Bill Text: NJ A408 | 2010-2011 | Regular Session | Introduced
Bill Title: Refines certain review and approval responsibilities under the "Municipal Land Use Law" and the "map filing law."
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Introduced - Dead) 2010-01-12 - Introduced, Referred to Assembly Regulated Professions Committee [A408 Detail]
Download: New_Jersey-2010-A408-Introduced.html
STATE OF NEW JERSEY
214th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2010 SESSION
Sponsored by:
Assemblyman PATRICK J. DIEGNAN, JR.
District 18 (Middlesex)
Assemblyman JON M. BRAMNICK
District 21 (Essex, Morris, Somerset and Union)
Co-Sponsored by:
Assemblyman Giblin
SYNOPSIS
Refines certain review and approval responsibilities under the "Municipal Land Use Law" and the "map filing law."
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning land surveying and amending various parts of the statutory law.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 3.3 of P.L.1975, c.291 (C.40:55D-6) is amended to read as follows:
3.3. "Party immediately concerned" means for purposes of notice any applicant for development, the owners of the subject property and all owners of property and government agencies entitled to notice under section 7.1 of P.L.1975, c.291 (C.40:55D-12).
"Performance guarantee" means any security, which may be accepted by a municipality, including but not limited to surety bonds, letters of credit under the circumstances specified in section 16 of P.L.1991, c.256 (C.40:55D-53.5), and cash.
"Planned commercial development" means an area of a minimum contiguous or noncontiguous size as specified by ordinance to be developed according to a plan as a single entity containing one or more structures with appurtenant common areas to accommodate commercial or office uses or both and any residential and other uses incidental to the predominant use as may be permitted by ordinance.
"Planned development" means planned unit development, planned unit residential development, residential cluster, planned commercial development or planned industrial development.
"Planned industrial development" means an area of a minimum contiguous or noncontiguous size as specified by ordinance to be developed according to a plan as a single entity containing one or more structures with appurtenant common areas to accommodate industrial uses and any other uses incidental to the predominant use as may be permitted by ordinance.
"Planned unit development" means an area with a specified minimum contiguous or noncontiguous acreage of 10 acres or more to be developed as a single entity according to a plan, containing one or more residential clusters or planned unit residential developments and one or more public, quasi-public, commercial or industrial areas in such ranges of ratios of nonresidential uses to residential uses as shall be specified in the zoning ordinance.
"Planned unit residential development" means an area with a specified minimum contiguous or noncontiguous acreage of five acres or more to be developed as a single entity according to a plan containing one or more residential clusters, which may include appropriate commercial, or public or quasi-public uses all primarily for the benefit of the residential development.
"Planning board" means the municipal planning board established pursuant to section 14 of P.L.1975, c.291 (C.40:55D-23).
"Plat" means a map or maps of a subdivision or site plan, condominium plan, all government maps and any other maps to be filed or submitted to any agency of competent jurisdiction.
"Preliminary approval" means the conferral of certain rights pursuant to sections 34, 36 and 37 of P.L.1975, c.291 (C.40:55D-46; C.40:55D-48; and C.40:55D-49) prior to final approval after specific elements of a development plan have been agreed upon by the planning board and the applicant.
"Preliminary floor plans and elevations" means architectural drawings prepared during early and introductory stages of the design of a project illustrating in a schematic form, its scope, scale and relationship to its site and immediate environs.
"Public areas" means (1) public parks, playgrounds, trails, paths and other recreational areas; (2) other public open spaces; (3) scenic and historic sites; and (4) sites for schools and other public buildings and structures.
"Public development proposal" means a master plan, capital improvement program or other proposal for land development adopted by the appropriate public body, or any amendment thereto.
"Public drainage way" means the land reserved or dedicated for the installation of storm water sewers or drainage ditches, or required along a natural stream or watercourse for preserving the biological as well as drainage function of the channel and providing for the flow of water to safeguard the public against flood damage, sedimentation and erosion and to assure the adequacy of existing and proposed culverts and bridges, to induce water recharge into the ground where practical, and to lessen nonpoint pollution.
"Public open space" means an open space area conveyed or otherwise dedicated to a municipality, municipal agency, board of education, State or county agency, or other public body for recreational or conservational uses.
"Public utility" means any public utility regulated by the Board of Regulatory Commissioners and defined pursuant to R.S.48:2-13.
"Quorum" means the majority of the full authorized membership of a municipal agency.
"Receiving zone" means an area or areas designated in a master plan and zoning ordinance, adopted pursuant to P.L.1975, c.291 (C.40:55D-1 et seq.), within which development may be increased, and which is otherwise consistent with the provisions of section 9 of P.L.2004, c.2 (C.40:55D-145).
"Residential cluster" means a contiguous or noncontiguous area to be developed as a single entity according to a plan containing residential housing units which have a common or public open space area as an appurtenance.
"Residential density" means the number of dwelling units per gross acre of residential land area including streets, easements and open space portions of a development.
"Resubdivision" means (1) the further division or relocation of lot lines of any lot or lots within a subdivision previously made and approved or recorded according to law or (2) the alteration of any streets or the establishment of any new streets within any subdivision previously made and approved or recorded according to law, but does not include conveyances so as to combine existing lots by deed or other instrument.
(cf: P.L.2004, c.2, s.35)
2. Section 2 of P.L.1960, c.141 (C.46:23-9.10) is amended to read as follows:
2. Definitions. As used in this act:
a. Map" means a map, plat, condominium plan, right of way parcel maps of the State, county or municipality, chart, or survey of lands presented for approval to the proper authority as hereinafter defined or presented for filing in accordance with the provisions of this act, but does not mean a map, plat or sketch required to be filed or recorded under the provisions of P.L.1957, c.130 (C.48:3-17.2).
b. "Municipal Engineer" means the official licensed professional engineer appointed by the proper authority of the municipality wherein the territory shown on a map is situate.
c. The term "Professional Engineer" means a person who is legally authorized to practice professional engineering in this State in accordance with the provisions of P.L.1938, c.342 (C.45:8-27 et seq.).
d. The term "Land Surveyor" means a person who is legally authorized to practice land surveying in this State in accordance with the provisions of P.L.1938, c.342 (C.45:8-27 et seq.).
e. "Proper authority" means the chief legislative body of a municipality or any other agencies to whom the authority for the approval of maps may be duly designated by ordinance.
f. "Right of way parcel map" means any general property parcel map of the State, county or municipality which shows highways, roads or street acquisitions and any associated easements for highway, road or street rights of way.
g. "Entire tract" means all of the property that is being subdivided including lands remaining after subdivision.
h. "Condominium plan" means a survey of the condominium property in sufficient detail to show and identify common elements, each unit and their respective locations and appropriate dimensions, which shall be filed in accordance with the requirements of section 3 of P.L.1960, c.141 (C.46:23-9.11). A condominium plan shall bear a certification by a land surveyor, professional engineer or architect authorized and qualified to practice in this State setting forth that the plan constitutes a correct representation of the improvements described.
i. "General property parcel map" means any right of way parcel map showing a grouping of parcel and easement acquisitions for part of a section of a highway, road or street or any other municipal project where parcel and easement acquisitions are required.
(cf: P.L.1998, c.23, s.2.)
3. Section 3 of P.L.1960, c.141 (C.46:23-9.11) is amended to read as follows:
3. Requirements for Approval.
All subdivision plats, both major and where required minor, right of way parcel maps and general property parcel maps of the State, county or municipality, shall be filed in accordance with the provisions of P.L.1960, c.141 (C.46:23-9.9 et seq.). Right of way parcel maps and general property parcel maps shall meet the requirements of subsections a. through d., subsections f. through [i .] j., subsection m. and paragraph 12 of subsection r. of this section. Minor subdivision maps shall meet the requirements of subsections a. through [i. , and k. through] q., [and subsection j. except for the outside tract line monuments], and paragraph 13 of subsection r. of this section.
A condominium plan shall be filed in accordance with the requirements of subsections a. through c., subsections f. through i., [and] subsection m, certifications (1) and (2) of subsection n. as they apply, and subsection o. of this section.
All other government survey maps, plats, charts or plans, prepared by a land surveyor, may be filed in accordance with the provisions of P.L.1960, c.141 (C.46:23-9.9 et seq.) and shall meet the requirements of subsections a. through d., f. through j. and l. through m., and need only comply with the certifications (1) and (2) in subsection n. allowing for modifications to these certifications for government use, and that the setting of outside tract line boundary markers shall be pursuant to regulations promulgated by the State Board of Professional Engineers and Land Surveyors subject to the provisions of section 1 of P.L.2003, c.14 (C.45:8-36.3).
No map requiring approval by law or that is to be approved for filing with a county recording officer, shall be approved by the proper authority unless it shall conform to the following requirements:
a. It shall be clearly and legibly drawn, and where required endorsed and presented either as an original drawing in black ink on translucent tracing cloth, translucent mylars at least 4 mils thick or its equivalent, of good quality, with signatures in ink, or as an equivalent reproduction on photographic fixed line mylar 4 mils thick with signatures in black ink or its equivalent and shall be accompanied by a [cloth print or] photographic fixed line mylar 4 mils thick duplicate thereof.
b. It shall be one of six standard sizes namely, 8 1/2" x [13"] 14", 30" x 42", 24" x 36", 11" x 17", 18" x 24" or 15" x 21" as measured from cutting edges. If one sheet is not of sufficient size to contain the entire territory, the map may be divided into sections to be shown on separate sheets of equal sizes, with references on each sheet to the adjoining sheets. In addition to these sizes, a map size of 22" x 36" shall also be acceptable for right of way parcel maps, general property parcel maps and all other government maps.
c. It shall show the scale, which shall be inches to feet unless the proper authority or local practice requires using a metric scale, and be large enough to contain legibly written data on the dimensions, bearings and all other details of the boundaries, and it shall also show the graphic scale.
d. It shall show the dimensions, square footage of each lot to the nearest square foot or nearest one hundredth of an acre, bearings and curve data to include the radius, delta angle, length of arc, chord distance and chord bearing sufficient to enable the definite location of all lines and boundaries shown thereon, including public easements and areas dedicated for public use. Non-tangent curves and non-radial lines shall be so labeled. Right of way parcel maps shall show bearings, distances and curve data for the right of way [or] and the center line [or] and base line and ties to right of way lines if from a base line.
e. Where lots are shown thereon, those in each block shall be numbered consecutively. In municipalities where tax maps exist, block and lot designations shall conform therewith, if the municipal regulations so require. In counties which have adopted or shall adopt the local or block system of indices pursuant to sections 46:24-1 to 46:24-22 of the Revised Statutes, it shall have delineated and shown thereon the block boundary or boundaries and designations established by the board of commissioners of land records of such counties respecting the territory intended to be shown on such map.
f. The reference meridian used for bearings on the map shall be shown graphically. The coordinate base, either assumed or based on the New Jersey Plane Coordinate System, shall be shown on the plat.
g. All municipal boundary lines crossing or adjacent to the territory intended to be shown shall be shown and designated.
h. All natural and artificial watercourses, streams, shorelines and water boundaries and encroachment lines shall be shown. On right of way parcel maps all easements that affect the right of way shall be shown and dimensioned, including but not limited to slope easements and drainage.
i. All permanent easements shall be shown and dimensioned including but not limited to sight right easements and utility easements.
j. The map shall clearly show all monumentation as required by this act, including monuments found, monuments set, and monuments to be set. An indication shall be made where monumentation found has been reset. For purposes of this subsection "found corners" shall be considered monuments. A minimum of three corners distributed around the tract shall indicate the coordinate values. [The] For subdivision plats and condominium plans the outbound corner markers shall be set pursuant to regulations promulgated by the State Board of Professional Engineers and Land Surveyors , subject to the provisions of section 1 of P.L.2003, c.14 (C.45:8-36.3). The types of boundary markers shall be those contained in the regulations promulgated by the board and approved by the proper authority. For all government mapping other than right of way parcel maps and general property parcel maps, the outbound corner markers shall be set pursuant to regulations promulgated by the State Board of Professional Engineers and Land Surveyors subject to the provisions of section 1 of P.L.2003, c.14 (C.45:8-36.3).
k. It shall conform to such other technical design controls as may be required by the provisions of local ordinances, including but not limited to minimum street widths, minimum lot areas and minimum yard dimensions and should be shown as a chart on the plat.
l. The name of the subdivision, name of the last property owner or owners, municipality and county shall be shown.
m. The date of the survey shall be shown and the map shall be in accordance with the minimum survey detail requirements as promulgated by the State Board of Professional Engineers and Land Surveyors.
n. There shall be endorsed thereon a certificate of a land surveyor or surveyors, as follows:
(1) I hereby certify that to the best of my knowledge and belief this map and land survey dated ............................................. meets the minimum survey detail requirements, [with outbound corners marked,] as promulgated by the State Board of Professional Engineers and Land Surveyors and has been made under my supervision, and complies with the provisions of "the map filing law" and that [the] any outbound corner markers [as] shown have been found, or set as indicated.
(Include the following, if applicable)
I do further certify that the monuments as designated and shown hereon have been set.
.............................................................
(Printed name of Licensed Professional Land Surveyor) Date
Licensed Professional Land Surveyor [and No.] , NJ Lic.#
(Affix Seal)
(2) If the land surveyor who prepares the map is different than the land surveyor who prepared the outbound survey, the following two certificates shall be added in lieu of the certificate above.
I hereby certify to the best of my knowledge information and belief that this land survey dated has been made under my supervision and meets the minimum survey detail requirements, [with outbound corners marked,] promulgated by the State Board of Professional Engineers and Land Surveyors and that [the] any outbound corner markers [as] shown have been found, or set as indicated.
.............................................................
(Printed name of Licensed Professional Land Surveyor) Date
Licensed Professional Land Surveyor [and No.] , N.J. Lic.#
(Affix seal)
I hereby certify that this map has been made under my supervision and complies with the provisions of the "map filing law."
(Including the following if applicable)
I do further certify that the monuments as designated and shown hereon have been set.
.....................................................
(Printed name of Licensed Professional Land Surveyor) Date
Licensed Professional Land Surveyor [and No.] , N.J. Lic.#
(Affix seal)
(3) If monuments are to be set at a later date, the following requirements and endorsement shall be shown on the map.
The monuments shown on this map shall be set within an appropriate time limit as provided for in the "Municipal Land Use Law," P.L.1975, c.291 (C.40:55D-1 et seq.) or local ordinance.
I certify that a bond of a sufficient amount has been given to the municipality, guaranteeing the future setting of the monuments shown on this map and so designated.
......................................................
(Printed name of Municipal Clerk) Date
Municipal Clerk
(4) If the map is a right of way parcel map or general property parcel map the project surveyor need [only to] not certify that the monuments have been set or will be set.
o. [There shall be endorsed thereon a certificate of the municipal engineer as follows:] When the municipal engineer is also licensed as a land surveyor, the endorsement shall read:
I have carefully examined this map and to the best of my knowledge and belief find it conforms with the provisions of "the map filing law" resolution of approval and [the] any municipal ordinances and requirements applicable thereto.
...........................................................
(Printed name of Municipal Engineer) Date
Municipal Engineer
Professional Engineer and Land Surveyor, NJ Lic.#
(Affix Seal)
When the municipal engineer is not licensed as a land surveyor, the endorsement shall read:
I have carefully examined this map and to the best of my knowledge and belief find it conforms with the resolution of approval and any municipal ordinances and requirements applicable thereto. I further certify that this map was carefully examined by (Printed name of Land Surveyor), Professional Land Surveyor, NJ Lic. # ___________ and that the surveyor reported that to the best of the land surveyor's knowledge and the map conforms with the provisions of "the map filing law."
..........................................................
(Printed name of Licensed Professional Land Surveyor Date
Municipal Engineer
Professional Engineer, NJ Lic.#
(Affix Seal)
p. There shall be submitted to the proper authority an affidavit setting forth the names and addresses of all the record title owners of the lands subdivided by said map and the consent in writing of all such owners to the approval of such map shall be required.
q. If the map shows streets, avenues, roads, lanes or alleys, there shall be endorsed thereon a certificate by the municipal clerk that the municipal body has approved such streets, avenues, roads, lanes or alleys, except where such map is prepared and presented for filing by the State of New Jersey or any of its agencies. The map shall show all of the street names as approved by the municipality.
r. Monuments are required on one side of the right of way only and shall be of metal detectable durable material at least 30 inches long. The top and bottom shall be a minimum of 4 inches square; if concrete, however it may be made of other durable metal detectable material specifically designed to be permanent, as approved by the State Board of Professional Engineers and Land Surveyors. All monuments shall include the identification of the professional land surveyor [or] and firm. They shall be firmly set in the ground so as to be visible at the following control points; provided that in lieu of installation of the monuments, the municipality may accept bond with sufficient surety in form and amount to be determined by the governing body, conditioned upon the proper installation of said monuments upon the completion of the grading of the streets and roads shown on the map.
(1) At each intersection of the outside boundary of the whole tract, with the right-of-way line of any side of an existing street.
(2) At the intersection of the outside boundary of the whole tract with the right-of-way line on one side of a street being established by the map under consideration.
(3) At one corner formed by the intersection of the right-of-way lines of any 2 streets at a T-type intersection.
(4) At any two corners formed by the right-of-way lines of any two streets in an "X" or "Y" type intersection.
(5) If the right-of-way lines of two streets are connected by a curve at an intersection, monuments shall be as stipulated in (3) and (4) of this subsection at one of the following control points:
(a) The point of intersection of the prolongation of said lines.
(b) The point of curvature of the connecting curve or,
(c) The point of tangency of the connecting curve.
(6) At the beginning and ending of all tangents on one side of any street.
(7) At the point of compound curvature or point of reversed curvature where either curve has a radius equal to or greater than 100 feet. Complete curve data as indicated in subsection d. of this section shall be shown on both sides.
(8) At intermediate points in the sidelines of a street between two adjacent street intersections in cases where the street deflects from a straight line or the line of sight between the adjacent intersections is obscured by a summit or other obstructions which are impractical to remove. This requirement may necessitate the setting of additional monuments at points not mentioned above. Bearings and distances between the monuments or coordinate values shall be indicated.
(9) In cases where it is impossible to set a monument at any of the above designated points, a nearby reference monument shall be set and its relation to the designated point shall be clearly designated on the map; [or] and the plate on the reference monument shall be stamped with the word "offset" and its [relation] relationship to the [monument shown on the filed map] designated point.
(10) In areas where permanency of monuments may be better insured by off-setting the monuments from the property line, the municipal engineer may authorize such procedure; provided, that proper instrument sights may be obtained and complete off-set data is recorded on the map.
(11) A note shall be provided on each drawing that shall read as follows: "By the filing of a map in accordance with the provisions of "the map filing law," reasonable survey access to the monuments is granted, which shall not restrict in any way the use of the property by the landowner."
(12) On right of way parcel maps, and general property parcel maps, the monuments shall be set at the points of curvature, points of tangency, points of reverse curvature and points of compound curvature or the control base line or center line, if used, and be intervisible with a second monument.
(13) On minor subdivisions a monument shall be set at each intersection of an outside boundary of the newly created lot(s) with the right of way line of any side of an existing or proposed street.
For all mapping under P.L.1960, c.141 (C.46:23-9.9 et seq.), the land surveyor may show the footprint of proposed improvements and the distance of proposed improvements from the boundary lines of the property. A note shall be included on the drawing indicating the source of the information being shown. For the purposes of this section, "footprint" shall mean the exterior surface of any proposed improvement to the land where said exterior surface comes in contact with the surface of the ground.
(cf: P.L.1999, c.258, s.1)
4. Section 4 of P.L.1960, c.141 (C.46:23-9.12) is amended to read as follows:
4. The proper authority shall approve or disapprove [such] the map, or determine that the map is exempt from approval, within 45 days from the receipt thereof.
(cf: P.L.1960, c.141, s.4)
5. Section 6 of P.L.1960, c.141 (C.46:23-9.14) is amended to read as follows:
6. The county recording officer shall not accept for filing any map required to be presented for approval to the proper authority, unless it has endorsed thereon a certificate signed and sealed with the municipal seal by the municipal clerk or secretary of the planning board as the case may be, stating that the proper authority has approved the map or stating its exemption from approval which certificate shall state that said map complies with the provisions of [this law] "the map filing law" P.L.1960, c.141 (C.46:23-9.9 et seq.) and for maps requiring approval shall designate the day on or before which said map is required to be filed by the provisions of the applicable law and provided that said map is filed on or before said designated day. One of the following endorsements shall be used and shall read as follows:
When review and approval by the proper authority is required:
This is to certify that the Planning Board of the of is the proper authority and, having reviewed this map, finds it to be in compliance with "the map filing law" and has approved this map for filing with the county recording officer of (county) County on or before the (date) day of (month), (year). After this date municipal approval shall expire.
(Printed name of the municipal clerk or secretary of the planning board)
Title, Municipal Clerk or Secretary of the Planning Board Date
When it has been determined that approval by the proper authority is not required:
This is to certify that the Planning Board of the of is the proper authority and, having reviewed this map, finds it to be in compliance with "the map filing law" and has determined that this map is exempt from approval by this authority.
(Printed name of the municipal clerk or secretary of the planning board)
Title, Municipal Clerk or Secretary of the Planning Board Date
Right of way parcel maps, general property parcel maps and all other government survey maps, plats, charts or plans, prepared by a licensed land surveyor, shall not require approval by the proper authority as a prerequisite to filing with the county recording officer.
Minor subdivision maps may be filed with the county recording officer when the minor subdivision map is accompanied with a certified resolution from the proper authority granting the subdivision approval.
[Said map shall also] All maps shall comply with the provisions of [section 3,] paragraphs a. and b. of [this act] section 3 of P.L.1960, C.141(C.46:23-9.11) in order to be accepted for filing.
(cf: P.L.1960, c.141, s.6)
6. Section 1 of P.L.1998, c.23 (C.46:23-9.17) is amended to read as follows:
1. a. The provisions of P.L.1997, c.211 shall not apply to the filing of any right of way parcel map in connection with projects for which construction bids are advertised on or prior to July 1, 2001. For the purposes of this section, the advertising of construction bids shall mean the first publication for the solicitation of bids for work and material for a highway, road or street project. The provisions of P.L.1997, c.211 shall apply to the filing of right of way parcel maps after July 1, 2001.
b. All right of way parcel maps, and amendments thereto, of the State, or any county or municipality showing acquisitions and associated easements for projects for which construction bids are advertised on or prior to July 1, 2001 may be filed with the county recording officer at any time without meeting the requirements of P.L.1997, c.211, so long as certification as to the date of the advertisement notice is produced when requested by the county recording officer.
c. The plot plan which is required to be included as part of a declaration of taking under paragraph (c) of section 17 of P.L.1971, c.361 (C. 20:3-17) need only meet the accuracy standards of a right of way parcel map.
d. [The scale of the maps and the dimensions depicted upon right of way parcel maps may be in metric or English at the discretion of the preparer] (Deleted by amendment, P.L. , c. (C. ) (pending before the Legislature as this bill).
e. [In addition to sizes set forth in P.L.1997, c.211, a map size of 22 inches by 36 inches shall be acceptable for right of way parcel maps] (Deleted by amendment, P.L. , c. (C. ) (pending before the Legislature as this bill).
(cf: P.L.1998, c.23, s.1)
7. This act shall take effect immediately.
STATEMENT
The purpose of this bill is to provide that only properly licensed New Jersey Land Surveyors review all matters pertaining to land surveying and the practice of land surveying in the submission of site plans and subdivision maps to the proper authority. Presently, licensed engineers are allowed to review all matters and make all determinations in matters involving land surveying. While this may have been acceptable in the past, changes in the statutory law governing land surveyors and engineers, as well as differences in the requirements for each profession in terms of education and experience, have made the two professions distinct and separate. In light of this, and to be consistent with current statute and administrative rule requirements, the Legislature should amend the "Municipal Land Use Law" and the "map filing law" in order to reflect these changes and protect the safety and welfare of the public.
Under the bill, the responsibility for review of all matters pertaining to engineering will remain with the licensed engineer, but responsibility for review of matters pertaining to land surveying will be placed with the licensed land surveyor in accordance with the present statute and administrative rule requirements.
