Bill Text: NJ S2256 | 2016-2017 | Regular Session | Introduced
Bill Title: Pertains to certain review and approval responsibilities of land surveyors.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2016-05-23 - Introduced in the Senate, Referred to Senate Commerce Committee [S2256 Detail]
Download: New_Jersey-2016-S2256-Introduced.html
Sponsored by:
Senator PATRICK J. DIEGNAN, JR.
District 18 (Middlesex)
SYNOPSIS
Pertains to certain review and approval responsibilities of land surveyors.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning land surveying and amending various parts of the statutory law and supplementing Title 46 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 3.2 of P.L.1975, c.291 (C.40:55D-5) is amended to read as follows:
3.2. "Maintenance guarantee" means any security which may be accepted by a municipality for the maintenance of any improvements required by this act, 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.
"Major subdivision" means any subdivision not classified as a minor subdivision.
"Master plan" means a composite of one or more written or graphic proposals for the development of the municipality as set forth in and adopted pursuant to section 19 of P.L.1975, c.291 (C.40:55D-28).
"Mayor" means the chief executive of the municipality, whatever his official designation may be, except that in the case of municipalities governed by municipal council and municipal manager the term "mayor" shall not mean the "municipal manager" but shall mean the mayor of such municipality.
"Military facility" means any facility located within the State which is owned or operated by the federal government, and which is used for the purposes of providing logistical, technical, material, training, and any other support to any branch of the United States military.
"Military facility commander" means the chief official, base commander or person in charge at a military facility.
"Minor site plan" means a development plan of one or more lots which (1) proposes new development within the scope of development specifically permitted by ordinance as a minor site plan; (2) does not involve planned development, any new street or extension of any off-tract improvement which is to be prorated pursuant to section 30 of P.L.1975, c.291 (C.40:55D-42); and (3) contains the information reasonably required in order to make an informed determination as to whether the requirements established by ordinance for approval of a minor site plan have been met.
"Minor subdivision"
means a subdivision of land for the creation of a number of lots specifically
permitted by ordinance as a minor subdivision; provided that such subdivision
does not involve (1) a
planned development, (2) any new street or (3) the extension of any off-tract
improvement, the cost of which is to be prorated pursuant to section 30 of
P.L.1975, c.291 (C.40:55D-42).
"Municipality" means any city, borough, town, township or village.
"Municipal agency" means a municipal planning board or board of adjustment, or a governing body of a municipality when acting pursuant to this act and any agency which is created by or responsible to one or more municipalities when such agency is acting pursuant to this act.
"Municipal engineer" means the official licensed professional engineer appointed by the proper authority of the municipality wherein the territory shown on a map is situated.
"Municipal land surveyor" means the official licensed professional land surveyor appointed by the proper authority of the municipality wherein the territory shown on a map is situated.
"Municipal resident" means a person who is domiciled in the municipality.
"Nonconforming lot" means a lot, the area, dimension or location of which was lawful prior to the adoption, revision or amendment of a zoning ordinance, but fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.
"Nonconforming structure" means a structure the size, dimension or location of which was lawful prior to the adoption, revision or amendment of a zoning ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption, revision or amendment.
"Nonconforming use" means a use or activity which was lawful prior to the adoption, revision or amendment of a zoning ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption, revision or amendment.
"Noncontiguous cluster" means noncontiguous areas to be developed as a single entity according to a plan containing an area, or a section or sections thereof, to be developed for residential purposes, nonresidential purposes, or a combination thereof, at a greater concentration of density or intensity of land use than authorized within the area, section, or sections, under conventional development, in exchange for the permanent preservation of another area, or a section or sections thereof, as common or public open space, or for historic or agricultural purposes, or a combination thereof.
"Office of Smart Growth" means the Office of State Planning established pursuant to section 6 of P.L.1985, c.398 (C.52:18A-201).
"Official county map" means the map, with changes and additions thereto, adopted and established, from time to time, by resolution of the board of chosen freeholders of the county pursuant to R.S.40:27-5.
"Official map" means a map adopted by ordinance pursuant to article 5 of P.L.1975, c.291.
"Offsite" means located outside the lot lines of the lot in question but within the property, of which the lot is a part, which is the subject of a development application or the closest half of the street or right-of-way abutting the property of which the lot is a part.
"Off-tract" means not located on the property which is the subject of a development application nor on the closest half of the abutting street or right-of-way.
"Onsite" means located on the lot in question and excluding any abutting street or right-of-way.
"On-tract" means located on the property which is the subject of a development application or on the closest half of an abutting street or right-of-way.
"Open-space" means any parcel or area of land or water essentially unimproved and set aside, dedicated, designated or reserved for public or private use or enjoyment or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space; provided that such areas may be improved with only those buildings, structures, streets and offstreet parking and other improvements that are designed to be incidental to the natural openness of the land or support its use for recreation and conservation purposes.
(cf: P.L.2013, c.106, s.4)
2. 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, contiguous cluster or noncontiguous 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 contiguous clusters or noncontiguous 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 contiguous clusters or noncontiguous 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, and government maps or 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.
"Proper authority" means the chief legislative body of a municipality or any other agency to which the authority for approval of maps has been designated by ordinance or statute.
"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 recreation and conservation purposes.
"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).
"Recreation and conservation purposes" means "recreation and conservation purposes" as defined in section 3 of P.L.1999, c.152 (C.13:8C-3).
"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.2013, c.106, s.5)
3. Section 35 of P.L.1975, c.291 (C.40:55D-47) is amended to read as follows:
35. a. Minor subdivision. An ordinance requiring approval of subdivisions by the planning board may authorize the planning board to waive notice and public hearing for an application for development if the planning board or subdivision committee of the board appointed by the chairman find that the application for development conforms to the definition of "minor subdivision" in section 3.2 of P.L.1975, c.291 (C.40:55D-5). Minor subdivision approval shall be deemed to be final approval of the subdivision by the board; provided that the board or said subcommittee may condition such approval on terms ensuring the provision of improvements pursuant to sections 29, 29.1, 29.2 and 41 of P.L.1975, c.291 (C.40:55D-38, C.40:55D-39, C.40:55D-40, and C.40:55D-53).
b. Minor subdivision approval shall be granted or denied within 45 days of the date of submission of a complete application to the administrative officer, or within such further time as may be consented to by the applicant. Failure of the planning board to act within the period prescribed shall constitute minor subdivision approval and a certificate of the administrative officer as to the failure of the planning board to act shall be issued on request of the applicant; and it shall be sufficient in lieu of the written endorsement or other evidence of approval, herein required, and shall be so accepted by the county recording officer for purposes of filing subdivision plats.
c. Whenever review or approval of the application by the county planning board is required by section 5 of P.L.1968, c.285 (C.40:27-6.3), the municipal planning board shall condition any approval that it grants upon timely receipt of a favorable report on the application by the county planning board or approval by the county planning board by its failure to report thereon within the required time period.
d. Except as provided in subsection f. of this section, approval of a minor subdivision shall expire 190 days from the date on which the resolution of municipal approval is adopted unless within such period a plat in conformity with such approval and the provisions of the ["Map Filing Law," P.L.1960, c.141 (C.46:23-9.9 et seq.), or] applicable sections of N.J.S.46:26A-1 et seq. and N.J.S.46:26B-1 et seq., and a deed clearly describing the approved minor subdivision is filed by the developer with the county recording officer, the municipal engineer and the municipal tax assessor. Any such plat or deed accepted for such filing shall have been signed by the chairman and secretary of the planning board. In reviewing the application for development for a proposed minor subdivision the planning board may be permitted by ordinance to accept a plat not in conformity with the ["Map Filing Law," P.L.1960, c.141 (C.46:23-9.9 et seq.); provided that if the developer chooses to file the minor subdivision as provided herein by plat rather than deed such plat shall conform with the provisions of said act] applicable sections of N.J.S.46:26A-1 et seq. and N.J.S.46:2B-1 et seq.
e. The zoning requirements and general terms and conditions, whether conditional or otherwise, upon which minor subdivision approval was granted, shall not be changed for a period of two years after the date on which the resolution of minor subdivision approval is adopted; provided that the approved minor subdivision shall have been duly recorded as provided in this section.
f. The planning board may extend the 190-day period for filing a minor subdivision plat or deed pursuant to subsection d. of this section if the developer proves to the reasonable satisfaction of the planning board (1) that the developer was barred or prevented, directly or indirectly, from filing because of delays in obtaining legally required approvals from other governmental or quasi-governmental entities and (2) that the developer applied promptly for and diligently pursued the required approvals. The length of the extension shall be equal to the period of delay caused by the wait for the required approvals, as determined by the planning board. The developer may apply for the extension either before or after what would otherwise be the expiration date.
g. The planning board shall grant an extension of minor subdivision approval for a period determined by the board but not exceeding one year from what would otherwise be the expiration date, if the developer proves to the reasonable satisfaction of the board that the developer was barred or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally required approvals from other governmental entities and that the developer applied promptly for and diligently pursued the required approvals. A developer shall apply for the extension before (1) what would otherwise be the expiration date of minor subdivision approval or (2) the 91st day after the developer receives the last legally required approval from other governmental entities, whichever occurs later.
(cf: P.L.1991, c.256, s.9)
4. Section 38 of P.L.1975, c.291 (C.40:55D-50) is amended to read as follows:
38. Final approval of site plans and major subdivisions.
a. The planning board shall grant final approval if the detailed drawings, specifications and estimates of the application for final approval conform to the standards established by ordinance for final approval, the conditions of preliminary approval and, in the case of a major subdivision, the standards prescribed by applicable sections of N.J.S.46:26A-1 et seq. and N.J.S.46:26B-1 et seq.; provided that in the case of a planned development, the planning board may permit minimal deviations from the conditions of preliminary approval necessitated by change of conditions beyond the control of the developer since the date of preliminary approval without the developer being required to submit another application for development for preliminary approval.
b. Final approval shall be granted or denied within 45 days after submission of a complete application to the administrative officer, or within such further time as may be consented to by the applicant. Failure of the planning board to act within the period prescribed shall constitute final approval and a certificate of the administrative officer as to the failure of the planning board to act shall be issued on request of the applicant, and it shall be sufficient in lieu of the written endorsement or other evidence of approval, herein required, and shall be so accepted by the county recording officer for purposes of filing subdivision plats.
Whenever review or approval of the application by the county planning board is required by section 5 of P.L.1968, c.285 (C.40:27-6.3), in the case of a subdivision, or section 8 of P.L.1968, c.285 (C.40:27-6.6), in the case of a site plan, the municipal planning board shall condition any approval that it grants upon timely receipt of a favorable report on the application by the county planning board or approval by the county planning board by its failure to report thereon within the required time period.
(cf: P.L.2013, c.106, s.12)
5. Section 41 of P.L.1975, c.291 (C.40:55D-53) is amended to read as follows:
41. Guarantees required; surety; release. a. Before recording of final subdivision plats or as a condition of final site plan approval or as a condition to the issuance of a zoning permit pursuant to subsection d. of section 52 of P.L.1975, c.291 (C.40:55D-65), the approving authority may require and shall accept in accordance with the standards adopted by ordinance and regulations adopted pursuant to section 1 of P.L.1999, c.68 (C.40:55D-53a) for the purpose of assuring the installation and maintenance of on-tract improvements, the furnishing of a performance guarantee, and provision for a maintenance guarantee in accordance with paragraphs (1) and (2) of this subsection. If a municipality has adopted an ordinance requiring a successor developer to furnish a replacement performance guarantee, as a condition to the approval of a permit update under the State Uniform Construction Code, for the purpose of updating the name and address of the owner of property on a construction permit, the governing body may require and shall accept in accordance with the standards adopted by ordinance and regulations adopted pursuant to section 1 of P.L.1999, c.68 (C.40:55D-53a) for the purpose of assuring the installation and maintenance of on-tract improvements, the furnishing of a performance guarantee, and provision for a maintenance guarantee, in accordance with paragraphs (1) and (2) of this subsection.
(1) The furnishing of a performance guarantee in favor of the municipality in an amount not to exceed 120% of the cost of installation, which cost shall be determined by the municipal engineer and the municipal land surveyor according to the method of calculation set forth in section 15 of P.L.1991, c.256 (C.40:55D-53.4), for improvements which the approving authority may deem necessary or appropriate [including:] . For the municipal engineer these costs shall include streets, grading, pavement, gutters, curbs, sidewalks, street lighting, shade trees, [surveyor's monuments, as shown on the final map and required by "the map filing law," P.L.1960, c.141 (C.46:23-9.9 et seq.),] water mains, culverts, storm sewers, sanitary sewers or other means of sewage disposal, drainage structures, erosion control and sedimentation control devices, public improvements of open space and, in the case of site plans only, other on-site improvements and landscaping. For the municipal land surveyor these costs shall include the surveyor's monuments or boundary markers, as shown on the final map and required by N.J.S.46:26B-1 et seq., and all other matters pertaining to land surveying and the practice of land surveying.
The municipal engineer shall prepare an itemized cost estimate of the improvements covered by the performance guarantee, which itemized cost estimate shall be appended to each performance guarantee posted by the obligor. The municipal land surveyor shall prepare an itemized cost estimate for the installation of the surveyor's monuments and all other matters pertaining to surveying and the practice of surveying in connection with the installation of these monuments, which itemized cost estimate shall be appended to each performance guarantee posted by the obligor.
(2) Provision for a maintenance guarantee to be posted with the governing body for a period not to exceed two years after final acceptance of the improvement, in an amount not to exceed 15% of the cost of the improvement, which cost shall be determined by the municipal engineer and the municipal land surveyor according to the method of calculation set forth in section 15 of P.L.1991, c.256 (C.40:55D-53.4). In the event that other governmental agencies or public utilities automatically will own the utilities to be installed or the improvements are covered by a performance or maintenance guarantee to another governmental agency, no performance or maintenance guarantee, as the case may be, shall be required by the municipality for such utilities or improvements.
b. The time allowed for installation of the improvements for which the performance guarantee has been provided may be extended by the governing body by resolution. As a condition or as part of any such extension, the amount of any performance guarantee shall be increased or reduced, as the case may be, to an amount not to exceed 120% of the cost of the installation, which cost shall be determined by the municipal engineer and the municipal land surveyor according to the method of calculation set forth in section 15 of P.L.1991, c.256 (C.40:55D-53.4) as of the time of the passage of the resolution.
c. If the required improvements are not completed or corrected in accordance with the performance guarantee, the obligor and surety, if any, shall be liable thereon to the municipality for the reasonable cost of the improvements not completed or corrected and the municipality may either prior to or after the receipt of the proceeds thereof complete such improvements. Such completion or correction of improvements shall be subject to the public bidding requirements of the "Local Public Contracts Law," P.L.1971, c.198 (C.40A:11-1 et seq.).
d. (1) Upon substantial completion of all required street improvements (except for the top course) and appurtenant utility improvements, and the connection of same to the public system, the obligor may request of the governing body in writing, by certified mail addressed in care of the municipal clerk, that the municipal engineer and the municipal land surveyor prepare, in accordance with the itemized cost estimate prepared by the municipal engineer and the municipal land surveyor and appended to the performance guarantee pursuant to subsection a. of this section, a list of all uncompleted or unsatisfactory completed improvements. If such a request is made, the obligor shall send a copy of the request to the municipal engineer and the municipal land surveyor. The request shall indicate which improvements have been completed and which improvements remain uncompleted in the judgment of the obligor. Thereupon the municipal engineer and the municipal land surveyor shall inspect all improvements covered by obligor's request and shall file a detailed list and report, in writing, with the governing body, and shall simultaneously send a copy thereof to the obligor not later than 45 days after receipt of the obligor's request.
(2) The list prepared by the municipal engineer and the municipal land surveyor shall state, in detail, with respect to each improvement determined to be incomplete or unsatisfactory, the nature and extent of the incompleteness of each incomplete improvement or the nature and extent of, and remedy for, the unsatisfactory state of each completed improvement determined to be unsatisfactory. The report prepared by the municipal engineer and the municipal land surveyor shall identify each improvement determined to be complete and satisfactory together with a recommendation as to the amount of reduction to be made in the performance guarantee relating to the completed and satisfactory improvement, in accordance with the itemized cost estimate prepared by the municipal engineer and the municipal land surveyor and appended to the performance guarantee pursuant to subsection a. of this section.
e. (1) The governing body, by resolution, shall either approve the improvements determined to be complete and satisfactory by the municipal engineer and the municipal land surveyor, or reject any or all of these improvements upon the establishment in the resolution of cause for rejection, and shall approve and authorize the amount of reduction to be made in the performance guarantee relating to the improvements accepted, in accordance with the itemized cost estimate prepared by the municipal engineer and the municipal land surveyor and appended to the performance guarantee pursuant to subsection a. of this section. This resolution shall be adopted not later than 45 days after receipt of the list and report prepared by the municipal engineer and the municipal land surveyor. Upon adoption of the resolution by the governing body, the obligor shall be released from all liability pursuant to its performance guarantee, with respect to those approved improvements, except for that portion adequately sufficient to secure completion or correction of the improvements not yet approved; provided that 30% of the amount of the total performance guarantee posted may be retained to ensure completion and acceptability of all improvements.
For the purpose of releasing the obligor from liability pursuant to its performance guarantee, the amount of the performance guarantee attributable to each approved improvement shall be reduced by the total amount for each such improvement, in accordance with the itemized cost estimate prepared by the municipal engineer and the municipal land surveyor and appended to the performance guarantee pursuant to subsection a. of this section, including any contingency factor applied to the cost of installation. If the sum of the approved improvements would exceed 70 percent of the total amount of the performance guarantee, then the municipality may retain 30 percent of the amount of the total performance guarantee to ensure completion and acceptability of all improvements, as provided above.
(2) If the municipal engineer and the municipal land surveyor fails to send or provide the list and report as requested by the obligor pursuant to subsection d. of this section within 45 days from receipt of the request, the obligor may apply to the court in a summary manner for an order compelling the municipal engineer and the municipal land surveyor to provide the list and report within a stated time and the cost of applying to the court, including reasonable attorney's fees, may be awarded to the prevailing party.
If the governing body fails to approve or reject the improvements determined by the municipal engineer and the municipal land surveyor to be complete and satisfactory or reduce the performance guarantee for the complete and satisfactory improvements within 45 days from the receipt of the municipal engineer's and the municipal land surveyor's list and report, the obligor may apply to the court in a summary manner for an order compelling, within a stated time, approval of the complete and satisfactory improvements and approval of a reduction in the performance guarantee for the approvable complete and satisfactory improvements in accordance with the itemized cost estimate prepared by the municipal engineer and the municipal land surveyor and appended to the performance guarantee pursuant to subsection a. of this section; and the cost of applying to the court, including reasonable attorney's fees, may be awarded to the prevailing party.
(3) In the event that the obligor has made a cash deposit with the municipality or approving authority as part of the performance guarantee, then any partial reduction granted in the performance guarantee pursuant to this subsection shall be applied to the cash deposit in the same proportion as the original cash deposit bears to the full amount of the performance guarantee.
f. If any portion of the required improvements is rejected, the approving authority may require the obligor to complete or correct such improvements and, upon completion or correction, the same procedure of notification, as set forth in this section shall be followed.
g. Nothing herein, however, shall be construed to limit the right of the obligor to contest by legal proceedings any determination of the governing body or the municipal engineer and the municipal land surveyor.
h. The obligor shall reimburse the municipality for all reasonable inspection fees paid to the municipal engineer and the municipal land surveyor for the foregoing inspection of improvements; provided that the municipality may require of the developer a deposit for the inspection fees in an amount not to exceed, except for extraordinary circumstances, the greater of $500 or 5% of the cost of improvements, which cost shall be determined pursuant to section 15 of P.L.1991, c.256 (C.40:55D-53.4). For those developments for which the inspection fees are less than $10,000, fees may, at the option of the developer, be paid in two installments. The initial amount deposited by a developer shall be 50% of the inspection fees. When the balance on deposit drops to 10% of the inspection fees because the amount deposited by the developer has been reduced by the amount paid to the municipal engineer and the municipal land surveyor for inspection, the developer shall deposit the remaining 50% of the inspection fees. For those developments for which the inspection fees are $10,000 or greater, fees may, at the option of the developer, be paid in four installments. The initial amount deposited by a developer shall be 25% of the inspection fees. When the balance on deposit drops to 10% of the inspection fees because the amount deposited by the developer has been reduced by the amount paid to the municipal engineer and the municipal land surveyor for inspection, the developer shall make additional deposits of 25% of the inspection fees. The municipal engineer and the municipal land surveyor shall not perform any inspection if sufficient funds to pay for those inspections are not on deposit.
i. In the event that final approval is by stages or sections of development pursuant to subsection a. of section 29 of P.L.1975, c.291 (C.40:55D-38), the provisions of this section shall be applied by stage or section.
j. To the extent that any of the improvements have been dedicated to the municipality on the subdivision plat or site plan, the municipal governing body shall be deemed, upon the release of any performance guarantee required pursuant to subsection a. of this section, to accept dedication for public use of streets or roads and any other improvements made thereon according to site plans and subdivision plats approved by the approving authority, provided that such improvements have been inspected and have received final approval by the municipal engineer and the municipal land surveyor.
(cf: P.L.2013, c.123, s.3)
6. Section 3 of P.L.1995, c.54 (C.40:55D-53.2a) is amended to read as follows:
3. a. An applicant shall notify in writing the governing body with copies to the chief financial officer, the approving authority and the professional whenever the applicant disputes the charges made by a professional for service rendered to the municipality in reviewing applications for development, review and preparation of documents, inspection of improvements, or other charges made pursuant to the provisions of P.L.1975, c.291 (C.40:55D-1 et seq.). The governing body, or its designee, shall within a reasonable time period attempt to remediate any disputed charges. If the matter is not resolved to the satisfaction of the applicant, the applicant may appeal to the county construction board of appeals established under section 9 of P.L.1975, c.217 (C.52:27D-127) any charge to an escrow account or a deposit by any municipal professional or consultant, or the cost of the installation of improvements estimated by the municipal engineer and the municipal land surveyor, in their respective professional fields, pursuant to section 15 of P.L.1991, c.256 (C.40:55D-53.4). An applicant or his authorized agent shall submit the appeal in writing to the county construction board of appeals. The applicant or his authorized agent shall simultaneously send a copy of the appeal to the municipality, approving authority, and any professional whose charge is the subject of the appeal. An applicant shall file an appeal within 45 days from receipt of the informational copy of the professional's voucher required by subsection c. of section 13 of P.L.1991, c.256 (C.40:55D-53.2), except that if the professional has not supplied the applicant with an informational copy of the voucher, then the applicant shall file his appeal within 60 days from receipt of the municipal statement of activity against the deposit or escrow account required by subsection c. of section 13 of P.L.1991, c.256 (C.40:55D-53.2). An applicant may file an appeal for an ongoing series of charges by a professional during a period not exceeding six months to demonstrate that they represent a pattern of excessive or inaccurate charges. An applicant making use of this provision need not appeal each charge individually.
b. The county construction board of appeals shall hear the appeal, render a decision thereon, and file its decision with a statement of the reasons therefor with the municipality or approving authority not later than 10 business days following the submission of the appeal, unless such period of time has been extended with the consent of the applicant. The decision may approve, disapprove, or modify the professional charges appealed from. A copy of the decision shall be forwarded by certified or registered mail to the party making the appeal, the municipality, the approving authority, and the professional involved in the appeal. Failure by the board to hear an appeal and render and file a decision thereon within the time limits prescribed in this subsection shall be deemed a denial of the appeal for purposes of a complaint, application, or appeal to a court of competent jurisdiction.
c. The county construction board of appeals shall provide rules for its procedure in accordance with this section. The board shall have the power to administer oaths and issue subpoenas to compel the attendance of witnesses and the production of relevant evidence, and the provisions of the "County and Municipal Investigations Law," P.L.1953, c.38 (C.2A:67A-1 et seq.) shall apply.
d. During the pendency of any appeal, the municipality or approving authority shall continue to process, hear, and decide the application for development, and to inspect the development in the normal course, and shall not withhold, delay, or deny reviews, inspections, signing of subdivision plats or site plans, the reduction or the release of performance or maintenance guarantees, the issuance of construction permits or certificates of occupancy, or any other approval or permit because an appeal has been filed or is pending under this section. The chief financial officer of the municipality may pay charges out of the appropriate escrow account or deposit for which an appeal has been filed. If a charge is disallowed after payment, the chief financial officer of the municipality shall reimburse the deposit or escrow account in the amount of any such disallowed charge or refund the amount to the applicant. If a charge is disallowed after payment to a professional or consultant who is not an employee of the municipality, the professional or consultant shall reimburse the municipality in the amount of any such disallowed charge.
e. The Commissioner of Community Affairs shall promulgate rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), to effectuate the purposes of this section. Within two years of the effective date of P.L.1995, c.54 (C.40:55D-53.2a et al.), the commissioner shall prepare and submit a report to the Governor, the President of the Senate, and the Speaker of the General Assembly. The report shall describe the appeals process established by section 3 of P.L.1995, c.54 (C.40:55D-53.2a) and shall make recommendations for legislative or administrative action necessary to provide a fair and efficient appeals process.
(cf: P.L.1995, c.54, s.3)
7. Section 15 of P.L.1991, c.256 (C.40:55D-53.4) is amended to read as follows:
15. The cost of the installation of improvements for the purposes of section 41 of P.L.1975, c.291 (C.40:55D-53) shall be estimated by the municipal engineer and the municipal land surveyor, in their respective professional fields, based on documented construction costs for public improvements prevailing in the general area of the municipality. The developer may appeal the municipal engineer's and the municipal land surveyor's estimate to the county construction board of appeals established under section 9 of P.L.1975, c.217 (C.52:27D-127).
(cf: P.L.1995, c.54, s.2)
8. 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)
9. N.J.S.46:26A-5 is amended to read as follows:
46:26A-5. Form of documents and maps; cover sheet or electronic synopsis.
a. To be accepted for recording, a document or its image shall be either:
(1) legibly printed on paper no larger than 81/2 inches by 14 inches; or
(2) in compliance with regulations on the form of documents promulgated by the Division of Archives and Records Management in the Department of State.
b. A document or its image accepted for recording may be accompanied by a cover sheet or an electronic synopsis separate from the document or integrated with the document. The Division of Archives and Records Management in the Department of State shall establish forms for cover sheets and formats for electronic synopses. The form for a separate cover sheet shall be available at every recording office and on a web site maintained by the Division of Archives and Records Management. The cover sheet or electronic synopsis shall include:
(1) the nature of the document;
(2) the date of the document;
(3) the names of the parties to the document and any other names by which the document is to be indexed;
(4) if the document is a deed conveying title to real property:
(i) the lot and block number or other real property tax designation of the real property conveyed or a statement that the information is not available;
(ii) the consideration for the conveyance;
(iii) the mailing address of the grantee; and
(5) if the document is an assignment, release or satisfaction of a mortgage or an agreement respecting a mortgage, it states the book and page number or the document identifying number of the mortgage to which it relates if the mortgage has been given such a number.
c. If the person submitting the document for recording does not include a cover sheet or electronic synopsis, the recording office shall charge an additional fee of $20 for the additional cost of indexing.
d. To be accepted for recording, a map shall be clearly and legibly drawn 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 accompanied by a cloth print or photographic fixed line mylar 4 mils thick duplicate; and one of six standard sizes: 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 mapping presented for recording.
e. The regulations of the Division of Archives and Records Management specifying the form of documents shall comply with rules, standards and procedures authorized by the State Records Committee pursuant to its authority under section 6 of P.L.1994, c.140 (C.47:1-12) and the "Destruction of Public Records Law (1953)," P.L.1953, c.410 (C.47:3-15 et seq.).
f. A county recording office shall not be required to accept for recording a cover sheet or electronic synopsis pursuant to subsections b. and c. of this section until five years after the effective date of P.L.2011, c.217 (N.J.S.46:26A-1 et al.). This provision shall not operate to prevent or preclude any county recording officer from adopting the use of the document summary form or electronic synopsis prior to that date.
(cf: N.J.S.46:26A-5)
10. N.J.S.46:26B-1 is amended to read as follows:
46:26B-1. Definitions.
As used in P.L.2011, c.217 (N.J.S.46:26A-1 et al.):
"Condominium plan" means a survey of the condominium property in sufficient detail to identify the location and dimensions of units and common elements, which shall be filed in accordance with the requirements of [section 3 of P.L.1960, c.141 (C.46:23-9.11)] N.J.S.46:26B-2. A condominium plan shall bear a certification by a land surveyor, as to the land survey information and proposed improvements to the site shown on such plan as provided by law, and by a professional engineer or architect , as to the design details shown on such plan, who are authorized to practice in this State that the plan is a correct representation of the improvements described.
"Entire tract" means all of the property that is being subdivided including lands remaining after subdivision.
"General property parcel map" means a right of way parcel map showing a group of parcel and easement acquisitions for part of a highway, road or street project, or any other government project where parcel and easement acquisitions are required.
"Land Surveyor" means a person who is legally authorized to practice land surveying in this State as provided by P.L.1938, c.342 (C.45:8-27 et seq.).
"Map" includes 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 a proper authority or presented for filing as provided by P.L.2011, c.217 (N.J.S.46:26A-1 et al.), but does not include 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) [or a subdivision plat for a subdivision that was granted final approval by a municipal approving authority on or prior to July 1, 1999].
"Municipal Engineer" means the official licensed professional engineer appointed by the proper authority of the municipality in which the territory shown on a map is located.
"Municipal Land Surveyor" means the official licensed professional land surveyor appointed by the proper authority of the municipality in which the territory shown on a map is located.
"Professional Engineer" means a person who is legally authorized to practice professional engineering in this State as provided by P.L.1938, c.342 (C.45:8-27 et seq.).
"Proper authority" means the chief legislative body of a municipality or other agencies to which the authority for approval of maps has been designated by ordinance or statute.
"Right of way parcel map" means any general property parcel map which shows highways or street acquisitions and any associated easements for highway or street rights of way.
(cf: N.J.S.46:26B-1)
11. N.J.S.46:26B-2 is amended to read as follows:
46:26B-2. Requirements for approval or filing of a map.
a. A map shall not be approved by a proper authority unless it meets the requirements of subsection d. of N.J.S.46:26A-5 and this section specified for the kind of map involved. The following kinds of maps shall meet the following requirements:
(1) Major subdivision plats shall meet all of the requirements of this section.
(2) Right of way parcel maps shall meet the requirements of [subsections b.] paragraphs (1), (2), (4), (5), (6), (7), (8), and (11) and subparagraphs (a), (b), and (d) of paragraph (13) of subsection b. of this section as they apply.
(3) Minor subdivision maps shall meet all of the requirements of this section except for the outside tract line monuments requirement of paragraph (8) of subsection b. [(8)] of this section.
(4) Condominium plans shall meet the requirements of [subsections b.] paragraphs (1), (4), (5), (6), (7) [and] , (8), (10), (11), and (12) and subparagraphs (a), (b), and (c) of paragraph (13) of subsection b. of this section as they apply.
b. [No] With the exception of the provisions provided in subsection d. of N.J.S.46:26A-5 and subsection d. of section 35 of P.L.1975, c.291 (C.40:55D-47), no map requiring approval by law or that is to be approved for filing with a county, shall be approved by the proper authority unless it conforms to the following requirements:
(1) A map shall show the scale, which shall be inches to feet 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.
(2) A map 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 shall 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, 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 right-of-way center line [or base line and ties to right of way lines if from a base line] , and if a base line is shown, ties from that base line to the right-of-way lines.
(3) Where lots are shown thereon, those in each block shall be numbered consecutively. Block and lot designations shall conform with the municipal tax map if municipal regulations so require. In counties which adopt the local or block system of indices pursuant to sections 46:24-1 to 46:24-22 of the Revised Statutes, the map shall show the block boundaries and designations established by the board of commissioners of land records for the territory shown on the map.
(4) 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, with reference to the coordinate system date, shall be shown on the plat.
(5) All municipal boundary lines crossing or adjacent to the territory shall be shown and designated.
(6) 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, including slope easements and drainage, shall be shown and dimensioned.
(7) All permanent easements, including sight right easements and utility easements, shall be shown and dimensioned.
(8) The map shall clearly show all monumentation required by this chapter, 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.
For all governmental 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).
All types of other boundary markers shall be those contained in the regulations promulgated by the State Board of Professional Engineers and Land Surveyors and approved by the proper authority.
(9) The map shall show as a chart on the plat any other technical design controls required by local ordinances, including, but not limited to, minimum street widths, minimum lot areas and minimum yard dimensions.
(10) The map shall show the name of the subdivision, the name of the [last] current property owners, the municipality and county.
(11) The map shall show the date of the survey and shall be in accordance with the minimum survey detail requirements of the State Board of Professional Engineers and Land Surveyors.
(12) A certificate of a land surveyor or surveyors, shall be endorsed on the map as follows:
I certify that to the best of my knowledge and belief this map and land survey dated ............................................ meet the minimum survey detail requirements of the State Board of Professional Engineers and Land Surveyors and the map has been made under my supervision, and complies with the ["map filing law"] applicable sections of N.J.S.46:26A-1 et seq. and N.J.S.46:26B-1 et seq. and that the outbound corner markers as shown have been found, or set as indicated hereon.
(Include the following, if applicable)
I further certify that the monuments as designated and shown have been set.
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(Printed name of Licensed Professional Land Surveyor) Licensed Professional Land Surveyor [and No.] , NJ License # |
Date |
(Affix Seal over signature)
(13) If the land surveyor who prepares the map is different from the land surveyor who prepared the outbound survey, the following two certificates shall be added in lieu of the certificate above.
(a) I 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 of 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 hereon.
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(Printed name of Licensed Professional Land Surveyor) Licensed Professional Land Surveyor [and No.] , NJ License # |
Date |
(Affix seal over signature)
(b) I certify that this map has been made under my supervision and complies with [the "map filing law."] applicable sections of N.J.S.46:26A-1 et seq. and N.J.S.46:26B-1 et seq.
(Including the following if applicable)
I further certify that the monuments as designated and shown hereon have been set.
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(Printed name of Licensed Professional Land Surveyor) Licensed Professional Land Surveyor [and No.] , NJ License # |
Date |
(Affix seal over signature)
(c) 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 the time limit provided 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 as designated and shown on this map and so designated.
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(Printed name of Municipal Clerk) Municipal Clerk |
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(d) 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.
(14) (a) A certificate of the municipal [engineer] land surveyor shall be endorsed on the map as follows:
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,"] applicable sections of N.J.S.46:26A-1 et seq. and N.J.S.46:26B-1 et seq., resolution of approval and any applicable municipal ordinances and requirements as they pertain to surveying matters.
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(Printed name of Licensed Professional Land Surveyor) Municipal [Engineer] Land Surveyor (Affix Seal over signature) Licensed Professional Land Surveyor, NJ License # |
Date |
(b) When proposed improvements are shown, the municipal engineer shall review all engineering aspects of the map and endorse thereon a certificate in the format of the municipal land surveyor.
(15) An affidavit setting forth the names and addresses of all the record title owners of the lands subdivided by the map and written consent to the approval of the map of all those owners shall be submitted to the proper authority with the map.
(16) If the map shows highways, streets, lanes or alleys, a certificate shall be endorsed on it by the municipal clerk that the municipal body has approved the highways, streets, 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.
(cf: N.J.S.46:26B-2)
12. N.J.S.46:26B-3 is amended to read as follows:
46:26B-3. Monumentation.
a. A map shall not be approved by a proper authority unless it meets the monumentation requirements of this section specified for the kind of map involved. The following kinds of maps shall meet the following requirements:
(1) Subdivision plats shall meet all of the requirements of this section.
(2) Right of way parcel maps shall meet the requirements of subsection b. (9) of this section.
b. 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 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 the monuments on 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 two 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,
(c) The point of tangency of the connecting curve,
(d) At the beginning and ending of all tangents on one side of any street, or
(e) 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 the map, or
(f) 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.
(6) 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.
(7) 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.
(8) 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,"] the applicable sections of N.J.S.46:26A-1 et seq. and N.J.S.46:26B-1 et seq., reasonable survey access to the monuments is granted, which shall not restrict in any way the use of the property by the landowner.
(9) 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.
(10) On minor subdivisions a monument shall be set at each intersection of an outside boundary of the newly created lot or lots with the right of way line of any side of an existing street.
(cf: N.J.S.46:26B-3)
13. N.J.S.46:26B-4 is amended to read as follows:
46:26B-4. Approval of maps.
a. The proper authority shall approve or disapprove a map or determine that the map is exempt from approval, within 45 days from its receipt of a completed application.
b. The approval of a map under this law by the proper authority shall not be construed as acceptance of any street or highway indicated on the map; nor shall approval obligate the State of New Jersey or any county or municipality, to maintain or exercise jurisdiction over those streets or highways.
(cf: N.J.S.46:26B-4)
14. N.J.S.46:26B-5 is amended to read as follows:
46:26B-5. Additional prerequisites to filing.
a. [The] With the exception of right-of-way parcel maps and other governmental mapping, the county recording officer shall not accept for filing any map[, with the exception of a right-of-way parcel map] unless it has endorsed on it 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:
[a.] (1) That the proper authority has approved the map or stating its exemption from approval;
[b.] (2) That the map complies with the provisions of this law; and
[c.] (3) The date by which the map is required to be filed by the applicable law.
b. One of the following endorsements shall be used and shall read as follows:
(1) 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 applicable sections of N.J.S.46:26A-1 et seq. and N.J.S.46:26B-1 et seq. 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.
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(Printed name of the municipal clerk or secretary of the planning board) Title, Municipal Clerk or Secretary of the Planning Board |
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(2) 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 applicable sections of N.J.S.46:26A-1 et seq. and N.J.S.46:26B-1 et seq. and has determined that this map is exempt from approval by this authority.
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(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 also be filed with the county recording officer when, along with the deed perfecting the subdivision, a signed and sealed copy of that approved minor subdivision map is accompanied with a certified resolution from the proper authority granting the subdivision approval.
(cf: N.J.S.46:26B-5)
15. (New section) Nothing in the provisions of N.J.S.46:26A-1 et seq. or N.J.S.46:26B-1 et seq. shall prevent an individual licensed as a professional engineer and as a professional land surveyor from being appointed by the proper authority to perform the tasks and responsibilities of both the municipal engineer and the municipal land surveyor.
16. (New section) For all mapping performed in accordance with the provisions of N.J.S.46:26B-1 et seq., a 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. As used in this section, "footprint" means the exterior surface or structural overhang of any proposed improvement to the land where such exterior surface or structural overhang comes or would come in contact with the surface of the ground.
17. This act shall take effect immediately.
STATEMENT
This bill provides 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, this bill amends the "Municipal Land Use Law," the "map filing law," and various provisions of law relating to title recordation and mapping contained in chapters 26A and 26B of Title 46 of the New Jersey Statutes in order to reflect these changes.
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. For subdivision plots and condominium plans the outbound corner markers shall be set pursuant to regulations promulgated by the State Board of Professional Engineers and Land Surveyors. The bill provides that all types of other boundary markers shall be in accordance with board regulations and approved by the proper authority.
The bill requires all monuments to include the identification of the professional surveyor or firm, rather than the identification of the professional land surveyor and firm.
