Bill Text: NJ S3019 | 2012-2013 | Regular Session | Introduced
Bill Title: Clarifies monumentation requirements for maps presented for municipal approval.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2013-11-07 - Introduced in the Senate, Referred to Senate Community and Urban Affairs Committee [S3019 Detail]
Download: New_Jersey-2012-S3019-Introduced.html
Sponsored by:
Senator DAWN MARIE ADDIEGO
District 8 (Atlantic, Burlington and Camden)
SYNOPSIS
Clarifies monumentation requirements for maps presented for municipal approval.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning certain requirements for maps presented for municipal approval and amending N.J.S.46:26B-3.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. N.J.S.46:26B-3 is amended to read as follows:
46:26B-3 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] Right-of-way parcel maps shall meet the requirements of paragraph (12) of subsection b. [(9)] of this section.
b. Monuments are required on one side of the [right of way] 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, or
(c) The point of tangency of the connecting curve[,] .
[(d)] (6) At the beginning and ending of all tangents on one side of any street [, or].
[(e)] (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 paragraph (2) of subsection [d.] b. of [this section] N.J.S.46:26B-2, shall be shown on the map [, or].
[(f)] (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.
[(6)] (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 the plate on the reference monument shall be stamped with the word "offset" and its relation to the monument shown on the filed map.
[(7)] (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.
[(8)] (11) By the filing of a map in accordance with the provisions of "the map filing law," P.L.1960, c.141 (C.46:23-9.9 et seq.), repealed by section 2 of P.L.2011, c.217, or chapter 26B of Title 46 of the Revised Statutes, reasonable survey access to the monuments is granted, which shall not restrict in any way the use of the property by the landowner.
[(9)] (12) On [right of way] right-of-way 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)] (13) 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] right-of-way line of any side of an existing street.
(cf: N.J.S.46:26B-3)
2. This act shall take effect immediately.
STATEMENT
This bill would amend N.J.S.A. 46:26B-3 to correct an error that was set forth in the New Jersey Law Revision Commission November 2003 Final Report relating to Title Recordation, and enacted into law as part of P.L.2011, c.217. According to the Final Report relating to Title Recordation, in proposing the language for N.J.S.A. 46:26B-3, the commission did not intend to change the substance of the source statute, N.J.S.A. 46:23-9.11, but intended only to slightly simplify the language and separate out N.J.S.A. 46:23-9.11 (r) as a new section.
The New Jersey Law Revision Commission has reviewed this discrepancy and determined that three subparagraphs, N.J.S.A. 46:26B-3 b. (5) (d), (e), and (f), should actually have been set out as paragraphs N.J.S.A. 46:26B-3 b. (6), (7) and (8). The bill makes those changes along with necessary technical corrections to the section, including renumbering of subsequent subsections and changing cross-references.
