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STUDY & RESOURCE
MANUAL
FOR THE
NEW STATE SPECIFIC LAND SURVEYORS
EXAMINATION
&
THE NEW JERSEY LAW EXAMINATION FOR LAND
SURVEYORS
PREPARED BY:
ROBERT ENT, JR
MAY 2006
INTRODUCTION:
This manual is created for individuals preparing for licensure as a professional land survey in the
State of New Jersey. This manual is a study guide and reference tool for the New Jersey State
Specific Professional Land Surveying Exam and the New Jersey Law Exam only. The purpose of
this manual is to help candidates successfully complete these examinations, by providing them
with study information and exam day reference materials.
At the time this manual was created, the New Jersey State Board of Professional Engineers and
Land Surveyors, the National Council of Examiners for Engineering and Surveying (NCEES) or
Engineering Examination Services (EES)1, do not provide or publish any study materials for the
New Jersey State Specific Exam. As a potential candidate, you are required to provide your own
study and reference materials
In addition to documents such as statutes and regulations, this manual will provide, exam format,
texts that are no longer in print, sample questions, and areas of knowledge to focus on.
Both of these exams require a passing grade to in order to become a licensed land surveyor in the
State of New Jersey. The actual grade or percentage of correctly answered questions is not
published, nor is there a statutory requirement, a minimum of 70% would most likely be required
to pass these examinations.
1EES is the company that administrates all of the exams for New Jersey State Board of Professional Engineers and Land Surveyors.
EXAM FORMATS:
New Jersey Law Exam:
This is an open book examination, containing 20 multiple-choice questions, each question has 4
answer choices. There are no computation problems within this examination. This examination
will be mailed to you by EES approximately 2 weeks prior to your exam date, you must
complete the answer sheet and return to EES before the assigned deadline date.
New Jersey State Specific Professional Land Surveying Exam:
This is a 2-hour, open book examination, containing 40 multiple-choice questions, each question
has 4 answer choices. There is no limit to the amount of material you can bring into the
examination room; all materials must be bound books or mechanically fasten together, no loose
papers or note pads are permitted. 3-ring binders and stapled papers are acceptable. Examinees
must bring their own reference materials to this examination, no reference material will be
provided by EES or the State. There are no computation problems within this examination.
EXAM TAKING STRATEGY:
New Law Exam:
The New Jersey Law examination is based exclusively on the current New Jersey Statutes, Rules
and Regulations as published by the New Jersey State Board of Professional Engineers and Land
Surveyors. This is the only document you will need to complete this exam. This examination is
not timed; therefore you can search the New Jersey Statutes, Rules and Regulations in a thorough
manner using the table of contents for the document. All questions are taken from this document
and all answers are contained within the Statutes and Regulations, each question has 4 answer
choices. In most cases, the exam questions and correct answers are word for word, as they appear
in the text of Jersey Statutes, Rules and Regulations. Answer all questions, do not leave any
question unanswered, even if you do not know the answer, guess, you have a 1 out 4 chance of
being correct, any questions left blank will be scored as wrong. All questions are of equal value;
each question is worth 1/20th of the total, regardless of length, difficulty or ease.
EXAM TAKING STRATEGY:
New Jersey State Specific Professional Land Surveying Exam:
This is a 2-hour, open book examination, containing 40 multiple-choice questions. You have an
average of 3 minutes per question; you may need less time for some questions and more time for
others.
One method is to go through all the exam questions from begin to end, answering all of the
questions that do not require you to refer to any reference materials, questions that can
confidently be answered from memory, then go back and answer the questions that require you
to refer to your reference materials. This method will maximize your time for looking up the
information needed to answer the remaining questions.
Use the process of elimination to narrow the choices and focus on the remaining answers, this
will increase your chances of choosing the correct answer and will save time.
Organize your reference materials and become familiar with the location of each subject, you do
not want to waste time trying to find information.
Answer all questions, do not leave any question unanswered, even if you do not know the
answer, guess, you have a 1 out 4 chance of being correct, any questions left blank will be scored
as wrong. All questions are of equal value; each question is worth 1/40th of the total, regardless
of length, difficulty or ease.
Be conscious of your time, the only time announcements during the exam are at 15 minutes, 5
minutes and 1 minute remaining.
SAMPLE QUESTIONS: NEW JERSEY STATE SPECIFIC PROFESSIONAL LAND SURVEYING EXAM:
The following list of sample questions are in a general form and are not intended to revel or reproduce the exact content of and one exam.
1. What is the remnant rule?
2. How is the remnant rule applied in New Jersey?
3. What lands are considered to be riparian in New Jersey?
4. What is the line of possession between the upland owner and the state in a man-made
lagoon?
5. Can riparian lands be created by man-made alteration?
6. Who has title to land created by the slow built up or accretion of land along riparian
lands?
7. What controls a riparian water boundary along a bulkhead? The physical remains of a
bulkhead, the grant from which the bulkhead was created or the current mean high water
elevation?
8. What is adverse possession of real property?
9. What are the statuary time periods for adverse possession of real property?
10. What shall a license land surveyor do prior to conducting a survey?
11. What is the procedure for a land surveyor to enter or to go over lands of others?
12. How often most a land surveyor calibrate his or her steel tape?
13. In the State of New Jersey, what agency is responsible for establishing calibration
baselines?
14. What are the marker requirements to delineate intermediate point along a property line?
15. Can a land surveyor show the general location of proposed improvements on a major
subdivision plan?
16. How is real property rights gained or lost by Estoppel?
17. Under the Map filing Law, when lots are shown, how should they be designated?
18. Can the identifying cap or disk of a property corner set, bear the name of the firm
responsible for setting the corner or is it required to bear the name and number of a license
surveyor.
AREAS OF KNOWLEDGE TO FOCUS ON:
Riparian Lands
Pier and Bulkhead Regulations and Grants
Man Made Lagoons
New Jersey Statutes (preparation of land surveys)
Excess and Deficiency
Remnants Principle
Adverse Possession
Prescriptive Rights
Corner Markers
New Jersey Map Filing Law
Senior and Junior Rights
Simultaneous and Sequential Convinces
Proportionate Measurements
EXAM DAY MATERIALS:
1. New Jersey State Board of Professional Engineers and Land Surveyors Statutes, Rules and Regulations (included in this manual)
2. Rule and Statutes of Relevance to New Jersey Professional Land Surveyors and Engineers. Prepared by the Garden State Land Surveyors Alliance, Inc. (included in this manual)
3. The New Jersey Riparian Rights Hand Book (included in this manual)
4. The Bulkhead Book (included in this manual)
5. The New Jersey Map Filing Law (included within items 1 & 2)
6. Title 12 Commerce and Navigation, Chapter 3 Riparian Lands, Article 1. Leases, Grants
and Conveyances. (Included in this manual)
7. Notes and Definitions (included in this manual)
8. Relevant New Jersey Case Law (included in this manual)
9. Text Books (not included in this manual) Black’s Law Dictionary Browns Boundary Control and Legal Principles 5th edition (Robillard, Wilson & Brown)
CONTRIBUTIONS AND ACKNOWLEDGEMENTS:
I would like to thank and recognize the following organizations and people who contributed to this manual:
Garden State Land Surveyors Alliance, Inc
New Jersey State Board of Professional Engineers and Land Surveyors
M. John Steenland, Jr. of the Steensland Center for Professional Development
Mike McGurl, NJPLS
Pam Mathews, NJPLS
Robert Ent, Sr., NJPLS
APPLICATION AND USE OF THIS MANUAL
The intension of this manual is to provide supplemental general information for individuals
preparing for licensure as a professional survey in the State of New Jersey. This manual is a
study guide and reference tool for the New Jersey State Specific Professional Land Surveying
Exam and the New Jersey Law Exam only.
This manual must be updated as additions and revisions to the current Statutes, Rules and
Regulations are adopted by the State of New Jersey and the New Jersey State Board of
Professional Engineers and Land Surveyors. It is the responsibility of the user to obtain these
updated documents as they become available.
This manual makes no representation of future examination questions, content or subject matter.
Known updates will be needed for the following, when published by State Board of Professional Engineers and
Land Surveyors: (At the time this manual was created the following rule changes where not yet included in the
published Statutes, Rules and Regulations.)
Included as an Appendix
New Jersey Register, Volume 38, Issue 4, Issue Date: February 21, 2006, Rule Adoptions, Law and Public Safety,
Division of Consumer Affairs, State Board of Professional Engineers and Land Surveyors
TABLE OF CONTENTS
Reference Section New Jersey State Board of Professional Engineers and Land Surveyors Statutes, Rules and Regulations ………………………….. 1 Rule and Statutes of Relevance to New Jersey Professional Land Surveyors and Engineers. Prepared by the Garden State Land Surveyors Alliance, Inc ………………………………………………..... 2 The New Jersey Riparian Rights Hand Book …………………………………. 3 The bulkhead Book ……………………………………………………………. 4 The New Jersey Map Filing Law (included within items 1 & 2) Title 12 Commerce and Navigation Chapter 3 Riparian Lands Article 1. Leases, Grants and Conveyances. ………………………………….. 5 Notes and Definitions ………………………………………………………… 6 Relevant New Jersey Case Law ………………………………………………. 7 Historical Perspective on the Road Return Atlases …………………………… 8 NJDEP Wetlands Title 13 …………………………………………………….. 9 Appendix - February 21, 2006, Rule Adoptions ……………………………… 10
Reference Section 1 New Jersey State Board of Professional Engineers
and Land Surveyors Statutes, Rules and Regulations
1
TABLE OF CONTENTS
NEW JERSEY STATUTES
GENERAL PROVISIONS
N.J.S.A. 45:1-1 to 45:1-27 ...................................................................... 3
BUILDING DESIGN SERVICES
N.J.S.A. 45:4B-1 to 45:4B-14 ............................................................... 20
ENGINEERS, PROFESSIONAL, AND LAND SURVEYORS
N.J.S.A. 45:8-1 to 45:8-60 .................................................................... 27
CONDOMINIUMS
N.J.S.A. 46:8B-8 to 46:8B-11 ............................................................... 47
MAP OF LANDS; APPROVAL AND FILING
N.J.S.A. 46:23-9.8 to 46:23-11 .............................................................. 49
NEW JERSEY ADMINISTRATIVE CODE
STATE BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS
N.J.A.C. 13:40 ....................................................................................... 57
Office of the Attorney GeneralDivision of Consumer Affairs
State Board of Professional Engineers and Land SurveyorsStatutes and Regulations
AS OF MAY 2005 INTERNET - 5/05
2
CONTENTS OF N.J.A.C. 13:40 BY SUBCHAPTER
(FOR CONTENTS BY SECTION, SEE ANALYSIS AT BEGINNING OF CHAPTER)
SUBCHAPTER 1. TITLE BLOCKS AND SEALS FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS................................. 57
SUBCHAPTER 2. APPLICATION REQUIREMENTS........................................................................................................... 59
SUBCHAPTER 3. MISCONDUCT................................................................................................................................ 68
SUBCHAPTER 4. GENERAL PROVISIONS..................................................................................................................... 69
SUBCHAPTER 5. LAND SURVEYORS, PREPARATION OF LAND SURVEYS .......................................................................... 71
SUBCHAPTER 6. FEES............................................................................................................................................. 74
SUBCHAPTER 7. PERMISSABLE DIVISION OF RESPONSIBILITY IN SUBMISSION OF SITE PLANS AND
MAJOR SUBDIVISION PLATS ..................................................................................................................................... 76
SUBCHAPTER 8. MAINTENANCE OF PROJECT RECORDS.............................................................................................. 77
SUBCHAPTER 9. RESPONSIBLE CHARGE OF ENGINEERING OR LAND SURVEYING WORK.................................................... 78
SUBCHAPTER 10. CONTRACT TO PROVIDE PROFESSIONAL SERVICES; CERTIFICATION OF AUTHORIZATION ......................... 78
SUBCHAPTER 11. LAND SURVEYORS; CONTINUING COMPETENCY................................................................................. 79
SUBCHAPTER 12. RETIRED LICENSE AND NO-FEE RETIRED LICENSE STATUS .................................................................. 84
UNIFORM REGULATIONS
N.J.A.C.13:45C ................................................................................................................................................. 87
CONTENTS OF N.J.A.C. 13:45C BY SUBCHAPTER
(FOR CONTENTS BY SECTION, SEE ANALYSIS AT BEGINNING OF CHAPTER)
SUBCHAPTER 1. LICENSEE DUTY TO COOPERATE AND TO COMPLY WITH BOARD ORDERS................................................. 87
ANNEX
CONTINUING EDUCATION APPROVAL FORM
COMPLAINT AND REVIEW PROCESS
APPLICATION FOR CERTIFICATE OF AUTHORIZATION
GUIDELINES ON TITLE BLOCKS
NCEES (LICENSURE BOARDS)
EDMI CALIBRATION BASELINE DATA FORM
3
PROFESSIONAL ENGINEERS
TITLE 45. PROFESSIONS AND OCCUPATIONS
SUBTITLE 1.PROFESSIONS AND OCCUPATIONS REGULATED BY STATE BOARDS OF REGIS-TRATION AND EXAMINATION
CHAPTER 1. GENERAL PROVISIONS
ARTICLE 1.GENERAL PROVISIONS RELATING TO ALL PROFESSIONS ANDOCCUPATIONS AFFECTED BY THIS SUBTITLE
45:1-1. Persons entitled to practice, etc. under former laws unaffected
Any person now entitled to practice any profession or to engage in any occupation, governed orregulated by the provisions of this title by virtue of any prior law, shall continue to be entitled topractice or engage in the same, notwithstanding the enactment of this title, and the validity of anylicense or other authorization to practice any such profession or to engage in any such occupation,heretofore issued to any person under any prior law, or of any proceeding pending to obtain such alicense or authorization shall not be affected by the enactment of this title but all such persons shall inall other respects be subject to the provisions of this title.
45:1-2. Repealed by L.1971, c. 60, §5, eff. March 25, 1971
ARTICLE 2.GENERAL PROVISIONS RELATING TO CERTAIN STATE BOARDS OFREGISTRATION AND EXAMINATION
45:1-2.1. Professional boards and commissions; application of act
The provisions of this act shall apply to the following boards and commissions: the New JerseyState Board of Accountancy, the New Jersey State Board of Architects, the New Jersey State Board ofCosmetology and Hairstyling, the Board of Examiners of Electrical Contractors, the New Jersey StateBoard of Dentistry, the State Board of Mortuary Science of New Jersey, the State Board of ProfessionalEngineers and Land Surveyors, the State Board of Marriage and Family Therapy Examiners, the StateBoard of Medical Examiners, the New Jersey Board of Nursing, the New Jersey State Board ofOptometrists, the State Board of Examiners of Ophthalmic Dispensers and Ophthalmic Technicians,the Board of Pharmacy, the State Board of Professional Planners, the State Board of PsychologicalExaminers, the State Board of Examiners of Master Plumbers, the New Jersey Real EstateCommission, the State Board of Shorthand Reporting, the State Board of Veterinary MedicalExaminers, the Radiologic Technology Board of Examiners, the Acupuncture Examining Board, theState Board of Chiropractic Examiners, the State Board of Respiratory Care, the State Real EstateAppraiser Board, the State Board of Social Work Examiners , the State Board of Public Movers andWarehousemen and the State Board of Physical Therapy Examiners.
45:1-2.2. Appointment of members by governor; public members; member from department inexecutive branch; quorum; vote necessary for action
a. All members of the several professional boards and commissions shall be appointed by theGovernor in the manner prescribed by law; except in appointing members other than those
4
appointed pursuant to subsection b. or subsection c., the Governor shall give due considerationto, but shall not be bound by, recommendations submitted by the appropriate professionalorganizations of this State.
b. In addition to the membership otherwise prescribed by law, the Governor shall appoint in thesame manner as presently prescribed by law for the appointment of members, two additionalmembers to represent the interests of the public, to be known as public members, to each of thefollowing boards and commissions: The New Jersey State Board of Accountancy, the NewJersey State Board of Architects, the New Jersey State Board of Cosmetology and Hairstyling,the New Jersey State Board of Dentistry, the State Board of Mortuary Science of New Jersey,the State Board of Professional Engineers and Land Surveyors, the State Board of MedicalExaminers, the New Jersey Board of Nursing, the New Jersey State Board of Optometrists, theState Board of Examiners of Ophthalmic Dispensers and Ophthalmic Technicians, the Board ofPharmacy, the State Board of Professional Planners, the State Board of Psychological Examin-ers, the New Jersey Real Estate Commission, the State Board of Shorthand Reporting, the StateBoard of Social Work Examiners, and the State Board of Veterinary Medical Examiners, andone additional public member to each of the following boards: the Board of Examiners ofElectrical Contractors, the State Board of Marriage and Family Therapy Examiners, the StateBoard of Examiners of Master Plumbers, and the State Real Estate Appraiser Board. Eachpublic member shall be appointed for the term prescribed for the other members of the board orcommission and until the appointment of his successor. Vacancies shall be filled for theunexpired term only. The Governor may remove any such public member after hearing, formisconduct, incompetency, neglect of duty or for any other sufficient cause.
No public member appointed pursuant to this section shall have any association or relationshipwith the profession or a member thereof regulated by the board of which he is a member, where suchassociation or relationship would prevent such public member from representing the interest of thepublic. Such a relationship includes a relationship with members of one’s immediate family; and suchassociation includes membership in the profession regulated by the board. To receive services renderedin a customary client relationship will not preclude a prospective public member from appointment.This paragraph shall not apply to individuals who are public members of boards on the effective date ofthis act.
It shall be the responsibility of the Attorney General to insure that no person with theaforementioned association or relationship or any other questionable or potential conflict of interestshall be appointed to serve as a public member of any board regulated by this section.
Where a board is required to examine the academic and professional credentials of an applicant forlicensure or to test such applicant orally, no public member appointed pursuant to this section shallparticipate in such examination process; provided, however, that public members shall be given noticeof and may be present at all such examination processes and deliberations concerning the results thereof,and, provided further, that public members may participate in the development and establishment ofthe procedures and criteria for such examination processes.
c. The Governor shall designate a department in the Executive Branch of the State Governmentwhich is closely related to the profession or occupation regulated by each of the boards orcommissions designated in section 1 of P.L.1971, c. 60 (C. 45:1-2.1) and shall appoint the headof such department, or the holder of a designated office or position in such department, to servewithout compensation at the pleasure of the Governor as a member of such board orcommission.
5
d. A majority of the voting members of such boards or commissions shall constitute a quorumthereof and no action of any such board or commission shall be taken except upon theaffirmative vote of a majority of the members of the entire board or commission.
45:1-2.3. Qualifications; rights and duties
Such additional members:
a. Need not meet the educational and professional requirements for membership on such boardsor commissions as provided in the several statutes establishing such boards and commissions;and
b. Shall be voting members subject to the same rights, obligations and duties as other members oftheir respective boards or commissions.
45:1-2.4. Effect of act on term of member in office
Nothing in this act shall affect the right of a board or commission member in office on the effectivedate of this act to continue to serve for the term for which he was appointed.
45:1-2.5. Compensation and reimbursement of expenses of members; executive secretaries;compensation and terms of employment; offices and meeting places
With respect to the boards or commissions designated in section 1 of P.L.1971, c. 60 (C.45:1-2.1),except as otherwise provided in subsection d. of this section, and notwithstanding the provisions of anyother law:
a. The officers and members shall be compensated on a per diem basis in the amount of $25.00 oran amount to be determined by the Attorney General, with the approval of the State Treasurer,but not to exceed $100.00 per diem or $2,500.00 annually, and shall be reimbursed for actualexpenses reasonably incurred in the performance of their official duties. Such moneys shall bepaid according to rules and regulations promulgated by the Attorney General.
b. The executive secretary shall receive such salary as shall be determined by the appointingauthority within the limits of available appropriations and shall serve at its pleasure. Any suchexecutive secretary who holds a certificate, license or registration issued by the board orcommission by which he is employed shall not during such employment be permitted to engagein any profession or occupation regulated by the board or commission.
c. The head of the department to which such board or commission is assigned shall maintainwithin any public building, whether owned or leased by the State, suitable quarters for theboard’s or commission’s office and meeting place, provided that no such office or meetingplace shall be within premises owned or occupied by an officer or member of such board orcommission.
d. The compensation schedule for members of boards and commissions provided in subsection a.of this section shall not apply to the members of the New Jersey Real Estate Commission, whoshall be compensated pursuant to R.S.45:15-6 or to members of the State Board of MedicalExaminers who shall receive compensation of $150 per diem.
6
45:1-2.6. Inapplicability of act to rights under civil service or any pension law or retirementsystem
Nothing in this act shall deprive any person of any tenure rights or of any right or protectionprovided him by Title 11 of the Revised Statutes, Civil Service,π or any pension law or retirementsystem.
1Now title 11A.
45:1-3. Expenses of boards paid from income; surplus paid to state treasurer; accounts
Each member of the boards mentioned in section 45:1-21 of this title shall be entitled to his actualtraveling and other expenses incurred in the performance of his duties, which sum shall be paid fromthe license fees and other sources of income of such boards. Such boards shall also be entitled toexpend from their income such sums as shall be necessary to defray all proper expenses incurred bythem in the performance of their duties, including the compensation of any of their officers or agentswhom they are authorized to compensate. Such boards, if authorized to collect an annual registration orlicense fee from persons licensed by them, may retain in their treasuries the fees so collected and usethe same for the purpose of defraying the expenses of securing evidence against and prosecutingpersons violating the provisions of the laws with the enforcement of which they are charged, or, in casethe revenue of the boards from other sources shall be insufficient to pay the salary of their secretariesand their other expenses, such fees may be expended for such purposes. Such boards shall be entitled toretain, in addition to the above, at least one hundred dollars in their treasuries for the purpose ofpreparing and holding their examinations. On or before October thirty-first in each year such boardsshall pay to the state treasurer all moneys remaining in their treasuries, except as above stated, whichsum, when so paid, shall form a part of the state fund. Such boards shall keep accurate accounts of theirreceipts and expenditures, which accounts shall be subject to audit by the state comptroller.
1Repealed; see, now, §§45:1-2.1, 45:1-2.2.
45:1-3.1. Application of act
The provisions of this act shall apply to the following boards and commissions: the New JerseyState Board of Accountancy, the New Jersey State Board of Architects, the New Jersey State Board ofCosmetology and Hairstyling, the Board of Examiners of Electrical Contractors, the New Jersey StateBoard of Dentistry, the State Board of Mortuary Science of New Jersey, the State Board of ProfessionalEngineers and Land Surveyors, the State Board of Marriage and Family Therapy Examiners, the StateBoard of Medical Examiners, the New Jersey Board of Nursing, the New Jersey State Board ofOptometrists, the State Board of Examiners of Ophthalmic Dispensers and Ophthalmic Technicians,the Board of Pharmacy, the State Board of Professional Planners, the State Board of PsychologicalExaminers, the State Board of Examiners of Master Plumbers, the State Board of Shorthand Reporting,the State Board of Veterinary Medical Examiners, the Radiologic Technology Board of Examiners, theAcupuncture Examining Board, the State Board of Chiropractic Examiners, the State Board ofRespiratory Care, the State Real Estate Appraiser Board , the New Jersey Cemetery Board, the StateBoard of Social Work Examiners and the State Board of Physical Therapy Examiners.
45:1-3.2. Charges for examinations, licensures and other services; establishment or change byrule; standards
Notwithstanding the provisions of Title 45 of the Revised Statutes or any other law to the contrary,any board or commission named in section 1 of this supplementary act1 may by rule establish, prescribeor change the charges for examinations, licensures and other services it performs, which rule shall first
7
be approved by the head of the department to which such board or commission is assigned and shall beadopted in accordance with the provisions of the “”Administrative Procedure Act,’’ P.L.1968, c. 410(C. 52:14B-1).
Any board’s or commission’s charges established, prescribed or changed pursuant to this sectionshall be established, prescribed or changed to such extent as shall be necessary to defray all properexpenses incurred by the board or commission in the performance of its duties but such charges shallnot be fixed at a level that will raise amounts in excess of the amount estimated to be so required.
1N.J.S.A. § 45:1-3.1.
45:1-3.3. Administrative fees charged by boards; modification
The Director of the Division of Consumer Affairs may by rule establish, prescribe, or modifyadministrative fees charged by boards in accordance with the “”Administrative Procedure Act,’’ P.L.1968,c. 410 (C.52:14BÑ1 et seq.). For purposes of this section, “”administrative fees’’ are charges assessedto licensees, registrants or holders of certificates, as the case may be, for board functions that are notunique to a particular board but are uniform throughout all boards. Administrative fees include, but arenot limited to, fees for a duplicate or replacement license, certification or registration, late renewal fee,license reinstatement fee, and the fee for processing change of address.
45:1-4. Salary of secretary
The secretary of each of the boards mentioned in section 45:1-21of this title, whether or not amember thereof, shall be entitled to receive such reasonable salary or compensation for his services assecretary as shall be fixed by such boards, which shall be paid by the boards from their receipts, unlessan appropriation is made for the expenses of such boards, in which case the same shall be paid fromsuch appropriation.
1Repealed. See, now, §§ 45:1-2.1, 45:1-2.2.
45:1-5, 45:1-6. Repealed by L.1979, c. 432, § 4, eff. Feb. 14, 1980
45:1-7. Professional or occupational licenses or certificates of registration; duration; expiration;exceptions; fees
Notwithstanding any of the provisions of Title 45 of the Revised Statutes or of any other law to thecontrary, all professional or occupational licenses or certificates of registration, except such licenses orcertificates issued to real estate brokers or salesmen pursuant to chapter 15 of Title 45, which prior tothe effective date of this act were issued for periods not exceeding one year and were annually renew-able, shall, on and after the effective date of this act, be issued for periods of two years and be bienni-ally renewable, except that licenses and business permits issued to electrical contractors and certifi-cates of registration issued to qualified journeymen electricians pursuant to chapter 5A of Title 45 shallbe issued for periods of three years and be triennially renewable; provided, however, the boards orcommissions in charge of the issuance or renewal of such licenses or certificates may, in order tostagger the expiration dates thereof, provide that those first issued or renewed after the effective date ofthis act, shall expire and become void on a date fixed by the respective boards or commissions, notsooner than six months nor later than 29 months, after the date of issue.
The fees for the respective licenses and certificates of registration issued pursuant to this act forperiods of less or greater than one year shall be in amounts proportionately less or greater than the feesestablished by law.
8
45:1-7.1. Application to holders of professional or occupational licenses
a. Notwithstanding any other act or regulation to the contrary, the provisions of this section andsections 6 and 7 of P.L.1999, c. 403 (C.45:1-7.2 et al.) shall apply to every holder of aprofessional or occupational license or certificate of registration or certification issued orrenewed by a board specified in section 2 of P.L. 1978, c. 73 (C.45:1-15), who seeks renewal ofthat license or certificate.
b. Every holder of a professional or occupational license or certificate of registration orcertification, issued or renewed by a board specified in section 2 of P.L.1978, c. 73 (C.45:1-15),who seeks renewal shall submit a renewal application and pay a renewal fee prior to the date ofexpiration of the license or certificate of registration or certification. If the holder does notrenew the license or certificate prior to its expiration date, the holder may renew it within 30days of its expiration date by submitting a renewal application and paying a renewal fee and alate fee. Any professional or occupational license or certificate of registration or certificationnot renewed within 30 days of its expiration date shall be suspended without a hearing.
c. Any individual who continues to practice with an expired license or certificate of registration orcertification after 30 days following its expiration date shall be deemed to be engaged inunlicensed practice of the regulated profession or occupation, even if no notice of suspensionhas been provided to the individual.
d. A professional or occupational license or certificate of registration or certification suspendedpursuant to this section may be reinstated within five years following its date of expiration uponsubmission of a renewal application and payment of an additional reinstatement fee. Anapplicant seeking reinstatement of a license or certificate suspended pursuant to this sectionmore than five years past its expiration date shall successfully complete the examinationrequired for initial licensure, registration or certification and submit a renewal application andpayment of an additional reinstatement fee.
e. A board specified in section 2 of P.L. 1978, c. 73 (C. 45:1-15) shall send a notice of renewal toeach of its holders of a professional or occupational license or certificate of registration orcertification, as applicable, at least 60 days prior to the expiration of the license or certificate. Ifthe notice to renew is not sent at least 60 days prior to the expiration date, no monetary penaltiesor fines shall apply to the holder for failure to renew.
45:1-7.2. Reinstatement
A board may reinstate the professional or occupational license or certificate of registration orcertification of an applicant whose license or certificate has been suspended pursuant to section 5 ofP.L.1999, c. 403 (C.45:1-7.1), provided that the applicant otherwise qualifies for licensure, registrationor certification and submits the following upon application for reinstatement:
a. Payment of all past delinquent renewal fees;
b. Payment of a reinstatement fee;
c. An affidavit of employment listing each job held during the period of suspended license,registration or certification which includes the names, addresses, and telephone numbers ofeach employer; and
9
d. If applicable, satisfactory proof that the applicant has maintained proficiency by completing thecontinuing education hours or credits required for the renewal of an active license or certificateof registration or certification.
45:1-7.3. Renewal applications
a. Renewal applications for all professional or occupational licenses or certificates of registrationor certification shall provide the applicant with the option of either active or inactive renewal. Arenewal applicant electing to renew as inactive shall not engage in professional or occupationalpractice within the State.
b. An applicant who selects the inactive renewal option shall remain on inactive status for theentire renewal period unless, upon application to the board, the board permits the inactiveapplicant to return to active status provided such applicant presents satisfactory proof that hehas maintained proficiency by completing the continuing education hours or credits requiredfor the renewal of an active license, registration or certification, if applicable. The continuingeducation hours or credits shall be completed by the applicant within three years prior to thedate of application for the return to active status, unless otherwise provided by board rule.
45:1-8. Contractors; application of § 45:1-9
The provisions of this act apply to the following classes of contractors:
a. Tree experts, certified pursuant to P.L.1940, c. 100 (C. 13:1-28 et seq.1);
b. Home repair contractors, licensed pursuant to P.L.1960, c. 41 (C. 17:16C-62 et seq.);
c. Electrical contractors, licensed pursuant to P.L.1962, c. 162 (C. 45:5A-1 et seq.);
d. Master plumbers, licensed pursuant to P.L.1968, c. 362 (C. 45:14C-1 et seq.);
e. Well drillers, licensed pursuant to P.L.1947, c. 377 (C. 58:4A-5 et seq.); and
f. Any class of contractors who hereafter are licensed by the State.
1Renumbered C. 45:15C-1 to 45:15C-10.
45:1-9. Indication of license or certificate number on contracts, bids and advertisements
Any contractor licensed by the State shall indicate his license or certificate number on all contracts,subcontracts, bids and all forms of advertising as a contractor.
45:1-10. Disclosure of laboratory payments on bills to patients and third party payors
It shall be unlawful for any person licensed in the State of New Jersey to practice medicine orsurgery, dentistry, osteopathy, podiatry or chiropractic to agree with any clinical, bio-analytical or hos-pital laboratory, wheresoever located, to make payments to such laboratory for individual tests, combi-nation of tests, or test series for patients unless such person discloses on the bills to patients and thirdparty payors the name and address of such laboratory and the net amount or amounts paid or to be paidto such laboratory for individual tests, combination of tests or test series.
45:1-10.1. Claims for third party payment; licensed health care professional ;responsibility forfiling
Effective 12 months after the adoption of regulations establishing standard health care enrollmentand claim forms by the Commissioner of Banking and Insurance pursuant to section 1 of P.L.1999, c.
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154 (C.17B:30-23), a health care professional licensed pursuant to Title 45 of the Revised Statutes isresponsible for filing all claims for third party payment, including claims filed on behalf of the licensedprofessional’s patient for any health care service provided by the licensed professional that is eligiblefor third party payment, except that at the patient’s option, the patient may file the claim for third partypayment.
a. In the case of a claim filed on behalf of the professional’s patient, the professional shall file theclaim within 60 days of the last date of service for a course of treatment, on the standard claimform adopted by the Commissioner of Banking and Insurance pursuant to section 1 of P.L.1999,c. 154 (C.17B:30-23).
b. In the case of a claim in which the patient has assigned his benefits to the professional, theprofessional shall file the claim within 180 days of the last date of service for a course oftreatment, on the standard claim form adopted by the Commissioner of Banking and Insurancepursuant to section 1 of P.L.1999, c. 154 (C.17B:30-23). If the professional does not file theclaim within 180 days of the last date of service for a course of treatment, the third party payershall reserve the right to deny payment of the claim, in accordance with regulations establishedby the Commissioner of Banking and Insurance, and the professional shall be prohibited fromseeking any payment directly from the patient.
(1) In establishing the standards for denial of payment, the Commissioner of Banking andInsurance shall consider the good faith use of information provided by the patient to theprofessional with respect to the identity of the patient’s third party payer, delays in filinga claim related to coordination of benefits between third party payers and any otherfactors the commissioner deems appropriate, and, accordingly, shall define specificinstances where the sanctions permitted pursuant to this subsection shall not apply.
(2) A professional who fails to file a claim within 180 days and whose claim for payment hasbeen denied by the third party payer in accordance with this subsection may, in thediscretion of a judge of the Superior Court, be permitted to refile the claim if the thirdparty payer has not been substantially prejudiced thereby. Application to the court forpermission to refile a claim shall be made within 14 days of notification of denial ofpayment and shall be made upon motion based upon affidavits showing sufficient reasonsfor the failure to file the claim with the third party payer within 180 days.
c. The provisions of this section shall not apply to any claims filed pursuant to P.L.1972, c. 70(C.39:6A-1 et seq.).
d. A health care professional who violates the provisions of subsection a. of this section may besubject to a civil penalty of $250 for each violation plus $50 for each day after the 60th day thatthe provider fails to submit a claim. The penalty shall be sued for and collected by theDivision of Consumer Affairs in the Department of Law and Public Safety pursuant to “”thepenalty enforcement law,’’ N.J.S.2A:58-1 et seq.
45:1-11. Violations; penalty
Any person violating this act shall be guilty of a misdemeanor.
45:1-12. Podiatrist, optometrist or psychologist or professional service corporation; charge forcompletion of claim form for health insurance; fine; collection and enforcement
No podiatrist, optometrist or psychologist and no professional service corporation engaging in the
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practice of podiatry, optometry or psychology in this State shall charge a patient an extra fee forservices rendered in completing a medical claim form in connection with a health insurance policy.Any person violating this act shall be subject to a fine of $100.00 for each offense.
Such penalty shall be collected and enforced by summary proceedings pursuant to the PenaltyEnforcement Law (N.J.S. 2A:58-1 et seq.). The Superior Court and municipal court shall have jurisdic-tion within its territory of such proceedings. ÇProcess shall be either in the nature of a summons orwarrant and shall issue in the name of the State, upon the complaint of the State Board of MedicalExaminers with respect to podiatrists, the New Jersey State Board of Optometry for optometrists or theState Board of Psychological Examiners for psychologists.
45:1-13. Repealed by L.1999, c. 403, § 12, eff. Jan. 18, 2000
45:1-14. Legislative findings and declarations; liberal construction of act
The Legislature finds and declares that effective implementation of consumer protection laws andthe administration of laws pertaining to the professional and occupational boards located within theDivision of Consumer Affairs require uniform investigative and enforcement powers and proceduresand uniform standards for license revocation, suspension and other disciplinary proceedings by suchboards. This act is deemed remedial, and the provisions hereof should be afforded a liberalconstruction.
45:1-15. Boards and professions or occupations regulated by or through such boards;application of act
The provisions of this act shall apply to the following boards and all professions or occupationsregulated by, through or with the advice of those boards: the New Jersey State Board of Accountancy,the New Jersey State Board of Architects, the New Jersey State Board of Cosmetology and Hairstyling,the Board of Examiners of Electrical Contractors, the New Jersey State Board of Dentistry, the StateBoard of Mortuary Science of New Jersey, the State Board of Professional Engineers and LandSurveyors, the State Board of Marriage and Family Therapy Examiners, the State Board of MedicalExaminers, the New Jersey Board of Nursing, the New Jersey State Board of Optometrists, the StateBoard of Examiners of Ophthalmic Dispensers and Ophthalmic Technicians, the Board of Pharmacy,the State Board of Professional Planners, the State Board of Psychological Examiners, the State Boardof Examiners of Master Plumbers, the State Board of Shorthand Reporting, the State Board ofVeterinary Medical Examiners, the Acupuncture Examining Board, the State Board of ChiropracticExaminers, the State Board of Respiratory Care, the State Real Estate Appraiser Board, the State Boardof Social Work Examiners, the State Board of Physical Therapy Examiners, the Professional CounselorExaminers Committee, the New Jersey Cemetery Board, the Orthotics and Prosthetics Board ofExaminers, the Occupational Therapy Advisory Council, the Electrologists Advisory Committee, theAlcohol and Drug Counselor Committee, the Fire Alarm, Burglar Alarm, and Locksmith AdvisoryCommittee, the Home Inspection Advisory Committee, the Massage, Bodywork and Somatic TherapyExamining Committee, and the Audiology and Speech-Language Pathology Advisory Committee.
45:1-15.1. Rules and regulations
Consistent with their enabling acts, P.L.1978, c. 73 (C.45:1-14 et seq.) and the “”AdministrativeProcedure Act,’’ P.L.1968, c . 410 (C.52:14B-1 et seq.), the boards and others set forth in section 2 of P.L.1978, c. 73 (C.45:1-15) are authorized to adopt rules and regulations to serve the public health,safety and welfare.
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45:1-16. Definitions
As used within this act the following words or terms shall have the indicated definition unless thecontext clearly indicates otherwise.
“Board’’ means any professional or occupational licensing board designated in section 2 of thisact.1
“Director’’ means the Director of the Division of Consumer Affairs in the Department of Law andPublic Safety.
“Person’’ means any natural person or his legal representative, partnership, corporation, company,trust, business entity or association, and any agent, employee, salesman, partner, officer, director, member,stockholder, associate, trustee or cestuis que trust thereof.
1N.J.S.A. § 45:1-15.
45:1-17. Powers of Attorney General to implement act and administer law enforcement activitiesof boards
In implementing the provisions of this act and administering the law enforcement activities ofthose professional and occupational boards located within the Division of Consumer Affairs, theAttorney General may:
a. After advice to the board or boards in question of his intent to proceed under this section, andthe specific action he intends to take, and the failure of such board or boards to take steps inaccordance with the advice of the Attorney General within 30 days of receipt of such advice,promulgate rules and regulations consistent with the provisions of this act and the Administra-tive Procedure Act, P.L.1968, c. 410 (C. 52:14B-1 et seq.) governing the procedure for admin-istrative hearings before all boards within the Division of Consumer Affairs. Such rules andregulations shall govern administrative complaints, answers thereto, issuance of subpenas, ap-pointment of hearing examiners, adjournments, submission of proposed findings of fact andconclusions of law, the filing of briefs, and such other procedural aspects of administrativehearings before the boards as the Attorney General may deem necessary; provided, however,nothing herein authorized shall be construed to require the Attorney General to promulgaterules regarding prehearing investigative procedures.
b. After advice to the board or boards in question of his intent to proceed under this section, andthe specific action he intends to take, and the failure of such board or boards to take steps inaccordance with the advice of the Attorney General within 30 days of receipt of such advice,promulgate substantive rules and regulations consistent with the provisions of any statute gov-erning the activities of any licensing agency, board or committee located within the Division ofConsumer Affairs, which shall be limited to disciplinary matters and arbitrary restrictions oninitial licensure. In addition to promulgating such rules and regulations, the Attorney Generalmay direct that any proposed or existing regulation be amended, abandoned or repealed. Priorto the final adoption of any regulation affecting the activities of any professional or occupa-tional licensing agency, board or committee located within the division and prior to theissuance of any directive to amend, abandon or repeal any regulation, the Attorney General orhis designee shall first consult with the agency, board or committee whose activities areaffected regarding the proposed action.
c. After a full consideration of all relevant facts and the applicable law, may direct the initiation ofany appropriate enforcement action by a professional or occupational licensing board or set
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aside, modify or amend, as may be necessary, any action or decision of a licensing agency,board or committee located within the Division of Consumer Affairs; provided, however, nosuch action shall be directed by the Attorney General in reviewing the action or decision of anagency, board or committee unless such action or decision is contrary to applicable law.
45:1-18. Investigative powers of boards, director or attorney general
Whenever it shall appear to any board, the director or the Attorney General that a person hasengaged in, or is engaging in any act or practice declared unlawful by a statute or regulationadministered by such board, or when the board, the director or the Attorney General shall deem it to bein the public interest to inquire whether any such violation may exist, the board or the director throughthe Attorney General, or the Attorney General acting independently, may exercise any of the followinginvestigative powers:
a. Require any person to file on such form as may be prescribed, a statement or report in writingunder oath, or otherwise, as to the facts and circumstances concerning the rendition of anyservice or conduct of any sale incidental to the discharge of any act or practice subject to an actor regulation administered by the board;
b. Examine under oath any person in connection with any act or practice subject to an act orregulation administered by the board;
c. Inspect any premises from which a practice or activity subject to an act or regulationadministered by the board is conducted;
d. Examine any goods, ware or item used in the rendition of a practice or activity subject to an actor regulation administered by the board;
e. Examine any record, book, document, account or paper prepared or maintained by or for anyprofessional or occupational licensee in the regular course of practicing such profession orengaging in such occupation or any individual engaging in practices subject to an act orregulation administered by the board. Nothing in this subsection shall require the notificationor consent of the person to whom the record, book, account or paper pertains, unless otherwiserequired by law;
f. For the purpose of preserving evidence of an unlawful act or practice, pursuant to an order ofthe Superior Court, impound any record, book, document, account, paper, goods, ware, or itemused, prepared or maintained by or for any board licensee in the regular course of practicingsuch profession or engaging in such occupation or any individual engaging in a practice oractivity subject to an act or regulation administered by the board. In such cases as may benecessary, the Superior Court may, on application of the Attorney General, issue an ordersealing items or material subject to this subsection; and
g. Require any board licensee, permit holder or registered or certified person to submit to anassessment of skills to determine whether the board licensee, permit holder or registered orcertified person can continue to practice with reasonable skill and safety.
In order to accomplish the objectives of this act or any act or regulation administered by a board,the Attorney General may hold such investigative hearings as may be necessary and the board, directoror Attorney General may issue subpoenas to compel the attendance of any person or the production ofbooks, records or papers at any such hearing or inquiry.
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45:1-19. Failure or refusal to file statement or report, refusal of access to premises or failure toobey subpena; penalty
If any person shall fail or refuse to file any statement or report or refuse access to premises fromwhich a licensed profession or occupation is conducted in any lawfully conducted investigative matteror fail to obey a subpena issued pursuant to this act, the Attorney General may apply to the SuperiorCourt and obtain an order:
a. Adjudging such person in contempt of court; or
b. Granting such other relief as may be required; or
c. Suspending the license of any such person unless and until compliance with the subpena orinvestigative demand is effected.
45:1-20. Compelling testimony or production of book, paper or document; immunity fromprosecution
If any person shall refuse to testify or produce any book, paper, or other document in anyproceeding under this act for the reason that the testimony or evidence, documentary or otherwise,required of him may tend to incriminate him, convict him of a crime, or subject him to a penalty orforfeiture, and shall, notwithstanding, be directed to testify or to produce such book, paper, ordocument by the Attorney General, he shall comply with such direction.
A person who is entitled by law to, and does assert such privilege, and who complies with suchdirection of the Attorney General shall not thereafter be prosecuted or subjected to any penalty orforfeiture in any criminal proceeding which arises out of and relates to the subject matter of theproceeding. No person so testifying shall be exempt from prosecution or punishment for perjury orfalse swearing committed by him in giving such testimony or from any civil or administrative actionarising from such testimony.
45:1-21. Grounds for refusal to admit to examination or denial, suspension or revocation of anycertificate, registration or license; definitions
A board may refuse to admit a person to an examination or may refuse to issue or may suspend orrevoke any certificate, registration or license issued by the board upon proof that the applicant orholder of such certificate, registration or license:
a. Has obtained a certificate, registration, license or authorization to sit for an examination, as thecase may be, through fraud, deception, or misrepresentation;
b. Has engaged in the use or employment of dishonesty, fraud, deception, misrepresentation, falsepromise or false pretense;
c. Has engaged in gross negligence, gross malpractice or gross incompetence which damaged orendangered the life, health, welfare, safety or property of any person;
d. Has engaged in repeated acts of negligence, malpractice or incompetence;
e. Has engaged in professional or occupational misconduct as may be determined by the board;
f. Has been convicted of, or engaged in acts constituting, any crime or offense involving moralturpitude or relating adversely to the activity regulated by the board. For the purpose of thissubsection a judgment of conviction or a plea of guilty, non vult, nolo contendere or any othersuch disposition of alleged criminal activity shall be deemed a conviction;
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g. Has had his authority to engage in the activity regulated by the board revoked or suspended byany other state, agency or authority for reasons consistent with this section;
h. Has violated or failed to comply with the provisions of any act or regulation administered bythe board;
i. Is incapable, for medical or any other good cause, of discharging the functions of a licensee ina manner consistent with the public’s health, safety and welfare;
j. Has repeatedly failed to submit completed applications, or parts of, or documentationsubmitted in conjunction with, such applications, required to be filed with the Department ofEnvironmental Protection;
k. Has violated any provision of P.L.1983, c. 320 (C.17:33A-1 et seq.) or any insurance fraudprevention law or act of another jurisdiction or has been adjudicated, in civil or administrativeproceedings, of a violation of P.L.1983, c. 320 (C.17:33A-1 et seq.) or has been subject to afinal order, entered in civil or administrative proceedings, that imposed civil penalties underthat act against the applicant or holder;
l. Is presently engaged in drug or alcohol use that is likely to impair the ability to practice theprofession or occupation with reasonable skill and safety. ÇFor purposes of this subsection, theterm “”presently’’ means at this time or any time within the previous 365 days;
m. Has prescribed or dispensed controlled dangerous substances indiscriminately or without goodcause, or where the applicant or holder knew or should have known that the substances were tobe used for unauthorized consumption or distribution;
n. Has permitted an unlicensed person or entity to perform an act for which a license or certificateof registration or certification is required by the board, or aided and abetted an unlicensedperson or entity in performing such an act;
o. Advertised fraudulently in any manner.
The division is authorized, for purposes of facilitating determinations concerning licensureeligibility, to require the fingerprinting of each applicant in accordance with applicable State andfederal laws, rules and regulations. Each applicant shall submit the applicant’s name, address, andwritten consent to the director for a criminal history record background check to be performed. Thedivision is authorized to receive criminal history record information from the State Bureau ofIdentification in the Division of State Police and the Federal Bureau of Investigation. Upon receipt ofsuch notification, the division shall forward the information to the appropriate board which shall makea determination regarding the issuance of licensure. The applicant shall bear the cost for the criminalhistory record background check, including all costs of administering and processing the check, unlessotherwise provided for by an individual enabling act. The Division of State
Police shall promptly notify the division in the event an applicant or licensee, who was the subjectof a criminal history record background check pursuant to this section, is convicted of a crime oroffense in this State after the date the background check was performed.
For purposes of this act:
“Completed application’’ means the submission of all of the information designated on the check-list, adopted pursuant to section 1 of P.L.1991, c. 421 (C.13:1D-101), for the class or category of permitfor which application is made.
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“Permit’’ has the same meaning as defined in section 1 of P.L.1991, c. 421 (C.13:1D-101).
45:1-21.1. Annual summary of compliance information and attendance at continuing educationseminars; costs; information deemed public records
a. A board obtaining information from the Department of Environmental Protection pursuant tosection 1 of P.L.1991, c. 418 (C. 13:1D-110) on the compliance of a member of a regulatedprofession with the requirements for completed applications of the department, shall annuallydevelop a detailed written summary of the information gathered by the department pursuant toP.L.1991, c. 418 (C. 13:1D-110) regarding compliance with the department’s requirements forcompleted applications and attendance records for continuing education seminars required tobe filed with the department pursuant to section 2 of P.L.1991, c. 419 (C. 13:1D-117).
b. Any reasonable costs incurred in preparation of the report required pursuant to this section maybe included in the charges authorized pursuant to P.L.1974, c. 46 (C. 45:1-3.2).
c. Information required to be compiled by a board pursuant to this section, shall be deemed to bepublic records subject to the requirements of P.L.1963, c. 73 (C. 47:1A-1 et seq.).
45:1-21.2. Suspension of certain licenses; hearing
The director or a board shall suspend, as appropriate, after a hearing, the license, registration orcertification of any person who has been certified by a lender or guarantor and reported to the directoror the board, as the case may be, for nonpayment or default of a State or federal direct or guaranteededucational loan. The license, registration or certification shall not be reissued until the personprovides the director or board with a written release issued by the lender or guarantor stating that theperson has cured the default or is making payments on the loan in accordance with a repaymentagreement approved by the lender or guarantor. If the person has continued to meet all otherrequirements for licensure, registration or certification during the suspension, reinstatement shall beautomatic upon receipt of the notice and payment of any reinstatement fee the director or the boardmay impose.
45:1-21.3. Licensed health care professionals; penalties for violation of § 30:6D-5.3
A health care professional licensed or otherwise authorized to practice as a health care professionalpursuant to Title 45 of the Revised Statutes who violates the provisions of section 3 of P.L.2003, c. 191(C.30: 6D-5.3) shall, in addition to being liable to a civil penalty pursuant to section 4 of P.L.2003, c.191 (C.30:6D-5.4), be subject to revocation of that individual’s professional license or otherauthorization to practice as a health caren professional by the appropriate licensing board in theDivision of Consumer Affairs in the Department of Law and Public Safety, after appropriate notice andopportunity for a hearing.
45:1-22. Additional or alternative penalties to revocation, suspension or refusal to renew;temporary order suspending or limiting license; subpena
In addition or as an alternative, as the case may be, to revoking, suspending or refusing to renewany license, registration or certificate issued by it, a board may, after affording an opportunity to beheard:
a. Issue a letter of warning, reprimand, or censure with regard to any act, conduct or practicewhich in the judgment of the board upon consideration of all relevant facts and circumstancesdoes not warrant the initiation of formal action;
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b. Assess civil penalties in accordance with this act;
c. Order that any person violating any provision of an act or regulation administered by suchboard to cease and desist from future violations thereof or to take such affirmative correctiveaction as may be necessary with regard to any act or practice found unlawful by the board;
d. Order any person found to have violated any provision of an act or regulation administered bysuch board to restore to any person aggrieved by an unlawful act or practice, any moneys orproperty, real or personal, acquired by means of such act or practice; provided, however, noboard shall order restoration in a dollar amount greater than those moneys received by a lic-ensee or his agent or any other person violating the act or regulation administered by the board;
e. Order any person, as a condition for continued, reinstated or renewed licensure, to secure medi-cal or such other professional treatment as may be necessary to properly discharge licenseefunctions;
f. Order any person, as a condition for continued, reinstated or renewed licensure, to submit toany medical or diagnostic testing and monitoring or psychological evaluation which may berequired to evaluate whether continued practice may jeopardize the safety and welfare of thepublic;
g. Order any person, as a condition for continued, reinstated or renewed licensure, to submit to anassessment of skills to determine whether the licensee can continue to practice with reasonableskill and safety, and to take and successfully complete educational training determined by theboard to be necessary;
h. Order any person, as a condition for continued, reinstated or renewed licensure, to submit to anassessment of skills to determine whether the licensee can continue to practice with reasonableskill and safety, and to submit to any supervision, monitoring or limitation on practice deter-mined by the board to be necessary.
A board may, upon a duly verified application of the Attorney General that either provides proof ofa conviction of a court of competent jurisdiction for a crime or offense involving moral turpitude orrelating adversely to the regulated profession or occupation, or alleges an act or practice violating anyprovision of an act or regulation administered by such board, enter a temporary order suspending orlimiting any license issued by the board pending plenary hearing on an administrative complaint;provided, however, no such temporary order shall be entered unless the application made to the boardpalpably demonstrates a clear and imminent danger to the public health, safety and welfare and noticeof such application is given to the licensee affected by such order. If, upon review of the AttorneyGeneral’s application, the board determines that, although no palpable demonstration of a clear andimminent danger has been made, the licensee’s continued unrestricted practice pending plenary hear-ing may pose a risk to the public health, safety and welfare, the board may order the licensee to submitto medical or diagnostic testing and monitoring, or psychological evaluation, or an assessment of skillsto determine whether the licensee can continue to practice with reasonable skill and safety.
In any administrative proceeding commenced on a complaint alleging a violation of an act or regu-lation administered by a board, such board may issue subpoenas to compel the attendance of witnessesor the production of books, records, or documents at the hearing on the complaint.
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45:1-23. Summary proceeding in Superior Court; injunction; orders necessary to preventunlawful practice or remedy past unlawful activity
Whenever it shall appear to a board, the director or the Attorney General that a violation of any act,including the unlicensed practice of the regulated profession or occupation, or regulation administeredby such board has occurred, is occurring, or will occur, the Attorney General, in addition to any otherproceeding authorized by law, may seek and obtain in a summary proceeding in the Superior Court aninjunction prohibiting such act or practice. In any such proceeding the court may assess a civil penaltyin accordance with the provisions of this act, order restoration to any person in interest of any moneysor property, real or personal, acquired by means of an unlawful act or practice and may enter suchorders as may be necessary to prevent the performance of an unlawful practice in the future and to fullyremedy any past unlawful activity. In any action brought pursuant to this section, the court shall notsuspend or revoke any license issued by a board.
45:1-24. Failure to comply with order of board directing payment of penalties or restoration ofmoneys or property; enforcement
Upon the failure of any person to comply within 10 days after service of any order of a boarddirecting payment of penalties or restoration of moneys or property, the Attorney General or thesecretary of such board may issue a certificate to the Clerk of the Superior Court that such person isindebted to the State for the payment of such penalty and the moneys or property ordered restored. Acopy of such certificate shall be served upon the person against whom the order was entered. There-upon the clerk shall immediately enter upon his record of docketed judgments the name of the personso indebted and of the State, a designation of the statute under which the penalty is imposed, theamount of the penalty imposed, and amount of moneys ordered restored, a listing of property orderedrestored, and the date of the certification. Such entry shall have the same force and effect as the entry ofa docketed judgment in the Superior Court, and the Attorney General shall have all rights and remediesof a judgment creditor in addition to exercising any other available remedies. Such entry, however,shall be without prejudice to the right of appeal to the Appellate Division of the Superior Court fromthe board’s order.
An action to enforce the provisions of any order entered by a board or to collect any penalty leviedthereby may be brought in any municipal court or the Superior Court in summary manner pursuant tothe Penalty Enforcement Act, (N.J.S. 2A:58-1 et seq.) and the rules of court governing the collection ofcivil penalties. Process in such action shall be by summons or warrant, and in the event that the defen-dant fails to answer such action, the court shall issue a warrant for the defendant’s arrest for the purposeof bringing such person before the court to satisfy any order entered.
45:1-25. Violations; civil penalty; action to collect or enforce
a. Any person who engages in any conduct in violation of any provision of an act or regulationadministered by a board shall, in addition to any other sanctions provided herein, be liable to acivil penalty of not more than $10,000 for the first violation and not more than $20,000 for thesecond and each subsequent violation. For the purpose of construing this section, each act inviolation of any provision of an act or regulation administered by a board shall constitute aseparate violation and shall be deemed a second or subsequent violation under the followingcircumstances:
(1) an administrative or court order has been entered in a prior, separate and independentproceeding;
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(2) the person is found within a single proceeding to have committed more than one violation of any provision of an act or regulation administered by a board; or
(3) the person is found within a single proceeding to have committed separate violations ofany provision of more than one act or regulation administered by a board.
b. In lieu of an administrative proceeding or an action in the Superior Court, the Attorney Generalmay bring an action in the name of any board for the collection or enforcement of civil penaltiesfor the violation of any provision of an act or regulation administered by such board. Suchaction may be brought in summary manner pursuant to the “”Penalty Enforcement Law of1999,’’ P.L.1999, c. 274 (C.2A:58-10 et seq.) and the rules of court governing actions for thecollection of civil penalties in the municipal court where the offense occurred. Process in suchaction may be by summons or warrant and in the event that the defendant in such action fails toanswer such action, the court shall, upon finding an unlawful act or practice to have beencommitted by the defendant, issue a warrant for the defendant’s arrest in order to bring suchperson before the court to satisfy the civil penalties imposed. In any action commenced pursu-ant to this section, the court may order restored to any person in interest any moneys or propertyacquired by means of an unlawful act or practice.
c. Any action alleging the unlicensed practice of a profession or occupation shall be broughtpursuant to this section or, where injunctive relief is sought, by an action commenced in theSuperior Court.
d. In any action brought pursuant to this act, a board or the court may order the payment of costsfor the use of the State, including, but not limited to, costs of investigation, expert witness feesand costs, attorney fees and costs, and transcript costs.
45:1-26. Repeal of inconsistent acts and parts of acts
All acts and parts of acts inconsistent with this act are hereby superseded and repealed.
45:1-27. Severability
If any provision of this law or the application thereof to any person or circumstance is held invalid,the invalidity shall not affect other provisions or applications of the law which can be given effectwithout the invalid provision or application, and to this end the provisions of this law are severable.
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CHAPTER 4B. BUILDING DESIGN SERVICES
45:4B-1. Short title
This act shall be known and may be cited as the “”Building Design Services Act.’’
45:4B-2. Legislative findings and declarations
The Legislature finds and declares that there is an area of concurrent practice between the practiceof architecture and the practice of engineering, specifically in the area of building design. In order toeliminate uncertainty and provide for the resolution of future disputes in the area of concurrence, theLegislature declares that it is in the public interest to create a Joint Committee of Architects andEngineers to receive referrals from the New Jersey State Board of Architects and the State Board ofProfessional Engineers and Land Surveyors; conduct investigations to determine violations of this act;conduct, at its discretion, hearings; communicate its findings in writing; and issue declaratory rulingson the use group classifications contained in section 7 of this act.1
Nothing herein, except as provided in section 5 of this act,2 shall be deemed to preempt theultimate decision making authority of the boards.
It is also the Legislature’s intent to provide for contracting between architects and engineerswithout compromising the integrity of either profession.
This act is declared remedial except that the powers and duties of the committee shall be limited tothose contained in section 5 of this act.
1N.J.S.A. § 45:4B-7.2N.J.S.A. § 45:4B-5.
45:4B-3. Definitions
For the purposes of this act:
a. “Architectural project’’ means any building or structure the plans for which may be prepared,designed, signed, and sealed by a licensed architect pursuant to section 7 of this act.1
b. “Boards’’ means the New Jersey State Board of Architects and the State Board of ProfessionalEngineers and Land Surveyors.
c. “Closely allied professional’’ means and is limited to licensed architects, professional engineers,land surveyors, professional planners, and certified landscape architects.
d. “Engineering project’’ means a building or structure the plans for which may be prepared,designed, signed, and sealed by a professional engineer pursuant to section 7 of this act.
e. “Engineering systems’’ means those systems necessary for the proper function of a building andsurrounding site, the proper design of which requires engineering knowledge acquired throughengineering or architectural training and experience. These systems include but are not limitedto structural, electrical, heating, lighting, acoustical, ventilation, air conditioning, grading,plumbing and drainage. Drainage facilities for sites of 10 acres or more or involving stormwater detention facilities or traversed by a water course shall only be designed by a professionalengineer.
f. “Joint committee’’ means the Joint Committee of Architects and Engineers created pursuant tosection 4 of this act2
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g. “Owner’’ means any person, agent, firm, partnership or corporation having a legal or equitableinterest in the property or any agent acting on behalf of such individuals or entities.
h. “Practice of architecture’’ or “architectural services’’ means the rendering of services in connec-tion with the design, construction, enlargement, or alteration of a building or a group of build-ings and the space within or surrounding those buildings, which have as their principal purposehuman use or habitation. These services include site planning, providing preliminary studies,architectural designs, drawings, specifications, other technical documentation, and administra-tion of construction for the purpose of determining compliance with drawings and specifica-tions.
i. “Practice of engineering’’ or “engineering services’’ means any service or creative work theadequate performance of which requires engineering education, training, and experience andthe application of special knowledge of the mathematical, physical and engineering sciences tosuch services or creative work as consultation, investigation, evaluation, planning and designof engineering works and systems, planning the use of land and water, engineering studies, andthe administration of construction for the purpose of determining compliance with drawingsand specifications; any of which embraces such services or work, either public or private, inconnection with any engineering project including: utilities, structures, buildings, machines,equipment, processes, work systems, projects, telecommunications, and industrial or consumerproducts or equipment of a mechanical, electrical, hydraulic, pneumatic or thermal nature,insofar as they involve safeguarding life, health or property, and including such otherprofessional services as may be necessary to the planning, progress and completion of anyengineering services. The design of buildings by professional engineers shall be consistent withsection 7 of this act. The practice of professional engineering shall not include the workordinarily performed by persons who operate or maintain machinery or equipment.
j. “Responsible charge’’ means the rendering of regular and effective supervision by a competentlicensed architect or professional engineer as appropriate to those individuals performing ser-vices which directly and materially affect the quality and competence of professional workrendered by the licensee. A licensee engaged in any of the following acts or practices shall bedeemed not to have rendered regular and effective supervision:
(1) The regular and continuous absence from principal office premises from which profes-sional services are rendered, except for the performance of field work or presence in afield office maintained exclusively for a specific project;
(2) The failure to personally inspect or review the work of subordinates where necessary andappropriate;
(3) The rendering of a limited, cursory or perfunctory review of plans for a building orstructure in lieu of an appropriate detailed review; and
(4) The failure to personally be available on a reasonable basis or with adequate advancednotice for consultation and inspection where circumstances require availability.
1N.J.S.A. § 45:4B-7.2N.J.S.A. § 45:4B-4.
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45:4B-4. Joint committee of architects and engineers; members; appointment; alternatemembers; quorum; meetings; compensation
There is created in the Division of Consumer Affairs in the Department of Law and Public Safety aJoint Committee of Architects and Engineers which shall consist of five members, two of whom shallbe licensed architect members of the New Jersey State Board of Architects, two of whom shall beprofessional engineer members of the State Board of Professional Engineers and Land Surveyors andone of whom shall be appointed by the Governor.
The professional members shall be appointed by their respective board presidents with the adviceand consent of a majority of their respective boards. They shall serve at the discretion of their respec-tive boards during their terms of office.
The gubernatorial appointment shall be a resident of this State with experience as an arbitrator andshall not be a licensed architect, professional engineer, or a closely allied professional. The gubernato-rial appointment shall serve from the date of appointment for a term of five years and shall not serve formore than two consecutive terms. The gubernatorial appointment may be removed for cause by theGovernor.
An alternate member shall be chosen from each board in the same manner as the professionalmembers. An alternate member may represent the appointing board when a professional member isabsent from a joint committee meeting. While acting in this capacity the alternate member shall enjoyall the rights and privileges of a voting professional member.
The gubernatorial appointment with an equal number of architect and engineer professional mem-bers present shall constitute a quorum. No joint committee business shall be conducted without a quo-rum.
The joint committee shall meet at least six times a year, except that it shall meet no less than onceevery two months.
The joint committee members shall be entitled to receive per diem fees and expenses equivalent tofees paid to members of the professional and occupational licensing boards pursuant to section 2 ofP.L.1977, c. 285 (C.45:1-2.5).
The cost of operation of the joint committee shall be borne equally by the boards which shall adoptsuch fees by regulation as are necessary to fund such operation.
45:4B-5. Powers and duties
The joint committee shall have the following powers and duties:
a. To investigate, within a reasonable period of time, any alleged violation of this act referred bythe boards.
b. To conduct, at its discretion, investigative hearings on any alleged violation of this act referredby the boards.
c. To notify the boards, in writing, if in a particular matter, it finds that no violation of this act hasoccurred. In the event such a finding is made, no further action shall be taken with respect tothat particular matter by either board or the joint committee.
d. To notify the boards, in writing, if in a particular matter, it finds that a violation of this act hasoccurred. In the event of such a finding the board possessing authority to discipline the licenseeor other regulated entity found to have violated this act shall either initiate disciplinary action,
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or where in its determination the basis for the joint committee’s finding is insufficient, refer thematter back to the joint committee for further investigation and evaluation.
e. To determine, by regulation, the assignment of use group classification established pursuant tosection 7 of this act1 for any building or structure not contemplated within the use groups orwhose classification is not reasonably ascertainable.
f. To issue declaratory rulings with regard to determining a building or structure’s primary usegroup classification for the purpose of determining if such building or structure is an architec-tural or engineering project, or both. Requests for declaratory rulings shall be submitted to thejoint committee by either of the boards. The joint committee may issue a declaratory rulingwhich shall bind the boards and all parties to the proceeding on the state of the facts alleged.That ruling shall be deemed a final decision or action subject to review in the Appellate Divi-sion of the Superior Court.
g. To promulgate rules and regulations pursuant to the “”Administrative Procedure Act,’’ P.L.1968,c. 410 (C. 52:14B-1 et seq.) to carry out the purposes of this act.
πN.J.S.A.§ 45:4B-7.
45:4B-6. Evaluation of complaint, question or controversy involving application of act
Any complaint, question, or controversy involving the application of this act may be referred to thejoint committee for evaluation and such action as may be authorized herein. The boards shall provideany and all documents in their possession regarding any matter referred to the joint committee andshall, where necessary and appropriate, exercise the investigation or enforcement power conferred bylaw in order to aid and assist the joint committee in its functions.
No joint committee member shall be disqualified from any board deliberation or action solely byreason of that member’s having participated in joint committee activity.
45:4B-7. Classification of buildings and structures by use into use groupsa. For the purposes of this act, buildings and structures are classified by their use into use groups
as determined by the BOCA National Building Code. The following chart based on the BOCANational Building Code%611987, tenth edition, designates projects by use groups and setsforth those which may be designed, prepared, signed, and sealed by licensed architects andprofessional engineers, or both, as indicated. In the event that the BOCA National BuildingCode’s provisions are altered in subsequent editions nothing herein contained shall be deemedto be altered.
BUILDING DESIGN CATEGORIES
BOCA UseGroup Architects May Design Engineers May DesignClassificationA—Assembly AllA—5 Outdoor Assembly use or as an incidental use.B—Business All None other than Note 1 or as an incidental useE—Educational All None except for an incidental useF—Factory and Industrial All AllH—High Hazard All AllI—Institutional All None except for an incidental useM—Mercantile All None except for an incidental useR—Residential All None except for an incidental useS—Storage All AllU—Utility AllExcept an Engineering Work All
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Note 1. Professional engineers may design the following projects within the B Use group:
(a) Car wash facilities;
(b) Materials testing laboratories; and,
(c) Telephone exchanges and data processing relay or equipment facilities.
b. An engineering work such as a sewage or water treatment plant, power plant, or transportationsystem, shall be prepared, designed, signed, and sealed by a professional engineer only.
c. Professional engineers may prepare, design, sign and seal buildings or portions of buildings ina non-permitted use group classification only as an incidental use.
A portion of a building shall be deemed to be an incidental use where the portion is an ancillary partof an engineering project and the building or portion is of a building design category prohibited toengineers. The area of the incidental use shall not constitute more than 10% of the building’s total floorarea or 2000 square feet whichever is greater.
In the design of traditional engineering works projects such as sewage or water treatment plants,power plants or transportation systems, the area of the incidental use shall not constitute more than10% of the total square footage of all structures in the project, or 2000 square feet, whichever is greater.Where public access is a primary consideration in buildings such as transportation terminals, railroadstations, or administration buildings, those buildings shall be designed by architects only.
45:4B-8. Provision of architectural and engineering services by sole proprietor or businessassociation authorized to render engineering services; contract; conditions
A sole proprietor or business association, which may by law render or offer to render engineeringservices shall enter into a contract with an owner to provide architectural and engineering servicesunder the following conditions:
a. The contract with the owner is in writing and provides for a coordinated rendering ofarchitectural and engineering services.
b. Architectural services shall be provided pursuant to a separate, written, independentsubcontract which clearly delineates the responsibility of the licensed architect or businessassociation and the contracting entity.
c. Any subcontract for the providing of architectural services pursuant to this act shall providethat:
(1) The licensed architect or business association shall render such services as an indepen-dent professional and not as an employee of a sole proprietor or business associationwhich may by law provide or offer to provide engineering services.
(2) The licensed architect shall exercise independent professional judgment consistent withaccepted standards of the practice of architecture with regard to the project as itscircumstances may dictate.
d. A professional engineer may design any engineering additions to an architectural project.
e. Corporations subject to the requirements of subsection a. of section 7 of P.L.1989 c. 276 (C.45:8-56) shall, in addition to the requirements provided therein, be subject to the following:
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(1) At least two thirds of the directors shall be professional engineers; and
(2) A minimum of 20% of the shares shall be owned by professional engineers.
45:4B-9. Provision of architectural and engineering services by sole proprietor or businessassociation authorized to render architectural services; contract; conditions
A sole proprietor or business association, which may by law render or offer to render architecturalservices, shall enter into a contract with an owner to provide architectural and engineering servicesunder the following conditions:
a. The contract with the owner is in writing and provides for a coordinated rendering ofarchitectural and engineering services.
b. Engineering services shall be provided pursuant to a separate, written, independent subcontractwhich clearly delineates the responsibility of the professional engineer or business associationand the contracting entity.
c. Any subcontract for the providing of engineering services pursuant to this act shall providethat:
(1) The professional engineer or business association shall render services contracted for asan independent professional and not as an employee of a sole proprietor or businessassociation which may by law provide or offer to provide architectural services.
(2) The professional engineer shall exercise independent professional judgment consistentwith accepted standards of the practice of engineering with regard to the project as itscircumstances may dictate.
d. A licensed architect may design any architectural additions to an engineering work.
45:4B-10. Design of engineering systems in connection with architectural project by architect;conditions
A licensed architect shall provide the design of engineering systems in connection with anarchitectural project under either of the following conditions:
a. The engineering systems are designed within the architect’s office and the work is done underthe responsible charge of a licensed architect or a professional engineer. Where such work isdone under the responsible charge of a licensed architect, the architect shall sign and seal allplans and specifications. If the architect designates a professional engineer to be in responsiblecharge of all or a portion of the design of the engineering systems, the professional engineershall sign and seal all such engineering designs; or
b. All or a portion of the engineering systems are designed outside the architect’s office under asubcontract with a professional engineer who is in responsible charge of the work. The contractshall be in writing and provide that the professional engineer shall exercise independent profes-sional judgment consistent with accepted standards of engineering with regard to the project asits circumstances may dictate. This work product shall be submitted by said engineer:
(1) On drawings with the engineer’s title block, properly signed and sealed;
(2) In report or specification form, appropriately identified, signed, and sealed;
(3) In letter form properly signed;
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(4) In any other form as is consistent with the assignment.
45:4B-11. Records of licensee
A licensee shall maintain such records as are reasonably necessary to establish that the licenseeexercised regular and effective supervision of any professional services of which he or she was inresponsible charge.
45:4B-12. Prohibition of use of title “”architect’’ or description “”architectural services’’ byengineer
Notwithstanding the provisions of this act, an individual or business association, which may by lawpractice engineering, but not architecture, shall not use the title architect or advertise or use any title,sign, card or device to indicate that that sole proprietor or business association may performarchitectural services. A sole proprietor or business association in advertising or offering to performservices pursuant to section 7 or 8 of this act,1 shall designate or describe those services as “”buildingdesign services’’ or the substantial equivalent but shall not utilize the term “”architectural services’’ orits substantial equivalent.
1N.J.S.A. §§ 45:4B-7 or 45:4B-8.
45:4B-13. Prohibition of use of title “”engineer’’ or description “”engineering services’’ byarchitect
Notwithstanding the provisions of this act, a sole proprietor or business association, which may bylaw practice architecture, but not engineering, shall not use the title engineer or advertise or use anytitle, sign, card or device to indicate that that sole proprietor or business association may performengineering services. That sole proprietor or business association in advertising or offering to performservices pursuant to section 7 or 9 of this act,1 shall designate or describe such services as “”worksfacilities design’’ or the substantial equivalent but shall not utilize the term “”engineering services’’ orits substantial equivalent.
1N.J.S.A. §§ 45:4B-7 or 45:4B-9.
45:4B-14. Violations; discipline or penalties
a. Consistent with section 5 of this act,1 any licensed architect who, or business associationauthorized to offer architectural services which, violates this act shall be disciplined by theNew Jersey State Board of Architects. Such a violation shall be deemed professionalmisconduct. Any professional engineer who, or business association authorized to offerengineering services which, violates this act shall be disciplined by the State Board ofProfessional Engineers and Land Surveyors. Such a violation shall be deemed professionalmisconduct.
b. Any violation of this act by an unlicensed individual or unauthorized business association shallbe disciplined by the New Jersey State Board of Architects pursuant to the provisions of P.L.1978,c. 73 (C. 45:1Ñ14 et seq.). Such a violation shall be deemed the unlicensed practice ofarchitecture. However, the design of an engineering work by an unlicensed individual orunauthorized business association shall be disciplined by the State Board of Engineers andLand Surveyors pursuant to the provisions of P.L.1978, c. 73 (C. 45:1-14 et seq.). Such aviolation shall be deemed the unlicensed practice of engineering.
1N.J.S.A. § 45:4B-5.
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CHAPTER 8. ENGINEERS, PROFESSIONAL, AND LAND SURVEYORS
45:8-1 to 45:8-26. Repealed by L.1938, c. 342, § 23 [§ 45:8-49]
45:8-27. License required; display of license; exceptions; corporations, firms, partnerships andassociations
In order to safeguard life, health and property, and promote the public welfare, any personpracticing or offering to practice professional engineering or professional land surveying in this Stateshall hereafter be required to submit evidence that he is qualified so to practice and shall be licensed ashereinafter provided. After the date upon which this chapter becomes effective, it shall be unlawful forany person to practice or to offer to practice engineering or land surveying in this State, or to use thetitle professional engineer or land surveyor or any other title, sign, card or device in such manner as totend to convey the impression that such person is practicing engineering or land surveying or is aprofessional engineer or land surveyor, unless such person is duly licensed under the provisions of thischapter. Every holder of a license shall display it in a conspicuous place in his principal office, place ofbusiness or employment.
No corporation, firm, partnership or association shall be granted a license under this chapter;however, certain corporations shall be required to obtain a certificate of authorization as providedpursuant to P.L.1989, c. 276 (C. ÖÖ). No corporation, firm, partnership or association shall use orassume a name involving the word “engineers’’ or “engineering’’ or any modification or derivative ofsuch terms, unless an executive officer, if a corporation, or a member, if a firm, partnership orassociation, shall be a licensed professional engineer of the State of New Jersey.
No corporation, firm, partnership or association shall use or assume a name involving the words“surveyors,’’ “land surveyors,’’ “surveying,’’ or “land surveying,’’ or any modification orderivative of such terms, unless an executive officer, if a corporation, or a member, if a firm,partnership, or association, shall be a licensed land surveyor of the State of New Jersey.
No corporation, firm, partnership or association shall practice or offer to practice engineering orland surveying in this State unless the person or persons in responsible charge of engineering or landsurveying work shall be so licensed to practice in this State. The person or persons carrying on theactual practice of professional engineering or land surveying on behalf of or designated as “engineers’’or “”surveyors’’ or “”professional engineers’’ or “”land surveyors,’’ with or without qualifying orcharacterizing words, by any such corporations, firms, partnerships or associations, shall be licensed topractice professional engineering or land surveying as provided in this chapter.
Services constituting the practice of professional engineering shall not be rendered or offered throughany business association other than a sole proprietorship of a professional engineer, a partnership ofprofessional engineers, a partnership of closely allied professionals including at least one professionalengineer, a professional service corporation established pursuant to the “”Professional ServiceCorporation Act,’’ P.L.1969, c. 232 (C. 14A:17-1 et seq.) or a corporation authorized pursuant to P.L.1989,c. 276 (C......).
Services constituting the practice of land surveying shall not be rendered or offered through anybusiness association other than a sole proprietorship of a land surveyor, a partnership of land surveyors,a partnership of closely allied professionals including at least one land surveyor, a professional servicecorporation established pursuant to the “”Professional Service Corporation Act,’’ P.L.1969, c. 232 (C.14A:17-1 et seq.) or a corporation authorized pursuant to P.L.1989, c. 276 (C. 45:8-56 et al.).
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Nothing in this act shall be construed as required licensing for the purpose of practicingprofessional engineering or land surveying by any person, firm, or corporation upon property owned orleased by such person, firm or corporation, unless the same involves the public safety, public health orpublic welfare.
45:8-28. Definitions
(a) The term “”professional engineer’’ within the meaning and intent of this chapter shallmean a person who by reason of his special knowledge of the mathematical and physicalsciences and the principles and methods of engineering analysis and design, acquired byprofessional education and practical experience, is qualified to practice engineering ashereinafter defined as attested by his license as a professional engineer.
(b) The terms “”practice of engineering’’ or “”professional engineering’’ within the meaningand intent of this chapter shall mean any service or creative work the adequateperformance of which requires engineering education, training, and experience and theapplication of special knowledge of the mathematical, physical and engineering sciencesto such services or creative work as consultation, investigation, evaluation, planning anddesign of engineering works and systems, planning the use of land and water, engineeringstudies, and the administration of construction for the purpose of determining compliancewith drawings and specifications; any of which embraces such services or work, eitherpublic or private, in connection with any engineering project including: utilities,structures, buildings, machines, equipment, processes, work systems, projects,telecommunications, or equipment of a mechanical, electrical, hydraulic, pneumatic orthermal nature, insofar as they involve safeguarding life, health or property, and includingsuch other professional services as may be necessary to the planning, progress and comple-tion of any engineering services. The design of buildings by professional engineers shallbe consistent with section 7 of the “”Building Design Services Act.’’ P.L.1989, c. 277 (C.45:4B-7).
The practice of professional engineering shall not include the work ordinarily performed bypersons who operate or maintain machinery or equipment. The provisions of this chapter shall not beconstrued to prevent or affect the employment of architects in connection with engineering projectswithin the scope of the act to regulate the practice of architecture and all the amendments andsupplements thereto.
A person shall be construed to practice or offer to practice engineering, within the meaning andintent of this chapter, who practices any branch of the profession of engineering; or who, by verbalclaim, sign, advertisement, letterhead, card, or in any other way represents himself to be a professionalengineer, or through the use of some other title utilizing or including the word engineer, implies that heis a professional engineer; or who represents himself as able to perform, or who does perform anyengineering service or work or any other professional service recognized by the board as professionalengineering.
Nothing herein shall prohibit licensed architects from providing or offering services consistentwith the “”Building Design Services Act,’’ P.L.1989, c. 277 (C. 45:4B-1 et seq.).
(c) The term “engineer-in-training’’ as used in this chapter shall mean a person who is apotential candidate for license as a professional engineer who is a graduate in an approvedengineering curriculum of four years or more from a school or college accredited by theboard as of satisfactory standing, and who, in addition, has successfully passed anexamination in the fundamental engineering subjects, as defined elsewhere herein.
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(d) The term “”land surveyor’’ as used in this chapter shall mean a person who is aprofessional specialist in the technique of measuring land, educated in the principles ofmathematics, the related physical and applied sciences, and the relevant requirements oflaw, all requisite to the practice of land surveying as attested by his license as a landsurveyor.
(e) The term “”practice of land surveying’’ within the meaning and intent of this chapter shallmean any service or work the adequate performance of which involves the application ofspecial knowledge of the principles of mathematics, the related physical and appliedsciences and the relevant requirements of law to the act of measuring and locatingdistances, directions, elevations, natural and man-made topographical features in the air,on the surface of the earth, within underground workings, and on beds of bodies of waterfor the purpose of determining areas and volumes, and for the establishing of horizontaland vertical control as it relates to construction stake-out, for the monumentation ofproperty boundaries and for the platting and layout of lands and subdivisions thereof andfor the preparation and perpetuation of maps, record plats, field notes, records andproperty descriptions in manual and computer coded form that represent these surveys.The practice of land surveying shall include the establishment and maintenance of thebase mapping and related control for land information systems that are developed fromthe above referenced definition of the practice of land surveying.
For purposes of this subsection, “land information systems’’ means any computer coded spatialdatabase designed for multi-purpose public use developed from or based on property boundaries.
A person who engages in the practice of land surveying; or who, by verbal claim, sign,advertisement, letterhead, card or in any other way represents himself to be a land surveyor or profes-sional surveyor; or who represents himself as able to perform any land surveying service or work orany service which is recognized as within the practice of land surveying shall be deemed to practice oroffer to practice land surveying.
Nothing in this chapter shall preclude a person licensed by the board as a professional engineerfrom performing those measurements necessary for the design, construction stake-out, constructionand post-construction records of an engineering project, provided that these measurements are notrelated to property lines, lot lines, easement lines, or right-of-way lines, the establishment of which arerequired to be made by a land surveyor.
(f) The term “”board’’ as used in this chapter shall mean the State Board of ProfessionalEngineers and Land Surveyors.
(g) The term “”responsible charge’’ as used in this chapter shall mean the rendering of regularand effective supervision by a competent professional engineer or land surveyor to thoseindividuals performing services which directly and materially affect the quality andcompetence of the professional services rendered by the licensee. A licensee engaged inany of the following acts or practices shall be deemed not to have rendered regular andeffective supervision:
(1) The regular and continuous absence from principal office premises from whichprofessional services are rendered, except for performance of field work or presence in afield office maintained exclusively for a specific project;
(2) The failure to personally inspect or review the work of subordinates where necessary andappropriate;
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(3) The rendering of a limited, cursory or perfunctory review of plans or projects in lieu of anappropriate detailed review;
(4) The failure to personally be available on a reasonable basis or with adequate advancenotice for consultation and inspection where circumstances require personal availability.
(h) The term “”certificate of authorization’’ shall mean a certificate issued by the board pur-suant to this amendatory and supplementary act.
(i) The term “”joint committee’’ shall mean the Joint Committee of Architects and Engineersestablished pursuant to the “”Building Design Services Act,’’ P.L.1989, c. 277 (C. 45:4B-1 et seq.).
(j) The term “”closely allied professional’’ as used in this chapter shall mean and is limited tolicensed architects, professional engineers, land surveyors, and professional planners.
(k) The term “”telecommunications’’ as used in this chapter, shall mean, as it is applied to thepractice of engineering, subjects which deal with the generation, transmission, receiving,and processing of information bearing signals for the purpose of fulfilling a particularcommunication need. The most common forms of signals are those encountered in voice,image and data transmission. Subjects relevant to telecommunications include but are notlimited to: analog and digital circuits, propagation of electromagnetic energy throughguided media such as a transmission line, fibers, wave guides, and unguided media suchas free space as in broadcast and mobile communication systems, communication theory,including modulation, noise interference, and the interface with computers.
(l) The term “”surveyor-in-training’’ as used in this chapter shall mean a person who is apotential candidate for licensure as a land surveyor, who is a graduate in an approvedsurveying curriculum of four years or more from a school or college accredited by theboard as of satisfactory standing, and who, in addition, has successfully passed an exami-nation in the fundamental surveying subjects, approved by the board pursuant to section 9of P.L.1938, c. 342 (C. 45:8-35).
45:8-29. Examining board; appointment; term; member succeeding himself; vacancies;secretary-director; additional positions
To carry out the provisions of this chapter, there is hereby created an examining board for thelicensing of professional engineers and land surveyors, and the certification of engineers-in-training,which board shall consist of ten members, two of whom shall be public members and one of whomshall be a State executive department member appointed pursuant to the provisions of P.L.1971, c. 60(C. 45:1-2.1 et seq.). Each of the remaining seven members shall be appointed by the Governor of theState of New Jersey, with the advice and consent of the Senate, within sixty days after the passage ofthis chapter, or as soon as practicable thereafter. The members of said board shall be appointed to servefor a term of five years, one of which shall expire each calendar year. The two members added by this1985 amendatory act shall be appointed as soon as practicable by the Governor, with the advice andconsent of the Senate, one for a term to end April 30 of the third year after appointment and one for aterm to end April 30 of the fourth year after appointment. ÇThereafter, each member shall hold officeafter the expiration of his term until his successor shall be duly appointed and qualified. A member ofthe board shall not be eligible to succeed himself more than once, except that the present members ofthe board shall be eligible to succeed themselves once hereafter. The terms of office of the members ofsaid board shall commence on the first day of May. Vacancies in the membership of the board, however
31
created, shall be filled by appointment of the Governor, with the advice and consent of the Senate, forany unexpired term, and for each five-year term. Notwithstanding anything herein contained, the presentmembers of the State board shall continue in office as members of said board until their present respec-tive terms expire, except as provided elsewhere herein for removal.
To supervise all necessary administrative work of the board, there is hereby created the position ofsecretary-director to the board. The board shall appoint such a secretary-director, to serve for a term offive years, at a salary determined by the board. Duties of the secretary-director of the board shall bethose defined by the board. The secretary-director of the board shall not be a member of the board.
The board may provide for the creation of additional positions, as deemed necessary to make effec-tive the provisions of this act.
The board shall arrange through lease or otherwise to maintain suitable offices within the State ofNew Jersey for the conduct of the business of the board.
45:8-30. Name of board; qualifications of members; removal; compensation; expenses
Said board, when so appointed, shall be designated and known as the “”State Board of ProfessionalEngineers and Land Surveyors.’’
All persons appointed to the said board shall be citizens of the United States and residents of theState of New Jersey. ÇAppointees, other than the two public members and the State executive depart-ment member appointed pursuant to the provisions of P.L.1971, c. 60 (C. 45:1-2.1 et seq.) and the twoappointees added pursuant to this 1985 amendatory act, shall have been licensed as professional engi-neers in New Jersey for a period of at least five years, at least one member of whom shall also be alicensed land surveyor and the two appointees added pursuant to this 1985 amendatory act and theirsuccessors shall have been licensed as professional land surveyors in this State for a period of at leastfive years.
The Governor may remove any member of the board after hearing, for misconduct, incompetency,neglect of duty or for any other sufficient cause.
Each member of the board shall receive $50.00 for each day of actual service in attending meetingsof the board at which business is transacted, and not to exceed $1,000.00 a year for each member and,in addition, shall be reimbursed for all necessary expenses, incidental to their duties as members of saidboard, incurred in carrying out the provisions of this chapter.
45:8-31. Oath of members; filing; duty of Attorney General; powers of board; compellingcompliance with subpoena
Each member of the examining board before entering upon the duties of his office, shall subscribeto an official oath of office as provided by section 41:1-3 of the Title, Oaths and Affidavits, of theRevised Statutes, which oath shall be filed in the office of the Secretary of State.
The examining board shall be entitled to the services of the Attorney-General in connection withthe affairs of the board and the board shall have power to compel the attendance of witnesses, and anymember thereof may administer oaths and the board may take testimony and proofs concerning anymatters within its jurisdiction.
The board shall adopt and have an official seal.
In carrying into effect the provisions of this chapter, the board may, under the hand of its presidentand the seal of the board, subpoena witnesses and compel their attendance, and also may require the
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production of books, papers, documents, et cetera, in a case involving the revocation of license orpracticing or offering to practice without license. If any person shall refuse to obey any subpoena soissued, or shall refuse to testify or produce any books, papers or documents, the board may apply exparte to the Superior Court to compel the person to comply forthwith with the subpoena.
45:8-32. Organization of board; bond; quorum
Said examining board shall at its annual meeting to be held in May organize by electing a presidentand vice-president, who shall be members of the board.
The secretary-director shall furnish bond for the faithful performance of his duties in such sum asrequired by law. Premium for said bond shall be regarded as a proper and necessary expense of theboard.
Said board shall meet at least every two months and special meetings may be held at such times ascalled by the president.
A majority of the voting members of the board shall constitute a quorum and no action of the boardshall be taken except upon the affirmative vote of a majority of the members of the entire board.
45:8-33. Itemized account to be kept; report; filing; forwarding to Attorney-General
An itemized account of all receipts and expenditures of the board shall be kept by the saidsecretary-director and a detailed report thereof, verified by the affidavit of said secretary-director, shallbe filed with the Director of Division of Budget and Accounting, Department of the Treasury, withintwenty days after the close of the fiscal year. A copy of this report shall be forwarded also to the officeof the Attorney-General, as head of the Department of Law and Public Safety.
45:8-34. Records; proceedings of examining board; applicants for licenses; evidence
The examining board shall keep a record of its proceedings and a record of all applicants forlicense, showing for each the date of application, name, age, education and other qualifications, placeof business and place of residence, whether or not an examination was required and whether theapplicant was rejected or a certificate of license granted, and the date of such action.
The books and register of the examining board shall be prima facie evidence of all matters recordedtherein. A public register showing the names and places of business and residences of all licensedprofessional engineers and land surveyors and engineers-in-training shall be prepared under thedirection of the secretary-director during the month of June of each year; such public register shall beprinted and a copy mailed to each licensee and a copy mailed to the clerk of each city, town, township,village, borough, county and other municipal corporation of this State, which public register shall beplaced on file in the office of the said clerk.
45:8-35. Applications for license; contents; fees; qualifications; evidence of qualifications;examination
Applications for license as professional engineers shall be on forms prescribed and furnished bythe board, shall contain statements under oath, showing the applicant’s education and detailedstatement of his engineering experience, and shall contain not less than five references, of whom threeor more shall be licensed professional engineers having personal knowledge of the applicant’sengineering experience.
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The application fee for professional engineers shall be set by the board and shall accompany theapplication.
Applications for license as land surveyors shall be on forms prescribed and furnished by the board,shall contain statements under oath, showing the applicant’s education and detailed statement of hisland surveying experience, and shall contain not less than five references, of whom three or more shallbe licensed land surveyors having personal knowledge of the applicant’s land surveying experience.
The application fee for land surveyors shall be set by the board and shall accompany theapplication.
Applications for a certificate of registration as “”engineer-in-training’’ shall be on forms prescribedand furnished by the board, shall be accompanied by a fee set by the board and shall contain the namesof three references of whom at least one shall be a professional engineer having personal knowledge ofthe applicant’s engineering education, experience or training.
Applications for a certificate of registration as “”surveyor-in-training’’ shall be on forms prescribedand furnished by the board, shall be accompanied by a fee set by the board and shall contain the namesof three references of whom at least one shall be a licensed land surveyor having personal knowledgeof the applicant’s surveying education, experience or training.
All application fees shall be retained by the board.
The following shall be considered as minimum evidence satisfactory to the board that the applicantis qualified for a license as a professional engineer, or as a land surveyor, or for certificate ofregistration as an engineer-in-training or a surveyor-in-training, to wit:
(1) As a professional engineer:
a. Graduation from a board approved curriculum in engineering of four years or more; a specificrecord of an additional four years or more of experience in engineering work of a charactersatisfactory to the board, and indicating that the applicant is competent to be placed inresponsible charge of such work; and successfully passing all parts of the written examination;or
b. Graduation from a board approved curriculum in engineering technology of four years or more;a specific record of an additional six years or more of experience in engineering work of acharacter satisfactory to the board, and indicating that the applicant is competent to be placed inresponsible charge of such work; and successfully passing all parts of the written examination;or
c. Graduation from a board approved curriculum in engineering or engineering technology offour years or more; a specific record of an additional 15 years or more of experience inengineering work of a character satisfactory to the board and indicating that the applicant iscompetent to be placed in responsible charge of such work; and successfully passing thespecialized portion of the written examination which is designated as Part P; or
d. (Deleted by amendment, P.L.1989, c. 276.)
e. A certificate of registration, issued by any state or territory or possession of the United States,or of any country, may, in the discretion of the board, be accepted as minimum evidencesatisfactory to the board that the applicant is qualified for registration as a professional engineer; provided that the minimum requirements for examination and license by the issuing
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agency in effect at the time of application to the issuing agency, which the applicant satisfied inorder to qualify for examination by that issuing agency, are at least comparable to those sameminimum requirements of the board which were in effect in this State at that time ; and pro-vided that the applicant has not failed any portion of a nationally administered, two-day exami-nation, required by the board, that was taken in order to receive licensure by the issuing agency.
(2) As a land surveyor:
a. (i) Until December 31, 1990, successful completion of a board approved program insurveying in a school or college approved by the board as of satisfactory standing; anadditional four years or more of experience in land surveying work of a charactersatisfactory to the board and indicating that the applicant is competent to be placed inresponsible charge of such work; and successfully passing a written examination; or
(ii) Effective January 1, 1991, graduation from a board approved curriculum in survey-ing of four years or more; an additional three years or more of experience in landsurveying work of a character satisfactory to the board and indicating that the appli-cant is competent to be placed in responsible charge of that work; and successfullypassing all parts of the written examination; or
b. Until December 31, 1990, successfully passing a written examination in surveying prescribedby the board; and a specific record of six years or more of experience in land surveying work ofa character satisfactory to the board and indicating that the applicant is competent to be placedin responsible charge of such work; or
c. (Deleted by amendment, P.L.1977, c. 340.)
d. A certificate of registration, issued by any state or territory or possession of the United States,or of any country, may, in the discretion of the board, be accepted as minimum evidence satis-factory to the board that the applicant is qualified for registration as a land surveyor; providedthat the minimum requirements for examination and license by the issuing agency in effect atthe time of application to the issuing agency, which the applicant satisfied in order to qualify forexamination by that issuing agency, are at least comparable to those same minimum require-ments of the board which were in effect in this State at that time; and provided that the issuingagency attests to the licensing criteria at the time of the applicant’s original licensure in thatjurisdiction, and the applicant receives a passing grade on the New Jersey specific portion ofthe current land surveying examination and any portions of a nationally administered two-dayexamination required by the board not already passed by the applicant.
(3) As an engineer-in-training:
a. Graduation from a board approved curriculum in engineering or engineering technology offour years or more; and successfully passing the fundamentals portion of the written examina-tion which is designated as Part F.
b. (Deleted by amendment, P.L.1989, c. 276.)
(4) As a surveyor-in-training: Graduation from a board approved curriculum in landsurveying of four years or more; and successfully passing the fundamentals portion of aboard approved written examination.
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Qualifications for professional engineers.
An applicant for license as a professional engineer shall be able to speak and write the Englishlanguage. All applicants shall be of good character and reputation.
Completion of a master’s degree in engineering shall be considered as equivalent to one year ofengineering experience and completion of a doctor’s degree in engineering shall be considered asequivalent to one additional year of engineering experience.
In considering the qualifications of applicants, engineering teaching experience may be consideredas engineering experience for a credit not to exceed two years.
The mere execution, as a contractor, of work designed by a professional engineer, or thesupervision of construction of such work as a foreman or superintendent, or the observation ofconstruction as an inspector or witness shall not be deemed to be experience in engineering work.
Any person having the necessary qualifications prescribed in this chapter to entitle him to a licenseshall be eligible for such license, although he may not be practicing his profession at the time ofmaking the application.
A quorum of the examining board shall not be required for the purpose of passing upon the issuanceof a license to any applicant; provided that no action on any application shall be taken without at leastthree votes in accord.
Engineering experience of a character satisfactory to the board shall be determined by the board’sevaluation of the applicant’s experience relative to the ability to design and supervise engineeringprojects and works so as to insure the safety of life, health and property.
The scope of the examination for professional engineering and methods of procedure shall beprescribed by the board with special reference to the applicant’s ability to design and superviseengineering projects and works so as to insure the safety of life, health and property. An examinationshall be given for the purpose of determining the qualifications of applicants for license in professionalengineering. A candidate failing an examination may apply for reexamination to the extent permittedby regulations of the board. Subsequent examinations will require the payment of fees set by the board.The board shall schedule at least two examinations per year, with dates and places to be determined bythe board.
Examinations of applicants for license as professional engineers will be divided into two parts, asfollows:
Part F—Fundamentals of Engineering—This examination is intended to assess the applicant’scompetency in the fundamental engineering subjects and basic engineering sciences, such as math-ematics, chemistry, physics, statistics, dynamics, materials science, mechanics of materials, structures,fluid mechanics, hydraulics, thermodynamics, electrical theory, and economics. A knowledge of P.L.1938,c. 342 (C. 45:8-27 et seq.) is also required.
Part P—Specialized Training—This examination is intended to assess the extent of the applicant’smore advanced and specialized professional training and experience especially in his chosen field ofengineering.
Applicants for certificates of registration as engineers-in-training shall qualify by satisfactorilypassing the fundamentals portion of the written examination.
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The scope, time and place of the examinations for applicants for certificates of registration as“”engineers-in-training’’ shall be prescribed by the board. A candidate failing an examination mayapply for reexamination to the extent permitted by the regulations of the board. Subsequentexaminations will require the payment of fees set by the board.
Qualifications for land surveyors.
An applicant for license as a land surveyor shall be able to speak and write the English language.All applicants shall be of good character and reputation.
Completion of a master’s degree in surveying shall be considered as equivalent to one year ofsurveying experience and completion of a doctor’s degree in surveying shall be considered asequivalent to one additional year of surveying experience.
In considering the qualifications of applicants, survey teaching experience may be considered assurveying experience for a credit not to exceed two years.
In determining whether an applicant’s experience is satisfactory for licensure, the board shallconsider whether the applicant has demonstrated the ability to perform, manage and supervise field andoffice surveying activities and works so as to insure the safety of life, health and property.
An examination shall be given for the purpose of determining the qualifications of applicants forlicense in land surveying. The content of the examination for land surveying and methods of procedureshall be prescribed by the board with emphasis upon the applicant’s ability to supervise land surveyingprojects and works. A candidate failing an examination may apply for reexamination to the extentpermitted by regulations of the board. Subsequent examinations will require the payment of fees set bythe board. The board shall schedule at least two examinations per year, with dates and places to bedetermined by the board.
Examinations of applicants for license as land surveyors shall be divided into two parts, as follows:
Part F—Fundamentals of Land Surveying—This examination is intended to assess the applicant’scompetency in the fundamental surveying subjects and basic surveying sciences, including, but notlimited to, mathematics, chemistry, physics, statistics, dynamics, boundary law, real estate law, andeconomics. A knowledge of P.L.1938, c. 342 (C. 45:8-27 et seq.) is also required.
Part P—Specialized Training—This examination is intended to assess the extent of the applicant’smore advanced and specialized professional training and experience in the field of land surveying.
Applicants for certificates of registration as surveyors-in-training shall qualify by satisfactorilypassing the fundamentals portion of the written examination.
The scope, time and place of the examinations for applicants for certificates of registration as“”surveyors-in-training’’ shall be prescribed by the board. A candidate failing an examination mayapply for reexamination to the extent permitted by the regulations of the board. Subsequentexaminations will require the payment of fees set by the board.
45:8-35.1. Licensed architects may be licensed as professional engineers; examination
Any architect who is duly licensed to practice architecture in this State, provided he has a collegedegree in a program or curriculum of four years or more, shall be entitled to be licensed to engage in thepractice of professional engineering upon application therefor to the State Board of ProfessionalEngineers and Land Surveyors, and upon satisfactorily passing that part of an examination limitedsolely to specialized training of engineers, and which is now designated as part P thereof. Such
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applicant shall be examined, according to the limitation herein provided, at a regularly conductedexamination for applicants for license as professional engineer.
45:8-35.2. Licensed land surveyors; continuing professional competency credits required forcertification
The State Board of Professional Engineers and Land Surveyors shall require each person licensedas a land surveyor, as a condition for biennial certification pursuant to P.L.1938, c. 342 (C. 45:8-27 etseq.) and P.L. 1972, c. 108 (C. 45:1-7), to complete not more than 24 credits of continuing professionalcompetency relating to the practice of land surveying, as provided in section 2 of this act,1 during eachbiennial registration period.
1 N.J.S.A. § 45:8-35.3.
45:8-35.3. Duties of board
a. The board shall:
(1) Establish standards for continuing professional competency in land surveying, includingthe subject matter and content of courses of study, which shall be in conformity with anational model, such as that of the National Council of Examiners for Engineering andSurveying;
(2) Approve educational programs offering credit towards the continuing professionalcompetency in land surveying requirements; and
(3) Approve other equivalent educational programs, including, but not limited to, meetingsof constituents and components of land surveying associations and other appropriateprofessional and technical associations recognized by the board, examinations, papers,publications, technical presentations, teaching and research appointments and technicalexhibits, and shall establish procedures for the issuance of credit upon satisfactory proofof the completion of these programs.
b. In the case of education courses and programs, each hour of instruction shall be equivalent toone credit.
45:8-35.4. Monitoring and evaluation procedures to be established by board
The board shall:
a. Establish procedures for monitoring compliance with the land surveying continuingprofessional competency requirements; and
b. Establish procedures to evaluate and grant approval to providers of continuing professionalcompetency in land surveying.
45:8-35.5. Waiver of continuing professional competency requirements
The board may, in its discretion, waive requirements for continuing professional competency inland surveying on an individual basis for reasons of hardship such as illness or disability, service in thearmed forces of the United States of America, retirement of the license, or other good cause.
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45:8-35.6. Initial registration; completion of continuing professional competency credits notrequired
The board shall not require completion of land surveying continuing professional competency creditsfor initial registration.
45:8-35.7. Acceptance of completion of credits on a pro rata basis
a. The board shall not require completion of land surveying continuing professional competencycredits for any certification periods commencing within 12 months of the effective date of thisact.
b. The board shall require completion of land surveying continuing professional competency creditson a pro rata basis for any certification periods commencing more than 12 but less than 24months following the effective date of this act.
45:8-35.8. Proof of completion of credits
The board shall accept as proof of completion of continuing professional competency programcredits documentation submitted by a person licensed as a land surveyor or by any entity offering acontinuing professional competency program approved by the board pursuant to section 2 of this act.1
1N.J.S.A. § 45:8-35.3.
45:8-35.9. Failure to complete continuing professional competency requirements; penalties
Any person who fails to complete the continuing professional competency requirementsestablished pursuant to section 1 of this act1 shall be liable to a civil penalty of not more than $500 oradditional hours of continuing professional competency in land surveying, or both, as imposed by theboard, for a first offense. A second or subsequent offense by a licensee shall be considered professionalmisconduct pursuant to the provisions of P.L.1938, c. 342 (C. 45:8-27 et seq.) and P.L.1978, c. 73 (C.45:1-14 et seq.).
1N.J.S.A. § 45:8-35.2.
45:8-35.10. Carry over of credits
The board shall allow a land surveyor to carry over a maximum of eight continuing professionalcompetency credits to the next biennial certification period.
45:8-36. License certificate; issuance; content; seal; sealing of documents; prior licensees; recordof licenses; Engineer-in-Training or Surveyor-in-Training
Certificates. The board shall issue a license certificate upon payment of the application fee asprovided in this chapter, to any applicant who, in the opinion of the board, has satisfactorily met all therequirements of this chapter, and who has paid the license fee to cover licensure for the year or fractionthereof in which such license is issued. In the case of a licensed professional engineer the certificateshall authorize the practice of the applicant as a “”professional engineer’’ and in the case of a licensedland surveyor as a “”land surveyor,’’ or as “”professional engineer and land surveyor’’ when theapplicant qualifies in both classifications. Certificates of license shall show the full name of thelicensee, shall have a license number and shall be signed by the president and the secretary-director ofthe board under the seal of the board. The issuance of a license certificate by this board shall be evi-dence that the person named therein is entitled to all the rights and privileges of a licensed professionalengineer or a licensed land surveyor, or as both as the case may be, while said certificate remainsunrevoked , unexpired , or is not on a retired status list.
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Each professional engineer or land surveyor shall upon receipt of license certificate, obtain a seal ofa design authorized by the board, bearing his name, license number and the legend “”LicensedProfessional Engineer,’’ “”Licensed Land Surveyor,’’ or “”Licensed Professional Engineer and LandSurveyor,’’ as the case may be. Plans, specifications, plats, and reports issued by persons authorizedunder this chapter shall be sealed with said seal, during the life of the licensee’s certificate, but it shallbe unlawful for anyone to stamp or seal any documents with said seal after the certificate of the lic-ensee named thereon has expired , has been revoked, or is on a retired status list, unless said certificateshall have been renewed , reissued or reinstated from retirement status as provided pursuant to section3 of P.L.1995, c. 36 (C. 45:8-36.2). The exact method of fulfilling the requirement as to the sealing ofdocuments shall be regulated by the board.
All professional engineers licensed by this board prior to the passage of this chapter, shall continueto practice under the various classifications heretofore granted and within the branches of engineeringindicated or may, upon application therefor, and the payment of a fee of $5.00 receive a new certificateunder the title “”professional engineer’’; provided, said professional engineer presents evidence satis-factory to the board of his qualifications to practice in the field of general engineering comprehended inthe title “”professional engineer.’’
All license certificates shall be recorded by the board in the office of the Secretary of State, in abook kept for that purpose and any recording fee as may be provided by law shall be paid by theapplicant before the license certificate is delivered.
The examining board shall be empowered to issue a certificate of registration as “”Engineer-in-Training’’ or “”Surveyor-in-Training,’’ as the case may be, to an applicant who meets the qualificationsoutlined elsewhere herein.
An applicant who meets the requirements of this act shall receive a certificate of registration as“”Engineer-in-Training,’’ or “”Surveyor-in-Training,’’ whichever is applicable, which certificate mayremain in effect for a period of 10 years from the date of issuance.
45:8-36.1. Professional land surveyor
Any person licensed as a land surveyor pursuant to the provisions of P.L.1938, c. 342 (C. 45:8-27 etseq.) may use the title “”professional land surveyor’’ in the scope of the practice of land surveying.
45:8-36.2. Retired license status for professional engineers and land surveyors; qualifications;reinstatement of licensure
A licensed professional engineer or land surveyor who has been licensed for a minimum of 25 yearsand is 62 years of age or older may apply to the board for retirement license status on a form furnishedby the board. Upon receipt of the completed retired status application form and the board’sdetermination that the licensee meets these requirements, the board shall declare the licensee retiredand shall place the licensee on a retired status list. A person whose license is retired shall not offer orpractice professional engineering or land surveying, or both, as the case may be, within the State.
A person on the retired status list who wants to resume the practice of professional engineering orland surveying, or both, as the case may be, shall make application in the manner determined by theboard for reinstatement of licensure to the board as a professional engineer or land surveyor, as the casemay be, and pay the prescribed reinstatement fee as required by regulation of the board. Any personwho has been on the retired status list for five or more years shall furnish the board with satisfactoryevidence of current knowledge, competency and skill in the practice of professional engineering orland surveying as required by law or any regulation of the board.
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45:8-36.3. Written waiver to omit corner markers
a. When a property survey is performed, appropriate corner markers shall be set either by a li-censed land surveyor or under the supervision of a licensed land surveyor. ÇThese markersshall be set at each property corner not previously marked by a property marker, unless theactual corner is not accessible, or unless a written waiver signed by the ultimate user is obtainedand retained for a period of not less than six years by the surveyor performing the survey.
b. Whenever a written waiver to omit corner markers is obtained pursuant to subsection a. of thissection, the following notation shall be included on the plat or plan of survey:
“”A written Waiver and Direction Not to Set Corner Markers has been obtained from the ultimateuser pursuant to P.L.2003, c. 14 (C.45:8-36.3) and N.J.A.C. 13:40-5.1(d).’’
c. Failure to comply with the provisions of P.L.2003, c. 14 (C.45:8-36.3) shall subject the licenseeto a penalty of not greater than $2,500 for each violation, to be imposed pursuant to section 9 ofP.L.1978, c. 73 (C.45:1-22).
45:8-37. Expiration and renewal of licenses; fees; revocation on failure to renew license
License certificates shall expire on the thirtieth day of April following issuance, renewal or rein-statement and shall become invalid on that day unless renewed. Licensees shall apply for renewal on orbefore the thirtieth day of April of each year. It shall be the duty of the secretary of the board to notifyall persons licensed under this chapter of the date of the expiration of their certificates and the amountof the fee that shall be required for their renewal for one year; such notice shall be mailed to eachlicensee at his post-office address known to the board at least one month in advance of the date ofexpiration of said certificate. Renewal of any certificate issued under this chapter may be effected atany time during the month of April by the payment of the fee of five dollars ($5.00).
The failure on the part of the licensee to renew his certificate annually in the month of April asrequired shall not deprive such person of the right of renewal during the ensuing year but the fee to bepaid if the license be renewed in any month during the current year subsequent to April shall be sevendollars ($7.00) instead of five dollars ($5.00); and, if the license certificate be not renewed in thecurrent year, the licensee shall pay a reinstatement fee of ten dollars ($10.00) plus five dollars ($5.00)for each year in which the licensee is in arrears. One notice to the licensee, by mail, on or before Aprilfifteenth, addressed to his last post-office address known to the board, informing him of his failure tohave applied for a renewal of his license certificate, shall constitute legal notification of such delin-quency by the board.
The failure on the part of the licensee to renew his certificate within one year from the date of theexpiration of said license certificate will automatically revoke such license certificate and the right ofthe person to practice thereafter shall be restored only upon the payment of the ten dollar ($10.00)reinstatement fee plus all arrearages. Continuing to practice as a “”professional engineer’’ or as a “”landsurveyor’’ after the expiration of his license shall render the person so doing liable to all the penaltiesprescribed for practicing without a license certificate.
45:8-37.1. Repealed by L.1950, c. 149, ß 19, eff. May 26, 1950
45:8-38. Repealed by L.1979, c. 432, § 1, eff. Feb. 14, 1980
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45:8-39. Practice without license and other violations; penalties; enforcement; powers of boardpursuant to Building Design Services Act
a. Any person who, hereafter, is not legally authorized to practice professional engineering orland surveying in this State according to the provisions of this act, who shall so practice or offerso to practice in this State, except as provided in section 14 of this act,1 or any personpresenting or attempting to file as his own the certificate of license of another, or who shall givefalse or forged evidence of any kind to the board, or to any member or representative thereof, inobtaining a certificate of license, or who shall falsely impersonate another licensed practitionerof like or different name, or who shall use or attempt to use an expired certificate of license, anunexpired and revoked certificate of license, or a certificate of license which is on a retiredstatus list, or who shall use either the title “”Engineer-in-Training’’ or “”Surveyor-in-Training’’without holding a valid certificate of registration issued by the board, or who shall otherwiseviolate any of the provisions of this act, shall be subject to a penalty of not more than $200.00for the first offense and not more than $500.00 for each and every subsequent offense. Thepenalties provided for by this section shall be sued for and recovered in civil actions by theState Board of Professional Engineers and Land Surveyors.
b. Pursuant to the provisions of the “”Building Design Services Act,’’ P.L.1989, c. 277 (C. 45:4B-1 et seq.) the board:
(1) May refer any complaint, question or controversy involving the application of that act tothe joint committee.
(2) Shall take no disciplinary action against any licensed architect alleged to have engaged ina violation of that act or the unlicensed practice of engineering.
(3) Shall refer a request for a declaratory ruling to the joint committee.
(4) Shall provide any and all documents in its possession regarding any matter referred to thejoint committee.
(5) Shall, when necessary and appropriate, exercise the investigation or enforcement powersconferred by law to aid and assist the joint committee in its functions.
(6) Shall, consistent with that act, discipline any professional engineer who, or businessassociation authorized to offer engineering services which, violates that act. Such a violation shall be deemed professional misconduct. Any violation of that act by an unlicensed individual or unauthorized business association shall be disciplined by theNew Jersey State Board of Architects pursuant to the provisions of P.L.1978, c. 73 (C.45:1-14 et seq.). Such a violation shall be deemed the unlicensed practice of architecture.However, the design of an engineering work by an unlicensed individual or unauthorizedbusiness association shall be disciplined by the State Board of Professional Engineers andLand Surveyors pursuant to the provisions of P.L.1978, c. 73 (C. 45:1-14 et seq.). Such aviolation shall be deemed the unlicensed practice of engineering.
c. No person, firm, partnership, association or corporation shall bring or maintain any action inthe courts of this State for the collection of compensation for services constituting the practiceof engineering or land surveying without alleging and proving that he was duly licensed inaccordance with this chapter at the time the alleged cause of action arose.
d. The Superior Court shall have jurisdiction of actions for penalties under this act.1N.J.S.A. § 45:8-40.
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45:8-40. Persons exempt
The following shall be exempted from the provisions of this chapter:
(1) A person not a resident of and having no established place of business in this State, practicing or offering to practice herein professional engineering or land surveying withinthe meaning and intent of this chapter, when such practice does not exceed in theaggregate 30 consecutive days in any calendar year; provided, such person is legally qualified by license to practice said professional engineering or land surveying in anyState or country in which the requirements and qualifications for a certificate of licenseare at least comparable to those specified in this chapter.
However, no final plans or reports may be submitted under this provision.
(2) A person not a resident of and having no established place of business in this State, or whohas recently become a resident thereof, practicing or offering to practice herein for morethan 30 days in any calendar year professional engineering or land surveying, if he shallhave filed with the board an application for a certificate of license and shall have paid thefee required by this chapter; provided, that such a person is legally qualified to practicesaid professional engineering or land surveying in any State or country in which the requirements and qualifications for obtaining a license are at least comparable to thosespecified in this chapter. Such exemption shall continue only for such time as the boardrequires for the consideration of the application for license certificate.
(3) An employee or a subordinate of a person holding a license under this chapter or anemployee of a person exempted from license by subsections (1) and (2) of this section;provided, this practice does not include responsible charge of design or supervision.
(4) Officers and employees of the Government of the United States while engaged within thisState in the practice of professional engineering or land surveying, for said government.
(5) The practice of engineering or land surveying solely as an officer or employee of acorporation engaged in interstate commerce as defined in an act of Congress entitled “Actto regulate commerce,’’ approved February 4, 1887, and as amended, unless the sameaffects public safety or health.
45:8-41. Licensed engineers and surveyors on public contracts or works required
Hereafter no county, city, town, township, village, borough or other municipal corporations orother political subdivisions in the State shall engage in the design, construction or maintenance of anypublic work involving professional engineering for which plans, specifications and estimates have notbeen made by and the construction and maintenance supervised by a licensed professional engineer ora registered architect, nor shall any county, city, town, township, village, borough or other municipalcorporation or other political subdivision in the State employ any person to perform work involvingland surveying except a licensed land surveyor.
45:8-42. Employment of licensed engineers by governmental departments
No department, institution, commission, board or body of the State Government, or of any politicalsubdivision thereof shall designate, appoint or employ an engineer or any person to be in responsiblecharge of professional engineering work other than a duly qualified professional engineer who hasbeen licensed by the State of New Jersey, prior to the designation, appointment or employment by suchdepartment, institution, commission, board or body of the State Government, or any politicalsubdivision thereof.
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Notwithstanding anything in this chapter to the contrary no professional engineer licensed in thisState prior to the passage of this chapter and holding an appointment by the State or by any department,institution, commission, board or body of the State Government, or any political subdivision thereof,shall be deprived of the right of reappointment to the same office or position or appointment to anyother office or position requiring similar qualifications.
45:8-43. Filing of name of engineer engaged by governmental departments; employmentof engineers and surveyors; inapplicability of chapter to corporations in field oftelecommunications
The clerk of such department, institution, commission, board or body of the State Government or ofany political subdivision thereof shall file with the secretary-director of the State Board of ProfessionalEngineers and Land Surveyors the name of any engineer designated, appointed or employed, within 30days after appointment. Where professional engineers or land surveyors are employed, subject to theprovisions of the civil service law, the appointment of any such person shall be understood to mean andinclude appointment after such person has been certified as having satisfactorily passed a civil serviceexamination. No person, firm, association or corporation engaged in engineering or land surveying,shall employ an engineer or land surveyor, in responsible charge of any work, within the meaning andintent of this act, other than a duly qualified professional engineer or land surveyor, who has beenlicensed pursuant to the provisions of this chapter, prior to such employment by the person, firm,association or corporation so engaged in engineering or land surveying; provided, however, that noth-ing in this chapter shall apply to any public utility as defined in chapter 2 of Title 48 of the RevisedStatutes, or any employee thereof or to any improvement or proposed improvement made by any suchpublic utility or by any employee of or any contractor or agent for said public utility.
Nothing in this chapter shall apply to a corporation or any of its affiliated companies any of whichare in the field of telecommunications or any employee thereof where either said corporation or any ofits affiliated companies is subject to the jurisdiction of the State Board of Public Utilities or the FederalCommunications Commission.
Nothing in this chapter shall apply to a corporation in the field of telecommunications, or to itsaffiliates, or any employees thereof in which the primary business is research and technicaldevelopment manufacturing or product design.
45:8-44. Repealed by L.1989, c. 276, § 12, eff. Jan. 8, 1990
45:8-44.1. Authority of land surveyors to go on, over and upon lands of others during reasonablehours
A person licensed to practice land surveying as provided in P.L.1938, c. 342 (C. 45:8-27 et seq.)and any of his agents, servants or employees under his direction who are necessary to make a landsurvey shall have the authority to go on, over and upon lands of others during reasonable hours whennecessary to make land surveys if:
a. The licensed professional land surveyor has made a reasonable attempt, as defined in thissection, to notify the owner of the land and, in the case of a lease, the lessee thereof, of hisdesire to enter on, over and upon the owner’s or lessee’s land to make a land survey and, theattempt having failed, the licensed professional land surveyor has given written notice, sevendays prior to the proposed entry, to the municipal police department of the municipality inwhich the land is located of his intention to enter, containing the names, addresses, andtelephone numbers of those who propose to enter the land and the date, time, duration, andlocation of the proposed entry; and
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b. The land or any part thereof, to which entry is sought, is not enclosed by a constructed ornatural barrier which is at least 6 feet in height or is not posted with signs or notices whichprohibit trespassing and contain the name and address of the owner or lessee of the land;
c. As used in this section, a “”reasonable attempt’’ to notify an owner or lessee means: an attemptto seek acknowledgment of the owner of the land and, in the case of a lease, the lessee thereof,by certified mail, return receipt requested, the attempt to be made a second time if unsuccessfulthe first time and a third time if unsuccessful the second time, each attempt to be made on aseparate business day.
45:8-44.2. Entry not trespass; immunity from arrest or civil action
Any entry under the right granted in this act shall not constitute trespass nor shall the licensedprofessional land surveyor or his agents, servants or employees be liable to arrest or civil action byreason of the entry.
45:8-44.3. Destruction, injury or damage to land; prohibition; liability
Nothing in this act shall be construed as giving the licensed professional land surveyor or hisagents, servants or employees any right to destroy, injure or damage the land or any person or propertyon the land of another. A licensed professional land surveyor or his agents, servants or employees shallbe liable for any such destruction, injury or damage which he is found to have caused to such persons,property or land.
45:8-44.4. Nonliability of owner or lessee of land
Neither the owner of the land nor the lessee thereof shall be liable to a licensed professional landsurveyor or his agents, servants or employees or any other person for any destruction, injury ordamage, which was not willfully or maliciously done by the owner or lessee, to property or personsresulting from the licensed professional land surveyor or his agents, servants or employees going on,over and upon such lands under the provisions of this act.
45:8-44.5. Inapplicability of act to lands traversed by operating railroad
This act shall not apply to lands traversed by an operating railroad.
45:8-45. Certificate and seal of licensed engineer, surveyor or architect on plans andspecifications on public work
No department, institution, commission, board or body of the State Government, or any politicalsubdivision thereof, being the depository or having the custody of any plan or specification involvingprofessional engineering, shall receive or file any such plan or specification unless there is affixedthereto the seal of a professional engineer licensed pursuant to the provisions of this chapter, or the sealof a registered architect thereon nor receive or file any plan involving land surveying unless there isaffixed thereto the seal of a land surveyor licensed pursuant to this chapter.
45:8-46. Repealed by L.1977, c. 340, § -6, eff. Jan. 25, 1978
45:8-47. Effect on other professions
This chapter shall not be construed to affect or prevent the practice of any other legally recognizedprofession. Nothing in this act shall be construed as prohibiting, regulating or interfering withpersons duly licensed under any laws of this State in the operation and maintenance of equipment and
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in the supervision of operation of steam power plants, portable machinery and equipment, andrefrigeration plants, or from engaging in such engineering activities as may be incident to suchoperating, maintenance or supervision as is customarily a part of the services rendered by such licensedpersons in the course of their employment.
45:8-48. Partial invalidity; construction of chapter
The provisions of this chapter are severable, and if any of the provisions hereof are heldunconstitutional the decision shall not be construed to impair any other provisions of this chapter. It ishereby declared as the legislative intent that this chapter would have been adopted had such unconsti-tutional provisions not been included herein.
45:8-49. Repealer
Chapter eight of Title 45 of the Revised Statutes is hereby repealed. All acts and parts of actsinconsistent herewith be and the same are hereby repealed and this act shall take effect immediately.
45:8-50 to 45:8-55. Repealed by L.1950, c. 149, § 20, eff. May 26, 1950
45:8-56. Certificate of authorization for corporations to offer professional engineering and landsurveying services; signature and seal on final documents
The board shall issue a certificate of authorization to certain corporations and those corporationsshall be authorized to offer professional engineering and land surveying services or both, as follows:
a. No corporation shall offer to provide engineering services in this State unless issued acertificate of authorization pursuant to this amendatory and supplementary act. This subsectionshall not apply to a professional service corporation established pursuant to the “”ProfessionalService Corporation Act,’’ P.L.1969, c. 232 (C. 14A:17-1 et seq.).
b. No corporation shall offer to provide land surveying services in this State unless issued acertificate of authorization pursuant to this act. This subsection shall not apply to a professionalservice corporation established pursuant to the “”Professional Service Corporation Act,’’P.L.1969, c. 232 (C. 14A:17-1 et seq.).
The certificate of authorization shall designate a New Jersey licensee or licensees who are inresponsible charge of the engineering or land surveying activities and decisions of the corporation. Allfinal drawings, papers or documents involving the practice of engineering or the practice of landsurveying, when issued by the corporation or filed for public record, shall be signed and sealed by theNew Jersey licensee who is in responsible charge of the work.
45:8-57. Application; contents; inclusion in biennial renewal; report of change in information
Prior to the issuance of a certificate of authorization, a corporation shall file with the board anapplication, on forms designated by the board, listing, where applicable, the name and address of thecorporation and its satellite offices, and the name, address and signature of all officers, corporate boardmembers, directors, principals and any licensees who shall be in responsible charge of the practice ofengineering or the practice of land surveying or both, through the corporation, together with such otherinformation as may be required by the board to ensure compliance with its regulations. The sameinformation shall accompany the biennial renewal fee. A change in any of this information shall bereported to the board within 30 days after the effective date of that change.
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45:8-58. Authority of board to review professional conduct of corporations; biennial renewal fee;suspension, revocation or denial of renewal of certificate; rules and regulations
The board shall have the authority to review the professional conduct of any corporation authorizedto offer engineering or land surveying services or both under the provisions of P.L.1989, c. 276 (C.45:8-56 et al.). In order to implement those provisions, the board may:
a. Establish by regulations adopted pursuant to the “”Administrative Procedure Act,’’ P.L.1968, c.410 (C. 52:14B-1 et seq.) a biennial renewal fee for the certificate of authorization.
b. Suspend, revoke, or refuse to renew the certificate of authorization of any corporation whoseagent, employees, directors or officers violate, or cause to be violated, any of the provisions ofP.L.1989, c. 276 (C. 45:8-56 et al.) or chapter 8 of Title 45 of the Revised Statutes pursuant tothe provisions of P.L.1978, c. 73 (C. 45:1-14 et seq.).
c. Adopt such rules and regulations as required to carry out the provisions of this act pursuant tothe “Administrative Procedure Act,’’ P.L.1968, c. 410 (C. 52:14B-1 et seq.).
45:8-59. Records of licensee
A licensee shall maintain such records as are reasonably necessary to establish that the licenseeexercised regular and effective supervision of professional services of which such licensee was inresponsible charge.
45:8-60. Responsibility of corporation for conduct or acts of its agents, employees or officers
No corporation shall be relieved of responsibility for the conduct or acts of its agents, employees orofficers by reason of compliance with the provisions of P.L.1989, c. 276 (C. 45:8-56 et al.).
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CHAPTER 8B. CONDOMINIUMS
46:8B-8. Method of creation
A condominium may be created and established by recording in the office of the county recordingofficer of the county wherein the land is located a master deed executed and acknowledged by allowners or the lessees setting forth the matters required by section 9 of P.L.1969, c. 257 (C.46:8B-9)and section 3 of P.L.1960, c. 141 (C.46:23-9.11). The provisions of the “”Condominium Act,’’ P.L.1969,c. 257 (C.46:8B-1 et seq.) shall apply solely to real property of interests therein which have beensubjected to the terms of P.L.1969, c. 257 as provided in this section.
46:8B-8.1. Establishment of condominium upon land held under lease
Nothing in the act to which this act is a supplement shall be construed to prevent the creation andestablishment of a condominium as defined in this act, upon land held under a lease by the lessee orcreator of the condominium, provided that the master deed required under this act shall be signed, notonly by the lessee, but also by the lessor of the land who holds the legal title to the land in fee simple.
46:8B-9. Contents of master deed
The master deed shall set forth, or contain exhibits setting forth the following matters:
(a) A statement submitting the land described in the master deed to the provisions of the“”Condominium Act,’’ P.L.1969, c. 257 (C.46:8B-1 et seq.).
(b) A name, including the word “”condominium’’ or followed by the words “”a condominium,’’by which the property shall thereafter be identified.
(c) A legal description of the land.
(d) A survey of the condominium property in sufficient detail to show and identify commonelements, each unit and their respective locations and approximate dimensions. The plansshall bear a certification by a land surveyor, professional engineer or architect authorizedand qualified to practice in this State setting forth that the plans constitute a correctrepresentation of the improvements described. The survey and plans shall constitute acondominium plan as defined in section 2 of P.L.1960, c. 141 (C.46:23-9.10).
(e) An identification of each unit by distinctive letter, name or number so that each unit maybe separately described thereafter by such identification.
(f) A description of the common elements and limited common elements, if any.
(g) The proportionate undivided interests in the common elements and limited commonelements, if any, appurtenant to each unit. These interests shall in each case be stated aspercentages aggregating 100%.
(h) The voting rights of unit owners.
(i) By-laws.
(j) A method of amending and supplementing the master deed, which shall require the recording of any amendment or supplement in the same office as the master deed beforeit shall become effective.
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(k) The name and nature of the association and if the association is not incorporated, thename and residence address, within this State of the person designated as agent to receiveservice of process upon the association.
(l) The proportions or percentages and manner of sharing common expenses and owningcommon surplus.
(m) Any other provisions, not inconsistent with the “”Condominium Act,’’ P.L.1969, c. 257(C.46:8B-1 et seq.), as may be desired, including but not limited to restrictions or limita-tions upon the use, occupancy, transfer, leasing or other disposition of any unit (providedthat any restriction or limitation shall be otherwise permitted by law) and limitations uponthe use of common elements.2
46:8B-10. Unit deeds and other instruments
A deed, mortgage, lease or other instrument pertaining to a unit shall have the same force and effectin regard to such unit as would be given to a like instrument pertaining to other real property which hasbeen similarly made, executed, acknowledged and recorded. A unit deed shall contain the following:
(a) The name of the condominium as set forth in the master deed, the name of the politicalsubdivision and county in which the condominium property is located and a reference tothe recording office, the book and page where the master deed and any amendment theretoare recorded.
(b) The unit designation as set forth in the master deed.
(c) A reference to the last prior unit deed conveying such unit, if previously conveyed.
(d) A statement of the proportionate undivided interest in the common elements appurtenantto such unit as set forth in the master deed or any amendments thereof.
(e) Any other matters, consistent with this act, which the parties may deem appropriate.
46:8B-11. Amendments to master deed
The master deed may be amended or supplemented in the manner set forth therein. Unlessotherwise provided therein, no amendment shall change a unit unless the owner of record thereof andthe holders of record of any liens thereon shall join in the execution of the amendment or execute aconsent thereto with the formalities of a deed. Notwithstanding any other provision of this act or themaster deed, the designation of the agent for service of process named in the master deed may bechanged by an instrument executed by the association and recorded in the same office as the masterdeed.
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CHAPTER 23. MAP OF LANDS; APPROVAL AND FILING
46:23-9.8. Effective date
This act shall take effect January first, one thousand nine hundred and fifty-four.
46:23-9.9. Short title
This act shall be known and may be cited as “the map filing law.’’
46:23-9.10. Definitions.
As used in this act:
a. “Map’’ means a map, plat, condominium plan, right of way parcel maps of the State, county ormunicipality, chart, or survey of lands presented for approval to the proper authority ashereinafter defined or presented for filing in accordance with the provisions of this act, but doesnot 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 properauthority 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 practiceprofessional 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 surveyingin 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 towhom 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 ormunicipality which shows highways, roads or street acquisitions and any associated easementsfor highway, road or street rights of way.
g. “Entire tract’’ means all of the property that is being subdivided including lands remaining aftersubdivision.
h. “Condominium plan’’ means a survey of the condominium property in sufficient detail to showand identify common elements, each unit and their respective locations and appropriatedimensions, 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 forththat 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 parceland easement acquisitions for part of a section of a highway, road or street project.
46:23-9.11. Requirements for approval
Requirements for Approval.
All subdivision plats, both major and where required minor, right of way 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-
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9.9 et seq.). Right of way parcel maps shall meet the requirements of subsections a. through d., subsec-tions f. through i., subsection m. and paragraph 12 of subsection r. of this section. Minor subdivisionmaps 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. throughc., subsections f. through i., and subsection m. of this section.
No map requiring approval by law or that is to be approved for filing with a county recordingofficer, 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 anoriginal drawing in black ink on translucent tracing cloth, translucent mylars at least 4 milsthick or its equivalent, of good quality, with signatures in ink, or as an equivalent reproductionon photographic fixed line mylar 4 mils thick with signatures in black ink or its equivalent andshall be accompanied by a cloth print or photographic fixed line mylar 4 mils thick duplicatethereof.
b. It shall be one of six standard sizes namely, 8 Ω” X 13”, 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 tocontain the entire territory, the map may be divided into sections to be shown on separate sheetsof equal sizes, with references on each sheet to the adjoining sheets.
c. It shall show the scale, which shall be inches to feet and be large enough to contain legiblywritten data on the dimensions, bearings and all other details of the boundaries, and it shall alsoshow the graphic scale.
d. It shall show the dimensions, square footage of each lot to the nearest square foot or nearest onehundredth 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 bound-aries shown thereon, including public easements and areas dedicated for public use. NonÑtangentcurves and non-radial lines shall be labeled. ÇRight of way parcel maps shall show bearings,distances and curve data for the right of way or the center line or base line and ties to right ofway lines if from a base line.
e. Where lots are shown thereon, those in each block shall be numbered consecutively. In munici-palities where tax maps exist, block and lot designations shall conform therewith, if the munici-pal regulations so require. In counties which have adopted or shall adopt the local or blocksystem of indices pursuant to sections 46:24-1 to 46:24-22 of the Revised Statutes, it shall havedelineated and shown thereon the block boundary or boundaries and designations establishedby the board of commissioners of land records of such counties respecting the territory in-tended to be shown on such map.
f. The reference meridian used for bearings on the map shall be shown graphically. The coordi-nate base, either assumed or based on the New Jersey Plane Coordinate System, shall be shownon the plat.
g. All municipal boundary lines crossing or adjacent to the territory intended to be shown shall beshown and designated.
h. All natural and artificial watercourses, streams, shorelines and water boundaries and encroach-ment lines shall be shown. On right of way parcel maps all easements that affect the right of
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way shall be shown and dimensioned, including but not limited to slope easements anddrainage.
i. All permanent easements shall be shown and dimensioned including but not limited to sightright easements and utility easements.
j. The map shall clearly show all monumentation as required by this act, including monumentsfound, monuments set, and monuments to be set. An indication shall be made wheremonumentation found has been reset. For purposes of this subsection “”found corners’’ shall beconsidered monuments. A minimum of three corners distributed around the tract shall indicatethe coordinate values. The outbound corner markers shall be set pursuant to regulationspromulgated by the State Board of Professional Engineers and Land Surveyors.
k. It shall conform to such other technical design controls as may be required by the provisions oflocal ordinances, including but not limited to minimum street widths, minimum lot areas andminimum 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 andcounty shall be shown.
m. The date of the survey shall be shown and the map shall be in accordance with the minimumsurvey detail requirements as promulgated by the State Board of Professional Engineers andLand 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 cor-ners marked, as promulgated by the State Board of Professional Engineers and Land Sur-veyors and has been made under my supervision, and complies with the provisions of“”the map filing law’’ and that the outbound corner markers as shown have been found, orset.
(Include the following, if applicable)
I do further certify that the monuments as designated and shown hereon have been set.
................................................................................................................................................
Licensed Professional Land Surveyor and No.
(Affix Seal)
(2) If the land surveyor who prepares the map is different than the land surveyor whoprepared the outbound survey, the following two certificates shall be added in lieu of thecertificate above.
I hereby certify to the best of my knowledge information and belief that this land surveydated has been made under my supervision and meets the minimum survey detailrequirements, with outbound corners marked, promulgated by the State Board ofProfessional Engineers and Land Surveyors and that the outbound corner markers as shownhave been found, or set.
.................................................................................................................
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Licensed Professional Land Surveyor and No.
(Affix seal)
I hereby certify that this map has been made under my supervision and complies with the provi-sions 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.
........................................................................................................................Licensed Professional Land Surveyor and No.
(Affix seal)
(3) If monuments are to be set at a later date, the following requirements and endorsementshall 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.) orlocal ordinance.
I certify that a bond has been given to the municipality, guaranteeing the future setting ofthe monuments shown on this map and so designated.
........................................................................................................................Municipal Clerk
(4) If the map is a right of way parcel map the project surveyor need only to certify that themonuments have been set or will be set.
o. There shall be endorsed thereon a certificate of the municipal engineer as follows:
I have carefully examined this map and to the best of my knowledge and belief find it conformswith the provisions of “”the map filing law’’ resolution of approval and the municipal ordinances and requirements applicable thereto.
........................................................................................................................Municipal Engineer
(Affix Seal)
p. There shall be submitted to the proper authority an affidavit setting forth the names andaddresses of all the record title owners of the lands subdivided by said map and the consent inwriting 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 acertificate 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 Stateof New Jersey or any of its agencies. The map shall show all of the street names as approved bythe municipality.
r. Monuments are required on one side of the right of way only and shall be of metal detectabledurable material at least 30 inches long. The top and bottom shall be a minimum of 4 inchessquare; if concrete, however it may be made of other durable metal detectable material
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specifically designed to be permanent, as approved by the State Board of Professional Engi-neers and Land Surveyors. All monuments shall include the identification of the professionalland surveyor or firm. They shall be firmly set in the ground so as to be visible at the followingcontrol points; provided that in lieu of installation of the monuments, the municipality mayaccept 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 gradingof 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 lineof any side of an existing street.
(2) At the intersection of the outside boundary of the whole tract with the right-of-way line onone 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, monu-ments shall be as stipulated in (3) and (4) of this subsection at one of the following controlpoints:
(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 1 side of any street.
(7) At the point of compound curvature or point of reversed curvature where either curve hasa radius equal to or greater than 100 feet. ÇComplete curve data as indicated in subsectiond. of this section shall be shown on both sides.
(8) At intermediate points in the sidelines of a street between 2 adjacent street intersections incases where the street deflects from a straight line or the line of sight between the adjacentintersections is obscured by a summit or other obstructions which are impractical to remove. This requirement may necessitate the setting of additional monuments at pointsnot mentioned above. Bearings and distances between the monuments or coordinate val-ues shall be indicated.
(9) In cases where it is impossible to set a monument at any of the above designated points, anearby reference monument shall be set and its relation to the designated point shall beclearly designated on the map; or the plate on the reference monument shall be stampedwith the word “”offset’’ and its relation to the monument shown on the filed map.
(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-setdata is recorded on the map.
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(11) 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 waythe use of the property by the landowner.
(12) On right of way parcel maps, the monuments shall be set at the points of curvature, pointsof tangency, points of reverse curvature and points of compound curvature or the controlbase 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 bound-ary of the newly created lot(s) with the right of way line of any side of an existing street.
46:23-9.12. Time for approval
The proper authority shall approve or disapprove such map within 45 days from the receipt thereof.
46:23-9.13. Approval of map by municipality not acceptance of roads, streets or highways
The approval of any map under this law by the proper authority shall in no way be construed asacceptance of any road, street or highway indicated thereon; nor shall any such approval in any wayobligate the State of New Jersey or any county or municipality therein, to maintain or exercise jurisdiction over such roads, streets or highways.
46:23-9.14. Prerequisites to filing
The county recording officer shall not accept for filing any map unless it has endorsed thereon acertificate signed and sealed with the municipal seal by the municipal clerk or secretary of the planningboard as the case may be, stating that the proper authority has approved the map or stating itsexemption from approval which certificate shall state that said map complies with the provisions ofthis law and shall designate the day on or before which said map is required to be filed by theprovisions of the applicable law and provided that said map is filed on or before said designated day.
Said map shall also comply with the provisions of section 3, paragraphs a. and b. of this act1 inorder to be accepted for filing..
1N.J.S.A. § 46:23-9.11.
46:23-9.15. Filing and indexing of maps, fee
The county recording officer of each county shall, when received by him for that purpose inaccordance with the provisions of this law file in folios, slides, cabinets or other receptacles, maps ofland lying in whole or in part in the county where the same are offered to be filed; provided that he shallretain the original tracing on translucent tracing cloth or its equivalent unmounted in an appropriate fileor container, for preservation and use for reproduction purposes only, prints of which may be madeavailable to the public at a reasonable cost. He shall endorse on the tracing and cloth print duplicate thedate of the filing thereof in his office, and he shall provide and keep a proper index of all maps on filein his office. The county recording officer shall, for filing and indexing each map receive such fee asmay be provided by law, except that when any map shall be presented for filing by the State of NewJersey, or any of its agencies no fee shall be charged for the filing thereof.
46:23-9.16. Repeals
Sections 1 to 6, both inclusive, of chapter 358 of the laws of 1953 entitled “”An act concerning theapproval and filing of maps, supplementing chapter 23 of Title 46, and repealing sections 46:23-1,46:23-2, 46:23-3, 46:23-4, 46:23-5, 46:23-6, 46:23-7, 46:23-8 and 46:23-9, of the Revised Statutes’’
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(approved August 10, 1953, P.L.1953, c. 358)1 are hereby repealed.
1N.J.S.A. §§ 46:23-9.1 to 46:23-9.6.
46:23-9.17. Filing of right of way parcel maps; project bids advertised on or before July 1, 2001
a. The provisions of P.L.1997, c. 211 shall not apply to the filing of any right of way parcel map inconnection 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 publi-cation for the solicitation of bids for work and material for a highway, road or street project. Theprovisions 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 municipal-ity showing acquisitions and associated easements for projects for which construction bids areadvertised on or prior to July 1, 2001 may be filed with the county recording officer at any timewithout meeting the requirements of P.L.1997, c. 211, so long as certification as to the date ofthe 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 aright of way parcel map.
d. The scale of the maps and the dimensions depicted upon right of way parcel maps may be inMetric or English at the discretion of the preparer.
e. In addition to sizes set forth in P.L. 1997, c. 211, a map size of 22 inches by 36 inches shall beacceptable for right of way parcel maps.
46:23-9.18. Exemption for projects with final municipal approval
The provisions of P.L.1997, c. 211 shall not apply to the filing of any subdivision plat that wasgranted final approval by a municipal approving authority pursuant to the “Municipal Land Use Law,”P.L.1975,c.291 (C.40: 55D-1 et seq.) on or prior to July 1, 1999.
46:23-10. Duplicates of maps in cities having atlases or block maps filed with recording officerand transmitted to proper city officer
Whenever any map of lands situate in any city of this state that has or may have an atlas, or blockmap, upon which shall be plotted the lots or subdivisions of lots of lands, is filed in the office of thecounty recording officer, or other officer, whose duty it is to record and file such maps, the person filingthe same shall file a duplicate thereof, and the officer receiving such map shall indorse on suchduplicate the time of recording and filing the original and deliver such duplicate to the officer of suchcity having charge of such city atlas or block map.
This section shall have no application to maps filed by commissioners appointed to assess benefitsderived from the construction of sewers, drains or other municipal improvements.
46:23-11. Approval and filing of duplicates of maps identical with maps already filed except as tostyle or title thereof; effect
Whenever there has been or may be duly filed in the office of the county recording officer in anycounty maps of lands, and there have been made duplicate copies thereof, which copies have beendelineated identically with the maps so filed, except for the style or title thereof, and such duplicate
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maps have not been filed in the office of such county recording officer, and there have been madeconveyances of lands, or interests therein, and other instruments of similar nature, under which thelands intended to be conveyed or liened, have been described by reference to such unfiled map, thegoverning body of any municipality within this state and located in any such county may provide forthe filing of a duplicate of such map delineated identically with the filed map, even though the title orstyle of the map may be in different form from the filed map approved by such municipality in themanner prescribed by law; but any such approval and filing shall not constitute a dedication of thestreets or lot locations as therein delineated; and any such approval and filing of any such map shall bemerely for the identification of the lands theretofore conveyed or liened, which approval shall be statedin the resolution adopted by the governing body approving such maps.
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CHAPTER 40
STATE BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS
SUBCHAPTER 1. TITLE BLOCKS AND SEALS FOR PROFESSIONAL ENGINEERS AND LANDSURVEYORS
13:40-1.1. Sealing documents
(a) All sealing of documents shall be done with an impression type-seal. Alternatives such asdigital seals or rubber stamp facsimiles of the seal shall not be permitted.
(b) The application of a signature and seal to documents relating to the practice of profes-sional engineering and/or land surveying shall indicate that the licensee has providedregular and effective supervision to those individuals performing services which directlyand materially affect the quality and competence of the engineering or land surveyingwork rendered.
1. The following documents shall be signed and sealed:
i. Maps, plats, reports, descriptions, plans, design specifications, certifications or simi-lar documents; and
ii. Shop drawings for the construction of buildings, structures and related equipment, orfor other purposes, the preparation of which requires engineering calculations and/orengineering input. Catalog information and standard product information shall beexempt from the requirements of this section.
(c) The signature and/or seal signifies that the licensee takes professional responsibility forthe document based upon the accepted standards of practice in place at the time thedocuments were sealed.
(d) Where the document includes the work of more than one professional, each professionalshall sign and seal the document with clear reference to the work that he/she hasperformed. See N.J.A.C. 13:40-1.6 for title block requirements.
(e) A licensee shall not affix a signature and/or seal to documents constituting the practice ofthe profession regulated which have been prepared by another person unless such workwas performed under the direction and supervision of the licensee.
(f) Incomplete and/or all draft plans, documents and sketches, whether advanced or preliminary copies, shall be conspicuously identified and may be signed but shall not besealed.
13:40-1.2. Title block on drawings; forms; removal
(a) Every licensee shall provide a title block on all drawings (except renderings), and similarinformation on the title page of all specifications and reports constituting the practice ofthe profession.
(b) The title block shall be in such form as the Board may adopt or approve.
(c) Such title block shall be distinct and separate from any other title block, plaque, or anysimilar device of illustration or lettering.
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(d) The title block shall be lettered on the drawing in such a manner as to reproduce clearly onall prints and reproductions thereof.
(e) No person shall remove a title block from any manually drafted or digital drawing, orfrom any print or reproduction for any reason.
13:40-1.3. Title block contents
(a) The title block shall contain:
1. The name and location of the project;
2. The name of the engineering or land surveying individual firm, partnership, corporation,professional association or professional service corporation;
3. The full name and certificate number of the person(s) in responsible charge;
4. The title “”professional engineer’’ and/or “”land surveyor’’ spelled out;
5. The manually handwritten signature of the person(s) in responsible charge and the date whensigned; and
6. If applicable, the certificate of authorization number as required by N.J.S.A. 45:8-56.
(b) An appropriate title block shall be provided on a site plan which shall be included in anyset of drawings of a building project. Any plan including land surveying data must alsobear the title block or identity of the land surveyor who performed the land surveyingwork.
(c) The title block may contain the initials of the draftsmen or checker, and dates, drawingnumbers, revision numbers and such similar incidental items are as customary inpracticing engineers’ or land surveyors’ offices, provided that the name of the person(s) inresponsible charge is readily discernible from the other information on the document andcontained within the heavy borderline of the title block.
13:40-1.4. Proposed title block form
Any licensee may submit a proposed form of title block to the State Board of ProfessionalEngineers and Land Surveyors for approval.
13:40-1.5. Title block use for professional engineer and land surveyor work project
In the event the project contains the work of both a professional engineer and land surveyor, anyindividual licensed in both professions may use the title “”professional engineer and land surveyor’’which shall be spelled out in one title block.
13:40-1.6. Subtitle block of independent professional
If a project includes the work of any other licensed professional, not under the immediate supervi-sion of the licensee in responsible charge and not otherwise identified in accordance with N.J.A.C.13:40-7, a subtitle block of that professional firm or individual must appear on all plans involving thatprofession.
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SUBCHAPTER 2. APPLICATION REQUIREMENTS
13:40-2.1. Application submission
(a) An applicant for licensure shall file with the Board the following:
1. A completed application, typewritten and notarized;
2. Supplemental documents as required by N.J.A.C. 13:40-2.4 through 2.7 for engineer-in-train-ing, professional engineer, surveyor-in-training, and land surveyor, respectively;
3. The appropriate fee required by N.J.A.C. 13:40-6.1(a)1; and
4. References pursuant to N.J.A.C. 13:40-2.13.
(b) The materials required by (a) above shall be postmarked and sent to the Board office bythe deadline prescribed in the application packet for an applicant to be considered eligiblefor admission to the next regularly scheduled examination. The applicant shall beresponsible to verify the receipt of all the required materials by the Board office.
(c) The application shall be reviewed only upon receipt of all the required materials.
13:40-2.2. Failure to timely submit application
An application and other required materials as set forth in N.J.A.C. 13:40-2.1(a) that are not post-marked by the prescribed deadline shall not be reviewed for the next scheduled examination. Theapplication shall be held and reviewed for the subsequent scheduled examination, provided that all therequired materials are postmarked and sent to the Board office by the deadline prescribed for thatexamination.
13:40-2.3. Cancellation of application; reapplication
(a) All applications to take an examination for licensure submitted after May 15, 2000 shallbe valid for five years from the date of initial Board approval; after five years, the appli-cation shall be canceled.
(b) An applicant whose application has been canceled may reapply and shall satisfy the eligi-bility requirements of the rules applicable at the time of the new application. Once thereapplication is approved, the application shall be deemed valid for five years from thedate of reapproval.
(c) Upon reapplication, the applicant shall have postmarked and sent to the Board by thedeadline prescribed in the new application packet a new application, the appropriate feesas required pursuant to N.J.A.C. 13:40-6.1(a)1, all required materials as set forth in N.J.A.C.13:40-2.1(a), and a letter referencing any application number previously assigned by theBoard.
13:40-2.4. Engineer-in-training: application procedure; eligibility requirements
(a) An applicant for a certificate of registration as an engineer-in-training shall submit thefollowing to the Board:
1. A completed application which contains information concerning the applicant’s educationaland experiential background;
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2. The application fee set forth in N.J.A.C. 13:40-6.1(a)1;
3. An official transcript indicating the applicant has satisfied the educational requirements setforth in N.J.A.C. 13:40-2.8;
4. References as set forth in N.J.A.C. 13:40-2.13; and
5. For an applicant who has received an undergraduate degree from a country where the officiallanguage is other than English, proof that the applicant has satisfied the language comprehen-sion requirement set forth in N.J.A.C. 13:40-2.14.
(b) An applicant in his or her senior year of college pursuing either a degree in engineering orengineering technology shall be permitted to sit for the Part F portion of the examinationif:
1. The applicant meets the educational standards as set forth in N.J.A.C. 13:40-2.8;
2. The Board receives a letter from the applicant’s school indicating that the applicant is currentlyenrolled as a senior in good academic standing;
3. The Board receives an official transcript from the applicant’s school indicating the coursescompleted by the applicant to date;
4. The Board receives references as set forth in N.J.A.C. 13:40-2.13; and
5. For an applicant who has received his or her undergraduate degree from a country where theofficial language is other than English, the Board receives proof that the applicant has satisfiedthe language comprehension requirement set forth in N.J.A.C. 13:40-2.14.
(c) To be eligible to sit for the fundamentals of engineering examination, an applicant whohas received an engineering degree from a college or university not located in the UnitedStates shall have two years of professional engineering experience which has been gainedunder the regular and effective supervision of a licensed engineer in the United States.
13:40-2.5. Professional engineer: application procedure; eligibility requirements
(a) An applicant for examination as a professional engineer shall submit the following to theBoard:
1. A completed application which contains information concerning the applicant’s educationaland experiential background;
2. The application fee set forth in N.J.A.C. 13:40-6.1(a)1;
3. An official transcript indicating the applicant has satisfied the educational requirements setforth in N.J.A.C. 13:40-2.8;
4. References as set forth in N.J.A.C. 13:40-2.13; and
5. For an applicant who has received his or her undergraduate degree from a country where theofficial language is other than English, proof that the applicant has satisfied the languagecomprehension requirement set forth in N.J.A.C. 13:40-2.14.
(b) To be eligible for licensure, the applicant shall have successfully passed the three-partexamination for licensure consisting of:
1. Part F—Fundamentals of Engineering;
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2. Part P—Principles and Practices of Engineering (this portion of the examination shall be takenafter the applicant satisfies the experience requirements set forth in N.J.A.C. 13:40-2.10); and
3. The New Jersey Law portion.
(c) If the applicant is seeking licensure by comity, in addition to meeting the requirements in(a) above, the applicant shall also:
1. Submit proof of successful completion of the examination requirements set forth in (b) above;and
2. Comply with the requirements set forth in N.J.A.C. 13:40-.16.
13:40-.6. Surveyor-in-training; application procedure; eligibility requirements
(a) An applicant for a certificate of registration as a surveyor-in-training shall submit thefollowing to the Board:
1. A completed application which contains information concerning the applicant’s educationaland experiential background;
2. The application fee set forth in N.J.A.C. 13:40-6.1(a)1;
3. An official transcript indicating the applicant has satisfied the educational requirements setforth in N.J.A.C. 13:40-2.9;
4. References as set forth in N.J.A.C. 13:40-2.13; and
5. For an applicant who has received an undergraduate degree from a country where the officiallanguage is other than English, proof that the applicant has satisfied the languagecomprehension requirement set forth in N.J.A.C. 13:40-2.14.
(b) An applicant in their senior year of college pursuing a degree in land surveying shall bepermitted to sit for the Part F portion of the examination if:
1. The applicant meets the educational standards as set forth in N.J.A.C. 13:40-2.9;
2. The Board receives a letter from the applicant’s school indicating that the applicant is currentlyenrolled as a senior in good academic standing;
3. The Board receives an official transcript from the applicant’s school indicating the coursescompleted by the applicant to date;
4. The Board receives references as set forth in N.J.A.C. 13:40-2.13; and
5. For an applicant who has received an undergraduate degree from a country where the officiallanguage is other than English, the Board receives proof that the applicant has satisfied thelanguage comprehension requirement set forth in N.J.A.C. 13:40-2.14.
(c) To be eligible to sit for the fundamentals of land surveying examination, an applicant whohas received a land surveying degree from a college or university not located in the UnitedStates shall have two years of professional land surveying experience which has beengained under the regular and effective supervision of a land surveyor licensed in the UnitedStates.
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13:40-2.7. Land surveyor; application procedures; eligibility requirements
(a) An applicant for licensure as a land surveyor shall submit the following to the Board:
1. A completed application which contains information concerning the applicant’s educationaland experiential background;
2. The application fee set forth in N.J.A.C. 13:40-6.1(a)1;
3. An official transcript indicating the applicant has satisfied the educational requirements setforth in N.J.A.C. 13:40-2.9;
4. References as set forth in N.J.A.C. 13:40-2.13; and
5. For an applicant who has received his or her undergraduate degree from a country where theofficial language is other than English, proof that the applicant has satisfied the language com-prehension requirement set forth in N.J.A.C. 13:40-2.14.
(b) To be eligible for licensure, an applicant shall have successfully completed the four-partexamination consisting of:
1. Part F—Fundamentals of Land Surveying;
2. Part P—Principles and Practices of Land Surveying (this portion of the examination shall betaken after the applicant satisfies the experience requirements set forth in N.J.A.C. 13:40-2.11);
3. The New Jersey State specific examination (this portion of the examination shall be taken afterthe applicant satisfies the experience requirements set forth in N.J.A.C. 13:40-2.11); and
4. The New Jersey law portion.
(c) If the applicant is seeking licensure by comity, in addition to meeting the requirements in(a) above, the applicant shall also comply with the requirements set forth in N.J.A.C.13:40-2.16 and submit proof that the applicant has successfully passed the examinationfor licensure consisting of the materials set forth in (b) above.
13:40-2.8. Education requirements: engineer-in-training and professional engineer
(a) Each applicant shall provide the Board with an official transcript reflecting the degree(s)earned by the applicant. The transcript must be sent directly from the educational institu-tion to the Board and must include the Board-assigned application number of the applicant.
(b) Engineering curriculum shall not be accepted for licensure unless approved by the Boardand shall consist of the following minimum requirements:
1. 128 semester hours, 80 of which shall consist of:
i. 32 semester hours of a combination of mathematics and basic sciences;
ii. 32 semester hours of engineering sciences;
iii. 16 semester hours of engineering design.
2. For purposes of conversion, one semester hour equals 1.5 quarter hour credits.
(c) Engineering technology curriculum shall not be accepted for licensure unless approvedby the Board and shall consist of the following minimum requirements:
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1. 124 semester hours which shall consist of:
i. 48 semester hours of technical science courses in the specialty section, for example,mechanics, strength materials, hydraulics, engineering graphics, surveying, soils andfoundations, computer technology, engineering materials;
ii. 24 semester hours of basic science and mathematics inclusive of the following courses:physics, including the appropriate laboratory exercises; analytical chemistry,including the appropriate laboratory exercises; analytical geometry; applied differ-ential and integral calculus; thermodynamics; and
iii. The balance of hours shall be designed to achieve an integrated and well roundedtechnology degree, including design sequences in a major technology area appropri-ate to bachelor degree program needs, that is, electrical, mechanical, construction/civil technology degrees.
(d) An applicant who has attended an educational institution not located in the United Statesshall have his or her degree evaluated by a transcript review service selected and ap-proved by the Board. Reviews by other services other than those selected and approvedby the Board shall not be accepted.
(e) Transcripts shall be sent directly from the applicant’s school and shall contain an officialregistrar’s seal.
(f) An applicant with a non-United States degree who has documented that due to political oreconomic sanctions the applicant is unable to have the transcript sent directly from theschool to the Board or its designee shall submit his or her original transcript to theBoard-approved transcript review service. The applicant shall also provide a literal, ver-batim English translation, certified to be accurate by a certified translator. The applicantshall also comply with all information requests by the Board-approved transcript reviewservice.
13:40-2.9. Education requirements: land surveyor-in-training; land surveyor
(a) Each applicant shall provide the Board with an official transcript reflecting the degree(s)earned by the applicant. The transcript shall be sent directly from the educational institu-tion to the Board and shall include the Board assigned application number of theapplicant.
(b) Land surveying curriculum shall not be accepted for licensure unless approved by theBoard and shall consist of the following minimum requirements:
1. One hundred twenty-eight semester hours which shall consist of:
i. Forty-five semester hours in surveying and mapping science and practice;
(1) The following topics shall be incorporated in the surveying and mapping science requirements: field surveying/data collection, instrumentation and methods,measurement data reduction and data adjustment (least squares), geodesy, geodetic positioning/orientation and Global Positioning System (GPS), Geographic InformationSystem (GIS), Land Information System (LIS), photogrammetry and remote sensing, mapprojection and coordinate systems;
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(2) The following topics shall be incorporated in the surveying and mapping practicerequirements and shall constitute a minimum of 15 of the required 45 semester hours. Ofthese required 15 semester hours, nine semester hours shall be spent on design and fieldexercises in the above mentioned course materials, legal systems and legal research. Sixsemester hours shall be spent on cadastral or boundary surveying;
ii. Twenty-four semester hours of math, statistics and general science; and
iii. Nine semester hours of communication (writing and/or speech).
2. For purposes of conversion, one semester hour equals 1.5 quarter hour credits.
(c) Any applicant who has attended an educational institution not located in the United Statesshall have their degree evaluated by a transcript review service selected and approved bythe Board. Reviews by services other than those selected and approved by the Board shallnot be accepted.
(d) Transcripts shall be sent directly from the applicant’s school and shall contain an officialregistrar’s seal.
(e) An applicant with a non-United States degree who has documented that due to political oreconomic sanctions the applicant is unable to have the transcript sent directly from theschool to the Board or its designee shall submit an original transcript to the Board-approved transcript review service. The applicant shall also provide a literal, verbatimEnglish translation, certified to be accurate by a certified translator. The applicant shallalso comply with all information requests by the Board-approved transcript reviewservice.
13:40-2.10. Experience requirements; professional engineer
(a) An applicant for a professional engineering license who is applying to sit for theprinciples and practices exam shall have four years of professional experience that theBoard determines is consistent with the requirements of N.J.S.A. 45:8-28(b) which shallbe gained under the regular and effective supervision of a licensed professional engineer.
1. Two years of professional experience shall be gained in the United States; and
2. Two years of professional experience shall be original engineering design experience that theBoard determines has demonstrated increased responsibility and increased technical expertiseover time.
(b) Completion of a master’s degree in engineering may be substituted for one year of therequired professional experience required by (a)1 above.
1. A master’s degree in engineering shall not be substituted for the original engineering designexperience required by (a)2 above.
(c) Completion of a doctorate degree in engineering may be substituted for an additional yearof the required professional experience required by (a)1 above.
1. A doctorate degree in engineering shall not be substituted for the original engineering designexperience required by (a)2 above.
(d) Experience prior to graduation from a Board approved program will be evaluated by theBoard on a case-by-case basis if experience is gained under the regular and effective
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supervision of a licensed professional engineer, and if the applicant has passed the appropriate technical courses needed to perform the work experience.
(e) All information submitted to the Board shall be legible and placed on forms provided bythe Board.
13:40-2.11. Experience requirements; land surveyor
(a) An applicant for a land surveying license shall obtain at least three years of experiencethat the Board determines is consistent with the requirements of N.J.S.A. 45:8-28(e) whichshall be original land surveying experience that the Board determines has demonstratedincreased responsibility and increased technical expertise over time. All experience shallbe gained in the United States under the regular and effective supervision of a licensedland surveyor.
(b) Completion of a master’s degree in land surveying may be substituted for one year of therequired professional experience.
(c) Completion of a doctorate degree in land surveying may be substituted for an additionalyear of the required professional experience.
(d) Experience prior to graduation from a Board approved program shall be evaluated by theBoard on a case-by-case basis if experience is gained under the regular and effectivesupervision of a licensed land surveyor, and if the applicant has passed the appropriatetechnical courses needed to perform the work experience.
(e) All information submitted to the Board shall be legible and placed on forms provided bythe Board.
13:40-2.12. Waiver of the fundamentals of engineering examination
The Board may waive the fundamentals of engineering portion of the licensure examinationprovided that, in addition to the education requirements at N.J.A.C. 13:40-2.8, the applicant has aspecific record of an additional 15 years or more of experience at the time of application in engineeringwork that the Board determines is consistent with the requirements of N.J.S.A. 45:8-28(b). Eight of the15 years of experience must have been gained in the United States or must have been acquired whileworking for a United States based firm. At least two years of experience gained in the United Statesshall be original engineering design experience demonstrating increased responsibility over time. Allexperience shall be gained under the regular and effective supervision of a licensed professionalengineer.
13:40-2.13. References
(a) The following provisions apply in the submission of references:
1. References will not be accepted from relatives of the applicant.
2. No current Board member shall be used as a reference.
3. All reference forms must contain the applicant’s Board assigned number.
4. No references over one year old will be accepted.
5. References shall attest whether the applicant is qualified to be placed in responsible charge.
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(b) References for specific applications shall be provided as follows:
1. Engineer-in-training applicants: A minimum of three references shall be required, of whom atleast one shall be a licensed professional engineer in the United States and have personal knowl-edge of the applicant’s experience or training.
2. Professional engineer applicants: A minimum of five references shall be required, of which atleast three shall be licensed professional engineers in the United States having direct personalknowledge of the applicant’s experience or training. The professional references for that por-tion of the applicant’s experience constituting the minimum experience required for licensureshall be professional engineers who were in responsible charge of that minimum experience. Ifthe number of experience engagements necessary to constitute the minimum experience re-quires more than three professional references to confirm such experience, such additionalprofessional references shall be required. Special circumstances may be considered by the Boardat the time of application in such cases where a licensed professional engineer in responsiblecharge of the work being claimed by the applicant is not available.
3. Surveyor-in-training applicants: A minimum of three references shall be required of whom atleast one shall be a licensed land surveyor in the United States and have personal knowledge ofthe applicant’s experience or training.
4. Professional land surveyor applicants: A minimum of five references shall be required, of whichat least three shall be licensed professional land surveyors in the United States having directpersonal knowledge of the applicant’s experience or training. The professional references forthat portion of the applicant’s experience constituting the minimum experience required forlicensure shall be licensed professional land surveyors who were in responsible charge of thatminimum experience. If the number of experience engagements necessary to constitute theminimum experience requires more than three professional references to confirm such experi-ence, such additional professional references shall be required. Special circumstances may beconsidered by the Board at the time of application in such cases where a licensed professionalland surveyor in responsible charge of the work being claimed by the applicant is not available.
13:40-2.14. Language comprehension requirement
(a) Any applicant who received an undergraduate degree from a country where the officiallanguage is other than English, prior to taking the examination shall submit to the Boarda TOEFL (Test of English as a Foreign Language) certificate with a minimum score of233 or its equivalent and a TSE (Test of Spoken English) with a minimum score of 50 orits equivalent. This test shall have been taken within two years of application.
(b) The following applicants shall be exempt from the requirements of (a) above:
1. An applicant who is an American citizen at the time of obtaining his or her undergraduatedegree from a college or university in a country where the official language is other thanEnglish;
2. An applicant who has received an undergraduate degree from a foreign country where theofficial language is English; or
3. An applicant who has received a graduate degree from a college or university located in theUnited States.
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13:40-2.15. Scheduling of examination
(a) Upon the timely submission of an application and all supplemental materials as requiredby N.J.A.C. 13:40-2.1, including references and fees, the application shall be reviewed. Ifthe application and supplemental materials satisfy the requirements of this subchapter,the applicant shall be permitted to take the licensing examination.
(b) Upon finding an applicant qualified to sit for an examination, the Board shall forward apacket to the applicant advising that the applicant is eligible to take the examination onone of two dates specified within the packet. The applicant shall choose one of the twodates, so indicate in the materials sent by the Board, and return the completed material tothe Board along with the examination fee as required by N.J.A.C. 13:40-6.1(a)2. Thechoice of examination date must be postmarked and mailed to the Board office by thedeadline specified in the packet.
13:40-2.16. Comity
(a) Comity licensure pursuant to N.J.S.A. 45:8-35(1)(e) and 2(d) shall be granted providedthat education, experience, and examination requirements for licensure by the issuingagency are comparable to the requirements of the State of New Jersey at the time of theapplicant’s initial licensure. For purposes of comity licensure, N.J.S.A. 45:8-27 et seq.does not contain an eminence or grandfather clause, nor provide reciprocity with anystate, territory or country.
(b) The out-of-State license relied upon by an applicant for purposes of comity licensure inNew Jersey must be current and in good standing. In the case of multiple state licensure,all out-of-state licenses obtained prior to applying for comity licensure in New Jerseymust be in good standing whether active or inactive, in order for licensure pursuant toN.J.S.A. 45:8-35(1) (e) and (2)(d) to be granted.
(c) A record book from the National Council of Examiners for Engineering and Surveying(NCEES) shall be acceptable to the Board only if it is sent directly to the Board officefrom the National Council of Examiners for Engineering and Surveying. The applicantshall complete the personal data portion of the Board application form in its entirety. Therecord book shall meet the following requirements:
1. The book shall be labeled with the application number;
2. References over one year old will not be accepted; and
3. All references and transcripts shall be submitted to the Board in conformance with N.J.A.C.13:40-2.4 through 2.13.
13:40-2.17. Review of examination
(a) An applicant who has taken the fundamentals of engineering examination, fundamentalsof land surveying examination, or the principles and practices of engineering and/or landsurveying and the New Jersey Land Surveying examination, may request that his or herexamination be hand-scored and review the score tabulations of the examination. Theapplicant may not personally review the exams.
(b) An applicant who has taken the principle and practices examination may request to review his or her solution pamphlet and the correct solution answers. The applicant maynot retain or photocopy any of the materials provided during the review of theexamination.
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(c) All requests for scoring or review must be made in writing within 30 days of the postmarkof the scores mailed to the applicant.
(d) An applicant may not appeal, or request a re-evaluation of any examination.
SUBCHAPTER 3. MISCONDUCT
13:40-3.1. Enumeration of prohibited acts
(a) Misconduct in the practice of professional engineering or land surveying shall include,without limitation:
1. Acting for his or her client or employer in professional matters otherwise than as a faithfulagent or trustee; accepting any remuneration other than his or her stated recompense for ser-vices rendered.
2. Disregarding the safety, health and welfare of the public in the performance of his or her profes-sional duties: preparing or signing and sealing plans, surveys or specifications which are not ofa safe design and/or not in conformity with accepted standards. If the client or employer insistson such conduct, the licensee shall notify the proper authorities and withdraw from furtherservice on the project.
3. Advertising his work or merit using claims of superiority which cannot be substantiated.
4. Engaging in any activity which involves him in a conflict of interest, including withoutlimitation:
i. A licensee shall inform his client or employer of any business connection, interest orcircumstance which might be deemed as influencing his judgment or the quality ofhis services to the client or employer.
ii. When in public service as a member, advisor or employee of a governmental agency,a licensee shall not participate in the deliberations or actions of such agency withrespect to services rendered or to be rendered by the licensee or any firm ororganization with which he is associated in private practice.
iii. A licensee shall not solicit or accept a professional contract from a governmentalagency upon which a principal, officer or employee of his firm or organization servesas a member, advisor or employee.
iv. A licensee shall not accept compensation or remuneration, financial or otherwise,from more than one interested party for the same service or for services pertaining tothe same work, unless there has been full disclosure to and consent by all interestedparties.
v. A licensee shall not accept compensation or remuneration, financial or otherwise,from material or equipment suppliers for specifying their product.
vi. A licensee shall not accept commissions or allowances, directly or indirectly, fromcontractors or other persons dealing with his client or employer in connection withwork for which he is responsible to the client or employer.
5. Affixing his or her *signature and* seal to any plans, specifications, plats or reports or surveyswhich were not prepared by him or her or under his or her supervision by his or her employeesor subordinates.
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6. Failure to comply with Federal, state or local laws, rules or regulations relating to the practiceof the profession.
7. Permitting or allowing any person not appropriately licensed pursuant to N.J.S.A. 45:8-27 toact for or on behalf of the licensee as his representative, surrogate or agent while appearingbefore any public or private body for the purpose of rendering professional engineering or landsurveyor services.
8. Failure to determine and document the identity of the client prior to commencing any work. Allcorrespondence, contracts, bills shall be addressed to that client, unless expressly directedotherwise, in writing, by the client.
9. Failure to keep a client reasonably informed about the status of a matter and promptly complywith reasonable requests for information.
10. Failure to explain a matter to the extent reasonably necessary to permit the client to makeinformed decisions.
11. Failure of a licensee to respond in writing within 30 days to a written communication from theBoard of Professional Engineers and Land Surveyors with respect to any investigative inquiryrelating to the possible violation of any statute or regulation administered by the Board, and tomake available any relevant records with respect to such an inquiry. The 30 day period shallbegin on the day when such communication was sent from the Board by certified mail withreturn receipt requested to the address appearing on the last registration.
12. Rendering engineering or land surveying services and/or professional opinions when notqualified by training, education, and experience in the specific discipline of professionalengineering and/or land surveying that is involved.
13. Engaging in any activity which results in suspension, revocation or surrender of a professionallicense or certification in another jurisdiction.
If a licensee has knowledge or reason to believe that another person or firm may be in violation ofor has violated any of the statutes or rules administered by the Board of Professional Engineers andLand Surveyors, he or she shall present such information to the Board in writing and shall cooperatewith the Board in furnishing such information or assistance as may be required by the Board.
SUBCHAPTER 4.GENERAL PROVISIONS
13:40-4.1 Notification of change of address; service of process
(a) A licensee of the Board of Professional Engineers and Land Surveyors shall notify the Board inwriting of any change of address from that currently registered with the Board and shown on the mostrecently issued certificate. Such notice shall be sent to the Board by certified mail, return receipt requested,not later than 30 days following the change of address.
1. All addresses of licensees shall contain street names and numbers. Post office box numberswithout street addresses shall not be acceptable.
(b) Failure to notify the Board of any change of address pursuant to (a) above may result indisciplinary action in accordance with N.J.S.A. 45:1-21(h).
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(c) Service of an administrative complaint or other Board-initiated process at a licensee’saddress currently on file with the Board shall be deemed adequate notice for the purposeof N.J.A.C. 1:1-7.1 and the commencement of any disciplinary proceedings.
13:40-4.2. Scope of practice; home inspections
(a) An engineer licensed by the Board of Professional Engineers and Land Surveyors mayapply to the Board for certification of eligibility for licensure as a home inspector.
(b) The licensed professional engineer shall submit to the Board an application provided bythe Board and the application fee in the amount set forth at N.J.A.C. 13:40-15.23. Thelicensed professional engineer shall document through submission of the application thatthe engineer possesses the requisite training, education and experience to conduct homeinspections specifically related to the following systems and components:
1. Structural components;
2. Exterior components;
3. Roofing system;
4. Plumbing system;
5. Electrical system;
6. Heating system;
7. Cooling system;
8. Interior component system;
9. Insulation system;
10. Ventilation system;
11. Fireplace system;
12. Solid fuel burning appliances or systems; and
13. Related residential housing component systems.
(c) The Board shall review the qualifications of the licensed professional engineer todetermine whether the engineer is qualified to perform a home inspection pursuant to therequirements of (b) above. If the Board determines that the applicant is qualified toperform home inspections, the Board shall refer the application to the Home InspectionAdvisory Committee which shall issue a home inspector license to the engineer in accor-dance with the requirements of N.J.A.C. 13:40-15.
(d) Upon issuance of a home inspection license by the Committee, the licensed professionalengineer shall be subject to the license fees set forth in N.J.A.C. 13:40-15.23 and shallperform home inspections in accordance with the rules of the Committee as set forth inN.J.A.C. 13:40-15.
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SUBCHAPTER 5.LAND SURVEYORS; PREPARATION OF LAND SURVEYS
13:40-5.1. Land surveyors; preparation of land surveys
(a) The practice of land surveying includes surveying of areas for their correct determinationand description and for conveyancing, and for the establishment or reestablishment ofland boundaries and the plotting of lands and subdivisions thereof, and such topographi-cal survey and land development as is incidental to the land survey.
(b) Prior to conducting a survey, the licensed land surveyor shall obtain all pertinent informa-tion and documentation in the client’s possession relative to the property to be surveyed.Such information may include, but not be limited to, earlier surveys, record deeds, titlereports, original tract maps, public records and State, county or municipal maps. Whensuch information provided is not sufficient to meet the owner’s needs, the surveyor shallmake all reasonable efforts to obtain all information and documentation needed to renderan accurate survey.
(c) When a property survey is to be performed, a field survey must be made of the property inquestion and such field survey shall include all measurements and recording of all data asmay be necessary to perform an accurate survey. ÇThe licensed land surveyor shall eitherperform the field survey or exercise sufficient supervision of the work as necessary tofulfill adequately all professional responsibilities.
(d) Appropriate corner markers, such as stakes, iron pipes, cut crosses, monuments, and suchother markers as may be authorized by (d)2 below, shall be set either by the licensed landsurveyor or under the supervision of the licensed land surveyor. Such markers shall be setat each property corner not previously marked by a property marker, unless the actualcorner is not accessible.
1. All boundary or corner markers delineating the property surveyed, found or set, must bedescribed on the plat of survey with data provided to show their relation to the property orcorner or, if appropriate, to the boundary lines. ÇWhen a property corner cannot be set becauseof physical constraints, a witness marker shall be set and so noted upon the plat of survey.
2. Markers for property corners set by licensed surveyors shall be composed of durable materialand be of the minimum length practical to reasonably assure permanence, with a recommendedlength of 18 inches or more. These markers may include:
i. Concrete monuments;
ii. Iron pins, one-half inch O.D. or larger;
iii. Reinforcing steel bars one-half inch O.D. or larger;
iv. Iron pipes, one-half inch O.D. or larger;
v. Commercially manufactured iron or aluminum monuments;
vi. Brass discs (or similar metal), set in durable material;
vii. Nails or spikes set in durable materials;
viii. Drill holes in durable materials;
ix. Plastic stakes.
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The above described marker requirements do not apply to intermediate points set on line or forrandom traverse points.
3. The marker requirements in (d)2 above do not apply to intermediate points set on line or forrandom traverse points.
4. In all cases listed in (d)2 above the marker shall be identified with a durable cap, disc, shiner, orother appropriate identifier, bearing the name of the surveyor or firm responsible for setting thecorner.
5. All markers set pursuant to (d)2 above shall be detectable with conventional instruments usedto find ferrous or magnetic objects.
6. Paragraph 2 of subsection (d) does not apply to individual condominium units where same arecomposed totally of buildings.
7. Monuments required to be set pursuant to the “”Map Filing Law’’ at N.J.S.A. 46:23-9.10 shallbe:
i. Composed of concrete, containing ferrous material detectable with conventional metaldetecting instruments;
ii. At least 30 inches long below finished grade with the top and bottom at least fourinches square; and
iii. Identified with a durable cap, disc, or shiner bearing the name of the surveyor or firmresponsible for setting the monument.
8. In the event a monument as specified in (d)7 above is impracticable to install due to physicalconditions, the surveyor shall install the most appropriate material necessary to establishpermanent, metal detectable monumentation.
9. In the event it is impossible to set a monument as specified in (d)7 above at the prescribedcontrol points, an offset monument shall be set bearing a plate stamped with the word “offset.’’
10. In all cases listed in (d)8 and 9 above, the surveyor shall acknowledge in the monument instal-lation certification, use of substituted material and/or the use of offset monumentation. Properinstrument sights shall be established and complete offset data shall be recorded with the monu-ment certification to the municipality.
(e) A plat, also referred to as a plan of survey, shall be prepared either by the licensed landsurveyor or under the supervision of the licensed land surveyor. Such plat shall show allmatter relevant to a complete and clear exposition of the property.
(f) The items which must always be shown are:
1. Title block complying with N.J.A.C. 13:40-2.1 et seq.;
2. The State, county and municipality in which the property is located and specific data asprovided by the owner identifying the property or other pertinent identifying data as deemedappropriate by the surveyor, including block, lot number and address;
3. North arrow (with reference used) and scale;
4. The point of beginning;
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5. Metes and bounds of the property in question; all measurements are to be indicated in feet anddecimals of a foot except when legal requirements or professional custom and usage requireanother form of measurement;
6. Property corner markers, both found and set, and the relation of existing markers to theproperty corner or, if appropriate, to the boundary lines;
7. Street and street names and widths when such streets abut or adjoin the property in question. Ifthe street is not open, the survey should so indicate;
8. Encroachments of structures both on the premises in question and/or adjoining properties;
9. Fences, tree rows, hedges, streams, ditches, building locations, easements and any physicaloccupation influencing property line determination;
10. In all cases, survey work shall be performed in accordance with currently accepted accuracystandards, but such accuracy standards may be limited by contractual agreements. Such limita-tions shall be appropriately noted on the final drawing.
(g) Notwithstanding any other provisions of these rules to the contrary, the following itemsmay be omitted where contractual agreements with the client so provide:
1. Areas of established city lots or recorded subdivision map lots, unless the area is recited in therecord deed of the property in question;
2. Fences and streams and ditches, unless such fences, streams and ditches are on or in closeproximity to the property lines or otherwise affect the property lines in question.
3. Sidewalks, driveways, walkways or other traveled ways, unless such ways affect the propertylines in question.
4. Utility lines, easements of right-of-way lines, except when recited in the record deed or whensuch utility lines, easements of right-of-way lines affect the use of adjacent properties or theproperty in question;
5. Location and type of building and other structures on the property in question.
(h) When any of the various items listed above are omitted, the plat or plan of survey shouldindicate in a factual way that such omissions are made.
(i) Upon completing the plat or plan of survey, the licensed land surveyor shall provide theclient an agreed upon number of prints of the survey drawing. Such print copies of the plator plan of survey shall bear the signature and impression seal of the licensed land sur-veyor. Certification by the licensed land surveyor may be given when requested by theclient.
1. The licensed land surveyor shall also supply a description of the property surveyed when thesurvey is to be used for conveyancing (title transfer or mortgage). This description must besuitable for use in a deed. The description may be by metes and bounds or by reference to a filedplan, block and lot. If a filed plan, block and lot is utilized, the entire title of the filed plan shallbe set forth along with, the filed plan number and the date on which the plan was recorded in theoffice of the County Recording Officer. If there is any deviation from the filed plan to thecompleted survey, a description by filed plan, block and lot, shall not be utilized. The deeddescription shall be consistent with both the survey provided and the documentation upon whichthe survey was based and shall be written in such a manner as to define the boundary lines of
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real property unambiguous and sufficient for a surveyor to lay it out on the ground. This de-scription may be reproduced on the survey plat itself or may be by separate document. If thedeed description is provided on the survey plat, it must be titled “”Deed Description.’’ If aseparate document is provided, the description shall be signed and sealed by the licensed landsurveyor responsible for its preparation.
2. The term “”referenced’’ shall not be utilized when referring to a filed plat when it is intended tomeet the requirements of supplying the deed description listed in (i)1 above. It shall also beimproper to use or reference a municipal tax map to comply with the requirements for deeddescription by reference to a filed plat. A tax map shall not be deemed a filed plan for thepurpose of title transfer.
(j) No reproductions or photographic copies of a plan or survey shall be offered or issued bya licensee for use in any court, land transaction or filing in any public agency or officeunless such copies shall bear the signature and impression seal of the licensed landsurveyor.
(k) Tax assessment maps must be prepared by a licensed land surveyor, who is obligated toprepare such maps in full compliance with the legal requirements pertaining to such maps.
(l) Failure to comply with the provisions of this subchapter and with applicable State lawsand local ordinances may subject the licensed land surveyor to disciplinary action inaccordance with N.J.S.A. 45:8-38.
(m) Subdivision plats, whether classified as major or minor, preliminary or final, shall beprepared by a licensed land surveyor and shall be based on a new or existing current andaccurate survey of the property being subdivided.
1. The licensee shall provide appropriate survey information, as set forth above, to permit asubsequent licensed land surveyor to accurately lay out newly described lots.
2. If a newly described lot will be adjacent to or abutting a perimeter line, the licensee shall ensurethat the perimeter line is accurately established on the ground.
3. In all instances, including where deeds are used to record minor subdivisions and/or where anexisting plat or plan of survey is used, only the licensee who prepared the boundary map onwhich the subdivision is based may provide the certification on the subdivision plat that theboundary survey is accurate and was prepared under his or her supervision, as required by theMap Filing Law, N.J.S.A. 46:23-9.11(m), and in accordance with N.J.A.C. 13:40-9,Responsible Charge of Engineering or Land Surveying Work.
(n) Maps prepared to show topographic data or planimetric data which also delineateproperty lines or street right-of-way lines thereon shall be prepared by a licensed landsurveyor. Such survey information may be transposed to construction plans or other draw-ings if duly noted as to the date of the survey, by whom, and for whom it was prepared.
SUBCHAPTER 6. FEES
13:40-6.1 Fee schedule
(a) The following fees shall be charged by the Board:
1. Application fees:
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i. Engineer-in-training ................................................................................. $30.00
ii. Professional engineer. .............................................................................. $75.00
iii. Land surveyor-in-training ........................................................................ $30.00
iv. Land surveyor .......................................................................................... $75.00
2. Examination fees:
i. Engineer-in-training (fundamentals of engineering) ................................ $70.00
ii. Professional engineer:
(1)Fundamentals ........................................................................................... $70.00
(2)Specialized training .................................................................................. $85.00
iii. Land surveyor:
(1)Fundamentals ........................................................................................... $70.00
(2)Specialized training (Principles of land surveying and New Jersey State portion).................................................................................................................. $150.00
3. Initial license fee:
i. During the first year of a biennial renewal period ...................................... $80.00
ii. During the second year of a biennial renewal period ................................ $40.00
4. Biennial renewal fee ................................................................................................. $80.00
5. Retired license fee
6. Late renewal fee........................................................................................................ $50.00
7. Reinstatement fee ..................................................................................................... $125.00
8. Reinstatement fee:
i. Retired licensee ........................................................................................... $40.00
ii. No-fee retired licensee ............................................................................... $80.00
9. Duplicate license fee .................................................................................................. $20.00
10. Replacement wall certificate .................................................................................... $40.00
11. Continuing competency program review fee:
i. For each program provider who seeks approval ...................................... $100.00
ii. For each course for which a licensee seeks approval ............................... $10.00
12.All licensees, and the clerks of each municipality in the State, shall receive without charge onecopy of the roster of licensed professional engineers and land surveyors. Additional copies, ifand when available, may be purchased at a fee of $20.00 each.
13. Fees shall be nonrefundable and nontransferable.
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14. Any applicant who is required under N.J.A.C. 13:40-2 to have his or her degree evaluated mustpay via certified check or money order the actual cost of the evaluation.
15. Any applicant who requests an exam review or score tabulation must pay via certified check ormoney order the actual cost of the review or tabulation.
(b) For a Certificate of Authorization issued pursuant to P.L. 1989, c.276, general businesscorporations offering to provide engineering or land surveying services in New Jerseyshall pay a fee of $120.00 for a biennial period, or $60.00 per year. The late renewal feefor Certificate of Authorization is $50.00. The reinstatement fee for Certificate ofAuthorization is $125.00.
SUBCHAPTER 7. PERMISSIBLE DIVISION OF RESPONSIBILITY IN SUBMISSION OF SITE PLANSAND MAJOR SUBDIVISION PLATS
13:40-7.1. General provisions
(a) Definitions: All words, terms, and phrases shall be as defined in the Municipal Land UseAct, N.J.S.A. 40:55D et seq.
(b) Preparation and submission of the various elements of a preliminary or final site plan ormajor subdivision plat shall be within the professional scope of the various professions aslisted in this subchapter.
13:40-7.2. Depiction of existing conditions on a site plan
(a) Survey: Showing existing conditions and exact location of physical features includingmetes and bounds, drainage, waterways, specific utility locations, and easements: By aland surveyor.
1. Survey information may be transferred to the site plan if duly noted as to the date of the survey,by whom, and for whom. A signed and sealed copy of the survey shall be submitted to thereviewing governmental body with the site plan submission.
(b) Vegetation, general flood plain determination, or general location of utilities, buildings,or structures: By an architect, planner, engineer, land surveyor, certified landscapearchitect, or other person acceptable to the reviewing governmental body. 13:40-7.3
13:40-7.3. Preparation of site plan
(a) The location of proposed buildings and their relationship to the site and the immediateenvirons: By an architect or engineer.
(b) The locations of drives; parking layout; pedestrian circulation; and means of ingress andegress: By an architect, planner, engineer, or certified landscape architect.
(c) Drainage facilities for site plans of 10 acres or more; or involving stormwater detentionfacilities; or traversed by a water course: By an engineer only.
(d) Other drainage facilities: By an architect or engineer.
(e) Utility connections and on tract extensions: By an engineer or architect.
(f) Off tract utility extensions: By an engineer only.
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(g) On site sanitary sewage disposal or flow equalization facilities: By an engineer only.
(h) Preliminary floor plans and elevation views of buildings illustrating the architecturaldesign of a project: By an architect, except when the building is part of an engineering orindustrial project, floor plans and elevation views may be by an engineer.
(i) Landscaping, signs, lighting, screening or other information not specified above: By anarchitect, planner, engineer, certified landscape architect, or other person acceptable tothe reviewing governmental body.
(j) The general layout of a conceptual site plan for a multiple building project, showing thedevelopment elements including their relationship to the site and immediate environs: Byan architect, planner, engineer, or certified landscape architect.
13:40-7.4. Preparation of a major subdivision plan
(a) The general location of facilities, site improvements, and lot layouts: By an architect,engineer, land surveyor, planner, or certified landscape architect.
(b) The design and construction details of all public improvements including streetpavements, curbs, sidewalks, sanitary sewage, storm drainage facilities: By an engineeronly.
(c) Final subdivision map with metes and bounds: By a land surveyor only.
13:40-7.5. Effect of local ordinances
(a) Informal site plans, not required by local ordinances are excluded from this rule.
(b) No municipal or county ordinance, policy or action purporting to define the scope ofprofessional activity of architects, engineers, land surveyors, planners, or certifiedlandscape architects in the preparation of site plans or major subdivision shall reduce orexpand the scope of professional practice recognized by the boards.
SUBCHAPTER 8. MAINTENANCE OF PROJECT RECORDS
13:40-8.1. Release of project records
(a) As used in this subchapter, the term “”records’’ shall include, but not be limited to, anyplans, reports, documents, field notes, or other items of work product generated for anengineering or land surveying project as contractually defined which would bereasonably necessary to the completion of the project for which the professional engineeror land surveyor was originally retained.
(b) Originals of records shall remain in possession of the professional engineer or landsurveyor unless otherwise provided by statute or written contractual agreement.
(c) The client of a professional engineer or land surveyor shall be entitled to complete copiesof all records generated for the engineering and/or land surveying project within areasonable period of time after forwarding a written request to the professional engineeror land surveyor and upon payment of such proportion of fees as reflect the extent of allservices performed.
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1. Such copies may be signed but shall not be sealed where data utilized as the basis for thepreparation of same may have changed since the date the documents were originally prepared.
2. A disclaimer shall be put on said documents which indicates that the data utilized in thedocuments may have changed. The disclaimer shall read as follows:
“This drawing/map/plat reflects conditions as of (insert place, date of the original drawing/map/plat) and may not show current conditions as of (insert the present date).’’
(d) The professional engineer or land surveyor shall be compensated for the reasonable costsof research and reproduction for copies of records released pursuant to this rule.
SUBCHAPTER 9. RESPONSIBLE CHARGE OF ENGINEERING OR LAND SURVEYING WORK
13:40-9.1. Supervision of subordinates; maintaining records of adequate supervision; actsreflecting inadequate supervision
(a) A licensee in responsible charge of an engineering or land surveying project shall renderregular and effective supervision to those individuals performing services which directlyand materially affect the quality and competence of engineering or land surveying workrendered by the licensee.
(b) A licensee shall maintain such records as are reasonably necessary to establish that thelicensee exercised regular and effective supervision of an engineering or land surveyingproject of which he was in responsible charge.
(c) A licensee engaged in any of the following acts or practices shall be deemed not to haverendered the regular and effective supervision required herein:
1. The regular and continuous absence from principal office premises from which professionalservices are rendered; except for performance of field work or presence in a field office main-tained exclusively for a specific project;
2. The failure to personally inspect or review the work of subordinates where necessary and ap-propriate;
3. The rendering of a limited, cursory or perfunctory review of plans or projects in lieu of anappropriate detailed review;
4. The failure to personally be available on a reasonable basis or with adequate advance notice forconsultation and inspection where circumstances require personal availability.
SUBCHAPTER 10. CONTRACT TO PROVIDE PROFESSIONAL SERVICES; CERTIFICATION OFAUTHORIZATION
13:40-10.1. Contract requirement
(a) Any business corporation which does not have an officer or full time employee who islicensed as a professional engineer and/or land surveyor in this State and which offers orrenders such services shall, prior to the offer or rendering of any such service, have awritten contract with a New Jersey licensed professional engineer or land surveyor, andhave obtained a certificate of authorization pursuant to N.J.S.A. 45:8-56. Such writtencontract shall clearly indicate the licensee to be in responsible charge of the engineeringor land surveying services. For the purposes of this subchapter, full-time employment is
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the amount of employment necessary to provide effective supervision of the work per-formed as required throughout N.J.A.C. 13:40.
(b) A licensed professional engineer or a licensed land surveyor rendering engineering orsurveying services for a business corporation which is required to obtain a certificate ofauthorization pursuant to N.J.S.A. 45:8-56 shall not perform such services unless he orshe is an officer or a full time employee of the corporation or has a written contract withthe corporation prior to rendering professional services and is listed as being in respon-sible charge on the corporation’s certificate of authorization.
(c) Any corporation that offers or renders engineering and land surveying services without aCertificate of Authorization or with a lapsed Certificate of Authorization shall be subjectto civil penalties as authorized by N.J.S.A. 45:1-25. This subsection shall not apply to aprofessional service corporation established pursuant to the “”Professional Service Cor-poration Act,’’ N.J.S.A. 14A:17-1 et seq.
SUBCHAPTER 11. LAND SURVEYORS; CONTINUING COMPETENCY
13:40-11.1. Continuing professional competency requirements; failure to comply
Any land surveyor who fails to comply with the continuing professional competency requirementsset forth in this subchapter shall be subject to the penalties set forth in N.J.S.A. 45:8-35.9.
13:40-11.2. Definitions
As used in this subchapter, the following terms shall have the following meanings:
“Approved course or activity’’ means any course or activity with a clear technical purpose andobjective or whose purpose and objective is to enhance the skills and knowledge in ethical and businesspractices, which will maintain, improve or expand skills and knowledge and develop new and relevanttechnical skills and knowledge in the discipline being practiced by the licensee.
“College/unit semester/unit quarter/hour’’ means the credit for an ABET (Accreditation Board forEngineering and Technology) approved course or other related college course approved in accordancewith N.J.A.C. 13:40-11.6(a)1.
“Continuing education unit’’ (CEU) means the unit of credit customarily used for continuingeducation courses. ÇOne continuing education unit equals 10 contact hours of instruction in an ap-proved continuing education course.
“Contact hour’’ means 50 minutes of in-class instruction and participation.
“Professional development hour’’ (PDH) means one contact hour of professional/technicaldevelopment in seminars, conferences or workshops. A PDH is the common denominator for otherunits of credit.
13:40-11.3. Credit-hour requirements
(a) Each applicant for license renewal shall be required to have completed, during thepreceding biennial period, a minimum of 24 professional development hours (PDHs).
(b) A maximum of eight PDHs may be carried over into a succeeding biennial renewalperiod.
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13:40-11.4. Approval of course offerings
(a) A continuing competency provider may receive approval for a continuing competencycourse or program pursuant to the provisions of N.J.A.C. 13:40-11.11 and 11.12. Prior tothe offering of the course or program, the provider may apply for approval. However, theprovider may apply also after the event to eliminate the need for individual licensees toapply under (b) below.
(b) A licensee seeking to take a course or program which the provider has not had pre-ap-proved by the Board may apply to the Board for pre-approval or post-approval of thecourse or program offering. The licensee shall submit information similar to that which isrequired to be supplied by course providers pursuant to N.J.A.C. 13:40-11.11(b).
(c) The Board shall maintain a list of all approved programs and courses at the Board officesand shall furnish this information upon request.
(d) An individual, group or association seeking course or program approval may impose areasonable differential in course or program fees based upon membership within a groupor association. However, in no event shall a sponsoring individual, group or associationcompletely exclude from the course or program any licensee who is not a member of thegroup or association.
13:40-11.5. Continuing competency programs and other sources of continuing competencycredits
(a) The Board shall grant credit for successful completion of the following, provided that thecourse or program meets the criteria of N.J.A.C. 13:40-11.11 and that any other source ofcredit directly and materially relates to the practice of land surveying:
1. College courses;
2. Continuing education courses;
3. Correspondence, televised, videotaped and other short courses/tutorials;
4. Seminars, in-house courses, workshops and technical programs at professional meetings andconferences;
5. Teaching or instruction in (a)1, 2 and 4 above;
6. Published papers, articles or books authored by the licensee; and
7. A land surveying examination in another jurisdiction.
13:40-11.6. Credit calculation
(a) Credit for PDHs will be granted as follows for each biennial renewal period:
1. Successful completion of approved college level courses;
i. Fifteen PDHs for each semester hour credit awarded by the college; or
ii. Ten PDHs for each quarter hour credit awarded by the college;
2. Successful completion of approved continuing education courses: 10 PDHs for each continuingeducation unit (CEU);
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3. Successful completion of approved correspondence, televised, videotaped and other short courses/tutorials:
i. The amount of credit to be allowed for approved correspondence and individual studyprograms, including taped study programs, shall be recommended by the programprovider based upon one-half the average completion time calculated by the providerafter it has conducted appropriate “”field tests.’’ Although the program provider mustmake recommendations concerning the number of credit hours to be granted, thenumber of credit hours granted shall be determined by the Board; and
ii. Credit for approved correspondence and other individual study programs will begiven only in the renewal period in which the course is completed with a successfulfinal examination;
4. Active participation in and successful completion of approved seminars, in-house courses, work-shops and technical programs at professional meetings and conferences: one PDH for eachhour of attendance at an approved course. Credit will not be granted for courses which are lessthan one contact hour in duration. Completion of an entire course is required in order to receiveany credit;
5. Teaching or instruction in (a)1, 2 and 4 above:
i. Service as an instructor, or workshop leader: one PDH for each instructional hour;
ii. The instructor or workshop leader will be given no credit for subsequent sessions inthe same year involving substantially identical subject matter, except that after oneyear has elapsed the Board may give one additional PDH for each instructional hourof service as an instructor or workshop leader for the initial presentation, providedthe original material has been updated; and
iii. The maximum credit given for service as an instructor or workshop leader may notexceed 50 percent of the required PDHs for any biennial renewal period;
6. Authoring published papers, articles or books on technical surveying subjects that contribute tothe professional competence of surveyors: one PDH may be requested for each hour ofpreparation time on a self-declaration basis, not to exceed a total of 25 percent of the biennialrequirement. A copy of the publication shall be submitted to the Board with the request forcredit; and
7. Successfully passing a land surveying examination in another jurisdiction: one PDH for eachhour of examination. All parts of the examination must be passed to receive credit for any part.The maximum credit given for successfully passing a land surveying examination in anotherjurisdiction may not exceed three PDHs for each biennial renewal period.
13:40-11.7. Reporting and documenting of PDHs
(a) At the time of application for biennial land surveyor license renewal, licensees shallprovide, on forms approved by the Board, a signed statement certifying that the requirednumber of PDHs has been completed. The statement shall include where applicable thefollowing:
1. The dates attended;
2. PDHs claimed;
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3. The title of the course and a description of its content;
4. The school, firm, or organization providing the course;
5. The instructor; and
6. The course location.
(b) Licensees shall maintain all evidence, as set forth in (e) below, of completion of PDHrequirements for two biennial periods after completion and shall submit suchdocumentation to the Board upon request.
(c) Failure to maintain records or falsification of any information submitted with the renewalapplication may result in an appearance before the Board and, upon notice to the licenseeand the opportunity for a hearing, penalties and/or suspension of the license.
(d) The Board will review the records of licensees from time to time, on a random basis, todetermine compliance with continuing competency requirements.
(e) Documentation of continuing competency requirements shall consist of the following:
1. A log showing the type of activity claimed, providing organization, location, duration, instructor’sor speaker’s name and credits claimed;
2. Attendance verification records in the form of college transcripts, completion certificates, paidreceipts, and any other documents supporting evidence of attendance;
3. For publications, submission of the published article; and
4. For teaching, a statement of appropriate authority verifying the activity.
13:40-11.8. Waiver of continuing competency requirement
(a) The Board may, in its discretion, waive continuing competency requirements on anindividual basis for reasons of hardship, such as illness or disability, or other good cause.
(b) Any licensee seeking a waiver of the continuing competency requirement shall apply tothe Board in writing 90 days prior to renewal of licensure and set forth with specificity thereasons for requesting the waiver. The licensee shall also provide the Board with suchadditional information as it may reasonably request in support of the waiver request.
(c) A new licensee by way of examination shall have all continuing competencyrequirements waived for the first renewal period.
(d) A new licensee by way of comity shall be responsible at the first biennial renewal for onePDH for each month since the New Jersey license was issued.
(e) A licensee serving on active duty in the armed forces of the United States for a period oftime exceeding 120 consecutive days in a calendar year shall have all continuingcompetency requirements waived for that year.
13:40-11.9. License restoration
The failure on the part of a licensee to renew his or her biennial certificate as required shall notrelieve such person of the responsibility to maintain professional competence. At the time ofapplication for restoration, the licensee shall submit satisfactory proof to the Board that he or she has
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successfully completed all delinquent PDHs. If the total credits required to become current exceeds 30,then 30 shall be the maximum number required. However, an additional 24 PDHs will still be requiredat the next biennial renewal.
13:40-11.10. Out-of-jurisdiction resident
Licensees who are residents of jurisdictions other than New Jersey must meet the continuingprofessional competency requirements for their resident jurisdiction. The requirements for New Jerseywill be deemed as satisfied when a licensee provides evidence of having met the requirement of his orher resident jurisdiction, provided the requirements are not less than 24 PDHs per biennial renewalperiod. If the licensee resides in a jurisdiction that has no continuing professional competencyrequirements, the licensee must meet the requirements of New Jersey.
13:40-11.11. Criteria for continuing competency programs
(a) A course of acceptable subject matter shall directly and materially relate to the practice ofland surveying, shall have the purpose and objective to maintain, improve or expandskills and knowledge or enhance skills and knowledge in ethics and business practicesrelated to the profession of land surveying, and shall be:
1. A formal course of learning which contributes directly to the maintenance of professionalcompetence of a licensee;
2. At least one instructional hour in duration; and
3. Conducted by a qualified instructor or workshop leader.
(b) A program provider or a licensee seeking Board approval for a course of acceptablesubject matter shall submit the following to the Board:
1. The program provider fee (for providers) or program review fee (for licensees) as set forth inN.J.A.C. 13:40-6.1; and
2. Information to document the elements of (a) above, in writing and on a form provided by theBoard, including, but not limited to:
i. A detailed description of course content and estimated hours of instruction; and
ii. The curriculum vitae of the lecturer, including specific background which qualifiesthe individual as a lecturer of repute in the area of instruction.
(c) Courses which meet the requirements set forth in (a) above shall be approved forcontinuing competency credit if taught by:
1. Undergraduate, post-graduate or adjunct instructors from accredited educational institutionswith five years of experience in the lecture subject. ÇThe curriculum vitae must reflect theinstructor’s status and experience;
2. Recognized authorities in the specific subject areas with five years of experience in the lecturesubject whose expertise is documented and approved by the Board;
3. Licensees with five years experience in specific subject areas whose expertise is documentedand approved by the Board; or
4. Any of the above with less than five years experience who submit curriculum vitae, and areevaluated and approved by the Board on a case-by-case basis.
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13:40-11.12. Responsibilities of program providers
(a) Program providers shall:
1. Select and assign qualified instructors for the program;
2. Assure that the number of participants and the physical facilities are consistent with theteaching methods to be utilized;
3. Disclose in advance to prospective participants the course objectives, prerequisites, experiencelevel, content, required advanced preparation, teaching method, and number of PDH or CEUcredits involved in the program;
4. Solicit evaluations from both the participants and the instructor at the conclusion of eachprogram. Evaluations may take the form of pre-tests for advanced preparation, post-tests foreffectiveness of the program, questionnaires completed at the end of the program or later, oralfeedback from participants to the instructor or provider or such other mechanism as may beappropriate to an effective evaluation. Programs should be evaluated to determine whether:
i. Objectives have been met;
ii. Prerequisites were necessary or desirable;
iii. Facilities were satisfactory;
iv. The instructor was effective;
v. Advanced preparation materials were satisfactory; and
vi. The program content was timely and effective;
5. Evaluate the performance of the instructors at the conclusion of each program to determinetheir suitability for continuing to serve as instructors and advise instructors of theirperformance;
6. Systematically review the evaluation process to ensure its effectiveness;
7. Furnish to each enrollee a verification of attendance, which shall include at least the followinginformation:
i. The title, date and location of the course offering;
ii. The name and license number of the attendee;
iii. The number of credits awarded; and
iv. The name and signature of officer or responsible party and seal of the organization;
8. Maintain and retain accurate records of attendance for a six-year period; and
9. Retain a written outline of course materials for a six-year period.
SUBCHAPTER 12. RETIRED LICENSE AND NO-FEE RETIRED LICENSE STATUS
13:40-12.1. Eligibility requirements
(a) A licensed professional engineer or land surveyor who has been licensed for a minimumof 25 years and is at least 62 years of age may apply to the Board forstatus as a retiredlicensee or a no-fee retired licensee.
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(b) A licensee who obtains retired license status or no-fee retired license statusshall not offeror practice professional engineering or land surveying within the State.
13:40-12.2. Retired licensee; application; entitlement
(a) A licensee who seeks retired license status shall forward to the Board the following:
1. A completed application form furnished by the Board which contains the licensee’s currentaddress, telephone number, and information concerning disciplinary matters; and
2. The retired license fee pursuant to N.J.A.C. 13:40-6.1.
(b) The Board shall review the submission set forth in (a) above and if the applicant meets therequirements of N.J.A.C. 13:40-12.1(a), the Board shall declare the licensee retired andplace the licensee on the retired status list.
(c) Each retired licensee shall be entitled to the following:
1. A retired licensee may use the designation “Ret.” following his or her name;
2. The name of each retired licensee shall appear in the annual roster of licensees;
3. Each retired licensee shall receive a certificate from the Board; and
4. Each retired licensee shall receive any mailings from the Board that are sent to active licensees.
(d) Each retired licensee who wishes to maintain retired status shall renew the licensebiennially, and shall remit the retired license fee pursuant to N.J.A.C. 13:40-6.1.
13:40-12.3. No-fee retired licensee
(a) A licensee who seeks no-fee retired licensee status shall submit a completed applicationform furnished by the Board which contains the licensee’s current address, telephonenumber, and information concerning disciplinary matters.
(b) The Board shall review the submission as set forth in (a) above. If the applicant meets therequirements of N.J.A.C. 13:40-12.1(a), the Board shall declare the licensee retired, andshall place the licensee on the retired status list. The licensee shall not be required torenew the no-fee status biennially.
13:40-12.4. Resumption of practice
(a) A professional engineer or land surveyor holding retired license status or no-fee retiredlicense status who wishes to resume the practice of professional engineering or landsurveying shall forward the following to the Board:
1. A completed resumption of practice application form furnished by the Board which containsthe licensee’s current address, telephone number, details of any disciplinary matters,information concerning whether the licensee has signed and sealed any projects while on re-tired status, and proof of current competency pursuant to (a)3 below;
2. The reinstatement fee for retired licensees or no-fee retired licensees pursuant to N.J.A.C. 13:40-6.1; and
3. For a professional engineer or land surveyor who has been on the retired status list for five ormore years, satisfactory evidence of current knowledge, competency and skill in the practice ofprofessional engineering or land surveying as follows:
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i. Each retired professional engineer shall provide information on the resumption ofpractice application regarding current knowledge, competency, and skill. The Boardshall review the information submitted by the applicant and determine if theapplicant has demonstrated the ability to practice engineering in such a way so as toinsure the safety of life, health, and property.
ii. Each retired land surveyor seeking to resume practice shall furnish proof ofcompletion of a minimum of 24 PDHs earned within two years prior to theapplication for resumption of practice.
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CHAPTER 45C. UNIFORM REGULATIONS
SUBCHAPTER 1. LICENSEE DUTY TO COOPERATE AND TO COMPLY WITH BOARD ORDERS
13:45C-1.1. Applicability, scope and definitions
(a) This subchapter shall apply to all licensees of any board, committee or sub-unit within theDivision of Consumer Affairs.
(b) For the purpose of this subchapter, “”licensee’’ shall mean any licensee, permittee,certificate holder or registrant of:
1. The Division of Consumer Affairs;
2. Any professional or occupational licensing board within the Office of Professional/Occupational Boards and any committee, or other subunit of a board or committee locatedwithin the Division;
3. The Office of Consumer Protection; or
4. The Legalized Games of Chance Control Commission.
13:45C-1.2. Licensee’s duty to cooperate in investigative inquiries
(a) A licensee shall cooperate in any inquiry, inspection or investigation conducted by, or onbehalf of, a board, the Director or the licensee’s licensing agency into a licensee’sconduct, fitness or capacity to engage in a licensed profession or occupation where saidinquiry is intended to evaluate such conduct, fitness or capacity for compliance withapplicable statutory or regulatory provisions.
(b) A licensee’s failure to cooperate, absent good cause or bona fide claim of a privilege notidentified in N.J.A.C. 13:45C-1.5 as unavailable, may be deemed by the board, theDirector, or the licensing agency to constitute professional or occupational misconductwithin the meaning of N.J.S.A. 45:1-21(e) or the agency’s enabling act and thus subject alicensee to disciplinary action pursuant to N.J.S.A. 45:1-21(h) or the agency’s enablingact.
13:45C-1.3. Specific conduct deemed failure to cooperate
(a) The following conduct by a licensee may be deemed a failure to cooperate and, therefore,professional or occupational misconduct and grounds for suspension or revocation oflicensure:
1. The failure to timely respond to an inquiry to provide information in response to a complaintreceived concerning licensee conduct;
2. The failure to timely provide records related to licensee conduct;
3. The failure to attend any scheduled proceeding at which the licensee’s appearance is directed.In the event that a licensee elects to retain counsel for the purpose of representation in any suchproceeding, it shall be the licensee’s responsibility to do so in a timely fashion. The failure of alicensee to retain counsel, absent a showing of good cause therefor, shall not cause anadjournment of the proceeding;
88
4. The failure to timely respond or to provide information requested pursuant to a demand underN.J.S.A. 45:1-18 or other applicable law or to provide access to any premises from which alicensed profession or occupation is conducted. Included within this paragraph shall be thefailure to respond to any demand for statement or report under oath, the failure to permit theexamination of any goods, ware or item used in the rendition of the professional or occupa-tional service and the failure to grant access to records, books or other documents utilized in thepractice of the occupation or profession;
5. The failure to answer any question pertinent to inquiry made pursuant to N.J.S.A. 45:1-18 orother applicable law unless the response to said question is subject to a bona fide claim ofprivilege;
6. The failure to make proper and timely response by way of appearance or production of docu-ments to any subpoena issued pursuant to N.J.S.A. 45:1-18 or as may otherwise be provided bylaw; or
7. The failure to provide to the Board, the Director or the licensing agency timely notice of anychange of address from that which appears on the licensee’s most recent license renewal orapplication.
13:45C-1.4. Failure to comply with Board orders as professional or occupational misconduct
The failure of a licensee to comply with an order duly entered and served upon the licensee or ofwhich the licensee has knowledge shall be deemed professional or occupational misconduct.
13:45C-1.5. Unavailability of privileges in investigative or disciplinary proceedings
(a) In any investigative inquiry conducted pursuant to N.J.S.A. 45:1-18 or in any disciplinaryproceeding conducted pursuant to N.J.S.A. 45:1-21, or as may otherwise be authorized bylaw, the physician-patient privilege, psychologist-patient privilege, marriage and familytherapist-client privilege, professional counselor-client privilege, associate counselor-client privilege, social worker-client privilege and the alcohol and drug counselor-clientprivilege shall be unavailable.
(b) Any statements or records otherwise subject to a claim of the stated privileges which maybe obtained by the Board, its agent or the Attorney General pursuant to N.J.S.A. 45:1-18shall remain confidential and shall not be disclosed unless so ordered by a court of com-petent jurisdiction, the appropriate licensing board or the Office of Administrative Law ina contested case.
13:45C-1.6. Maintenance of and access to statements, records or other information that issubject to a privilege declared unavailable
(a) Any statements, records or other information which may be subject to any privilegedeclared unavailable in this subchapter shall be maintained in a secure place and mannerby:
1. The evidence custodian within the Division of Consumer Affairs, Enforcement Bureau;
2. The professional or occupational licensing board and the committee or other subunit of a boardor committee located within the Division which has a direct connection with, or a need foraccess to, the matter to which the statements, records or other information pertain; or
89
3. A Deputy Attorney General.
(b) Except as may be otherwise ordered as provided in the subchapter, access to statements,records or other information shall be afforded only to employees of the Attorney General,the Enforcement Bureau, or the Board or other subunit of the Division having a directconnection with, or a need for access to, the matter to which the statement, records orother information pertain.
(c) The statements, records or other information shall be retained only for the period of timeduring which an investigation remains open or until the completion of all administrativeor judicial proceedings relating thereto, at which time they shall be returned to the lic-ensee or other person from whom they were obtained. ÇIn the absence of such licensee orother person, the statements, records or other information shall be returned to the patient,where appropriate.
90
NoticePlease refer to the Board’s website at :
http://njconsumeraffairs.gov/nonmedical/pels.htm
for any changes to its statutes & regulationswhich may not be
included here.
91
NEW JERSEY STATE BOARD OFPROFESSIONAL ENGINEERS & LAND SURVEYORS
P.O. Box 45015Newark, NJ 07101
(973) 504-6233
CONTINUING COMPETENCY APPROVAL FORM(please type or print form legibly)
Sponsor: _______________________________________________________________________________
Address: _______________________________________________________________________________
______________________________________________________________________________________
Name of Contact Person: __________________________ Telephone Number: ____________________
Course Name: ________________________________ Course Dates: ____________________________
Total Length of Course / Seminar in Hours: _________________________________________________*(In order to receive one PDH a course/seminar must be 50 minutes of class instruction)
Instructor’s Names: _____________________________________________________________________*(Attach a copy of curriculum vitae (resume) for each instructor)Pursuant to N.J.A.C.13:40-11.11(b)2ii - The curriculum vitae of the lecturer, including specific backgroundwhich qualifies the individual as a lecturer of repute in the area of instruction must be submitted.
Course Site Location: ____________________________________________________________________
Attach a copy of the Course Description: ___________________________________________________Pursuant to N.J.A.C. 13:40-11.11(b)2i - A detailed description of course content and estimated hours of instructionmust be submitted. (Do Not Send Course Outlines)
Submitted By: _____________________________ Address: ____________________________________
Please check one: I am the course sponsor(Sponsors must submit a fee of $100.00 to cover all courses offered during thebiennial licensing period ending April 30, 2006)
I am an individual licensee seeking approval of a course(Individual licensees must submit a fee of $10.00 per course)
Office Use Only
Approved by Committee: _______________________ Date: _____________________________
Approved by _______________________
Course # _____________________________ PDH Total ________________________
92
New Jersey Office of the Attorney GeneralDivision of Consumer Affairs
State Board of Professional Engineers and Land Surveyors124 Halsey Street, 3rd Floor, P.O. Box 45015
Newark, New Jersey 07101(973) 504-6460
Complaint Process
As a unit of the Division of Consumer Affairs, the State Board of Profesional Engineers and Land Surveyors (Board),
takes its responsibility seriously. A copy of the complaint will be forwarded to the licensee with a cover letter from the Board
requiring a detailed written response to the allegations in the complaint. Once that response has been received, it will be
reviewed and disposition may be recommended. If the Board needs additional information, the licensee may be required to
appear to answer questions concerning the matter.
Please be advised that any information you supply on the complaint form may be subject to public disclosure. If an
investigation into the matter is conducted, the information is subject to public disclosure only after the completion of the
investigation. You are also advised that the completed complaint form is a “government record,” which the Committee may
be obligated to provide to anyone making a request pursuant to the Open Public Records Act (OPRA).
The disposition of the matter may take several months. Please understand that the Board can only take formal action if it
finds sufficient basis that the licensee violated State laws or regulations. If the Board determines that formal action is re-
quired, the matter is referred to the office of the Attorney General. In that case, formal charges may be filed against the
licensee and the licensee will be given an opportunity to defend himself or herself. This process can take a considerable
period of time.
If the complaint involves a dispute over fees, please be advised that the Board has limited jurisdiction over fees charged
by professionals. If the Board determines that there is insufficient basis to pursue disciplinary action, but determines that the
matter involves a fee dispute, your complaint may be referred to the Alternative Dispute Resolution (ADR) Unit of the
Division of Consumer Affairs. The ADR is a free mediation service that can be helpful in resolving such matters.
Until a final determination has been made, the Board is not permitted to disclose information regarding the matter. You
will be notified in writing when a final determination has been made.
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New Jersey Office of the Attorney GeneralDivision of Consumer Affairs
State Board of Professional Engineers and Land Surveyors124 Halsey Street, 3rd Floor, P.O. Box 45015
Newark, New Jersey 07101(973) 504-6460
Complaint FormPlease print clearly.
Please be advised that any information you supply on this complaint form may be subject to public disclosure. If aninvestigation into the matter is conducted, the information is subject to public disclosure only after the completion of theinvestigation. You are also advised that the completed complaint form is a “government record,” which the Board may beobligated to provide to anyone making a request pursuant to the Open Public Records Act (OPRA).
Consumer Information Complaint Reported Against
NAME:_________________________________________ NAME:_________________________________________
ADDRESS: ______________________________________ BUSINESS NAME: _________________________________
CITY:__________________________________________ ADDRESS: ______________________________________
STATE:___________________ZIP CODE:______________ CITY:__________________________________________
HOME TELEPHONE NUMBER: _________________________ STATE:_______________________ZIP CODE:__________
WORK TELEPHONE NUMBER: ________________________ TELEPHONE NUMBER: ______________________________
FAX NUMBER: ___________________________________ TITLE: _________________________________________
E-MAIL ADDRESS: ________________________________ LICENSE NUMBER (IF KNOWN): _______________________
DATE: _________________________________________ DATES OF TREATMENT/SERVICE:
FROM: ___________________ TO: __________________
1. What is the relationship between the complainant and the consumer or patient?
Self Spouse
Parent Son/Daughter
Friend Brother/Sister
Legal Guardian Other (please specify)___________________________
2. Please provide the following information about the consumer or patient if he or she is someone other than the complainant.
Name: ________________________________________________________ Date of birth: ____________________
Address: ______________________________________________________________________________________
Home telephone number:___________________________ Work telephone number:_________________________(include area code) (include area code)
Street address City State ZIP code
Month Day Year
(include area code)
(include area code) (include area code)
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3. Please provide the following information about any other practitioner or licensee involved in the matter about whichyou are filing a complaint.
Name: ________________________________________________________________________________________
Title: _________________________________________ License number: _________________________________
Address: ______________________________________________________________________________________
Telephone number:________________________________
Name: ________________________________________________________________________________________
Title: _________________________________________ License number: _________________________________
Address: ______________________________________________________________________________________
Telephone number:________________________________
4. Please provide the following about anyone who was a witness to the matter about which you are filing a complaint.
Name: ________________________________________________________________________________________
Address: ______________________________________________________________________________________
Daytime telephone number: _______________________ Evening telephone number: ________________________
Name: ________________________________________________________________________________________
Address: ______________________________________________________________________________________
Daytime telephone number: _______________________ Evening telephone number: ________________________
5. What is the nature of the complaint? (Please check all that apply and provide any additional comments on a separatesheet of paper.)
Administrative/Recordkeeping Advertising Fees/Billing Practices
Fraud Incompetence Insurance Fraud
Professional/Occupational Misconduct Sexual Misconduct Substance Abuse/Impairment
Unlicensed Practice Briefly explain the problem if it is not listed above: _____________
______________________________________________________
6. Please describe the facts of your complaint in the order in which they happened. Please print clearly. You may use
additional sheets of paper if they are needed.
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
(include area code) (include area code)
(include area code) (include area code)
Street address City State ZIP code
(include area code)
Street address City State ZIP code
(include area code)
Street address City State ZIP code
Street address City State ZIP code
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7. Please describe any action taken to resolve this matter prior to contacting the Board. Please print clearly. You may use
additional sheets of paper if they are needed.
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
All complaints must be accompanied by readable copies (NO ORIGINALS) of any complaint-related contracts, bills,
receipts, canceled checks, correspondence or any other documents you feel are related to your complaint.
8. I certify that the statements made by me in this complaint are true and any documents attached are true copies. I am
aware that if any statements made by me are willfully false, I am subject to punishment.
_______________________________________________ ____________________Signature* Date
Return to:
Divison of Consumer AffairsState Board of Professional Engineers and Land Surveyors
P.O. Box 45015 Newark, NJ 07101
* This certification must be signed by the person who has completed this form.
2/8/05
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Division of Consumer AffairsRICHARD J. CODEY State Board of Professional Engineers and Land Surveyors PETER C. HARVEY
Acting Governor 124 Halsey Street, 3rd Floor, Newark, NJ 07102 Attorney Generalwww.njconsumeraffairs.com
Kimberly S. Ricketts Acting Director
Mailing Address: P.O. Box 45015 Newark, NJ 07101
(973) 504-6460 FAX: (973) 273-8020
New Jersey Is An Equal Opportunity Employer * Printed on Recycled Paper and Recyclable
IMPORTANT NOTICE TO ALL PROFESSIONAL ENGINEERS AND LAND SURVEYORS
Re: Certificate of Authorization
Please be advised that any corporation (except a professional service corporation establishedpursuant to the Professional Service Corporation Act, N.J.S.A. 14A:17-1 et seq.), offering or providingprofessional engineering and/or land surveying services in the State of New Jersey MUST OBTAIN ACERTIFICATE OF AUTHORIZATION from the State Board of Professional Engineers and Land Surveyors toperform these functions. Any corporation offering or providing said services without the requisiteCertificate of Authorization is in violation of N.J.S.A. 45:8-56.
Very truly yours,
Arthur RussoArthur RussoExecutive DirectorState Board of Professional Engineersand Land Surveyors
97
Division of Consumer Affairs RICHARD J. CODEY State Board of Professional Engineers and Land Surveyors PETER C. HARVEY
Acting Governor 124 Halsey Street, 3rd Floor, Newark, NJ 07102 Attorney Generalwww.njconsumeraffairs.com
Kimberly S. Ricketts Acting Director
Mailing Address: P.O. Box 45015 Newark, NJ 07101
(973) 504-6460 FAX: (973) 273-8020
New Jersey Is An Equal Opportunity Employer - Printed on Recycled Paper and Recyclable
CERTIFICATE OF AUTHORIZATION INSTRUCTION SHEET
** The form must be typewritten or printed clearly, separate sheets may be used for additional information. Please provide a telephone number.
** An application fee of $120.00, made payable to the Board of Professional Engineers and LandSurveyors, must be submitted with the application. (THE TWO YEAR REGISTRATION FEE FOR THEPERIOD SEPTEMBER 1, 2004 TO AUGUST 31, 2006 IS $120.00). ONE YEAR REGISTRATION FEE S AREREDUCED TO $60.00.
** A notary seal is required in the two areas provided on page two of the form. Also provide two signatures of a Responsible Charge Licensee and a Corporate Officer where indicated.
** A Certificate of Good Standing issued by the New Jersey Department of Treasury is requiredwith all applications, both domestic (a New Jersey corporations) and foreign (out of statecorporations). To obtain a Certificate of Good Standing call the Department of Treasury at (609)292-9292) and request for a (Short Form Standing), which is the Certificate of Good Standing. Foreign corporations may need to request for a Certificate of Authority to do business in NewJersey before obtaining a Certificate of Good Standing.
** Foreign corporations (out of state corporations) must also present a Certificate of GoodStanding issued by the state in which the business was incorporated.
ANY CHANGES (CORPORATE ADDRESS, ADDRESS OF RECORD, IF DIFFERENT, PROFESSIONAL ENGINEER AND/ORLAND SURVEYOR IN RESPONSIBLE CHARGE, CORPORATE OFFICERS, ETC.) MUST BE REPORTED IN WRITING WITHINTHIRTY DAYS OF THE CHANGE.
** Return the Certificate of Authorization application along with the Certificate of Good Standing(s) tothe following address:
BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORSPO BOX 45015NEWARK, NJ 07101
** Once your Certificate of Authorization application has been approved, you will be issued a
Certificate number, that certificate number must also be indicated in your Title Block.
** NOTE: Applications not signed, notarized, dated or received without Certificates of GoodsStandings will be returned.
98
PLEASE INDICATE A (DESIGNATED RESPONSIBLE CHARGE LICENSEE ) AS THE CONTACT PERSON WHO WILLRECEIVE ALL CORRESPONDENCE FROM THE BOARD.
BUILDING DESIGN SERVICES (PURSUANT TO SECTION 7) GUIDELINES
The board shall issue a Certificate of Authorization to qualified corporations subject to the requirements ofsubsection a. of section 7 of P.L. 1989c. 276 (C.45:8-56) shall, in addition to the requirements providetherein, be subject to the following:
A corporation may offer to provide Building Design Services if:
1. two-thirds (2/3 of the directors shall be professional engineers; and2. a minimum of 20% of the shares shall be owned by professional engineers.
99
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o t
he
Sta
te B
oar
d o
f P
rofe
ssio
nal
o
f th
e T
reas
ury
, an
d a
lso
fro
m t
he
ori
gin
al s
tate
of
inco
rpo
rati
on
.
En
gin
eers
& L
and
Su
rvey
ors
6
. Ret
urn
ori
gin
al t
o t
he
Bo
ard
off
ice
at t
he
abo
ve a
dd
ress
4.
Bu
sin
ess
add
ress
es li
sted
on
th
is a
pp
licat
ion
mu
st n
um
ber
ed
7. B
ien
nia
l re
new
als
of
the
Cer
tifi
cate
of
Au
tho
riza
tio
n is
req
uir
ed.
Ap
plic
ant
(Nam
e o
f C
orp
ora
tio
n)
Sta
te o
f In
corp
ora
tio
n
Dat
e o
f th
is a
pp
licat
ion
Ad
dre
ss o
f p
rin
cip
al o
ffic
e in
Sta
te o
f In
corp
ora
tio
n (
1)
If a
fo
reig
n c
orp
ora
tio
n, (
ou
t o
f st
ate)
yo
u n
eed
Cer
tifi
cate
of
Au
tho
rity
fro
m t
he
New
Jer
sey
Dep
artm
ent
of
the
Tre
asu
ry?
* *
Yes
* *
NO
Ad
dre
ss o
f p
rin
cip
al o
ffic
e in
New
Jer
sey
(if
dif
fere
nt
fro
m a
bo
ve)
(2)
Ad
dre
sses
of
oth
er o
ffic
es w
her
e p
rofe
ssio
nal
ser
vice
s w
ill b
e o
ffer
ed o
r p
rovi
ded
in N
ewJe
rsey
. (E
ach
off
ice
mu
st b
e se
qu
enti
ally
nu
mb
ered
beg
i nn
ing
wit
h 3
; as
3, 4
, 5, e
tc.)
I am
aw
are
that
the
Cer
tifi
cate
of A
uth
ori
zati
on
may
be
revo
ked
ifan
y ag
ent,
em
plo
yee,
dir
ecto
r or o
ffic
er o
f th
e co
rpo
rati
on
vio
late
so
r ca
use
s to
b
e vi
ola
ted
an
y p
rovi
sio
ns
of
tho
se
law
s o
rre
gu
lati
on
s g
ove
rnin
g
the
pra
ctic
e o
f en
gin
eeri
ng
an
d
lan
dsu
rvey
ing
in N
ew J
erse
y.C
OR
PO
RA
TE
OF
FIC
ER
S/O
WN
ER
S
NA
ME
T
ITL
E
HO
ME
AD
DR
ES
S
N
J L
ICE
NS
E N
UM
BE
RP
RO
F. E
NG
LA
ND
SU
RV
.S
IGN
AT
UR
E
100
Per
sons
in r
espo
nsib
le c
harg
e lis
ted
belo
w m
ust i
nclu
de th
e nu
mer
ical
iden
tifie
r of
thei
r w
ork
loca
tion
follo
win
g th
eir
nam
e in
the
colu
mn
belo
w.
If a
licen
see
is in
res
pons
ible
cha
rge
of m
ore
than
one
offi
ce, u
sea
sepa
rate
line
for
each
offi
ce a
nd a
ttach
an
expl
anat
ion.
If a
lice
nsee
is a
lso
in r
espo
nsib
le c
harg
e of
engi
neer
ing
or la
nd s
urve
ying
ser
vice
s fo
r ot
her
busi
ness
ent
ities
or
as a
sol
e pr
oprie
tor,
he/
she
shal
l pla
cean
X in
the
colu
mn
next
to h
is/h
er s
igna
ture
and
atta
ch d
etai
ls o
f all
such
ass
ocia
tions
. Li
st a
ll pe
rson
nel i
nre
spon
sibl
e ch
arge
who
act
on
beha
lf of
the
corp
ora t
ion
as a
pro
fess
iona
l eng
inee
r ao
r la
nd s
urve
yor.
The
firs
t lic
ense
e lis
ted
will
be
con
sid
ered
th
e d
esig
nat
ed B
oar
d c
on
tact
. T
his
ind
ivid
ual
will
be
sen
t al
lm
ail f
rom
th
e B
oar
d o
ffic
e an
d b
e th
e p
erso
n li
sted
on
th
e re
new
ed c
erti
fica
te.
I her
eby
cert
ify
that
I am
fam
iliar
wit
h t
he
law
s an
dre
gu
lati
on
go
vern
ing
th
e p
ract
ice
of
eng
inee
rin
g a
nd
lan
d s
urv
eyin
g in
New
Jer
sey
and
th
e d
efin
itio
n o
fre
spo
nsi
ble
ch
arg
e t
her
ein
an
d m
y re
spo
nsi
bili
tyu
nd
er t
his
def
init
ion
NA
ME
N
J L
icen
se N
um
ber
Pro
f. E
ng
. L
and
Su
rv.
HO
ME
AD
DR
ES
S
x S
IGN
AT
UR
E
Des
ign
ated
Bo
ard
Co
nta
ct (
Will
rec
eive
all
mai
lfr
om
th
e B
oar
d O
ffic
e
(Use
an
ad
dit
ion
al s
hee
t if
nec
essa
ry)
An
y ch
ang
es in
th
e ab
ove
info
rmat
ion
mu
st b
e re
po
rted
to
th
e b
oar
d in
wri
tin
g, w
ith
in 3
0 d
ays
afte
r su
ch c
han
ges
bec
om
e ef
fect
ive.
Ori
gin
al s
ign
atu
res
are
nee
ded
fo
rad
dit
ion
s/d
elet
ion
s t
o t
he
resp
on
sib
le c
har
ge.
Un
der
oat
h, I
dec
lare
th
at t
he
fore
go
ing
sta
tem
ents
, to
th
e b
est
of
my
kno
wle
dg
e an
d b
elie
f, a
re t
rue
and
mad
e in
go
od
fai
th.
Sig
ned
(D
esig
nat
ed R
esp
on
sib
le C
har
ge
Lic
ense
e)X
____
____
____
____
____
____
Typ
ed N
ame:
Tit
le
Dat
e
Su
bsc
rib
ed a
nd
sw
orn
to
bef
ore
me
this
___
____
____
____
_day
of
____
____
____
____
____
____
____
____
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___
____
____
____
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te
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ned
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ry P
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es
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e o
r C
orp
ora
tio
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uth
ori
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Off
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) X
____
____
____
____
____
____
____
____
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yped
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e:T
itle
Bef
ore
me
per
son
ally
ap
pea
red
th
e si
gn
er o
f th
e ab
ove
, wh
o a
ckn
ow
led
ged
him
self
/her
self
to
be
the
auth
ori
zed
ab
ove
-nam
ed o
ffic
er o
f th
e ab
ove
-nam
ed c
orp
ora
tio
n a
nd
the
he/
she
bei
ng
au
tho
rize
d t
o d
o s
o, e
xecu
ted
th
is a
pp
licat
ion
fo
r th
e p
urp
ose
s st
ate
by
sig
nin
g t
he
nam
e o
f th
e co
rpo
rati
on
by
him
self
/her
self
as
the
auth
ori
zed
off
icer
,In
wit
nes
s th
ereo
f:
Co
un
ty a
nd
Sta
te
Sig
ned
(N
ota
ry P
ub
lic)
Dat
e C
om
mis
sio
n E
xpir
es
Sea
l of
No
tary
Pu
blic
Fo
r O
ffic
e U
se O
nly
Ap
pro
ved
S
tate
Bo
ard
Pro
fess
ion
al E
ng
inee
rs a
nd
Lan
d S
urv
eyo
rsS
ign
ed
Dat
e
Fee
D
ate
Issu
ed
P.E
/L.S
. Cer
tifi
cate
of
Au
tho
riza
tio
n N
um
ber
101
** C
OM
PL
ET
E O
NL
Y IF
AP
PL
YIN
G F
OR
BU
ILD
ING
DE
SIG
N S
ER
VIC
E C
ON
SIS
TIN
G O
F C
LO
SE
LY
AL
LIE
D P
RO
FE
SS
ION
AL
S N
OT
E:
GU
IDE
LIN
ES
FO
R B
UIL
DIN
G D
ES
IGN
SE
RV
ICE
S (
AT
TA
CH
ED
).
DE
TA
ILS
OF
OW
NE
RS
HIP
AU
TH
OR
ITY
:
R
equ
ired
by
Sec
tio
n 8
e (1
) an
d (
2), P
.L. 198
9, C
hap
ter
277
: Req
uire
d In
form
atio
n (1
) P
rovi
de th
e na
mes
of a
ll di
rect
ors,
two-
third
s of
who
m m
ust b
e pr
ofes
sion
al e
ngin
eers
and
(
2) T
he n
umbe
r of
sha
res
owne
d by
eng
inee
r st
ockh
olde
rs
A. B
UIL
DIN
G D
ES
IGN
SE
RV
ICE
S
NA
ME
OF
DIR
EC
TO
R/S
TO
CK
HO
LD
ER
D*
S B
NU
MB
ER
OF
SH
AR
ES
OW
NE
D
TY
PE
NE
W J
ER
SE
Y P
RO
FE
SS
ION
AL
LIC
EN
SE
NU
MB
ER
FO
R O
FF
ICIA
L U
SE
ON
LY
To
tal S
har
esIs
sued
& O
uts
tan
din
g*D
=Dir
S
=Stc
khld
B
=Bo
th
(Use
an
ad
dit
ion
al s
hee
t if
nec
essa
ry )
102
STATE BOARD OFPROFESSIONAL ENGINEERS &LAND SURVEYORS,
NEWARK, NEW JERSEYGUIDELINES ON SEALS & TITLE BLOCKS
SEALS
The authorized design of a seal has the following specifications:
(a) Round: 11/2 diameter
(b) Metal-type, embossing
(c) Name, license number (including the acronym GE, GS or GB) and legend; refer to N.J.S.A.45:8-36
(d) See illustration of seal on the following sheet
PLEASE NOTE:
(1) A rubber facsimile of a seal may NOT be used in New Jersey
(2) It is not advisable to seal originals of master documents, since these documents couldconceivably be altered without your knowledge. It is recommended that you seal prints orcopies of the originals only, subject to the requirements of laws such as the Map Filing Act, P.L.1960, C.141.
(3) The Board cautions against the use of your impression seal in a manner where it might bereproduced photographically.
(4) Sealing over your signature safeguards your work product.
(5) Please refer to N.J.S.A. 45:8-36 for statutory restrictions on the sealing of documents.
TITLE BLOCKS
N.J.A.C. 13:40-1.2 Regulates the form and content of the title blocks. The following sheetcontains a sample of the statutory requirement.
103
NOTE:Use GE, GS, or GB aspart of your licensenumber.
*“STATE OF NEW JERSEY”MAY APPEAR ON ONE LINE
104
105
NATIONAL COUNCIL OF EXAMINERSFOR ENGINEERING & SURVEYING
P.O. BOX 1686, Clemson, SC 29633-1686(800)250-3196 or (864)654-6824
Fax: (864)654-6033
Mail Addresses of Member and Affiliate Member Boards with the name of person in charge of the office andtheir telephone number.
ALABAMAState Board of Licensure for Professional Engineers& SurveyorsRegina A. Dinger, Executive [email protected]
Office:
100 North Union Street, Suite 382Montgomery, AL 36104-3762
Mailing:P.O. Box 304451Montgomery, AL 36130-4451
Phone:(334) 242-5568Fax:(334) 242-5105
Web site: http://www.bels.state.al.us
ALASKAState Board of Registration for Architects, Engineersand Land SurveyorsExecutive Administrator:Nancy [email protected]
Office Address:333 Willoughby, 9th FloorState Office BuildingJuneau, AK
Mailing Address:P.O. Box 100806Juneau, AK 99811-0806
Phone: (907) 465-1676Fax: (907) 465-2974
Web site: http://www.dced.state.ak.us/occ/pael.htm
ARIZONAState Board of Technical RegistrationRonald W. Dalrymple, Executive [email protected]
Office:1110 W. Washington Street, Suite 240Phoenix, AZ 85007
Phone: (602)364-4930Fax: (602)364-4931
Web site: http://www.btr.state.az.us
ARKANSASState Board of Registration for ProfessionalEngineers & Land SurveyorsJoseph Clements, Jr., Executive [email protected]
Office:410 West 3rd Street, Suite 100Little Rock, AR 72201
Mail:P.O. Box 3750Little Rock, AR 72203
Phone: (501)682-2824Fax: (501)682-2827
Web site: http://www.state.ar.us/pels
CALIFORNIABoard of Professional Engineers & Land SurveyorsCindi Christenson, PE, Executive [email protected]
Office:2535 Capitol Oaks Drive, Suite 300Sacramento, CA 95833-2944
Mail:P.O. Box 349002Sacramento, CA 95834-9002
Phone: (916)263-2230Fax: (916)263-2221
Web site: http://www.dca.ca.gov/pels contacts.htm
106
COLORADOState Board of Registration for Professional Engineers& Professional Land SurveyorsAngeline Kinnaird, Program [email protected]
Office:1560 Broadway, Suite 1370Denver, CO 80202
Phone: (303)894-7788Fax:(303)894-7790
Web site:http://www.dora.state.co.usengineers_surveyors
CONNECTICUTState Board of Examiners for Professional Engineers& Land SurveyorsBarbara Syp, Board [email protected]
Office:The State Office Building, Room 100165 Capitol AvenueHartford, CT 06106-1630
Phone: (860)713-6145Fax: (860)713-7230
Web site: http://www.state.ct.us/dcp
DELAWAREDelaware Association of Professional EngineersMargaret Abshagen, Executive [email protected]
Office:56 W. Main Street, Suite 208, Plaza 273Christiana, DE 19702
Phone: (302)368-6708Fax: (302)368-6710
Web site: http://www.dape.org
DISTRICT OF COLUMBIABoard of Professional EngineersLinda E. Dixon, Board [email protected]
Office:941 North Capitol Street NEOPLA Room 2200Washington, DC 20002
Phone: (202)442-4320Fax: (202)442-4528
FLORIDABoard of Professional EngineersNatalie Lowe, Member Board [email protected]
Office:2507 Callaway Road, Suite 200Tallahassee, FL 32303
Phone: (850)521-0500Fax: (850)521-0521
Web site: http://www.fbpe.org
GEORGIAState Board of Registration for Professional Engineers& Land SurveyorsDarren Mickler, Executive [email protected]
Office:237 Coliseum DriveMacon, GA 31217-3858
Phone: (478) 207-1450Fax: (478)207-1456
Web site: http://www.sos.state.ga.us/plb/pels
GUAMGuam Board of Registration for ProfessionalEngineers, Architects and Land SurveyorsAmor A. Pakingan, Board [email protected]
Office:718 N. Marine Drive, Suite 208Tamuning, GU96913-4425
Phone: (671)646-3115/3138Fax: (671)649-9533
Web site: http://www.guam-peals.org
HAWAIIBoard of Professional Engineers, Architects,Surveyors, & Landscape ArchitectsJames Kobashigawa, Executive Officer
Office:1010 Richards StreetHonolulu, HI 96813
Phone: (808)586-2702Fax: (808)586-2874
Web site: http://www.state.hi.us/dcca
107
IDAHOBoard of Professional Engineers & Professional LandSurveyorsDavid L. Curtis, PE, Executive [email protected]
Office:600 S. Orchard, Suite ABoise, ID 83705-1242
Phone: (208)334-3860Fax: (208)334-2008
Web site: http://www.state.id.us/ipels/index.htm
ILLINOISDepartment of Professional Regulation State Boardof Professional EngineersTerry Baird, Design Professions CoordinatorOffice:320 West Washington Street, 3rd FloorSpringfield, IL 62786
Phone: (217)785-0877Fax: (217)782-7645
Web site: http://www.dpr.state.il.us
INDIANAState Board of Registration for ProfessionalEngineersGerald H. Quigley, Executive DirectorOffice:302 W. Washington Street, Room E-034Indianapolis, IN 46204
Phone: (317)232-2980Fax: (317)232-2312
Website: http://www.in.gov/pla/bandc/engineers
INDIANAState Board of Registration for Professional LandSurveyorsVickie Harless, Board Secretary
Office:302 W. Washington Street, Room E-034Indianapolis, IN 46204
Phone: (317)232-2980Fax: (317)232-2312
Web site: http://www.in.gov/pla/bandc/surveyors
IOWAEngineering & Land Surveying Examining BoardGleean Coates, Executive [email protected]
Office:1920 SE HulsizerAnkeny, IA 50021
Phone: (515)281-4126Fax: (515)281-7411
Website: http://www.state.ia.us/government/com
KANSASState Board of Technical ProfessionsBetty L. Rose, Executive Director
Office:Landon State Office Building900 SW Jackson, Suite 507Topeka, KS 66612-1257
Phone: (785)296-3053
Web site: http://www.accesskansas.org/ksbtp
KENTUCKYState Board of Licensure for Professional Engineers& Land SurveyorsB. David Cox, Executive [email protected]
Office:Kentucky Engineering Center160 Democrat DriveFrankfort, KY 40601
Phone: (800)573-2680, (502)573-2680Fax: (502)573-6687
Web site: http://kyboels.state.ky.us
MAINEState Board of Registration for Professional EngineersBeatrice M. Gagnon,Administrative Office Manager
Office:Augusta Airpot Terminal Building -2nd FloorAugusta, ME 04330
Mailing:92 State House StationAugusta, ME 04333-0092
Phone: (207) 287-3236Fax: (207)626-2309
Web site:http://www.professionals.maineusa.com/engineers
108
MAINEState Board of Licensure for Professional LandSurveyorsKim Baker-Stetson, Board [email protected]
Office:122 Northern AvenueGardiner, ME 04345
Mail:35 State House StationAugusta, ME 04333-0035
Phone: (207)624-8522Fax: (207)624-8637
Web site:http://www.state.me.us/pfr/olr/categories/cat24.htm
LOUISIANALouisiana Professional Engineering & LandSurveying BoardBenjamin S. Harrison, Acting Executive [email protected]
Office:9643 Brookline Avenue, Suite 121Baton Rouge, LA 70809-1433
Phone: (225)925-6291Fax: (225)925-6292
Web site: http://www.lapels.com
MARYLANDState Board for Professional EngineersSally Wingo, Executive [email protected]
Office:500 North Calvert Street, Room 308Baltimore, MD 21202
Phone: (410)230-6322Fax: (410)333-0021
Web site: http://www.dllr.state.md.us
MARYLANDState Board for Professional Land SurveyorsSally Wingo, Executive [email protected]
Office:500 North Calvert Street, Room 308Baltimore, MD 21202-3651
Phone: (410)230-6322Fax: (410)333-0021
Web site: http://www.dllr.state.md.us
MASSACHUSETTSBoard of Registration of Professional Engineers &Professional Land SurveyorsDeborah Milliken, Administrative [email protected]
Office:Division of Professional Licensure239 Causeway StreetBoston, MA 02114
Phone: (617)727-9957Fax: (617)727-1627
Web site: http://www.state.ma.us/reg
MICHIGANMichigan Department of CIS Board of ProfessionalEngineersGloria Keene, Licensing [email protected]
Office:2501 Woodlake CirleOkemos, MI 48864
Mailing:P.O. Box 30018Lansing, MI 48909
Phone: (517)241-9253Fax: (517)241-9280
Web site:http://www.michigan.gov/cis/0,1607,7-154-10557_12992_14016—,00.html
109
MICHIGANMichigan Department of CIS Board of ProfessionalSurveyorsGloria Keene, Licensing [email protected]
Office:2501 Woodlake CirleOkemos, MI 48864
Mailing: P.O. Box 30018Lansing, MI 48909
Phone: (517)241-9253Fax: (517)241-9280
Web site:http: / /www.michigan.gov/cis/0,1607,7-15410557_12992_14016—,00.html
MINNESOTAState Board of Architecture, Engineering LandSurveying, Landscape Architecture, Geoscience, andInterior DesignDoreen Frost, Executive [email protected]
Office:The Golden Rule Building, Suite 16085 East Seventh PlaceSt. Paul, MN 55101
Phone: (651)296-2388Fax: (651)297-5310
Web site: http://www.aelslagid.state.mn.us
MISSISSIPPIState Board of Registration for Professional Engineers& Land SurveyorsRosemary Brister, Executive [email protected]
Office:The Robert E. Lee Building, Suite 501239 North LamarJackson, MS 39205
Mailing:P.O. Box 3Jackson, MS 39205
Phone:(601)359-6160Fax:(601)359-6159
Web site: http://www.pepls.state.ms.us
MISSOURIMissouri Board of Architects, Professional Engineers,Land Surveyors & Landscape ArchitectsJudy Kempker, Executive [email protected]
Office:3605 Missouri Blvd., Suite 380Jefferson City, MO 65102
Mail:P.O. Box 184Jefferson City, MO 65102
Phone: (573)751-0047Fax:(573)751-8046
Web site:http://www.ecodev.state.mo.us/pr/moapels
MONTANABoard of Professional Engineers & Land SurveyorsTodd Boucher, Board [email protected]
Office:Dept. of CommerceP.O. Box 200513301 South Park Avenue, 4th FloorHelena, MT 59620-0513
Phone: (406)841-2367Fax: (406)841-2332
Web site:http://www.discoveringmontana.com/dli/bsdlicense/bsd_boards/pel_board/board_page.htm
NEBRASKABoard of Engineers and ArchitectsCharles G. Nelson, Executive [email protected]
Office:301 Centennial Mall, SouthLincoln, NE 68508
Mailing:P.O. Box 95165Lincoln, NE 68509
Phone:(402)471-2021/2407Fax: (402)471-0787
Web site: http://www.ea.state.ne.us
110
NEBRASKABoard of Examiners for Land SurveyingKathy Martin, Administrative [email protected]
Office:555 North Cotner Blvd., Lower LevelLincoln, NE 68505
Phone: (402)471-2566Fax: (402)471-3057
Web site: http://www.ea.state.ne.us
NEVADAState Board of Professional Engineers & LandSurveyorsNoni Johnson, Executive [email protected]
Office:1755 East Plumb Lane, Suite 135Reno, NV 89502
Phone: (775)688-1231Fax: (775)688-2991
Web site: http://www.boe.state.nv.us
NEW HAMPSHIREBoard of Professional EngineersLouise Lavertu, Executive [email protected]
Office:57 Regional DriveConcord, NH 03301
Phone: (603)271-2219Fax: (603)271-6990
Web site: http://www.state.nh.us/jtboard/home.htm
NEW HAMPSHIREBoard of Licensure for Land SurveyorsLouise Lavertu, Executive [email protected]
Office:57 Regional DriveConcord, NH 03301
Phone: (603)271-2219Fax: (603)271-6990
Web site: http://www.state.nh.us/jtboard/home.htm
NEW JERSEYState Board of Professional Engineers & LandSurveyorsArthur Russo, Executive [email protected]
Office:124 Halsey Street, 3rd FloorNewark, NJ 07102
Mailing:P.O. Box 45015Newark, NJ 07101
Phone: (973)504-6460Fax: (973)273-8020
Web site:http://njconsumeraffairs.gov/nonmedical/pels.htm
NEW MEXICOBoard of Licensure for Professional Engineers &SurveyorsElena Garcia, Executive [email protected]
Office:1010 Marquez PlaceSanta Fe, NM 87505
Phone: (505)827-7561Fax: (505)827-7566
Web site: http://www.state.nm.us/pepsboard
NEW YORKState Board of Engineering & Land SurveyingJane Blair, Executive Secretary
Office:State Education Building89 Washington Avenue2nd Floor, Mezzanine East-WingAlbany, NY 12234-1000
Phone: (518)474-3817, Ext. 140Fax: (518)473-6282
Web site: http://www.op.nysed.gov
111
NORTH CAROLINABoard of Examiners for Engineers and SurveyorsAndrew L. Ritter, Executive [email protected]
Office:310 W. Millbrook RoadRaleigh, NC 27609-7197
Phone: (919)841-4000Fax: (919)841-4012
Web site: http://www.ncbels.org
NORTH DAKOTAState Board of Registration for Professional Engineers& Land SurveyorsClif ford E. Keller, Executive SecretaryOffice:721 West Memorial HighwayBismark, ND 58504Mailing:PO Box 1357Bismarck, ND 58502-1357Phone: (701)258-0786Fax: (701)258-7471WWeb site: http://www.ndpelsboard.org
NORTHERN MARIANA ISLANDSBoard of Professional LicensingFlorence C. Sablan, Executive [email protected]
Office:Commonwealth of Northern Mariana IslandsPO Box 502078Saipan, Northern Mariana Islands 96950
Phone: (011)(670)234-5897Fax: (011)(670)234-6040
OKLAHOMAState Board of Registration for Professional Engineers& Land SurveyorsKathy Hart, Executive [email protected]
Office:Oklahoma Engineering Center, Room 120201 N.E. 27th StreetOklahoma City, OK 73105
Phone: (405)521-2874Fax: (405)523-2135
Web site: http://www.pels.state.ok.us
OREGONState Board of Examiners for Engineering and LandSurveyingEdward B. Graham, PLS, Executive [email protected]
Office:728 Hawthorne Avenue, NESalem, OR 97301
Phone: (503)362-2666Fax: (503)362-5454
Web site: http://www.osbeels.org
PENNSYLVANIAState Registration Board for Professional Engineers,Land Surveyors, and GeologistsShirley S. Klinger, Board [email protected]
Office:2601 North Third StreetHarrisburg, PA 17110
Mailing:P.O. Box 2649Harrisburg, PA 17105-2649
Phone: (717)783-7049Fax: (717)705-5540
Web site: http://www.dos.state.pa.us/eng
PUERTO RICOBoard of Examiners of Engineers and Land SurveyorsMarcos R. Velez Green, Executive Director
Office:Secretaria Auxiliar de Juntas Examinadoras151 Fortaleza Street, 3rd Fl, Office 308San Juan, PR 00902-3271
Mailing:Secretaria Auxiliar de Juntas ExaminadoraDepartment of StateP.O. Box 9023271San Juan, PR 00902-3271
Phone:(787)722-2122 x 232(Board)(787)722-4816 (Executive Director)Fax:(787)722-4818
112
RHODE ISLANDBoard of Registration for Professional EngineersLois Marshall, Administrative [email protected]
Office:1 Capitol Hill, 3rd FloorProvidence, RI 02908
Phone: (401)222-2565Fax: (401)222-5744
Web site: http://www.bdp.state.ri.us
RHODE ISLANDBoard of Registration for Professional Land SurveyorsChristina M. Styron, Administrative [email protected]
Office:1 Capitol Hill, 3rd FloorProvidence, RI 02908
Phone: (401)222-2038Fax: (401)222-5744
Web site: http://www.bdp.state.ri.us
SOUTH CAROLINAState Board of Registration for Professional Engineers& Land SurveyorsJay Pitts, Board Administrator
Office:110 Centerview Drive, Kingstree BuildingPO Box 11597Columbia, SC 29211-1597
Phone: (803)896-4422Fax: (803)896-4427
Web site:http://www.llr.state.sc.us/POL/Engineers
SOUTH DAKOTABoard of Technical ProfessionsAnn Whipple, Executive [email protected] Knapp, [email protected] Whipple, [email protected]
Office:2040 West Main Street, Suite 304Rapid City, SD 57702-2447
Phone: (605)294-2510Fax: (605)394-2509
Web site:http://www.state.sd.us/dol/boards/engineer/eng-hom.htm
TENNESSEEState Board of Architectural and EngineeringExaminersBarbara Bowling, Executive [email protected]
Office:Department of Commerce and Insurance500 James Robertson Pkwy, 3rd FlNashville, TN 37243-1142
Phone: (800)256-5758, (615)741-3221Fax: (615)532-9410
Web site:http://www.state.tn.us/commerce/ae.html
TENNESSEEState Board of Examiners for Land SurveyorsDonna Moulder, [email protected]
Office:500 James Robertson Pkwy, 2nd FlNashville, TN 37243-1146
Phone: (615)741-3611Fax: (615)741-5995
113
TEXASTexas Board of Professional EngineersVictoria J.L. Hsu, PE, Executive [email protected]
Office:1917 Interstate Hwy 35 S.Austin, TX 78741
Phone: (512)4407723Fax: (512)440-0417
Web site: http://www.tbpe.state.tx.us
TEXASTexas Board of Land SurveyingSandy Smith, Executive [email protected]
Office:7701 North Lamar, Suite 400Austin, TX 78752
Phone: (512)452-9427Fax: (512)452-7711
Web site:http://www.txls.state.tx.us/sect00/homepage.html
VIRGINIABoard of Architects, Professional Engineers, LandSurveyors, Certified Interior Designers, andLandscape ArchitectsMark N. Courtney, Administrator
Office:Department of Professional & OccupationalRegulation3600 West Broad StreetRichmond, VA 23230-4917
Phone: (804)367-8512 (Board)(804)367-8514 (Administrator)
Fax: (804)367-2475
Web site: http://www.state.va.us/dpor
VERMONTBoard of Professional EngineeringTheodore McKnight, Board [email protected]
Office:81 River Street, Heritage BuildingMontpelier, VT 05602-1106Phone: (802)828-3256Fax: (802)828-2368
Web site: http://www.vtprofessionals.org
VERMONTBoard of Land SurveyorsTheodore McKnight, Board [email protected]
Office:81 River Street, Heritage BuildingMontpelier, VT 05602-1106
Phone: (802)828-3256Fax: (802)828-2368
Web site: http://www.vtprofessionals.org
UTAHUtah Professional Engineers & Professional LandSurveyors BoardDouglas Vilnius, Board [email protected]
Office:160 East 300 South, 4th FlSalt Lake City, UT 84111
Mailing:160 East 300 SouthBox 146741Salt Lake City, UT 84114-6741
Phone: (801)530-6632Fax: (801)530-6511
Web site: http://www.dopl.utah.gov
VIRGIN ISLANDSBoard of Architects, Engineers, and Land SurveyorsLisa Davis, Administrator
Office:Dept. of Licensing & Consumer AffairsGolden Rock Shopping CenterChristiansted, St. Croix Virgin Islands 00820
Phone: (340)773-2226Fax: (340)713-8308
Web site: http://www.dlca.gov.vi/pro-aels.html
114
WASHINGTONState Board of Registration for Professional Engineers& Land SurveyorsGeorge Twiss, PLS, Executive [email protected]
Office:405 Black Lake Blvd. SWOlympia, WA 98502
Mailing:PO Box 9025Olympia, WA 98507-9025
Phone: (360)664-1575Fax: (360)664-2551
Web site:http://www.dol.wa.gov/engineers/engfront.htm
WEST VIRGINIAState Board of Registration for Professional EngineersLesley L. Rosier, PE, Executive [email protected]
Office:910 Kanawha Valley Building300 Capitol StreetCharleston, WV 25301
Phone: (304)558-3554Fax: (304)558-6232
Web site: http://www.wvpebd.org
115
Reference Section 2 Rule and Statutes of Relevance to New Jersey Professional
Land Surveyors and Engineers. Prepared by the Garden State Land Surveyors Alliance, Inc
Rules and Statutes of Relevance To New Jersey
Professional Land Surveyors & Engineers(“Home Inspection Professional Licensing Act” NOT INCLUDED)
Updated to April 2004
(Or As Noted) July 14th, 2004 Printing
Information compiled and provided as a courtesy by the
GARDEN STATE LAND SURVEYORS ALLIANCE, INC. 530 Hazel Avenue
Perth Amboy, NJ 08861-3015 Ph. 732-442-4373 *** Fax 732-826-8148
IMPORTANT NOTES
1. As of January 29th, 2003 N.J.A.C. 13:40-5.1(d) has been preserved and perpetuated by enactment of P.L. 2003,c.14. (N.J.S.A. 45:8-36.3). Appropriate modification of N.J.A.C. 13:40-5.1(d) has been included in this document.
2. As of February 3rd, 2003 N.J.A.C. 13:40-5.1(d) has been removed from the Administrative Rules by the Board of Professional Engineers and Land Surveyors.
Therefore, in light of the above statute, N.J.A.C. 13:40-5.1(d) has been included (“shaded”
area) in this printing for reference purposes and is subject to the requirements of N.J.S.A. 45:8-36.3 and to such changes as may be deemed necessary by the Board of Professional Engineers
and Land Surveyors on propagation of an amended rule.
TABLE OF CONTENTS SECTION PAGE(S) State Board of Professional Engineers and Land Surveyors Administrative Rules & Regulations - Chapter 40
SUBCHAPTER 1. TITLE BLOCKS AND SEALS FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS ............................................... 1 – 3 SUBCHAPTER 2. APPLICATION REQUIREMENTS (NOT INCLUDED IN THIS DOCUMENT) SUBCHAPTER 3. MISCONDUCT ................................................................. 3 – 5 SUBCHAPTER 4. GENERAL PROVISIONS ................................................. 5 SUBCHAPTER 5. LAND SURVEYORS; PREPARATION OF LAND SURVEYS .…………………. 6 – 10 SUBCHAPTER 6. FEES (NOT INCLUDED IN THIS DOCUMENT) SUBCHAPTER 7. PERMISSIBLE DIVISION OF RESPONSIBILITY IN SUBMISSION OF SITE PLANS AND MAJOR SUBDIVISION PLATS ................................................... 11 – 12 SUBCHAPTER 8. MAINTENANCE OF PROJECT RECORDS .................. 12 – 13 SUBCHAPTER 9. RESPONSIBLE CHARGE OF ENGINEERING OR LAND SURVEYING WORK ......................................................... 13 SUBCHAPTER 10. CONTRACT TO PROVIDE PROFESSIONAL SERVICES ....... 14 SUBCHAPTER 11. LAND SURVEYORS; CONTINUING COMPETENCY ……… 15 – 21 CONTINUING COMPETENCY APPROVAL FORM ………………………….. 22 NJ STATE BOARD GUIDELINES ON SEALS AND TITLE BLOCKS ………………………..………… 23 – 25
N.J.S.A 51:1-6. TEST OF MEASURING DEVICES …………………………………. 26 EDMI FORM ………………………………………………………. 27 New Jersey Administrative Code Title 13, Chapter 45C – Uniform Regulations
13:45C-1.1. Definition of “licensee” …………………………..…………... 29 13:45C-1.2. Licensee’s duty to cooperate
in investigative inquiries ……………………………….……… 29
13:45C-1.3. Specific conduct deemed failure to cooperate …………………………………….………. 29 – 30
TABLE OF CONTENTS (cont’d.) SECTION PAGE(S) New Jersey Administrative Code Title 13, Chapter 45C – Uniform Regulations (cont’d.)
13:45C-1.4. Failure to comply with Board orders as professional or occupational misconduct …………..….. 30
13:45C-1.5. Unavailability of privileges in investigative or disciplinary proceedings …………………………………… 30
13:45C-1.6. Maintenance of and access to statements, records or other information that is subject to a privilege declared unavailable ………………..….…..…. 30 – 31
New Jersey Statutes Annotated Title 2A, Chapter 14 – “10-Year Liability Statute”
2A:14-1.1. Damages for injury from unsafe condition of improvement to real property; statute of limitations; exceptions; terms defined ……………….... 33 – 34 2A:14-1.2. Civil actions commenced by the State, 10 years; “State” defined; exceptions …………………….. 34 2A:14-1.3. Prohibition of certain actions after 10 years ……………… 34 2A:14-1.4. Inapplicability of time limitation for adverse possession cases ……………………….……………………... 34
Municipal Land Use Law TITLE 40 MUNICIPALITIES AND COUNTIES
40:55D-1. Short title ……………………………………………..………….. 35 40:55D-2. Purpose of the act ……………………………………………... 35 – 36 40:55D-3. Definitions; shall, may, A to C …………………….………….. 36 – 37 40:55D-4. Definitions; D to L ..…………………………………..………….. 38 – 39 40:55D-5. Definitions; M to O ..…………………………………..………….. 40 – 41 40:55D-6. Definitions; P to R …………………………………..………….. 41 – 43 40:55D-7. Definitions; S to Z …………………………………..………….. 43 – 45 40:55D-8. Municipal fees; exemptions …………………………………….. 45 – 46 40:55D-9. Meetings; municipal agency ..……………………. ………….. 46
TABLE OF CONTENTS (cont’d.) SECTION PAGE(S) Municipal Land Use Law TITLE 40 MUNICIPALITIES AND COUNTIES (cont’d.)
40:55D-10. Hearings ………………………………………………………….. 47 – 48 40:55D-10.1. Informal review …………………………………….………….. 48 40:55D-10.2. Voting conditions ……………………………………………... 49 40:55D-10.3. Completion of application for development; certification completion after 45 days if no certification; exception; waiver of requirements
for submission ………………………………..……………….. 49
40:55D-10.4. Default approval ..……………………………… …………. 49 – 50 40:55D-11. Contents of notice of hearing on application for development or adoption of master plan ……………... 50 40:55D-12. Notices of application, requirements …………………….. 50 – 52 40:55D-12.1. Registration for notice to utility, CATV company …………………….…………………..….…... 52 – 53
40:55D-12.2. Local utility notice of applications …………………....… 53 40:55D-12.3. Application of subsection h .…………………………..….. 53 40:55D-13. Notice concerning master plan ………………………..…… 53 40:55D-14. Effect of mailing notice ………………………………….…... 54 40:55D-15. Notice of hearing on ordinance or capital improvement program; notice of action on capital improvement or official map ……………………….…… 54 40:55D-16. Filing of ordinances ………………………………………….…… 54 40:55D-17. Appeal to the governing body; time; notice; modification; stay of proceedings …… 55 – 56 40:55D-18. Enforcement .……………………………………………………… 56 – 57 40:55D-19. Appeal or petition in certain cases to the Board of Public Utilities ………………………… 57 40:55D-20. Exclusive authority of planning board and board of adjustment ………………………………………….. 58
TABLE OF CONTENTS (cont’d.) SECTION PAGE(S) Municipal Land Use Law TITLE 40 MUNICIPALITIES AND COUNTIES (cont’d.)
40:55D-21. Tolling of running of period of approval ..………. ………….. 58 40:55D-22. Conditional approvals ………………………….….…………... 58 40:55D-23. Planning board membership ………………..….…………….. 59 – 60 40:55D-23.1. Alternate members …………………………...….………….. 60 – 61 40:55D-23.2. Members of board of adjustment may serve as temporary members of planning board ……………………………………………..……. 61 40:55D-24. Organization of planning board ………………………….….… 61 40:55D-25. Powers of planning board .………………..………………...….. 61 – 62 40:55D-26. Referral powers …………………………..…..……………….... 63 40:55D-27. Citizens advisory committee; environmental commission ……………....…..………………... 63 40:55D-28. Preparation; contents; modification ..…...….………………... 64 – 66 40:55D-29. Preparation of capital improvement program ………………………………………..………………….... 66 – 67 40:55D-30. Adoption of capital improvement program ..………………... 67 40:55D-31. Review by planning board ..…………………………………….. 67 40:55D-32. Establish an official map ………………………………………... 68 40:55D-33. Change or addition to map …………………………………..…. 68 40:55D-34. Issuance of permits for buildings or structures ……………………………………………………..…… 68 – 69 40:55D-35. Building lot to abut street ………………………………………. 69 40:55D-36. Appeals …………………………………………………………… 69 – 70 40:55D-37. Grant of power; referral of proposed ordinance; county planning board approval .……………………………….. 70 40:55D-38. Contents ordinance ……………………………….…………… 70 – 72 40:55D-39. Discretionary contents of ordinance ……………………….. 72 – 74
TABLE OF CONTENTS (cont’d.) SECTION PAGE(S) Municipal Land Use Law TITLE 40 MUNICIPALITIES AND COUNTIES (cont’d.)
40:55D-40. Discretionary contents of subdivision ordinance ………………………………………………….…….. 74 40:55D-40.1. Definitions …………………………………………..…………. 74 40:55D-40.2. Findings, declarations ………………………………………. 74 – 75 40:55D-40.3. Site Improvement Advisory Board ..……………….……… 75 – 76 40:55D-40.4. Submission of recommendations for Statewide site improvement standards for residential development ………………………….……. 76 – 77 40:55D-40.5. Supersedure of site improvement standards ………….... 77 – 78 40:55D-40.6. Municipal zoning power not limited ………………..……. 78 40:55D-40.7. Construction of act …………………………………………. 78 40:55D-41. Contents of site plan ordinance …………………..…….. 78 40:55D-42 Contribution for off-tract water, sewer, drainage, and street improvements ……………….….. … 79 40:55D-43. Standards for the establishment of open space organization ………………………..……..…… 79 – 80 40:55D-44. Reservation of public areas ……………………………….. 80 – 81 40:55D-45. Findings for planned developments ……………….……. 81 40:55D-45.1. General development plan ………………………..…… 81 – 82 40:55D-45.2. Contents of general development plan ……………… 82 – 83 40:55D-45.3. Submission of general development plan …………… 83 – 84 40:55D-45.4. Modification of timing schedule …………………...….. 84 40:55D-45.5. Variation approval ……………………………………..… 84 40:55D-45.6. Revision of general development plan ………….……. 84 40:55D-45.7. Notification of completion ………………………….……. 85 40:55D-45.8. Approval terminated upon completion ..…………..…… 85
TABLE OF CONTENTS (cont’d.) SECTION PAGE(S) Municipal Land Use Law TITLE 40 MUNICIPALITIES AND COUNTIES (cont’d.)
40:55D-46. Procedure for preliminary site plan approval …………….. 85 – 86 40:55D-46.1. Minor site plan; approval ……………………………………. 86 – 87 40:55D-47. Minor subdivision ………………………………………….….. 87 – 88 40:55D-48. Procedure for preliminary major subdivision approval …………………………………….……. 88 – 89 40:55D-48.1. Application by corporation or partnership; list of stockholders owning 10% of stock or
10% interest in partnership ……………….…………...…….. 89
40:55D-48.2. Disclosure of 10% ownership interest of corporation or partnership which is 10% owner of applying corporation or partnership ……………...……. 89
40:55D-48.3. Failure to comply with act; disapproval of application ………………………………………………….. 89 40:55D-48.4. Concealing ownership interest; fine ..…………………. 89 – 90 40:55D-49. Effect of preliminary approval ……………………….……. 90 – 91 40:55D-50. Final approval of site plans and major subdivisions ……………………………………………….….. 91 40:55D-51. Exception in application of subdivision or site plan regulation; simultaneous review and approval ……………………………………..…… 92 40:55D-52. Effect of final approval of a site plan or major subdivision ………………………………. 92 – 93 40:55D-53. Guarantees required; surety; release …………………..... 93 – 96 40:55D-53a. Standardized form for performance guarantee, maintenance guarantee, letter of credit ………………………………..……………….. 97 40:55D-53b. Acceptance of standardized form ………………….……. 97 40:55D-53.1. Interest on deposits with municipalities ..………….….. 97 40:55D-53.2. Municipal payments to professionals for services rendered; determination ……………….……. 98 – 100
TABLE OF CONTENTS (cont’d.) SECTION PAGE(S) Municipal Land Use Law TITLE 40 MUNICIPALITIES AND COUNTIES (cont’d.)
40:55D-53.2a. Applicant notification to dispute
charges; appeals; rules, regulations …………………..…….. 100 – 101
40:55D-53.3. Maintenance, performance guarantees ……………………. 101 40:55D-53.4. Municipal engineer to estimate cost of installation of improvements ……………………..…………… 101 40:55D-53.5. Performance of maintenance guarantee, acceptance ………………………………………..……………… 102 40:55D-53.6. Municipality to assume payment of cost of street lighting ……………………………………...…………. 102 40:55D-54. Recording of final approval of major subdivision; filing of all subdivision plats …....…………… 102 – 103 40:55D-54.1. Notification to tax assessor of municipality ………….… 103 .. 40:55D-55. Selling before approval; penalty; suits by municipalities …………………………………....….. 103 – 104 40:55D-56. Certificates showing approval; contents ………………….. 104 40:55D-57. Right of owner of land covered by certificate ………….... 105 40:55D-58. Condominiums and cooperative structures and uses …………………………………………………..…….. 105 40:55D-60. Planning board review in lieu of board of adjustment ………………..…………………… 105 – 106 40:55D-61. Time periods ..………………………………………….………. 106 40:55D-62. Power to zone …..……………………………….……………. 106 – 107 40:55D-62.1. Notice of hearing on amendment to zoning ordinance ………………………………………………. 107 – 108 40:55D-63. Notice and protest …………………………………………….. 108 40:55D-64. Referral to planning board …………………………………… 109 40:55D-65. Contents of zoning ordinance …………………….………… 109 – 110 40:55D-65.1. Zoning ordinance may designate, regulate historic sites, districts ……………………….……. 110
TABLE OF CONTENTS (cont’d.) SECTION PAGE(S) Municipal Land Use Law TITLE 40 MUNICIPALITIES AND COUNTIES (cont’d.)
40:55D-66. Miscellaneous provisions; model homes; public and private day schools; placement of foster children in single family dwellings ……………………………………………..…….110 – 111 40:55D-66.1 Community residences, shelters, adult family care homes; permitted use in residential districts ……………………………………… 111 40:55D-66.2. Definitions ..………………………………………………….…..111 – 112 40:55D-66.3. Severability …………………………………………………..…. 112 40:55D-66.5a. Findings, declarations ………………………………………. 112 – 113 40:55D-66.5b. Family day care homes permitted use in residential districts; definitions …………………………….. 113 – 114 40:55D-66.6. Child care centers located in nonresidential municipal districts; permitted ………………………………...… 114 40:55D-66.7. Child care center excluded in calculation
of density of building ……………………………………………. 114 40:55D-66.7a. Child care programs, exemption from local zoning restrictions …………………………………….… 115 40:55D-66.8. Siting of structure, equipment for groundwater remedial action …………………………….……. 115 40:55D-66.9. Variance for remedial action ..……………………….……… 116 40:55D-66.10. Methadone clinic deemed business for zoning purposes …………………………………….……… 116 40:55D-67. Conditional uses; site plan review …………………….…… 116 – 117 40:55D-68. Nonconforming structures and uses ……………………… 117 40:55D-68.1. Year-round operation ……………………………...………… 117 40:55D-68.2 Determination of eligibility ……………………….……….. 118 40:55D-68.3. Penalty for violation ………………………………..………. 118 40:55D-68.4 Certain senior citizens permitted to rent, lease rooms. …………………………………..………. 118
TABLE OF CONTENTS (cont’d.) SECTION PAGE(S) Municipal Land Use Law TITLE 40 MUNICIPALITIES AND COUNTIES (cont’d.)
40:55D-68.5 "Senior citizen" defined …………………………………….. 118 40:55D-68.6 Powers of municipality intact …………………………..…. 118 40:55D-69 Zoning board of adjustment ………………………………….. 119 40:55D-69.1. Members of planning board may serve temporarily on the board of adjustment ……………………………………………….…… 119 40:55D-70 Powers ………………………………………………………….... 120 – 121 40:55D-70.1. Annual report ……………………………………………..….. 121 40:55D-70.2. Board of adjustment, determination; reasons ……………………………………………………….…… 121 40:55D-71. Expenses and costs ………………………………………..…. 121 40:55D-72. Appeals and applications to board
of adjustment …………………………..…….………………….. 122 40:55D-72.1. Continuation of application ………………………..……… 122 40:55D-73. Time for decision ……………………………………..……… 122 40:55D-74. Modification on appeal ………………………………………. 122 40:55D-75. Stay of proceedings by appeal; exception …………..….. 122 – 123 40:55D-76. Other powers …………………………………………………. 123 – 124 40:55D-77. Generally ……………………….……………………………… 124 40:55D-78. Terms of joint agreement ………………………………….... 124 40:55D-79. Membership of regional boards ..………………………….. 124 – 125 40:55D-80. Organization of regional boards; rules and procedures ……………………….………………... 125 40:55D-81. Expenses; staff and consultants ……………………….….. 125 40:55D-82. Sharing of costs and expenses ……………………………. 125 40:55D-83. Termination of agreement .………………………….……….. 125 – 126
TABLE OF CONTENTS (cont’d.) SECTION PAGE(S) Municipal Land Use Law TITLE 40 MUNICIPALITIES AND COUNTIES (cont’d.)
40:55D-84. Regional planning board; powers ………………..…………. 126 40:55D-85. Regional board of adjustment ………………………..……… 126 40:55D-85.1. Appeal to municipality of final decision on application for development by regional planning board or zoning board of adjustment ……………………………………………. 126 – 128 40:55D-86. Appointment of joint building officials, zoning officers and planning administrative officers …………………….…………………… 128 40:55D-87. Joint administrative functions ………………..……………… 128 40:55D-88. Delegation to county, regional and interstate bodies ………………………….……………….. 128 40:55D-89 Periodic examination …………………………..………………. 128 – 129 40:55D-89.1. Rebuttable presumption …………………………….………. 129 40:55D-90. Moratoriums; interim zoning ………………………..………. 129 – 130 40:55D-91. Severability of provisions ……………………………………. 130 40:55D-92. Construction …………………………………………..……….. 130 40:55D-93. Preparation; storm water control ordinances to implement; date of completion; reexamination ……………………………………………….….. 130 40:55D-94. Integral part of master plan; coordination with soil conservation district and other
storm water management plans ……………………………… 130 40:55D-95. Storm water management plan, ordinance; requirements …………………………………..….. 131 40:55D-95.1. Rules, regulations ……………………………………….…… 131 40:55D-96. Exceptions, permitted ………………………………..………. 132 40:55D-97. Submission of storm water management plan, ordinances; approval ………………………………....… 132
TABLE OF CONTENTS (cont’d.) SECTION PAGE(S) Municipal Land Use Law TITLE 40 MUNICIPALITIES AND COUNTIES (cont’d.)
40:55D-98. Grants for preparation of storm water management plans ………………………………………..……. 132 40:55D-99. Technical assistance and planning grants for municipalities from counties and county planning agencies and water resources associations …………….…. 132
New Jersey Statutes Annotated Title 45, Chapter 1 – Uniform Enforcement Act 45:1-14. Legislative findings and declarations; liberal construction of act ..………………………………….. 133 45:1-15. Application of act ……………………………………………....… 133 45:1-15.1. Rules, regulations …………………………………………...…. 133 45:1-16. Definitions …………….………………………………………...…. 134 45:1-17. Powers of Attorney General to implement act and administer law enforcement activities of boards …..….. 134 – 135 45:1-18. Investigative powers of boards, director or attorney general ………….…………..………………….... 135 – 136 45:1-19. Failure or refusal to file statement or report, refuse access to premises or failure to obey subpoena; penalty …………………………..………… 136 45:1-20. Compelling testimony or production of book, paper or document; immunity from prosecution .….……..…... 136 45:1-21. Refusal to license or renew, grounds …………….………… 137 – 138 45:1-21.1. Information of DEP application compliance, seminar attendance ……….……………….…………...…... 138 – 139 45:1-21.2. Suspension of certain licenses, registrations, certifications for failure to repay student loans …..…... 139 45:1-21.3. Violation of the responsibility to make 911 call, forfeiture of license, authorization to practice …………... 1398 45:1-22. Additional, alternative penalties …..………………………… 139 – 141
TABLE OF CONTENTS (cont’d.) SECTION PAGE(S) New Jersey Statutes Annotated Title 45, Chapter 1 – Uniform Enforcement Act (cont’d.) 45:1-23. Summary proceeding in Superior Court; injunctions; orders necessary to prevent unlawful practice or remedy past unlawful activity ……………………………… 141 45:1-24. Failure to pay penalties; enforcement ………………….…… 141 45:1-25. Violations, penalties …………………………………………… 142 45:1-26. Repeal of inconsistent acts and parts of acts …………….. 142 45:1-27. Severability ……………………………………………………… 143
New Jersey Statutes Annotated Title 45, Chapter 4B – Building Design Services Act 45:4B-1. Short title ……………………………………………………….. 145 45:4B-2. Findings, declarations ……..……………………..………...… 145 45:4B-3. Definitions …………….……………………………..……….…. 145 – 147 45:4B-4. Joint Committee of Architects and Engineers …………... 147 – 148 45:4B-5. Powers, duties of joint committee ……………………..….. 148 45:4B-6. Referral of complaint, question, controversy to joint committee ……….….……………………………..….. 148 45:4B-7. Classification of buildings, structures ………………....…. 149 – 150 45:4B-8. Licensed architect; contracts for services; conditions ………...……….….……………………….……….. 150 – 151 45:4B-9. Professional engineer; contracts for services; conditions ………...……….….………………………..…..….. 151 45:4B-10. Architect to design engineering systems; conditions ………...……….….………………………..…..…. 152 45:4B-11. Licensee to maintain records ……………….………..….. 152 45:4B-12. Engineers may perform building design services, not architectural services ..………………....….. 151 45:4B-13. Architects may perform works facilities design, not engineering services …...………………...….. 153 45:4B-14. Violation of act deemed professional misconduct …… 153
TABLE OF CONTENTS (cont’d.) SECTION PAGE(S) New Jersey Statutes Annotated Title 45, Chapter 8 – Professional Engineers and Land Surveyors 45:8-1 to 45:8-26. (Repealed by L. 1938, c.342) .……………………….. 155 45:8-27. License required; display of license; exceptions; corporations, firms partnerships and associations …………………………………………….…...… 155 – 156 45:8-28. Definitions …………….…………………………..…….……...…. 155 – 158 45:8-29. Examining Board ………………………………..…………..….. 159 45:8-30. Board of Professional Engineers, Land Surveyors …..….. 159 – 160 45:8-31. Oath of members; filing; duty of Attorney General; powers of board; compelling compliance with subpoena ……………………………………………..…….... 160 45:8-32. Meetings; officers …………………………………………..….. 160 – 161 45:8-33. Itemized account to be kept; report; filing; forwarding to Attorney General ………………………………….…..….. 161 45:8-34. Records; proceedings of examining board; applicants for licenses; evidence ……………………...….. 161 45:8-35. Applications for license, certificate of registration; fees; qualifications; evidence of qualifications; examination .……………………………………………….…. 161 – 166 45:8-35.1. Licensee architects may be licensed as professional engineers; examination ..………………………………….….. 166 45:8-35.2. Continuing professional competency credits required for certification ..………………………………...….. 166 45:8-35.3. Duties of board ….………………..…………………….…..….. 166 – 167 45:8-35.4. Board to establish procedures .…………………………..….. 167 45:8-35.5. Board may waive requirements ..…………………….…..….. 167 45:8-35.6. Credits not required for initial registration .……………..... 167 45:8-35.7. Prorating of credits ….…………………….………………..….. 167 – 168 45:8-35.8. Proof of completion of credits .………………………..…….. 168
TABLE OF CONTENTS (cont’d.) SECTION PAGE(S) New Jersey Statutes Annotated Title 45, Chapter 8 – Professional Engineers and Land Surveyors (cont’d) 45:8-35.9. Failure to complete professional competency requirements; penalty ………………..…… 168 45:8-35.10. Carryover of credits …………………….………………..….. 168 45:8-36. Certificates ………………………………………………..…..….. 168 – 169 45:8-36.1. Use of title “professional land surveyor” .…………….….. 169 45:8-36.2. Retirement procedures; resuming practice after retirement ………………………..…………………...….. 169 – 170 45:8-36.3. Waiver of corner marker requirements for certain land surveying work ………………………..…..….. 170 45:8-37. Expiration and renewal of licenses; fees; revocation on failure to renew license …………………..... 170 – 171 45:8-38. Repealed by L.1979, c. 432, s 1, eff. Feb. 14, 1980 …………. 171 45:8-39. Practice without license and other violations; penalties; actions for penalties ………………………..…... 171 – 172 45:8-40. Persons exempt …….………………………………..……..….. 172 – 173 45:8-41. Licensed engineers and surveyors on public contracts or works required ………………………...…..….. 173 45:8-42. Employment of licensed engineers by governmental departments ……..……………………………………..…..….. 173 45:8-43. Filing of name of engineer engaged by governmental departments; employment of engineers and land surveyors ……………………….……... 174 45:8-44.1. Authority of land surveyors to go on, over and upon lands of others during reasonable hours …………... 173 – 175 45:8-44.2. Entry not trespass; immunity from arrest or civil action ………………………………………....……..…..….. 175 45:8-44.3. Destruction, injury or damage to land; prohibition; liability ……………..………………….…..…..….. 175 45:8-44.4. Nonliability of owner or lessee of land …………………..….. 175
TABLE OF CONTENTS (cont’d.) SUBSECTION PAGE(S) New Jersey Statutes Annotated Title 45, Chapter 8 – Professional Engineers and Land Surveyors (cont’d) 45:8-44.5. Inapplicability of act to lands traversed by operating railroad ………………..………………..…..…..….... 175 45:8-45. Certificate and seal of licensed engineer, surveyor or architect on plans and specifications on public work …. 175 – 176 45:8-46. (Not Listed) 45:8-47. Effect on other professions ……………………………..…..….. 176 45:8-48. Partial invalidity; construction of chapter .……………….….. 176 45:8-49. Repealer ……………………………..………………………....….. 176 45:8-50 to 45:8-55. Repealed by L.1950, c. 149, s 20,eff. May 26, 1950 …… 176 45:8-56. Certificate of authorization ……………………………………… 176 – 177 45:8-57. Contents of application; biennial renewal fee ……………..... 177 45:8-58. Powers of board …………………………………….…………… 177 45:8-59. Records to establish regular, effective supervision ………. 178 45:8-60. Responsibility for acts of agents, employees, officers ……. 178 New Jersey Statutes Annotated Title 46, Chapter 8B – “Condominiums” 46:8B-1. Short title ……………….…………………….…………….….. 179 46:8B-2. Saving clause ..……..…………..……………………………... 179 46:8B-3. Definitions ……………....……………………………………… 179 – 181 46:8B-4. Status of units ………………………....…………………….... 181 46:8B-5. Types of ownership …………..….……………………….….. 181 46:8B-6. Common elements ………………………….…………….….. 182 46:8B-7. Invalidity of contrary agreements ..………………………... 182 46:8B-8. Creation, establishment of condominium .…………….….. 182 46:8B-8.1. Establishment of condominium upon land held under lease ..……..…………..……………………………... 182
TABLE OF CONTENTS (cont’d.) SUBSECTION PAGE(S) New Jersey Statutes Annotated Title 46, Chapter 8B – “Condominiums” (cont’d.) 46:8B-9. Master deed, contents ..……………………………………… 182 – 183 46:8B-10. Unit deeds and other instruments ..…………………….... 184 46:8B-11. Amendments to master deed ….……………………….….. 184 46:8B-12. The association …………………………….…………….….. 184 46:8B-12.1. Members of governing board; elections; written approval of actions by developer; control by board; delivery of items ..……..……………... 185 – 187 46:8B-12.2. Management, employment, service or maintenance contract or contract for equipment or materials; 2 year limitation; termination ..……………… 187 46:8B-13. Bylaws ………………………………....…………………….... 187 – 188 46:8B-13.1. Explanatory materials, guidelines for condominium associations, administrators ……….….. 188 46:8B-14. Responsibilities of association ……………………….….. 188 – 190 46:8B-15. Powers of association ..……..……………………………... 190 – 191 46:8B-16. Authority, rights of unit owner .…………………………… 191 – 192 46:8B-17. Common expenses ……………….....…………………….... 192 46:8B-18. Prohibited work ………………….……………………….….. 191 – 193 46:8B-19. Taxes, assessments and charges; valuation of units; exemptions or deductions .…...….. 193 46:8B-20. Liens for labor or materials ..……………………………... 193 46:8B-21. Liens in favor of association; priority …………………… 194 – 195 46:8B-22. Effect of sheriff’s sale ……………....…………………….... 196 46:8B-23. Blanket mortgage …………….….……………………….….. 196 46:8B-24. Fire or other casualty ……………………..…………….….. 196 – 197 46:8B-25. Eminent domain …..…………..……………………………... 197 46:8B-26. Condominium termination .………………………………… 197
TABLE OF CONTENTS (cont’d.) SUBSECTION PAGE(S) New Jersey Statutes Annotated Title 46, Chapter 8B – “Condominiums” (cont’d.) 46:8B-27. Effect of deed of revocation ..…………………………….... 198 46:8B-28. Resubmission …………………….……………………….….. 198 46:8B-29. Zoning ………………………………………..…………….….. 198 46:8B-30. Partial invalidity …..…………..……………………………... 198 46:8B-31. Legislative findings and declarations …………………… 198 – 199 46:8B-32. Unconscionability of leases; rebuttable presumption; elements of lease ..………………………….…………….... 199 –200 46:8B-33. Severability ……………………….……………………….….. 200 46:8B-34. Selling price; inclusion of statement of membership fees .……………………………………….….. 200 46:8B-35. Lease of parking, recreational or other common facility or area for over 20 years; option to renew or purchase ..…….……………………... 200 46:8B-36. Master deeds or bylaws of association; rebuttable presumption of unconscionability ………… 201 46:8B-37. Application of act …………………....…………………….... 201 46:8B-38. Right of first refusal clause in contract for sale of condominium, master deed or association bylaws; applicability to state or any political subdivision ….……………………….….. 201 New Jersey Statutes Annotated Title 46, Chapter 23 – “Map Filing Law” 46:23-9.7. Repeals .…………………………..……………………....….. 203 46:23-9.8. Effective Date ..……………………..…………….……..….. 203 46:23-9.9. Short Title ……………………………………….…………… 203 46:23-9.10. Definitions ……………………………………….……….... 203 – 204 46:23-9.11. Requirements for approval ..…………………………… 204 – 209 46:23-9.12. Time for approval …………………..………….…………. 209
TABLE OF CONTENTS (cont’d.) SUBSECTION PAGE(S) New Jersey Statutes Annotated Title 46, Chapter 23 – “Map Filing Law” (cont’d.) 46:23-9.13. Approval of map by municipality not acceptance of roads, streets or highways .…………… 209 46:23-9.14. Prerequisites to filing ……….…………………………… 209 46:23-9.15. Filing and indexing of maps, fee .……………………… 210 46:23-9.16. Repeals .………………………………………………....….. 210 46:23-9.17. Nonapplicability of P.L. 1997, c.211 to certain maps relating to construction bids prior to July 1, 2001 …………………………………………….... 210 – 211 46:23-9.18. Applicability of laws relative to filing of subdivision plat ………………………………………..….... 211 46:23-10. Duplicates of maps in cities having atlases or block maps filed with recording officer and transmitted to proper city officer ……………………….... 211 46:23-11. Approval and filing of duplicates of maps identical with maps already filed except as to style or title thereof; effect ………………………….……... 211 TITLE 20 “EMINENT DOMAIN” 20:3-1. Short title ……………………………………………………………. 213 20:3-2. Definitions …………………………………………………………… 213 – 214 20:3-5. Severability …………………………………………………………... 214 20:3-4. Effective date ………………………………………………………… 214 20:3-5. Jurisdiction …………………………………………………………... 215 20:3-6. Application of act …………………………………………………… 214 20:3-7. Procedure in actions ……………………………………………… 215 – 216 20:3-8. Commencement of action ………………………………………… 216 20:3-9. Process ……………………………………………………………….. 216 20:3-10. Lis pendens …………………………………………………………. 216
TABLE OF CONTENTS (cont’d.) SUBSECTION PAGE(S) TITLE 20 “EMINENT DOMAIN” (cont’d.) 20:3-11. Denial of authority to condemn ………………………………… 216 20:3-12. Appointment of commissioners and hearings …………..….. 217 – 218 20:3-13. Appeal ……………………………………………………………… 218 – 219 20:3-14. Agreement as to compensation ………………………..……… 219 20:3-15. Exclusion …………………………………………………………… 219 20:3-16. Preliminary entry …………………………………………………. 219 20:3-17. Possession of property and declaration of taking …………. 219 – 220 20:3-18. Deposit of estimated compensation …………………………. 220 20:3-19. Right to possession and vesting of title ……………………… 220 – 221 20:3-20. Nature of title condemned ………………………………………. 221 20:3-21. Date of vesting of title …………………………………………… 221 20:3-22. Appeal not to affect right to possession and vesting of title .. 221 20:3-23. Withdrawal of funds …………………………………………….. 222 20:3-24. Revesting of title and restoration of possession …………… 222 20:3-25. Compelling condemnor to file declaration of taking ……… 222 20:3-26. Owner reimbursement by condemnor ………………………. 222 – 223 20:3-27. Deposit and withdrawal of funds not prejudicial …………… 223 20:3-28. Fees of clerk of the court ………………………………………… 223 20:3-29. Compensation …………………………………………………….. 223 20:3-29.1. Compensation for loss of income …………………………… 224 20:3-30. Determination date of just compensation …………………… 224 20:3-31. Payment of interest ……………………………………………… 224 20:3-32. Disputes as to interest …………………………………………. 224 20:3-33. Possession by individuals or private corporations ……….. 225
TABLE OF CONTENTS (cont’d.) SUBSECTION PAGE(S) TITLE 20 “EMINENT DOMAIN” (cont’d.) 20:3-34. Deposit of funds where ownership in dispute ……………… 225
20:3-35. Abandonment of proceedings …………………………………. 225 20:3-36. Method of abandonment …………………………………….… 225
20:3-37. Uneconomic remnants ……………………………………….… 226 20:3-38. Blighted areas ………………………………………………….. 226 20:3-39. Housing authority or redevelopment agency; declaration of taking …………………………………….…. 226 20:3-40. Acquisitions by State colleges; declaration of taking ……… 226 20:3-41. Lands etc. needed for defense or for airports; declaration of taking ……………………………………..……. 226 20:3-42. Recovery of taxes or other municipal liens or charges …… 226 20:3-43. Right of owner to recover amount awarded; lien ………… 227 20:3-44. Payment of amount of judgment on appeal; right to possession; lien, other remedies ………………… 227 20:3-45. Condemnation of public utility property by municipality;
after acquired property and improvements …………….… 227 – 228
20:3-46. Sidewalks; lands condemned for highways to include; condemnation of lands for sidewalks ……………………….. 227
20:3-47. Improvement with payment for property taken by assessments against improvement; election to proceed under separate statute …………………….……... 228 20:3-48. Reference to prior law as reference to this act ………………… 228 20:3-49. Repeal of chapter 1 of Title 20 and P.L.1942, chapter 14 ……. 229 20:3-50. Repeal of inconsistent acts; application of act to agencies, utilities, etc. with power of eminent domain ………………… 229
TABLE OF CONTENTS (cont’d.) SUBSECTION PAGE(S) TITLE 27 “HIGHWAYS” 27:19-1. Construction; maintenance and repair; joint county bridges ………………………………………… 231 27:19-2. Petition for bridge or viaduct; referendum; resolution … 231 27:19-3. Ballot; form and content ……………………...……………. 231 – 232 27:19-4. Petition for bridge or viaduct in adjoining counties;
referendum or resolution ………………………………….. 232
27:19-5. Acquisition of property and rights therein; payment …… 232– 233 27:19-6. Bridges and viaducts to connect highways ………………. 233 27:19-7. Commission to settle disputes; appointment, powers,
duties and compensation ………………………………….. 233
27:19-8. Joint municipal bridges ……………………………………… 233 – 234 27:19-9. Closing unsafe bridges; repair; freeholders notified ……… 234 27:19-10. Bridges; actions for personal injuries or property damage ………………………………………………. 234 27:19-11. Toll bridges and viaducts; acquisition; maintenance as free bridges …………………………………………………. 234 – 235 27:19-12. Acquisition of joint bridges; agreements; contents; cost apportioned …………………………………………..….. 235 27:19-13. Regulations for bridges and viaducts; bridge tenders; police powers ……………………………………………..…… 235 27:19-14. Advertisement for bids; designs, plans and specifications ……………………………………………..…… 235 27:19-15. Moneys for preliminary expenses; annual charges; how raised ……………………………………………………….. 235 – 236 27:19-16. Approaches included in "viaduct and bridge" …………..… 236 27:19-17. Joint construction and operation of bridge in one county …. 236 27:19-18. Bridges to conform to wharf lines; drawbridges …………… 236 27:19-19. Tracks, pipes, conduits on bridges; agreement;
appeal to utility commissioners ……………………………. 236 – 237
TABLE OF CONTENTS (cont’d.) SUBSECTION PAGE(S) TITLE 27 “HIGHWAYS” (cont’d.) 27:19-20. Bridge over certain tidal waters; legislative consent ……. 237 27:19-21. Liability during repairs ………………………………………… 237 27:19-22. Changing course of stream; acquisition of property ……. 237 27:19-23. Joint county bridges; preliminary survey; cost of survey apportioned ………………………………….. 237 27:19-24. Bond issue; maturity ………………………………………….. 237 27:19-25. Contribution by state ………………………………………….. 238 27:19-26. County bridge commission; general powers; "bridge" defined ………………………………………..……… 238 – 239 27:19-26.1 Definitions relative to county bridge commission projects, certain. ……………………………………………….. 239 27:19-26.2 Additional powers of county bridge commission ……….. 239 27:19-26.3 Empowerment to enter into lease, agreement. …………… 240 27:19-26.4 Powers of county, municipality …………………………….. 240 27:19-26.5 Empowerment to convey land to commission …………… 241 27:19-27. Entry upon and condemnation of lands …………………… 241 27:19-28. Power to acquire or construct approaches and bridges …………………………………………….………. 241 – 242 27:19-29. Tolls, facility charges ….………………………………………. 242 27:19-30. Total cost; what to include …………………….……………… 242 27:19-31. Financing of purposes, powers of bridge commission …… 243 – 244 27:19-32. Bonds of bridge commission …..………………………….…. 244 – 246 27:19-32.1. Covenant of State with bondholders ……………………… 247 27:19-32.2. Legal investments, evidences of indebtedness of commission as ……………………………………….……. 247 27:19-33. Creation of commission; corporate powers; members; terms and vacancies; property exempt from taxation and execution; bonds tax exempt ………… 247 – 248
TABLE OF CONTENTS (cont’d.) SUBSECTION PAGE(S) TITLE 27 “HIGHWAYS” (cont’d.) 27:19-34. Organization of commission; officers and employees; compensation …………………………………………..……… 248 27:19-34.1. Contracts for hospitalization, medical, surgical, etc., benefits; validation and confirmation of payments ……………………………….……………………. 248 – 249 27:19-35. Awarding of contracts, agreements (Old from website.) ….. 249 27:19-35. Bridge construction contracts ………………………………. 249 27:19-36. Operation of bridges; tolls; agreements with counties for
maintenance of bridges; powers of counties ……………. 249 – 250
27:19-36.1. Payments to municipality in lieu of taxes ……..…………. 250 27:19-36.2. Lease or conveyance of real property to county bridge commission ……………………………………..……. 251 27:19-36.3. Appointment of bridge police; authority; procedure on arrest ………………………………………………….……. 251 27:19-36.4. Rules and regulations by county bridge commission …. 251 27:19-36.5. Penalties for violations ……………………….……………… 251 – 252 27:19-37. Records; semiannual statements; examination ………….. 252 27:19-37.1. Surplus capital funds; determination; disposition .……. 252 27:19-37.2. Use of surplus capital funds ………………………….……. 252 27:19-38. Joint county bridge commission ……………………….……. 252 – 253 27:19-39. Dissolution of commission; assumption of duties ……….. 253 27:19-40. Bridges extending within limits of other states not to be
acquired or constructed ………………………………………. 253
27:19-41. Sale by commission of bridges extending within limits of other states ………………………………………………….. 253 27:19-42. Disposition of proceeds of sale of bridges extending within limits of other states ………..………………………… 254 27:19-43. Disposition of proceeds of condemnation award for bridge ………………………………………………...……… 254
TABLE OF CONTENTS (cont’d.) SUBSECTION PAGE(S) TITLE 27 “HIGHWAYS” (cont’d.) 27:19-44. Dissolution of county bridge commission ………………….. 254 27:19-45. Replacement or reconstruction of bridges or approaches; powers of commission ………………………………………. 255
27:20-1. Acquisition of plank roads; bridges; maintenance by
counties and municipalities ………………………………… 255
27:20-2. Joint control of bridges between counties ………………….. 255 – 256 27:20-3. Repair of bridges; participation by street railway company;
agreement; action ……………………………………………… 256
27:20-4. Maintenance and operation of jointly-acquired plank roads; agreement; action ……………………………………………… 256
27:20-5. Use of unappropriated funds; taxation ……………………….. 256 27:20-6. Changed conditions to alter apportionment; action .………. 256 27:20-7. Widening plank roads acquired by county ………..………… 257 27:20-8. Widening roads; acquisition of property; cost borne by
counties respectively ………………………………………….. 257
27:20-9. Bond issue …………………………………………………………. 257 27:20-10. Joint operation by freeholders abandoned; boards to act separately …………………………………..…. 257 27:20-11. Police and employees assigned to their own county …….. 257 27:20-12. Maintenance of certain turnpikes purchased ……………… 257 – 258 27:21-1. Construction by county; application by municipality …....… 258 27:21-2. Approval of plans by municipality before advertising for bids …………………………………………………….…...… 258 27:21-3. Apportionment of cost; agreement; action where no agreement ……….……………………………………….….. 258 27:21-4. Damage to abutting property paid by municipality …...….… 258 27:21-5. Share borne by county; limitation ……….……………………. 257 27:21-6. County bonds ……………………………………………………… 259
TABLE OF CONTENTS (cont’d.) SUBSECTION PAGE(S) TITLE 27 “HIGHWAYS” (cont’d.) 27:21-7. Municipal bonds; limitation ……………………………………… 259
27:21-8. Freeholders may agree with municipality for
care of bridges ………………………………………….………. 259 27:22-1. Improvement of municipal roads; joint county and municipal action; assessments for benefits ……………… 259 – 260 27:22-2. Use of funds received from state ………………………………. 260 27:22-3. Limitation of the amount contributed by county …..…….…. 260 27:22-4. Maintenance of municipal streets by county and municipality; contracts ……………………………………..… 260 27:22-5. Amount contributed by county; limitation ………………..….. 260 27:22-6. Roads remain municipal roads; work done by freeholders ……………………………………………….….… 260 27:22-7. Joint county and municipal contract respecting certain streets; settling disputes ……………………….….. 260 – 261 27:22-8. Improvement of roads dividing municipalities; application; contract ….………………………………..…... 261 27:22-9. Roads continuations of county roads; improvement; county aid ……………………………………………….….... 261 – 262 27:22-10. Use of funds obtained from highway commissioner; consent required ……………………………………..…...... 262 27:22-11. Bridges and culverts eliminated; construction of sewers;
county and municipal agreement …………………….….…. 262
27:22-12. Contribution by county for maintenance and repair ….….. 262 27:22-13. Maintenance of certain township roads in adjoining county …………………………………………………….…….. 262 27:22-14. Agreement; approval by county …………………………..…. 262 – 263 27:22-15. Cost charged to county road appropriation …………...…. 263
TABLE OF CONTENTS (cont’d.) SUBSECTION PAGE(S) TITLE 34 “OVERHEAD UTILITIES” 34:6-47.1. Definitions …………………………………………………… 265 34:6-47.2. Prohibited activity …………………………………………. 265 34:6-47.3. (NOT LISTED) 34:6-47.4. Warning sign required …………………………………….. 266 34:6-47.5. Notification to power company and responsibility for safeguards ……………………………………………..… 266 34:6-47.6. Enforcement ……………………………………..……………. 266 34:6-47.7a. Penalty for violation ……………….……………………….. 266 34:6-47.8. Exceptions ………………..…………………………………… 267 34:6-47.9. Partial invalidity ………………………………………….…… 267 TITLE 48 “PUBLIC UTILITIES” (Underground) 48:2-73. Short title ……………..………………………………………… 269 48:2-74. Findings, declarations, determinations …………………… 269 48:2-75. Definitions ………………… ……………………...……………. 269 – 271 48:2-76. One-Call Damage Prevention System,
established; rules, regulations …………………………….. 271
48:2-77. Operation of One-Call Damage Prevention System …….… 271 – 272 48:2-78. Appropriate waiver conditions …………………….…………. 272 48:2-79. System operator, responsibilities …………..……………….. 272 48:2-80. Underground facility operator, responsibilities; underground facility markings …………………………… 273 – 274 48:2-81. Marking of facilities; nonapplicability; excavation, permitting process on State property …………………… 274 – 275 48:2-82. Notification of the One-Call Damage Prevention System; excavator’s duties …………………………………………. 275 – 276 48:2-83. Proof of notification required for permission to excavate …………………………….………………………. 276
TABLE OF CONTENTS (cont’d.) SUBSECTION PAGE(S) TITLE 48 “PUBLIC UTILITIES” (Underground) (cont’d.) 48:2-84. Nonapplicability to emergencies ……….……………..….. 276
48:2-85. Map of pipeline; filing …………………………………..…… 276
48:2-86. Violation of act; injunction; civil penalties …………..…… 276 – 277 48:2-87. Illegal excavation; disorderly persons offense, third degree crime ………………………………………….. 278 48:2-88. Penalty for operator violations …………………..………..… 278 48:2-89. Notice failure, prima facie evidence of negligence ………. 278 48:2-90. Civil penalties to the State …………………………………… 279 48:2-91. Board’s jurisdiction not affected ……………………………. 279 NOTES …………………………………………………………………………. 280
Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers
INFORMATION CONTAINED HEREIN HAS BEEN TAKEN FROM THE FOLLOWING SOURCES: STATUTES & REGULATIONS - 1998, Board of Professional Engineers & Land Surveyors
Board of Professional Engineers and Land Surveyors Rules - Readoption with Amendments: N.J.A.C. 13:40, AS PRINTED IN THE NEW JERSEY REGISTER (PROPOSED: SEPTEMBER 17, 2001 at 33 N.J.R. 3241(a) - ADOPTED IN PART: May 2, 2002 by the
STATE BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS, James D. Kelly, Board President - FILED: September 6, 2002 as R.2002 d.322, without change but with a portion of the proposed amendment to N.J.A.C. 13:40-5.1(d) not adopted at this time.-
PUBLISHED IN THE NEW JERSEY REGISTER ON OCTOBER 7, 2002, at 34N.J.R. 3532(c). REMAINDER ADOPTED: February 3, 2003 by the STATE BOARD OF PROFESSIONAL ENGINEERS AND LAND
SURVEYORS, Pravin H. Patel, Board President - FILED: September 6, 2002 as R.2002 d.321, without change.- PUBLISHED IN THE NEW JERSEY REGISTER ON FEBRUARY 3, 2003, at 35N.J.R. 618(b).
Official Documents of the "New Jersey Administrative Code" as Supp. 9-18-95, Pages 40-1 thru 40-16. (Differences between this document and the above referenced documents Indicated Boldfaced in Brackets [thus])
ALL INFORMATION CONTAINED HEREIN IS FOR REFERENCE PURPOSES ONLY AND IS NOT INTENDED FOR ANY
OTHER PURPOSE WHATSOEVER. THEREFORE THIS INFORMATION SHOULD NOT BE RELIED ON AS AN OFFICIAL DOCUMENT. THE FULL AND OFFICIAL TEXT OF DOCUMENTS (ORIGINALS) SHOULD BE REVIEWED BEFORE ANY DECISIONS OR ACTIONS ARE TAKEN. IN THE EVENT OF DISCREPANCIES, THE "OFFICIAL TEXT"
SHALL GOVERN.
State Board of Professional Engineers and Land Surveyors
Administrative Rules & Regulations
Chapter 40 SUBCHAPTER 1. TITLE BLOCKS AND SEALS FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS 13:40-1.1 Sealing documents (a) All sealing of documents must be done with an impression-type seal. Alternatives such as digital seals or rubber stamp facsimiles of the seal shall not be permitted. (b) The application of a signature and seal to documents relating to the practice of professional engineering and/or land surveying shall indicate that the licensee has provided regular and effective supervision to those individuals performing services which directly and materially affect the quality and competence of the engineering or land surveying work rendered. 1. The following documents shall be signed and sealed: i. Maps, plats, reports, descriptions, plans, design specifications, certifications or similar documents; and ii. Shop drawings for the construction of buildings, structures and related equipment, or for other purposes, the preparation of which requires engineering calculations and/or engineering input. Catalog information and standard product information shall be exempt from the requirements of this section.
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers (c) The signature and/or seal signifies that the licensee takes professional responsibility for the document based upon the accepted standards of practice in place at the time the documents were sealed. (d) Where the document includes the work of more than one professional, each professional shall sign and seal the document with clear reference to the work that he/she has performed. See N.J.A.C. 13:40-1.6 for title block requirements. (e) A licensee shall not affix a signature and/or seal to documents constituting the practice of the profession regulated which have been prepared by another person unless such work was performed under the direction and supervision of the licensee. (f) Incomplete and/or all draft plans, documents and sketches, whether advanced or preliminary copies, shall be conspicuously identified and may be signed but shall not be sealed. 13:40-1.2 Title block on drawings; forms; removal (a) Every licensee shall provide a title block on all drawings (except renderings), and similar information on the title page of all specifications and reports constituting the practice of the profession. (b) The title block shall be in such form as the Board may adopt or approve. (c) Such title block shall be distinct and separate from any other title block, plaque, or similar device of illustration or lettering. (d) The title block shall be lettered on the drawing in such a manner as to reproduce clearly on all prints and reproductions thereof. (e) No person shall remove a title block from any manually drafted or digital drawing, or from any print or reproduction for any reason. 13:40-1.3 Title block contents (a) The title block shall contain:
1. The name and location of the project; 2. The name of the engineering or land surveying individual firm, partnership,
corporation, professional association or professional service corporation; 3. The full name and certification number of the person(s) in responsible charge;
4. The title "professional engineer" and/or "land surveyor" spelled out; 5. The manually handwritten signature of the person(s) in responsible charge and
the date when signed; and 6. If applicable, the certificate of authorization number as required by N.J.S.A.
45:8-56.
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers (b) An appropriate title block shall be provided on a site plan which shall be included in any set of drawings of a building project. Any plan including land surveying data must also bear the title block or identity of the land surveyor who performed the land surveying work. (c) The title block may contain the initials of the drafter [draftsmen] or checker, and dates, drawing numbers, revision numbers and such similar incidental items as are customary in practicing engineers' or land surveyors' offices, provided that the name of the person(s) in responsible charge is readily discernible from the other information on the document and contained within the heavy borderline of the title block. 13:40-1.4 Proposed title block form Any licensee may submit a proposed form of title block to the State Board of Professional Engineers and Land Surveyors for approval. 13:40-1.5 Title block use for professional engineer and land surveyor work project In the event the project contains the work of both a professional engineer and land surveyor, any individual licensed in both professions may use the title "professional engineer and land surveyor" which shall be spelled out in one title block. 13:40-1.6 Subtitle block of independent professional If a project includes the work of any other licensed professional, not under the immediate supervision of the licensee in responsible charge and not otherwise identified in accordance with N.J.A.C. 13:40-7, a subtitle block of that professional firm or individual must appear on all plans involving that profession. SUBCHAPTER 3. MISCONDUCT 13:40-3.1 Enumeration of prohibited acts (a) Misconduct in the practice of professional engineering or land surveying shall include, without limitation: 1. Acting for his or her client or employer in professional matters otherwise than as a faithful agent or trustee; accepting any remuneration other than his or her stated recompense for services rendered. 2. Disregarding the safety, health and welfare of the public in the performance of his or her professional duties; preparing or signing and sealing plans, surveys or specifications which are not of a safe design and/or not in conformity with accepted standards. If the client or employer insists on such conduct, the licensee shall notify the proper authorities and withdraw from further service on the project. 3. Advertising his work or merit using claims of superiority which cannot be substantiated.
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers 4. Engaging in any activity which involves him in a conflict of interest, including without limitation: i. A licensee shall inform his client or employer of any business connection, interest or circumstance which might be deemed as influencing his judgment or the quality of his services to the client or employer. ii. When in public service as a member, advisor or employee of a governmental agency, a licensee shall not participate in the deliberations or actions of such agency with respect to services rendered or to be rendered by the licensee or any firm or organization with which he is associated in private practice. iii. A licensee shall not solicit or accept a professional contract from a governmental agency upon which a principal, officer or employee of his firm or organization serves as a member, advisor or employee. iv. A licensee shall not accept compensation or remuneration, financial or otherwise, from more than one interested party for the same service or for services pertaining to the same work, unless there has been full disclosure to and consent by all interested parties. v. A licensee shall not accept compensation or remuneration, financial or otherwise, from material or equipment suppliers for specifying their product. vi. A licensee shall not accept commissions or allowances, directly or indirectly, from contractors or other persons dealing with his client or employer in connection with work for which he is responsible to the client or employer. 5. Affixing his or her signature and seal to any plans, specifications, plats or reports or surveys which were not prepared by him or her or under his or her supervision by his or her employees or subordinates. 6. Failure to comply with Federal, state or local laws, rules or regulations relating to the practice of the profession. 7. Permitting or allowing any person not appropriately licensed pursuant to N.J.S.A. 45:8-27 to act for or in behalf of the licensee as his representative, surrogate or agent while appearing before any public or private body for the purpose of rendering professional engineering or land surveyor services. 8. Failure to determine and document the identity of the client prior to commencing any work. All correspondence, contracts, bills shall be addressed to that client, unless expressly directed otherwise, in writing, by the client. 9. Failure to keep a client reasonably informed about the status of a matter and promptly comply with reasonable requests for information. 10. Failure to explain a matter to the extent reasonably necessary to permit the client to make informed decisions. 11. Failure of a licensee to respond in writing within 30 days to a written communication from the Board of Professional Engineers and Land Surveyors with respect to any investigative inquiry relating to the possible violation of any statute or regulation administered by the Board, and to make available any relevant records with respect to such an inquiry. The 30 day period shall begin on the day when such communication was sent from the Board by certified mail with return receipt requested to the address appearing on the last registration.
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers 12. Rendering engineering or land surveying services and/or professional opinions when not qualified by training, education, and experience in the specific discipline of professional engineering and/or land surveying that is involved. 13. Engaging in any activity which results in suspension, revocation or surrender of a professional license or certification in another jurisdiction. [Case Notes] [License revocation. (Decided on statutory grounds). Hyland v. Ponzio, 159 N.J.Super. 233, 387 A.2d 1206 (App.Div.1978).] 13:40-3.2 Reporting incidents of professional misconduct If a licensee has knowledge or reason to believe that another person or firm may be in violation of or has violated any of the statutes or rules administered by the Board of Professional Engineers and Land Surveyors, he or she shall present such information to the Board in writing and shall cooperate with the Board in furnishing such information or assistance as may be required by the Board. SUBCHAPTER 4 GENERAL PROVISIONS 13:40-4.1 Notification of change of address; service of process (a) A licensee of the Board of Professional Engineers and Land Surveyors shall notify the Board in writing of any change of address from that currently registered with the Board and shown on the most recently issued certificate. Such notice shall be sent to the Board by certified mail, return receipt requested, not later than 30 days following the change of address. 1. All addresses of licensees shall contain street names and numbers. Post office box numbers without street addresses shall not be acceptable. (b) Failure to notify the Board of any change of address pursuant to (a) above may result in disciplinary action in accordance with N.J.S.A. 45:1-21(h). (c) Service of an administrative complaint or other Board-initiated process at a licensee's address currently on file with the Board shall be deemed adequate notice for the purpose of N.J.A.C. 45:1-17 [N.J.A.C. 1:1-7.1] and the commencement of any disciplinary proceedings. 13:40-4.2 Uniform penalty letter [RESERVED] This form letter appears in N.J.A.C. 13:27-5.1. [NO TEXT]
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers SUBCHAPTER 5. LAND SURVEYORS; PREPARATION OF LAND SURVEYS 13:40-5.1 Land surveyors; preparation of land surveys (a) The practice of land surveying includes surveying of areas for their correct determination and description and for conveyancing, and for the establishment or reestablishment of land boundaries and the plotting of lands and subdivisions thereof, and such topographical survey and land development as is incidental to the land survey. Statutory Reference N.J.S.A. 45:8-28(e) (b) Prior to conducting a survey, the licensed land surveyor shall obtain all pertinent information and documentation in the client's possession relative to the property to be surveyed. Such information may include, but not be limited to, earlier surveys, record deeds, title reports, original tract maps, public records and State, county or municipal maps. When such information provided is not sufficient to meet the owner's needs, the surveyor shall make all reasonable efforts to obtain all information and documentation needed to render an accurate survey. (c) When a property survey is to be performed, a field survey must be made of the property in question and such field survey shall include all measurements and recording of all data as may be necessary to perform an accurate survey. The licensed land surveyor shall either perform the field survey or exercise sufficient supervision of the work as is necessary to fulfill adequately all professional responsibilities. (d) Appropriate corner markers, such as stakes, iron pipes, cut crosses, monuments, and such other markers as may be authorized by (d)2 below, shall be set either by the licensed land surveyor or under the supervision of the licensed land surveyor. Such markers shall be set at each property corner not previously marked by a property marker, unless the actual corner is not accessible. , or unless a written waiver signed by the ultimate user is obtained and retained for a period of six years by the surveyor performing the survey. A waiver obtained from a purchaser pursuant to this subsection shall be in the following format, or its substantial equivalent:
SEE NEXT PAGE
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers
WAIVER AND DIRECTION NOT TO SET CORNER MARKERS TO: ____________________________________________________________ (Name, address and telephone number of Land Surveyor) FROM: _________________________________________________________ (Name, address and telephone number of Purchaser) RE: _____________________________________________________________ Property (Lot & Block number, municipality or other identifier) This is to advise that I/we have been made aware of my/our right to have corner markers set as part of a survey to be performed on property, which is being purchased by me/us. That right is hereby waived and you are directed to perform the land survey without the setting of corner markers as provided by the regulation of the New Jersey Board of Professional Engineers and Land Surveyors. ________________________________________________________________ Purchaser(s) Dated: _________________________________________________
For the purpose of this section "ultimate user" shall mean, in the case of a transfer of title, the purchaser of the property. In all instances other than the transfer of title, "ultimate user" shall mean the owner of the property. When a waiver is obtained to omit corner markers, a specific notation stating that such omissions have been made by direction of the ultimate user shall be clearly displayed on the plat or plan of survey by the following notation or its equivalent:
Waiver of setting corner markers obtained from ultimate user pursuant to the Board of Professional Engineers and Land Surveyors regulation, N.J.A.C. 13:40-5.1(d).
Per P.L. 2003,c.14. (N.J.S.A. 45:8-36.3) the notation shall read as follows: ** A written Waiver and Direction Not to Set Corner Markers has been obtained from the ultimate
user pursuant to P.L.2003, c.14 (C45:8-36.3) and N.J.A.C. 13:40-5.1(d). This notation must relate specifically to that plot or plan of survey and may not be included as a preprinted title block, standard form, or other reproducible medium. 1. All boundary or corner markers delineating the property surveyed, found or set, must be described on the plat of survey with data provided to show their relation to the property or corner or, if appropriate, to the boundary lines. When a property corner cannot be set because of physical constraints, a witness marker shall be set and so noted upon the plat of survey. 2. Markers for property corners set by licensed surveyors shall be composed of durable material and be of the minimum length practical to reasonably assure permanence, with a recommended length of 18 inches or more. These markers may include:
** Taken from Internet printing of statute.
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers i. Concrete monuments; ii. Iron pins, one-half inch O.D. or larger; iii. Reinforcing steel bars one-half inch O.D. or larger; iv. Iron pipes, one-half inch O.D. or larger; v. Commercially manufactured iron or aluminum monuments; vi. Brass discs (or similar metal), set in durable material; vii. Nails or spikes set in durable materials; viii. Drill holes in durable materials; ix. Plastic stakes. 3. The marker requirements in (d)2 above do not apply to intermediate points set on line or for random traverse points.
4. In all cases listed in (d)2 above the marker shall be identified with a durable cap, disc, shiner, or other appropriate identifier, bearing the name of the surveyor or firm responsible for setting the corner. 5. All markers set pursuant to (d)2 above shall be detectable with conventional instruments used to find ferrous or magnetic objects. 6. Paragraph 2 of subsection (d) does not apply to individual condominium units where same are composed totally of buildings. 7. Monuments required to be set pursuant to the “Map Filing Law” at N.J.S.A. 46:23-9.10 (N.J.S.A. 46:23-9.11) shall be:
i. Composed of concrete, containing ferrous material detectable with conventional metal detecting instruments;
ii. At least 30 inches long below finished grade with the top and bottom at least four inches square; and
iii. Identified with a durable, cap, disc, or shiner bearing the name of the surveyor or firm responsible for setting the monument.
8. In the event a monument as specified in (d)7 above is impracticable to install due to physical conditions, the surveyor shall install the most appropriate material necessary to establish permanent, metal detectable monumentation.
9. In the event it is impossible to set a monument as specified in (d)7 above at the prescribed control points, an offset monument shall be set bearing a plate stamped with the word “offset”.
10. In all cases listed in (d)8 and 9 above, the surveyor shall acknowledge in the monument installation certification, use of substituted material and/or the use of offset monumentation. Proper instrument sights shall be established and complete offset data shall be recorded with the monument certification to the municipality. (e) A plat, also referred to as a plan of survey, shall be prepared either by the licensed land surveyor or under the supervision of the licensed land surveyor. Such plat shall show all matter relevant to a complete and clear exposition of the property. (f) The items which must always be shown are: 1. Title block complying with N.J.A.C. 13:40-1.2 [N.J.A.C. 13:40-2.1] et seq.; 2. The State, county and municipality in which the property is located and specific data as provided by the owner identifying the property or other pertinent identifying data as deemed appropriate by the surveyor, including block, lot number and address;
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers 3. North arrow (with reference used) and scale; 4. The point of beginning; 5. Metes and bounds of the property in question: All measurements are to be indicated in feet and decimals of a foot except when legal requirements or professional custom and usage require another form of measurement; 6. Property corner markers, both found and set, and the relation of existing markers to the property corner or, if appropriate, to the boundary lines; 7. Street and street names and widths when such streets abut or adjoin the property in question. If the street is not open, the survey should so indicate; 8. Encroachments of structures both on the premises in question and/or adjoining properties; 9. Fences, tree rows, hedges, streams, ditches, building locations, easements and any physical occupation influencing property line determination; 10. In all cases, survey work shall be performed in accordance with currently accepted accuracy standards, but such accuracy standards may be limited by contractual agreements. Such limitations shall be appropriately noted on the final drawing. (g) Notwithstanding any other provisions of these rules to the contrary, the following items may be omitted where written contractual agreements with the client so provide: 1. Areas of established city lot or recorded subdivision map lots, unless the area is recited in the record deed of the property in question; 2. Fences and streams and ditches, unless such fences, streams and ditches are on or in close proximity to the property lines or otherwise affect the property lines in question; 3. Sidewalks, driveways, walkways or other traveled ways, unless such ways affect the property lines in question; 4. Utility lines, easements of right-of-way lines, except when recited in the record deed or when such utility lines, easements of right-of-way lines affect the use of adjacent properties or the property in question; 5. Location and type of building and other structures on the property in question. (h) When any of the various items listed above are omitted, the plat or plan of survey should indicate in a factual way that such omissions are made. (i) Upon completing the plat or plan of survey, the licensed land surveyor shall provide the client an agreed upon number of prints of the survey drawing. Such print copies of the plat or plan of survey shall bear the signature and impression seal of the licensed land surveyor. Certification by the licensed land surveyor may be given when requested by the client. 1. The licensed land surveyor shall also supply a description of the property surveyed when the survey is to be used for conveyancing (title transfer or mortgage). This description must be suitable for use in a deed. The description may be by metes and bounds or by reference to a filed plan, block and lot. If a filed plan, block and lot is utilized, the entire title of the filed plan shall be set forth along with, the filed plan number and the date on which the plan was recorded in the office of the County Recording Officer. If there is any deviation from the filed plan to the completed survey, a description by filed plan, block and lot, shall not be utilized. The deed description shall be consistent with both the survey provided and the documentation upon which the survey was based and shall be written in such a manner as to define the boundary lines
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers of real property unambiguous and sufficient for a surveyor to lay it out on the ground. This description may be reproduced on the survey plat itself or may be by separate document. If the deed description is provided on the survey plat, it must be titled "Deed Description." If a separate document is provided, the description shall be signed and sealed by the licensed land surveyor responsible for its preparation. 2. The term "referenced" shall not be utilized when referring to a filed plat when it is intended to meet the requirements of supplying the deed description listed in (i)1 above. It shall also be improper to use or reference a municipal tax map to comply with the requirements for deed description by reference to a filed plat. A tax map shall not be deemed a filed plan for the purpose of title transfer. (j) No reproductions or photographic copies of a plan or survey shall be offered or issued by a licensee for use in any court, land transaction or filing in any public agency or office unless such copies shall bear the signature and impression seal of the licensed land surveyor. (k) Tax assessment maps must be prepared by a licensed land surveyor, who is obligated to prepare such maps in full compliance with the legal requirements pertaining to such maps. (l) Failure to comply with the provisions of this subchapter and with applicable State laws and local ordinances may subject the licensed land surveyor to disciplinary action in accordance with N.J.S.A. 45:8-39 [N.J.S.A. 45:8-38]. (m) Subdivision plats, whether classified as major or minor, preliminary or final, shall be prepared by a licensed land surveyor and shall be based on a new or existing current and accurate survey of the property being subdivided. 1. The licensee shall provide appropriate survey information, as set forth above, to permit a subsequent licensed land surveyor to accurately lay out newly described lots. 2. If a newly described lot will be adjacent to or abutting a perimeter line, the licensee shall ensure that the perimeter line is accurately established on the ground. 3. In all instances, including where deeds are used to record minor subdivisions and/or where an existing plat or plan of survey is used, only the licensee who prepared the boundary map on which the subdivision is based may provide the certification on the subdivision plat that the boundary survey is accurate and was prepared under his or her supervision as required by the Map Filing Law, N.J.S.A. 46:23-9.11(m), N.J.S.A. 46:23-9.11(n), as of August 1997 and in accordance with N.J.A.C. 13:40-9, Responsible Charge of Engineering or Land Surveying Work. (n) Maps prepared to show topographic data or planimetric data which also delineate property lines or street right-of-way lines thereon shall be prepared by a licensed land surveyor. Such survey information may be transposed to construction plans or other drawings if duly noted as to the date of the survey, by whom, and for whom it was prepared. [Statutory References] [N.J.S.A. 45:8-28(e).]
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers SUBCHAPTER 7. PERMISSIBLE DIVISION OF RESPONSIBILITY IN SUBMISSION
OF SITE PLANS AND MAJOR SUBDIVISION PLATS 13:40-7.1 General provisions (a) Definitions: All words, terms, and phrases shall be as defined in the Municipal Land Use Act, N.J.S.A. 40:55D et seq. (b) Preparation and submission of the various elements of a preliminary or final site plan or major subdivision plat shall be within the professional scope of the various professions as listed in this subchapter. 13:40-7.2 Depiction of existing conditions on a site plan (a) Survey: showing existing conditions and exact location of physical features including metes and bounds, drainage, waterways, specific utility locations, and easements: By a land surveyor. 1. Survey information may be transferred to the site plan if duly noted as to the date of the survey, by whom, and for whom. A signed and sealed copy of the survey shall be submitted to the reviewing governmental body with the site plan submission. (b) Vegetation, general flood plain determination, or general location of utilities, buildings, or structures: By an architect, planner, engineer, land surveyor, certified landscape architect, or other person acceptable to the reviewing governmental body. 13:40-7.3 Preparation of site plan (a) The location of proposed buildings and their relationship to the site and the immediate environs: By an architect or engineer. (b) The locations of drives; parking layout; pedestrian circulation; and means of ingress and egress: By an architect, planner, or engineer. (c) Drainage facilities for site plans of 10 acres or more; or involving stormwater detention facilities; or traversed by a water course: By an engineer only. (d) Other drainage facilities: By an architect or engineer. (e) Utility connections and on tract extensions: By an engineer or architect. (f) Off tract utility extensions: By an engineer only. (g) On site sanitary sewage disposal or flow equalization facilities: By an engineer only.
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers (h) Preliminary floor plans and elevation views of buildings illustrating the architectural design of a project: By an architect, except when the building is part of an engineering or industrial project, floor plans and elevation views may be by an engineer. (i) Landscaping, signs, lighting, screening or other information not specified above: By an architect, planner, engineer, certified landscape architect, or other person acceptable to the reviewing governmental body. (j) The general layout of a conceptual site plan for a multiple building project, showing the development elements including their relationship to the site and immediate environs: By an architect, planner, engineer, or certified landscape architect. 13:40-7.4 Preparation of a major subdivision plan (a) The general location of facilities, site improvements, and lot layouts: By an architect, engineer, land surveyor, planner, or certified landscape architect. (b) The design and construction details of all public improvements including street pavements, curbs, sidewalks, sanitary sewage, storm drainage facilities: By an engineer only. (c) Final subdivision map with metes and bounds: By a land surveyor only. 13:40-7.5 Effect of local ordinances (a) Informal site plans, not required by local ordinances are excluded from this rule. (b) No municipal or county ordinance, policy or action purporting to define the scope of professional activity of architects, engineers, land surveyor, planners, or certified landscape architects in the preparation of site plans or major subdivision shall reduce or expand the scope of professional practice recognized by the boards. SUBCHAPTER 8. MAINTENANCE OF PROJECT RECORDS 13:40-8.1 Release of project records (a) As used in this subchapter, the term "records" shall include, but not be limited to, any plans, reports, documents, field notes or other items of work product generated for the engineering or land surveying project as contractually defined which would be reasonably necessary to the completion of the project for which the professional engineer or land surveyor was originally retained. (b) Originals of records shall remain in possession of the professional engineer or land surveyor unless otherwise provided by statute or written contractual agreement.
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers (c) The client of a professional engineer or land surveyor shall be entitled to complete copies of all records generated for the engineering and/or land surveyor surveying project within a reasonable period of time after forwarding a written request to the professional engineer or land surveyor and upon payment of such proportion of fees as reflect the extent of all services performed. 1. Such copies may be signed but shall not be sealed where data utilized as the basis for the preparation of same may have changed since the date the documents were originally prepared. 2. A disclaimer shall be put on said documents which indicates that the data utilized in the documents may have changed. The disclaimer shall read as follows:
"This drawing/map/plat reflects conditions as of (insert place, date of the original drawing/map/plat) and may not show current conditions as of (insert the present date)."
(d) The professional engineer or land surveyor shall be compensated for the reasonable costs of research and reproduction for copies of records released pursuant to this rule. SUBCHAPTER 9. RESPONSIBLE CHARGE OF ENGINEERING OR LAND SURVEYING WORK 13:40-9.1 Supervision of subordinates; maintaining records of adequate supervision; acts reflecting inadequate supervision (a) A licensee in responsible charge of an engineering or land surveying project shall render regular and effective supervision to those individuals performing services which directly and materially affect the quality and competence of engineering or land surveying work rendered by the licensee. (b) A licensee shall maintain such records as are reasonably necessary to establish that the licensee exercised regular and effective supervision of an engineering or land surveying project of which he was in responsible charge. (c) A licensee engaged in any of the following acts or practices shall be deemed not to have rendered the regular and effective supervision required herein: 1. The regular and continuous absence from principal office premises from which professional services are rendered; except for performance of field work or presence in a field office maintained exclusively for a specific project; 2. The failure to personally inspect or review the work of subordinates where necessary and appropriate; 3. The rendering of a limited, cursory or perfunctory review of plans or projects in lieu of an appropriate detailed review; 4. The failure to personally be available on a reasonable basis or with adequate advance notice for consultation and inspection where circumstances require personal availability.
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers SUBCHAPTER 10. CONTRACT TO PROVIDE PROFESSIONAL SERVICES 13:40-10.1 Contract requirement (a) Any business corporation which does not have an officer or full time employee who is licensed as a professional engineer and/or land surveyor in this State and which offers or renders such services shall, prior to the offer or rendering of any such service, have a written contract with a New Jersey licensed professional engineer or land surveyor, and have obtained a certificate of authorization pursuant to N.J.S.A. 45:8-56. Such written contract shall clearly indicate the licensee to be in responsible charge of the engineering or land surveying services. For the purposes of this subchapter, full-time employment is the amount of employment necessary to provide effective supervision of the work performed as required throughout N.J.A.C. 13:40. (b) A licensed professional engineer or a licensed land surveyor rendering engineering or surveying services for a business corporation which is required to obtain a certificate of authorization pursuant to N.J.S.A. 45:8-56 shall not perform such services unless he or she is an officer or a full time employee of the corporation or has a written contract with the corporation prior to rendering professional services and is listed as being in responsible charge on the corporation's certificate of authorization. (c) Any corporation that offers or renders engineering and land surveying services without a Certificate of Authorization or with a lapsed Certificate of Authorization shall be subject to civil penalties as authorized by N.J.S.A. 45:1-25. This subsection shall not apply to a professional service corporation established pursuant to the "Professional Service Corporation Act," N.J.S.A. 14A:17-1 et seq.
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers SUBCHAPTER 11. LAND SURVEYORS; CONTINUING COMPETENCY 13:40-11.1 License renewal The Board shall not renew a land surveyors license for the biennial renewal period commencing May 1, 1996 or any following year unless the licensee submits, with the renewal application, proof that he or she has completed courses of continuing professional competency of the types and numbers of credits specified in this subchapter. Proof of completion of the required number of professional development hours shall be in the form outlined in N.J.A.C. 13:40-11.7. 13:40-11.2 Definitions As used in this subchapter, the following terms shall have the following meanings: “Approved course or activity” means any course or activity with a clear technical purpose and objective or whose purpose and objective is to enhance the skills and knowledge in ethical and business practices, which will maintain, improve or expand skills and knowledge and develop new and relevant technical skills and knowledge in the discipline being practiced by the licensee. “College/unit semester/unit quarter/hour” means the credit for an ABET (Accreditation Board of Engineering and Technology) approved course or other related college course approved in accordance with N.J.A.C. 13:40-11.6(a) 1. “Continuing education unit” (CEU) means the unit of credit customarily used for continuing education courses. One continuing education unit equals 10 contact hours of instruction in an approved continuing education course. “Contact hour” means 50 minutes of in-class instruction and participation. “Professional development hour” (PDH) means one contact hour of professional/technical development in seminars, conferences or workshops. A PDH is the common denominator for other units of credit. Amended by R.1998 d.566, effective December 7, 1998 See: 29 N.J.R. 5051(b), 30 N.J.R. 4248(a). 13:40-11.3 Credit-hour requirements (a) Each applicant for license renewal shall be required to have completed, during the preceding biennial period, a minimum of 24 professional development hours (PDHs).
(b) A maximum of 8 PDHs may be carried over into a succeeding biennial renewal
period.
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers 13:40-11.4 Approval of course offerings (a) A continuing competency provider may receive approval for a continuing competency course or program pursuant to the provision of N.J.A.C. 13:40-11.11 and 11.12. Prior to the offering of the course or program, the provider may apply for approval. However, the provider may apply also after the event to eliminate the need for individual licensees to apply under (b) below.
(b) A licensee seeking to take a course or program which the provider has not had pre-approved by the Board may apply to the Board for pre-approval or post-approval of the course or program offering. The licensee shall submit information similar to that which is required to be supplied by course providers pursuant to N.J.A.C. 13:40-11.11(b). (c) The Board shall maintain a list of all approved programs and courses at the Board offices and shall furnish this information upon request. (d) An individual, group or association seeking course or program approval may impose a reasonable differential in course or program fees based upon membership within a group or association. However, in no event shall a sponsoring individual, group or association completely exclude form the course or program any licensee who is not a member of a group or association. 13:40-11.5 Continuing competency programs and other sources of continuing
competency credits (a) The Board shall grant credit for successful completion of the following, provided that the course or program meets the criteria of N.J.A.C. 13:40-11.11 and that any other source of credit directly and materially relates to the practice of land surveying:
1. College courses; 2. Continuing education courses; 3. Correspondence, televised, videotaped and other short courses/tutorials;
4. Seminars, in-house courses, workshops and technical programs at professional
meetings and conferences;
5. Teaching or instruction in (a)1, 2 and 4 above;
6. Published pagers, articles or books authored by the licensee; and
7. A land surveying examination on another jurisdiction.
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers 13:40-11.6 Credit calculation (a) Credit for PDHs will be granted as follows for each biennial renewal period:
1. Successful completion of approved college level courses;
i. Fifteen PDHs for each semester hour credit awarded by the college; or ii. Ten PDHs for each quarter hour credit awarded by the college;
2. Successful completion of approved continuing education courses: 10PDHs for
each continuing education unit (CEU); 3. Successful completion of approved correspondence, televised, videotaped and
other short courses/tutorials: i. The amount of credit to be allowed for approved correspondence and
individual study programs, including taped study programs, shall be recommended by the program provider based upon one-half the average completion time calculated by the provider after it has conducted appropriate “field tests.” Although the program provider must make recommendations concerning the number of credit hours to be granted, the number of credit hours granted shall be determined by the Board; and
ii. Credit for approved correspondence and other individual study programs
will be given only in the renewal period in which the course is completed with a successful final examination;
4. Active participation in and successful completion of approved seminars, in-
house courses, workshops and technical programs at professional meetings and conferences: one PDH for each hour of attendance at an approved course. Credit will not be granted for courses which are less than one contact hour in duration. Completion of an entire course is required in order to receive any credit;
5. Teaching or instruction in (a)1, 2 and 4 above:
i. Service as an instructor, or workshop leader: one PDH for each
instructional hour; ii. The instructor or workshop leader will be given no credit for subsequent
sessions in the same year involving substantially identical subject matter, except that after one year has elapsed the Board may give one additional PDH for each instructional hour of service as an instructor or
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workshop leader for the initial presentation, provided the original material has been updated; and
iii. The maximum credit given for service as an instructor or workshop
leader may not exceed 50 percent of the required PDHs for any biennial renewal period;
6. Authoring published papers, articles or books on technical surveying subjects
that contribute to the professional competence of surveyors: one PDH may be requested for each hour of preparation time on a self-declaration basis, not to exceed a total of 25 percent of the biennial requirement. A copy of the publication shall be submitted to the Board with the request for credit; and
7. Successfully passing a land surveying examination in another jurisdiction: one
PDH for each hour of examination. All parts of the examination must be passed to receive credit for any part. The maximum credit given for successfully passing a land surveying examination in another jurisdiction may not exceed three PDHs for each biennial renewal period.
13:40-11.7 Reporting and documenting of PDHs (a) At the time of application for biennial land surveyor license renewal, licensees shall provide, on forms approved by the Board, a signed statement certifying that the required number of PDHs has been completed. The statement shall include where applicable the following:
1. The dates attended; 2. PDHs claimed;
3. The title of the course and a description of its content;
4. The school, firm, or organization providing the course;
5. The instructor; and
6. The course location.
(b) Licensees shall maintain all evidence, as set forth in (e) below, of completion of PDH requirements for two biennial periods after completion and shall submit such documentation to the Board upon request. (c) Failure to maintain records or falsification of any information submitted with the renewal application may result in an appearance before the Board and, upon notice to the licensee and the opportunity for a hearing, penalties and/or suspension of the license.
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers (d) The Board will review the records of licensees from time to time, on a random basis, to determine compliance with continuing competency requirements. (e) Documentation of continuing competency requirements shall consist of the following:
1. A log showing the type of activity claimed, providing organization, location,
duration, instructor’s or speaker’s name and credits claimed; 2. Attendance verification records in the form of college transcripts,
completion certificates, paid receipts, and any other documents supporting evidence of attendance;
3. For publications, submission of the published article; and
4. For teaching, a statement of appropriate authority verifying the activity.
13:40-11.8 Waiver of continuing competency requirement
(a) The Board may, it its discretion, waive continuing competency requirements on an individual basis for reasons of hardship, such as illness or disability, or other good cause.
(b) Any licensee seeking a waiver of the continuing competency requirement shall apply
to the Board in writing 90 days prior to renewal of licensure and set forth with specificity the reasons for requesting the waiver. The licensee shall also provide the Board with such additional information as it may reasonably request in support of the waiver request.
(c) A new licensee by way of examination shall have all continuing competency
requirements waived for the first renewal period. (d) A new licensee by way of comity shall be responsible at the first biennial renewal for
one PDH for each month since the New Jersey license was issued. (e) A licensee serving on active duty in the armed forces of the United States for a period
of time exceeding 120 consecutive days in a calendar year shall have all continuing competency requirements waived for that year. 13:40-11.9 License restoration The failure on the part of a licensee to renew his or her biennial certificate as required shall not relieve such person of the responsibility to maintain professional competence. At the time of application for restoration, the licensee shall submit satisfactory proof to the Board that he or she has successfully completed all delinquent PDHs. If the total credits required to become current exceeds 30, than 30 shall be the maximum number required. However, an additional 24 PDHs will still be required at the next biennial renewal.
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers 13:40-11.10 Out-of-jurisdiction resident Licensees who are residents of jurisdictions other than New Jersey must meet the continuing professional competency requirements for their resident jurisdiction. The requirements for New Jersey will be deemed as satisfied when a licensee provides evidence of having met the requirement of his or her resident jurisdiction, provided the requirements are not less than 24 PDHs per biennial renewal period. If the licensee resides in a jurisdiction that has no continuing professional competency requirements, the licensee must meet the requirements of New Jersey. 13:40-11.11 Criteria for continuing competency programs (a) A course of acceptable subject matter shall directly and materially relate to the practice of land surveying and shall be:
1. A formal course of learning which contributes directly to the maintenance of
professional competency of a licensee; 2. At least one instructional hour in duration; and
3. Conducted by a qualified instructor or workshop leader.
(b) A program provider or a licensee seeking Board approval for a course of acceptable subject matter shall submit the following to the Board:
1. The program provider fee (for providers) or program review fee (for licensees)
as set forth in N.J.A.C. 13:40-6.1; and 2. Information to document the elements of (a) above, in writing and on a form
provided by the Board, including, but not limited to:
i. A detailed description of course content and estimated hours of instruction; and
ii. The curriculum vitae of the lecturer, including specific background which
qualifies the individual as a lecturer of repute in the area of instruction. 13:40-11.12 Responsibilities of program providers (a) Program providers shall:
1. Select and assign qualified instructors for the program; 2. Assure that the number of participants and the physical facilities are consistent
with the teaching methods to be utilized;
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3. Disclose in advance to prospective participants the course objectives, prerequisites, experience level, content, required advanced preparation, teaching method, and number of PDH or CEU credits involved in the program;
4. Solicit evaluations from both the participants and the instructor at the
conclusion of each program. Evaluations may take the form of pre-tests for advanced preparation, post-tests for effectiveness of the program, questionnaires completed at the end of the program or later, oral feedback from participants to the instructor or provider or such other mechanism as may be appropriate to an effective evaluation. Programs should be evaluated to determine whether:
i. Objectives have been met; ii. Prerequisites were necessary or desirable;
iii. Facilities were satisfactory;
iv. The instructor was effective;
v. Advanced preparation materials were satisfactory; and
vi. The program content was timely and effective;
5. Evaluate the performance of the instructors at the conclusion of each program to
determine their suitability for continuing to serve as instructors and advise instructors of their performance;
6. Systematically review the evaluation process to ensure its effectiveness;
7. Furnish to each enrollee a verification of attendance, which shall include at least
the following information:
i. The title, date and location of the course offering; ii. The name and license number of the attendee; iii. The number of credits awarded; and
iv. The name and signature of officer or responsible party and seal of
the organization;
8. Maintain and retain accurate records of attendance for a six-year period; and
9. Retain a written outline of course materials for a six-year period.
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N
.J.A.C. 13:40-11.11(b)2ii-- 22 -
2
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers
NJ STATE BOARD GUIDELINES ON SEALS AND TITLE BLOCKS
SEALS
THE AUTHORIZED DESIGN OF A SEAL HAS THE FOLLOWING SPECIFICATIONS:
(A) ROUND: 1½” DIAMETER (B) METAL-TYPE, EMBOSSING (C) NAME, LICENSE NUMBER AND LEGEND; REFER TO N.J.S.A. 45:8-36 (D) SEE ILLISTRATION OF SEAL ON ATTACHED SHEET
PLEASE NOTE: (1) A “DIGIITAL OR” RUBBER FACSIMILE OF A SEAL “ARE NOT PERMITTED”
FOR USE IN NEW JERSEY1.
(2) IT IS NOT ADVISABLE TO SEAL ORIGINALS OF MASTER DOCUMENTS, SINCE THESE DOCUMENTS COULD CONCEIVABLY BE ALTERED WITHOUT YOUR KNOWLEDGE. IT IS RECOMMENDED THAT YOU SEAL PRINTS OR COPIES OF THE ORIGINALS ONLY, SUBJECT TO THE REQUIREMENTS OF LAWS SUCH AS THE MAP FILING ACT, P.L. 1960, C. 141.
(3) THE BOARD CAUTIONS AGAINST THE USE OF YOUR IMPRESSION SEAL IN
A MANNER WHERE IT MIGHT BE REPRODUCED PHOTOGRAPHICALLY.
(4) SEALING OVER YOUR SIGNATURE SAFEGUARDS YOUR WORK PRODUCT.
(5) PLEASE REFER TO N.J.S.A. 45:8-36 FOR STATUTORY RESTRICTIONS ON THE SEALING OF DOCUMENTS.
TITLE BLOCKS
N.J.A.C. 13:40-1.2 REGULATES THE FORM AND CONTENT OF TITLE BLOCKS. THE SAMPLE ATTACHED ILLUSTRATES THE STATUTORY REQUIREMENTS.
1 Per OCTOBER 7, 2002 NEW JERSEY REGISTER, at 34N.J.R. 3532(c).
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers
SEAL DETAILS
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers
TITLE BLOCK DETAILS
Modified 5/2002 for “Certificate of Authorization
Number” as required by NJAC 13:40-1.3(a)6.
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New Jersey Statutes Annotated Title 51
Standards, Weights, Measures and Containers In accordance with N.J.S.A. 51:1-6 all Electronic Distance Measuring Devices (EDM) and steel measuring tapes used by Professional Land Surveyors and Professional Engineers are required to be tested, in the case of EDM’s once a year, and in the case of measuring tapes once every five (5) years. N.J.S.A. 51:1-6 is reprinted below from the Internet site as it appeared on March 6, 2003, as a courtesy of GSLSA. Appropriate forms and information on weights and measures may be obtained by contacting the following office:
Office of Weights and Measures 1261 Routes 1 and 9 South
Avenel, NJ 07001-1647 Ph. 1-937-815-4840 Fax: 1-732-382-5298
A computer-generated copy of the EDM data form appears on the next page. Any up-dated forms, additional data and/or questions can be addressed by contacting the above office. TITLE 51 STANDARDS, WEIGHTS, MEASURES AND CONTAINERS 51:1-6. Test of measuring devices Steel measuring tapes used by professional land surveyors and professional engineers shall be compared by the State superintendent at least once in five years with standards traceable to the National Bureau of Standards. Every professional land surveyor and professional engineer engaged in surveying and engineering within this State shall test and note the actual variation of his electronic distance measuring device from the "Calibration Base Lines" established by the National Geodetic Survey, at least once each year. He shall submit to the State superintendent, over the appropriate professional seal, a copy of his notes, including the date and time of the test, on forms acceptable to the National Geodetic Survey. Amended by L. 1986, c. 167, | 3, eff. Dec. 3, 1986.
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New Jersey Administrative Code Title 13, Chapter 45C Uniform Regulations
SUBCHAPTER 1. LICENSEE DUTY TO COOPERATE AND TO COMPLY WITH BOARD ORDERS
13:45C-1.1 Definition of "licensee"
(a) For the purpose of this subchapter, "licensee" shall mean any licensee, permittee or registrant of:
1. The Division of Consumer Affairs; 2. Any professional or occupational licensing board, or any committee, or other sub-agency thereof located within the Division; 3. The Division of Consumer Affairs, Office of Consumer Protection, Regulated, Business Section (Employment Agencies and Temporary Help Service Firms) pursuant to N.J.S.A. 34:8-24 et seq.; or 4. The Legalized Games of Chance Control Commission.
13:45C-1.2 Licensee's duty to cooperate in investigative inquiries
A licensee shall cooperate in any inquiry, inspection or investigation conducted by, or on behalf of, a board, the Director or the licensee's licensing agency into a licensee's conduct, fitness or capacity to engage in a licensed profession or occupation where said inquiry is intended to evaluate such conduct, fitness or capacity for compliance with applicable statutory or regulatory provisions. A licensee's failure to cooperate, absent good cause or bona fide claim of a privilege not identified in N.J.A.C. 13:45C-1.5 as unavailable, may be deemed by the board, the Director, or the licensing agency to constitute professional or occupational misconduct within the meaning of N.J.S.A. 45:1-21(e) or the agency's enabling act and thus subject a licensee to disciplinary action pursuant to N.J.S.A. 45:1-21(h) or the agency's enabling act.
13:45C-1.3 Specific conduct deemed failure to cooperate
(a) The following conduct by a licensee may be deemed a failure to cooperate and, therefore, professional or occupational misconduct or other good cause or grounds for suspension or revocation of licensure:
1. The failure to timely respond to an inquiry to provide information in response to a complaint received concerning licensee conduct. 2. The failure to timely provide records related to licensee conduct. 3. The failure to attend any scheduled proceeding at which the licensee's appearance is directed. In the event that a licensee elects to retain counsel for the purpose of representation in any such proceeding, it shall be the licensee's
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responsibility to do so in a timely fashion. The failure of a licensee to retain counsel, absent a showing of good cause therefore, shall not require an adjournment of the proceeding. 4. The failure to timely respond or to provide information requested pursuant to a demand under N.J.S.A. 45:1--18 or other applicable law or to provide access to any premises from which a licensed profession or occupation is conducted. Included within this paragraph shall be the failure to respond to any demand for statement under oath, the failure to permit the examination of any goods, ware or item used in the rendition of the professional or occupational service and the failure to grant access to records, books or other documents utilized in the practice of the occupation or profession. 5. The failure to answer any question pertinent to inquiry made pursuant to N.J.S.A. 45:1-18 or other applicable law unless the response to said question is subject to a bona fide claim of privilege. 6. The failure to make proper and timely response by way of appearance or production of documents to any subpoena issued pursuant to N.J.S.A. 45:1-18 or as may otherwise be provided by law. 7. The failure to provide to the Board, the Director or the licensing agency timely notice of any change of address from that which appears on the licensee's most recent license renewal or application.
13:45C-1.4 Failure to comply with Board orders as professional or occupational misconduct
The failure of a licensee to comply with an order duly entered and served upon the licensee or of which the licensee has knowledge shall be deemed professional or occupational misconduct.
13:45C-1.5 Unavailability of privileges in investigative or disciplinary proceedings
In any investigative inquiry conducted pursuant to N.J.S.A. 45:1-18 or in any disciplinary proceeding conducted pursuant to N.J.S.A. 45:1-21, or as may otherwise be authorized by law, the physician-patient privilege, psychologist-patient privilege, marriage counselor-client privilege, professional counselor-client privilege, associate counselor-client privilege and the social worker-client privilege shall be unavailable. Any statements or records otherwise subject to a claim of the stated privileges which may be obtained by the Board, its agent or the Attorney General pursuant to N.J.S.A. 45:1-18 shall remain confidential and shall not be disclosed unless so ordered by a court of competent jurisdiction, the appropriate licensing board or the Office of Administrative Law in a contested case.
13:45C-1.6 Maintenance of and access to statements, records or other information that is subject to a privilege declared unavailable
(a) Any statements, records or other information acquired which may be subject to any privilege declared unavailable in this subchapter shall be maintained in a secure place and manner by:
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1. The evidence custodian within the Division of Consumer Affairs, Enforcement Bureau; 2 The professional or occupational licensing board or the committee or other sub-agency of the Division which has a direct connection with, or a need for access to, the matter to which the statements, records or other information pertain; or 3. A Deputy Attorney General
(b) Except as may be otherwise ordered as provided in this subchapter, access to the statements, records or other information shall be afforded only to employees of the Attorney General, the Enforcement Bureau, or the board or other sub-agency of the Division having a direct connection with, or a need for access to, the matter to which the statements, records or other information pertain. (c) The statements, records or other information shall be retained only for the period of time during which an investigation remains open or until the completion of all administrative or judicial proceedings relating thereto, at which time they shall be returned to the licensee or other person from whom they were obtained. In the absence of such licensee or other person, the statements, records or other information shall be returned to the patient, where appropriate.
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New Jersey Statutes Annotated Title 2A, Chapter 14
Administration of Civil and Criminal Justice
2A:14-1.1. Damages for injury from unsafe condition of improvement to real property; statute of limitations; exceptions; terms defined
1. a. No action, whether in contract, in tort, or otherwise, to recover damages for any deficiency in the design, planning, surveying, supervision or construction of an improvement to real property, or for any injury to property, real or personal, or for an injury to the person, or for bodily injury or wrongful death, arising out of the defective and unsafe condition of an improvement to real property, nor any action for contribution or indemnity for damages sustained on account of such injury, shall be brought against any person performing or furnishing the design, planning, surveying, supervision of construction or construction of such improvement to real property, more than 10 years after the performance or furnishing of such services and construction. This limitation shall serve as a bar to all such actions, both governmental and private, but shall not apply to actions against any person in actual possession and control as owner, tenant, or otherwise, of the improvement at the time the defective and unsafe condition of such improvement constitutes the proximate cause of the injury or damage for which the action is brought.
b. This section shall not bar an action by a governmental unit:
(1) on a written warranty, guaranty or other contract that expressly provides for a longer effective period;
(2) based on willful misconduct, gross negligence or fraudulent concealment in connection with performing or furnishing the design, planning, supervision or construction of an improvement to real property;
(3) under any environmental remediation law or pursuant to any contract entered into by a governmental unit in carrying out its responsibilities under any environmental remediation law; or
(4) Pursuant to any contract for application, enclosure, removal or encapsulation of asbestos.
c. As used in this section:
"Asbestos " shall have the meaning as defined in subsection a. of section 3 of P.L.1984, c.173 (C.34:5A-34) and any regulations adopted pursuant thereto.
"Environmental remediation law" means chapter 10B of Title 58 of the Revised Statutes (C.58:10B-1 et seq.) and any regulations adopted pursuant thereto.
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"Governmental” means the State, its political subdivisions, any office, department, division, bureau, board, commission or public authority or public agency of the State or one of its political subdivisions, including but not limited to, a county or a municipality and any board, commission, committee, authority or agency which is not a State board, commission, committee, authority or agency.
L.1967,c.59,s.1; amended 1997, c.355; 2001, c.76, s.1. 2A:14-1.2. Civil actions commenced by the State, 10 years; "State" defined; exceptions
2. a. Except where a limitations provision expressly and specifically applies to actions commenced by the State or where a longer limitations period would otherwise apply, and subject to any statutory provisions or common law rules extending limitations periods, any civil action commenced by the State shall be commenced within ten years next after the cause of action shall have accrued.
b. For purposes of determining whether an action subject to the limitations period specified in subsection a. of this section has been commenced within time, no such action shall be deemed to have accrued prior to January 1, 1992.
c. As used in this act, the term "State" means the State, its political subdivisions, any office, department, division, bureau, board, commission or agency of the State or one of its political subdivisions, and any public authority or public agency, including, but not limited to, the New Jersey Transit Corporation and the University of Medicine and Dentistry of New Jersey.
The provisions of this section shall not apply to any civil action commenced by the State concerning the remediation of a contaminated site or the closure of a sanitary landfill facility, or the payment of compensation for damage to, or loss of, natural resources due to the discharge of a hazardous substance, and subject to the limitations period specified in section 5 of P.L.2001, c.154 (C.58:10B-17.1).
L.1991,c.387,s.2; 1991, c.387, s.2; amended 2001, c.154, s.7. 2A:14-1.3. Prohibition of certain actions after 10 years
2. No action whether in contract, in tort or otherwise to recover damages for any deficiency in a survey of real property performed under contract for any purpose other than for any improvement to real property shall be taken against any person performing or furnishing such survey more than 10 years after the performance or furnishing of such survey.
L.2001,c.76,s.2. 2A:14-1.4. Inapplicability of time limitation for adverse possession cases
3. The 10-year time period limitation on actions for the statute of repose set forth in section 1 of P.L.1967, c.59 (C.2A:14-1.1) for surveying shall not be applicable to cases of adverse possession. In adverse possession cases the statute of repose for surveying shall be coterminous with the time period required for the adverse possession.
L.2001,c.76,s.3.
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Municipal Land Use Law TITLE 40 MUNICIPALITIES AND COUNTIES
40:55D-1. Short title This act may be cited and referred to as the "Municipal Land Use Law." L.1975, c. 291, s. 1, eff. Aug. 1, 1976. 40:55D-2. Purpose of the act Purpose of the act. It is the intent and purpose of this act: a. To encourage municipal action to guide the appropriate use or development of all lands in this State, in a manner which will promote the public health, safety, morals, and general welfare; b. To secure safety from fire, flood, panic and other natural and man-made disasters; c. To provide adequate light, air and open space; d. To ensure that the development of individual municipalities does not conflict with the development and general welfare of neighboring municipalities, the county and the State as a whole; e. To promote the establishment of appropriate population densities and concentrations that will contribute to the well-being of persons, neighborhoods, communities and regions and preservation of the environment; f. To encourage the appropriate and efficient expenditure of public funds by the coordination of public development with land use policies; g. To provide sufficient space in appropriate locations for a variety of agricultural, residential, recreational, commercial and industrial uses and open space, both public and private, according to their respective environmental requirements in order to meet the needs of all New Jersey citizens; h. To encourage the location and design of transportation routes which will promote the free flow of traffic while discouraging location of such facilities and routes which result in congestion or blight; i. To promote a desirable visual environment through creative development techniques and good civic design and arrangement; j. To promote the conservation of historic sites and districts, open space, energy resources and valuable natural resources in the State and to prevent urban sprawl and degradation of the
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers environment through improper use of land; k. To encourage planned unit developments which incorporate the best features of design and relate the type, design and layout of residential, commercial, industrial and recreational development to the particular site; l. To encourage senior citizen community housing construction; m. To encourage coordination of the various public and private procedures and activities shaping land development with a view of lessening the cost of such development and to the more efficient use of land; n. To promote utilization of renewable energy resources; and o. To promote the maximum practicable recovery and recycling of recyclable materials from municipal solid waste through the use of planning practices designed to incorporate the State Recycling Plan goals and to complement municipal recycling programs. L. 1975, c. 291, s. 2; amended by L. 1979, c. 216, s. 1; 1980, c. 146, s. 1; 1985, c. 516, s. 1; 1987, c. 102, s. 25. 40:55D-3. Definitions; shall, may; A to C.
3. For the purposes of this act, unless the context clearly indicates a different meaning:
The term "shall" indicates a mandatory requirement, and the term "may" indicates a permissive action.
"Administrative officer" means the clerk of the municipality, unless a different municipal official or officials are designated by ordinance or statute.
"Agricultural land" means "farmland" as defined pursuant to section 3 of P.L.1999, c.152 (C.13:8C-3).
"Applicant" means a developer submitting an application for development.
"Application for development" means the application form and all accompanying documents required by ordinance for approval of a subdivision plat, site plan, planned development, conditional use, zoning variance or direction of the issuance of a permit pursuant to section 25 or section 27 of P.L.1975, c.291 (C.40:55D-34 or C.40:55D-36).
"Approving authority" means the planning board of the municipality, unless a different agency is designated by ordinance when acting pursuant to the authority of P.L.1975, c.291 (C.40:55D-1 et seq.).
"Board of adjustment" means the board established pursuant to section 56 of P.L.1975, c.291 (C.40:55D-69).
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"Building" means a combination of materials to form a construction adapted to permanent, temporary, or continuous occupancy and having a roof.
"Cable television company" means a cable television company as defined pursuant to section 3 of P.L.1972, c.186 (C.48:5A-3).
"Capital improvement" means a governmental acquisition of real property or major construction project.
"Circulation" means systems, structures and physical improvements for the movement of people, goods, water, air, sewage or power by such means as streets, highways, railways, waterways, towers, airways, pipes and conduits, and the handling of people and goods by such means as terminals, stations, warehouses, and other storage buildings or transshipment points.
"Common open space" means an open space area within or related to a site designated as a development, and designed and intended for the use or enjoyment of residents and owners of the development. Common open space may contain such complementary structures and improvements as are necessary and appropriate for the use or enjoyment of residents and owners of the development.
"Conditional use" means a use permitted in a particular zoning district only upon a showing that such use in a specified location will comply with the conditions and standards for the location or operation of such use as contained in the zoning ordinance, and upon the issuance of an authorization therefor by the planning board.
"Conventional" means development other than planned development.
"County agriculture development board" or "CADB" means a county agriculture development board established by a county pursuant to the provisions of section 7 of P.L.1983, c.32 (C.4:1C-14).
"County master plan" means a composite of the master plan for the physical development of the county in which the municipality is located, with the accompanying maps, plats, charts and descriptive and explanatory matter adopted by the county planning board pursuant to R.S.40:27-2 and R.S.40:27-4.
"County planning board" means the county planning board, as defined in section 1 of P.L.1968, c.285 (C.40:27-6.1), of the county in which the land or development is located.
L.1975,c.291,s.3; amended 1979, c.216, s.2; 1984, c.20, s.1; 1991, c.412, s.1; 2004, c.2, s.32.
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers 40:55D-4 Definitions; D to L.
3.1. "Days" means calendar days.
"Density" means the permitted number of dwelling units per gross area of land to be developed.
"Developer" means the legal or beneficial owner or owners of a lot or of any land proposed to be included in a proposed development, including the holder of an option or contract to purchase, or other person having an enforceable proprietary interest in such land.
"Development" means the division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or other structure, or of any mining excavation or landfill, and any use or change in the use of any building or other structure, or land or extension of use of land, for which permission may be required pursuant to this act.
"Development potential" means the maximum number of dwelling units or square feet of nonresidential floor area that may be constructed on a specified lot or in a specified zone under the master plan and land use regulations in effect on the date of the adoption of the development transfer ordinance, and in accordance with recognized environmental constraints.
"Development regulation" means a zoning ordinance, subdivision ordinance, site plan ordinance, official map ordinance or other municipal regulation of the use and development of land, or amendment thereto adopted and filed pursuant to this act.
"Development transfer" or "development potential transfer" means the conveyance of development potential, or the permission for development, from one or more lots to one or more other lots by deed, easement, or other means as authorized by ordinance.
"Development transfer bank" means a development transfer bank established pursuant to section 22 of P.L.2004, c.2 (C.40:55D-158) or the State TDR Bank.
"Drainage" means the removal of surface water or groundwater from land by drains, grading or other means and includes control of runoff during and after construction or development to minimize erosion and sedimentation, to assure the adequacy of existing and proposed culverts and bridges, to induce water recharge into the ground where practical, to lessen nonpoint pollution, to maintain the integrity of stream channels for their biological functions as well as for drainage, and the means necessary for water supply preservation or prevention or alleviation of flooding.
"Environmental commission" means a municipal advisory body created pursuant to P.L.1968, c.245 (C.40:56A-1 et seq.).
"Erosion" means the detachment and movement of soil or rock fragments by water, wind, ice and gravity.
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers
"Final approval" means the official action of the planning board taken on a preliminarily approved major subdivision or site plan, after all conditions, engineering plans and other requirements have been completed or fulfilled and the required improvements have been installed or guarantees properly posted for their completion, or approval conditioned upon the posting of such guarantees.
"Floor area ratio" means the sum of the area of all floors of buildings or structures compared to the total area of the site.
"General development plan" means a comprehensive plan for the development of a planned development, as provided in section 4 of P.L.1987, c.129 (C.40:55D-45.2).
"Governing body" means the chief legislative body of the municipality. In municipalities having a board of public works, "governing body" means such board.
"Historic district" means one or more historic sites and intervening or surrounding property significantly affecting or affected by the quality and character of the historic site or sites.
"Historic site" means any real property, man-made structure, natural object or configuration or any portion or group of the foregoing of historical, archeological, cultural, scenic or architectural significance.
"Instrument" means the easement, credit, or other deed restriction used to record a development transfer.
"Interested party" means: (a) in a criminal or quasi-criminal proceeding, any citizen of the State of New Jersey; and (b) in the case of a civil proceeding in any court or in an administrative proceeding before a municipal agency, any person, whether residing within or without the municipality, whose right to use, acquire, or enjoy property is or may be affected by any action taken under this act, or whose rights to use, acquire, or enjoy property under this act, or under any other law of this State or of the United States have been denied, violated or infringed by an action or a failure to act under this act.
"Land" includes improvements and fixtures on, above or below the surface.
"Local utility" means any sewerage authority created pursuant to the "sewerage authorities law," P.L.1946, c.138 (C.40:14A-1 et seq.); any utilities authority created pursuant to the "municipal and county utilities authorities law," P.L.1957, c.183 (C.40:14B-1 et seq.); or any utility, authority, commission, special district or other corporate entity not regulated by the Board of Regulatory Commissioners under Title 48 of the Revised Statutes that provides gas, electricity, heat, power, water or sewer service to a municipality or the residents thereof.
"Lot" means a designated parcel, tract or area of land established by a plat or otherwise, as permitted by law and to be used, developed or built upon as a unit.
L.1975,c.291,s.3.1; amended 1981, c.32, s.8; 1984, c.20, s.2; 1985, c.398, s.14; 1985, c.516, s.2; 1987, c.129, s.1; 1991, c.199, s.1; 1991, c.412, s.2; 2004, c.2, s.33.
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers 40:55D-5 Definitions; M to O.
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.
"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 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
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers 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.
"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.
L.1975,c.291,s.3.2; amended 1979, c.216, s.3; 1991, c.256, s.1; 1998, c.95, s.1; 2004, c.2, s.34. 40:55D-6 Definitions; P to R.
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
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers 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.
"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.
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers
"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.
L.1975,c.291,s.3.3; amended 1981, c.32, s.9; 1991, c.256, s.2; 1991, c.412, s.3; 1995, c.364, s.1; 2004, c.2, s.35. 40:55D-7 Definitions; S to Z.
3.4 "Sedimentation" means the deposition of soil that has been transported from its site of origin by water, ice, wind, gravity or other natural means as a product of erosion.
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers
"Sending 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 restricted and which is otherwise consistent with the provisions of section 8 of P.L.2004, c.2 (C.40:55D-144).
"Site plan" means a development plan of one or more lots on which is shown (1) the existing and proposed conditions of the lot, including but not necessarily limited to topography, vegetation, drainage, flood plains, marshes and waterways, (2) the location of all existing and proposed buildings, drives, parking spaces, walkways, means of ingress and egress, drainage facilities, utility services, landscaping, structures and signs, lighting, screening devices, and (3) any other information that may be reasonably required in order to make an informed determination pursuant to an ordinance requiring review and approval of site plans by the planning board adopted pursuant to article 6 of this act.
"Standards of performance" means standards (1) adopted by ordinance pursuant to subsection 52d. regulating noise levels, glare, earthborne or sonic vibrations, heat, electronic or atomic radiation, noxious odors, toxic matters, explosive and inflammable matters, smoke and airborne particles, waste discharge, screening of unsightly objects or conditions and such other similar matters as may be reasonably required by the municipality or (2) required by applicable federal or State laws or municipal ordinances.
"State Transfer of Development Rights Bank," or "State TDR Bank," means the bank established pursuant to section 3 of P.L.1993, c.339 (C.4:1C-51).
"Street" means any street, avenue, boulevard, road, parkway, viaduct, drive or other way (1) which is an existing State, county or municipal roadway, or (2) which is shown upon a plat heretofore approved pursuant to law, or (3) which is approved by official action as provided by this act, or (4) which is shown on a plat duly filed and recorded in the office of the county recording officer prior to the appointment of a planning board and the grant to such board of the power to review plats; and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas and other areas within the street lines.
"Structure" means a combination of materials to form a construction for occupancy, use or ornamentation whether installed on, above, or below the surface of a parcel of land.
"Subdivision" means the division of a lot, tract or parcel of land into two or more lots, tracts, parcels or other divisions of land for sale or development. The following shall not be considered subdivisions within the meaning of this act, if no new streets are created: (1) divisions of land found by the planning board or subdivision committee thereof appointed by the chairman to be for agricultural purposes where all resulting parcels are 5 acres or larger in size, (2) divisions of property by testamentary or intestate provisions, (3) divisions of property upon court order, including but not limited to judgments of foreclosure, (4) consolidation of existing lots by deed or other recorded instrument and (5) the conveyance of one or more adjoining lots, tracts or parcels of land, owned by the same person or persons and all of which are found and certified by the administrative officer to conform to the requirements of the municipal development
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers regulations and are shown and designated as separate lots, tracts or parcels on the tax map or atlas of the municipality. The term "subdivision" shall also include the term "resubdivision."
"Transcript" means a typed or printed verbatim record of the proceedings or reproduction thereof.
"Variance" means permission to depart from the literal requirements of a zoning ordinance pursuant to sections 47 and subsection 29.2b., 57c. and 57d. of this act.
"Zoning permit" means a document signed by the administrative officer (1) which is required by ordinance as a condition precedent to the commencement of a use or the erection, construction, reconstruction, alteration, conversion or installation of a structure or building and (2) which acknowledges that such use, structure or building complies with the provisions of the municipal zoning ordinance or variance therefrom duly authorized by a municipal agency pursuant to sections 47 and 57 of this act.
L.1975,c.291,s.3.4; amended 1979, c.216, s.4; 2004, c.2, s.36. 40:55D-8. Municipal fees; exemptions
4. a. Every municipal agency shall adopt and may amend reasonable rules and regulations, not inconsistent with this act or with any applicable ordinance, for the administration of its functions, powers and duties, and shall furnish a copy thereof to any person upon request and may charge a reasonable fee for such copy. Copies of all such rules and regulations and amendments thereto shall be maintained in the office of the administrative officer.
b. Fees to be charged (1) an applicant for review of an application for development by a municipal agency, and (2) an appellant pursuant to section 8 of this act shall be reasonable and shall be established by ordinance.
c. A municipality may by ordinance exempt, according to uniform standards, charitable, philanthropic, fraternal and religious nonprofit organizations holding a tax exempt status under the Federal Internal Revenue Code of 1954 (26 U.S.C. 501(c) or (d)) from the payment of any fee charged under this act.
d. A municipality shall exempt a board of education from the payment of any fee charged under this act.
e. A municipality may by ordinance exempt, according to uniform standards, a disabled person, or a parent or sibling of a disabled person, from the payment of any fee charged under this act in connection with any application for development which promotes accessibility to his own living unit.
For the purposes of this subsection, "disabled person" means a person who has the total and permanent inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment, including blindness, and shall include, but not be limited to, any resident of this State who is disabled pursuant to the federal Social Security Act
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers (42 U.S.C.416), or the federal Railroad Retirement Act of 1974 (45 U.S.C.231 et seq.), or is rated as having a 60% disability or higher pursuant to any federal law administered by the United States Veterans' Act. For purposes of this paragraph "blindness" means central visual acuity of 20/200 or less in the better eye with the use of a correcting lens. An eye which is accompanied by a limitation in the fields of vision such that the widest diameter of the visual field subtends an angle no greater than 20 degrees shall be considered as having a central visual acuity of 20/200 or less.
L.1975,c.291,s.4; amended 1979, c.216, s.5; 1983, c.322; 1989, c.43, s.1; 1996, c.92, s.2. 40:55D-9. Meetings; municipal agency Meetings; municipal agency. a. Every municipal agency shall by its rules fix the time and place for holding its regular meetings for business authorized to be conducted by such agency. Regular meetings of the municipal agency shall be scheduled not less than once a month and shall be held as scheduled unless canceled for lack of applications for development to process. The municipal agency may provide for special meetings, at the call of the chairman, or on the request of any two of its members, which shall be held on notice to its members and the public in accordance with municipal regulations. No action shall be taken at any meeting without a quorum being present. All actions shall be taken by a majority vote of the members of the municipal agency present at the meeting, except as otherwise required by sections 23, 25, 49, 50, and subsections 8e., 17a., 17b. and 5d. of this act. Failure of a motion to receive the number of votes required to approve an application for development shall be deemed an action denying the application. Nothing herein shall be construed to contravene any act providing for procedures for governing bodies. b. All regular meetings and all special meetings shall be open to the public. Notice of all such meetings shall be given in accordance with municipal regulations. An executive session for the purpose of discussing and studying any matters to come before the agency shall not be deemed a regular or special meeting within the meaning of this act. c. Minutes of every regular or special meeting shall be kept and shall include the names of persons appearing and addressing the municipal agency and of the persons appearing by attorney, the action taken by the municipal agency, the findings, if any, made by it and reasons therefor. The minutes shall thereafter be made available for public inspection during normal business hours at the office of the administrative officer. Any interested party shall have the right to compel production of the minutes for use as evidence in any legal proceedings concerning the subject matter of such minutes. Such interested party may be charged a reasonable fee for reproduction of the minutes for his use. L. 1975, c. 291, s. 5, eff. Aug. 1, 1976. Amended by L. 1979, c. 216, s. 6; L. 1984, c. 20, s. 3, eff. March 22, 1984; L. 1985, c. 516, s. 3.
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers 40:55D-10 Hearings.
6. Hearings. a. The municipal agency shall hold a hearing on each application for development, or adoption, revision or amendment of the master plan.
b. The municipal agency shall make the rules governing such hearings. Any maps and documents for which approval is sought at a hearing shall be on file and available for public inspection at least 10 days before the date of the hearing, during normal business hours in the office of the administrative officer. The applicant may produce other documents, records, or testimony at the hearing to substantiate or clarify or supplement the previously filed maps and documents.
c. The officer presiding at the hearing or such person as he may designate shall have power to administer oaths and issue subpoenas to compel the attendance of witnesses and the production of relevant evidence, including witnesses and documents presented by the parties, and the provisions of the "County and Municipal Investigations Law," P.L.1953, c.38 (C.2A:67A-1 et seq.) shall apply.
d. The testimony of all witnesses relating to an application for development shall be taken under oath or affirmation by the presiding officer, and the right of cross-examination shall be permitted to all interested parties through their attorneys, if represented, or directly, if not represented, subject to the discretion of the presiding officer and to reasonable limitations as to time and number of witnesses.
e. Technical rules of evidence shall not be applicable to the hearing, but the agency may exclude irrelevant, immaterial or unduly repetitious evidence.
f. The municipal agency shall provide for the verbatim recording of the proceedings by either stenographer, mechanical or electronic means. The municipal agency shall furnish a transcript, or duplicate recording in lieu thereof, on request to any interested party at his expense; provided that the governing body may provide by ordinance for the municipality to assume the expense of any transcripts necessary for appeal to the governing body, pursuant to section 8 of this act, of decisions by the zoning board of adjustment pursuant to subsection 57d. of this act, up to a maximum amount as specified by the ordinance.
The municipal agency, in furnishing a transcript or tape of the proceedings to an interested party at his expense, shall not charge such interested party more than the actual cost of preparing the transcript or tape. Transcripts shall be certified in writing by the transcriber to be accurate.
g. The municipal agency shall include findings of fact and conclusions based thereon in each decision on any application for development and shall reduce the decision to writing. The municipal agency shall provide the findings and conclusions through:
(1) A resolution adopted at a meeting held within the time period provided in the act for action by the municipal agency on the application for development; or
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers
(2) A memorializing resolution adopted at a meeting held not later than 45 days after the date of the meeting at which the municipal agency voted to grant or deny approval. Only the members of the municipal agency who voted for the action taken may vote on the memorializing resolution, and the vote of a majority of such members present at the meeting at which the resolution is presented for adoption shall be sufficient to adopt the resolution. If only one member who voted for the action attends the meeting at which the resolution is presented for adoption, the resolution may be adopted upon the vote of that member. An action pursuant to section 5 of the act (C.40:55D-9) (resulting from the failure of a motion to approve an application) shall be memorialized by resolution as provided above, with those members voting against the motion for approval being the members eligible to vote on the memorializing resolution. The vote on any such resolution shall be deemed to be a memorialization of the action of the municipal agency and not to be an action of the municipal agency; however, the date of the adoption of the resolution shall constitute the date of the decision for purposes of the mailings, filings and publications required by subsections h. and i. of this section (C.40:55D-10). If the municipal agency fails to adopt a resolution or memorializing resolution as hereinabove specified, any interested party may apply to the Superior Court in a summary manner for an order compelling the municipal agency to reduce its findings and conclusions to writing within a stated time, and the cost of the application, including attorney's fees, shall be assessed against the municipality.
h. A copy of the decision shall be mailed by the municipal agency within 10 days of the date of decision to the applicant or, if represented, then to his attorney, without separate charge, and to all who request a copy of the decision, for a reasonable fee. A copy of the decision shall also be filed by the municipal agency in the office of the administrative officer. The administrative officer shall make a copy of such filed decision available to any interested party for a reasonable fee and available for public inspection at his office during reasonable hours.
i. A brief notice of the decision shall be published in the official newspaper of the municipality, if there be one, or in a newspaper of general circulation in the municipality. Such publication shall be arranged by the applicant unless a particular municipal officer is so designated by ordinance; provided that nothing contained in this act shall be construed as preventing the applicant from arranging such publication if he so desires. The municipality may make a reasonable charge for its publication. The period of time in which an appeal of the decision may be made shall run from the first publication of the decision, whether arranged by the municipality or the applicant.
L.1975,c.291,s.6; amended 1979, c.216, s.7; 1984, c.20, s.4; 1998, c.95, s.2. 40:55D-10.1. Informal review At the request of the developer, the planning board shall grant an informal review of a concept plan for a development for which the developer intends to prepare and submit an application for development. The amount of any fees for such an informal review shall be a credit toward fees for review of the application for development. The developer shall not be bound by any concept plan for which review is requested, and the planning board shall not be bound by any such review. L. 1979, c. 216, s. 8. Amended by L. 1985, c. 516, s. 4
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers 40:55D-10.2 Voting conditions.
9. A member of a municipal agency who was absent for one or more of the meetings at which a hearing was held or was not a member of the municipal agency at that time, shall be eligible to vote on the matter upon which the hearing was conducted, notwithstanding his absence from one or more of the meetings; provided, however, that such board member has available to him the transcript or recording of all of the hearing from which he was absent or was not a member, and certifies in writing to the board that he has read such transcript or listened to such recording.
L.1979,c.216,s.9; amended 1998, c.95, s.3. 40:55D-10.3. Completion of application for development; certification; completion after 45 days if no certification; exception; waiver of requirements for submission An application for development shall be complete for purposes of commencing the applicable time period for action by a municipal agency, when so certified by the municipal agency or its authorized committee or designee. In the event that the agency, committee or designee does not certify the application to be complete within 45 days of the date of its submission, the application shall be deemed complete upon the expiration of the 45-day period for purposes of commencing the applicable time period, unless: a. the application lacks information indicated on a checklist adopted by ordinance and provided to the applicant; and b. the municipal agency or its authorized committee or designee has notified the applicant, in writing, of the deficiencies in the application within 45 days of submission of the application. The applicant may request that one or more of the submission requirements be waived, in which event the agency or its authorized committee shall grant or deny the request within 45 days. Nothing herein shall be construed as diminishing the applicant's obligation to prove in the application process that he is entitled to approval of the application. The municipal agency may subsequently require correction of any information found to be in error and submission of additional information not specified in the ordinance or any revisions in the accompanying documents, as are reasonably necessary to make an informed decision as to whether the requirements necessary for approval of the application for development have been met. The application shall not be deemed incomplete for lack of any such additional information or any revisions in the accompanying documents so required by the municipal agency. L.1984, c. 20, s. 5, eff. March 22, 1984. 40:55D-10.4. Default approval An applicant shall comply with the provisions of this section whenever the applicant wishes to claim approval of his application for development by reason of the failure of the municipal agency to grant or deny approval within the time period provided in the "Municipal Land Use Law," P.L. 1975, c. 291 (C. 40:55D-1et seq.) or any supplement thereto. a. The applicant shall provide notice of the default approval to the municipal agency and to all those entitled to notice by personal service or certified mail of the hearing on the application for development; but for purposes of determining who is entitled to notice, the hearing on the
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers application for development shall be deemed to have required public notice pursuant to subsection a. of section 7.1 of P.L. 1975, c. 291 (C. 40:55D-12). b. The applicant shall arrange publication of a notice of the default approval in the official newspaper of the municipality, if there be one, or in a newspaper of general circulation in the municipality. c. The applicant shall file an affidavit of proof of service and publication with the administrative officer, who in the case of a minor subdivision or final approval of a major subdivision, shall be the officer who issues certificates pursuant to section 35, subsection b. of section 38 or subsection c. of section 63 of P.L. 1975, c. 291 (C. 40:55D-47; C. 40:55D-50; C. 40:55D-76), as the case may be. L. 1985, c. 516, s. 5. 40:55D-11. Contents of notice of hearing on application for development or adoption of master plan Notices pursuant to section 7.1 and 7.2 of this act shall state the date, time and place of the hearing, the nature of the matters to be considered and, in the case of notices pursuant to subsection 7.1 of this act, an identification of the property proposed for development by street address, if any, or by reference to lot and block numbers as shown on the current tax duplicate in the municipal tax assessor's office, and the location and times at which any maps and documents for which approval is sought are available pursuant to subsection 6b. L.1975, c. 291, s. 7, eff. Aug. 1, 1976. 40:55D-12 Notices of application, requirements.
7.1. Notice pursuant to subsections a., b., d., e., f., g. and h. of this section shall be given by the applicant unless a particular municipal officer is so designated by ordinance; provided that nothing contained herein shall prevent the applicant from giving such notice if he so desires. Notice pursuant to subsections a., b., d., e., f., g. and h. of this section shall be given at least 10 days prior to the date of the hearing.
a. Public notice of a hearing shall be given for an extension of approvals for five or more years under subsection d. of section 37 of P.L.1975, c.291 (C.40:55D-49) and subsection b. of section 40 of P.L.1975, c.291 (C.40:55D-52); for modification or elimination of a significant condition or conditions in a memorializing resolution in any situation wherein the application for development for which the memorializing resolution is proposed for adoption required public notice, and for any other applications for development, with the following exceptions: (1) conventional site plan review pursuant to section 34 of P.L.1975, c.291 (C.40:55D-46), (2) minor subdivisions pursuant to section 35 of P.L.1975, c.291 (C.40:55D-47) or (3) final approval pursuant to section 38 of P.L.1975, c.291 (C.40:55D-50); notwithstanding the foregoing, the governing body may by ordinance require public notice for such categories of site plan review as may be specified by ordinance, for appeals of determinations of administrative officers pursuant to subsection a. of section 57 of P.L.1975, c.291 (C.40:55D-70), and for requests for interpretation pursuant to subsection b. of section 57 of P.L.1975, c.291 (C.40:55D-70). Public
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers notice shall also be given in the event that relief is requested pursuant to section 47 or 63 of P.L.1975, c.291 (C.40:55D-60 or C.40:55D-76) as part of an application for development otherwise excepted herein from public notice. Public notice shall be given by publication in the official newspaper of the municipality, if there be one, or in a newspaper of general circulation in the municipality.
b. Notice of a hearing requiring public notice pursuant to subsection a. of this section shall be given to the owners of all real property as shown on the current tax duplicates, located in the State and within 200 feet in all directions of the property which is the subject of such hearing; provided that this requirement shall be deemed satisfied by notice to the (1) condominium association, in the case of any unit owner whose unit has a unit above or below it, or (2) horizontal property regime, in the case of any co-owner whose apartment has an apartment above or below it. Notice shall be given by: (1) serving a copy thereof on the property owner as shown on the said current tax duplicate, or his agent in charge of the property, or (2) mailing a copy thereof by certified mail to the property owner at his address as shown on the said current tax duplicate.
Notice to a partnership owner may be made by service upon any partner. Notice to a corporate owner may be made by service upon its president, a vice president, secretary or other person authorized by appointment or by law to accept service on behalf of the corporation. Notice to a condominium association, horizontal property regime, community trust or homeowners' association, because of its ownership of common elements or areas located within 200 feet of the property which is the subject of the hearing, may be made in the same manner as to a corporation without further notice to unit owners, co-owners, or homeowners on account of such common elements or areas.
c. Upon the written request of an applicant, the administrative officer of a municipality shall, within seven days, make and certify a list from said current tax duplicates of names and addresses of owners to whom the applicant is required to give notice pursuant to subsection b. of this section. In addition, the administrative officer shall include on the list the names, addresses and positions of those persons who, not less than seven days prior to the date on which the applicant requested the list, have registered to receive notice pursuant to subsection h. of this section. The applicant shall be entitled to rely upon the information contained in such list, and failure to give notice to any owner or to any public utility, cable television company, or local utility not on the list shall not invalidate any hearing or proceeding. A sum not to exceed $0.25 per name, or $10.00, whichever is greater, may be charged for such list.
d. Notice of hearings on applications for development involving property located within 200 feet of an adjoining municipality shall be given by personal service or certified mail to the clerk of such municipality.
e. Notice shall be given by personal service or certified mail to the county planning board of a hearing on an application for development of property adjacent to an existing county road or proposed road shown on the official county map or on the county master plan, adjoining other county land or situated within 200 feet of a municipal boundary.
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers
f. Notice shall be given by personal service or certified mail to the Commissioner of Transportation of a hearing on an application for development of property adjacent to a State highway.
g. Notice shall be given by personal service or certified mail to the State Planning Commission of a hearing on an application for development of property which exceeds 150 acres or 500 dwelling units. The notice shall include a copy of any maps or documents required to be on file with the municipal clerk pursuant to subsection b. of section 6 of P.L.1975, c.291 (C.40:55D-10).
h. Notice of hearings on applications for approval of a major subdivision or a site plan not defined as a minor site plan under this act requiring public notice pursuant to subsection a. of this section shall be given, in the case of a public utility, cable television company or local utility which possesses a right-of-way or easement within the municipality and which has registered with the municipality in accordance with section 5 of P.L.1991, c.412 (C.40:55D-12.1), by (1) serving a copy of the notice on the person whose name appears on the registration form on behalf of the public utility, cable television company or local utility or (2) mailing a copy thereof by certified mail to the person whose name appears on the registration form at the address shown on that form.
i. The applicant shall file an affidavit of proof of service with the municipal agency holding the hearing on the application for development in the event that the applicant is required to give notice pursuant to this section.
j. Notice pursuant to subsections d., e., f., g. and h. of this section shall not be deemed to be required, unless public notice pursuant to subsection a. and notice pursuant to subsection b. of this section are required.
L.1975,c.291,s.7.1; amended 1979, c.216, s.10; 1985, c.398, s.15; 1991, c.245; 1991, c.412, s.4; 1998, c.95, s.4. 40:55D-12.1. Registration for notice to utility, CATV company 5. a. Every public utility, cable television company and local utility interested in receiving notice pursuant to subsection h. of section 7.1 of P.L.1975, c.291 (C.40:55D-12) may register with any municipality in which the public utility, cable television company or local utility has a right-of-way or easement. The registration shall remain in effect until revoked by the public utility, cable television company, or local utility or by its successor in interest. b. The administrative officer of every municipality shall adopt a registration form and shall maintain a record of all public utilities, cable television companies, and local utilities which have registered with the municipality pursuant to subsection a. of this section. The registration form shall include the name of the public utility, cable television company or local utility and the name, address and position of the person to whom notice shall be forwarded, as required pursuant to subsection h. of section 7.1 of P.L.1975, c.291 (C.40:55D-12). The information contained therein shall be made available to any applicant, as provided in subsection c. of section 7.1 of P.L.1975, c.291 (C.40:55D-12).
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers c. Any municipality may impose a registration fee of $10 on any public utility, cable television company or local utility which registers to receive notice pursuant to subsection a. of this section. L.1991,c.412,s.5. 40:55D-12.2. Local utility notice of applications 8. Within 30 days after the effective date of this act, the administrative officer of every municipality shall notify the corporate secretary of every local utility that, in order to receive notice by an applicant pursuant to subsection h. of section 7.1 of P.L.1975, c.291 (C.40:55D-12), the utility shall register with the municipality or any other municipality in which the utility has a right-of-way or easement. L.1991,c.412,s.8. 40:55D-12.3 Application of subsection h. 9. Failure to give notice as required pursuant to P.L.1991, c.245, shall not invalidate any hearing or proceeding held or to be held, or any preliminary or final approval granted or to be granted, from August 7, 1991 until 75 days following enactment. L.1991,c.412,s.9. 40:55D-13. Notice concerning master plan The planning board shall give: (1) Public notice of a hearing on adoption, revision or amendment of the master plan; such notice shall be given by publication in the official newspaper of the municipality, if there be one, or in a newspaper of general circulation in the municipality at least 10 days prior to the date of the hearing; (2) Notice by personal service or certified mail to the clerk of an adjoining municipality of all hearings on adoption, revision or amendment of a master plan involving property situated within 200 feet of such adjoining municipality at least 10 days prior to the date of any such hearing; (3) Notice by personal service or certified mail to the county planning board of (a) all hearings on the adoption, revision or amendment of the municipal master plan at least 10 days prior to the date of the hearing; such notice shall include a copy of any such proposed master plan, or any revision or amendment thereto; and (b) the adoption, revision or amendment of the master plan not more than 30 days after the date of such adoption, revision or amendment; such notice shall include a copy of the master plan or revision or amendment thereto. L.1975, c. 291, s. 7.2, eff. Aug. 1, 1976.
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers 40:55D-14. Effect of mailing notice Any notice made by certified mail pursuant to sections 7.1 and 7.2 of this act shall be deemed complete upon mailing. L.1975, c. 291, s. 7.3, eff. Aug. 1, 1976. 40:55D-15. Notice of hearing on ordinance or capital improvement program; notice of action on capital improvement or official map a. Notice by personal service or certified mail shall be made to the clerk of an adjoining municipality of all hearings on the adoption, revision or amendment of a development regulation involving property situated within 200 feet of such adjoining municipality at least 10 days prior to the date of any such hearing. b. Notice by personal service or certified mail shall be made to the county planning board of (1) all hearings on the adoption, revision or amendment of any development regulation at least 10 days prior to the date of the hearing, and (2) the adoption, revision or amendment of the municipal capital improvement program or municipal official map not more than 30 days after the date of such adoption, revision or amendment. Any notice provided hereunder shall include a copy of the proposed development regulation, the municipal official map or the municipal capital program, or any proposed revision or amendment thereto, as the case may be. Notice of hearings to be held pursuant to this section shall state the date, time and place of the hearing and the nature of the matters to be considered. Any notice by certified mail pursuant to this section shall be deemed complete upon mailing. L.1975, c. 291, s. 7.4, eff. Aug. 1, 1976. 40:55D-16. Filing of ordinances Filing of ordinances. Development regulations, except for the official map, shall not take effect until a copy thereof shall be filed with the county planning board. A zoning ordinance or amendment or revision thereto which in whole or in part is inconsistent with or not designed to effectuate the land use plan element of the master plan shall not take effect until a copy of the resolution required by subsection a. of section 49 of P.L. 1975, c. 291 (C. 40:55D-62) shall be filed with the county planning board. The secretary of the county planning board shall within 10 days of the date of receipt of a written request for copies of any development regulation make such available to the party so requesting with said secretary's certification that said copies are true copies and that all filed amendments and resolutions are included. A reasonable charge may be made by the county planning board for said copies. The official map of the municipality shall not take effect until filed with the county recording officer. Copies of all development regulations and any revisions or amendments thereto shall be filed and maintained in the office of the municipal clerk. L. 1975, c. 291, s. 7.5, eff. Aug. 1, 1976. Amended by L. 1985, c. 516, s. 6.
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers 40:55D-17. Appeal to the governing body; time; notice; modification; stay of proceedings 8. Appeal to the governing body; time; notice; modification; stay of proceedings. a. Any interested party may appeal to the governing body any final decision of a board of adjustment approving an application for development pursuant to subsection d. of section 57 of P.L.1975, c.291 (C.40:55D-70), if so permitted by ordinance. Such appeal shall be made within 10 days of the date of publication of such final decision pursuant to subsection i. of section 6 of P.L.1975, c.291 (C.40:55D-10). In the case of any board established pursuant to article 10 of P.L.1975, c.291, the governing body of the municipality in which the land is situated shall be the "governing body" for purposes of this section. The appeal to the governing body shall be made by serving the municipal clerk in person or by certified mail with a notice of appeal, specifying the grounds thereof and the name and address of the appellant and name and address of his attorney, if represented. Such appeal shall be decided by the governing body only upon the record established before the board of adjustment. b. Notice of the meeting to review the record below shall be given by the governing body by personal service or certified mail to the appellant, to those entitled to notice of a decision pursuant to subsection h. of section 6 of P.L.1975, c.291 (C.40:55D-10) and to the board from which the appeal is taken, at least 10 days prior to the date of the meeting. The parties may submit oral and written argument on the record at such meeting, and the governing body shall provide for verbatim recording and transcripts of such meeting pursuant to subsection f. of section 6 of P.L.1975, c.291 (C.40:55D-10). c. The appellant shall, (1) within five days of service of the notice of the appeal pursuant to subsection a. hereof, arrange for a transcript pursuant to subsection f. of section 6 of P.L.1975, c.291 (C.40:55D-10) for use by the governing body and pay a deposit of $50.00 or the estimated cost of such transcript, whichever is less, or (2) within 35 days of service of the notice of appeal, submit a transcript as otherwise arranged to the municipal clerk; otherwise, the appeal may be dismissed for failure to prosecute. The governing body shall conclude a review of the record below not later than 95 days from the date of publication of notice of the decision below pursuant to subsection i. of section 6 of P.L.1975, c.291 (C.40:55D-10), unless the applicant consents in writing to an extension of such period. Failure of the governing body to hold a hearing and conclude a review of the record below and to render a decision within such specified period shall constitute a decision affirming the action of the board. d. The governing body may reverse, remand, or affirm with or without the imposition of conditions the final decision of the board of adjustment approving a variance pursuant to subsection d. of section 57 of P.L.1975, c.291 (C.40:55D-70). The review shall be made on the record made before the board of adjustment. e. The affirmative vote of a majority of the full authorized membership of the governing body shall be necessary to reverse or remand to the board of adjustment or to impose conditions on or alter conditions to any final action of the board of adjustment. Otherwise the final action of the board of adjustment shall be deemed to be affirmed; a tie vote of the governing body shall
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers constitute affirmance of the decision of the board of adjustment. f. An appeal to the governing body shall stay all proceedings in furtherance of the action in respect to which the decision appealed from was made, unless the board from whose action the appeal is taken certifies to the governing body, after the notice of appeal shall have been filed with such board, that by reason of facts stated in the certificate, a stay would, in its opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed other than by an order of the Superior Court on application upon notice to the board from whom the appeal is taken and on good cause shown. g. The governing body shall mail a copy of the decision to the appellant or, if represented, then to his attorney, without separate charge, and for a reasonable charge to any interested party who has requested it, not later than 10 days after the date of the decision. A brief notice of the decision shall be published in the official newspaper of the municipality, if there be one, or in a newspaper of general circulation in the municipality. Such publication shall be arranged by the applicant unless a particular municipal officer is so designated by ordinance; provided that nothing contained herein shall be construed as preventing the applicant from arranging such publication if he so desires. The governing body may make a reasonable charge for its publication. The period of time in which an appeal to a court of competent jurisdiction may be made shall run from the first publication, whether arranged by the municipality or the applicant. h. Nothing in this act shall be construed to restrict the right of any party to obtain a review by any court of competent jurisdiction, according to law. L.1975,c.291,s.8; amended 1979,c.216,s.11; 1984,c.20,s.6; 1991,c.256,s.3. 40:55D-18 Enforcement.
9. Enforcement. The governing body of a municipality shall enforce this act and any ordinance or regulation made and adopted hereunder. To that end, the governing body may require the issuance of specified permits, certificates or authorizations as a condition precedent to (1) the erection, construction, alteration, repair, remodeling, conversion, removal or destruction of any building or structure, (2) the use or occupancy of any building, structure or land, and (3) the subdivision or resubdivision of any land; and shall establish an administrative officer and offices for the purpose of issuing such permits, certificates or authorizations; and may condition the issuance of such permits, certificates and authorizations upon the submission of such data, materials, plans, plats and information as is authorized hereunder and upon the express approval of the appropriate State, county or municipal agencies; and may establish reasonable fees to cover administrative costs for the issuance of such permits, certificates and authorizations. The administrative officer shall issue or deny a zoning permit within 10 business days of receipt of a request therefor. If the administrative officer fails to grant or deny a zoning permit within this period, the failure shall be deemed to be an approval of the application for the zoning permit. In case any building or structure is erected, constructed, altered, repaired, converted, or maintained, or any building, structure or land is used in violation of this act or of any ordinance or other regulation made under authority conferred hereby, the proper local authorities of the municipality or an interested party, in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration,
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers repair, conversion, maintenance or use, to restrain, correct or abate such violation, to prevent the occupancy of said building, structure or land, or to prevent any illegal act, conduct, business or use in or about such premises.
L.1975,c.291,s.9; amended 2001, c.49. 40:55D-19. Appeal or petition in certain cases to the Board of Public Utilities 10. Appeal or petition in certain cases to the Board of Public Utilities.
If a public utility, as defined in R.S.48:2-13, or an electric power generator, as defined in section 3 of P.L.1999, c.23 (C.48:3-51), is aggrieved by the action of a municipal agency through said agency's exercise of its powers under this act, with respect to any action in which the public utility or electric power generator has an interest, an appeal to the Board of Public Utilities of the State of New Jersey may be taken within 35 days after such action without appeal to the municipal governing body pursuant to section 8 of this act unless such public utility or electric power generator so chooses. In such case appeal to the Board of Public Utilities may be taken within 35 days after action by the governing body. A hearing on the appeal of a public utility to the Board of Public Utilities shall be had on notice to the agency from which the appeal is taken and to all parties primarily concerned, all of whom shall be afforded an opportunity to be heard. If, after such hearing, the Board of Public Utilities shall find that the present or proposed use by the public utility or electric power generator of the land described in the petition is necessary for the service, convenience or welfare of the public, including, but not limited to, in the case of an electric power generator, a finding by the board that the present or proposed use of the land is necessary to maintain reliable electric or natural gas supply service for the general public and that no alternative site or sites are reasonably available to achieve an equivalent public benefit, the public utility or electric power generator may proceed in accordance with such decision of the Board of Public Utilities, any ordinance or regulation made under the authority of this act notwithstanding.
This act or any ordinance or regulation made under authority thereof, shall not apply to a development proposed by a public utility for installation in more than one municipality for the furnishing of service, if upon a petition of the public utility, the Board of Public Utilities shall after hearing, of which any municipalities affected shall have notice, decide the proposed installation of the development in question is reasonably necessary for the service, convenience or welfare of the public.
Nothing in this act shall be construed to restrict the right of any interested party to obtain a review of the action of the municipal agency or of the Board of Public Utilities by any court of competent jurisdiction according to law.
L.1975,c.291,s.10; amended 1999, c.23, s.58.
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers 40:55D-20. Exclusive authority of planning board and board of adjustment Any power expressly authorized by this act to be exercised by (1) planning board or (2) board of adjustment shall not be exercised by any other body, except as otherwise provided in this act. L.1975, c. 291, s. 11, eff. Aug. 1, 1976. 40:55D-21. Tolling of running of period of approval In the event that, during the period of approval heretofore or hereafter granted to an application for development, the developer is barred or prevented, directly or indirectly, from proceeding with the development otherwise permitted under such approval by a legal action instituted by any State agency, political subdivision or other party to protect the public health and welfare or by a directive or order issued by any State agency, political subdivision or court of competent jurisdiction to protect the public health or welfare and the developer is otherwise ready, willing and able to proceed with said development, the running of the period of approval under this act or under any act repealed by this act, as the case may be, shall be suspended for the period of time said legal action is pending or such directive or order is in effect. L.1975, c. 291, s. 12, eff. Aug. 1, 1976. 40:55D-22. Conditional approvals a. In the event that a developer submits an application for development proposing a development that is barred or prevented, directly or indirectly, by a legal action instituted by any State agency, political subdivision or other party to protect the public health and welfare or by a directive or order issued by any State agency, political subdivision or court of competent jurisdiction to protect the public health and welfare, the municipal agency shall process such application for development in accordance with this act and municipal development regulations, and, if such application for development complies with municipal development regulations, the municipal agency shall approve such application conditioned on removal of such legal barrier to development. b. In the event that development proposed by an application for development requires an approval by a governmental agency other than the municipal agency, the municipal agency shall, in appropriate instances, condition its approval upon the subsequent approval of such governmental agency; provided that the municipality shall make a decision on any application for development within the time period provided in this act or within an extension of such period as has been agreed to by the applicant unless the municipal agency is prevented or relieved from so acting by the operation of law. L.1975, c. 291, s. 13, eff. Aug. 1, 1976. 40:55D-23 Planning board membership.
14. Planning board membership. a. The governing body may, by ordinance, create a planning board of seven or nine members. All members of the planning board, except for the Class II members set forth below, shall be municipal residents. The membership shall consist of, for convenience in designating the manner of appointment, the four following classes:
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Class I--the mayor or the mayor's designee in the absence of the mayor or, in the case of the council-manager form of government pursuant to the Optional Municipal Charter Law, P.L.1950, c.210 (C.40:69A-1 et seq.) or "the municipal manager form of government law" (R.S.40:79-1 et seq.), the manager, if so provided by the aforesaid ordinance.
Class II--one of the officials of the municipality other than a member of the governing body, to be appointed by the mayor; provided that if there be an environmental commission, the member of the environmental commission who is also a member of the planning board as required by section 1 of P.L.1968, c.245 (C.40:56A-1), shall be deemed to be the Class II planning board member for purposes of this act in the event that there be among the Class IV or alternate members of the planning board both a member of the zoning board of adjustment and a member of the board of education.
Class III--a member of the governing body to be appointed by it.
Class IV--other citizens of the municipality, to be appointed by the mayor or, in the case of the council-manager form of government pursuant to the Optional Municipal Charter Law, P.L.1950, c.210 (C.40:69A-1 et seq.) or "the municipal manager form of government law" (R.S.40:79-1 et seq.), by the council, if so provided by the aforesaid ordinance.
The members of Class IV shall hold no other municipal office, position or employment, except that in the case of nine-member boards, one such member may be a member of the zoning board of adjustment or historic preservation commission. No member of the board of education may be a Class IV member of the planning board, except that in the case of a nine-member board, one Class IV member may be a member of the board of education. If there be a municipal environmental commission, the member of the environmental commission who is also a member of the planning board, as required by section 1 of P.L.1968, c.245 (C.40:56A-1), shall be a Class IV planning board member, unless there be among the Class IV or alternate members of the planning board both a member of the zoning board of adjustment or historic preservation commission and a member of the board of education, in which case the member common to the planning board and municipal environmental commission shall be deemed a Class II member of the planning board. For the purpose of this section, membership on a municipal board or commission whose function is advisory in nature, and the establishment of which is discretionary and not required by statute, shall not be considered the holding of municipal office.
b. The term of the member composing Class I shall correspond to the mayor's or manager's official tenure or if the member is the mayor's designee in the absence of the mayor, the designee shall serve at the pleasure of the mayor during the mayor's official tenure. The terms of the members composing Class II and Class III shall be for one year or terminate at the completion of their respective terms of office, whichever occurs first, except for a Class II member who is also a member of the environmental commission. The term of a Class II or Class IV member who is also a member of the environmental commission shall be for three years or terminate at the completion of his term of office as a member of the environmental commission, whichever occurs first. The term of a Class IV member who is also a member of the board of adjustment or board of education shall terminate whenever he is no longer a member of such other body or at the completion of his Class IV term, whichever occurs first. The terms of all
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers Class IV members first appointed under this act shall be so determined that to the greatest practicable extent the expiration of such terms shall be distributed evenly over the first four years after their appointments; provided that the initial Class IV term of no member shall exceed four years. Thereafter, the Class IV term of each such member shall be four years. If a vacancy in any class shall occur otherwise than by expiration of the planning board term, it shall be filled by appointment, as above provided, for the unexpired term. No member of the planning board shall be permitted to act on any matter in which he has, either directly or indirectly, any personal or financial interest. Any member other than a Class I member, after a public hearing if he requests one, may be removed by the governing body for cause.
c. In any municipality in which the term of the municipal governing body commences on January 1, the governing body may, by ordinance, provide that the term of appointment of any class of member of the planning board appointed pursuant to this section shall commence on January 1. In any municipality in which the term of the municipal governing body commences on July 1, the governing body may, by ordinance, provide that the term of appointment of any class of member appointed pursuant to this section commence on July 1.
L.1975,c.291,s.14; amended 1978, c.37, s.1; 1979, c.216, s.12; 1985, c.516, s.7; 1990, c.130; 1991, c.256, s.4; 1994, c.158; 1998, c.95, s.5. 40:55D-23.1. Alternate members
13. The governing body of any municipality in which the planning board exercises the powers of the board of adjustment pursuant to subsection c. of section 16 of P.L.1975, c.291 (C.40:55D-25) may, by ordinance, provide for the appointment to the planning board of not more than four alternate members, who shall be municipal residents. The governing body of any municipality with a separate planning board and board of adjustment may, by ordinance, provide for the appointment to the planning board of not more than two alternate members, who shall be municipal residents.
Alternate members shall be appointed by the appointing authority for Class IV members, and shall meet the qualifications of Class IV members of nine-member planning boards. Alternate members shall be designated at the time of appointment by the mayor as "Alternate No. 1" and "Alternate No. 2," and, in the case of a municipality in which four alternates have been appointed, "Alternate No. l," "Alternate No. 2," "Alternate No. 3," and "Alternate No. 4." The terms of the alternate members shall be for two years, except that the terms of the alternate members shall be such that the term of not more than one alternate member shall expire in any one year; provided, however, that in any municipality in which four alternates have been appointed, the term of not more than two alternate members shall expire in any one year; and provided further that in no instance shall the terms of the alternate members first appointed exceed two years. A vacancy occurring otherwise than by expiration of term shall be filled by the appointing authority for the unexpired term only.
No alternate member shall be permitted to act on any matter in which he has either directly or indirectly any personal or financial interest. An alternate member may, after public hearing if he requests one, be removed by the governing body for cause.
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Alternate members may participate in all matters but may not vote except in the absence or disqualification of a regular member of any class. Participation of alternate members shall not be deemed to increase the size of the planning board established by ordinance of the governing body pursuant to section 14 of P.L.1975, c.291 (C.40:55D-23). A vote shall not be delayed in order that a regular member may vote instead of an alternate member. In the event that a choice must be made as to which alternate member is to vote, Alternate No. 1 shall vote.
L.1979,c.216,s.13; 1979, c.216, s.13; amended 1998, c.95, s.6; 2000, c.150. 40:55D-23.2. Members of board of adjustment may serve as temporary members of planning board 5. If the planning board lacks a quorum because any of its regular or alternate members is prohibited by subsection b. of section 14 of P.L.1975, c.291 (C.40:55D-23) or section 13 of P.L.1979, c.216 (C.40:55D-23.1) from acting on a matter due to the member's personal or financial interests therein, regular members of the board of adjustment shall be called upon to serve, for that matter only, as temporary members of the planning board in order of seniority of continuous service to the board of adjustment until there are the minimum number of members necessary to constitute a quorum to act upon the matter without any personal or financial interest therein, whether direct or indirect. If a choice has to be made between regular members of equal seniority, the chairman of the board of adjustment shall make the choice. L.1991,c.256,s.5. 40:55D-24 Organization of planning board.
15. Organization of planning board. The planning board shall elect a chairman and vice chairman from the members of Class IV, select a secretary who may or may not be a member or alternate member of the planning board or a municipal employee, and create and fill such other offices as established by ordinance. An alternate member shall not serve as chairman or vice chairman of the planning board. It may employ, or contract for, and fix the compensation of legal counsel, other than the municipal attorney, and experts, and other staff and services as it may deem necessary, not exceeding, exclusive of gifts or grants, the amount appropriated by the governing body for its use. The governing body shall make provision in its budget and appropriate funds for the expenses of the planning board.
L.1975,c.291,s.15; amended 1998, c.95, s.7. 40:55D-25 Powers of planning board.
16. a. The planning board shall follow the provisions of this act and shall accordingly exercise its power in regard to:
(1) The master plan pursuant to article 3;
(2) Subdivision control and site plan review pursuant to article 6;
(3) The official map pursuant to article 5;
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(4) The zoning ordinance including conditional uses pursuant to article 8;
(5) The capital improvement program pursuant to article 4;
(6) Variances and certain building permits in conjunction with subdivision, site plan and conditional use approval pursuant to article 7.
b. The planning board may:
(1) Participate in the preparation and review of programs or plans required by State or federal law or regulation;
(2) Assemble data on a continuing basis as part of a continuous planning process; and
(3) Perform such other advisory duties as are assigned to it by ordinance or resolution of the governing body for the aid and assistance of the governing body or other agencies or officers.
c. (1) In a municipality having a population of 15,000 or less, a nine-member planning board, if so provided by ordinance, shall exercise, to the same extent and subject to the same restrictions, all the powers of a board of adjustment; but the Class I and the Class III members shall not participate in the consideration of applications for development which involve relief pursuant to subsection d. of section 57 of P.L.1975, c.291 (C.40:55D-70).
(2) In any municipality, a nine-member planning board, if so provided by ordinance, subject to voter referendum, shall exercise, to the same extent and subject to the same restrictions, all the powers of a board of adjustment; but the Class I and the Class III members shall not participate in the consideration of applications for development which involve relief pursuant to subsection d. of section 57 of P.L.1975, c.291 (C.40:55D-70).
d. In a municipality having a population of 2,500 or less, the planning board, if so provided by ordinance, shall exercise, to the same extent and subject to the same restrictions, all of the powers of an historic preservation commission, provided that at least one planning board member meets the qualifications of a Class A member of an historic preservation commission and at least one member meets the qualifications of a Class B member of that commission.
e. In any municipality in which the planning board exercises the power of a zoning board of adjustment pursuant to subsection c. of this section, a zoning board of adjustment may be appointed pursuant to law, subject to voter referendum permitting reconstitution of the board. The public question shall be initiated through an ordinance adopted by the governing body.
L.1975,c.291,s.16; amended 1985, c.516, s.8; 1991, c.199, s.2; 1994, c.186; 1996, c.113, s.8; 1999, c.27.
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers 40:55D-26. Referral powers Referral powers. a. Prior to the adoption of a development regulation, revision, or amendment thereto, the planning board shall make and transmit to the governing body, within 35 days after referral, a report including identification of any provisions in the proposed development regulation, revision or amendment which are inconsistent with the master plan and recommendations concerning these inconsistencies and any other matters as the board deems appropriate. The governing body, when considering the adoption of a development regulation, revision or amendment thereto, shall review the report of the planning board and may disapprove or change any recommendation by a vote of a majority of its full authorized membership and shall record in its minutes the reasons for not following such recommendation. Failure of the planning board to transmit its report within the 35-day period provided herein shall relieve the governing body from the requirements of this subsection in regard to the proposed development regulation, revision or amendment thereto referred to the planning board. Nothing in this section shall be construed as diminishing the application of the provisions of section 23 of P.L. 1975, c. 291 (C. 40:55D-32) to any official map or an amendment or revision thereto or of subsection a. of section 49 of P.L. 1975, c. 291 (C. 40:55D-62) to any zoning ordinance or any amendment or revision thereto. b. The governing body may by ordinance provide for the reference of any matter or class of matters to the planning board before final action thereon by a municipal body or municipal officer having final authority thereon, except of any matter under the jurisdiction of the board of adjustment. Whenever the planning board shall have made a recommendation regarding a matter authorized by this act to another municipal body, such recommendation may be rejected only by a majority of the full authorized membership of such other body. L. 1975, c. 291, s. 17, eff. Aug. 1, 1976. Amended by L. 1984, c. 20, s. 7, eff. March 22, 1984; L. 1985, c. 516, s. 10. 40:55D-27. Citizens advisory committee; environmental commission a. After the appointment of a planning board, the mayor may appoint one or more persons as a citizens' advisory committee to assist or collaborate with the planning board in its duties, but such person or persons shall have no power to vote or take other action required of the board. Such person or persons shall serve at the pleasure of the mayor. b. Whenever the environmental commission has prepared and submitted to the planning board and the board of adjustment an index of the natural resources of the municipality, the planning board or the board of adjustment shall make available to the environmental commission an informational copy of every application for development submitted to either board. Failure of the planning board or board of adjustment to make such informational copy available to the environmental commission shall not invalidate any hearing or proceeding. L.1975, c. 291, s. 18, eff. Aug. 1, 1976. Amended by L.1977, c. 49, s. 1, eff. March 29, 1977.
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40:55D-28 Preparation; contents; modification. 19. Preparation; contents; modification.
a. The planning board may prepare and, after public hearing, adopt or amend a master
plan or component parts thereof, to guide the use of lands within the municipality in a manner which protects public health and safety and promotes the general welfare.
b. The master plan shall generally comprise a report or statement and land use and development proposals, with maps, diagrams and text, presenting, at least the following elements (1) and (2) and, where appropriate, the following elements (3) through (14):
(1) A statement of objectives, principles, assumptions, policies and standards upon which the constituent proposals for the physical, economic and social development of the municipality are based;
(2) A land use plan element (a) taking into account and stating its relationship to the statement provided for in paragraph (1) hereof, and other master plan elements provided for in paragraphs (3) through (14) hereof and natural conditions, including, but not necessarily limited to, topography, soil conditions, water supply, drainage, flood plain areas, marshes, and woodlands; (b) showing the existing and proposed location, extent and intensity of development of land to be used in the future for varying types of residential, commercial, industrial, agricultural, recreational, educational and other public and private purposes or combination of purposes; and stating the relationship thereof to the existing and any proposed zone plan and zoning ordinance; and (c) showing the existing and proposed location of any airports and the boundaries of any airport safety zones delineated pursuant to the "Air Safety and Zoning Act of 1983," P.L.1983, c.260 (C.6:1-80 et seq.); and (d) including a statement of the standards of population density and development intensity recommended for the municipality;
(3) A housing plan element pursuant to section 10 of P.L.1985, c.222 (C.52:27D-310), including, but not limited to, residential standards and proposals for the construction and improvement of housing;
(4) A circulation plan element showing the location and types of facilities for all modes of transportation required for the efficient movement of people and goods into, about, and through the municipality, taking into account the functional highway classification system of the Federal Highway Administration and the types, locations, conditions and availability of existing and proposed transportation facilities, including air, water, road and rail;
(5) A utility service plan element analyzing the need for and showing the future general location of water supply and distribution facilities, drainage and flood control facilities, sewerage and waste treatment, solid waste disposal and provision for other related utilities, and including any storm water management plan required pursuant to the provisions of P.L.1981, c.32 (C.40:55D-93 et seq.). If a municipality prepares a utility service plan element as a condition for adopting a development transfer ordinance pursuant to subsection c. of section 4 of P.L.2004, c.2 (C.40:55D-140), the plan element shall address the provision of utilities in the receiving zone as provided thereunder;
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(6) A community facilities plan element showing the existing and proposed location and type of educational or cultural facilities, historic sites, libraries, hospitals, firehouses, police stations and other related facilities, including their relation to the surrounding areas;
(7) A recreation plan element showing a comprehensive system of areas and public sites for recreation;
(8) A conservation plan element providing for the preservation, conservation, and utilization of natural resources, including, to the extent appropriate, energy, open space, water supply, forests, soil, marshes, wetlands, harbors, rivers and other waters, fisheries, endangered or threatened species wildlife and other resources, and which systemically analyzes the impact of each other component and element of the master plan on the present and future preservation, conservation and utilization of those resources;
(9) An economic plan element considering all aspects of economic development and sustained economic vitality, including (a) a comparison of the types of employment expected to be provided by the economic development to be promoted with the characteristics of the labor pool resident in the municipality and nearby areas and (b) an analysis of the stability and diversity of the economic development to be promoted;
(10) A historic preservation plan element: (a) indicating the location and significance of historic sites and historic districts; (b) identifying the standards used to assess worthiness for historic site or district identification; and (c) analyzing the impact of each component and element of the master plan on the preservation of historic sites and districts;
(11) Appendices or separate reports containing the technical foundation for the master plan and its constituent elements;
(12) A recycling plan element which incorporates the State Recycling Plan goals, including provisions for the collection, disposition and recycling of recyclable materials designated in the municipal recycling ordinance, and for the collection, disposition and recycling of recyclable materials within any development proposal for the construction of 50 or more units of single-family residential housing or 25 or more units of multi-family residential housing and any commercial or industrial development proposal for the utilization of 1,000 square feet or more of land;
(13) A farmland preservation plan element, which shall include: an inventory of farm properties and a map illustrating significant areas of agricultural land; a statement showing that municipal ordinances support and promote agriculture as a business; and a plan for preserving as much farmland as possible in the short term by leveraging monies made available by P.L.1999, c.152 (C.13:8C-1 et al.) through a variety of mechanisms including, but not limited to, utilizing option agreements, installment purchases, and encouraging donations of permanent development easements; and
(14) A development transfer plan element which sets forth the public purposes, the locations
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c. The master plan and its plan elements may be divided into subplans and subplan elements projected according to periods of time or staging sequences.
d. The master plan shall include a specific policy statement indicating the relationship of the proposed development of the municipality, as developed in the master plan to (1) the master plans of contiguous municipalities, (2) the master plan of the county in which the municipality is located, (3) the State Development and Redevelopment Plan adopted pursuant to the "State Planning Act," sections 1 through 12 of P.L.1985, c.398 (C.52:18A-196 et seq.) and (4) the district solid waste management plan required pursuant to the provisions of the "Solid Waste Management Act," P.L.1970, c.39 (C.13:1E-1 et seq.) of the county in which the municipality is located.
L.1975,c.291,s.19; amended 1980, c.146, s.2; 1983, c.260, s.10; 1985, c.222, s.29; 1985, c.398, s.16; 1985, c.516, s.11; 1987, c.102, s.26; 1991, c.199, s.3; 1991, c.445, s.7; 1999, c.180, s.2; 2004, c.2, s.37. 40:55D-29 Preparation of capital improvement program.
20. a. The governing body may authorize the planning board from time to time to prepare a program of municipal capital improvement projects projected over a term of at least 6 years, and amendments thereto. Such program may encompass major projects being currently undertaken or future projects to be undertaken, with federal, State, county and other public funds or under federal, State or county supervision. The first year of such program shall, upon adoption by the governing body, constitute the capital budget of the municipality as required by N.J.S.40A:4-43 et seq. The program shall classify projects in regard to the urgency and need for realization, and shall recommend a time sequence for their implementation. The program may also contain the estimated cost of each project and indicate probable operating and maintenance costs and probable revenues, if any, as well as existing sources of funds or the need for additional sources of funds for the implementation and operation of each project. The program shall, as far as possible, be based on existing information in the possession of the departments and agencies of the municipality and shall take into account public facility needs indicated by the prospective development shown in the master plan of the municipality or as permitted by other municipal land use controls.
In preparing the program, the planning board shall confer, in a manner deemed appropriate by the board, with the mayor, the chief fiscal officer, other municipal officials and agencies, and the school board or boards.
Any such program shall include an estimate of the displacement of persons and establishments caused by each recommended project.
b. In addition to any of the requirements in subsection a. of this section, whenever the planning board is authorized and directed to prepare a capital improvements program, every municipal department, authority or agency shall, upon request of the planning board, transmit to
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers said board a statement of all capital projects proposed to be undertaken by such municipal department, authority or agency, during the term of the program, for study, advice and recommendation by the planning board.
c. In addition to all of the other requirements of this section, any municipality that intends to provide for the transfer of development within its jurisdiction pursuant to section 3 of P.L.2004, c.2 (C.40:55D-139) shall include within its capital improvement program provision for those capital projects to be undertaken in the receiving zone or zones required as a condition for adopting a development transfer ordinance pursuant to subsection b. of section 4 of P.L.2004, c.2 (C.40:55D-140).
L.1975,c.291,s.20; amended 2004, c.2, s.38. 40:55D-30. Adoption of capital improvement program Whenever the planning board has prepared a capital improvement program pursuant to section 20 of this act, it shall recommend such program to the governing body which may adopt such program with any modification approved by affirmative vote of a majority of the full authorized membership of the governing body and with the reasons for said modification recorded in the minutes. L.1975, c. 291, s. 21, eff. Aug. 1, 1976. 40:55D-31 Review by planning board.
22. a. Whenever the planning board shall have adopted any portion of the master plan, the governing body or other public agency having jurisdiction over the subject matter, before taking action necessitating the expenditure of any public funds, incidental to the location, character or extent of such project, shall refer the action involving such specific project to the planning board for review and recommendation in conjunction with such master plan and shall not act thereon, without such recommendation or until 45 days have elapsed after such reference without receiving such recommendation. This requirement shall apply to action by a housing, parking, highway, special district, or other authority, redevelopment agency, school board or other similar public agency, State, county or municipal.
b. The planning board shall review and issue findings concerning any long-range facilities plan submitted to the board pursuant to the "Educational Facilities Construction and Financing Act,"P.L.2000, c.72 (C.18A:7G-1 et al.), for the purpose of review of the extent to which the long-range facilities plan is informed by, and consistent with, at least the land use plan element and the housing element contained within the municipal master plan adopted pursuant to section 19 of P.L.1975, c.291 (C.40:55D-28) and such other elements of the municipal master plan as the planning board deems necessary to determine whether the prospective sites for school facilities contained in the long-range facilities plan promote more effective and efficient coordination of school construction with the development efforts of the municipality. The planning board shall devote at least one full meeting of the board to presentation and review of the long-range facilities plan prior to adoption of a resolution setting forth the board's findings.
Amended 2000, c.72, s.55.
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers 40:55D-32. Establish an official map The governing body may by ordinance adopt or amend an official map of the municipality, which shall reflect the appropriate provisions of any municipal master plan; provided that the governing body may adopt an official map or an amendment or revision thereto which, in whole or in part, is inconsistent with the appropriate designations in the subplan elements of the master plan, but only by the affirmative vote of a majority of its full authorized membership with the reasons for so acting recorded in the minutes when adopting the official map. Prior to the hearing on the adoption of any official map or any amendment thereto, the governing body shall refer the proposed official map or amendment to the planning board pursuant to subsection 17a. of this act. The official map shall be deemed conclusive with respect to the location and width of streets and public drainage ways and the location and extent of flood control basins and public areas, whether or not such streets, ways, basins or areas are improved or unimproved or are in actual physical existence. Upon receiving an application for development, the municipality may reserve for future public use, the aforesaid streets, ways, basins, and areas in the manner provided in section 32. L.1975, c. 291, s. 23, eff. Aug. 1, 1976. 40:55D-33. Change or addition to map The approval by the municipality by ordinance under the provisions of any law other than as contained in this article of the layout, widening, changing the course of or closing of any street, or the widening or changing the course of any public drainage way or changing the boundaries of a flood control basin or public area, shall be subject to relevant provisions of this act. L.1975, c. 291, s. 24, eff. Aug. 1, 1976.
40:55D-34. Issuance of permits for buildings or structures 25. Issuance of permits for buildings or structures. For purpose of preserving the integrity of the official map of a municipality no permit shall be issued for any building or structure in the bed of any street or public drainage way, flood control basin or public area reserved pursuant to section 23 of P.L.1975, c.291 (C.40:55D-32) as shown on the official map, or shown on a plat filed pursuant to this act before adoption of the official map, except as herein provided. Whenever one or more parcels of land, upon which is located the bed of such a mapped street or public drainage way, flood control basin or public area reserved pursuant to section 23 of P.L.1975, c.291 (C.40:55D-32), cannot yield a reasonable return to the owner unless a building permit is granted, the board of adjustment, in any municipality which has established such a board, may, in a specific case, by an affirmative vote of a majority of the full authorized membership of the board, direct the issuance of a permit for a building or structure in the bed of such mapped street or public drainage way or flood control basin or public area reserved pursuant to section 23 of P.L.1975, c.291 (C.40:55D-32), which will as little as practicable increase the cost of opening such street, or tend to cause a minimum change of the official map and the board shall impose reasonable requirements as a condition of granting the permit so as to promote the health, morals, safety and general welfare of the public. Sections 59 through 62 of
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers P.L.1975, c.291 (C.40:55D-72 through C.40:55D-75) shall apply to applications or appeals pursuant to this section. In any municipality in which there is no board of adjustment, the planning board shall have the same powers and be subject to the same restrictions as provided in this section. The board of adjustment shall not exercise the power otherwise granted by this section if the proposed development requires approval by the planning board of a subdivision, site plan or conditional use in conjunction with which the planning board has power to direct the issuance of a permit pursuant to subsection b. of section 47 of P.L.1975, c.291 (C.40:55D-60). L.1975,c.291,s.25; amended 1991,c.256,s.6. 40:55D-35. Building lot to abut street Building lot to abut street. No permit for the erection of any building or structure shall be issued unless the lot abuts a street giving access to such proposed building or structure. Such street shall have been duly placed on the official map or shall be (1) an existing State, county or municipal street or highway, or (2) a street shown upon a plan approved by the planning board, or (3) a street on a plat duly filed in the office of the county recording officer prior to the passage of an ordinance under this act or any prior law which required prior approval of plats by the governing body or other authorized body. Before any such permit shall be issued, (1) such street shall have been certified to be suitably improved to the satisfaction of the governing body, or such suitable improvement shall have been assured by means of a performance guarantee, in accordance with standards and specifications for road improvements approved by the governing body, as adequate in respect to the public health, safety and general welfare of the special circumstance of the particular street and, (2) it shall have been established that the proposed access conforms with the standards of the State highway access management code adopted by the Commissioner of Transportation under section 3 of the "State Highway Access Management Act," P.L 1989, c. 32 (C. 27:7-91), in the case of a State highway, with the standards of any access management code adopted by the county under R.S. 27:16-1 in the case of a county road or highway, and with the standards of any municipal access management code adopted under R.S. 40:67-1 in the case of a municipal street or highway. L. 1975, c. 291, s. 26; amended L. 1989, c. 32, s. 23. 40:55D-36. Appeals 27. Appeals. Where the enforcement of section 26 of P.L.1975, c.291 (C.40:55D-35) would entail practical difficulty or unnecessary hardship, or where the circumstances of the case do not require the building or structure to be related to a street, the board of adjustment may upon application or appeal, vary the application of section 26 of P.L.1975, c.291 (C.40:55D-35) and direct the issuance of a permit subject to conditions that will provide adequate access for firefighting equipment, ambulances and other emergency vehicles necessary for the protection of health and safety and that will protect any future street layout shown on the official map or on a general circulation plan element of the municipal master plan pursuant to paragraph (4) of subsection b. of section 19 of P.L.1975, c.291 (C.40:55D-28). Sections 59 through 62 of P.L.1975, c.291 (C.40:55D-72 through C.40:55D-75) shall apply to
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers applications or appeals pursuant to this section. In any municipality in which there is no board of adjustment, the planning board shall have the same powers and be subject to the same restrictions as provided in this section. The board of adjustment shall not exercise the power otherwise granted by this section if the proposed development requires approval by the planning board of a subdivision, site plan or conditional use in conjunction with which the planning board has power to direct the issuance of a permit pursuant to subsection c. of section 47 of P.L.1975, c.291 (C.40:55D-60). L.1975,c.291,s.27; amended 1991,c.256,s.7. 40:55D-37. Grant of power; referral of proposed ordinance; county planning board approval a. The governing body may by ordinance require approval of subdivision plats by resolution of the planning board as a condition for the filing of such plats with the county recording officer and approval of site plans by resolution of the planning board as a condition for the issuance of a permit for any development, except that subdivision or individual lot applications for detached one or two dwelling-unit buildings shall be exempt from such site plan review and approval; provided that the resolution of the board of adjustment shall substitute for that of the planning board whenever the board of adjustment has jurisdiction over a subdivision or site plan pursuant to subsection 63b. of this act. b. Prior to the hearing on adoption of an ordinance providing for planning board approval of either subdivisions or site plans or both or any amendment thereto, the governing body shall refer any such proposed ordinance or amendment thereto to the planning board pursuant to subsection 17a. of this act. c. Each application for subdivision approval, where required pursuant to section 5 of P.L.1968, c. 285 (C. 40:27-6.3), and each application for site plan approval, where required pursuant to section 8 of P.L.1968, c. 285 (C. 40:27-6.6) shall be submitted by the applicant to the county planning board for review or approval, as required by the aforesaid sections, and 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. L.1975, c. 291, s. 28, eff. Aug. 1, 1976. 40:55D-38. Contents ordinance 29. Contents of ordinance. An ordinance requiring approval by the planning board of either subdivisions or site plans, or both, shall include the following: a. Provisions, not inconsistent with other provisions of this act, for submission and processing of applications for development, including standards for preliminary and final approval and provisions for processing of final approval by stages or sections of development; b. Provisions ensuring:
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers (1) Consistency of the layout or arrangement of the subdivision or land development with the requirements of the zoning ordinance; (2) Streets in the subdivision or land development of sufficient width and suitable grade and suitably located to accommodate prospective traffic and to provide access for firefighting and emergency equipment to buildings and coordinated so as to compose a convenient system consistent with the official map, if any, and the circulation element of the master plan, if any, and so oriented as to permit, consistent with the reasonable utilization of land, the buildings constructed thereon to maximize solar gain; provided that no street of a width greater than 50 feet within the right-of-way lines shall be required unless said street constitutes an extension of an existing street of the greater width, or already has been shown on the master plan at the greater width, or already has been shown in greater width on the official map; (3) Adequate water supply, drainage, shade trees, sewerage facilities and other utilities necessary for essential services to residents and occupants; (4) Suitable size, shape and location for any area reserved for public use pursuant to section 32 of this act; (5) Reservation pursuant to section 31 of this act of any open space to be set aside for use and benefit of the residents of planned development, resulting from the application of standards of density or intensity of land use, contained in the zoning ordinance, pursuant to subsection c. of section 52 of this act; (6) Regulation of land designated as subject to flooding, pursuant to subsection e. of section 52 of this act, to avoid danger to life or property; (7) Protection and conservation of soil from erosion by wind or water or from excavation or grading; (8) Conformity with standards promulgated by the Commissioner of Transportation, pursuant to the "Air Safety and Hazardous Zoning Act of 1983," P.L.1983, c.260 (C.6:1-80 et seq.), for any airport hazard areas delineated under that act; (9) Conformity with a municipal recycling ordinance required pursuant to section 6 of P.L.1987, c.102 (C.13:1E-99.16); (10) Conformity with the State highway access management code adopted by the Commissioner of Transportation under section 3 of the "State Highway Access Management Act," P.L.1989, c.32 (C.27:7-91), with respect to any State highways within the municipality; (11) Conformity with any access management code adopted by the county under R.S.27:16-1, with respect to any county roads within the municipality; (12) Conformity with any municipal access management code adopted under R.S.40:67-1,
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers with respect to municipal streets; (13) Protection of potable water supply reservoirs from pollution or other degradation of water quality resulting from the development or other uses of surrounding land areas, which provisions shall be in accordance with any siting, performance, or other standards or guidelines adopted therefor by the Department of Environmental Protection; (14) Conformity with the public safety regulations concerning storm water detention facilities adopted pursuant to section 5 of P.L.1991, c.194 (C.40:55D-95.1) and reflected in storm water management plans and storm water management ordinances adopted pursuant to P.L.1981, c.32 (C.40:55D-93 et al.); and (15) Conformity with the model ordinance promulgated by the Department of Environmental Protection and Department of Community Affairs pursuant to section 2 of P.L.1993, c.81 (C.13:1E-99.13a) regarding the inclusion of facilities for the collection or storage of source separated recyclable materials in any new multifamily housing development. c. Provisions governing the standards for grading, improvement and construction of streets or drives and for any required walkways, curbs, gutters, streetlights, shade trees, fire hydrants and water, and drainage and sewerage facilities and other improvements as shall be found necessary, and provisions ensuring that such facilities shall be completed either prior to or subsequent to final approval of the subdivision or site plan by allowing the posting of performance bonds by the developer; d. Provisions ensuring that when a municipal zoning ordinance is in effect, a subdivision or site plan shall conform to the applicable provisions of the zoning ordinance, and where there is no zoning ordinance, appropriate standards shall be specified in an ordinance pursuant to this article; and e. Provisions ensuring performance in substantial accordance with the final development plan; provided that the planning board may permit a deviation from the final plan, if caused by change of conditions beyond the control of the developer since the date of final approval, and the deviation would not substantially alter the character of the development or substantially impair the intent and purpose of the master plan and zoning ordinance. L.1975,c.291,s.29; amended 1980,c.146,s.3; 1983,c.260,s.11; 1985,c.516,s.12; 1987,c.102,s.27; 1989,c.32,s.24; 1989,c.208; 1991,c.194,s.4; 1991,c.445,s.8; 1993,c.81,s.1. 40:55D-39. Discretionary contents of ordinance Discretionary contents of ordinance. An ordinance requiring approval by the planning board of either subdivisions or site plans or both may include the following: a. Provisions for off-tract water, sewer, drainage, and street improvements which are necessitated by a subdivision or land development, subject to the provisions of section 30; b. Provisions for standards encouraging and promoting flexibility, and economy in layout and
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers design through the use of planned unit development, planned unit residential development and residential cluster; provided that such standards shall be appropriate to the type of development permitted; and provided further that the ordinance shall set forth the limits and extent of any special provisions applicable to such planned developments, so that the manner in which such special provisions differ from the standards otherwise applicable to subdivisions or site plans can be determined; c. Provisions for planned development: (1) Authorizing the planning board to grant general development plan approval to provide the increased flexibility desirable to promote mutual agreement between the applicant and the planning board on the basic scheme of a planned development and setting forth any variations from the ordinary standards for preliminary and final approval; (2) Requiring that any common open space resulting from the application of standards for density, or intensity of land use, be set aside for the use and benefit of the owners or residents in such development subject to section 31 of this act; (3) Setting forth how the amount and location of any common open space shall be determined and how its improvement and maintenance for common open space use shall be secured subject to section 31 of this act; (4) Authorizing the planning board to allow for a greater concentration of density, or intensity of land use, within a section or sections of development, whether it be earlier, later or simultaneous in the development, than in others; (5) Setting forth any requirement that the approval by the planning board of a greater concentration of density or intensity of land use for any section to be developed be offset by a smaller concentration in any completed prior stage or by an appropriate reservation of common open space on the remaining land by grant of easement or by covenant in favor of the municipality; provided that such reservation shall, as far as practicable, defer the precise location of common open space until an application for final approval is filed, so that flexibility of development can be maintained; (6) Setting forth any requirements for timing of development among the various types of uses and subgroups thereunder and, in the case of planned unit development and planned unit residential development, whether some nonresidential uses are required to be built before, after or at the same time as the residential uses. d. Provisions ensuring in the case of a development which proposes construction over a period of years, the protection of the interests of the public and of the residents, occupants and owners of the proposed development in the total completion of the development. e. Provisions that require as a condition for local municipal approval the submission of proof that no taxes or assessments for local improvements are due or delinquent on the property for which any subdivision, site plan, or planned development application is made.
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers f. Provisions for the creation of a Site Plan Review Advisory Board for the purpose of reviewing all site plan applications and making recommendations to the planning board in regard thereto. P.L. 1975,c.291; amended 1987,c.129,s.2. 40:55D-40. Discretionary contents of subdivision ordinance An ordinance requiring subdivision approval by the planning board pursuant to this article may also include: a. Provisions for minor subdivision approval pursuant to section 35 of this act; and b. Standards encouraging and promoting flexibility, economy and environmental soundness in layout and design in accordance with which the planning board may approve the varying, within a conventional subdivision, of lot areas and dimensions, and yards and setbacks otherwise required by municipal development regulations in such a way that the average lot areas and dimensions, yards and setbacks within the subdivision conform to the conventional norms of the municipal development regulations; provided that such standards shall be appropriate to the type of development permitted. L.1975, c. 291, s. 29.2, eff. Aug. 1, 1976. 40:55D-40.1. Definitions 1. As used in this act: "Board" means the Site Improvement Advisory Board established by this act; "Commissioner" means the Commissioner of Community Affairs; "Department" means the Department of Community Affairs; and "Site improvement" means any construction work on, or improvement in connection with, residential development, and shall be limited to, streets, roads, parking facilities, sidewalks, drainage structures, and utilities. L.1993,c.32,s.1. 40:55D-40.2. Findings, declarations 2. The Legislature hereby finds and declares that: a. The multiplicity of standards for subdivisions and site improvements that currently exists in this State increases the costs of housing without commensurate gains in the protection of the public health and safety; b. It is in the public interest to avoid unnecessary cost in the construction process and uniform
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers site improvement standards that are both sound and cost effective will advance this goal; c. Adoption of uniform site improvement standards will satisfy the need to ensure predictability; d. The public interest is best served by having development review based, to the greatest extent possible, upon sound, objective site improvement standards rather than upon discretionary design standards; e. The goal of streamlining the development approval process by improving the efficiency of the application process is best served by the establishment of a uniform set of technical site improvement standards for land development which represents a consensus of informed and interested parties and which adequately addresses their concerns; f. In order to provide the widest possible range of design freedom and promote diversity, technical requirements should be based upon uniform site improvement standards; and g. The policymaking aspects of development review are best separated from the making of technical determinations. L.1993,c.32,s.2. 40:55D-40.3. Site Improvement Advisory Board 3. a. There is established in, but not of, the department a Site Improvement Advisory Board, to devise statewide site improvement standards pursuant to section 4 of this act. The board shall consist of the commissioner or his designee, who shall be a non-voting member of the board, the Director of the Division of Housing in the Department of Community Affairs, who shall be a voting member of the board, and 10 other voting members, to be appointed by the commissioner. The other members shall include two professional planners, one of whom serves as a planner for a governmental entity or whose professional experience is predominantly in the public sector and who has worked in the public sector for at least the previous five years and the other of whom serves as a planner in private practice and has particular expertise in private residential development and has been involved in private sector planning for at least the previous five years, and one representative each from: (1) The New Jersey Society of Professional Engineers; (2) The New Jersey Society of Municipal Engineers; (3) The New Jersey Association of County Engineers; (4) The New Jersey Federation of Planning Officials; (5) The Council on Affordable Housing; (6) The New Jersey Builders' Association;
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers (7) The New Jersey Institute of Technology; (8) The New Jersey State League of Municipalities. b. Among the members to be appointed by the commissioner who are first appointed, four shall be appointed for terms of two years each, four shall be appointed for terms of three years each, and two shall be appointed for terms of four years each. Thereafter, each appointee shall serve for a term of four years. Vacancies in the membership shall be filled in the same manner as original appointments are made, for the unexpired term. The commission shall select from among its members a chairman. Members may be removed by the commissioner for cause. c. Board members shall serve without compensation, but may be entitled to reimbursement, from moneys appropriated or otherwise made available for the purposes of this act, for expenses incurred in the performance of their duties. L.1993,c.32,s.3. 40:55D-40.4. Submission of recommendations for Statewide site improvement standards for residential development 4. a. The board shall, no later than 180 days following the appointment of its full membership, prepare and submit to the commissioner recommendations for Statewide site improvement standards for residential development. The site improvement standards shall implement the recommendations with respect to streets, off-street parking, water supply, sanitary sewers and storm water management of Article Six (with the exhibits appended thereto) of the January 1987 "Model Subdivision and Site Plan Ordinance" prepared for the department by The Center for Urban Policy Research at Rutgers, The State University, except to the extent that the recommendations set forth in the "Model Subdivision and Site Plan Ordinance" are inconsistent with the requirements of other law; provided, however, that, in the case of inconsistency between the "Model Subdivision and Site Plan Ordinance" and the "Municipal Land Use Law," P.L.1975, c.291 (C.40:55D-1 et seq.), the site improvement standards recommended by the board shall conform to the provisions of the "Model Subdivision and Site Plan Ordinance;" and provided, further, that the board may in developing its recommendations, replace or modify any of the specific standards set forth in the aforesaid model ordinance in light of any recommended site improvement standards promulgated under similarly authoritative auspices of any academic or professional institution or organization. In addition to those recommended standards, the board shall develop, and shall submit with recommendation to the commissioner, a model application form for use throughout the State. At the time the board submits its recommendations for Statewide site improvement standards and a model Statewide application form, the board shall submit to the commissioner, the Governor and the Legislature any recommendations it may deem necessary, in view of the recommended site improvement standards and the model statewide application form, for changes in the "Municipal Land Use Law," P.L.1975, c.291 (C.40:55D-1 et seq.). b. The commissioner shall review the recommendations submitted by the board and,
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers following his review, shall establish, by regulation adopted pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), a set of Statewide site improvement standards to be followed by municipalities in granting development approval pursuant to P.L.1975, c.291 (C.40:55D-1 et seq.) and a standard application form that shall be used throughout the State. The commissioner shall promulgate the recommendations of the board with regard to Statewide site improvement standards without making a change in any recommended standard unless, in the commissioner's judgment, a standard would: (1) place an unfair economic burden on some municipalities or developers relative to others; or (2) result in a danger to the public health or safety. The commissioner may veto any site improvement standard on the abovementioned grounds; however, any veto of the commissioner may be overridden by a two-thirds vote of the board. The regulations shall be adopted within one year of their submission by the board to the commissioner. c. A municipality or developer may seek a waiver of any site improvement standard adopted by the board in connection with a specific development if, in the judgment of the municipal engineer or the developer, to adhere to the standard would jeopardize the public health and safety. Any application for a waiver shall be submitted in writing to the commissioner, who shall direct the application to a technical subcommittee, as described below, if the commissioner deems the application to be justified according to the standards set forth in this subsection. The technical subcommittee shall consist of those representatives set forth in paragraphs (1), (2) and (6) of subsection a. of section 3 of this act appointed by the commissioner to serve on the Site Improvement Advisory Board. Any decision of the technical subcommittee shall be adopted by resolution explaining the subcommittee's rationale for granting the waiver. The subcommittee shall render its decision within 30 days of the commissioner's determination that the application is justified. Any decision of the technical subcommittee may be appealed to the entire board; however, the board shall render any final decision of an appeal within 10 days of the hearing on the appeal and the decision of the full board shall be final. The waiver process shall not extend the time guidelines which constrain development applications which are set forth in the "Municipal Land Use Law," P.L.1975, c.291 (C.40:55D-1 et seq.). d. The board shall annually review the regulations adopted pursuant to subsection b. of this section, and shall recommend to the commissioner any changes in those regulations which the board deems necessary based on recommended site improvement standards promulgated under the authoritative auspices of any academic or professional institution or organization. Any changes made in the regulations pursuant to this subsection shall be made according to the same procedure and shall be subject to the same waiver provisions as those set forth in subsections a., b. and c. of this section. L.1993,c.32,s.4. 40:55D-40.5. Supersedure of site improvement standards 5. Notwithstanding any provision to the contrary of the "Municipal Land Use Law," P.L.1975, c.291 (C.40:55D-1 et seq.), the standards set forth in the regulations adopted pursuant to subsection b. of section 4 of this act shall supersede any site improvement standards incorporated within the development ordinances of any municipality, as provided hereunder. The regulations adopted by the commissioner pursuant to subsection b. of section 4 of this act and any subsequent amendments thereto shall take effect 180 days following the adoption of
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers those regulations and any municipal ordinances in effect on that date shall be deemed to have been repealed and have no further force or effect; provided, however, that the development ordinances of any municipality shall continue to govern any project which has received preliminary approval on or before the effective date of any site improvement standards or amendments adopted thereto. L.1993,c.32,s.5. 40:55D-40.6. Municipal zoning power not limited 6. Nothing contained in this act shall in any way limit the zoning power of any municipality. L.1993,c.32,s.6. 40:55D-40.7. Construction of act 7. a. Nothing in this act shall be construed to modify the provisions of the "Pinelands Protection Act," P.L.1979, c.111 (C.13:18A-1 et seq.) or any regulations promulgated pursuant thereto and section 502 of the "National Parks and Recreation Act of 1978" (Pub.L 95-625). b. Nothing in this act shall be construed to prohibit, preempt or in any way affect the exercise of any authority by the State or any county government with respect to site improvements conferred by any other State law or regulation promulgated thereunder. L.1993,c.32,s.7. 40:55D-41. Contents of site plan ordinance Contents of site plan ordinance. An ordinance requiring site plan review and approval pursuant to this article shall include and shall be limited to, except as provided in sections 29 and 29.1 of this act standards and requirements relating to: a. Preservation of existing natural resources on the site; b. Safe and efficient vehicular and pedestrian circulation, parking and loading; c. Screening, landscaping and location of structures; d. Exterior lighting needed for safety reasons in addition to any requirements for street lighting; e. Conservation of energy and use of renewable energy sources; and f. Recycling of designated recyclable materials. L. 1975, c. 291, s. 41; amended by L. 1980, c. 146, s. 4; 1987, c. 102, s. 28.
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers 40:55D-42 Contribution for off-tract water, sewer, drainage, and street improvements.
30. Contribution for off-tract water, sewer, drainage, and street improvements. The governing body may by ordinance adopt regulations requiring a developer, as a condition for approval of a subdivision or site plan, to pay the pro-rata share of the cost of providing only reasonable and necessary street improvements and water, sewerage and drainage facilities, and easements therefore, located off-tract but necessitated or required by construction or improvements within such subdivision or development. Such regulations shall be based on circulation and comprehensive utility service plans pursuant to subsections 19b.(4) and 19b.(5) of this act, respectively, and shall establish fair and reasonable standards to determine the proportionate or pro-rata amount of the cost of such facilities that shall be borne by each developer or owner within a related and common area, which standards shall not be altered subsequent to preliminary approval. Where a developer pays the amount determined as his pro-rata share under protest he shall institute legal action within one year of such payment in order to preserve the right to a judicial determination as to the fairness and reasonableness of such amount.
L.1975,c.291,s.30; amended 1998, c.95, s.8. 40:55D-43. Standards for the establishment of open space organization a. An ordinance pursuant to this article permitting planned unit development, planned unit residential development or residential cluster may provide that the municipality or other governmental agency may, at any time and from time to time, accept the dedication of land or any interest therein for public use and maintenance, but the ordinance shall not require, as a condition of the approval of a planned development, that land proposed to be set aside for common open space be dedicated or made available to public use. An ordinance pursuant to this article providing for planned unit development, planned unit residential development, or residential cluster shall require that the developer provide for an organization for the ownership and maintenance of any open space for the benefit of owners or residents of the development, if said open space is not dedicated to the municipality or other governmental agency. Such organization shall not be dissolved and shall not dispose of any open space, by sale or otherwise, except to an organization conceived and established to own and maintain the open space for the benefit of such development, and thereafter such organization shall not be dissolved or dispose of any of its open space without first offering to dedicate the same to the municipality or municipalities wherein the land is located. b. In the event that such organization shall fail to maintain the open space in reasonable order and condition, the municipal body or officer designated by ordinance to administer this subsection may serve written notice upon such organization or upon the owners of the development setting forth the manner in which the organization has failed to maintain the open space in reasonable condition, and said notice shall include a demand that such deficiencies of maintenance be cured within 35 days thereof, and shall state the date and place of a hearing thereon which shall be held within 15 days of the notice. At such hearing, the designated municipal body or officer, as the case may be, may modify the terms of the original notice as to deficiencies and may give a reasonable extension of time not to exceed 65 days within which they shall be cured. If the deficiencies set forth in the original notice or in the modification
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers thereof shall not be cured within said 35 days or any permitted extension thereof, the municipality, in order to preserve the open space and maintain the same for a period of 1 year may enter upon and maintain such land. Said entry and maintenance shall not vest in the public any rights to use the open space except when the same is voluntarily dedicated to the public by the owners. Before the expiration of said year, the designated municipal body or officer, as the case may be, shall, upon its initiative or upon the request of the organization theretofore responsible for the maintenance of the open space, call a public hearing upon 15 days written notice to such organization and to the owners of the development, to be held by such municipal body or officer, at which hearing such organization and the owners of the development shall show cause why such maintenance by the municipality shall not, at the election of the municipality, continue for a succeeding year. If the designated municipal body or officer, as the case may be, shall determine that such organization is ready and able to maintain said open space in reasonable condition, the municipality shall cease to maintain said open space at the end of said year. If the municipal body or officer, as the case may be, shall determine such organization is not ready and able to maintain said open space in a reasonable condition, the municipality may, in its discretion, continue to maintain said open space during the next succeeding year, subject to a similar hearing and determination, in each year thereafter. The decision of the municipal body or officer in any such case shall constitute a final administrative decision subject to judicial review. If a municipal body or officer is not designated by ordinance to administer this subsection, the governing body shall have the same powers and be subject to the same restrictions as provided in this subsection. c. The cost of such maintenance by the municipality shall be assessed pro rata against the properties within the development that have a right of enjoyment of the open space in accordance with assessed value at the time of imposition of the lien, and shall become a lien and tax on said properties and be added to and be a part of the taxes to be levied and assessed thereon, and enforced and collected with interest by the same officers and in the same manner as other taxes. L.1975, c. 291, s. 31, eff. Aug. 1, 1976. 40:55D-44. Reservation of public areas If the master plan or the official map provides for the reservation of designated streets, public drainageways, flood control basins, or public areas within the proposed development, before approving a subdivision or site plan, the planning board may further require that such streets, ways, basins or areas be shown on the plat in locations and sizes suitable to their intended uses. The planning board may reserve the location and extent of such streets, ways, basins or areas shown on the plat for a period of 1 year after the approval of the final plat or within such further time as may be agreed to by the developer. Unless during such period or extension thereof the municipality shall have entered into a contract to purchase or institute condemnation proceedings according to law for the fee or a lesser interest in the land comprising such streets, ways, basins or areas, the developer shall not be bound by such reservations shown on the plat and may proceed to use such land for private use in accordance with applicable development regulations. The provisions of this section shall not apply to the streets and roads, flood control basins or public drainageways necessitated by the subdivision or land development and required for final
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers approval. The developer shall be entitled to just compensation for actual loss found to be caused by such temporary reservation and deprivation of use. In such instance, unless a lesser amount has previously been mutually agreed upon, just compensation shall be deemed to be the fair market value of an option to purchase the land reserved for the period of reservation; provided that determination of such fair market value shall include, but not be limited to, consideration of the real property taxes apportioned to the land reserved and prorated for the period of reservation. The developer shall be compensated for the reasonable increased cost of legal, engineering, or other professional services incurred in connection with obtaining subdivision approval or site plan approval, as the case may be, caused by the reservation. The municipality shall provide by ordinance for a procedure for the payment of all compensation payable under this section. L.1975, c. 291, s. 32, eff. Aug. 1, 1976. 40:55D-45. Findings for planned developments Every ordinance pursuant to this article that provides for planned developments shall require that prior to approval of such planned developments the planning board shall find the following facts and conclusions: a. That departures by the proposed development from zoning regulations otherwise applicable to the subject property conform to the zoning ordinance standards pursuant to subsection 52c. of this act; b. That the proposals for maintenance and conservation of the common open space are reliable, and the amount, location and purpose of the common open space are adequate; c. That provision through the physical design of the proposed development for public services, control over vehicular and pedestrian traffic, and the amenities of light and air, recreation and visual enjoyment are adequate; d. That the proposed planned development will not have an unreasonably adverse impact upon the area in which it is proposed to be established; e. In the case of a proposed development which contemplates construction over a period of years, that the terms and conditions intended to protect the interests of the public and of the residents, occupants and owners of the proposed development in the total completion of the development are adequate. L.1975, c. 291, s. 33, eff. Aug. 1, 1976. 40:55D-45.1. General development plan a. The general development plan shall set forth the permitted number of dwelling units, the amount of nonresidential floor space, the residential density, and the nonresidential floor area ratio for the planned development, in its entirety, according to a schedule which sets forth the timing of the various sections of the development.
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers The planned development shall be developed in accordance with the general development plan approved by the planning board notwithstanding any provision of P.L. 1975, c. 291 (C.40:55D-1et seq.), or an ordinance or regulation adopted pursuant thereto after the effective date of the approval. b. The term of the effect of the general development plan approval shall be determined by the planning board using the guidelines set forth in subsection c. of this section, except that the term of the effect of the approval shall not exceed 20 years from the date upon which the developer receives final approval of the first section of the planned development pursuant to P.L. 1975, c. 291 (C.40:55D-1et seq.). c. In making its determination regarding the duration of the effect of approval of the development plan, the planning board shall consider: the number of dwelling units or amount of nonresidential floor area to be constructed, prevailing economic conditions, the timing schedule to be followed in completing the development and the likelihood of its fulfillment, the developer's capability of completing the proposed development, and the contents of the general development plan and any conditions which the planning board attaches to the approval thereof. L. 1987, c. 129, s. 3. 40:55D-45.2. Contents of general development plan A general development plan may include, but not be limited to, the following: a. A general land use plan at a scale specified by ordinance indicating the tract area and general locations of the land uses to be included in the planned development. The total number of dwelling units and amount of nonresidential floor area to be provided and proposed land area to be devoted to residential and nonresidential use shall be set forth. In addition, the proposed types of nonresidential uses to be included in the planned development shall be set forth, and the land area to be occupied by each proposed use shall be estimated. The density and intensity of use of the entire planned development shall be set forth, and a residential density and a nonresidential floor area ratio shall be provided; b. A circulation plan showing the general location and types of transportation facilities, including facilities for pedestrian access, within the planned development and any proposed improvements to the existing transportation system outside the planned development; c. An open space plan showing the proposed land area and general location of parks and any other land area to be set aside for conservation and recreational purposes and a general description of improvements proposed to be made thereon, including a plan for the operation and maintenance of parks and recreational lands; d. A utility plan indicating the need for and showing the proposed location of sewage and water lines, any drainage facilities necessitated by the physical characteristics of the site, proposed methods for handling solid waste disposal, and a plan for the operation and maintenance of proposed utilities;
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers e. A storm water management plan setting forth the proposed method of controlling and managing storm water on the site; f. An environmental inventory including a general description of the vegetation, soils, topography, geology, surface hydrology, climate and cultural resources of the site, existing man-made structures or features and the probable impact of the development on the environmental attributes of the site; g. A community facility plan indicating the scope and type of supporting community facilities which may include, but not be limited to, educational or cultural facilities, historic sites, libraries, hospitals, firehouses, and police stations; h. A housing plan outlining the number of housing units to be provided and the extent to which any housing obligation assigned to the municipality pursuant to P.L. 1985, c. 222 (C. 52:27D-301 et al.) will be fulfilled by the development; i. A local service plan indicating those public services which the applicant proposes to provide and which may include, but not be limited to, water, sewer, cable and solid waste disposal; j. A fiscal report describing the anticipated demand on municipal services to be generated by the planned development and any other financial impacts to be faced by municipalities or school districts as a result of the completion of the planned development. The fiscal report shall also include a detailed projection of property tax revenues which will accrue to the county, municipality and school district according to the timing schedule provided under subsection k. of this section, and following the completion of the planned development in its entirety; k. A proposed timing schedule in the case of a planned development whose construction is contemplated over a period of years, including any terms or conditions which are intended to protect the interests of the public and of the residents who occupy any section of the planned development prior to the completion of the development in its entirety; and l. A municipal development agreement, which shall mean a written agreement between a municipality and a developer relating to the planned development. L. 1987, c. 129, s. 4. 40:55D-45.3. Submission of general development plan a. Any developer of a parcel of land greater than 100 acres in size for which the developer is seeking approval of a planned development pursuant to P.L. 1975, c. 291 (C. 40:55D-1et seq.) may submit a general development plan to the planning board prior to the granting of preliminary approval of that development by the planning board pursuant to section 34 of P.L. 1975, c. 291 (C. 40:55D-46) or section 36 of P.L. 1975, c. 291 (C. 40:55D-48). b. The planning board shall grant or deny general development plan approval within 95 days
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers 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 general development plan approval of the planned development. L. 1987, c. 129, s. 5. 40:55D-45.4. Modification of timing schedule In the event that the developer seeks to modify the proposed timing schedule, such modification shall require the approval of the planning board. The planning board shall, in deciding whether or not to grant approval of the modification, take into consideration prevailing economic and market conditions, anticipated and actual needs for residential units and nonresidential space within the municipality and the region, and the availability and capacity of public facilities to accommodate the proposed development. L. 1987, c. 129, s. 6. 40:55D-45.5. Variation approval a. Except as provided hereunder, the developer shall be required to gain the prior approval of the planning board if, after approval of the general development plan, the developer wishes to make any variation in the location of land uses within the planned development or to increase the density of residential development or the floor area ratio of nonresidential development in any section of the planned development. b. Any variation in the location of land uses or increase in density or floor area ratio proposed in reaction to a negative decision of, or condition of development approval imposed by, the Pinelands Commission pursuant to P.L. 1979, c. 111 (C. 13:18A-1 et seq.) or the Department of Environmental Protection pursuant to P.L. 1973, c. 185 (C. 13:19-1 et seq.) shall be approved by the planning board if the developer can demonstrate, to the satisfaction of the planning board, that the variation being proposed is a direct result of such determination by the Pinelands Commission or the Department of Environmental Protection, as the case may be. L. 1987, c. 129, s. 7. 40:55D-45.6. Revision of general development plan a. Except as provided hereunder, once a general development plan has been approved by the planning board, it may be amended or revised only upon application by the developer approved by the planning board. b. A developer, without violating the terms of the approval pursuant to this act, may, in undertaking any section of the planned development, reduce the number of residential units or amounts of nonresidential floor space by no more than 15% or reduce the residential density or nonresidential floor area ratio by no more than 15%; provided, however, that a developer may not reduce the number of residential units to be provided pursuant to P.L.1985, c. 222 (C. 52:27D-301 et al.), without prior municipal approval. L. 1987, c. 129, s. 8.
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers 40:55D-45.7. Notification of completion a. Upon the completion of each section of the development as set forth in the approved general development plan, the developer shall notify the administrative officer, by certified mail, as evidence that the developer is fulfilling his obligations under the approved plan. For the purposes of this section, "completion" of any section of the development shall mean that the developer has acquired a certificate of occupancy for every residential unit or every nonresidential structure, as set forth in the approved general development plan and pursuant to section 15 of P.L.1975, c. 217 (C. 52:27D-133). If the municipality does not receive such notification at the completion of any section of the development, the municipality shall notify the developer, by certified mail, in order to determine whether or not the terms of the approved plan are being complied with. If a developer does not complete any section of the development within eight months of the date provided for in the approved plan, or if at any time the municipality has cause to believe that the developer is not fulfilling his obligations pursuant to the approved plan, the municipality shall notify the developer, by certified mail, and the developer shall have 10 days within which to give evidence that he is fulfilling his obligations pursuant to the approved plan. The municipality thereafter shall conduct a hearing to determine whether or not the developer is in violation of the approved plan. If, after such a hearing, the municipality finds good cause to terminate the approval, it shall provide written notice of same to the developer and the approval shall be terminated 30 days thereafter. b. In the event that a developer who has general development plan approval does not apply for preliminary approval for the planned development which is the subject of that general development plan approval within five years of the date upon which the general development plan has been approved by the planning board, the municipality shall have cause to terminate the approval. L. 1987, c. 129, s. 9. 40:55D-45.8. Approval terminated upon completion In the event that a development which is the subject of an approved general development plan is completed before the end of the term of the approval, the approval shall terminate with the completion of the development. For the purposes of this section, a development shall be considered complete on the date upon which a certificate of occupancy has been issued for the final residential or nonresidential structure in the last section of the development in accordance with the timing schedule set forth in the approved general development plan and the developer has fulfilled all of his obligations pursuant to the approval. L. 1987, c. 129, s. 10. 40:55D-46. Procedure for preliminary site plan approval a. An ordinance requiring site plan review and approval shall require that the developer submit to the administrative officer a site plan and such other information as is reasonably necessary to make an informed decision as to whether the requirements necessary for preliminary site plan approval have been met. The site plan and any engineering documents to
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers be submitted shall be required in tentative form for discussion purposes for preliminary approval. If any architectural plans are required to be submitted for site plan approval, the preliminary plans and elevations shall be sufficient. b. If the planning board required any substantial amendment in the layout of improvements proposed by the developer that have been the subject of a hearing, an amended application for development shall be submitted and proceeded upon, as in the case of the original application for development. The planning board shall, if the proposed development complies with the ordinance and this act, grant preliminary site plan approval. c. Upon the submission to the administrative officer of a complete application for a site plan which involves 10 acres of land or less, and 10 dwelling units or less, the planning board shall grant or deny preliminary approval within 45 days of the date of such submission or within such further time as may be consented to by the developer. Upon the submission of a complete application for a site plan which involves more than 10 acres, or more than 10 dwelling units, the planning board shall grant or deny preliminary approval within 95 days of the date of such submission or within such further time as may be consented to by the developer. Otherwise, the planning board shall be deemed to have granted preliminary approval of the site plan. L.1975, c. 291, s. 34, eff. Aug. 1, 1976. Amended by L.1979, c. 216, s. 15; L.1984, c. 20, s. 8, eff. March 22, 1984. 40:55D-46.1. Minor site plan; approval 14. An ordinance requiring, pursuant to section 7.1 of P.L.1975, c.291 (C.40:55D-12), notice of hearings on applications for development for conventional site plans, may authorize the planning board to waive notice and public hearing for an application for development, if the planning board or site plan subcommittee of the board appointed by the chairman finds that the application for development conforms to the definition of "minor site plan." Minor site plan approval shall be deemed to be final approval of the site plan 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, 29.3 and 41 of P.L.1975, c.291 (C.40:55D-38, 40:55D-39, 40:55D-41 and 40:55D-53). a. Minor site plan 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 site plan approval. b. Whenever review or approval of the application by the county planning board is required by section 8 of P.L.1968, c.285 (C.40:27-6.6), 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. c. The zoning requirements and general terms and conditions, whether conditional or otherwise, upon which minor site plan approval was granted, shall not be changed for a period of
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers two years after the date of minor site plan approval. The planning board shall grant an extension of this period 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 approvals. A developer shall apply for this extension before: (1) what would otherwise be the expiration date, or (2) the 91st day after the date on which the developer receives the last of the legally required approvals from the other governmental entities, whichever occurs later. L.1979,c.216,s.14; amended 1991,c.256,s.8. 40:55D-47. Minor subdivision 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 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
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers 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. 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. L.1975,c.291,s.35; amended 1991,c.256,s.9. 40:55D-48. Procedure for preliminary major subdivision approval a. An ordinance requiring subdivision approval by the planning board shall require that the developer submit to the administrative officer a plat and such other information as is reasonably necessary to make an informed decision as to whether the requirements necessary for preliminary approval have been met; provided that minor subdivisions pursuant to section 35 of this act shall not be subject to this section. The plat and any other engineering documents to be submitted shall be required in tentative form for discussion purposes for preliminary approval. b. If the planning board required any substantial amendment in the layout of improvements proposed by the developer that have been the subject of a hearing, an amended application shall be submitted and proceeded upon, as in the case of the original application for development. The planning board shall, if the proposed subdivision complies with the ordinance and this act, grant preliminary approval to the subdivision.
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers c. Upon the submission to the administrative officer of a complete application for a subdivision of 10 or fewer lots, the planning board shall grant or deny preliminary approval within 45 days of the date of such submission or within such further time as may be consented to by the developer. Upon the submission of a complete application for a subdivision of more than 10 lots, the planning board shall grant or deny preliminary approval within 95 days of the date of such submission or within such further time as may be consented to by the developer. Otherwise, the planning board shall be deemed to have granted preliminary approval to the subdivision. L.1975, c. 291, s. 36, eff. Aug. 1, 1976. Amended by L.1979, c. 216, s. 16; L.1984, c. 20, s. 9, eff. March 22, 1984. 40:55D-48.1. Application by corporation or partnership; list of stockholders owning 10% of stock or 10% interest in partnership A corporation or partnership applying to a planning board or a board of adjustment or to the governing body of a municipality for permission to subdivide a parcel of land into six or more lots, or applying for a variance to construct a multiple dwelling of 25 or more family units or for approval of a site to be used for commercial purposes shall list the names and addresses of all stockholders or individual partners owning at least 10% of its stock of any class or at least 10% of the interest in the partnership, as the case may be. L.1977, c. 336, s. 1, eff. Jan. 24, 1978. 40:55D-48.2. Disclosure of 10% ownership interest of corporation or partnership which is 10% owner of applying corporation or partnership If a corporation or partnership owns 10% or more of the stock of a corporation, or 10% or greater interest in a partnership, subject to disclosure pursuant to section 1 of this act, that corporation or partnership shall list the names and addresses of its stockholders holding 10% or more of its stock or of 10% or greater interest in the partnership, as the case may be, and this requirement shall be followed by every corporate stockholder or partner in a partnership, until the names and addresses of the noncorporate stockholders and individual partners, exceeding the 10% ownership criterion established in this act, have been listed. L.1977, c. 336, s. 2, eff. Jan. 24, 1978. 40:55D-48.3. Failure to comply with act; disapproval of application No planning board, board of adjustment or municipal governing body shall approve the application of any corporation or partnership which does not comply with this act. L.1977, c. 336, s. 3, eff. Jan. 24, 1978. 40:55D-48.4. Concealing ownership interest; fine Any corporation or partnership which conceals the names of the stockholders owning 10% or more of its stock, or of the individual partners owning a 10% or greater interest in the partnership, as the case may be, shall be subject to a fine of $1,000.00 to $10,000.00 which shall be recovered in the name of the municipality in any court of record in the State in a summary
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers manner pursuant to "The Penalty Enforcement Law" (N.J.S. 2A:58-1 et seq.). L.1977, c. 336, s. 4, eff. Jan. 24, 1978. 40:55D-49. Effect of preliminary approval 37. Effect of preliminary approval. Preliminary approval of a major subdivision pursuant to section 36 of P.L.1975, c.291 (C.40:55D-48) or of a site plan pursuant to section 34 of P.L.1975, c.291 (C.40:55D-46) shall, except as provided in subsection d. of this section, confer upon the applicant the following rights for a three-year period from the date on which the resolution of preliminary approval is adopted: a. That the general terms and conditions on which preliminary approval was granted shall not be changed, including but not limited to use requirements; layout and design standards for streets, curbs and sidewalks; lot size; yard dimensions and off-tract improvements; and, in the case of a site plan, any requirements peculiar to site plan approval pursuant to section 29.3 of P.L.1975, c.291 (C.40:55D-41); except that nothing herein shall be construed to prevent the municipality from modifying by ordinance such general terms and conditions of preliminary approval as relate to public health and safety; b. That the applicant may submit for final approval on or before the expiration date of preliminary approval the whole or a section or sections of the preliminary subdivision plat or site plan, as the case may be; and c. That the applicant may apply for and the planning board may grant extensions on such preliminary approval for additional periods of at least one year but not to exceed a total extension of two years, provided that if the design standards have been revised by ordinance, such revised standards may govern. d. In the case of a subdivision of or site plan for an area of 50 acres or more, the planning board may grant the rights referred to in subsections a., b., and c. of this section for such period of time, longer than three years, as shall be determined by the planning board to be reasonable taking into consideration (1) the number of dwelling units and nonresidential floor area permissible under preliminary approval, (2) economic conditions, and (3) the comprehensiveness of the development. The applicant may apply for thereafter and the planning board may thereafter grant an extension to preliminary approval for such additional period of time as shall be determined by the planning board to be reasonable taking into consideration (1) the number of dwelling units and nonresidential floor area permissible under preliminary approval, and (2) the potential number of dwelling units and nonresidential floor area of the section or sections awaiting final approval, (3) economic conditions and (4) the comprehensiveness of the development; provided that if the design standards have been revised, such revised standards may govern. e. Whenever the planning board grants an extension of preliminary approval pursuant to subsection c. or d. of this section and preliminary approval has expired before the date on which the extension is granted, the extension shall begin on what would otherwise be the expiration date. The developer may apply for the extension either before or after what would otherwise be
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers the expiration date. f. The planning board shall grant an extension of preliminary 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 preliminary approval or (2) the 91st day after the developer receives the last legally required approval from other governmental entities, whichever occurs later. An extension granted pursuant to this subsection shall not preclude the planning board from granting an extension pursuant to subsection c. or d. of this section. L.1975,c.291,s.37; amended 1991,c.256,s.10. 40:55D-50. 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 the "Map Filing Law," P.L.1960, c. 141 (C. 46:23-9.9 et seq.); provided that in the case of a planned unit development, planned unit residential development or residential cluster, 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. L.1975, c. 291, s. 38, eff. Aug. 1, 1976.
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers 40:55D-51. Exception in application of subdivision or site plan regulation; simultaneous review and approval a. The planning board when acting upon applications for preliminary or minor subdivision approval shall have the power to grant such exceptions from the requirements for subdivision approval as may be reasonable and within the general purpose and intent of the provisions for subdivision review and approval of an ordinance adopted pursuant to this article, if the literal enforcement of one or more provisions of the ordinance is impracticable or will exact undue hardship because of peculiar conditions pertaining to the land in question. b. The planning board when acting upon applications for preliminary site plan approval shall have the power to grant such exceptions from the requirements for site plan approval as may be reasonable and within the general purpose and intent of the provisions for site plan review and approval of an ordinance adopted pursuant to this article, if the literal enforcement of one or more provisions of the ordinance is impracticable or will exact undue hardship because of peculiar conditions pertaining to the land in question. c. The planning board shall have the power to review and approve or deny conditional uses or site plans simultaneously with review for subdivision approval without the developer being required to make further application to the planning board, or the planning board being required to hold further hearings. The longest time period for action by the planning board, whether it be for subdivision, conditional use or site plan approval, shall apply. Whenever approval of a conditional use is requested by the developer pursuant to this subsection, notice of the hearing on the plat shall include reference to the request for such conditional use. L.1975, c. 291, s. 39, eff. Aug. 1, 1976. 40:55D-52. Effect of final approval of a site plan or major subdivision 40. Effect of final approval of a site plan or major subdivision. a. The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer pursuant to section 37 of P.L.1975, c.291 (C.40:55D-49), whether conditionally or otherwise, shall not be changed for a period of two years after the date on which the resolution of final approval is adopted; provided that in the case of a major subdivision the rights conferred by this section shall expire if the plat has not been duly recorded within the time period provided in section 42 of P.L.1975, c.291 (C.40:55D-54). If the developer has followed the standards prescribed for final approval, and, in the case of a subdivision, has duly recorded the plat as required in section 42 of P.L.1975, c.291 (C.40:55D-54), the planning board may extend such period of protection for extensions of one year but not to exceed three extensions. Notwithstanding any other provisions of this act, the granting of final approval terminates the time period of preliminary approval pursuant to section 37 of P.L.1975, c.291 (C.40:55D-49) for the section granted final approval. b. In the case of a subdivision or site plan for a planned development of 50 acres or more, conventional subdivision or site plan for 150 acres or more, or site plan for development of a nonresidential floor area of 200,000 square feet or more, the planning board may grant the rights referred to in subsection a. of this section for such period of time, longer than two years, as shall be determined by the planning board to be reasonable taking into consideration (1) the number of
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers dwelling units and nonresidential floor area permissible under final approval, (2) economic conditions and (3) the comprehensiveness of the development. The developer may apply for thereafter, and the planning board may thereafter grant, an extension of final approval for such additional period of time as shall be determined by the planning board to be reasonable taking into consideration (1) the number of dwelling units and nonresidential floor area permissible under final approval, (2) the number of dwelling units and nonresidential floor area remaining to be developed, (3) economic conditions and (4) the comprehensiveness of the development. c. Whenever the planning board grants an extension of final approval pursuant to subsection a. or b. of this section and final approval has expired before the date on which the extension is granted, the extension shall begin on what would otherwise be the expiration date. The developer may apply for the extension either before or after what would otherwise be the expiration date. d. The planning board shall grant an extension of final 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 these approvals. A developer shall apply for the extension before (1) what would otherwise be the expiration date of final approval or (2) the 91st day after the developer receives the last legally required approval from other governmental entities, whichever occurs later. An extension granted pursuant to this subsection shall not preclude the planning board from granting an extension pursuant to subsection a. or b. of this section. L.1975,c.291,s.40; amended 1985, c.93; 1991,c.256,s.11. 40:55D-53. Guarantees required; surety; release
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:
(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 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: 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.
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers
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.
(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 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 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 prepare, in accordance with the itemized cost estimate prepared by the municipal engineer 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. The request shall indicate which improvements have been completed and which improvements remain uncompleted in the judgment of the obligor. Thereupon the municipal engineer 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 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 shall identify each improvement determined to be complete
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers 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 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, 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 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. 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 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 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 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 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 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 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.
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers
(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.
h. The obligor shall reimburse the municipality for all reasonable inspection fees paid to the municipal engineer 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 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 for inspection, the developer shall make additional deposits of 25% of the inspection fees. The municipal engineer 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.
L.1975,c.291,s.41; amended 1979, c.216, s.17; 1991, c.256, s.12; 1991, c.301; 1991, c.311; 1997, c.126; 1999, c.68, s.3.
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers 40:55D-53a. Standardized form for performance guarantee, maintenance guarantee, letter of credit
1. The Department of Community Affairs shall adopt by regulation a standardized form for a performance guarantee, maintenance guarantee and letter of credit required by an approving authority pursuant to section 41 of P.L.1975, c.291 (C.40:55D-53).
L.1999,c.68,s.1. 40:55D-53b. Acceptance of standardized form
2. Notwithstanding any ordinance to the contrary, an approving authority shall accept the standardized form for a performance guarantee, maintenance guarantee or letter of credit adopted by regulation by the Department of Community Affairs pursuant to section 1 of P.L.1999, c.68 (C.40:55D-53a) as complying with the provisions of section 41 of P.L.1975, c.291 (C.40:55D-53).
L.1999,c.68,s.2. 40:55D-53.1. Interest on deposits with municipalities Whenever an amount of money in excess of $5,000.00 shall be deposited by an applicant with a municipality for professional services employed by the municipality to review applications for development, for municipal inspection fees in accordance with subsection h. of section 41 of P.L. 1975, c. 291 (C. 40:55D-53) or to satisfy the guarantee requirements of subsection a. of section 41 of P.L. 1975, c. 291 (C. 40:55D-53), the money, until repaid or applied to the purposes for which it is deposited, including the applicant's portion of the interest earned thereon, except as otherwise provided in this section, shall continue to be the property of the applicant and shall be held in trust by the municipality. Money deposited shall be held in escrow. The municipality receiving the money shall deposit it in a banking institution or savings and loan association in this State insured by an agency of the federal government, or in any other fund or depository approved for such deposits by the State, in an account bearing interest at the minimum rate currently paid by the institution or depository on time or savings deposits. The municipality shall notify the applicant in writing of the name and address of the institution or depository in which the deposit is made and the amount of the deposit. The municipality shall not be required to refund an amount of interest paid on a deposit which does not exceed $100.00 for the year. If the amount of interest exceeds $100.00, that entire amount shall belong to the applicant and shall be refunded to him by the municipality annually or at the time the deposit is repaid or applied to the purposes for which it was deposited, as the case may be; except that the municipality may retain for administrative expenses a sum equivalent to no more than 33 1/3% of that entire amount, which shall be in lieu of all other administrative and custodial expenses. The provisions of this act shall apply only to that interest earned and paid on a deposit after the effective date of this act. L. 1985, c. 315, s. 1, eff. Aug. 28, 1985.
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers 40:55D-53.2. Municipal payments to professionals for services rendered; determination 13. a. The chief financial officer of a municipality shall make all of the payments to professionals for services rendered to the municipality or approving authority for review of applications for development, review and preparation of documents, inspection of improvements or other purposes under the provisions of P.L.1975, c.291 (C.40:55D-1 et seq.). Such fees or charges shall be based upon a schedule established by resolution. The application review and inspection charges shall be limited only to professional charges for review of applications, review and preparation of documents and inspections of developments under construction and review by outside consultants when an application is of a nature beyond the scope of the expertise of the professionals normally utilized by the municipality. The only costs that shall be added to any such charges shall be actual out-of-pocket expenses of any such professionals or consultants including normal and typical expenses incurred in processing applications and inspecting improvements. The municipality or approving authority shall not bill the applicant, or charge any escrow account or deposit authorized under subsection b. of this section, for any municipal clerical or administrative functions, overhead expenses, meeting room charges, or any other municipal costs and expenses except as provided for in this section, nor shall a municipal professional add any such charges to his bill. If the salary, staff support and overhead for a municipal professional are provided by the municipality, the charge shall not exceed 200% of the sum of the products resulting from multiplying (1) the hourly base salary, which shall be established annually by ordinance, of each of the professionals by (2) the number of hours spent by the respective professional upon review of the application for development or inspection of the developer's improvements, as the case may be. For other professionals the charge shall be at the same rate as all other work of the same nature by the professional for the municipality when fees are not reimbursed or otherwise imposed on applicants or developers. b. If the municipality requires of the developer a deposit toward anticipated municipal expenses for these professional services, the deposit shall be placed in an escrow account pursuant to section 1 of P.L.1985, c.315 (C.40:55D-53.1). The amount of the deposit required shall be reasonable in regard to the scale and complexity of the development. The amount of the initial deposit required shall be established by ordinance. For review of applications for development proposing a subdivision, the amount of the deposit shall be calculated based on the number of proposed lots. For review of applications for development proposing a site plan, the amount of the deposit shall be based on one or more of the following: the area of the site to be developed, the square footage of buildings to be constructed, or an additional factor for circulation-intensive sites, such as those containing drive-through facilities. Deposits for inspection fees shall be established in accordance with subsection h. of section 41 of P.L.1975, c.291 (C.40:55D-53). c. Each payment charged to the deposit for review of applications, review and preparation of documents and inspection of improvements shall be pursuant to a voucher from the professional, which voucher shall identify the personnel performing the service, and for each date the services performed, the hours spent to one-quarter hour increments, the hourly rate and the expenses incurred. All professionals shall submit vouchers to the chief financial officer of the municipality on a monthly basis in accordance with schedules and procedures established by the chief financial officer of the municipality. If the services are provided by a municipal employee, the municipal employee shall prepare and submit to the chief financial officer of the municipality
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers a statement containing the same information as required on a voucher, on a monthly basis. The professional shall send an informational copy of all vouchers or statements submitted to the chief financial officer of the municipality simultaneously to the applicant. The chief financial officer of the municipality shall prepare and send to the applicant a statement which shall include an accounting of funds listing all deposits, interest earnings, disbursements, and the cumulative balance of the escrow account. This information shall be provided on a quarterly basis, if monthly charges are $1,000 or less, or on a monthly basis if monthly charges exceed $1,000. If an escrow account or deposit contains insufficient funds to enable the municipality or approving authority to perform required application reviews or improvement inspections, the chief financial officer of the municipality shall provide the applicant with a notice of the insufficient escrow or deposit balance. In order for work to continue on the development or the application, the applicant shall within a reasonable time period post a deposit to the account in an amount to be agreed upon by the municipality or approving authority and the applicant. In the interim, any required health and safety inspections shall be made and charged back against the replenishment of funds. d. The following close-out procedure shall apply to all deposits and escrow accounts established under the provisions of P.L.1975, c.291 (C.40:55D-1 et seq.) and shall commence after the approving authority has granted final approval and signed the subdivision plat or site plan, in the case of application review escrows and deposits, or after the improvements have been approved as provided in section 41 of P.L.1975, c.291 (C.40:55D-53), in the case of improvement inspection escrows and deposits. The applicant shall send written notice by certified mail to the chief financial officer of the municipality and the approving authority, and to the relevant municipal professional, that the application or the improvements, as the case may be, are completed. After receipt of such notice, the professional shall render a final bill to the chief financial officer of the municipality within 30 days, and shall send a copy simultaneously to the applicant. The chief financial officer of the municipality shall render a written final accounting to the applicant on the uses to which the deposit was put within 45 days of receipt of the final bill. Any balances remaining in the deposit or escrow account, including interest in accordance with section 1 of P.L.1985, c.315 (C.40:55D-53.1), shall be refunded to the developer along with the final accounting. e. All professional charges for review of an application for development, review and preparation of documents or inspection of improvements shall be reasonable and necessary, given the status and progress of the application or construction. Review fees shall be charged only in connection with an application for development presently pending before the approving authority or upon review of compliance with conditions of approval, or review of requests for modification or amendment made by the applicant. A professional shall not review items which are subject to approval by any State governmental agency and not under municipal jurisdiction except to the extent consultation with a State agency is necessary due to the effect of State approvals in the subdivision or site plan. Inspection fees shall be charged only for actual work shown on a subdivision or site plan or required by an approving resolution. Professionals inspecting improvements under construction shall charge only for inspections that are reasonably necessary to check the progress and quality of the work and such inspections shall be reasonably based on the approved development plans and documents. f. If the municipality retains a different professional or consultant in the place of the
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers professional originally responsible for development, application review, or inspection of improvements, the municipality or approving authority shall be responsible for all time and expenses of the new professional to become familiar with the application or the project, and the municipality or approving authority shall not bill the applicant or charge the deposit or the escrow account for any such services. L.1991,c.256,s.13; amended 1995,c.54,s.1. 40:55D-53.2a. Applicant notification to dispute charges; appeals; rules, regulations 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 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
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers 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. L.1995,c.54,s.3. 40:55D-53.3. Maintenance, performance guarantees 14. A municipality shall not require that a maintenance guarantee required pursuant to section 41 of P.L.1975, c.291 (C.40:55D-53) be in cash or that more than 10% of a performance guarantee pursuant to that section be in cash. A developer may, however, provide at his option some or all of a maintenance guarantee in cash, or more than 10% of a performance guarantee in cash. L.1991,c.256,s.14. 40:55D-53.4. Municipal engineer to estimate cost of installation of improvements 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 based on documented construction costs for public improvements prevailing in the general area of the municipality. The developer may appeal the municipal engineer's estimate to the county construction board of appeals established under section 9 of P.L.1975, c.217 (C.52:27D-127). L.1991,c.256,s.15; amended 1995,c.54,s.2.
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers 40:55D-53.5. Performance of maintenance guarantee, acceptance 16. The approving authority shall, for the purposes of section 41 of P.L.1975, c.291 (C.40:55D-53), accept a performance guarantee or maintenance guarantee which is an irrevocable letter of credit if it: a. Constitutes an unconditional payment obligation of the issuer running solely to the municipality for an express initial period of time in the amount determined pursuant to section 41 of P.L.1975, c.291 (C.40:55D-53); b. Is issued by a banking or savings institution authorized to do and doing business in this State; c. Is for a period of time of at least one year; and d. Permits the municipality to draw upon the letter of credit if the obligor fails to furnish another letter of credit which complies with the provisions of this section 30 days or more in advance of the expiration date of the letter of credit or such longer period in advance thereof as is stated in the letter of credit. L.1991,c.256,s.16. 40:55D-53.6. Municipality to assume payment of cost of street lighting 17. If an approving authority includes as a condition of approval of an application for development pursuant to P.L.1975, c.291 (C.40:55D-1 et seq.) the installation of street lighting on a dedicated public street connected to a public utility, then upon notification in writing by the developer to the approving authority and governing body of the municipality that (1) the street lighting on a dedicated public street has been installed and accepted for service by the public utility and (2) that certificates of occupancy have been issued for at least 50% of the dwelling units and 50% of the floor area of the nonresidential uses on the dedicated public street or portion thereof indicated by section pursuant to section 29 of P.L.1975, c.291 (C.40:55D-38), the municipality shall, within 30 days following receipt of the notification, make appropriate arrangements with the public utility for, and assume the payment of, the costs of the street lighting on the dedicated public street on a continuing basis. Compliance by the municipality with the provisions of this section shall not be deemed to constitute acceptance of the street by the municipality. L.1991,c.256,s.17. 40:55D-54. Recording of final approval of major subdivision; filing of all subdivision plats 42. Recording of final approval of major subdivision; filing of all subdivision plats. a. Final approval of a major subdivision shall expire 95 days from the date of signing of the plat unless within such period the plat shall have been duly filed by the developer with the county recording officer. The planning board may for good cause shown extend the period for recording for an additional period not to exceed 190 days from the date of signing of the plat. The planning board may extend the 95-day or 190-day period if the developer proves to the reasonable satisfaction of
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers 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 an extension either before or after the original expiration date. b. No subdivision plat shall be accepted for filing by the county recording officer until it has been approved by the planning board as indicated on the instrument by the signature of the chairman and secretary of the planning board or a certificate has been issued pursuant to sections 35, 38, 44, 48, 54 or 63 of P.L.1975, c.291 (C.40:55D-47, 40:55D-50, 40:55D-56, 40:55D-61, 40:55D-67, 40:55D-76). The signatures of the chairman and secretary of the planning board shall not be affixed until the developer has posted the guarantees required pursuant to section 41 of P.L.1975, c.291 (C.40:55D-53). If the county recording officer records any plat without such approval, such recording shall be deemed null and void, and upon request of the municipality, the plat shall be expunged from the official records. c. It shall be the duty of the county recording officer to notify the planning board in writing within seven days of the filing of any plat, identifying such instrument by its title, date of filing, and official number. L.1975,c.291,s.42; amended 1991,c.256,s.18. 40:55D-54.1. Notification to tax assessor of municipality Upon the filing of a plat showing the subdivision or resubdivision of land, the county recording officer shall, at the same time that notification is given to the planning board of the municipality pursuant to section 42 of the act to which this act is a supplement, send a copy of such notification to the tax assessor of the municipality in which such land is situated of the filing of said plat. L.1977, c. 174, s. 1, eff. Aug. 16, 1977. 40:55D-55. Selling before approval; penalty; suits by municipalities If, before final subdivision approval has been granted, any person transfers or sells or agrees to transfer or sell, except pursuant to an agreement expressly conditioned on final subdivision approval, as owner or agent, any land which forms a part of a subdivision for which municipal approval is required by ordinance pursuant to this act, such person shall be subject to a penalty not to exceed $1,000.00, and each lot disposition so made may be deemed a separate violation. In addition to the foregoing, the municipality may institute and maintain a civil action: a. For injunctive relief; and b. To set aside and invalidate any conveyance made pursuant to such a contract of sale if a certificate of compliance has not been issued in accordance with section 44 of this act, but only if the municipality (1) has a planning board and (2) has adopted by ordinance standards and
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers procedures in accordance with section 29 of this act. In any such action, the transferee, purchaser or grantee shall be entitled to a lien upon the portion of the land, from which the subdivision was made that remains in the possession of the developer or his assigns or successors, to secure the return of any deposits made or purchase price paid, and also, a reasonable search fee, survey expense and title closing expense, if any. Any such action must be brought within 2 years after the date of the recording of the instrument of transfer, sale or conveyance of said land or within 6 years, if unrecorded. L.1975, c. 291, s. 43, eff. Aug. 1, 1976. 40:55D-56. Certificates showing approval; contents The prospective purchaser, prospective mortgagee, or any other person interested in any land which forms part of a subdivision, or which formed part of such a subdivision 3 years preceding the effective date of this act, may apply in writing to the administrative officer of the municipality, for the issuance of a certificate certifying whether or not such subdivision has been approved by the planning board. Such application shall contain a diagram showing the location and dimension of the land to be covered by the certificate and the name of the owner thereof. The administrative officer shall make and issue such certificate within 15 days after the receipt of such written application and the fees therefor. Said officer shall keep a duplicate copy of each certificate, consecutively numbered, including a statement of the fee charged, in a binder as a permanent record of his office. Each such certificate shall be designated a "certificate as to approval of subdivision of land," and shall certify: a. Whether there exists in said municipality a duly established planning board and whether there is an ordinance controlling subdivision of land adopted under the authority of this act. b. Whether the subdivision, as it relates to the land shown in said application, has been approved by the planning board, and, if so, the date of such approval and any extensions and terms thereof, showing that subdivision of which the lands are a part is a validly existing subdivision. c. Whether such subdivision, if the same has not been approved, is statutorily exempt from the requirement of approval as provided in this act. The administrative officer shall be entitled to demand and receive for such certificate issued by him a reasonable fee not in excess of those provided in R.S. 54:5-14 and 54:5-15. The fees so collected by such official shall be paid by him to the municipality. L.1975, c. 291, s. 44, eff. Aug. 1, 1976. Amended by L.1979, c. 216, s. 18.
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers 40:55D-57. Right of owner of land covered by certificate Any person who shall acquire for a valuable consideration an interest in the lands covered by any such certificate of approval of a subdivision in reliance upon the information therein contained shall hold such interest free of any right, remedy or action which could be prosecuted or maintained by the municipality pursuant to the provisions of section 43 of this act. If the administrative officer designated to issue any such certificate fails to issue the same within 15 days after receipt of an application and the fees therefor, any person acquiring an interest in the lands described in such application shall hold such interest free of any right, remedy or action which could be prosecuted or maintained by the municipality pursuant to section 43 of this act. Any such application addressed to the clerk of the municipality shall be deemed to be addressed to the proper designated officer and the municipality shall be bound thereby to the same extent as though the same was addressed to the designated official. L.1975, c. 291, s. 45, eff. Aug. 1, 1976. 40:55D-58. Condominiums and cooperative structures and uses This act and all development regulations pursuant thereto shall be construed and applied with reference to the nature and use of a condominium or cooperative structures or uses without regard to the form of ownership. No development regulation shall establish any requirement concerning the use, location, placement or construction of buildings or other improvements for condominiums or cooperative structures or uses unless such requirement shall be equally applicable to all buildings and improvements of the same kind not then or thereafter under the condominium or cooperative corporate form of ownership. No approval pursuant to this act shall be required as a condition precedent to the recording of a condominium master deed or the sale of any unit therein unless such approval shall also be required for the use or development of the lands described in the master deed in the same manner had such lands not been under the condominium form of ownership. L.1975, c. 291, s. 46, eff. Aug. 1, 1976. 40:55D-60. Planning board review in lieu of board of adjustment Whenever the proposed development requires approval pursuant to this act of a subdivision, site plan or conditional use, but not a variance pursuant to subsection d. of section 57 of this act (C. 40:55D-70), the planning board shall have the power to grant to the same extent and subject to the same restrictions as the board of adjustment: a. Variances pursuant to subsection 57 c. of this act; b. Direction pursuant to section 25 of this act for issuance of a permit for a building or structure in the bed of a mapped street or public drainage way, flood control basin or public area reserved pursuant to section 23 of this act; and c. Direction pursuant to section 27 of this act for issuance of a permit for a building or
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers structure not related to a street. Whenever relief is requested pursuant to this section, notice of the hearing on the application for development shall include reference to the request for a variance or direction for issuance of a permit, as the case may be. The developer may elect to submit a separate application requesting approval of the variance or direction of the issuance of a permit and a subsequent application for any required approval of a subdivision, site plan or conditional use. The separate approval of the variance or direction of the issuance of a permit shall be conditioned upon grant of all required subsequent approvals by the planning board. No such subsequent approval shall be granted unless the approval can be granted without substantial detriment to the public good and without substantial impairment of the intent and purpose of the zone plan and zoning ordinance. L.1975, c. 291, s. 47, eff. Aug. 1, 1976. Amended by L.1979, c. 216, s. 19; L.1984, c. 20, s. 10, eff. March 22, 1984. 40:55D-61. Time periods Whenever an application for approval of a subdivision plat, site plan or conditional use includes a request for relief pursuant to section 47 of this act, the planning board shall grant or deny approval of the application within 120 days after submission by a developer of a complete application to the administrative officer or within such further time as may be consented to by the applicant. In the event that the developer elects to submit separate consecutive applications, the aforesaid provision shall apply to the application for approval of the variance or direction for issuance of a permit. The period for granting or denying and subsequent approval shall be as otherwise provided in this act. Failure of the planning board to act within the period prescribed shall constitute approval of the application 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. L.1975, c. 291, s. 48, eff. Aug. 1, 1976. Amended by L.1979, c. 216, s. 20; L.1984, c. 20, s. 11, eff. March 22, 1984. 40:55D-62. Power to zone 49. Power to zone. a. The governing body may adopt or amend a zoning ordinance relating to the nature and extent of the uses of land and of buildings and structures thereon. Such ordinance shall be adopted after the planning board has adopted the land use plan element and the housing plan element of a master plan, and all of the provisions of such zoning ordinance or any
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers amendment or revision thereto shall either be substantially consistent with the land use plan element and the housing plan element of the master plan or designed to effectuate such plan elements; provided that the governing body may adopt a zoning ordinance or amendment or revision thereto which in whole or part is inconsistent with or not designed to effectuate the land use plan element and the housing plan element, but only by affirmative vote of a majority of the full authorized membership of the governing body, with the reasons of the governing body for so acting set forth in a resolution and recorded in its minutes when adopting such a zoning ordinance; and provided further that, notwithstanding anything aforesaid, the governing body may adopt an interim zoning ordinance pursuant to subsection b. of section 77 of P.L.1975, c.291 (C.40:55D-90). The zoning ordinance shall be drawn with reasonable consideration to the character of each district and its peculiar suitability for particular uses and to encourage the most appropriate use of land. The regulations in the zoning ordinance shall be uniform throughout each district for each class or kind of buildings or other structure or uses of land, including planned unit development, planned unit residential development and residential cluster, but the regulations in one district may differ from those in other districts. b. No zoning ordinance and no amendment or revision to any zoning ordinance shall be submitted to or adopted by initiative or referendum. c. The zoning ordinance shall provide for the regulation of any airport safety zones delineated under the "Air Safety and Zoning Act of 1983," P.L.1983, c.260 (C.6:1-80 et seq.), in conformity with standards promulgated by the Commissioner of Transportation. d. The zoning ordinance shall provide for the regulation of land adjacent to State highways in conformity with the State highway access management code adopted by the Commissioner of Transportation under section 3 of the "State Highway Access Management Act," P.L.1989, c.32 (C.27:7-91), for the regulation of land with access to county roads and highways in conformity with any access management code adopted by the county under R.S.27:16-1 and for the regulation of land with access to municipal streets and highways in conformity with any municipal access management code adopted under R.S.40:67-1. This subsection shall not be construed as requiring a zoning ordinance to establish minimum lot sizes or minimum frontage requirements for lots adjacent to but restricted from access to a State highway. L.1975,c.291,s.49; amended 1983,c.260,s.12; 1985,c.222,s.30; 1985,c.516,s.13; 1989,c.32,s.25; 1991,c.445,s.9. 40:55D-62.1. Notice of hearing on amendment to zoning ordinance
2. Notice of a hearing on an amendment to the zoning ordinance proposing a change to the classification or boundaries of a zoning district, exclusive of classification or boundary changes recommended in a periodic general reexamination of the master plan by the planning board pursuant to section 76 of P.L.1975, c.291 (C.40:55D-89), shall be given at least 10 days prior to the hearing by the municipal clerk to the owners of all real property as shown on the current tax duplicates, located, in the case of a classification change, within the district and within the State within 200 feet in all directions of the boundaries of the district, and located, in
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers the case of a boundary change, in the State within 200 feet in all directions of the proposed new boundaries of the district which is the subject of the hearing.
A notice pursuant to this section shall state the date, time and place of the hearing, the nature of the matter to be considered and an identification of the affected zoning districts and proposed boundary changes, if any, by street names, common names or other identifiable landmarks, and by reference to lot and block numbers as shown on the current tax duplicate in the municipal tax assessor's office.
Notice shall be given by: (1) serving a copy thereof on the property owner as shown on the said current tax duplicate, or his agent in charge of the property, or (2) mailing a copy thereof by certified mail and regular mail to the property owner at his address as shown on the said current tax duplicate.
Notice to a partnership owner may be made by service upon any partner. Notice to a corporate owner may be made by service upon its president, a vice president, secretary or other person authorized by appointment or by law to accept service on behalf of the corporation. Notice to a condominium association, horizontal property regime, community trust or homeowners' association, because of its ownership of common elements or areas located within 200 feet of the boundaries of the district which is the subject of the hearing, may be made in the same manner as to a corporation, in addition to notice to unit owners, co-owners, or homeowners on account of such common elements or areas.
The municipal clerk shall execute affidavits of proof of service of the notices required by this section, and shall keep the affidavits on file along with the proof of publication of the notice of the required public hearing on the proposed zoning ordinance change. Costs of the notice provision shall be the responsibility of the proponent of the amendment.
L.1995,c.249,s.2. 40:55D-63. Notice and protest
50. Notice and Protest. Notice of the hearing on an amendment to the zoning ordinance proposing a change to the classification or boundaries of a zoning district, exclusive of classification or boundary changes recommended in a periodic general reexamination of the master plan by the planning board pursuant to section 76 of P.L.1975, c.291 (C.40:55D-89), shall be given prior to adoption in accordance with the provisions of section 2 of P.L.1995, c.249 (C.40:55D-62.1). A protest against any proposed amendment or revision of a zoning ordinance may be filed with the municipal clerk, signed by the owners of 20% or more of the area either (1) of the lots or land included in such proposed change, or (2) of the lots or land extending 200 feet in all directions therefrom inclusive of street space, whether within or without the municipality. Such amendment or revision shall not become effective following the filing of such protest except by the favorable vote of two-thirds of all the members of the governing body of the municipality.
L.1975,c.291,s.50; amended 1991,c.256,s.19; 1995,c.249,s.1.
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers 40:55D-64. Referral to planning board Prior to the hearing on adoption of a zoning ordinance, or any amendments thereto, the governing body shall refer any such proposed ordinance or amendment thereto to the planning board pursuant to subsection 17a. of this act. L.1975, c. 291, s. 51, eff. Aug. 1, 1976. 40:55D-65 Contents of zoning ordinance.
52. A zoning ordinance may:
a. Limit and restrict buildings and structures to specified districts and regulate buildings and structures according to their type and the nature and extent of their use, and regulate the nature and extent of the use of land for trade, industry, residence, open space or other purposes.
b. Regulate the bulk, height, number of stories, orientation, and size of buildings and the other structures; the percentage of lot or development area that may be occupied by structures; lot sizes and dimensions; and for these purposes may specify floor area ratios and other ratios and regulatory techniques governing the intensity of land use and the provision of adequate light and air, including, but not limited to the potential for utilization of renewable energy sources.
c. Provide districts for planned developments; provided that an ordinance providing for approval of subdivisions and site plans by the planning board has been adopted and incorporates therein the provisions for such planned developments in a manner consistent with article 6 of P.L.1975, c.291 (C.40:55D-37 et seq.). The zoning ordinance shall establish standards governing the type and density, or intensity of land use, in a planned development. Said standards shall take into account that the density, or intensity of land use, otherwise allowable may not be appropriate for a planned development. The standards may vary the type and density, or intensity of land use, otherwise applicable to the land within a planned development in consideration of the amount, location and proposed use of open space; the location and physical characteristics of the site of the proposed planned development; and the location, design and type of dwelling units and other uses. Such standards may provide for the clustering of development between noncontiguous parcels and may, in order to encourage the flexibility of density, intensity of land uses, design and type, authorize a deviation in various clusters from the density, or intensity of use, established for an entire planned development. The standards and criteria by which the design, bulk and location of buildings are to be evaluated shall be set forth in the zoning ordinance and all standards and criteria for any feature of a planned development shall be set forth in such ordinance with sufficient certainty to provide reasonable criteria by which specific proposals for planned development can be evaluated.
d. Establish, for particular uses or classes of uses, reasonable standards of performance and standards for the provision of adequate physical improvements including, but not limited to, off-street parking and loading areas, marginal access roads and roadways, other circulation facilities and water, sewerage and drainage facilities; provided that section 41 of P.L.1975, c.291 (C.40:55D-53) shall apply to such improvements.
e. Designate and regulate areas subject to flooding (1) pursuant to P.L.1972, c.185
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers (C.58:16A-55 et seq.) or (2) as otherwise necessary in the absence of appropriate flood hazard area designations pursuant to P.L.1962, c.19 (C.58:16A-50 et seq.) or floodway regulations pursuant to P.L.1972, c.185 or minimum standards for local flood fringe area regulation pursuant to P.L.1972, c.185.
f. Provide for conditional uses pursuant to section 54 of P.L.1975, c.291 (C.40:55D-67).
g. Provide for senior citizen community housing.
h. Require as a condition for any approval which is required pursuant to such ordinance and the provisions of this chapter, that no taxes or assessments for local improvements are due or delinquent on the property for which any application is made.
i. Provide for historic preservation pursuant to section 5 of P.L.1991, c.199 (C.40:55D-65.1).
j. Provide for sending and receiving zones for a development transfer program established pursuant to P.L.2004, c.2 (C.40:55D-137 et al.).
L.1975,c.291,s.52; amended 1979, c.216, s.21; 1980, c.146, s.5; 1985, c.516, s.14; 1991, c.199, s.4; 1995, c.364, s.2; 2004, c.2, s.39. 40:55D-65.1. Zoning ordinance may designate, regulate historic sites, districts 5. A zoning ordinance may designate and regulate historic sites or historic districts and provide design criteria and guidelines therefor. Designation and regulation pursuant to this section shall be in addition to such designation and regulation as the zoning ordinance may otherwise require. Except as provided hereunder, after July 1, 1994, all historic sites and historic districts designated in the zoning ordinance shall be based on identifications in the historic preservation plan element of the master plan. Until July 1, 1994, any such designation may be based on identifications in the historic preservation plan element, the land use plan element or community facilities plan element of the master plan. The governing body may, at any time, adopt, by affirmative vote of a majority of its authorized membership, a zoning ordinance designating one or more historic sites or historic districts that are not based on identifications in the historic preservation plan element, the land use plan element or community facilities plan element, provided the reasons for the action of the governing body are set forth in a resolution and recorded in the minutes of the governing body. L.1991,c.199,c.5. 40:55D-66. Miscellaneous provisions; model homes; public and private day schools; placement of foster children in single family dwellings a. For purposes of this act, model homes or sales offices within a subdivision and only during the period necessary for the sale of new homes within such subdivision shall not be considered a business use. b. No zoning ordinance governing the use of land by or for schools shall, by any of its
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers provisions or by any regulation adopted in accordance therewith, discriminate between public and private nonprofit day schools of elementary or high school grade accredited by the State Department of Education. c. No zoning ordinance shall, by any of its provisions or by any regulation adopted in accordance therewith, discriminate between children who are members of families by reason of their relationship by blood, marriage or adoption, and foster children placed with such families in a dwelling by the Division of Youth and Family Services in the Department of Institutions and Agencies or a duly incorporated child care agency and children placed pursuant to law in single family dwellings known as group homes. As used in this section, the term "group home" means and includes any single family dwelling used in the placement of children pursuant to law recognized as a group home by the Department of Institutions and Agencies in accordance with rules and regulations adopted by the Commissioner of Institutions and Agencies provided, however, that no group home shall contain more than 12 children. L.1975, c. 291, s. 53, eff. Aug. 1, 1976. 40:55D-66.1 Community residences, shelters, adult family care homes; permitted use in residential districts.
1. Community residences for the developmentally disabled, community shelters for victims of domestic violence, community residences for the terminally ill, community residences for persons with head injuries, and adult family care homes for elderly persons and physically disabled adults shall be a permitted use in all residential districts of a municipality, and the requirements therefor shall be the same as for single family dwelling units located within such districts.
L.1978,c.159,s.1; amended 1979, c.338, s.2; 1993, c.329, s.7; 1997, c.321, s.1; 2001, c.304, s.11. 40:55D-66.2. Definitions
2. As used in this act:
a. "Community residence for the developmentally disabled" means any community residential facility licensed pursuant to P.L.1977, c.448 (C.30:11B-1 et seq.) providing food, shelter and personal guidance, under such supervision as required, to not more than 15 developmentally disabled or mentally ill persons, who require assistance, temporarily or permanently, in order to live in the community, and shall include, but not be limited to: group homes, halfway houses, intermediate care facilities, supervised apartment living arrangements, and hostels. Such a residence shall not be considered a health care facility within the meaning of the "Health Care Facilities Planning Act," P.L.1971, c.136 (C.26:2H-1 et al.). In the case of such a community residence housing mentally ill persons, such residence shall have been approved for a purchase of service contract or an affiliation agreement pursuant to such procedures as shall be established by regulation of the Division of Mental Health and Hospitals of the Department of Human Services. As used in this act, "developmentally disabled person" means a person who is developmentally disabled as defined in section 2 of P.L.1977, c.448 (C.30:11B-2), and "mentally ill person" means a person who is afflicted with a mental illness as defined in R.S.30:4-23, but
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers shall not include a person who has been committed after having been found not guilty of a criminal offense by reason of insanity or having been found unfit to be tried on a criminal charge. b. "Community shelter for victims of domestic violence" means any shelter approved for a purchase of service contract and certified pursuant to standards and procedures established by regulation of the Department of Human Services pursuant to P.L.1979, c.337 (C.30:14-1 et seq.), providing food, shelter, medical care, legal assistance, personal guidance, and other services to not more than 15 persons who have been victims of domestic violence, including any children of such victims, who temporarily require shelter and assistance in order to protect their physical or psychological welfare.
c. "Community residence for persons with head injuries" means a community residential facility licensed pursuant to P.L.1977, c.448 (C.30:11B-1 et seq.) providing food, shelter and personal guidance, under such supervision as required, to not more than 15 persons with head injuries, who require assistance, temporarily or permanently, in order to live in the community, and shall include, but not be limited to: group homes, halfway houses, supervised apartment living arrangements, and hostels. Such a residence shall not be considered a health care facility within the meaning of the "Health Care Facilities Planning Act," P.L.1971, c.136 (C.26:2H-1 et al.).
d. "Person with head injury" means a person who has sustained an injury, illness or traumatic changes to the skull, the brain contents or its coverings which results in a temporary or permanent physiobiological decrease of mental, cognitive, behavioral, social or physical functioning which causes partial or total disability.
e. "Community residence for the terminally ill" means any community residential facility operated as a hospice program providing food, shelter, personal guidance and health care services, under such supervision as required, to not more than 15 terminally ill persons.
L.1978,c.159,s.2; amended 1979, c.338, s.3; 1993, c.329, s.8; 1997, c.321, s.2. 40:55D-66.3. Severability If any provision of this act or the application thereof to any person or circumstance is found unconstitutional, the remainder of this act and the application of such provisions to other persons or circumstances shall not be affected thereby, and to this end the provisions of this act are severable. L.1978, c. 159, s. 3, eff. Dec. 7, 1978. 40:55D-66.5a. Findings, declarations 1. The Legislature finds and declares that: a. With over 50 percent of working-age women now in the workforce, the need for high quality child care is of vital importance;
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers b. Not only does the availability of child care allow parents the peace of mind to pursue their careers and lead active, productive, professional lives, but it is also a necessity given the high cost of living in this State and the ever increasing need for families to bring home two incomes just to get by; c. A significant number of people in this State, recognizing the tremendous need for quality child care, and who, in some cases, are already staying home caring for their own children, are providing child care services for a few additional children, thereby augmenting the supply of child care and providing a vital service that might otherwise not be available elsewhere; and d. Given the paucity of decent, affordable child care combined with the current labor shortage in this State, it seems unreasonable to erect zoning barriers which effectively prevent the establishment of or, in some cases, continuation of, these valuable and vitally necessary family day care homes. e. It is therefore in the public interest and a valid public policy for this Legislature to eliminate those barriers which currently exist which prevent the establishment, or continued operation of, family day care homes in residential neighborhoods. L.1991,c.278,s.1. 40:55D-66.5b. Family day care homes permitted use in residential districts; definitions 2. a. Family day care homes shall be a permitted use in all residential districts of a municipality. The requirements for family day care homes shall be the same as for single-family dwelling units located within such residential districts. Any deed restriction that would prohibit the use of a single family dwelling unit as a family day care home shall not be enforceable unless that restriction is necessary for the preservation of the health, safety, and welfare of the other residents in the neighborhood. The burden of proof shall be on the party seeking to enforce the deed restriction to demonstrate, on a case-by-case basis, that the restriction is necessary for the preservation of the health, safety and welfare of the residents in the neighborhood who were meant to benefit from the restriction. b. In condominiums, cooperatives and horizontal property regimes that represent themselves as being primarily for retirees or elderly persons, or which impose a minimum age limit tending to attract persons who are nearing retirement age, deed restrictions or bylaws may prohibit family day care homes from being a permitted use. c. In condominiums, cooperatives and horizontal property regimes other than those permitted to prohibit family day care homes from being a permitted use under subsection b. of this section, deed restrictions or bylaws may prohibit family day care homes from being a permitted use; however, if such condominiums, cooperatives, or horizontal property regimes prohibit such use, the burden of proof shall be on the condominium association, cooperative association, or council of co-owners to demonstrate, on a case-by-case basis, that the prohibition is reasonably related to the health, safety, and welfare of the residents. The burden of proof also shall be on the condominium association, cooperative association, or council of co-owners to demonstrate, on a case-by-case basis, that any other restrictions imposed upon a family day care home, including
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers but not limited to noise restrictions and restrictions on the use of interior common areas, are reasonably related to the health, safety and welfare of the residents. d. For the purposes of this act: "Family day care home" means the private residence of a family day care provider which is registered as a family day care home pursuant to the "Family Day Care Provider Registration Act," P.L.1987, c.27 (C.30:5B-16 et seq.); "Applicant" means a person who applies for a certificate of registration pursuant to the "Family Day Care Provider Registration Act," P.L.1987, c.27 (C.30:5B-16 et seq.); "Commissioner" means the Commissioner of Human Services; "Condominium" means a condominium formed under the "Condominium Act," P.L.1969, c.257 (C.46:8B-1 et seq.); "Cooperative" means a cooperative as defined under "The Cooperative Recording Act of New Jersey," P.L.1987, c.381 (C.46:8D-1 et seq.); and "Horizontal property regime" means a horizontal property regime formed under the "Horizontal Property Act," P.L.1963, c.168 (C.46:8A-1 et seq.). L.1991,c.278,s.2; amended 1992,c.13,s.1. 40:55D-66.6. Child care centers located in nonresidential municipal districts; permitted Child care centers for which, upon completion, a license is required from the Department of Human Services pursuant to P.L.1983, c.492 (C.30:5B-1 et seq.), shall be a permitted use in all nonresidential districts of a municipality. The floor area occupied in any building or structure as a child care center shall be excluded in calculating: (1) any parking requirement otherwise applicable to that number of units or amount of floor space, as appropriate, under State or local laws or regulations adopted thereunder; and (2) the permitted density allowable for that building or structure under any applicable municipal zoning ordinance. L.1989, c.286, s.1. 40:55D-66.7. Child care center excluded in calculation of density of building 1. In considering an application for development approval for a nonresidential development that is to include a child care center that is located on the business premises, is owned or operated by employers or landlords for the benefit of their employees, their tenants' employees, or employees in the area surrounding the development, and is required to be licensed by the Department of Human Services pursuant to P.L.1983, c.492 (C.30:5B-1 et seq.), an approving authority may exclude the floor area to be occupied in any building or structure by the child care center in calculating the density of that building or structure for the purposes of determining whether or not the density is allowable under any applicable municipal zoning ordinance. L.1992,c.81.
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers 40:55D-66.7a. Child care programs, exemption from local zoning restrictions
2. Any child care program approved by a local board of education and operated by the board or by an approved sponsor in a public school, before or after regular school hours, pursuant to N.J.S.18A:20-34, shall be deemed a permitted use in all residential and nonresidential districts of a municipality and shall be exempt from local zoning restrictions. 18A:20-34.1. Rules, regulations relative to child care services, programs L.1999,c.83, s.2. 40:55D-66.8. Siting of structure, equipment for groundwater remedial action 3. a. The siting of a structure or equipment required for a groundwater remedial action approved by the Department of Environmental Protection pursuant to P.L.1977, c.74 (C.58:10A-1 et seq.), shall be deemed to be essential to the continuation of an existing structure or use of a property, including a nonconforming use, or to the development of a property, as authorized in the zoning ordinance of a municipality. A groundwater remedial action subject to this section, including any structure or equipment required in connection therewith, shall, therefore, be deemed to be an accessory use or structure to any structure or use authorized by the development regulations of a municipality; shall be a permitted use in all zoning or use districts of a municipality; and shall not require a use variance pursuant to subsection d. of section 57 of P.L.1975, c.291 (C.40:55D-70). b. A municipality may, by ordinance, adopt reasonable standards for the siting of a structure or equipment required for a groundwater remedial action subject to subsection a. of this section. The standards may include specification of the duration of time allowed for the removal from a site of all structures or equipment used in the remedial action upon expiration of the term of the discharge permit or completion of the remedial action, whichever shall be sooner. Nothing in this subsection shall be deemed to authorize a municipality to require site plan review by a municipal agency for a groundwater remedial action, but an ordinance establishing siting standards may provide penalties and may authorize the municipality to seek injunctive relief for violations of the ordinance. As used in this section, "groundwater remedial action" means the removal or abatement of pollutants in groundwater, and includes de-watering activities performed in connection with the removal or replacement of underground storage tanks, as defined in section 2 of P.L.1986, c.102 (C.58:10A-22), except that as used herein underground storage tanks shall include: (1) farm underground storage tanks of 1,100 gallons or less capacity used for storing motor fuel for noncommercial purposes; (2) underground storage tanks used to store heating oil for on-site consumption in a nonresidential building with a capacity of 2,000 gallons or less; and (3) underground storage tanks used to store heating oil for on-site consumption in a residential building. L.1993,c.351,s.3.
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers 40:55D-66.9. Variance for remedial action 4. If, for any of the reasons set forth in subsection c. of section 57 of P.L.1975, c.291 (C.40:55D-70), a variance is required under that subsection c. for the siting of a structure or equipment to be used in a groundwater remedial action subject to section 3 of P.L.1993, c.351 (C.40:55D-66.8), a variance for the remedial action shall be deemed necessary to avoid exceptional and undue hardship on an owner, lessee or developer of a property for which a variance application is made; however, a zoning ordinance may authorize the zoning board of adjustment or planning board, as appropriate, to establish reasonable terms and conditions for issuance of a subsection c. variance. The zoning board of adjustment or planning board, as appropriate, shall review and take final action on an application for a subsection c. variance for a groundwater corrective action at the next meeting of the zoning board of adjustment or planning board, as appropriate, occurring not less than 20 days following the filing of an application therefor, unless the zoning board of adjustment or planning board, as appropriate, determines that the application lacks information indicated on a checklist adopted by ordinance and made available to the applicant, and the applicant has been notified, in writing, of the specific deficiencies prior to expiration of the 20-day period. L.1993,c.351,s.4. 40:55D-66.10. Methadone clinic deemed business for zoning purposes 1. For the purposes of any zoning ordinance adopted by any municipality in the State pursuant to section 49 of P.L.1975, c.291 (C.40:55D-62), a municipality may provide within the ordinance that a facility offering outpatient methadone maintenance services, hereinafter referred to as a "methadone clinic," shall be deemed to be a 'business' or commercial operation or functional equivalent thereof and shall not be construed, for zoning purposes, as ancillary or adjunct to a doctor's professional office. When a municipality has adopted such an ordinance, the siting of a methadone clinic within a municipality shall be limited to zones designated for business or commercial use.
L.2001,c.19,s.1. 40:55D-67. Conditional uses; site plan review a. A zoning ordinance may provide for conditional uses to be granted by the planning board according to definite specifications and standards which shall be clearly set forth with sufficient certainty and definiteness to enable the developer to know their limit and extent. The planning board shall grant or deny an application for a conditional use within 95 days of submission of a complete application by a developer to the administrative officer, or within such further time as may be consented to by the applicant. b. The review by the planning board of a conditional use shall include any required site plan review pursuant to article 6 of this act. The time period for action by the planning board on conditional uses pursuant to subsection a. of this section shall apply to such site plan review. Failure of the planning board to act within the period prescribed shall constitute approval of the application 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.
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers 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. L.1975, c. 291, s. 54, eff. Aug. 1, 1976. 40:55D-68. Nonconforming structures and uses Nonconforming structures and uses. Any nonconforming use or structure existing at the time of the passage of an ordinance may be continued upon the lot or in the structure so occupied and any such structure may be restored or repaired in the event of partial destruction thereof. The prospective purchaser, prospective mortgagee, or any other person interested in any land upon which a nonconforming use or structure exists may apply in writing for the issuance of a certificate certifying that the use or structure existed before the adoption of the ordinance which rendered the use or structure nonconforming. The applicant shall have the burden of proof. Application pursuant hereto may be made to the administrative officer within one year of the adoption of the ordinance which rendered the use or structure nonconforming or at any time to the board of adjustment. The administrative officer shall be entitled to demand and receive for such certificate issued by him a reasonable fee not in excess of those provided in R.S. 54:5-14 and R.S. 54:5-15. The fees collected by the official shall be paid by him to the municipality. Denial by the administrative officer shall be appealable to the board of adjustment. Sections 59 through 62 of P.L. 1979, c. 291 (C. 40:55D-72 to C. 40:55D-75) shall apply to applications or appeals to the board of adjustment. L. 1975, c. 291, s. 55, eff. Aug. 1, 1976. Amended by L. 1985, c. 516, s. 15. 40:55D-68.1. Year-round operation Any hotel, guest house, rooming house or boarding house which is situated in any municipality which borders on the Atlantic ocean in a county of the fifth or sixth class shall be permitted to operate on a full-year basis notwithstanding section 55 of P.L.1975, c.291 (C.40:55D-68) or any municipal ordinance, resolution, seasonal license, or other municipal rule or regulation to the contrary if it is demonstrated by affidavit or certification that: a. a certificate of inspection has been issued for the hotel or guest house under the provisions of P.L.1967, c.76 (C.55:13A-1 et seq.) or, in the case of a rooming house or boarding house, that a license has been issued under P.L.1979, c.496 (C.55:13B-1 et al.); and b. a hotel or guest house in the municipality which has obtained a certificate of inspection pursuant to P.L.1967, c.76 (C.55:13A-1 et seq.) or rooming house or boarding house in the municipality which is licensed under P.L.1979, c.496 (C.55:13B-1 et al.) is not prohibited from operating on a full-year basis on February 9, 1989 or on any other day following February 9, 1989. L.1989, c.67, s.1.
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers 40:55D-68.2 Determination of eligibility The owner of any hotel, guest house, rooming house or boarding house who proposes to increase its operation to a full-year basis and who can demonstrate that a hotel, guest house, rooming house or boarding house in the municipality is not prohibited from operating on a full-year basis as provided under section 1 of this act shall file copies of that information with the Commissioner of Community Affairs in accordance with the requirements set forth in section 1 of this act and provide copies of that information to the clerks of the municipality and county in which the hotel, guest house, rooming house or boarding house is situated. The commissioner shall review that information submitted by the hotel, guest house, rooming house or boarding house owner and, within 30 days of receiving the information submitted, provide a determination of whether or not the hotel, guest house, rooming house or boarding house meets the requirements of section 1 of this act. If the commissioner does not provide a determination within the 30-day period, the hotel, guest house, rooming house or boarding house owner may commence the operation of the hotel, guest house, rooming house or boarding house on a full-year basis. L.1989, c.67, s.2. 40:55D-68.3. Penalty for violation Any person who knowingly files false information under this act shall be liable to a civil penalty not to exceed $1,000 for each filing. Any penalty imposed under this section may be recovered with costs in a summary proceeding pursuant to "the penalty enforcement law," N.J.S.2A:58-1 et seq. L.1989, c.67, s.3. 40:55D-68.4 Certain senior citizens permitted to rent, lease rooms. 1. Notwithstanding any law, ordinance, rule or regulation to the contrary, a municipality shall not prohibit any senior citizen, who is the owner of a single-family dwelling which is his primary residence, from renting or leasing a room or rooms within that dwelling, together with general use associated with that dwelling, to one person, except that nothing in this act shall be construed to prohibit a municipality from allowing the rental or leasing to more than one person.
L.1997,c.339,s.1. 40:55D-68.5 "Senior citizen" defined.
2. For the purposes of this act, a "senior citizen" is any person who has attained the age of 62 years on or after the effective date of this act, or the spouse of that person, or the surviving spouse of that person, if the surviving spouse is 55 years of age or older.
L.1997,c.339,s.2. 40:55D-68.6 Powers of municipality intact.
3. Nothing in this act shall be interpreted to limit the powers of a municipality to enforce applicable provisions of any laws, ordinances and regulations relating to fire safety, and public health and welfare.
L.1997,c.339,s.3.
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers 40:55D-69 Zoning board of adjustment.
56. Zoning board of adjustment. Upon the adoption of a zoning ordinance, the governing body shall create, by ordinance, a zoning board of adjustment unless the municipality is eligible for, and exercises, the option provided by subsection c. of section 16 of P.L.1975, c.291 (C.40:55D-25). A zoning board of adjustment shall consist of seven regular members and may have not more than two alternate members. All regular members and any alternate members shall be municipal residents. Notwithstanding the provisions of any other law or charter heretofore adopted, such ordinance shall provide the method of appointment of all such members. Alternate members shall be designated at the time of appointment by the authority appointing them as "Alternate No. 1" and "Alternate No. 2." The terms of the members first appointed under this act shall be so determined that to the greatest practicable extent, the expiration of such terms shall be distributed, in the case of regular members, evenly over the first four years after their appointment, and in the case of alternate members, evenly over the first two years after their appointment; provided that the initial term of no regular members shall exceed four years and that the initial term of no alternate member shall exceed two years. Thereafter, the term of each regular member shall be four years, and the term of each alternate member shall be two years. No member may hold any elective office or position under the municipality. No member of the board of adjustment shall be permitted to act on any matter in which he has, either directly or indirectly, any personal or financial interest. A member may, after public hearing if he requests it, be removed by the governing body for cause. A vacancy occurring otherwise than by expiration of term shall be filled for the unexpired term only.
The board of adjustment shall elect a chairman and vice chairman from its regular members and select a secretary, who may or may not be a member of the board of adjustment or a municipal employee.
Alternate members may participate in all matters but may not vote except in the absence or disqualification of a regular member. Participation of alternate members shall not be deemed to increase the size of the zoning board of adjustment established by ordinance of the governing body pursuant to section 56 of P.L.1975, c.291 (C.40:55D-69). A vote shall not be delayed in order that a regular member may vote instead of an alternate member. In the event that a choice must be made as to which alternate member is to vote, Alternate No. 1 shall vote.
L.1975,c.291,s.56; amended 1978, c.37, s.2; 1979, c.216, s.22; 1985, c.516, s.27; 1998, c.95, s.9. 40:55D-69.1. Members of planning board may serve temporarily on the board of adjustment 20. If the board of adjustment lacks a quorum because any of its regular or alternate members is prohibited by section 56 of P.L.1975, c.291 (C.40:55D-69) from acting on a matter due to the member's personal or financial interest therein, Class IV members of the planning board shall be called upon to serve, for that matter only, as temporary members of the board of adjustment. The Class IV members of the planning board shall be called upon to serve in order of seniority of continuous service to the planning board until there are the minimum number of members necessary to constitute a quorum to act upon the matter without any personal or financial interest therein, whether direct or indirect. If a choice has to be made between Class IV members of equal seniority, the chairman of the planning board shall make the choice. L.1991,c.256,s.20.
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers 40:55D-70 Powers
57. Powers. The board of adjustment shall have the power to:
a. Hear and decide appeals where it is alleged by the appellant that there is error in any order, requirement, decision or refusal made by an administrative officer based on or made in the enforcement of the zoning ordinance;
b. Hear and decide requests for interpretation of the zoning map or ordinance or for decisions upon other special questions upon which such board is authorized to pass by any zoning or official map ordinance, in accordance with this act;
c. (1) Where: (a) by reason of exceptional narrowness, shallowness or shape of a specific piece of property, or (b) by reason of exceptional topographic conditions or physical features uniquely affecting a specific piece of property, or (c) by reason of an extraordinary and exceptional situation uniquely affecting a specific piece of property or the structures lawfully existing thereon, the strict application of any regulation pursuant to article 8 of this act would result in peculiar and exceptional practical difficulties to, or exceptional and undue hardship upon, the developer of such property, grant, upon an application or an appeal relating to such property, a variance from such strict application of such regulation so as to relieve such difficulties or hardship; (2) where in an application or appeal relating to a specific piece of property the purposes of this act would be advanced by a deviation from the zoning ordinance requirements and the benefits of the deviation would substantially outweigh any detriment, grant a variance to allow departure from regulations pursuant to article 8 of this act; provided, however, that the fact that a proposed use is an inherently beneficial use shall not be dispositive of a decision on a variance under this subsection and provided that no variance from those departures enumerated in subsection d. of this section shall be granted under this subsection; and provided further that the proposed development does not require approval by the planning board of a subdivision, site plan or conditional use, in conjunction with which the planning board has power to review a request for a variance pursuant to subsection a. of section 47 of this act; and
d. In particular cases for special reasons, grant a variance to allow departure from regulations pursuant to article 8 of this act to permit: (1) a use or principal structure in a district restricted against such use or principal structure, (2) an expansion of a nonconforming use, (3) deviation from a specification or standard pursuant to section 54 of P.L.1975, c.291 (C.40:55D-67) pertaining solely to a conditional use, (4) an increase in the permitted floor area ratio as defined in section 3.1. of P.L.1975, c.291 (C.40:55D-4), (5) an increase in the permitted density as defined in section 3.1 of P.L.1975, c.291 (C.40:55D-4), except as applied to the required lot area for a lot or lots for detached one or two dwelling unit buildings, which lot or lots either an isolated undersized lot or lots resulting from a minor subdivision or (6) a height of a principal structure which exceeds by 10 feet or 10% the maximum height permitted in the district for a principal structure. A variance under this subsection shall be granted only by affirmative vote of at least five members, in the case of a municipal board, or two-thirds of the full authorized membership, in the case of a regional board, pursuant to article 10 of this act.
If an application development requests one or more variances but not a variance for a purpose enumerated in subsection d. of this section, the decision on the requested variance or
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers variances shall be rendered under subsection c. of this section.
No variance or other relief may be granted under the terms of this section, including a variance or other relief involving an inherently beneficial use, without a showing that such variance or other relief can be granted without substantial detriment to the public good and will not substantially impair the intent and the purpose of the zone plan and zoning ordinance. In respect to any airport safety zones delineated under the "Air Safety and Zoning Act of 1983," P.L.1983, c.260 (C.6:1-80 et seq.), no variance or other relief may be granted under the terms of this section, permitting the creation or establishment of a nonconforming use which would be prohibited under standards promulgated pursuant to that act, except upon issuance of a permit by the Commissioner of Transportation. An application under this section may be referred to any appropriate person or agency for its report; provided that such reference shall not extend the period of time within which the zoning board of adjustment shall act.
L.1975,c.291,s.57; amended 1979, c.216, s.23; 1983, c.260, s.13; 1984, c.20, s.12; 1991, c.256, s.21; 1991, c.445, s.10; 1997, c.145. 40:55D-70.1. Annual report The board of adjustment shall, at least once a year, review its decisions on applications and appeals for variances and prepare and adopt by resolution a report on its findings on zoning ordinance provisions which were the subject of variance requests and its recommendations for zoning ordinance amendment or revision, if any. The board of adjustment shall send copies of the report and resolution to the governing body and planning board. L. 1985, c. 516, s. 16. 40:55D-70.2. Board of adjustment, determination; reasons 6. If, in the case of an appeal made pursuant to subsection a. of section 57 of P.L.1975, c.291 (C.40:55D-70), the board of adjustment determines there is an error in any order, requirement, decision or refusal made by the administrative officer pursuant to a report submitted by the historic preservation commission or planning board in accordance with section 25 of P.L.1985, c.216 (C.40:55D-111), the board of adjustment shall include the reasons for its determination in the findings of its decision thereon. L.1991,c.199,s.6. 40:55D-71. Expenses and costs a. The governing body shall make provision in its budget and appropriate funds for the expenses of the board of adjustment. b. The board of adjustment may employ, or contract for, and fix the compensation of legal counsel, other than the municipal attorney, and experts and other staff and services as it shall deem necessary, not exceeding, exclusive of gifts or grants, the amount appropriated by the governing body for its use. L.1975, c. 291, s. 58, eff. Aug. 1, 1976.
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers 40:55D-72. Appeals and applications to board of adjustment a. Appeals to the board of adjustment may be taken by any interested party affected by any decision of an administrative officer of the municipality based on or made in the enforcement of the zoning ordinance or official map. Such appeal shall be taken within 20 days by filing a notice of appeal with the officer from whom the appeal is taken specifying the grounds of such appeal. The officer from whom the appeal is taken shall immediately transmit to the board all the papers constituting the record upon which the action appealed from was taken. b. A developer may file an application for development with the board of adjustment for action under any of its powers without prior application to an administrative officer. L.1975, c. 291, s. 59, eff. Aug. 1, 1976. Amended by L.1979, c. 216, s. 24. 40:55D-72.1. Continuation of application Any application for development submitted to the board of adjustment pursuant to lawful authority before the effective date of an ordinance pursuant to subsection c. of section 16 of P.L. 1975, c. 291 (C. 40:55D-25) may be continued at the option of the applicant, and the board of adjustment shall have every power which it possessed before the effective date of the ordinance in regard to the application. L. 1985, c. 516, s. 9. 40:55D-73. Time for decision a. The board of adjustment shall render a decision not later than 120 days after the date (1) an appeal is taken from the decision of an administrative officer or (2) the submission of a complete application for development to the board of adjustment pursuant to section 59b. of this act. b. Failure of the board to render a decision within such 120-day period or within such further time as may be consented to by the applicant, shall constitute a decision favorable to the applicant. L.1975, c. 291, s. 60, eff. Aug. 1, 1976. 40:55D-74. Modification on appeal The board of adjustment may reverse or affirm, wholly or in part, or may modify the action, order, requirement, decision, interpretation or determination appealed from and to that end have all the powers of the administrative officer from whom the appeal is taken. L.1975, c. 291, s. 61, eff. Aug. 1, 1976. 40:55D-75. Stay of proceedings by appeal; exception An appeal to the board of adjustment shall stay all proceedings in furtherance of the action in respect to which the decision appealed from was made unless the officer from whose action the appeal is taken certifies to the board of adjustment, after the notice of appeal shall have been
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers filed with him, that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed other than by an order of the Superior Court upon notice to the officer from whom the appeal is taken and on due cause shown. L.1975, c. 291, s. 62, eff. Aug. 1, 1976. 40:55D-76. Other powers a. Sections 59 through 62 of this article shall apply to the power of the board of adjustment to: (1) Direct issuance of a permit pursuant to section 25 of this act for a building or structure in the bed of a mapped street or public drainage way, flood control basin or public area reserved pursuant to section 23 of this act; or (2) Direct issuance of a permit pursuant to section 27 of this act for a building or structure not related to a street. b. The board of adjustment shall have the power to grant, to the same extent and subject to the same restrictions as the planning board, subdivision or site plan approval pursuant to article 6 of this act or conditional use approval pursuant to section 54 of this act, whenever the proposed development requires approval by the board of adjustment of a variance pursuant to subsection d. of section 57 of this act (C. 40:55D-70). The developer may elect to submit a separate application requesting approval of the variance and a subsequent application for any required approval of a subdivision, site plan or conditional use. The separate approval of the variance shall be conditioned upon grant of all required subsequent approvals by the board of adjustment. No such subsequent approval shall be granted unless such approval can be granted without substantial detriment to the public good and without substantial impairment of the intent and purpose of the zone plan and zoning ordinance. The number of votes of board members required to grant any such subsequent approval shall be as otherwise provided in this act for the approval in question, and the special vote pursuant to the aforesaid subsection d. of section 57 shall not be required. c. Whenever an application for development requests relief pursuant to subsection b. of this section, the board of adjustment shall grant or deny approval of the application within 120 days after submission by a developer of a complete application to the administrative officer or within such further time as may be consented to by the applicant. In the event that the developer elects to submit separate consecutive applications, the aforesaid provision shall apply to the application for approval of the variance. The period for granting or denying any subsequent approval shall be as otherwise provided in this act. Failure of the board of adjustment to act within the period prescribed shall constitute approval of the application, and a certificate of the administrative officer as to the failure of the board of adjustment 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
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers 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 board of adjustment 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. An application under this section may be referred to any appropriate person or agency for its report; provided that such reference shall not extend the period of time within which the zoning board of adjustment shall act. L.1975, c. 291, s. 63, eff. Aug. 1, 1976. Amended by L.1979, c. 216, s. 25; L.1984, c. 20, s. 13, eff. March 22, 1984. 40:55D-77. Generally The governing bodies of two or more municipalities, independently or with the board or boards of chosen freeholders of any county or counties in which such municipalities are located or of any adjoining county or counties or the governing body of any municipality and the board of chosen freeholders in which such municipality is located, or the boards of chosen freeholders of any two or more adjoining counties, may, by substantially similar ordinances or resolutions, as the case may be, duly adopted by each of such governing bodies within 6 calendar months after the adoption of the first such ordinance or resolution after notice and hearing as herein required, enter into a joint agreement providing for the joint administration of any or all of the powers conferred upon each of the municipalities or counties pursuant to this act. Such ordinance may also provide for the establishment and appointment of a regional planning board, a regional board of adjustment, or a joint building official, joint zoning officer or other officials responsible for performance of administrative duties in connection with any power exercised pursuant to this act. L.1975, c. 291, s. 64, eff. Aug. 1, 1976. 40:55D-78. Terms of joint agreement The ordinance shall, subject to this article, set forth the specific duties to be exercised jointly; the composition, membership and manner of appointment of any regional board including the representation of each municipality or county; the qualifications and manner or appointment of any joint building official, joint zoning officer or other joint administrative officer; the term of office, the manner of financing, the expenses of such joint exercise of powers, the share of financing to be borne by each county and municipality joining therein, the duration of such agreement and the manner in which such agreement may be terminated or extended. L.1975, c. 291, s. 65, eff. Aug. 1, 1976. 40:55D-79. Membership of regional boards Every joint agreement creating a regional board under this article shall provide for a representative member on such board for each constituent municipality or county and may provide for additional representative members for any such constituent municipality or county. The representative member or members on a regional board for a constituent municipality shall
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers be appointed by the mayor. Any such member, after a public hearing if he requests one, may be removed for cause by the governing body of such constituent municipality. The representative member or members of a regional board for a constituent county shall be appointed by the board of chosen freeholders of such county. Any such member, after public hearing if he requests one, may be removed for cause by the board of chosen freeholders of such constituent county. In addition to such members, any regional planning board may adopt a resolution providing that the Commissioner of the Department of Environmental Protection appoint as a member of the regional planning board a representative of that department's Division of Parks and Forestry and an additional member who shall be a resident of the area served by the regional board but who shall not hold any public office or position excepting an appointive membership on a municipal or other planning board. Within 30 days of the adoption of such resolution the commissioner shall make the appointments as requested. L.1975, c. 291, s. 66, eff. Aug. 1, 1976. Amended by L.1979, c. 216, s. 26. 40:55D-80. Organization of regional boards; rules and procedures Each regional board shall elect a chairman and a vice chairman from among its members, with a term of 1 year and eligibility for reelection, and select a secretary, who may or may not be a member or employee of the board, and may create and fill such other offices as it may determine. Each regional board shall adopt rules for the transaction of its business and keep a record of its resolutions, transactions, findings and determinations, which record shall be a public record. Each regional board shall be subject to the provisions of article 1 of this act relating to rules of procedures, meetings, hearings and notices. L.1975, c. 291, s. 67, eff. Aug. 1, 1976. 40:55D-81. Expenses; staff and consultants The regional board or agency may employ, or contract for and fix the compensation of legal counsel, other than an attorney for a constituent municipality or county, and experts and other staff and services, as it may deem necessary, not exceeding, exclusive of gifts or grants, the amounts agreed upon and appropriated for its use. L.1975, c. 291, s. 68, eff. Aug. 1, 1976. 40:55D-82. Sharing of costs and expenses The apportionment of costs and expenses under any joint agreement may be based upon apportionment valuations determined under R.S. 54:4-49, or upon population, budgets and such other factor or factors, or any combination thereof as provided in the agreement. L.1975, c. 291, s. 69, eff. Aug. 1, 1976. 40:55D-83. Termination of agreement Termination of a joint agreement pursuant to section 65 of this act shall not be made effective earlier than June 30 next succeeding the expiration of 12 full calendar months following the
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers decision to terminate; provided that such termination may occur at an earlier date if the parties to the joint agreement unanimously agree to such earlier date on or after the date of the decision to terminate as provided by the joint agreement. L.1975, c. 291, s. 70, eff. Aug. 1, 1976. 40:55D-84. Regional planning board; powers A regional planning board shall prepare a master plan for the physical, economic and social development of the region, as created pursuant to the agreement, with elements similar to those mentioned in section 19, and may make such additional surveys and studies as may be necessary to carry out its duties. The governing body of any constituent municipality, by ordinance, or the board of chosen freeholders of any constituent county, by resolution, may delegate to the regional planning board, any or all of the powers and duties of a municipal planning board, in the case of a municipality, and, in the case of a county, any or all or the powers and duties of a county planning board. Notwithstanding any other provision of this act, no application for development shall be required to be reviewed and approved by both a regional planning board and the planning board of a constituent municipality. L.1975, c. 291, s. 71, eff. Aug. 1, 1976. 40:55D-85. Regional board of adjustment A regional board of adjustment shall consist of at least seven members. Each member shall be appointed for a term of 4 years, except that of the first members to be appointed, the term of at least one member shall expire at the end of every year. A regional board of adjustment shall have all the powers of a municipal board of adjustment of each of the constituent municipalities and, unless otherwise specified herein, shall be subject to the provisions of this act relating to municipal boards of adjustment. Except for determination of matters pending before them at the time of creation of a regional board of adjustment, the jurisdiction of all municipal boards of adjustment in the constituent municipalities shall be terminated by the regional board. L.1975, c. 291, s. 72, eff. Aug. 1, 1976. 40:55D-85.1. Appeal to municipality of final decision on application for development by regional planning board or zoning board of adjustment a. In the case of any final decision of a regional planning board or regional zoning board of adjustment approving an application for development, the governing body of the municipality in which the land is situated which is the subject of the application for development may hear and decide an appeal by any interested party of this approval if the application for development is of a class of applications for development specified by ordinance as so subject to appeal. The appeal shall be made within 10 days of the date of publication of the final decision pursuant to subsection i. of section 6 of P.L. 1975, c. 291 (C. 40:55D-10). The appeal to the governing body shall be made by serving the municipal clerk in person or by certified mail with a notice of appeal specifying the grounds thereof and the name and address of the appellant and name and address of his attorney, if represented. The appeal shall be decided by the governing body only
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers upon the record established before the regional board. b. Notice of the meeting to review the record below shall be given by the governing body by personal service or certified mail to the appellant, to those entitled to notice of a decision pursuant to subsection h. of section 6 of P.L. 1975, c. 291 (C. 40:55D-10) and to the board from which the appeal is taken, at least 10 days prior to the date of the meeting. The parties may submit oral and written argument on the record at the meeting, and the governing body shall provide for verbatim recording and transcripts of the meeting pursuant to subsection f. of section 6 of P.L. 1975, c. 291 (C. 40:55D-10.) c. The appellant shall, (1) within five days of service of the notice of the appeal pursuant to subsection a. hereof, arrange for a transcript pursuant to subsection f. of section 6 of P.L. 1975, c. 291 (C. 40:55D-10) for use by the governing body and pay a deposit of $50.00 or the estimated cost of such transcription, whichever is less, or (2) within 35 days of service of the notice of appeal, submit a transcript as otherwise arranged to the municipal clerk; otherwise, the appeal may be dismissed for failure to prosecute. The governing body shall conclude a review of the record not later than 95 days from the date of publication of notice of the decision below pursuant to subsection i. of section 6 of P.L. 1975, c. 291 (C. 40:55D-10) unless the applicant consents in writing to an extension of the period. Failure of the governing body to hold a hearing and conclude a review of the record below and to render a decision within the specified period shall constitute a decision affirming the action of the board. d. The governing body may reverse, remand, or affirm with or without the imposition of conditions the final decision of the regional board. e. The affirmative vote of a majority of the full authorized membership of the governing body shall be necessary to reverse, remand, or affirm with or without conditions any final action of the regional board. f. An appeal to the governing body shall stay all proceedings in furtherance of the action in respect to which the decision appealed from was made unless the board from whose action the appeal is taken certifies to the governing body, after the notice of appeal shall have been filed with the board, that by reason of acts stated in the certificate a stay would, in its opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed other than by an order of the Superior Court on application upon notice to the board from whom the appeal is taken and on good cause shown. g. The governing body shall mail a copy of the decision to the appellant or if represented then to his attorney, without separate charge, and for a reasonable charge to any interested party who has requested it, not later than 10 days after the date of the decision. A brief notice of the decision shall be published in the official newspaper of the municipality, if there is one, or in a newspaper of general circulation in the municipality. The publication shall be arranged by the applicant unless a particular municipal officer is so designated by ordinance; but nothing contained herein shall be construed as preventing the applicant from arranging the publication if
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers he so desires. The governing body may make a reasonable charge for its publication. The period of time in which an appeal to a court of competent jurisdiction may be made shall run from the first publication, whether arranged by the municipality or the applicant. h. Nothing in this act shall be construed to restrict the right of any party to obtain a review by any court of competent jurisdiction according to law. L. 1985, c. 516, s. 17. 40:55D-86. Appointment of joint building officials, zoning officers and planning administrative officers The governing bodies of two or more constituent municipalities may provide by agreement, pursuant to procedures set forth herein, for the appointment of a joint building official, zoning officer, planning administrative officer or any thereof, and any other personnel necessary for the enforcement of the provisions of this act. L.1975, c. 291, s. 73, eff. Aug. 1, 1976. 40:55D-87. Joint administrative functions The building official, zoning office and planning administration functions, or any thereof, or a joint office shall be exercised in the same manner, to the same extent and with the same obligation to attend and report to the governing bodies, boards, communities and officials of each of the several municipalities as though such functions were exercised in each municipality separately, and all records for each of the municipalities shall be maintained separately and shall be available for public inspection pursuant to law. Except as otherwise provided by joint agreement, any person or persons who may hereafter be appointed as a joint building official, zoning officer or planning administrative officer shall serve at the pleasure of the regional planning board. L.1975, c. 291, s. 74, eff. Aug. 1, 1976.
40:55D-88. Delegation to county, regional and interstate bodies The governing body of any municipality may, by ordinance pursuant to a written agreement, provide for the joint administration of any or all of the powers conferred upon the municipality by this act with a county, regional or interstate body authorized to act in the region of which the municipality is part. The ordinance shall set forth the membership of the joint body, the specific administrative duties to be exercised, in the manner of financing, the share of financing to be borne by the bodies involved, the duration of the agreement and the manner in which the agreement may be terminated or extended. L.1975, c. 291, s. 75, eff. Aug. 1, 1976. 40:55D-89 Periodic examination.
76. Periodic examination. The governing body shall, at least every six years, provide for a general reexamination of its master plan and development regulations by the planning
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers board, which shall prepare and adopt by resolution a report on the findings of such reexamination, a copy of which report and resolution shall be sent to the county planning board. A notice that the report and resolution have been prepared shall be sent to the municipal clerk of each adjoining municipality, who may, on behalf of the governing body of the municipality, request a copy of the report and resolution. A reexamination shall be completed at least once every six years from the previous reexamination.
The reexamination report shall state:
a. The major problems and objectives relating to land development in the municipality at the time of the adoption of the last reexamination report.
b. The extent to which such problems and objectives have been reduced or have increased subsequent to such date.
c. The extent to which there have been significant changes in the assumptions, policies, and objectives forming the basis for the master plan or development regulations as last revised, with particular regard to the density and distribution of population and land uses, housing conditions, circulation, conservation of natural resources, energy conservation, collection, disposition, and recycling of designated recyclable materials, and changes in State, county and municipal policies and objectives.
d. The specific changes recommended for the master plan or development regulations, if any, including underlying objectives, policies and standards, or whether a new plan or regulations should be prepared.
e. The recommendations of the planning board concerning the incorporation of redevelopment plans adopted pursuant to the "Local Redevelopment and Housing Law," P.L.1992, c.79 (C.40A:12A-1 et al.) into the land use plan element of the municipal master plan, and recommended changes, if any, in the local development regulations necessary to effectuate the redevelopment plans of the municipality.
L.1975,c.291,s.76; amended 1980, c.146, s.6; 1985, c.516, s.18; 1987, c.102, s.29; 1992, c.79, s.50; 2001, c.342, s.9. 40:55D-89.1. Rebuttable presumption The absence of the adoption by the planning board of a reexamination report pursuant to section 76 of P.L. 1975, c. 291 (C. 40:55D-89) shall constitute a rebuttable presumption that the municipal development regulations are no longer reasonable. L. 1985, c. 516, s. 19.
40:55D-90. Moratoriums; interim zoning Moratoriums; interim zoning. a. The prohibition of development in order to prepare a master plan and development regulations is prohibited.
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers b. No moratoria on applications for development or interim zoning ordinances shall be permitted except in cases where the municipality demonstrates on the basis of a written opinion by a qualified health professional that a clear imminent danger to the health of the inhabitants of the municipality exists, and in no case shall the moratorium or interim ordinance exceed a six-month term. L. 1975, c. 291, s. 77, eff. Aug. 1, 1976. Amended by L. 1979, c. 7, s. 1, eff. Jan. 30, 1979; L. 1985, c. 516, s. 20. 40:55D-91. Severability of provisions If the provisions of any article, section, subsection, paragraph, subdivision or clause or this act shall be judged invalid by a court of competent jurisdiction, such order or judgment shall not affect or invalidate the remainder of any article, section, subsection, paragraph, subdivision or clause of this act and, to this end, the provisions of each article, section, subsection, paragraph, subdivision or clause of this act are hereby declared to be severable. L.1975, c. 291, s. 78, eff. Aug. 1, 1976. 40:55D-92. Construction This act being necessary for the welfare of the State and its inhabitants shall be considered liberally to effect the purposes thereof. L.1975, c. 291, s. 79, eff. Aug. 1, 1976.
40:55D-93. Preparation; storm water control ordinances to implement; date of completion; reexamination Every municipality in the State shall prepare a storm water management plan and a storm water control ordinance or ordinances to implement said plan. Such a storm water management plan shall be completed within 1 year from the date of promulgation of comprehensive storm water management regulations by the Commissioner of the Department of Environmental Protection, or by the next reexamination of the master plan required pursuant to section 76 of P.L.1975, c. 291 (C. 40:55D-89), whichever shall be later, provided that a grant for the preparation of the plan has been made available pursuant to section 6 hereof. The plan shall be reexamined at each subsequent scheduled reexamination of the master plan pursuant thereto. Such a storm water control ordinance or ordinances shall be adopted within 1 year of the completion of the storm water management plan and shall be revised thereafter as needed. L.1981, c. 32, s. 1, eff. Feb. 12, 1981. 40:55D-94. Integral part of master plan; coordination with soil conservation district and other storm water management plans Such a storm water management plan shall be an integral part of any master plan prepared by that municipality pursuant to section 19 of P.L.1975, c. 291 (C. 40:55D-28). Each municipality shall coordinate such plan with the appropriate soil conservation district established pursuant to chapter 24 of Title 4 of the Revised Statutes and with any storm water management plans prepared by any other municipality or any county, areawide agency or the State relating to the river basins located in that municipality. L.1981, c. 32, s. 2, eff. Feb. 12, 1981.
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers 40:55D-95. Storm water management plan, ordinance; requirements 3. A storm water management plan and a storm water management ordinance or ordinances shall conform to all relevant federal and State statutes, rules and regulations concerning storm water management or flood control and shall be designed: a. to reduce flood damage, including damage to life and property; b. to minimize storm water runoff from any new land development where such runoff will increase flood damage; c. to reduce soil erosion from any development or construction project; d. to assure the adequacy of existing and proposed culverts and bridges; e. to induce water recharge into the ground where practical; f. to prevent, to the greatest extent feasible, an increase in nonpoint pollution; g. to maintain the integrity of stream channels for their biological functions, as well as for drainage; and h. to minimize public safety hazards at any storm water detention facilities constructed as part of a subdivision or pursuant to a site plan. A storm water management plan shall also include such structural changes and such additional nonstructural measures and practices as may be necessary to manage storm water. For purposes of this act "nonpoint pollution" means pollution from any source other than from any discernible, confined and discrete conveyance, and shall include, but not be limited to, pollutants from agricultural, silvicultural, mining, construction, subsurface disposal and urban runoff sources. L.1981,c.32,s.3; amended 1991,c.194,s.1.
40:55D-95.1. Rules, regulations 5. The Commissioner of Environmental Protection, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall adopt regulations to protect the public safety with respect to storm water detention facilities, including those aspects of design and operation of storm water detention facilities that may constitute a threat to the public safety. In adopting the rules and regulations, the commissioner shall, to the maximum extent feasible: a. Promote site-specific solutions to public safety hazards at storm water detention facilities in keeping with generally accepted storm water management and engineering principles; b. Deter the general public, especially children, from entering areas where storm water detention facilities are located; c. Provide guidelines for designing escape aids for individuals who may become trapped in a storm water detention facility; d. Provide that the declivity of a storm water detention basin be as gradual as possible, but within the limits of existing water quality regulations; e. Eliminate, where possible, public safety hazards associated with storm water detention facilities. The commissioner shall also examine the usefulness of trash and safety racks, grates, bar screens and lattices, and fencing, and recommend their use individually or in combination with respect to each type of design for an inlet to an outlet structure of a storm water detention facility. L.1991,c.194,s.5.
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers 40:55D-96. Exceptions, permitted 4. The Commissioner of Environmental Protection may, upon application by any municipality, grant an exception from any requirement of section 3 of P.L.1981, c.32 (C.40:55D-95), provided that the commissioner shall determine that such exception will not increase flood damage or nonpoint pollution, or constitute a threat to the public safety, within or without the municipality. L.1981,c.32,s.4; amended 1991,c.194,s.2. 40:55D-97. Submission of storm water management plan, ordinances; approval 5. Every municipality shall submit a storm water management plan and implementing ordinances adopted pursuant to this act to the county planning agency or county water resources association, as appropriate. No plan or ordinances shall take effect without approval by said agency or association. Said agency or association shall approve, conditionally approve, or disapprove said plan or ordinances in regard to their compatibility with applicable municipal, county, regional or State storm water management plans. No storm water management plan or ordinances shall be approved that are contrary to recognized storm water management principles or public safety regulations adopted pursuant to section 5 of P.L.1991, c.194 (C.40:55D-95.1). The agency or association shall set forth in writing its reasons for disapproval of any plan or ordinance, or in the case of the issuance of a conditional approval, the agency or association shall specify the necessary amendments to the plan or ordinances. Any plan or ordinance approved pursuant to this section shall take effect immediately. Any plan or ordinance conditionally approved according to this section shall take effect upon the adoption by the governing body of the amendments proposed by the agency or association. Where the agency or association fails to approve, conditionally approve, or disapprove a plan or ordinance within 60 days of receipt of the plan or ordinance, the plan or ordinance shall be considered approved. L.1981,c.32,s.5; amended 1991,c.194,s.3.
40:55D-98. Grants for preparation of storm water management plans The Commissioner of Environmental Protection, subject to available appropriations and grants from other sources, is authorized to make grants to any municipality, county, county planning agency or county water resources agency or other regional agency authorized to prepare storm water management plans. Any grants to a municipality shall provide 90% of the cost of preparing storm water management plans. The commissioner shall prescribe and promulgate, pursuant to law, procedures for applying for the grant and terms and conditions for receiving the grant. L.1981, c. 32, s. 6, eff. Feb. 12, 1981. 40:55D-99. Technical assistance and planning grants for municipalities from counties and county planning agencies and water resources associations Counties, county planning agencies and county water resources associations shall be authorized to provide technical assistance and planning grants to municipalities to assist in the preparation and revision of municipal storm water management plans and implementing ordinances pursuant to section 1 of this supplementary act. L.1981, c. 32, s. 7, eff. Feb. 12, 1981.
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New Jersey Statutes Annotated Title 45, Chapter 1
Uniform Enforcement Act 45:1-14. Legislative findings and declarations; liberal construction of act The Legislature finds and declares that effective implementation of consumer protection laws and the administration of laws pertaining to the professional and occupational boards located within the Division of Consumer Affairs require uniform investigative and enforcement powers and procedures and uniform standards for license revocation, suspension and other disciplinary proceedings by such boards. This act is deemed remedial, and the provisions hereof should be afforded a liberal construction. L.1978, c. 73, s. 1, eff. July 13, 1978. 45:1-15 Application of act.
2. The provisions of this act shall apply to the following boards and all professions or occupations regulated by, through or with the advice of those boards: the New Jersey State Board of Accountancy, the New Jersey State Board of Architects, the New Jersey State Board of Cosmetology and Hairstyling, the Board of Examiners of Electrical Contractors, the New Jersey State Board of Dentistry, the State Board of Mortuary Science of New Jersey, the State Board of Professional Engineers and Land Surveyors, the State Board of Marriage and Family Therapy Examiners, the State Board of Medical Examiners, the New Jersey Board of Nursing, the New Jersey State Board of Optometrists, the State Board of Examiners of Ophthalmic Dispensers and Ophthalmic Technicians, the Board of Pharmacy, the State Board of Professional Planners, the State Board of Psychological Examiners, the State Board of Examiners of Master Plumbers, the State Board of Shorthand Reporting, the State Board of Veterinary Medical Examiners, the Acupuncture Examining Board, the State Board of Chiropractic Examiners, the State Board of Respiratory Care, the State Real Estate Appraiser Board, the State Board of Social Work Examiners, the State Board of Physical Therapy Examiners, the Professional Counselor Examiners Committee, the New Jersey Cemetery Board, the Orthotics and Prosthetics Board of Examiners, the Occupational Therapy Advisory Council, the Electrologists Advisory Committee, the Alcohol and Drug Counselor Committee, the Fire Alarm, Burglar Alarm, and Locksmith Advisory Committee, the Home Inspection Advisory Committee, the Massage, Bodywork and Somatic Therapy Examining Committee, and the Audiology and Speech-Language Pathology Advisory Committee.
L.1978,c.73,s.2; amended 1983, c.7, s.21; 1984, c.205, s.43; 1989, c.153, s.24; 1991, c.31, s.18; 1991, c.68, s.30; 1991, c.134, s.14; 1995, c.366, s.23; 1999, c.403, s.1; 2003, c.18, s.20. 45:1-15.1. Rules, regulations
8. Consistent with their enabling acts, P.L.1978, c.73 (C.45:1-14 et seq.) and the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), the boards and others set forth in section 2 of P.L.1978, c.73 (C.45:1-15) are authorized to adopt rules and regulations to serve the public health, safety and welfare.
L.1999,c.403,s.8.
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers 45:1-16. Definitions As used within this act the following words or terms shall have the indicated definition unless the context clearly indicates otherwise. "Board" means any professional or occupational licensing board designated in section 2 of this act. "Director" means the Director of the Division of Consumer Affairs in the Department of Law and Public Safety. "Person" means any natural person or his legal representative, partnership, corporation, company, trust, business entity or association, and any agent, employee, salesman, partner, officer, director, member, stockholder, associate, trustee or cestuis que trust thereof. L.1978, c. 73, s. 3, eff. July 13, 1978. 45:1-17. Powers of Attorney General to implement act and administer law enforcement activities of boards In implementing the provisions of this act and administering the law enforcement activities of those professional and occupational boards located within the Division of Consumer Affairs, the Attorney General may: a. After advice to the board or boards in question of his intent to proceed under this section, and the specific action he intends to take, and the failure of such board or boards to take steps in accordance with the advice of the Attorney General within 30 days of receipt of such advice, promulgate rules and regulations consistent with the provisions of this act and the Administrative Procedure Act, P.L.1968, c. 410 (C. 52:14B-1 et seq.) governing the procedure for administrative hearings before all boards within the Division of Consumer Affairs. Such rules and regulations shall govern administrative complaints, answers thereto, issuance of subpoenas, appointment of hearing examiners, adjournments, submission of proposed findings of fact and conclusions of law, the filing of briefs, and such other procedural aspects of administrative hearings before the boards as the Attorney General may deem necessary; provided, however, nothing herein authorized shall be construed to require the Attorney General to promulgate rules regarding prehearing investigative procedures. b. After advice to the board or boards in question of his intent to proceed under this section, and the specific action he intends to take, and the failure of such board or boards to take steps in accordance with the advice of the Attorney General within 30 days of receipt of such advice, promulgate substantive rules and regulations consistent with the provisions of any statute governing the activities of any licensing agency, board or committee located within the Division of Consumer Affairs, which shall be limited to disciplinary matters and arbitrary restrictions on initial licensure. In addition to promulgating such rules and regulations, the Attorney General may direct that any proposed or existing regulation be amended, abandoned or repealed. Prior to the final adoption of any regulation affecting the activities of any professional or occupational licensing agency, board or committee located within the division and prior to the issuance of any
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers directive to amend, abandon or repeal any regulation, the Attorney General or his designee shall first consult with the agency, board or committee whose activities are affected regarding the proposed action. c. After a full consideration of all relevant facts and the applicable law, may direct the initiation of any appropriate enforcement action by a professional or occupational licensing board or set aside, modify or amend, as may be necessary, any action or decision of a licensing agency, board or committee located within the Division of Consumer Affairs; provided, however, no such action shall be directed by the Attorney General in reviewing the action or decision of an agency, board or committee unless such action or decision is contrary to applicable law. L.1978, c. 73, s. 4, eff. July 13, 1978. 45:1-18 Investigative powers of boards, director or attorney general.
5. Whenever it shall appear to any board, the director or the Attorney General that a person has engaged in, or is engaging in any act or practice declared unlawful by a statute or regulation administered by such board, or when the board, the director or the Attorney General shall deem it to be in the public interest to inquire whether any such violation may exist, the board or the director through the Attorney General, or the Attorney General acting independently, may exercise any of the following investigative powers:
a. Require any person to file on such form as may be prescribed, a statement or report in writing under oath, or otherwise, as to the facts and circumstances concerning the rendition of any service or conduct of any sale incidental to the discharge of any act or practice subject to an act or regulation administered by the board;
b. Examine under oath any person in connection with any act or practice subject to an act or regulation administered by the board;
c. Inspect any premises from which a practice or activity subject to an act or regulation administered by the board is conducted;
d. Examine any goods, ware or item used in the rendition of a practice or activity subject to an act or regulation administered by the board;
e. Examine any record, book, document, account or paper prepared or maintained by or for any professional or occupational licensee in the regular course of practicing such profession or engaging in such occupation or any individual engaging in practices subject to an act or regulation administered by the board. Nothing in this subsection shall require the notification or consent of the person to whom the record, book, account or paper pertains, unless otherwise required by law;
f. For the purpose of preserving evidence of an unlawful act or practice, pursuant to an order of the Superior Court, impound any record, book, document, account, paper, goods, ware, or item used, prepared or maintained by or for any board licensee in the regular course of
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers practicing such profession or engaging in such occupation or any individual engaging in a practice or activity subject to an act or regulation administered by the board. In such cases as may be necessary, the Superior Court may, on application of the Attorney General, issue an order sealing items or material subject to this subsection; and
g. Require any board licensee, permit holder or registered or certified person to submit to an assessment of skills to determine whether the board licensee, permit holder or registered or certified person can continue to practice with reasonable skill and safety.
In order to accomplish the objectives of this act or any act or regulation administered by a board, the Attorney General may hold such investigative hearings as may be necessary and the board, director or Attorney General may issue subpoenas to compel the attendance of any person or the production of books, records or papers at any such hearing or inquiry.
L.1978,c.73,s.5; amended 2001, c.307, s.1. 45:1-19. Failure or refusal to file statement or report, refuse access to premises or
failure to obey subpoena; penalty If any person shall fail or refuse to file any statement or report or refuse access to premises from which a licensed profession or occupation is conducted in any lawfully conducted investigative matter or fail to obey a subpoena issued pursuant to this act, the Attorney General may apply to the Superior Court and obtain an order: a. Adjudging such person in contempt of court; or b. Granting such other relief as may be required; or c. Suspending the license of any such person unless and until compliance with the subpoena or investigative demand is effected. L.1978, c. 73, s. 6, eff. July 13, 1978. 45:1-20. Compelling testimony or production of book, paper or document; immunity from prosecution If any person shall refuse to testify or produce any book, paper, or other document in any proceeding under this act for the reason that the testimony or evidence, documentary or otherwise, required of him may tend to incriminate him, convict him of a crime, or subject him to a penalty or forfeiture, and shall, notwithstanding, be directed to testify or to produce such book, paper, or document by the Attorney General, he shall comply with such direction. A person who is entitled by law to, and does assert such privilege, and who complies with such direction of the Attorney General shall not thereafter be prosecuted or subjected to any penalty or forfeiture in any criminal proceeding which arises out of and relates to the subject matter of the proceeding. No person so testifying shall be exempt from prosecution or punishment for perjury or false swearing committed by him in giving such testimony or from any civil or administrative action arising from such testimony. L.1978, c. 73, s. 7, eff. July 13, 1978.
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers 45:1-21 Refusal to license or renew, grounds.
8. A board may refuse to admit a person to an examination or may refuse to issue or may suspend or revoke any certificate, registration or license issued by the board upon proof that the applicant or holder of such certificate, registration or license:
a. Has obtained a certificate, registration, license or authorization to sit for an examination, as the case may be, through fraud, deception, or misrepresentation;
b. Has engaged in the use or employment of dishonesty, fraud, deception, misrepresentation, false promise or false pretense;
c. Has engaged in gross negligence, gross malpractice or gross incompetence which damaged or endangered the life, health, welfare, safety or property of any person;
d. Has engaged in repeated acts of negligence, malpractice or incompetence;
e. Has engaged in professional or occupational misconduct as may be determined by the board;
f. Has been convicted of, or engaged in acts constituting, any crime or offense involving moral turpitude or relating adversely to the activity regulated by the board. For the purpose of this subsection a judgment of conviction or a plea of guilty, non vult, nolo contendere or any other such disposition of alleged criminal activity shall be deemed a conviction;
g. Has had his authority to engage in the activity regulated by the board revoked or suspended by any other state, agency or authority for reasons consistent with this section;
h. Has violated or failed to comply with the provisions of any act or regulation administered by the board;
i. Is incapable, for medical or any other good cause, of discharging the functions of a licensee in a manner consistent with the public's health, safety and welfare;
j. Has repeatedly failed to submit completed applications, or parts of, or documentation submitted in conjunction with, such applications, required to be filed with the Department of Environmental Protection;
k. Has violated any provision of P.L.1983, c.320 (C.17:33A-1 et seq.) or any insurance fraud prevention law or act of another jurisdiction or has been adjudicated, in civil or administrative proceedings, of a violation of P.L.1983, c.320 (C.17:33A-1 et seq.) or has been subject to a final order, entered in civil or administrative proceedings, that imposed civil penalties under that act against the applicant or holder;
l. Is presently engaged in drug or alcohol use that is likely to impair the ability to practice the profession or occupation with reasonable skill and safety. For purposes of this subsection, the term "presently" means at this time or any time within the previous 365 days;
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers
m. Has prescribed or dispensed controlled dangerous substances indiscriminately or without good cause, or where the applicant or holder knew or should have known that the substances were to be used for unauthorized consumption or distribution;
n. Has permitted an unlicensed person or entity to perform an act for which a license or certificate of registration or certification is required by the board, or aided and abetted an unlicensed person or entity in performing such an act;
o. Advertised fraudulently in any manner.
The division is authorized, for purposes of facilitating determinations concerning licensure eligibility, to require the fingerprinting of each applicant in accordance with applicable State and federal laws, rules and regulations. Each applicant shall submit the applicant's name, address, and written consent to the director for a criminal history record background check to be performed. The division is authorized to receive criminal history record information from the State Bureau of Identification in the Division of State Police and the Federal Bureau of Investigation. Upon receipt of such notification, the division shall forward the information to the appropriate board which shall make a determination regarding the issuance of licensure. The applicant shall bear the cost for the criminal history record background check, including all costs of administering and processing the check, unless otherwise provided for by an individual enabling act. The Division of State Police shall promptly notify the division in the event an applicant or licensee, who was the subject of a criminal history record background check pursuant to this section, is convicted of a crime or offense in this State after the date the background check was performed.
For purposes of this act:
"Completed application" means the submission of all of the information designated on the checklist, adopted pursuant to section 1 of P.L.1991, c.421 (C.13:1D-101), for the class or category of permit for which application is made.
"Permit" has the same meaning as defined in section 1 of P.L.1991, c.421 (C.13:1D-101).
L.1978,c.73,s.8; amended 1991, c.420, s.1; 1997, c.151, s.10; 1999, c.403, s.2; 2003, c.199, s.31. 45:1-21.1. Information on DEP application compliance, seminar attendance 2. a. A board obtaining information from the Department of Environmental Protection pursuant to section 1 of P.L.1991, c.418 (C.13:1D-110) on the compliance of a member of a regulated profession with the requirements for completed applications of the department, shall annually develop a detailed written summary of the information gathered by the department pursuant to P.L.1991, c.418 (C.13:1D-110) regarding compliance with the department's requirements for completed applications and attendance records for continuing education seminars required to be filed with the department pursuant to section 2 of P.L.1991, c.419 (C.13:1D-117).
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers b. Any reasonable costs incurred in preparation of the report required pursuant to this section may be included in the charges authorized pursuant to P.L.1974, c.46 (C.45:1-3.2). c. Information required to be compiled by a board pursuant to this section, shall be deemed to be public records subject to the requirements of P.L.1963, c.73 (C.47:1A-1 et seq.). L.1991,c.420,s.2. 45:1-21.2 Suspension of certain licenses, registrations, certifications for failure to repay student loans.
1. The director or a board shall suspend, as appropriate, after a hearing, the license, registration or certification of any person who has been certified by a lender or guarantor and reported to the director or the board, as the case may be, for nonpayment or default of a State or federal direct or guaranteed educational loan. The license, registration or certification shall not be reissued until the person provides the director or board with a written release issued by the lender or guarantor stating that the person has cured the default or is making payments on the loan in accordance with a repayment agreement approved by the lender or guarantor. If the person has continued to meet all other requirements for licensure, registration or certification during the suspension, reinstatement shall be automatic upon receipt of the notice and payment of any reinstatement fee the director or the board may impose.
L.1999,c.54,s.1. 45:1-21.3 Violation of the responsibility to make 911 call, forfeiture of license, authorization to practice.
6. A health care professional licensed or otherwise authorized to practice as a health care professional pursuant to Title 45 of the Revised Statutes who violates the provisions of section 3 of P.L.2003, c.191 (C.30:6D-5.3) shall, in addition to being liable to a civil penalty pursuant to section 4 of P.L.2003, c.191 (C.30:6D-5.4), be subject to revocation of that individual's professional license or other authorization to practice as a health care professional by the appropriate licensing board in the Division of Consumer Affairs in the Department of Law and Public Safety, after appropriate notice and opportunity for a hearing.
L.2003,c.191,s.6. 45:1-22 Additional, alternative penalties.
9. In addition or as an alternative, as the case may be, to revoking, suspending or refusing to renew any license, registration or certificate issued by it, a board may, after affording an opportunity to be heard:
a. Issue a letter of warning, reprimand, or censure with regard to any act, conduct or practice which in the judgment of the board upon consideration of all relevant facts and circumstances does not warrant the initiation of formal action;
b. Assess civil penalties in accordance with this act;
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c. Order that any person violating any provision of an act or regulation administered by such board to cease and desist from future violations thereof or to take such affirmative corrective action as may be necessary with regard to any act or practice found unlawful by the board;
d. Order any person found to have violated any provision of an act or regulation administered by such board to restore to any person aggrieved by an unlawful act or practice, any moneys or property, real or personal, acquired by means of such act or practice; provided, however, no board shall order restoration in a dollar amount greater than those moneys received by a licensee or his agent or any other person violating the act or regulation administered by the board;
e. Order any person, as a condition for continued, reinstated or renewed licensure, to secure medical or such other professional treatment as may be necessary to properly discharge licensee functions;
f. Order any person, as a condition for continued, reinstated or renewed licensure, to submit to any medical or diagnostic testing and monitoring or psychological evaluation which may be required to evaluate whether continued practice may jeopardize the safety and welfare of the public;
g. Order any person, as a condition for continued, reinstated or renewed licensure, to submit to an assessment of skills to determine whether the licensee can continue to practice with reasonable skill and safety, and to take and successfully complete educational training determined by the board to be necessary;
h. Order any person, as a condition for continued, reinstated or renewed licensure, to submit to an assessment of skills to determine whether the licensee can continue to practice with reasonable skill and safety, and to submit to any supervision, monitoring or limitation on practice determined by the board to be necessary.
A board may, upon a duly verified application of the Attorney General that either provides proof of a conviction of a court of competent jurisdiction for a crime or offense involving moral turpitude or relating adversely to the regulated profession or occupation, or alleges an act or practice violating any provision of an act or regulation administered by such board, enter a temporary order suspending or limiting any license issued by the board pending plenary hearing on an administrative complaint; provided, however, no such temporary order shall be entered unless the application made to the board palpably demonstrates a clear and imminent danger to the public health, safety and welfare and notice of such application is given to the licensee affected by such order. If, upon review of the Attorney General's application, the board determines that, although no palpable demonstration of a clear and imminent danger has been made, the licensee's continued unrestricted practice pending plenary hearing may pose a risk to the public health, safety and welfare, the board may order the licensee to submit to medical or diagnostic testing and monitoring, or psychological evaluation, or an assessment of skills to determine whether the licensee can continue to practice with reasonable skill and safety.
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In any administrative proceeding commenced on a complaint alleging a violation of an act or regulation administered by a board, such board may issue subpoenas to compel the attendance of witnesses or the production of books, records, or documents at the hearing on the complaint.
L.1978,c.73,s.9; amended 1999, c.403, s.3; 2001, c.307, s.2. 45:1-23. Summary proceeding in Superior Court; injunction; orders necessary to prevent unlawful practice or remedy past unlawful activity Whenever it shall appear to a board, the director or the Attorney General that a violation of any act, including the unlicensed practice of the regulated profession or occupation, or regulation administered by such board has occurred, is occurring, or will occur, the Attorney General, in addition to any other proceeding authorized by law, may seek and obtain in a summary proceeding in the Superior Court an injunction prohibiting such act or practice. In any such proceeding the court may assess a civil penalty in accordance with the provisions of this act, order restoration to any person in interest of any moneys or property, real or personal, acquired by means of an unlawful act or practice and may enter such orders as may be necessary to prevent the performance of an unlawful practice in the future and to fully remedy any past unlawful activity. In any action brought pursuant to this section, the court shall not suspend or revoke any license issued by a board. L.1978, c. 73, s. 10, eff. July 13, 1978. 45:1-24. Failure to pay penalties; enforcement 11. Upon the failure of any person to comply within 10 days after service of any order of a board directing payment of penalties or restoration of moneys or property, the Attorney General or the secretary of such board may issue a certificate to the Clerk of the Superior Court that such person is indebted to the State for the payment of such penalty and the moneys or property ordered restored. A copy of such certificate shall be served upon the person against whom the order was entered. Thereupon the clerk shall immediately enter upon his record of docketed judgments the name of the person so indebted and of the State, a designation of the statute under which the penalty is imposed, the amount of the penalty imposed, and amount of moneys ordered restored, a listing of property ordered restored, and the date of the certification. Such entry shall have the same force and effect as the entry of a docketed judgment in the Superior Court, and the Attorney General shall have all rights and remedies of a judgment creditor in addition to exercising any other available remedies. Such entry, however, shall be without prejudice to the right of appeal to the Appellate Division of the Superior Court from the board's order. An action to enforce the provisions of any order entered by a board or to collect any penalty levied thereby may be brought in any municipal court or the Superior Court in summary manner pursuant to "the penalty enforcement law" (N.J.S.2A:58-1 et seq.) and the rules of court governing the collection of civil penalties. Process in such action shall be by summons or warrant, and in the event that the defendant fails to answer such action, the court shall issue a warrant for the defendant's arrest for the purpose of bringing such person before the court to satisfy any order entered. L.1978,c.73,s.11; amended 1991,c.91,s.448.
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers 45:1-25 Violations, penalties.
12. a. Any person who engages in any conduct in violation of any provision of an act or regulation administered by a board shall, in addition to any other sanctions provided herein, be liable to a civil penalty of not more than $10,000 for the first violation and not more than $20,000 for the second and each subsequent violation. For the purpose of construing this section, each act in violation of any provision of an act or regulation administered by a board shall constitute a separate violation and shall be deemed a second or subsequent violation under the following circumstances:
(1) an administrative or court order has been entered in a prior, separate and independent proceeding;
(2) the person is found within a single proceeding to have committed more than one violation of any provision of an act or regulation administered by a board; or
(3) the person is found within a single proceeding to have committed separate violations of any provision of more than one act or regulation administered by a board.
b. In lieu of an administrative proceeding or an action in the Superior Court, the Attorney General may bring an action in the name of any board for the collection or enforcement of civil penalties for the violation of any provision of an act or regulation administered by such board. Such action may be brought in summary manner pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.) and the rules of court governing actions for the collection of civil penalties in the municipal court where the offense occurred. Process in such action may be by summons or warrant and in the event that the defendant in such action fails to answer such action, the court shall, upon finding an unlawful act or practice to have been committed by the defendant, issue a warrant for the defendant's arrest in order to bring such person before the court to satisfy the civil penalties imposed. In any action commenced pursuant to this section, the court may order restored to any person in interest any moneys or property acquired by means of an unlawful act or practice.
c. Any action alleging the unlicensed practice of a profession or occupation shall be brought pursuant to this section or, where injunctive relief is sought, by an action commenced in the Superior Court.
d. In any action brought pursuant to this act, a board or the court may order the payment of costs for the use of the State, including, but not limited to, costs of investigation, expert witness fees and costs, attorney fees and costs, and transcript costs.
L.1978,c.73,s.12; amended 1991, c.91, s.449; 1999, c.403, s.9; 2001, c.307, s.3. 45:1-26. Repeal of inconsistent acts and parts of acts All acts and parts of acts inconsistent with this act are hereby superseded and repealed. L.1978, c. 73, s. 13, eff. July 13, 1978.
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers 45:1-27. Severability If any provision of this law or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of the law which can be given effect without the invalid provision or application, and to this end the provisions of this law are severable. L.1978, c. 73, s. 14, eff. July 13, 1978.
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New Jersey Statutes Annotated Title 45, Chapter 4B
Building Design Services Act 45:4B-1. Short title This act shall be known and may be cited as the "Building Design Services Act." L.1989, c.277, s.1. 45:4B-2. Findings, declarations The Legislature finds and declares that there is an area of concurrent practice between the practice of architecture and the practice of engineering, specifically in the area of building design. In order to eliminate uncertainty and provide for the resolution of future disputes in the area of concurrence, the Legislature declares that it is in the public interest to create a Joint Committee of Architects and Engineers to receive referrals from the New Jersey State Board of Architects and the State Board of Professional Engineers and Land Surveyors; conduct investigations to determine violations of this act; conduct, at its discretion, hearings; communicate its findings in writing; and issue declaratory rulings on the use group classifications contained in section 7 of this act. Nothing herein, except as provided in section 5 of this act, shall be deemed to preempt the ultimate decision making authority of the boards. It is also the Legislature's intent to provide for contracting between architects and engineers without compromising the integrity of either profession. This act is declared remedial except that the powers and duties of the committee shall be limited to those contained in section 5 of this act. L.1989, c.277, s.2. 45:4B-3 Definitions.
3. For the purposes of this act:
a. "Architectural project" means any building or structure the plans for which may be prepared, designed, signed, and sealed by a licensed architect pursuant to section 7 of this act.
b. "Boards" means the New Jersey State Board of Architects and the State Board of Professional Engineers and Land Surveyors.
c. "Closely allied professional" means and is limited to licensed architects, professional engineers, land surveyors, professional planners, and certified landscape architects.
d. "Engineering project" means a building or structure the plans for which may be prepared, designed, signed, and sealed by a professional engineer pursuant to section 7 of this act.
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e. "Engineering systems" means those systems necessary for the proper function of a building and surrounding site, the proper design of which requires engineering knowledge acquired through engineering or architectural training and experience. These systems include but are not limited to structural, electrical, heating, lighting, acoustical, ventilation, air conditioning, grading, plumbing and drainage. Drainage facilities for sites of 10 acres or more or involving storm water detention facilities or traversed by a water course shall only be designed by a professional engineer.
f. "Joint committee" means the Joint Committee of Architects and Engineers created pursuant to section 4 of this act.
g. "Owner" means any person, agent, firm, partnership or corporation having a legal or equitable interest in the property or any agent acting on behalf of such individuals or entities.
h. "Practice of architecture" or "architectural services" means the rendering of services in connection with the design, construction, enlargement, or alteration of a building or a group of buildings and the space within or surrounding those buildings, which have as their principal purpose human use or habitation. These services include site planning, providing preliminary studies, architectural designs, drawings, specifications, other technical documentation, and administration of construction for the purpose of determining compliance with drawings and specifications.
i. "Practice of engineering" or "engineering services" means any service or creative work the adequate performance of which requires engineering education, training, and experience and the application of special knowledge of the mathematical, physical and engineering sciences to such services or creative work as consultation, investigation, evaluation, planning and design of engineering works and systems, planning the use of land and water, engineering studies, and the administration of construction for the purpose of determining compliance with drawings and specifications; any of which embraces such services or work, either public or private, in connection with any engineering project including: utilities, structures, buildings, machines, equipment, processes, work systems, projects, telecommunications, and industrial or consumer products or equipment of a mechanical, electrical, hydraulic, pneumatic or thermal nature, insofar as they involve safeguarding life, health or property, and including such other professional services as may be necessary to the planning, progress and completion of any engineering services. The design of buildings by professional engineers shall be consistent with section 7 of this act. The practice of professional engineering shall not include the work ordinarily performed by persons who operate or maintain machinery or equipment.
j. "Responsible charge" means the rendering of regular and effective supervision by a competent licensed architect or professional engineer as appropriate to those individuals performing services which directly and materially affect the quality and competence of professional work rendered by the licensee. A licensee engaged in any of the following acts or practices shall be deemed not to have rendered regular and effective supervision:
(1) The regular and continuous absence from principal office premises from which professional services are rendered, except for the performance of field work or presence in a field
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers office maintained exclusively for a specific project;
(2) The failure to personally inspect or review the work of subordinates where necessary and appropriate;
(3) The rendering of a limited, cursory or perfunctory review of plans for a building or structure in lieu of an appropriate detailed review; and
(4) The failure to personally be available on a reasonable basis or with adequate advanced notice for consultation and inspection where circumstances require availability.
L.1989,c.277,s.3; amended 2001, c.378, s.2. 45:4B-4 Joint Committee of Architects and Engineers.
4. There is created in the Division of Consumer Affairs in the Department of Law and Public Safety a Joint Committee of Architects and Engineers which shall consist of five members, two of whom shall be licensed architect members of the New Jersey State Board of Architects, two of whom shall be professional engineer members of the State Board of Professional Engineers and Land Surveyors and one of whom shall be appointed by the Governor.
The professional members shall be appointed by their respective board presidents with the advice and consent of a majority of their respective boards. They shall serve at the discretion of their respective boards during their terms of office.
The gubernatorial appointment shall be a resident of this State with experience as an arbitrator and shall not be a licensed architect, professional engineer, or a closely allied professional. The gubernatorial appointment shall serve from the date of appointment for a term of five years and shall not serve for more than two consecutive terms. The gubernatorial appointment may be removed for cause by the Governor.
An alternate member shall be chosen from each board in the same manner as the professional members. An alternate member may represent the appointing board when a professional member is absent from a joint committee meeting. While acting in this capacity the alternate member shall enjoy all the rights and privileges of a voting professional member.
The gubernatorial appointment with an equal number of architect and engineer professional members present shall constitute a quorum. No joint committee business shall be conducted without a quorum.
The joint committee shall meet at least six times a year, except that it shall meet no less than once every two months.
The joint committee members shall be entitled to receive per diem fees and expenses equivalent to fees paid to members of the professional and occupational licensing boards pursuant to section 2 of P.L.1977, c.285 (C.45:1-2.5).
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The cost of operation of the joint committee shall be borne equally by the boards which shall adopt such fees by regulation as are necessary to fund such operation.
L.1989,c.277,s.4; amended 2001, c.378, s.3. 45:4B-5. Powers, duties of joint committee The joint committee shall have the following powers and duties: a. To investigate, within a reasonable period of time, any alleged violation of this act referred by the boards. b. To conduct, at its discretion, investigative hearings on any alleged violation of this act referred by the boards. c. To notify the boards, in writing, if in a particular matter, it finds that no violation of this act has occurred. In the event such a finding is made, no further action shall be taken with respect to that particular matter by either board or the joint committee. d. To notify the boards, in writing, if in a particular matter, it finds that a violation of this act has occurred. In the event of such a finding the board possessing authority to discipline the licensee or other regulated entity found to have violated this act shall either initiate disciplinary action, or where in its determination the basis for the joint committee's finding is insufficient, refer the matter back to the joint committee for further investigation and evaluation. e. To determine, by regulation, the assignment of use group classification established pursuant to section 7 of this act for any building or structure not contemplated within the use groups or whose classification is not reasonably ascertainable. f. To issue declaratory rulings with regard to determining a building or structure's primary use group classification for the purpose of determining if such building or structure is an architectural or engineering project, or both. Requests for declaratory rulings shall be submitted to the joint committee by either of the boards. The joint committee may issue a declaratory ruling which shall bind the boards and all parties to the proceeding on the state of the facts alleged. That ruling shall be deemed a final decision or action subject to review in the Appellate Division of the Superior Court. g. To promulgate rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) to carry out the purposes of this act. L.1989, c.277, s.5.
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers 45:4B-6. Referral of complaint, question, controversy to joint committee Any complaint, question, or controversy involving the application of this act may be referred to the joint committee for evaluation and such action as may be authorized herein. The boards shall provide any and all documents in their possession regarding any matter referred to the joint committee and shall, where necessary and appropriate, exercise the investigation or enforcement power conferred by law in order to aid and assist the joint committee in its functions. No joint committee member shall be disqualified from any board deliberation or action solely by reason of that member's having participated in joint committee activity. L.1989, c.277, s.6. 45:4B-7. Classification of buildings, structures a. For the purposes of this act, buildings and structures are classified by their use into use groups as determined by the BOCA National Building Code. The following chart based on the BOCA National Building Code/1987, tenth edition, designates projects by use groups and sets forth those which may be designed, prepared, signed, and sealed by licensed architects and professional engineers, or both, as indicated. In the event that the BOCA National Building Code's provisions are altered in subsequent editions nothing herein contained shall be deemed to be altered. BUILDING DESIGN CATEGORIES BOCA Use Group Classification Architects May Design Engineers May Design A-Assembly All A-5 Outdoor Assembly use or as an incidental use. B-Business All None other than Note 1 or as an incidental use. E-Educational All None except for an incidental use. F-Factory and Industrial All All H-High Hazard All All I-Institutional All None except for an incidental use. M-Mercantile All None except for an incidental use. R-Residential All None except for an incidental use. S-Storage All All U-Utility All All Except an Engineering Work
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers Note 1. Professional engineers may design the following projects within the B Use group: (a) Car wash facilities; (b) Materials testing laboratories; and, (c) Telephone exchanges and data processing relay or equipment facilities. b. An engineering work such as a sewage or water treatment plant, power plant, or transportation system, shall be prepared, designed, signed, and sealed by a professional engineer only. c. Professional engineers may prepare, design, sign and seal buildings or portions of buildings in a non-permitted use group classification only as an incidental use. A portion of a building shall be deemed to be an incidental use where the portion is an ancillary part of an engineering project and the building or portion is of a building design category prohibited to engineers. The area of the incidental use shall not constitute more than 10% of the building's total floor area or 2000 square feet whichever is greater. In the design of traditional engineering works projects such as sewage or water treatment plants, power plants or transportation systems, the area of the incidental use shall not constitute more than 10% of the total square footage of all structures in the project, or 2000 square feet, whichever is greater. Where public access is a primary consideration in buildings such as transportation terminals, railroad stations, or administration buildings, those buildings shall be designed by architects only. L.1989, c.277, s.7. 45:4B-8. Licensed architect; contracts for services; conditions A sole proprietor or business association, which may by law render or offer to render engineering services shall enter into a contract with an owner to provide architectural and engineering services under the following conditions: a. The contract with the owner is in writing and provides for a coordinated rendering of architectural and engineering services. b. Architectural services shall be provided pursuant to a separate, written, independent subcontract which clearly delineates the responsibility of the licensed architect or business association and the contracting entity. c. Any subcontract for the providing of architectural services pursuant to this act shall provide that: (1) The licensed architect or business association shall render such services as an independent professional and not as an employee of a sole proprietor or business association which may by
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers law provide or offer to provide engineering services. (2) The licensed architect shall exercise independent professional judgment consistent with accepted standards of the practice of architecture with regard to the project as its circumstances may dictate. d. A professional engineer may design any engineering additions to an architectural project. e. Corporations subject to the requirements of subsection a. of section 7 of P.L.1989, c.276 (C.45:8-56) shall, in addition to the requirements provided therein, be subject to the following: (1) At least two thirds of the directors shall be professional engineers; and (2) A minimum of 20% of the shares shall be owned by professional engineers. L.1989, c.277, s.8. 45:4B-9. Professional engineer; contracts for services; conditions A sole proprietor or business association, which may by law render or offer to render architectural services, shall enter into a contract with an owner to provide architectural and engineering services under the following conditions: a. The contract with the owner is in writing and provides for a coordinated rendering of architectural and engineering services. b. Engineering services shall be provided pursuant to a separate, written, independent subcontract which clearly delineates the responsibility of the professional engineer or business association and the contracting entity. c. Any subcontract for the providing of engineering services pursuant to this act shall provide that: (1) The professional engineer or business association shall render services contracted for as an independent professional and not as an employee of a sole proprietor or business association which may by law provide or offer to provide architectural services. (2) The professional engineer shall exercise independent professional judgment consistent with accepted standards of the practice of engineering with regard to the project as its circumstances may dictate. d. A licensed architect may design any architectural additions to an engineering work. L.1989, c.277, s.9.
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers 45:4B-10. Architect to design engineering systems; conditions A licensed architect shall provide the design of engineering systems in connection with an architectural project under either of the following conditions: a. The engineering systems are designed within the architect's office and the work is done under the responsible charge of a licensed architect or a professional engineer. Where such work is done under the responsible charge of a licensed architect, the architect shall sign and seal all plans and specifications. If the architect designates a professional engineer to be in responsible charge of all or a portion of the design of the engineering systems, the professional engineer shall sign and seal all such engineering designs; or b. All or a portion of the engineering systems are designed outside the architect's office under a subcontract with a professional engineer who is in responsible charge of the work. The contract shall be in writing and provide that the professional engineer shall exercise independent professional judgment consistent with accepted standards of engineering with regard to the project as its circumstances may dictate. This work product shall be submitted by said engineer: (1) On drawings with the engineer's title block, properly signed and sealed; (2) In report or specification form, appropriately identified, signed, and sealed; (3) In letter form properly signed; (4) In any other form as is consistent with the assignment. L.1989, c.277, s.10. 45:4B-11. Licensee to maintain records A licensee shall maintain such records as are reasonably necessary to establish that the licensee exercised regular and effective supervision of any professional services of which he or she was in responsible charge. L.1989, c.277, s.11. 45:4B-12. Engineers may perform building design services, not architectural services Notwithstanding the provisions of this act, an individual or business association, which may by law practice engineering, but not architecture, shall not use the title architect or advertise or use any title, sign, card or device to indicate that that sole proprietor or business association may perform architectural services. A sole proprietor or business association in advertising or offering to perform services pursuant to section 7 or 8 of this act, shall designate or describe those services as "building design services" or the substantial equivalent but shall not utilize the term "architectural services" or its substantial equivalent. L.1989, c.277, s.12.
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers 45:4B-13. Architects may perform works facilities design, not engineering services Notwithstanding the provisions of this act, a sole proprietor or business association, which may by law practice architecture, but not engineering, shall not use the title engineer or advertise or use any title, sign, card or device to indicate that that sole proprietor or business association may perform engineering services. That sole proprietor or business association in advertising or offering to perform services pursuant to section 7 or 9 of this act, shall designate or describe such services as "works facilities design" or the substantial equivalent but shall not utilize the term "engineering services" or its substantial equivalent. L.1989, c.277, s.13. 45:4B-14. Violation of act deemed professional misconduct a. Consistent with section 5 of this act, any licensed architect who, or business association authorized to offer architectural services which, violates this act shall be disciplined by the New Jersey State Board of Architects. Such a violation shall be deemed professional misconduct. Any professional engineer who, or business association authorized to offer engineering services which, violates this act shall be disciplined by the State Board of Professional Engineers and Land Surveyors. Such a violation shall be deemed professional misconduct. b. Any violation of this act by an unlicensed individual or unauthorized business association shall be disciplined by the New Jersey State Board of Architects pursuant to the provisions of P.L.1978, c.73 (C.45:1-14 et seq.). Such a violation shall be deemed the unlicensed practice of architecture. However, the design of an engineering work by an unlicensed individual or unauthorized business association shall be disciplined by the State Board of Engineers and Land Surveyors pursuant to the provisions of P.L.1978, c.73 (C.45:1-14 et seq.). Such a violation shall be deemed the unlicensed practice of engineering. L.1989, c.277, s.14.
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers
New Jersey Statutes Annotated Title 45, Chapter 8
Professional Engineers and Land Surveyors 45:8-1 to 45:8-26. Repealed by L. 1938, c.342. 45:8-27. License required; display of license; exceptions; corporations, firms, partnerships and associations In order to safeguard life, health and property, and promote the public welfare, any person practicing or offering to practice professional engineering or professional land surveying in this State shall hereafter be required to submit evidence that he is qualified so to practice and shall be licensed as hereinafter provided. After the date upon which this chapter becomes effective, it shall be unlawful for any person to practice or to offer to practice engineering or land surveying in this State, or to use the title professional engineer or land surveyor or any other title, sign, card or device in such manner as to tend to convey the impression that such person is practicing engineering or land surveying or is a professional engineer or land surveyor, unless such person is duly licensed under the provisions of this chapter. Every holder of a license shall display it in a conspicuous place in his principal office, place of business or employment. No corporation, firm, partnership or association shall be granted a license under this chapter; however, certain corporations shall be required to obtain a certificate of authorization as provided pursuant to P.L.1989, c.276 (C.45:8-56 et al.). No corporation, firm, partnership or association shall use or assume a name involving the word "engineers" or "engineering" or any modification or derivative of such terms, unless an executive officer, if a corporation, or a member, if a firm, partnership or association, shall be a licensed professional engineer of the State of New Jersey. No corporation, firm, partnership or association shall use or assume a name involving the words "surveyors," "land surveyors," "surveying," or "land surveying," or any modification or derivative of such terms, unless an executive officer, if a corporation, or a member, if a firm, partnership, or association, shall be a licensed land surveyor of the State of New Jersey. No corporation, firm, partnership or association shall practice or offer to practice engineering or land surveying in this State unless the person or persons in responsible charge of engineering or land surveying work shall be so licensed to practice in this State. The person or persons carrying on the actual practice of professional engineering or land surveying on behalf of or designated as "engineers" or "surveyors" or "professional engineers" or "land surveyors," with or without qualifying or characterizing words, by any such corporations, firms, partnerships or associations, shall be licensed to practice professional engineering or land surveying as provided in this chapter. Services constituting the practice of professional engineering shall not be rendered or offered through any business association other than a sole proprietorship of a professional engineer, a partnership of professional engineers, a partnership of closely allied professionals including at least one professional engineer, a professional service corporation established pursuant to the "Professional Service Corporation Act," P.L.1969, c.232 (C.14A:17-1 et seq.) or a corporation authorized pursuant to P.L.1989, c.276 (C.45:8-56 et al.).
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers Services constituting the practice of land surveying shall not be rendered or offered through any business association other than a sole proprietorship of a land surveyor, a partnership of land surveyors, a partnership of closely allied professionals including at least one land surveyor, a professional service corporation established pursuant to the "Professional Service Corporation Act," P.L.1969, c.232 (C.14A:17-1 et seq.) or a corporation authorized pursuant to P.L.1989, c.276 (C.45:8-56 et al.). Nothing in this act shall be construed as required licensing for the purpose of practicing professional engineering or land surveying by any person, firm, or corporation upon property owned or leased by such person, firm or corporation, unless the same involves the public safety, public health or public welfare. L.1938, c.342, s.1; amended 1947,c.60,s.1; 1950,c.149,s.1; 1970,c.177,s.1; 1989,c.276,s.1. 45:8-28. Definitions 2. (a) The term "professional engineer" within the meaning and intent of this chapter shall mean a person who by reason of his special knowledge of the mathematical and physical sciences and the principles and methods of engineering analysis and design, acquired by professional education and practical experience, is qualified to practice engineering as hereinafter defined as attested by his license as a professional engineer. (b) The terms "practice of engineering" or "professional engineering" within the meaning and intent of this chapter shall mean any service or creative work the adequate performance of which requires engineering education, training, and experience and the application of special knowledge of the mathematical, physical and engineering sciences to such services or creative work as consultation, investigation, evaluation, planning and design of engineering works and systems, planning the use of land and water, engineering studies, and the administration of construction for the purpose of determining compliance with drawings and specifications; any of which embraces such services or work, either public or private, in connection with any engineering project including: utilities, structures, buildings, machines, equipment, processes, work systems, projects, telecommunications, or equipment of a mechanical, electrical, hydraulic, pneumatic or thermal nature, insofar as they involve safeguarding life, health or property, and including such other professional services as may be necessary to the planning, progress and completion of any engineering services. The design of buildings by professional engineers shall be consistent with section 7 of the "Building Design Services Act," P.L.1989, c.277 (C.45:4B-7). The practice of professional engineering shall not include the work ordinarily performed by persons who operate or maintain machinery or equipment. The provisions of this chapter shall not be construed to prevent or affect the employment of architects in connection with engineering projects within the scope of the act to regulate the practice of architecture and all the amendments and supplements thereto. A person shall be construed to practice or offer to practice engineering, within the meaning and intent of this chapter, who practices any branch of the profession of engineering; or who, by verbal claim, sign, advertisement, letterhead, card, or in any other way represents himself to be a professional engineer, or through the use of some other title utilizing or including the word
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers engineer, implies that he is a professional engineer; or who represents himself as able to perform, or who does perform any engineering service or work or any other professional service recognized by the board as professional engineering. Nothing herein shall prohibit licensed architects from providing or offering services consistent with the "Building Design Services Act," P.L.1989, c.277 (C.45:4B-1 et seq.). (c) The term "engineer-in-training" as used in this chapter shall mean a person who is a potential candidate for license as a professional engineer who is a graduate in an approved engineering curriculum of four years or more from a school or college accredited by the board as of satisfactory standing, and who, in addition, has successfully passed an examination in the fundamental engineering subjects, as defined elsewhere herein. (d) The term "land surveyor" as used in this chapter shall mean a person who is a professional specialist in the technique of measuring land, educated in the principles of mathematics, the related physical and applied sciences, and the relevant requirements of law, all requisite to the practice of land surveying as attested by his license as a land surveyor. (e) The term "practice of land surveying" within the meaning and intent of this chapter shall mean any service or work the adequate performance of which involves the application of special knowledge of the principles of mathematics, the related physical and applied sciences and the relevant requirements of law to the act of measuring and locating distances, directions, elevations, natural and man-made topographical features in the air, on the surface of the earth, within underground workings, and on beds of bodies of water for the purpose of determining areas and volumes, and for the establishing of horizontal and vertical control as it relates to construction stake-out, for the monumentation of property boundaries and for the platting and layout of lands and subdivisions thereof and for the preparation and perpetuation of maps, record plats, field notes, records and property descriptions in manual and computer coded form that represent these surveys. The practice of land surveying shall include the establishment and maintenance of the base mapping and related control for land information systems that are developed from the above referenced definition of the practice of land surveying. For purposes of this subsection, "land information systems" means any computer coded spatial database designed for multi-purpose public use developed from or based on property boundaries. A person who engages in the practice of land surveying; or who, by verbal claim, sign, advertisement, letterhead, card or in any other way represents himself to be a land surveyor or professional surveyor; or who represents himself as able to perform any land surveying service or work or any service which is recognized as within the practice of land surveying shall be deemed to practice or offer to practice land surveying. Nothing in this chapter shall preclude a person licensed by the board as a professional engineer from performing those measurements necessary for the design, construction stake-out, construction and post-construction records of an engineering project, provided that these measurements are not related to property lines, lot lines, easement lines, or right-of-way lines, the establishment of which are required to be made by a land surveyor.
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers (f) The term "board" as used in this chapter shall mean the State Board of Professional Engineers and Land Surveyors. (g) The term "responsible charge" as used in this chapter shall mean the rendering of regular and effective supervision by a competent professional engineer or land surveyor to those individuals performing services which directly and materially affect the quality and competence of the professional services rendered by the licensee. A licensee engaged in any of the following acts or practices shall be deemed not to have rendered regular and effective supervision: (1) The regular and continuous absence from principal office premises from which professional services are rendered, except for performance of field work or presence in a field office maintained exclusively for a specific project; (2) The failure to personally inspect or review the work of subordinates where necessary and appropriate; (3) The rendering of a limited, cursory or perfunctory review of plans or projects in lieu of an appropriate detailed review; (4) The failure to personally be available on a reasonable basis or with adequate advance notice for consultation and inspection where circumstances require personal availability. (h) The term "certificate of authorization" shall mean a certificate issued by the board pursuant to this amendatory and supplementary act. (i) The term "joint committee" shall mean the Joint Committee of Architects and Engineers established pursuant to the "Building Design Services Act," P.L.1989, c.277 (C.45:4B-1 et seq.). (j) The term "closely allied professional" as used in this chapter shall mean and is limited to licensed architects, professional engineers, land surveyors, and professional planners. (k) The term "telecommunications" as used in this chapter, shall mean, as it is applied to the practice of engineering, subjects which deal with the generation, transmission, receiving, and processing of information bearing signals for the purpose of fulfilling a particular communication need. The most common forms of signals are those encountered in voice, image and data transmission. Subjects relevant to telecommunications include but are not limited to: analog and digital circuits, propagation of electromagnetic energy through guided media such as a transmission line, fibers, wave guides, and unguided media such as free space as in broadcast and mobile communication systems, communication theory, including modulation, noise interference, and the interface with computers. (l) The term "surveyor-in-training" as used in this chapter shall mean a person who is a potential candidate for licensure as a land surveyor, who is a graduate in an approved surveying curriculum of four years or more from a school or college accredited by the board as of satisfactory standing, and who, in addition, has successfully passed an examination in the fundamental surveying subjects, approved by the board pursuant to section 9 of P.L. 1938, c.342 (C.45:8-35). L.1938,c.342,s.2; amended 1950,c.149,s.2; 1970,c.177,s.2; 1977,c.340,s.1; 1989,c.276,s.2; 1992,c.64,s.1.
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers 45:8-29. Examining board To carry out the provisions of this chapter, there is hereby created an examining board for the licensing of professional engineers and land surveyors, and the certification of engineers-in-training, which board shall consist of ten members, two of whom shall be public members and one of whom shall be a State executive department member appointed pursuant to the provisions of P.L. 1971, c. 60 (C. 45:1-2.1 et seq.). Each of the remaining seven members shall be appointed by the Governor of the State of New Jersey, with the advice and consent of the Senate, within sixty days after the passage of this chapter, or as soon as practicable thereafter. The members of said board shall be appointed to serve for a term of five years, one of which shall expire each calendar year. The two members added by this 1985 amendatory act shall be appointed as soon as practicable by the Governor, with the advice and consent of the Senate, one for a term to end April 30 of the third year after appointment and one for a term to end April 30 of the fourth year after appointment. Thereafter, each member shall hold office after the expiration of his term until his successor shall be duly appointed and qualified. A member of the board shall not be eligible to succeed himself more than once, except that the present members of the board shall be eligible to succeed themselves once hereafter. The terms of office of the members of said board shall commence on the first day of May. Vacancies in the membership of the board, however created, shall be filled by appointment of the Governor, with the advice and consent of the Senate, for any unexpired term, and for each five-year term. Notwithstanding anything herein contained, the present members of the State board shall continue in office as members of said board until their present respective terms expire, except as provided elsewhere herein for removal. To supervise all necessary administrative work of the board, there is hereby created the position of secretary-director to the board. The board shall appoint such a secretary-director, to serve for a term of five years, at a salary determined by the board. Duties of the secretary-director of the board shall be those defined by the board. The secretary-director of the board shall not be a member of the board. The board may provide for the creation of additional positions, as deemed necessary to make effective the provisions of this act. The board shall arrange through lease or otherwise to maintain suitable offices within the State of New Jersey for the conduct of the business of the board. L. 1938, c. 342, p. 854, s. 3. Amended by L. 1939, c. 339, p. 820, s. 1; L. 1950, c. 149, p. 313, s. 3; L. 1985, c. 146, s. 1, eff. April 24, 1985. 45:8-30. Board of Professional Engineers, Land Surveyors Said board, when so appointed, shall be designated and known as the "State Board of Professional Engineers and Land Surveyors." All persons appointed to the said board shall be citizens of the United States and residents of the State of New Jersey. Appointees, other than the two public members and the State executive department member appointed pursuant to the provisions of P.L. 1971, c. 60 (C. 45:1-2.1 et seq.) and the two appointees added pursuant to this 1985 amendatory act, shall have been licensed as
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers professional engineers in New Jersey for a period of at least five years, at least one member of whom shall also be a licensed land surveyor and the two appointees added pursuant to this 1985 amendatory act and their successors shall have been licensed as professional land surveyors in this State for a period of at least five years. The Governor may remove any member of the board after hearing, for misconduct, incompetency, neglect of duty or for any other sufficient cause. Each member of the board shall receive $50.00 for each day of actual service in attending meetings of the board at which business is transacted, and not to exceed $1,000.00 a year for each member and, in addition, shall be reimbursed for all necessary expenses, incidental to their duties as members of said board, incurred in carrying out the provisions of this chapter. L. 1938, c. 342, p. 854, s. 4. Amended by L. 1939, c. 339, p. 822, s. 2; L. 1950, c. 149, p. 314, s. 4; L. 1968, c. 80, s. 1, eff. June 21, 1968; L. 1985, c. 146, s. 2, eff. April 24, 1985. 45:8-31. Oath of members; filing; duty of Attorney General; powers of board; compelling compliance with subpoena Each member of the examining board before entering upon the duties of his office, shall subscribe to an official oath of office as provided by section 41:1-3 of the Title, Oaths and Affidavits, of the Revised Statutes, which oath shall be filed in the office of the Secretary of State. The examining board shall be entitled to the services of the Attorney-General in connection with the affairs of the board and the board shall have power to compel the attendance of witnesses, and any member thereof may administer oaths and the board may take testimony and proofs concerning any matters within its jurisdiction. The board shall adopt and have an official seal. In carrying into effect the provisions of this chapter, the board may, under the hand of its president and the seal of the board, subpoena witnesses and compel their attendance, and also may require the production of books, papers, documents, et cetera, in a case involving the revocation of license or practicing or offering to practice without license. If any person shall refuse to obey any subpoena so issued, or shall refuse to testify or produce any books, papers or documents, the board may apply ex parte to the Superior Court to compel the person to comply forthwith with the subpoena. L.1938, c. 342, p. 855, s. 5. Amended by L.1939, c. 339, p. 823, s. 3; L.1950, c. 149, p. 314, s. 5; L.1953, c. 43, p. 803, s. 37; L.1953, c. 428, p. 2163, s. 11. 45:8-32. Meetings; officers Said examining board shall at its annual meeting to be held in May organize by electing a president and vice-president, who shall be members of the board. The secretary-director shall furnish bond for the faithful performance of his duties in such sum
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers as required by law. Premium for said bond shall be regarded as a proper and necessary expense of the board. Said board shall meet at least every two months and special meetings may be held at such times as called by the president. A majority of the voting members of the board shall constitute a quorum and no action of the board shall be taken except upon the affirmative vote of a majority of the members of the entire board. L. 1938, c. 342, p. 856, s. 6. Amended by L. 1939, c. 339, p. 824, s. 4; L. 1950, c. 149, p. 315, s. 6; L. 1985, c. 146, s. 3, eff. April 24, 1985. 45:8-33. Itemized account to be kept; report; filing; forwarding to Attorney-General An itemized account of all receipts and expenditures of the board shall be kept by the said secretary-director and a detailed report thereof, verified by the affidavit of said secretary-director, shall be filed with the Director of Division of Budget and Accounting, Department of the Treasury, within twenty days after the close of the fiscal year. A copy of this report shall be forwarded also to the office of the Attorney-General, as head of the Department of Law and Public Safety. L.1938, c. 342, p. 857, s. 7. Amended by L.1939, c. 339, p. 824, s. 5; L.1950, c. 149, p. 316, s. 7. 45:8-34. Records; proceedings of examining board; applicants for licenses; evidence The examining board shall keep a record of its proceedings and a record of all applicants for license, showing for each the date of application, name, age, education and other qualifications, place of business and place of residence, whether or not an examination was required and whether the applicant was rejected or a certificate of license granted, and the date of such action. The books and register of the examining board shall be prima facie evidence of all matters recorded therein. A public register showing the names and places of business and residences of all licensed professional engineers and land surveyors and engineers-in-training shall be prepared under the direction of the secretary-director during the month of June of each year; such public register shall be printed and a copy mailed to each licensee and a copy mailed to the clerk of each city, town, township, village, borough, county and other municipal corporation of this State, which public register shall be placed on file in the office of the said clerk. L.1938, c. 342, p. 857, s. 8. Amended by L.1950, c. 149, p. 316, s. 8. 45:8-35. Applications for license, certificate of registration; fees; qualifications; evidence of qualifications; examination 9. Applications for license as professional engineers shall be on forms prescribed and furnished by the board, shall contain statements under oath, showing the applicant's education and detailed statement of his engineering experience, and shall contain not less than five references, of whom three or more shall be licensed professional engineers having personal
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers knowledge of the applicant's engineering experience. The application fee for professional engineers shall be set by the board and shall accompany the application. Applications for license as land surveyors shall be on forms prescribed and furnished by the board, shall contain statements under oath, showing the applicant's education and detailed statement of his land surveying experience, and shall contain not less than five references, of whom three or more shall be licensed land surveyors having personal knowledge of the applicant's land surveying experience. The application fee for land surveyors shall be set by the board and shall accompany the application. Applications for a certificate of registration as "engineer-in-training" shall be on forms prescribed and furnished by the board, shall be accompanied by a fee set by the board and shall contain the names of three references of whom at least one shall be a professional engineer having personal knowledge of the applicant's engineering education, experience or training. Applications for a certificate of registration as "surveyor-in-training" shall be on forms prescribed and furnished by the board, shall be accompanied by a fee set by the board and shall contain the names of three references of whom at least one shall be a licensed land surveyor having personal knowledge of the applicant's surveying education, experience or training. All application fees shall be retained by the board. The following shall be considered as minimum evidence satisfactory to the board that the applicant is qualified for a license as a professional engineer, or as a land surveyor, or for certificate of registration as an engineer-in-training or a surveyor-in-training, to wit: (1) As a professional engineer: a. Graduation from a board approved curriculum in engineering of four years or more; a specific record of an additional four years or more of experience in engineering work of a character satisfactory to the board, and indicating that the applicant is competent to be placed in responsible charge of such work; and successfully passing all parts of the written examination; or b. Graduation from a board approved curriculum in engineering technology of four years or more; a specific record of an additional six years or more of experience in engineering work of a character satisfactory to the board, and indicating that the applicant is competent to be placed in responsible charge of such work; and successfully passing all parts of the written examination; or c. Graduation from a board approved curriculum in engineering or engineering technology of four years or more; a specific record of an additional 15 years or more of experience in
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers engineering work of a character satisfactory to the board and indicating that the applicant is competent to be placed in responsible charge of such work; and successfully passing the specialized portion of the written examination which is designated as Part P; or d. (Deleted by amendment, P.L.1989, c.276.) e. A certificate of registration, issued by any state or territory or possession of the United States, or of any country, may, in the discretion of the board, be accepted as minimum evidence satisfactory to the board that the applicant is qualified for registration as a professional engineer; provided that the minimum requirements for examination and license by the issuing agency in effect at the time of application to the issuing agency, which the applicant satisfied in order to qualify for examination by that issuing agency, are at least comparable to those same minimum requirements of the board which were in effect in this State at that time; and provided that the applicant has not failed any portion of a nationally administered, two-day examination, required by the board, that was taken in order to receive licensure by the issuing agency. (2) As a land surveyor: a. (i) Until December 31, 1990, successful completion of a board approved program in surveying in a school or college approved by the board as of satisfactory standing; an additional four years or more of experience in land surveying work of a character satisfactory to the board and indicating that the applicant is competent to be placed in responsible charge of such work; and successfully passing a written examination; or (ii) Effective January 1, 1991, graduation from a board approved curriculum in surveying of four years or more; an additional three years or more of experience in land surveying work of a character satisfactory to the board and indicating that the applicant is competent to be placed in responsible charge of that work; and successfully passing all parts of the written examination; or b. Until December 31, 1990, successfully passing a written examination in surveying prescribed by the board; and a specific record of six years or more of experience in land surveying work of a character satisfactory to the board and indicating that the applicant is competent to be placed in responsible charge of such work; or c. (Deleted by amendment, P.L.1977, c.340.) d. A certificate of registration, issued by any state or territory or possession of the United States, or of any country, may, in the discretion of the board, be accepted as minimum evidence satisfactory to the board that the applicant is qualified for registration as a land surveyor; provided that the minimum requirements for examination and license by the issuing agency in effect at the time of application to the issuing agency, which the applicant satisfied in order to qualify for examination by that issuing agency, are at least comparable to those same minimum requirements of the board which were in effect in this State at that time; and provided that the issuing agency attests to the licensing criteria at the time of the applicant's original licensure in that jurisdiction, and the applicant receives a passing grade on the New Jersey specific portion of the current land surveying examination and any portions of a nationally administered two-day
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers examination required by the board not already passed by the applicant. (3) As an engineer-in-training: a. Graduation from a board approved curriculum in engineering or engineering technology of four years or more; and successfully passing the fundamentals portion of the written examination which is designated as Part F. b. (Deleted by amendment, P.L.1989, c.276.) (4) As a surveyor-in-training: Graduation from a board approved curriculum in land surveying of four years or more; and successfully passing the fundamentals portion of a board approved written examination. Qualifications for professional engineers. An applicant for license as a professional engineer shall be able to speak and write the English language. All applicants shall be of good character and reputation. Completion of a master's degree in engineering shall be considered as equivalent to one year of engineering experience and completion of a doctor's degree in engineering shall be considered as equivalent to one additional year of engineering experience. In considering the qualifications of applicants, engineering teaching experience may be considered as engineering experience for a credit not to exceed two years. The mere execution, as a contractor, of work designed by a professional engineer, or the supervision of construction of such work as a foreman or superintendent, or the observation of construction as an inspector or witness shall not be deemed to be experience in engineering work. Any person having the necessary qualifications prescribed in this chapter to entitle him to a license shall be eligible for such license, although he may not be practicing his profession at the time of making the application. A quorum of the examining board shall not be required for the purpose of passing upon the issuance of a license to any applicant; provided that no action on any application shall be taken without at least three votes in accord. Engineering experience of a character satisfactory to the board shall be determined by the board's evaluation of the applicant's experience relative to the ability to design and supervise engineering projects and works so as to insure the safety of life, health and property. The scope of the examination for professional engineering and methods of procedure shall be prescribed by the board with special reference to the applicant's ability to design and supervise engineering projects and works so as to insure the safety of life, health and property. An examination shall be given for the purpose of determining the qualifications of applicants for license in professional engineering. A candidate failing an examination may apply for reexamination to the extent permitted by regulations of the board. Subsequent examinations will
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers require the payment of fees set by the board. The board shall schedule at least two examinations per year, with dates and places to be determined by the board. Examinations of applicants for license as professional engineers will be divided into two parts, as follows: Part F--Fundamentals of Engineering--This examination is intended to assess the applicant's competency in the fundamental engineering subjects and basic engineering sciences, such as mathematics, chemistry, physics, statistics, dynamics, materials science, mechanics of materials, structures, fluid mechanics, hydraulics, thermodynamics, electrical theory, and economics. A knowledge of P.L.1938, c.342 (C.45:8-27 et seq.) is also required. Part P--Specialized Training--This examination is intended to assess the extent of the applicant's more advanced and specialized professional training and experience especially in his chosen field of engineering. Applicants for certificates of registration as engineers-in-training shall qualify by satisfactorily passing the fundamentals portion of the written examination. The scope, time and place of the examinations for applicants for certificates of registration as "engineers-in-training" shall be prescribed by the board. A candidate failing an examination may apply for reexamination to the extent permitted by the regulations of the board. Subsequent examinations will require the payment of fees set by the board. Qualifications for land surveyors. An applicant for license as a land surveyor shall be able to speak and write the English language. All applicants shall be of good character and reputation. Completion of a master's degree in surveying shall be considered as equivalent to one year of surveying experience and completion of a doctor's degree in surveying shall be considered as equivalent to one additional year of surveying experience. In considering the qualifications of applicants, survey teaching experience may be considered as surveying experience for a credit not to exceed two years. In determining whether an applicant's experience is satisfactory for licensure, the board shall consider whether the applicant has demonstrated the ability to perform, manage and supervise field and office surveying activities and works so as to insure the safety of life, health and property. An examination shall be given for the purpose of determining the qualifications of applicants for license in land surveying. The content of the examination for land surveying and methods of procedure shall be prescribed by the board with emphasis upon the applicant's ability to supervise land surveying projects and works. A candidate failing an examination may apply for reexamination to the extent permitted by regulations of the board. Subsequent examinations will require the payment of fees set by the board. The board shall schedule at least two examinations per year, with dates and places to be determined by the board. Examinations of applicants for license as land surveyors shall be divided into two parts, as
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers follows: Part F--Fundamentals of Land Surveying--This examination is intended to assess the applicant's competency in the fundamental surveying subjects and basic surveying sciences, including, but not limited to, mathematics, chemistry, physics, statistics, dynamics, boundary law, real estate law, and economics. A knowledge of P.L.1938, c.342 (C.45:8-27 et seq.) is also required. Part P--Specialized Training--This examination is intended to assess the extent of the applicant's more advanced and specialized professional training and experience in the field of land surveying. Applicants for certificates of registration as surveyors-in-training shall qualify by satisfactorily passing the fundamentals portion of the written examination. The scope, time and place of the examinations for applicants for certificates of registration as "surveyors-in-training" shall be prescribed by the board. A candidate failing an examination may apply for reexamination to the extent permitted by the regulations of the board. Subsequent examinations will require the payment of fees set by the board. L.1938,c.342,s.9; amended 1950,c.149,s.9; 1959,c.61,s.1; 1977,c.340,s.2; 1985,c.31; 1989,c.276,s.3; 1992,c.64,s.2;, 1994,c.171. 45:8-35.1. Licensed architects may be licensed as professional engineers; examination Any architect who is duly licensed to practice architecture in this State, provided he has a college degree in a program or curriculum of four years or more, shall be entitled to be licensed to engage in the practice of professional engineering upon application therefor to the State Board of Professional Engineers and Land Surveyors, and upon satisfactorily passing that part of an examination limited solely to specialized training of engineers, and which is now designated as Part P thereof. Such applicant shall be examined, according to the limitation herein provided, at a regularly conducted examination for applicants for license as professional engineer. L.1952, c.130, s.1; amended 1989,c.276,s.5. 45:8-35.2. Continuing professional competency credits required for certification 1. The State Board of Professional Engineers and Land Surveyors shall require each person licensed as a land surveyor, as a condition for biennial certification pursuant to P.L.1938, c.342 (C.45:8-27 et seq.) and P.L.1972, c.108 (C.45:1-7), to complete not more than 24 credits of continuing professional competency relating to the practice of land surveying, as provided in section 2 of this act, during each biennial registration period. L.1993,c.39,s.1. 45:8-35.3. Duties of board 2. a. The board shall: (1) Establish standards for continuing professional competency in land surveying, including the subject matter and content of courses of study, which shall be in conformity with a national
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers model, such as that of the National Council of Examiners for Engineering and Surveying; (2) Approve educational programs offering credit towards the continuing professional competency in land surveying requirements; and (3) Approve other equivalent educational programs, including, but not limited to, meetings of constituents and components of land surveying associations and other appropriate professional and technical associations recognized by the board, examinations, papers, publications, technical presentations, teaching and research appointments and technical exhibits, and shall establish procedures for the issuance of credit upon satisfactory proof of the completion of these programs. b. In the case of education courses and programs, each hour of instruction shall be equivalent to one credit. L.1993,c.39,s.2. 45:8-35.4. Board to establish procedures 3. The board shall: a. Establish procedures for monitoring compliance with the land surveying continuing professional competency requirements; and b. Establish procedures to evaluate and grant approval to providers of continuing professional competency in land surveying. L.1993,c.39,s.3. 45:8-35.5. Board may waive requirements 4. The board may, in its discretion, waive requirements for continuing professional competency in land surveying on an individual basis for reasons of hardship such as illness or disability, service in the armed forces of the United States of America, retirement of the license, or other good cause. L.1993,c.39,s.4. 45:8-35.6. Credits not required for initial registration 5. The board shall not require completion of land surveying continuing professional competency credits for initial registration. L.1993,c.39,s.5. 45:8-35.7. Prorating of credits 6. a. The board shall not require completion of land surveying continuing professional competency credits for any certification periods commencing within 12 months of the effective date of this act. b. The board shall require completion of land surveying continuing professional competency
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers credits on a pro rata basis for any certification periods commencing more than 12 but less than 24 months following the effective date of this act. L.1993,c.39,s.6. 45:8-35.8. Proof of completion of credits 7. The board shall accept as proof of completion of continuing professional competency program credits documentation submitted by a person licensed as a land surveyor or by any entity offering a continuing professional competency program approved by the board pursuant to section 2 of this act. L.1993,c.39,s.7. 45:8-35.9. Failure to complete professional competency requirements; penalty 8. Any person who fails to complete the continuing professional competency requirements established pursuant to section 1 of this act shall be liable to a civil penalty of not more than $500 or additional hours of continuing professional competency in land surveying, or both, as imposed by the board, for a first offense. A second or subsequent offense by a licensee shall be considered professional misconduct pursuant to the provisions of P.L.1938, c.342 (C.45:8-27 et seq.) and P.L.1978, c.73 (C.45:1-14 et seq.). L.1993,c.39,s.8.
45:8-35.10. Carryover of credits 9. The board shall allow a land surveyor to carry over a maximum of eight continuing professional competency credits to the next biennial certification period. L.1993,c.39,s.9.
45:8-36. Certificates 10. Certificates. The board shall issue a license certificate upon payment of the application fee as provided in this chapter, to any applicant who, in the opinion of the board, has satisfactorily met all the requirements of this chapter, and who has paid the license fee to cover licensure for the year or fraction thereof in which such license is issued. In the case of a licensed professional engineer the certificate shall authorize the practice of the applicant as a "professional engineer" and in the case of a licensed land surveyor as a "land surveyor," or as "professional engineer and land surveyor" when the applicant qualifies in both classifications. Certificates of license shall show the full name of the licensee, shall have a license number and shall be signed by the president and the secretary-director of the board under the seal of the board. The issuance of a license certificate by this board shall be evidence that the person named therein is entitled to all the rights and privileges of a licensed professional engineer or a licensed land surveyor, or as both as the case may be, while said certificate remains unrevoked, unexpired, or is not on a retired status list. Each professional engineer or land surveyor shall upon receipt of license certificate, obtain a seal of a design authorized by the board, bearing his name, license number and the legend "Licensed Professional Engineer," "Licensed Land Surveyor," or "Licensed Professional Engineer and Land Surveyor," as the case may be. Plans, specifications, plats, and reports issued
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers by persons authorized under this chapter shall be sealed with said seal, during the life of the licensee's certificate, but it shall be unlawful for anyone to stamp or seal any documents with said seal after the certificate of the licensee named thereon has expired, has been revoked, or is on a retired status list, unless said certificate shall have been renewed, reissued or reinstated from retirement status as provided pursuant to section 3 of P.L.1995, c.36 (C.45:8-36.2). The exact method of fulfilling the requirement as to the sealing of documents shall be regulated by the board. All professional engineers licensed by this board prior to the passage of this chapter, shall continue to practice under the various classifications heretofore granted and within the branches of engineering indicated or may, upon application therefor, and the payment of a fee of $5.00 receive a new certificate under the title "professional engineer"; provided, said professional engineer presents evidence satisfactory to the board of his qualifications to practice in the field of general engineering comprehended in the title "professional engineer." All license certificates shall be recorded by the board in the office of the Secretary of State, in a book kept for that purpose and any recording fee as may be provided by law shall be paid by the applicant before the license certificate is delivered. The examining board shall be empowered to issue a certificate of registration as "Engineer-in-Training" or "Surveyor-in-Training," as the case may be, to an applicant who meets the qualifications outlined elsewhere herein. An applicant who meets the requirements of this act shall receive a certificate of registration as "Engineer-in-Training," or "Surveyor-in-Training," whichever is applicable, which certificate may remain in effect for a period of 10 years from the date of issuance. L.1938,c.342,s.10; amended 1950,c.149,s.10; 1977,c.340,s.3; 1992,c.64,s.3; 1995.c.36,s.1. 45:8-36.1. Use of title "professional land surveyor" 5. Any person licensed as a land surveyor pursuant to the provisions of P.L.1938, c.342 (C.45:8-27 et seq.) may use the title "professional land surveyor" in the scope of the practice of land surveying. L.1992,c.64,s.5. 45:8-36.2. Retirement procedures; resuming practice after retirement 3. A licensed professional engineer or land surveyor who has been licensed for a minimum of 25 years and is 62 years of age or older may apply to the board for retirement license status on a form furnished by the board. Upon receipt of the completed retired status application form and the board's determination that the licensee meets these requirements, the board shall declare the licensee retired and shall place the licensee on a retired status list. A person whose license is retired shall not offer or practice professional engineering or land surveying, or both, as the case may be, within the State. A person on the retired status list who wants to resume the practice of professional engineering
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers or land surveying, or both, as the case may be, shall make application in the manner determined by the board for reinstatement of licensure to the board as a professional engineer or land surveyor, as the case may be, and pay the prescribed reinstatement fee as required by regulation of the board. Any person who has been on the retired status list for five or more years shall furnish the board with satisfactory evidence of current knowledge, competency and skill in the practice of professional engineering or land surveying as required by law or any regulation of the board. L.1995,c.36,s.3. 45:8-36.3. Waiver of corner marker requirements for certain land surveying work
1. a. When a property survey is performed, appropriate corner markers shall be set either by a licensed land surveyor or under the supervision of a licensed land surveyor. These markers shall be set at each property corner not previously marked by a property marker, unless the actual corner is not accessible, or unless a written waiver signed by the ultimate user is obtained and retained for a period of not less than six years by the surveyor performing the survey.
b. Whenever a written waiver to omit corner markers is obtained pursuant to subsection a. of this section, the following notation shall be included on the plat or plan of survey:
"A written Waiver and Direction Not to Set Corner Markers has been obtained from the ultimate user pursuant to P.L.2003, c.14 (C45:8-36.3) and N.J.A.C. 13:40-5.1(d)."
c. Failure to comply with the provisions of P.L.2003, c.14 (C45:8-36.3) shall subject the licensee to a penalty of not greater than $2,500 for each violation, to be imposed pursuant to section 9 of P.L.1978, c.73 (C.45:1-22).
L.2003,c.14. 45:8-37. Expiration and renewal of licenses; fees; revocation on failure to renew license License certificates shall expire on the thirtieth day of April following issuance, renewal or reinstatement and shall become invalid on that day unless renewed. Licensees shall apply for renewal on or before the thirtieth day of April of each year. It shall be the duty of the secretary of the board to notify all persons licensed under this chapter of the date of the expiration of their certificates and the amount of the fee that shall be required for their renewal for one year; such notice shall be mailed to each licensee at his post-office address known to the board at least one month in advance of the date of expiration of said certificate. Renewal of any certificate issued under this chapter may be effected at any time during the month of April by the payment of the fee of five dollars ($5.00). The failure on the part of the licensee to renew his certificate annually in the month of April as required shall not deprive such person of the right of renewal during the ensuing year but the fee to be paid if the license be renewed in any month during the current year subsequent to April shall be seven dollars ($7.00) instead of five dollars ($5.00); and, if the license certificate be not renewed in the current year, the licensee shall pay a reinstatement fee of ten dollars ($10.00) plus five dollars ($5.00) for each year in which the licensee is in arrears. One notice to the licensee,
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers by mail, on or before April fifteenth, addressed to his last post-office address known to the board, informing him of his failure to have applied for a renewal of his license certificate, shall constitute legal notification of such delinquency by the board. The failure on the part of the licensee to renew his certificate within one year from the date of the expiration of said license certificate will automatically revoke such license certificate and the right of the person to practice thereafter shall be restored only upon the payment of the ten dollar ($10.00) reinstatement fee plus all arrearages. Continuing to practice as a "professional engineer" or as a "land surveyor" after the expiration of his license shall render the person so doing liable to all the penalties prescribed for practicing without a license certificate. L.1938, c. 342, p. 863, s. 11. Amended by L.1939, c. 339, p. 824, s. 6; L.1950, c. 149, p. 324, s. 11. 45:8-38. Repealed by L.1979, c. 432, s 1, eff. Feb. 14, 1980
45:8-39. Practice without license and other violations; penalties; actions for penalties 13. a. Any person who, hereafter, is not legally authorized to practice professional engineering or land surveying in this State according to the provisions of this act, who shall so practice or offer so to practice in this State, except as provided in section 14 of this act, or any person presenting or attempting to file as his own the certificate of license of another, or who shall give false or forged evidence of any kind to the board, or to any member or representative thereof, in obtaining a certificate of license, or who shall falsely impersonate another licensed practitioner of like or different name, or who shall use or attempt to use an expired certificate of license, an unexpired and revoked certificate of license, or a certificate of license which is on a retired status list, or who shall use either the title "Engineer-in-Training" or "Surveyor-in-Training" without holding a valid certificate of registration issued by the board, or who shall otherwise violate any of the provisions of this act, shall be subject to a penalty of not more than $200.00 for the first offense and not more than $500.00 for each and every subsequent offense. The penalties provided for by this section shall be sued for and recovered in civil actions by the State Board of Professional Engineers and Land Surveyors. b. Pursuant to the provisions of the "Building Design Services Act," P.L.1989, c.277 (C.45:4B-1 et seq.) the board: (1) May refer any complaint, question or controversy involving the application of that act to the joint committee. (2) Shall take no disciplinary action against any licensed architect alleged to have engaged in a violation of that act or the unlicensed practice of engineering. (3) Shall refer a request for a declaratory ruling to the joint committee. (4) Shall provide any and all documents in its possession regarding any matter referred to the joint committee. (5) Shall, when necessary and appropriate, exercise the investigation or enforcement powers
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers conferred by law to aid and assist the joint committee in its functions. (6) Shall, consistent with that act, discipline any professional engineer who, or business association authorized to offer engineering services which, violates that act. Such a violation shall be deemed professional misconduct. Any violation of that act by an unlicensed individual or unauthorized business association shall be disciplined by the New Jersey State Board of Architects pursuant to the provisions of P.L.1978, c.73 (C.45:1-14 et seq.). Such a violation shall be deemed the unlicensed practice of architecture. However, the design of an engineering work by an unlicensed individual or unauthorized business association shall be disciplined by the State Board of Professional Engineers and Land Surveyors pursuant to the provisions of P.L.1978, c.73 (C.45:1-14 et seq.). Such a violation shall be deemed the unlicensed practice of engineering. c. No person, firm, partnership, association or corporation shall bring or maintain any action in the courts of this State for the collection of compensation for services constituting the practice of engineering or land surveying without alleging and proving that he was duly licensed in accordance with this chapter at the time the alleged cause of action arose. d. The Superior Court shall have jurisdiction of actions for penalties under this act. L.1938,c.342,s.13; amended 1947,c.60,s.2; 1950,c.149,s.13; 1952,c.129; 1953,c.43,s.38; 1970,c.177,s.3; 1989,c.276,s.4; 1992,c.64,s.4; 1995,c.36,s.2. 45:8-40. Persons exempt The following shall be exempted from the provisions of this chapter: (1) A person not a resident of and having no established place of business in this State, practicing or offering to practice herein professional engineering or land surveying within the meaning and intent of this chapter, when such practice does not exceed in the aggregate 30 consecutive days in any calendar year; provided, such person is legally qualified by license to practice said professional engineering or land surveying in any State or country in which the requirements and qualifications for a certificate of license are at least comparable to those specified in this chapter. However, no final plans or reports may be submitted under this provision. (2) A person not a resident of and having no established place of business in this State, or who has recently become a resident thereof, practicing or offering to practice herein for more than 30 days in any calendar year professional engineering or land surveying, if he shall have filed with the board an application for a certificate of license and shall have paid the fee required by this chapter; provided, that such a person is legally qualified to practice said professional engineering or land surveying in any State or country in which the requirements and qualifications for obtaining a license are at least comparable to those specified in this chapter. Such exemption shall continue only for such time as the board requires for the consideration of the application for license certificate.
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers (3) An employee or a subordinate of a person holding a license under this chapter or an employee of a person exempted from license by subsections (1) and (2) of this section; provided, this practice does not include responsible charge of design or supervision. (4) Officers and employees of the Government of the United States while engaged within this State in the practice of professional engineering or land surveying, for said government. (5) The practice of engineering or land surveying solely as an officer or employee of a corporation engaged in interstate commerce as defined in an act of Congress entitled "Act to regulate commerce," approved February 4, 1887, and as amended, unless the same affects public safety or health. L.1938, c. 342, p. 866, s. 14. Amended by L.1950, c. 149, p. 327, s. 14; L.1977, c. 340, s. 5, eff. Jan. 25, 1978. 45:8-41. Licensed engineers and surveyors on public contracts or works required Hereafter no county, city, town, township, village, borough or other municipal corporations or other political subdivisions in the State shall engage in the design, construction or maintenance of any public work involving professional engineering for which plans, specifications and estimates have not been made by and the construction and maintenance supervised by a licensed professional engineer or a registered architect, nor shall any county, city, town, township, village, borough or other municipal corporation or other political subdivision in the State employ any person to perform work involving land surveying except a licensed land surveyor. L.1938, c. 342, p. 867, s. 15. Amended by L.1950, c. 149, p. 328, s. 15. 45:8-42. Employment of licensed engineers by governmental departments No department, institution, commission, board or body of the State Government, or of any political subdivision thereof shall designate, appoint or employ an engineer or any person to be in responsible charge of professional engineering work other than a duly qualified professional engineer who has been licensed by the State of New Jersey, prior to the designation, appointment or employment by such department, institution, commission, board or body of the State Government, or any political subdivision thereof. Notwithstanding anything in this chapter to the contrary no professional engineer licensed in this State prior to the passage of this chapter and holding an appointment by the State or by any department, institution, commission, board or body of the State Government, or any political subdivision thereof, shall be deprived of the right of reappointment to the same office or position or appointment to any other office or position requiring similar qualifications. L.1938, c. 342, p. 867, s. 16. Amended by L.1950, c. 149, p. 329, s. 16.
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers 45:8-43. Filing of name of engineer engaged by governmental departments; employment of engineers and land surveyors The clerk of such department, institution, commission, board or body of the State Government or of any political subdivision thereof shall file with the secretary-director of the State Board of Professional Engineers and Land Surveyors the name of any engineer designated, appointed or employed, within 30 days after appointment. Where professional engineers or land surveyors are employed, subject to the provisions of the civil service law, the appointment of any such person shall be understood to mean and include appointment after such person has been certified as having satisfactorily passed a civil service examination. No person, firm, association or corporation engaged in engineering or land surveying, shall employ an engineer or land surveyor, in responsible charge of any work, within the meaning and intent of this act, other than a duly qualified professional engineer or land surveyor, who has been licensed pursuant to the provisions of this chapter, prior to such employment by the person, firm, association or corporation so engaged in engineering or land surveying; provided, however, that nothing in this chapter shall apply to any public utility as defined in chapter 2 of Title 48 of the Revised Statutes, or any employee thereof or to any improvement or proposed improvement made by any such public utility or by any employee of or any contractor or agent for said public utility. Nothing in this chapter shall apply to a corporation or any of its affiliated companies any of which are in the field of telecommunications or any employee thereof where either said corporation or any of its affiliated companies is subject to the jurisdiction of the State Board of Public Utilities or the Federal Communications Commission. Nothing in this chapter shall apply to a corporation in the field of telecommunications, or to its affiliates, or any employees thereof in which the primary business is research and technical development manufacturing or product design. L.1938, c.342, s.17; amended 1950,c.149,s.17; 1989,c.276,s.6. 45:8-44.1. Authority of land surveyors to go on, over and upon lands of others during reasonable hours A person licensed to practice land surveying as provided in P.L.1938, c. 342 (C. 45:8-27 et seq.) and any of his agents, servants or employees under his direction who are necessary to make a land survey shall have the authority to go on, over and upon lands of others during reasonable hours when necessary to make land surveys if: a. The licensed professional land surveyor has made a reasonable attempt, as defined in this section, to notify the owner of the land and, in the case of a lease, the lessee thereof, of his desire to enter on, over and upon the owner's or lessee's land to make a land survey and, the attempt having failed, the licensed professional land surveyor has given written notice, seven days prior to the proposed entry, to the municipal police department of the municipality in which the land is located of his intention to enter, containing the names, addresses, and telephone numbers of those who propose to enter the land and the date, time, duration, and location of the proposed entry; and, b. The land or any part thereof, to which entry is sought, is not enclosed by a constructed or
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers natural barrier which is at least 6 feet in height or is not posted with signs or notices which prohibit trespassing and contain the name and address of the owner or lessee of the land; c. As used in this section, a "reasonable attempt" to notify an owner or lessee means: an attempt to seek acknowledgment of the owner of the land and, in the case of a lease, the lessee thereof, by certified mail, return receipt requested, the attempt to be made a second time if unsuccessful the first time and a third time if unsuccessful the second time, each attempt to be made on a separate business day. L.1983, c. 460, s. 1, eff. Jan. 12, 1984. 45:8-44.2. Entry not trespass; immunity from arrest or civil action Any entry under the right granted in this act shall not constitute trespass nor shall the licensed professional land surveyor or his agents, servants or employees be liable to arrest or civil action by reason of the entry. L.1983, c. 460, s. 2, eff. Jan. 12, 1984. 45:8-44.3. Destruction, injury or damage to land; prohibition; liability Nothing in this act shall be construed as giving the licensed professional land surveyor or his agents, servants or employees any right to destroy, injure or damage the land or any person or property on the land of another. A licensed professional land surveyor or his agents, servants or employees shall be liable for any such destruction, injury or damage which he is found to have caused to such persons, property or land. L.1983, c. 460, s. 3, eff. Jan. 12, 1984. 45:8-44.4. Nonliability of owner or lessee of land Neither the owner of the land nor the lessee thereof shall be liable to a licensed professional land surveyor or his agents, servants or employees or any other person for any destruction, injury or damage, which was not willfully or maliciously done by the owner or lessee, to property or persons resulting from the licensed professional land surveyor or his agents, servants or employees going on, over and upon such lands under the provisions of this act. L.1983, c. 460, s. 4, eff. Jan. 12, 1984. 45:8-44.5. Inapplicability of act to lands traversed by operating railroad This act shall not apply to lands traversed by an operating railroad. L.1983, c. 460, s. 5, eff. Jan. 12, 1984. 45:8-45. Certificate and seal of licensed engineer, surveyor or architect on plans and specifications on public work No department, institution, commission, board or body of the State Government, or any political subdivision thereof, being the depository or having the custody of any plan or specification involving professional engineering, shall receive or file any such plan or
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers specification unless there is affixed thereto the seal of a professional engineer licensed pursuant to the provisions of this chapter, or the seal of a registered architect thereon nor receive or file any plan involving land surveying unless there is affixed thereto the seal of a land surveyor licensed pursuant to this chapter. L.1938, c. 342, p. 869, s. 19. Amended by L.1950, c. 149, p. 330, s. 18. 45:8-47. Effect on other professions This chapter shall not be construed to affect or prevent the practice of any other legally recognized profession. Nothing in this act shall be construed as prohibiting, regulating or interfering with persons duly licensed under any laws of this State in the operation and maintenance of equipment and in the supervision of operation of steam power plants, portable machinery and equipment, and refrigeration plants, or from engaging in such engineering activities as may be incident to such operating, maintenance or supervision as is customarily a part of the services rendered by such licensed persons in the course of their employment. L.1938, c. 342, p. 869, s. 21. 45:8-48. Partial invalidity; construction of chapter The provisions of this chapter are severable, and if any of the provisions hereof are held unconstitutional the decision shall not be construed to impair any other provisions of this chapter. It is hereby declared as the legislative intent that this chapter would have been adopted had such unconstitutional provisions not been included herein. L.1938, c. 342, p. 870, s. 22. 45:8-49. Repealer Chapter eight of Title 45 of the Revised Statutes is hereby repealed. All acts and parts of acts inconsistent herewith be and the same are hereby repealed and this act shall take effect immediately. L.1938, c. 342, p. 870, s. 23. 45:8-50 to 45:8-55. Repealed by L.1950, c. 149, s 20, eff. May 26, 1950 45:8-56. Certificate of authorization The board shall issue a certificate of authorization to certain corporations and those corporations shall be authorized to offer professional engineering and land surveying services or both, as follows: a. No corporation shall offer to provide engineering services in this State unless issued a certificate of authorization pursuant to this amendatory and supplementary act. This subsection shall not apply to a professional service corporation established pursuant to the "Professional Service Corporation Act," P.L.1969, c.232 (C.14A:17-1 et seq.). b. No corporation shall offer to provide land surveying services in this State unless issued a
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers certificate of authorization pursuant to this act. This subsection shall not apply to a professional service corporation established pursuant to the "Professional Service Corporation Act," P.L.1969, c.232 (C.14A:17-1 et seq.). The certificate of authorization shall designate a New Jersey licensee or licensees who are in responsible charge of the engineering or land surveying activities and decisions of the corporation. All final drawings, papers or documents involving the practice of engineering or the practice of land surveying, when issued by the corporation or filed for public record, shall be signed and sealed by the New Jersey licensee who is in responsible charge of the work. L.1989, c.276, s.7. 45:8-57. Contents of application; biennial renewal fee Prior to the issuance of a certificate of authorization, a corporation shall file with the board an application, on forms designated by the board, listing, where applicable, the name and address of the corporation and its satellite offices, and the name, address and signature of all officers, corporate board members, directors, principals and any licensees who shall be in responsible charge of the practice of engineering or the practice of land surveying or both, through the corporation, together with such other information as may be required by the board to ensure compliance with its regulations. The same information shall accompany the biennial renewal fee. A change in any of this information shall be reported to the board within 30 days after the effective date of that change. L.1989, c.276, s.8. 45:8-58. Powers of board The board shall have the authority to review the professional conduct of any corporation authorized to offer engineering or land surveying services or both under the provisions of P.L.1989, c.276 (C.45:8-56 et al.). In order to implement those provisions, the board may: a. Establish by regulations adopted pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) a biennial renewal fee for the certificate of authorization. b. Suspend, revoke, or refuse to renew the certificate of authorization of any corporation whose agent, employees, directors or officers violate, or cause to be violated, any of the provisions of P.L.1989, c.276 (C.45:8-56 et al.) or chapter 8 of Title 45 of the Revised Statutes pursuant to the provisions of P.L.1978, c.73 (C.45:1-14 et seq.). c. Adopt such rules and regulations as required to carry out the provisions of this act pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.). L.1989, c.276, s.9.
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers 45:8-59. Records to establish regular, effective supervision A licensee shall maintain such records as are reasonably necessary to establish that the licensee exercised regular and effective supervision of professional services of which such licensee was in responsible charge. L.1989, c.276, s.10. 45:8-60. Responsibility for acts of agents, employees, officers No corporation shall be relieved of responsibility for the conduct or acts of its agents, employees or officers by reason of compliance with the provisions of P.L.1989, c.276 (C.45:8-56 et al.). L.1989, c.276, s.11.
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers
New Jersey Statutes Annotated Title 46, Chapter 8B “Condominium Act”
46:8B-1. Short title This act shall be known and may be cited as the "Condominium Act." L.1969, c. 257, s. 1, eff. Jan. 7, 1970. 46:8B-2. Saving clause This act shall not be construed to amend or repeal the act entitled "An act concerning interests in real property and providing for the creation and regulation of horizontal property regimes," approved December 16, 1963 (P.L.1963, c. 168). Said act shall continue to govern all property constituted into a horizontal property regime thereunder, provided that upon waiver of any such regime as provided in said act, the real property may be subjected to the provisions of this act as provided herein. L.1969, c. 257, s. 2, eff. Jan. 7, 1970. 46:8B-3. Definitions The following words and phrases as used in this act shall have the meanings set forth in this section unless the context clearly indicates otherwise: a. "Assigns" means any person to whom rights of a unit owner have been validly transferred by lease, mortgage or otherwise. b. "Association" means the entity responsible for the administration of a condominium, which entity may be incorporated or unincorporated. c. "Bylaws" means the governing regulations adopted under this act for the administration and management of the property. d. "Common elements" means: (i) the land described in the master deed; (ii) as to any improvement, the foundations, structural and bearing parts, supports, main walls, roofs, basements, halls, corridors, lobbies, stairways, elevators, entrances, exits and other means of access, excluding any specifically reserved or limited to a particular unit or group of units; (iii) yards, gardens, walkways, parking areas and driveways, excluding any specifically reserved or limited to a particular unit or group of units;
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers (iv) portions of the land or any improvement or appurtenance reserved exclusively for the management, operation or maintenance of the common elements or of the condominium property; (v) installations of all central services and utilities; (vi) all apparatus and installations existing or intended for common use; (vii) all other elements of any improvement necessary or convenient to the existence, management, operation, maintenance and safety of the condominium property or normally in common use; and (viii) such other elements and facilities as are designated in the master deed as common elements. e. "Common expenses" means expenses for which the unit owners are proportionately liable, including but not limited to: (i) all expenses of administration, maintenance, repair and replacement of the common elements; (ii) expenses agreed upon as common by all unit owners; and (iii) expenses declared common by provisions of this act or by the master deed or by the bylaws. f. "Common receipts" means: (i) rent and other charges derived from leasing or licensing the use of common elements; (ii) funds collected from unit owners as common expenses or otherwise; and (iii) receipts designated as common by the provisions of this act or by the master deed or the bylaws. g. "Common surplus" means the excess of all common receipts over all common expenses. h. "Condominium" means the form of ownership of real property under a master deed providing for ownership by one or more owners of units of improvements together with an undivided interest in common elements appurtenant to each such unit. i. "Condominium property" means the land covered by the master deed, whether or not contiguous and all improvements thereon, all owned either in fee simple or under lease, and all easements, rights and appurtenances belonging thereto or intended for the benefit thereof. j. "Developer" means the person or persons who create a condominium or lease, sell or offer
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers to lease or sell a condominium or units of a condominium in the ordinary course of business, but does not include an owner or lessee of a unit who has acquired his unit for his own occupancy. k. "Limited common elements" means those common elements which are for the use of one or more specified units to the exclusion of other units. l . "Majority" or "majority of the unit owners" means the owners of more than 50% of the aggregate in interest of the undivided ownership of the common elements as specified in the master deed. If a different percentage of unit owners is required to be determined under this act or under the master deed or bylaws for any purpose, such different percentage of owners shall mean the owners of an equal percentage of the aggregate in interest of the undivided ownership of the common elements as so specified. m. "Master deed" means the master deed recorded under the terms of section 8 of this act, as such master deed may be amended or supplemented from time to time, being the instrument by which the owner in fee simple or lessee of the property submits it to the provisions of this chapter. n. "Person" means an individual, firm, corporation, partnership, association, trust or other legal entity, or any combination thereof. o . "Unit" means a part of the condominium property designed or intended for any type of independent use, having a direct exit to a public street or way or to a common element or common elements leading to a public street or way or to an easement or right of way leading to a public street or way, and includes the proportionate undivided interest in the common elements and in any limited common elements assigned thereto in the master deed or any amendment thereof. p. "Unit deed" means a deed of conveyance of a unit in recordable form. q. "Unit owner" means the person or persons owning a unit in fee simple. L.1969, c. 257, s. 3, eff. Jan. 7, 1970. Amended by L.1973, c. 216, s. 1, eff. Aug. 23, 1973; L.1979, c. 157, s. 1, eff. July 19, 1979. 46:8B-4. Status of units Each unit shall constitute a separate parcel of real property which may be dealt with by the owner thereof in the same manner as is otherwise permitted by law for any other parcel of real property. L.1969, c. 257, s. 4, eff. Jan. 7, 1970. 46:8B-5. Types of ownership Any unit may be held and owned by one or more persons in any form of ownership, real estate tenancy or relationship recognized under the laws of this State. L.1969, c. 257, s. 5, eff. Jan. 7, 1970.
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers 46:8B-6. Common elements The proportionate undivided interest in the common elements assigned to each unit shall be inseparable from such unit, and any conveyance, lease, devise or other disposition or mortgage or other encumbrance of any unit shall extend to and include such proportionate undivided interest in the common elements, whether or not expressly referred to in the instrument effecting the same. The common elements shall remain undivided and shall not be the object of an action for partition or division. The right of any unit owner to the use of the common elements shall be a right in common with all other unit owners (except to the extent that the master deed provides for limited common elements) to use such common elements in accordance with the reasonable purposes for which they are intended without encroaching upon the lawful rights of the other unit owners. L.1969, c. 257, s. 6, eff. Jan. 7, 1970. 46:8B-7. Invalidity of contrary agreements Any agreement contrary to the provisions of this act shall be void. L.1969, c. 257, s. 7, eff. Jan. 7, 1970. 46:8B-8 Creation, establishment of condominium.
8. A condominium may be created and established by recording in the office of the county recording officer of the county wherein the land is located a master deed executed and acknowledged by all owners or the lessees setting forth the matters required by section 9 of P.L.1969, c.257 (C.46:8B-9) and section 3 of P.L.1960, c.141 (C.46:23-9.11). The provisions of the "Condominium Act," P.L.1969, c.257 (C.46:8B-1 et seq.) shall apply solely to real property of interests therein which have been subjected to the terms of P.L.1969, c.257 as provided in this section.
L.1969,c.257,s.8; amended 1973, c.216, s.2; 1997, c.211, s.3. 46:8B-8.1. Establishment of condominium upon land held under lease Nothing in the act to which this act is a supplement shall be construed to prevent the creation and establishment of a condominium as defined in this act, upon land held under a lease by the lessee or creator of the condominium, provided that the master deed required under this act shall be signed, not only by the lessee, but also by the lessor of the land who holds the legal title to the land in fee simple. L.1973, c. 216, s. 3, eff. Aug. 23, 1973. 46:8B-9 Master deed, contents.
9. The master deed shall set forth, or contain exhibits setting forth the following matters:
(a) A statement submitting the land described in the master deed to the provisions of the "Condominium Act," P.L.1969, c.257 (C.46:8B-1 et seq.).
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(b) A name, including the word "condominium" or followed by the words "a condominium," by which the property shall thereafter be identified.
(c) A legal description of the land.
(d) A survey of the condominium property in sufficient detail to show and identify common elements, each unit and their respective locations and approximate dimensions. The plans shall bear a certification by a land surveyor, professional engineer or architect authorized and qualified to practice in this State setting forth that the plans constitute a correct representation of the improvements described. The survey and plans shall constitute a condominium plan as defined in section 2 of P.L.1960, c.141 (C.46:23-9.10).
(e) An identification of each unit by distinctive letter, name or number so that each unit may be separately described thereafter by such identification.
(f) A description of the common elements and limited common elements, if any.
(g) The proportionate undivided interests in the common elements and limited common elements, if any, appurtenant to each unit. These interests shall in each case be stated as percentages aggregating 100%.
(h) The voting rights of unit owners.
(i) By-laws.
(j) A method of amending and supplementing the master deed, which shall require the recording of any amendment or supplement in the same office as the master deed before it shall become effective.
(k) The name and nature of the association and if the association is not incorporated, the name and residence address, within this State of the person designated as agent to receive service of process upon the association.
(l) The proportions or percentages and manner of sharing common expenses and owning common surplus.
(m) Any other provisions, not inconsistent with the "Condominium Act," P.L.1969, c.257 (C.46:8B-1 et seq.), as may be desired, including but not limited to restrictions or limitations upon the use, occupancy, transfer, leasing or other disposition of any unit (provided that any restriction or limitation shall be otherwise permitted by law) and limitations upon the use of common elements.
L.1969,c.257,s.9; amended 1997, c.211, s.4.
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers 46:8B-10. Unit deeds and other instruments A deed, mortgage, lease or other instrument pertaining to a unit shall have the same force and effect in regard to such unit as would be given to a like instrument pertaining to other real property which has been similarly made, executed, acknowledged and recorded. A unit deed shall contain the following: (a) The name of the condominium as set forth in the master deed, the name of the political subdivision and county in which the condominium property is located and a reference to the recording office, the book and page where the master deed and any amendment thereto are recorded. (b) The unit designation as set forth in the master deed. (c) A reference to the last prior unit deed conveying such unit, if previously conveyed. (d) A statement of the proportionate undivided interest in the common elements appurtenant to such unit as set forth in the master deed or any amendments thereof. (e) Any other matters, consistent with this act, which the parties may deem appropriate. L.1969, c. 257, s. 10, eff. Jan. 10, 1970. 46:8B-11. Amendments to master deed The master deed may be amended or supplemented in the manner set forth therein. Unless otherwise provided therein, no amendment shall change a unit unless the owner of record thereof and the holders of record of any liens thereon shall join in the execution of the amendment or execute a consent thereto with the formalities of a deed. Notwithstanding any other provision of this act or the master deed, the designation of the agent for service of process named in the master deed may be changed by an instrument executed by the association and recorded in the same office as the master deed. L.1969, c. 257, s. 11, eff. Jan. 7, 1970. 46:8B-12. The association The association provided for by the master deed shall be responsible for the administration and management of the condominium and condominium property, including but not limited to the conduct of all activities of common interest to the unit owners. The association may be any entity recognized by the laws of New Jersey, including but not limited to a business corporation or a nonprofit corporation. L.1969, c. 257, s. 12, eff. Jan. 7, 1970.
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers 46:8B-12.1. Members of governing board; elections; written approval of actions by developer; control by board; delivery of items a. When unit owners other than the developer own 25% or more of the units in a condominium that will be operated ultimately by an association, the unit owners other than the developer shall be entitled to elect not less than 25% of the members of the governing board or other form of administration of the association. Unit owners other than the developer shall be entitled to elect not less than 40% of the members of the governing board or other form of administration upon the conveyance of 50% of the units in a condominium. Unit owners other than the developer shall be entitled to elect all of the members of the governing board or other form of administration upon the conveyance of 75% of the units in a condominium. However, when some of the units of a condominium have been conveyed to purchasers and none of the others are being constructed or offered for sale by the developer in the ordinary course of business, the unit owners other than the developer shall be entitled to elect all of the members of the governing board or other form of administration. Notwithstanding any of the provisions of subsection a of this section, the developer shall be entitled to elect at least one member of the governing board or other form of administration of an association as long as the developer holds for sale in the ordinary course of business one or more units in a condominium operated by the association. b. Within 30 days after the unit owners other than the developer are entitled to elect a member or members of the governing board or other form of administration of an association, the association shall call, and give not less than 20 days' nor more than 30 days' notice of, a meeting of the unit owners to elect the members of the governing board or other form of administration. The meeting may be called and the notice given by any unit owner if the association fails to do so. c. If a developer holds one or more units for sale in the ordinary course of business, none of the following actions may be taken without approval in writing by the developer: (1) Assessment of the developer as a unit owner for capital improvements. (2) Any action by the association that would be detrimental to the sales of units by the developer. However, an increase in assessments for common expenses without discrimination against the developer shall not be deemed to be detrimental to the sales of units. d. Prior to, or not more than 60 days after, the time that unit owners other than the developer elect a majority of the members of the governing board or other form of administration of an association, the developer shall relinquish control of the association, and the unit owners shall accept control. Simultaneously, the developer shall deliver to the association all property of the unit owners and of the association held or controlled by the developer, including, but not limited to, the following items, if applicable, as to each condominium operated by the association: (1) A photocopy of the master deed and all amendments thereto, certified by affidavit of the developer, or an officer or agent of the developer, as being a complete copy of the actual master deed.
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers (2) A certified copy of the association's articles of incorporation, or if not incorporated, then copies of the documents creating the association. (3) A copy of the bylaws. (4) The minute books, including all minutes, and other books and records of the association, if any. (5) Any house rules and regulations which have been promulgated. (6) Resignations of officers and members of the governing board or other form of administration who are required to resign because the developer is required to relinquish control of the association. (7) An accounting for all association funds, including capital accounts and contributions. (8) Association funds or control thereof. (9) All tangible personal property that is property of the association, represented by the developer to be part of the common elements or ostensibly part of the common elements, and an inventory of that property. (10) A copy of the plans and specifications utilized in the construction or remodeling of improvements and the supplying of equipment to the condominium and in the construction and installation of all mechanical components serving the improvements and the site, with a certificate in affidavit form of the developer, his agent, or an architect or engineer authorized to practice in this State that such plans and specifications represent, to the best of their knowledge and belief, the actual plans and specifications utilized in the construction and improvement of the condominium property and for the construction and installation of the mechanical components serving the improvements. If the condominium property has been declared a condominium more than 3 years after the completion of construction or remodeling of the improvements, the requirements of this paragraph shall not apply. (11) Insurance policies. (12) Copies of any certificates of occupancy which may have been issued for the condominium property. (13) Any other permits issued by governmental bodies applicable to the condominium property in force or issued within 1 year prior to the date the unit owners other than the developer take control of the association. (14) All written warranties of the contractor, subcontractors, suppliers, and manufacturers, if any, that are still effective.
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers (15) A roster of unit owners and their addresses and telephone numbers, if known, as shown on the developer's records. (16) Leases of the common elements and other leases to which the association is a party. (17) Employment contracts, management contracts, maintenance contracts, contracts for the supply of equipment or materials, and service contracts in which the association is one of the contracting parties and maintenance contracts and service contracts in which the association or the unit owners have an obligation or responsibility, directly or indirectly to pay some or all of the fee or charge of the person or persons performing the service. (18) All other contracts to which the association is a party. L.1979, c. 157, s. 2, eff. July 19, 1979. 46:8B-12.2. Management, employment, service or maintenance contract or contract for equipment or materials; 2 year limitation; termination Any management, employment, service or maintenance contract or contract for the supply of equipment or material which is directly or indirectly made by or on behalf of the association, prior to the unit owners having elected at least 75% of the members of the governing board or other form of administration of the association, shall not be entered into for a period in excess of two years. Any such contract or lease may not be renewed or extended for periods in excess of two years and at the end of any two-year period, the association may terminate any further renewals or extensions thereof. Notwithstanding the above, any management contract or agreement entered into after the effective date of this amendatory act shall terminate 90 days after the first meeting of a governing board or other form of administration in which the unit owners constitute a majority of the members, unless the board or other form of administration ratifies the contract or agreement. L.1979, c. 157, s. 3, eff. July 19, 1979. Amended by L.1983, c. 54, s. 1, eff. Feb. 4, 1983. 46:8B-13. Bylaws
13. The administration and management of the condominium and condominium property and the actions of the association shall be governed by bylaws which shall initially be recorded with the master deed and shall provide, in addition to any other lawful provisions, for the following:
(a) The form of administration, indicating the titles of the officers and governing board of the association, if any, and specifying the powers, duties and manner of selection, removal and compensation, if any, of officers and board members. If the bylaws provide that any of the powers and duties of the association as set forth in sections 14 and 15 of P.L.1969, c.257 (C.46:8B-14 and 46:8B-15) be exercised through a governing board elected by the membership of the association, or through officers of the association responsible to and under the direction of such a governing board, all meetings of that governing board, except conference or working sessions at which no binding votes are to be taken, shall be open to attendance by all unit owners, and adequate notice of any such meeting shall be given to all unit owners in such manner as the
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers bylaws shall prescribe; except that the governing board may exclude or restrict attendance at those meetings, or portions of meetings, dealing with (1) any matter the disclosure of which would constitute an unwarranted invasion of individual privacy; (2) any pending or anticipated litigation or contract negotiations; (3) any matters falling within the attorney-client privilege, to the extent that
confidentiality is required in order for the attorney to exercise his ethical duties as a lawyer; or (4) any matter involving the employment, promotion, discipline or dismissal of a specific officer or employee of the association. At each meeting required under this subsection to be open to all unit owners, minutes of the proceedings shall be taken, and copies of those minutes shall be made available to all unit owners before the next open meeting.
(b) The method of calling meetings of unit owners, the percentage of unit owners or voting rights required to make decisions and to constitute a quorum, but such bylaws may nevertheless provide that unit owners may waive notice of meetings or may act by written agreement without meetings.
(c) The manner of collecting from unit owners their respective shares of common expenses and the method of distribution to the unit owners of their respective shares of common surplus or such other application of common surplus as may be duly authorized by the bylaws.
(d) The method by which the bylaws may be amended, provided that no amendment shall be effective until recorded in the same office as the then existing bylaws. The bylaws may also provide a method for the adoption, amendment and enforcement of reasonable administrative rules and regulations, including the imposition of fines and late fees which may be enforced as a lien pursuant to section 21 of P.L.1969, c.257 (C.46:8B-21) relating to the operation, use, maintenance and enjoyment of the units and of the common elements including limited common elements. L.1969,c.257,s.13; amended 1991, c.48, s.1; 1996, c.79, s.1. 46:8B-13.1. Explanatory materials, guidelines for condominium associations,
administrators The Commissioner of Community Affairs shall cause to be prepared and distributed, for the use and guidance of condominium associations and administrators, explanatory materials and guidelines to assist them in achieving proper and timely compliance with the requirements of this act. Such guidelines may include the text of model bylaw provisions suggested or recommended for adoption. Failure or refusal of a condominium association to make proper amendment or supplementation of its bylaws prior to the effective date of section 1 of this act shall not, however, affect its obligation of compliance therewith on and after that effective date. L.1991,c.48,s.2. 46:8B-14. Responsibilities of association
14. The association, acting through its officers or governing board, shall be responsible for the performance of the following duties, the costs of which shall be common expenses:
(a) The maintenance, repair, replacement, cleaning and sanitation of the common elements.
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(b) The assessment and collection of funds for common expenses and the payment thereof.
(c) The adoption, distribution, amendment and enforcement of rules governing the use and operation of the condominium and the condominium property and the use of the common elements, including but not limited to the imposition of reasonable fines, assessments and late fees upon unit owners, if authorized by the master deed or bylaws, subject to the right of a majority of unit owners to change any such rules.
(d) The maintenance of insurance against loss by fire or other casualties normally covered under broad-form fire and extended coverage insurance policies as written in this State, covering all common elements and all structural portions of the condominium property and the application of the proceeds of any such insurance to restoration of such common elements and structural portions if such restoration shall otherwise be required under the provisions of this act or the master deed or bylaws.
(e) The maintenance of insurance against liability for personal injury and death for
accidents occurring within the common elements whether limited or general and the defense of any actions brought by reason of injury or death to person, or damage to property occurring within such common elements and not arising by reason of any act or negligence of any individual unit owner.
(f) The master deed or bylaws may require the association to protect blanket mortgages, or unit owners and their mortgagees, as their respective interest may appear, under the policies of insurance provided under clauses (d) and (e) of this section, or against such risks with respect to any or all units, and may permit the assessment and collection from a unit owner of specific charges for insurance coverage applicable to his unit.
(g) The maintenance of accounting records, in accordance with generally accepted accounting principles, open to inspection at reasonable times by unit owners. Such records shall include:
(i) A record of all receipts and expenditures.
(ii) An account for each unit setting forth any shares of common expenses or other charges due, the due dates thereof, the present balance due, and any interest in common surplus.
(h) Nothing herein shall preclude any unit owner or other person having an insurable interest from obtaining insurance at his own expense and for his own benefit against any risk whether or not covered by insurance maintained by the association.
(i) Such other duties as may be set forth in the master deed or bylaws.
(j) An association shall exercise its powers and discharge its functions in a manner that protects and furthers or is not inconsistent with the health, safety and general welfare of the residents of the community.
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(k) An association shall provide a fair and efficient procedure for the resolution of housing-related disputes between individual unit owners and the association, and between unit owners, which shall be readily available as an alternative to litigation. A person other than an officer of the association, a member of the governing board or a unit owner involved in the dispute shall be made available to resolve the dispute. A unit owner may notify the Commissioner of Community Affairs if an association does not comply with this subsection. The commissioner shall have the power to order the association to provide a fair and efficient procedure for the resolution of disputes. L.1969,c.257,s.14; amended 1995, c.313, s.1; 1996, c.79, s.2. 46:8B-15 Powers of association.
15. Subject to the provisions of the master deed, the bylaws, rules and regulations and the provisions of this act or other applicable law, the association shall have the following powers:
(a) Whether or not incorporated, the association shall be an entity which shall act through its officers and may enter into contracts, bring suit and be sued. If the association is not incorporated, it may be deemed to be an entity existing pursuant to this act and a majority of the members of the governing board or of the association, as the case may be, shall constitute a quorum for the transaction of business. Process may be served upon the association by serving any officer of the association or by serving the agent designated for service of process. Service of process upon the association shall not constitute service of process upon any individual unit owner.
(b) The association shall have access to each unit from time to time during reasonable hours as may be necessary for the maintenance, repair or replacement of any common elements therein or accessible therefrom or for making emergency repairs necessary to prevent damage to common elements or to any other unit or units. The association may charge the unit owner for the repair of any common element damaged by the unit owner or his tenant.
(c) The association may purchase units in the condominium and otherwise acquire, hold, lease, mortgage and convey the same. It may also lease or license the use of common elements in a manner not inconsistent with the rights of unit owners.
(d) The association may acquire or enter into agreements whereby it acquires leaseholds, memberships or other possessory or use interests in lands or facilities including, but not limited to country clubs, golf courses, marinas and other recreational facilities, whether or not contiguous to the condominium property, intended to provide for the enjoyment, recreation or other use or benefit of the unit owners. If fully described in the master deed or bylaws, the fees, costs and expenses of acquiring, maintaining, operating, repairing and replacing any such memberships, interests and facilities shall be common expenses. If not so described in the master deed or bylaws as originally recorded, no such membership interest or facility shall be acquired except pursuant to amendment of or supplement to the master deed or bylaws duly adopted as provided therein and in this act. In the absence of such amendment or supplement, if some but not all unit owners desire any such acquisition and agree to assume among themselves all costs of acquisition, maintenance, operation, repair and replacement thereof, the association
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers may acquire or enter into an agreement to acquire the same as limited common elements appurtenant only to the units of those unit owners who have agreed to bear the costs and expenses thereof. Such costs and expenses shall be assessed against and collected from the agreeing unit owners in the proportions in which they share as among themselves in the common expenses in the absence of some other unanimous agreement among themselves. No other unit owner shall be charged with any such cost or expense; provided, however, that nothing herein shall preclude the extension of the interests in such limited common elements to additional unit owners by subsequent agreement with all those unit owners then having an interest in such limited common elements.
(e) The association may levy and collect assessments duly made by the association for a share of common expenses or otherwise, including any other moneys duly owed the association, upon proper notice to the appropriate unit owner, together with interest thereon, late fees and reasonable attorneys' fees, if authorized by the master deed or bylaws.
(f) If authorized by the master deed or bylaws, the association may impose reasonable fines upon unit owners for failure to comply with provisions of the master deed, bylaws or rules and regulations, subject to the following provisions:
A fine for a violation or a continuing violation of the master deed, bylaws or rules and regulations shall not exceed the maximum monetary penalty permitted to be imposed for a violation or a continuing violation under section 19 of the "Hotel and Multiple Dwelling Law," P.L.1967, c.76 (C.55:13A-19).
On roads or streets with respect to which Title 39 of the Revised Statutes is in effect under section 1 of P.L.1945, c.284 (C.39:5A-1), an association may not impose fines for moving automobile violations.
A fine shall not be imposed unless the unit owner is given written notice of the action taken and of the alleged basis for the action, and is advised of the right to participate in a dispute resolution procedure in accordance with subsection (k) of section 14 of P.L.1969, c.257 (C.46:8B-14). A unit owner who does not believe that the dispute resolution procedure has satisfactorily resolved the matter shall not be prevented from seeking a judicial remedy in a court of competent jurisdiction.
(g) Such other powers as may be set forth in the master deed or bylaws, if not prohibited by P.L.1969, c.257 (C.46:8B-1 et seq.) or any other law of this State. L.1969,c.257,s.15; amended 1996, c.79, s.3. 46:8B-16. Authority, rights of unit owner
16. (a) No unit owner, except as an officer of the association, shall have any authority to act for or bind the association. An association, however, may assert tort claims concerning the common elements and facilities of the development as if the claims were asserted directly by the unit owners individually.
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(b) Failure to comply with the bylaws and the rules and regulations governing the details of the use and operation of the condominium, the condominium property and the common elements, and the quality of life therein, in effect from time to time, and with the covenants, conditions and restrictions set forth in the master deed or in deeds of units, shall be grounds for reasonable fines and assessments upon unit owners maintainable by the association, or for an action for the recovery of damages, for injunctive relief, or for a combination thereof, maintainable by the association or by any other unit owner or by any person who holds a blanket mortgage or a mortgage lien upon a unit and is aggrieved by any such noncompliance.
(c) A unit owner shall have no personal liability for any damages caused by the association or in connection with the use of the common elements. A unit owner shall be liable for injuries or damages resulting from an accident in his own unit in the same manner and to the same extent as the owner of any other real estate.
(d) A unit owner may notify the Commissioner of Community Affairs upon the failure of an association to comply with requests made under subsection (g) of section 14 of P.L.1969, c.257 (C.46:8B-14) by unit owners to inspect at reasonable times the accounting records of the association. Upon investigation, the commissioner shall have the power to order the compliance of the association with such a request. L.1969,c.257,s.16; amended 1995, c.313, s.2; 1996, c.79, s.4. 46:8B-17. Common expenses The common expenses shall be charged to unit owners according to the percentage of their respective undivided interests in the common elements as set forth in the master deed and amendments thereto, or in such other proportions as may be provided in the master deed or by-laws. The amount of common expenses charged to each unit shall be a lien against such unit subject to the provisions of section 21 of this act. A unit owner shall, by acceptance of title, be conclusively presumed to have agreed to pay his proportionate share of common expenses accruing while he is the owner of a unit. However, the liability of a unit owner for common expenses shall be limited to amounts duly assessed in accordance with this act, the master deed and by-laws. No unit owner may exempt himself from liability for his share of common expenses by waiver of the enjoyment of the right to use any of the common elements or by abandonment of his unit or otherwise. The common expenses charged to any unit shall bear interest from the due date set by the association at such rate not exceeding the legal interest rate as may be established by the association or if no rate is so established at the legal rate. L.1969, c. 257, s. 17, eff. Jan. 7, 1970. 46:8B-18. Prohibited work There shall be no material alteration of or substantial addition to the common elements except as authorized by the master deed. No unit owner shall contract for or perform any maintenance, repair, replacement, removal, alteration or modification of the common elements or any additions thereto, except through the association and its officers. No unit owner shall take or cause to be taken any action within his unit which would jeopardize the soundness or safety of any part of the condominium property or impair any easement or right appurtenant thereto or
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers affect the common elements without the unanimous consent of all unit owners who might be affected thereby. L.1969, c. 257, s. 18, eff. Jan. 7, 1970. 46:8B-19. Taxes, assessments and charges; valuation of units; exemptions or deductions All property taxes, special assessments and other charges imposed by any taxing authority shall be separately assessed against and collected on each unit as a single parcel, and not on the condominium property as a whole. Such taxes, assessments and charges shall constitute a lien only upon the unit and upon no other portion of the condominium property. All laws authorizing exemptions from taxation or deductions from tax bills shall be applicable to each individual unit to the same extent they are applicable to other separate property. L.1969, c. 257, s. 19, eff. Jan. 7, 1970. Amended by L.1975, c. 2, s. 1, eff. Jan. 22, 1975. 46:8B-20. Liens for labor or materials (a) Except as otherwise provided in section 23, subsequent to recording the master deed as provided in this act, and while the property remains subject to this act, no lien shall arise or be effective against the condominium property as a whole. During such period, liens or encumbrances shall arise or be created only against each unit (including the undivided interest in the common elements appurtenant to such unit) in the same manner and under the same conditions in every respect as liens or encumbrances may arise or be created upon or against any other separate parcel of real property subject to individual ownership; provided that no labor performed or materials furnished with the consent or at the request of a unit owner or his agent or his contractor or subcontractor, shall be the basis for the filing of a lien pursuant to article 10 of chapter 44 of Title 2A of the New Jersey Statutes against the unit or any other property of any other unit owner not expressly consenting to or requesting the same, except that such express consent shall be deemed to be given by the owner of any unit in the case of emergency repairs thereto. Labor performed or materials furnished for the common elements, if duly authorized by the association in accordance with this act, the master deed or by-laws, shall be deemed to be performed or furnished with the express consent of each unit owner and shall be the basis for the filing of a lien pursuant to article 10 of chapter 44 of Title 2A of the New Jersey Statutes against each of the units and shall be subject to the provisions of subparagraph (b) hereunder. (b) In the event a lien against 2 or more units becomes effective, the owner of each separate unit may remove his unit (including the undivided interest in the common elements appurtenant to such unit) from the lien and obtain a discharge and satisfaction by payment of the proportion thereof attributable to such unit. The proportion so attributable to each unit subject to the lien shall be the proportion in which all units subject to the lien share among themselves in liability for common expenses. Subsequent to any such payment, the lien on such unit shall be discharged or otherwise satisfied of record and the unit (including the undivided interest in the common elements appurtenant thereto) shall thereafter be free and clear of such lien. Such partial payment, discharge and satisfaction shall not prevent the lienor from proceeding to enforce his rights against any other unit (including the undivided interest in the common elements appurtenant thereto) not so paid, satisfied or discharged. L.1969, c. 257, s. 20, eff. Jan. 7, 1970.
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers 46:8B-21 Liens in favor of association; priority.
21. a. The association shall have a lien on each unit for any unpaid assessment duly made by the association for a share of common expenses or otherwise, including any other moneys duly owed the association, upon proper notice to the appropriate unit owner, together with interest thereon and, if authorized by the master deed or bylaws, late fees, fines and reasonable attorney's fees; provided however that an association shall not record a lien in which the unpaid assessment consists solely of late fees. Such lien shall be effective from and after the time of recording in the public records of the county in which the unit is located of a claim of lien stating the description of the unit, the name of the record owner, the amount due and the date when due. Such claim of lien shall include only sums which are due and payable when the claim of lien is recorded and shall be signed and verified by an officer or agent of the association. Upon full payment of all sums secured by the lien, the party making payment shall be entitled to a recordable satisfaction of lien. Except as set forth in subsection b. of this section, all such liens shall be subordinate to any lien for past due and unpaid property taxes, the lien of any mortgage to which the unit is subject and to any other lien recorded prior to the time of recording of the claim of lien.
b. A lien recorded pursuant to subsection a. of this section shall have a limited priority over prior recorded mortgages and other liens, except for municipal liens or liens for federal taxes, to the extent provided in this subsection. This priority shall be limited as follows:
(1) To a lien which is the result of customary condominium assessments as defined herein, the amount of which shall not exceed the aggregate customary condominium assessment against the unit owner for the six-month period prior to the recording of the lien.
(2) With respect to a particular mortgage, to a lien recorded prior to: (a) the receipt by the association of a summons and complaint in an action to foreclose a mortgage on that unit; or (b) the filing with the proper county recording office of a lis pendens giving notice of an action to foreclose a mortgage on that unit.
(3) In the case of more than one association lien being filed, either because an association files more than one lien or multiple associations have filed liens, the total amount of the liens granted priority shall not be greater than the assessment for the six-month period specified in paragraph (1) of this subsection. Priority among multiple filings shall be determined by their date of recording with the earlier recorded liens having first use of the priority given herein.
(4) The priority granted to a lien pursuant to this subsection shall expire on the first day of the 60th month following the date of recording of an association's lien.
(5) A lien of an association shall not be granted priority over a prior recorded mortgage or mortgages under this subsection if a prior recorded lien of the association for unpaid assessments has obtained priority over the same recorded mortgage or mortgages as provided in this subsection, for a period of 60 months from the date of recording of the lien granted priority.
(6) When recording a lien which may be granted priority pursuant to this act, an association shall notify, in writing, any holder of a first mortgage lien on the property of the filing of the
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers association lien. An association which exercises a good faith effort but is unable to ascertain the identity of a holder of a prior recorded mortgage on the property will be deemed to be in substantial compliance with this paragraph.
For the purpose of this section, a "customary condominium assessment" shall mean an assessment for periodic payments, due the association for regular and usual operating and common area expenses pursuant to the association's annual budget and shall not include amounts for reserves for contingencies, nor shall it include any late charges, penalties, interest or any fees or costs for the collection or enforcement of the assessment or any lien arising from the assessment. The periodic payments due must be due monthly, or no less frequently than quarter-yearly, as may be acceptable to the Federal National Mortgage Association so as not to disqualify an otherwise superior mortgage on the condominium from purchase by the Federal National Mortgage Association as a first mortgage.
c. Upon any voluntary conveyance of a unit, the grantor and grantee of such unit shall be jointly and severally liable for all unpaid assessments pertaining to such unit duly made by the association or accrued up to the date of such conveyance without prejudice to the right of the grantee to recover from the grantor any amounts paid by the grantee, but the grantee shall be exclusively liable for those accruing while he is the unit owner.
d. Any unit owner or any purchaser of a unit prior to completion of a voluntary sale may require from the association a certificate showing the amount of unpaid assessments pertaining to such unit and the association shall provide such certificate within 10 days after request therefore. The holder of a mortgage or other lien on any unit may request a similar certificate with respect to such unit. Any person other than the unit owner at the time of issuance of any such certificate who relies upon such certificate shall be entitled to rely thereon and his liability shall be limited to the amounts set forth in such certificate.
e. If a mortgagee of a first mortgage of record or other purchaser of a unit obtains title to such unit as a result of foreclosure of the first mortgage, such acquirer of title, his successors and assigns shall not be liable for the share of common expenses or other assessments by the association pertaining to such unit or chargeable to the former unit owner which became due prior to acquisition of title as a result of the foreclosure. Any remaining unpaid share of common expenses and other assessments, except assessments derived from late fees or fines, shall be deemed to be common expenses collectible from all of the remaining unit owners including such acquirer, his successors and assigns.
f. Liens for unpaid assessments may be foreclosed by suit brought in the name of the association in the same manner as a foreclosure of a mortgage on real property. The association shall have the power, unless prohibited by the master deed or bylaws to bid on the unit at foreclosure sale, and to acquire, hold, lease, mortgage and convey the same. Suit to recover a money judgment for unpaid assessments may be maintained without waiving the lien securing the same. Nothing herein shall alter the status or priority of municipal liens under R.S.54:5-1 et seq.
L.1969,c.257,s.21; amended 1995, c.354, s.4;1996, c.79, s.5;1997, c.190, s.2.
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers 46:8B-22. Effect of sheriff's sale
22. Effect of sheriff's sale. (a) A unit may be sold by the sheriff on execution, free of any claim, not a lien of record, for common expenses or other assessments by the association, but any funds derived from such sale remaining after satisfaction of prior liens and charges but before distribution to the previous unit owner, shall be applied to payment of such unpaid common expenses or other assessments if written notice thereof shall have been given to the sheriff before distribution. Any such unpaid common expenses which shall remain uncollectible from the former unit owner for a period of more than 60 days after such sheriff's sale may be reassessed by the association as common expenses to be collected from all unit owners including the purchaser who acquired title at the sheriff's sale, his successors and assigns. Unless prohibited by the master deed or bylaws, the association may bid in and purchase the unit at a sheriff's sale, and acquire, hold, lease, mortgage and convey the same.
(b) Notwithstanding any foreclosure, tax sale, or other forced sale of a unit, all applicable provisions of the master deed and bylaws, shall be binding upon any purchaser at such sale to the same extent as they would bind a voluntary grantee except that such purchaser shall not be liable for the share of common expenses or other assessments by the association pertaining to such unit or chargeable to the former owner which became due prior to such sale except as otherwise provided in subsection (a) of this section or section 21 of P.L.1969, c.257 (C.46:8B-21).
L.1969,c.257,s.22; amended 1995,c.354,s.5. 46:8B-23. Blanket mortgage Notwithstanding any other provision of this act, if the master deed or by-laws so permit, the entire condominium property, or some or all of the units included therein (together with the undivided interests in common elements and limited common elements appurtenant to such units) may be subject to a single or blanket mortgage constituting a first lien thereon created by recordable instrument by all of the owners of the property or units covered thereby; and any unit included under the lien of such mortgage may be sold or otherwise conveyed or transferred subject thereto. The instrument creating any such mortgage shall provide a method whereby any unit owner may obtain a release of his unit (together with the undivided interest in common elements and limited common elements if any, appurtenant thereto) from the lien of such mortgage and a satisfaction and discharge in recordable form, upon payment to the holder of the mortgage of a sum equal to the proportionate share attributable to his unit of the then outstanding balance of unpaid principal and accrued interest and any other charges then due and unpaid. Such proportionate share attributable to each unit shall be the proportion in which all units then subject to the lien of the mortgage share among themselves in liability for common expenses as provided in the master deed or such other reasonable proportion as shall be specifically provided in the mortgage instrument. L.1969, c. 257, s. 23, eff. Jan. 7, 1970. 46:8B-24. Fire or other casualty (a) Damage to or destruction of any improvements on the condominium property or any part thereof or to a common element or elements or any part thereof covered by insurance required to be maintained by the association shall be repaired and restored by the association using the
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers proceeds of any such insurance. The unit owners directly affected shall be assessed on an equitable basis for any deficiency and shall share in any excess. (b) If the proceeds of such insurance shall be inadequate by a substantial amount to cover the estimated cost of restoration of an essential improvement or common element or if such damage shall constitute substantially total destruction of the condominium property or of one or more of the buildings comprising the condominium property or if 75% of the unit owners directly affected by such damage or destruction voting in accordance with the procedures established by the by-laws shall determine not to repair or restore, the association shall proceed to realize upon the salvage value of that portion of the condominium property so damaged or destroyed either by sale or such other means as the association may deem advisable and shall collect the proceeds of any insurance. Thereupon the net proceeds of such sale, together with the net proceeds of such insurance shall be considered as one fund to be divided among the unit owners directly affected by such damage or destruction in proportion to their respective undivided ownership of the common elements. Any liens or encumbrances on any affected unit shall be relegated to the interest in the fund of the unit owners. (c) The master deed or the by-laws may make other and different provision covering the eventualities set forth in paragraphs (a) and (b) of this section or covering other results of damage or destruction to any part or all of the condominium property, notwithstanding the provisions of paragraphs (a) and (b). If the master deed or by-laws shall require insurance against fire and other casualty with respect to individual units, it shall also provide for the application of the proceeds and the rights and obligations of unit owners in case of damage or destruction. L.1969, c. 257, s. 24, eff. Jan. 7, 1970. 46:8B-25. Eminent domain If all or any part of the common elements shall be taken, injured or destroyed by eminent domain, each unit owner shall be entitled to notice of such taking and to participate through the association in the proceedings incident thereto. Any damages shall be for the taking, injury or destruction as a whole and shall be collected by the association and distributed by it among the unit owners in proportion to each unit owner's undivided interest in such common elements, except to the extent that the association deems it necessary or appropriate to apply them to the repair or restoration of any such injury or destruction. L.1979, c. 257, s. 25, eff. Jan. 7, 1970. 46:8B-26. Condominium termination Any condominium property may be removed from the provisions of this act by agreement of unit owners of units to which at least 80% of the votes in the association are allocated, or any larger percentage that the master deed or any amendment thereto specifies. Termination shall be effective upon the filing of a deed of revocation duly executed by unit owners of units to which at least 80% of the votes in the association are allocated, or any larger percentage that the master deed or any amendment thereto specifies or the sole owner of the property and recorded in the same office as the master deed. L. 1969, c. 257, s. 26, eff. Jan. 7, 1970. Amended by L. 1985, c. 3, s. 1, eff. Jan. 8, 1985.
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers 46:8B-27. Effect of deed of revocation Upon the recording of such deed of revocation, the unit owners as of the date of recording of such deed shall become tenants-in-common of the property unless otherwise provided in the master deed or deed of revocation, each such unit owner shall thereafter be the owner of an undivided interest in the entire property equal to the percentage of his undivided interest in the common elements before the recording of such deed of revocation, and each lien on an individual unit shall become a lien on the individual undivided interest of the unit owner in the entire property. L.1969, c. 257, s. 27, eff. Jan. 7, 1970. 46:8B-28. Resubmission The removal of any property from the provisions of this act shall not bar the resubmission of the property to the provisions of this act in the manner herein provided. L.1969, c. 257, s. 28, eff. Jan. 7, 1970. 46:8B-29. Zoning All laws, ordinances and regulations concerning planning, subdivision or zoning, shall be construed and applied with reference to the nature and use of the condominium without regard to the form of ownership. No law, ordinance or regulation shall establish any requirement concerning the use, location, placement or construction of buildings or other improvements which are, or may thereafter be subjected to this act unless such requirement shall be equally applicable to all buildings and improvements which are, or may thereafter be subjected to this act unless such requirement shall be equally applicable to all buildings and improvements of the same kind not then or thereafter to be subjected to this act. No subdivision or planning approval shall be required as a condition precedent to the recording of a master deed or the sale of any unit unless such approval shall also be required for the use or development of the lands described in the master deed in the same manner as therein set forth had such lands not been submitted to this act. L.1969, c. 257, s. 29, eff. Jan. 7, 1970. 46:8B-30. Partial invalidity If any provision of this act in held invalid, such invalidity shall not affect other provisions hereof, and to this end the provisions of this act are declared to be severable. L.1969, c. 257, s. 30, eff. Jan. 7, 1970. 46:8B-31. Legislative findings and declarations The Legislature finds and declares that many leases involving use of parking, recreational or other common facilities or areas by residents of condominiums were entered into by parties wholly representative of the interests of a condominium developer at a time when the condominium unit owners not only did not control the administration of their condominium but also had little or no voice in such administration. Such leases often contain numerous obligations on the part of either or both a condominium association and condominium unit owners with relatively few obligations on the part of the lessor. Such leases may or may not
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers be unconscionable in any given case. Nevertheless, the Legislature finds that certain onerous obligations and circumstances warrant the establishment of a rebuttable presumption of unconscionability of certain leases, as specified in this act. The Legislature also finds and declares that many contracts for sale of condominium units, master deeds and association bylaws contain provisions affording the developer or the association a right of first refusal to purchase in the event of resale, gift or devise of condominium units by the purchaser, provisions which are in the financial interest of the developer or the association and are designed to limit the freedom of the purchaser to resell the property as he sees fit. The Legislature finds that the relative balance between the consideration given the financial interests of the developer or the association and the limitations placed upon the property rights of the purchaser contained in such provisions is such as to warrant the establishment of a rebuttable presumption of unconscionability with respect to those master deeds and bylaws, and amendments thereof, adopted prior to the effective date of this amendatory and supplementary act, and to warrant the prohibition of such provisions in contracts for the sale of condominium units executed, and in master deeds and bylaws or amendments of master deeds or bylaws adopted, on or after that date. L.1979, c. 297, s. 1, eff. Jan. 17, 1980. Amended by L.1980, c. 103, s. 1, eff. Sept. 11, 1980. 46:8B-32. Unconscionability of leases; rebuttable presumption; elements of lease There is hereby established a rebuttable presumption of unconscionability with respect to leases involving condominium property, including, but not limited to, leases concerning the use by condominium unit owners of parking, recreational or other common facilities or areas. Such presumption may be rebutted by a lessor by the presentation of evidence of the existence of facts and circumstances sufficient to justify and validate a lease which would otherwise appear to be unconscionable under the provisions of this section. A rebuttable presumption of unconscionability shall arise if one or more of the following elements exist, but the failure of a lease to contain any of the following elements shall neither preclude a determination of its unconscionability nor raise a presumption of its conscionability: a. The lease was executed by persons none of whom at the time of the execution of the lease were elected by condominium unit owners other than the developer, to represent their interests; b. The lease requires either the condominium association or the condominium unit owners to pay real estate taxes on the subject real property; c. The lease requires either the condominium association or the condominium unit owners to insure buildings or other facilities on the subject real property against fire or any other hazard; d. The lease requires either the condominium association or the condominium unit owners to perform some or all maintenance obligations pertaining to the subject real property or facilities located upon the subject real property; e. The lease requires either the condominium association or the condominium unit owners to pay rents to the lessor for a period of 10 years or more;
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers f. The lease provides that failure of the lessee to make payments of rents due under the lease either creates, establishes, or permits establishment of, a lien upon individual condominium units of the condominium to secure claims for rent; g. The lease requires an annual rental which exceeds 20% of the appraised value of the leased property as improved; provided that for purposes of this subsection "annual rental" means the amount due during the first 12 months of the lease for all units regardless of whether such units were in fact occupied or sold during that period and "appraised value" means the appraised value placed upon the leased property the first tax year after the sale of a unit in the condominium; h. The lease provides for a periodic rental increase based upon reference to a price index; i. The lease or other condominium documents require that every transferee of a condominium unit must assume obligations under the lease. L.1979, c. 297, s. 2, eff. Jan. 17, 1980. 46:8B-33. Severability If any provision of this act or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provision or application, and to this end the provisions of this act are declared severable. L.1979, c. 297, s. 3, eff. Jan. 17, 1980. 46:8B-34. Selling price; inclusion of statement of membership fees The developer shall separately state in the selling price of a unit in a condominium the full membership fee in the condominium association and all recreational membership fees. L.1979, c. 297, s. 4, eff. Jan. 17, 1980. 46:8B-35. Lease of parking, recreational or other common facility or area for over 20 years; option to renew or purchase When any parking, recreational or other common facility or area has been leased for the use of the unit owners of a condominium for 20 years or more, the condominium association or the condominium unit owners shall have the option of renewing the lease on the parking, recreational or other common facility or area or of buying such facility or area and subject real property at a conscionable price. L.1979, c. 297, s. 5, eff. Jan. 17, 1980.
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers 46:8B-36. Master deeds or bylaws of association; rebuttable presumption of unconscionability There is hereby established a rebuttable presumption of unconscionability with respect to provisions of master deeds or association bylaws recorded prior to the effective date of this act which shall arise whenever such a master deed or by laws shall contain any provision or clause affording the developer or the association a right of first refusal to buy a condominium unit upon resale, gift or devise by the condominium unit owner. Such presumption may be rebutted by the developer or the association by the presentation of evidence of the existence of facts and circumstances sufficient to justify and validate a provision of the master deed or the bylaws which would otherwise appear to be unconscionable under the provisions of this section. L.1979, c. 297, s. 6, eff. Jan. 17, 1980. Amended by L.1980, c. 103, s. 2, eff. Sept. 11, 1980. 46:8B-37. Application of act The provisions of this act shall not apply to any lease involving the use of parking, recreational or other common facilities or areas at a condominium project where such parking, recreational or other common facilities have been fully completed and in operation as of the effective date of this act and the lease therefore is duly executed, whether before or after the effective date of this act, by the developer and the association. L.1979, c. 297, s. 7, eff. Jan. 17, 1980. 46:8B-38. Right of first refusal clause in contract for sale of condominium, master deed or association bylaws; applicability to state or any political subdivision No contract for the sale of a condominium unit executed on or after the effective date of this amendatory and supplementary act, nor any master deed or association bylaws adopted on or after that date, shall contain a clause or provision affording the developer or the association the right of first refusal to buy a condominium unit upon resale, gift or devise by the condominium unit owner. No master deed or association bylaws, whenever adopted, shall be amended on or after such date to include any such clause or provision affording right of first refusal. This section shall not apply to the State of New Jersey or any political subdivision of this State or any department, division, office, agency or bureau thereof or any authority or instrumentality created thereby if said right is required by State or Federal law. L.1980, c. 103, s. 3, eff. Sept. 11, 1980.
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers
New Jersey Statutes Annotated Title 46, Chapter 23 ”Map Filing Law”
46:23-9.7. Repeals Sections 46:23-1, 46:23-2, 46:23-3, 46:23-4, 46:23-5, 46:23-6, 46:23-7, 46:23-8 and 46:23-9 of the Revised Statutes are repealed. L.1953, c. 358, p. 1941, s. 7. 46:23-9.8. Effective date This act shall take effect January first, one thousand nine hundred and fifty-four. L.1953, c. 358, p. 1941, s. 8. 46:23-9.9. Short title This act shall be known and may be cited as "the map filing law." L.1960, c. 141, p. 662, s. 1, eff. Jan. 1, 1961. 46:23-9.10. Definitions
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.
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers
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 project.
L.1960,c.141,s.2; amended 1997, c.211, s.1; 1998, c.23, s.2. 46:23-9.11. Requirements for approval
3. Requirements for Approval.
All subdivision plats, both major and where required minor, right of way 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 shall meet the requirements of subsections a. through d., subsections f. through i., 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. of this section.
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", 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.
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c. It 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.
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 labeled. Right of way parcel maps shall show bearings, distances and curve data for the right of way or the center line or 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 outbound corner markers shall be set pursuant to regulations promulgated by the State Board of Professional Engineers and Land Surveyors.
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.
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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 outbound corner markers as shown have been found, or set.
(Include the following, if applicable)
I do further certify that the monuments as designated and shown hereon have been set. ............................................................................ Licensed Professional Land Surveyor and No. (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 outbound corner markers as shown have been found, or set ............................................................................ Licensed Professional Land Surveyor and No. (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)
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I do further certify that the monuments as designated and shown hereon have been set. ............................................................................ Licensed Professional Land Surveyor and No. ( 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 has been given to the municipality, guaranteeing the future setting of the monuments shown on this map and so designated. ............................................................................ Municipal Clerk
(4) If the map is a right of way parcel map the project surveyor need only to 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:
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 municipal ordinances and requirements applicable thereto. ............................................................................ Municipal Engineer (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
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(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 the plate on the reference monument shall be stamped with the word "offset" and its relation to the monument shown on the filed map.
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(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) 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, 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 street.
L.1960,c.141,s.3; amended 1997, c.211, s.2; 1999, c.258. 46:23-9.12. Time for approval The proper authority shall approve or disapprove such map within 45 days from the receipt thereof. L.1960, c. 141, p. 667, s. 4. 46:23-9.13. Approval of map by municipality not acceptance of roads, streets or highways The approval of any map under this law by the proper authority shall in no way be construed as acceptance of any road, street or highway indicated thereon; nor shall any such approval in any way obligate the State of New Jersey or any county or municipality therein, to maintain or exercise jurisdiction over such roads, streets or highways. L.1960, c. 131, p. 667, s. 5.
46:23-9.14. Prerequisites to filing The county recording officer shall not accept for filing any map 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 and 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. Said map shall also comply with the provisions of section 3, paragraphs a. and b. of this act in order to be accepted for filing. L.1960, c. 141, p. 667, s. 6.
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers 46:23-9.15. Filing and indexing of maps, fee The county recording officer of each county shall, when received by him for that purpose in accordance with the provisions of this law file in folios, slides, cabinets or other receptacles, maps of land lying in whole or in part in the county where the same are offered to be filed; provided that he shall retain the original tracing on translucent tracing cloth or its equivalent unmounted in an appropriate file or container, for preservation and use for reproduction purposes only, prints of which may be made available to the public at a reasonable cost. He shall endorse on the tracing and cloth print duplicate the date of the filing thereof in his office, and he shall provide and keep a proper index of all maps on file in his office. The county recording officer shall, for filing and indexing each map receive such fee as may be provided by law, except that when any map shall be presented for filing by the State of New Jersey, or any of its agencies no fee shall be charged for the filing thereof. L.1960, c. 141, p. 669, s. 7. 46:23-9.16. Repeals Sections 1 to 6, both inclusive, of chapter 358 of the laws of 1953 entitled "An act concerning the approval and filing of maps, supplementing chapter 23 of Title 46, and repealing sections 46:23-1, 46:23-2, 46:23-3, 46:23-4, 46:23-5, 46:23-6, 46:23-7, 46:23-8 and 46:23-9, of the Revised Statutes" (approved August 10, 1953, P.L.1953, c. 358) are hereby repealed. L.1960, c. 141, p. 669, s. 8.
46:23-9.17. Nonapplicability of P.L. 1997, c.211 to certain maps relating to construction bids advertised prior to July 1, 2001
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.
e. In addition to sizes set forth in P.L. 1997, c.211, a map size of 22 inches by 36 inches
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L.1998,c.23,s.1. 46:23-9.18. Applicability of laws relative to filing of subdivision plat
3. The provisions of P.L.1997, c.211 shall not apply to the filing of any subdivision plat that was granted final approval by a municipal approving authority pursuant to the "Municipal Land Use Law," P.L.1975,c.291 (C.40: 55D-1 et seq.) on or prior to July 1, 1999.
L.1998,c.23,s.3. 46:23-10. Duplicates of maps in cities having atlases or block maps filed with recording officer and transmitted to proper city officer Whenever any map of lands situate in any city of this state that has or may have an atlas, or block map, upon which shall be plotted the lots or subdivision of lots of lands, is filed in the office of the county recording officer, or other officer, whose duty it is to record and file such maps, the person filing the same shall file a duplicate thereof, and the officer receiving such map shall indorse on such duplicate the time of recording and filing the original and deliver such duplicate to the officer of such city having charge of such city atlas or block map. This section shall have no application to maps filed by commissioners appointed to assess benefits derived from the construction of sewers, drains or other municipal improvements. 46:23-11. Approval and filing of duplicates of maps identical with maps already filed except as to style or title thereof; effect Whenever there has been or may be duly filed in the office of the county recording officer in any county maps of lands, and there have been made duplicate copies thereof, which copies have been delineated identically with the maps so filed, except for the style or title thereof, and such duplicate maps have not been filed in the office of such county recording officer, and there have been made conveyances of lands, or interests therein, and other instruments of similar nature, under which the lands intended to be conveyed or liened, have been described by reference to such unfiled map, the governing body of any municipality within this state and located in any such county may provide for the filing of a duplicate of such map delineated identically with the filed map, even though the title or style of the map may be in different form from the filed map approved by such municipality in the manner prescribed by law; but any such approval and filing shall not constitute a dedication of the streets or lot locations as therein delineated; and any such approval and filing of any such map shall be merely for the identification of the lands therefore conveyed or liened, which approval shall be stated in the resolution adopted by the governing body approving such maps.
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TITLE 20 “EMINENT DOMAIN” 20:3-1. Short title This act shall be known and may be cited as the "Eminent Domain Act of 1971." L.1971, c. 361, s. 1. 20:3-2. Definitions When used in this act, unless the context or subject matter otherwise requires, the following words shall have the meanings ascribed to them under this section: (a) "Condemn" means to take private property for a public purpose under the power of eminent domain; (b) "Condemnor" means the entity, public or private, including the State of New Jersey, which is condemning private property for a public purpose under the power of eminent domain; (c) "Condemnee" means the owner of an interest in the private property being condemned for a public purpose under the power of eminent domain; (d) "Property" means land, or any interest in land, and (1) any building, structure or other improvement imbedded or affixed to land, and any article so affixed or attached to such building, structure or improvement as to be an essential and integral part thereof, (2) any article affixed or attached to such property in such manner that it cannot be removed without material injury to itself or to the property, (3) any article so designed, constructed, or specially adapted to the purpose for which such property is used that (a) it is an essential accessory or part of such property; (b) it is not capable of use elsewhere; and (c) would lose substantially all its value if removed from such property; (e) "Court" means Superior Court of New Jersey; (f) "Rules" means the applicable rules governing the courts of the State of New Jersey as promulgated from time to time by the Supreme Court of New Jersey; (g) "Action" means the legal proceeding in which (1) property is being condemned or required to be condemned; (2) the amount of compensation to be paid for such condemnation is being fixed; (3) the persons entitled to such compensation and their interests therein are being determined; and (4) all other matters incidental to or arising therefrom are being adjudicated.
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers (h) "Compensation" means the just compensation which the condemnor is required to pay and the condemnee is entitled to receive according to law as the result of the condemnation of property; (i) "Award" means the award of compensation made by the commissioners provided for herein; (j) "Judgment" means the adjudication by the court of any issue of fact or law, or both, arising under this act. The adjudication of the right to condemn shall be a final judgment. All other judgments shall be interlocutory or final, according to law, or as may be prescribed by the rules; (k) "Recording office" means the county office of each county in which the property being condemned, or any part thereof, is located, in which office conveyances of real property may be recorded; (l) "Days" means calendar days, calculated in accordance with the rules of court; (m) "Public utility" means and includes every public utility, as the same are enumerated in Revised Statutes 48:2-13, and every natural gas pipeline utility as defined in P.L.1952, chapter 166 (C. 48:10-2 et seq.) vested with the power of eminent domain and subject to regulation under State or Federal law. (n) Words used in the singular shall include the plural and vice versa. Words used in the neuter gender shall include masculine and feminine gender, as the case may be. L.1971, c. 361, s. 2. 20:3-3. Severability If any provision or clause of this act, or the application thereof to any person or circumstance is held to be invalid, such invalidity shall not affect other provisions or applications of the act, which can be given effect without the invalid provision or application, and to this end, the provisions of this act are declared to be severable. L.1971, c. 361, s. 3. 20:3-4. Effective date This act shall take effect immediately following the approval thereof, and shall apply to all actions instituted thereafter, and to all proceedings taken subsequent thereto in all actions pending on such effective date; except that judgments theretofore entered or awards theretofore made pursuant to law from which no appeal is pending on such effective date, shall not be affected by the provisions hereof. L.1971, c. 361, s. 4.
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers 20:3-5. Jurisdiction The court shall have jurisdiction of all matters in condemnation, and all matters incidental thereto and arising therefrom, including, but without limiting the generality of the foregoing, jurisdiction to determine the authority to exercise the power of eminent domain; to compel the exercise of such power; to fix and determine the compensation to be paid and the parties entitled thereto, and to determine title to all property affected by the action. L.1971, c. 361, s. 5. 20:3-6. Application of act Whenever any condemnor shall have determined to acquire property pursuant to law, including public property already devoted to public purpose, but cannot acquire title thereto or possession thereof by agreement with a prospective condemnee, whether by reason of disagreement concerning the compensation to be paid or for any other cause, the condemnation of such property and the compensation to be paid therefor, and to whom payable, and all matters incidental thereto and arising therefrom shall be governed, ascertained and paid by and in the manner provided by this act; provided, however, that no action to condemn shall be instituted unless the condemnor is unable to acquire such title or possession through bona fide negotiations with the prospective condemnee, which negotiations shall include an offer in writing by the condemnor to the prospective condemnee holding the title of record to the property being condemned, setting forth the property and interest therein to be acquired, the compensation offered to be paid and a reasonable disclosure of the manner in which the amount of such offered compensation has been calculated, and such other matters as may be required by the rules. Prior to such offer the taking agency shall appraise said property and the owner shall be given an opportunity to accompany the appraiser during inspection of the property. Such offer shall be served by certified mail. In no event shall such offer be less than the taking agency's approved appraisal of the fair market value of such property. A rejection of said offer or failure to accept the same within the period fixed in written offer, which shall in no case be less than 14 days from the mailing of the offer, shall be conclusive proof of the inability of the condemnor to acquire the property or possession thereof through negotiations. When the holder of the title is unknown, resides out of the State, or for other good cause, the court may dispense with the necessity of such negotiations. Neither the offer nor the refusal thereof shall be evidential in the determination of compensation. L.1971, c. 361, s. 6. 20:3-7. Procedure in actions (a) Rules of procedure. The procedure governing the action shall be in accordance with the rules. (b) Multiple proceedings. The condemnation of 10 or less parcels of property lying wholly within the same county may be joined in one action; provided that a separate award, judgment and appeal shall be made, entered and taken with respect to each parcel more than 10 parcels may be joined in one action
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers only with leave of court. (c) Amendments. Amended and supplemental pleadings, descriptions, surveys, plans, declarations of taking and the like, may be permitted and parties added or eliminated, in accordance with the rules. L.1971, c. 361, s. 7. 20:3-8. Commencement of action The action shall be instituted by filing of a verified complaint in form and content specified by the rules and shall demand judgment that condemnor is duly vested with and has duly exercised its authority to acquire the property being condemned, and for an order appointing commissioners to fix the compensation required to be paid. L.1971, c. 361, s. 8. 20:3-9. Process After the filing of the complaint, the condemnor shall issue and with due diligence, cause process to be served or published in accordance with the rules. Notice given and process served or published in accordance with the rules shall be effective to bind all condemnees. L.1971, c. 361, s. 9. 20:3-10. Lis pendens Within 14 days after the filing of the complaint, the condemnor shall cause to be filed and recorded in the recording office, a notice of the pendency of the action, in form and content specified by the rules. Such notice shall include the title of the action; the docket number thereof, if known; the date of the commencement of the action, a description of the property and the interests therein being condemned, as set forth in the complaint; and the names and addresses of all condemnees known to the condemnor and the nature of their alleged interests in said property. The lis pendens shall be indexed by the recording official, listing the condemnees as grantors and the condemnor as grantee. In default of such record, persons acquiring an interest in or lien upon the property without actual notice of the action, shall not be bound thereby but the failure to comply with the provisions of this section shall not otherwise affect such proceedings. L.1971, c. 361, s. 10. 20:3-11. Denial of authority to condemn Failure to deny the authority of the condemnor to condemn in the manner provided for by the rules, shall constitute a waiver of such defense. When the authority to condemn is denied, all further steps in the action shall be stayed until that issue has been finally determined. L.1971, c. 361, s. 11.
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers 20:3-12. Appointment of commissioners and hearings (a) Waiver of appointment of commissioners. By stipulation filed in the cause, the condemnor and all condemnees may waive the appointment of commissioners and in such event, the action shall proceed to trial before the court. (b) Appointment and qualification of commissioners. Upon determination that the condemnor is authorized to and has duly exercised its power of eminent domain, the court shall appoint 3 commissioners to determine the compensation to be paid by reason of the exercise of such power. Such commissioners shall be residents of the county in which any part of the property being condemned is located or, in the case of the commissioner who must be an attorney, be actively engaged in the practice of law in the county. One of such commissioners shall be an attorney, admitted to practice in this State for at least 10 years, who shall preside at all hearings and rule on all questions of evidence and procedure, subject to a review by a majority of the commissioners. The commissioners shall take and subscribe an oath faithfully and impartially to perform their duties, and to make a true award to the best of their skills and understanding, which oath shall be filed with their award. Should a commissioner die, become disqualified, unable, neglect or refuse to act, the remaining 2 commissioners shall perform the duties of office with the same authority as if all commissioners were acting. The court may fill any vacancy in office, and for cause, may vacate any appointment and appoint a successor in office. (c) Hearings--subpoena. Upon notice of at least 10 days, the commissioners shall hold hearings at which the parties and their witnesses may be heard, under oath, administered by any commissioner. The conduct of the hearings shall be governed by the rules of evidence except that testimony as to comparable sales shall be considered an exception to the hearsay rule. The compulsory attendance of witnesses and production of records thereat may be compelled by the commissioners. At the request of any party, and at his expense, a stenographic record of the hearing shall be maintained. A majority of commissioners shall be in attendance at all hearings. (d) Limited discovery. At least 15 days prior to the hearing the parties shall exchange a list of comparable sales intended to be introduced by them setting forth as to each comparable sale the following information: name of seller and purchaser; location of property by block, lot and municipality; date of sale; the consideration; and book and page of recording. No party shall be permitted to offer testimony of any comparable sale not set forth in said list unless consented to by all other parties. There shall be no discovery on the issue of the authority to condemn except by leave of court. (e) Proof. At the hearing, the condemnor shall proceed first to offer proof of the nature and extent of the taking, and its opinion of the compensation payable by reason thereof. (f) Inspection of property. Commissioners may inspect the property being condemned, and shall so inspect when requested by any party, and in addition, when requested by any party, the commissioners shall inspect two of the comparable sales testified to by said party. Such inspection may be in the absence of the parties, unless attendance at inspection is requested by the parties, or any of them. This right of inspection shall exist notwithstanding that the structures on the property may have been demolished and the site altered.
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers (g) Award of commissioners. Within 4 months next following their appointment, or within any extended period in accordance with the rules, the commissioners, or a majority of them, shall make and file in form and content fixed by the rules, an award fixing and determining the compensation to be paid by the condemnor. The requirements respecting the time of filing of such award shall be directory and not mandatory, and a failure to make and file the same within the time specified, shall not invalidate the award or oust the commissioners of jurisdiction to complete their duties. Upon its own motion, or on application of any party, made within 60 days after the filing of the award, the court may authorize the commissioners to amend, supplement, modify, or correct their award. (h) Judgment. Any award as to which no appeal is taken in accordance with the rules, shall become final as of course, and shall constitute a final judgment. If not paid within 60 days after final judgment, execution may issue as in other actions at law. (i) Commissioners' fees and expenses. The court, upon application of any party, including the commissioners, shall fix reasonable fees, costs and expenses of the commissioners, clerks and other persons performing any of their duties, all of which shall be paid by the condemnor. L.1971, c. 361, s. 12. 20:3-13. Appeal (a) Parties Any party who has appeared at the hearings of the commissioners, either personally or through an attorney, may appeal from the award of the commissioners. Such appeal shall be taken within the period and in the manner provided by the rules. The necessary parties to the appeal shall be only such parties who have appeared at the commissioners' hearings. Other parties may be admitted by the court pursuant to the rules. (b) Hearing on appeal The hearing on appeal shall be a trial de novo, as in other actions at law, without a jury, unless a jury be demanded. The award of the commissioners shall not be admitted in evidence. (c) Limited discovery A valuation expert who has not testified at the hearing before the commissioners shall not be permitted to testify at the trial de novo, unless, within 15 days before trial the party offering such testimony gives notice to the other parties to the appeal of the name and address of such expert and his opinion of the amount of compensation and information relative to comparable sales as required by the rules. The information required by the rules shall be supplied as to all additional comparable sales not previously testified to before commissioners. (d) Payment of amount of judgment on appeal; right to possession; lien; other remedies The amount of the judgment on the appeal, or so much thereof as shall not have been paid, shall be paid to the parties entitled thereto or paid into court. If possession shall not have been taken theretofore, the condemnor, upon payment as aforesaid, may notwithstanding any further appeal or other proceedings, take possession of the
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers lands or other property for the purposes for which the same was authorized to be taken. L.1971, c. 361, s. 13. 20:3-14. Agreement as to compensation At any time during the pendency of the action, the condemnor and the condemnees may agree upon all or any part or any item of compensation to be paid, and then proceed to have those parts or items not agreed upon, fixed and determined as herein provided. The condemnor may make payment of any part or item thereof agreed upon, and condemnees may accept such payment, without prejudice, and proceed to fix and determine the parts and items remaining in dispute. L.1971, c. 361, s. 14. 20:3-15. Exclusion The provisions of this article shall not apply to individuals or private corporations vested with the authority of condemnation. L.1971, c. 361, s. 15. 20:3-16. Preliminary entry Prior to the commencement of any action, a prospective condemnor and its employees and agents, during reasonable business hours, may enter upon any property which it has authority to condemn for the purpose of making studies, surveys, tests, soundings, borings and appraisals, provided notice of the intended entry for such purpose is sent to the owner and the occupant of the property by certified mail at least 10 days prior thereto. No tests, soundings or borings shall be made on property in which there exists a pipeline or other underground utility installation except in the presence of a representative designated by the public utility owning or using the same. If an action to condemn is not commenced within 2 years after such preliminary entry, any damages sustained as a result thereof, shall be paid by the condemnor to the person or persons so damaged. The amount of such damages, if any, and the person or persons entitled thereto, shall be determined by the court in a summary action pursuant to the rules. L.1971, c. 361, s. 16. 20:3-17. Possession of property and declaration of taking At any time contemporaneous with or after the institution of an action and service of process, the condemnor may file in the action, when empowered to do so by law, and if so filed, shall also file in the recording office, a declaration of taking, duly executed by an executive official of the condemnor, in form and content specified by the rules, including the following: (a) a statement that possession of all or some part of the property being condemned is thereby being taken by the condemnor; (b) a specific reference to the statute, article and section thereof, under which the action and declaration of taking is authorized;
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers (c) a description and plot plan of the property being condemned, and, if not the entire property, the portion thereof of which possession is being taken, sufficient for identification thereof, specifying the municipality or municipalities in which the same is located; the street number of the property, if any; the lot and block number of the property as designated upon the current assessment map, if any. In case of a partial taking, the information above specified shall include the entire property of the condemnee, and the portion thereof being taken; (d) the names and addresses of all condemnees known to the condemnor after reasonable investigation, and the nature of their interests in the property; (e) a statement of the estate or interest therein being condemned; (f) a statement of the sum of money estimated by the condemnor to be just compensation for the taking, which sum shall be not less than the amount of the offer, in writing, provided for in section 6 hereof. (g) Any other matter required by the rules. L.1971, c. 361, s. 17. 20:3-18. Deposit of estimated compensation Simultaneously with the filing of the declaration of taking, the condemnor shall deposit the amount of such estimated compensation with the clerk of the court. The amount so deposited shall be not less than the amount offered pursuant to section 6 hereof, and if an award has been made by commissioners hereunder, or a judgment determining compensation has been entered at the time of the filing of such declaration, the amount so deposited shall be not less than the amount of such award or judgment. Any amount so deposited shall not be subject to the fees set forth in N.J.S. 22A:2-20. L.1971, c. 361, s. 18. 20:3-19. Right to possession and vesting of title A copy of the declaration of taking and notice of the filing thereof and of the making of the aforesaid deposit, shall be served upon the condemnee and all occupants of the property in accordance with the rules, and proof of such service shall be filed in the action. Thereupon, the right to the immediate and exclusive possession and title to the property described in the declaration of taking shall vest in the condemnor, free and discharged of all right, title, interest and liens of all condemnees without the necessity of further process provided however, that the court may, upon application and good cause shown, stay the taking of possession of the land or other property, or authorize possession to be taken upon prescribed conditions. A property owner who refuses to vacate said property or yield possession and remains in possession more than 20 days after service of notice shall be deemed a trespasser and shall be then liable for rents, issues and profits 20 days after service. The court, upon notice and after determining that the property owner has had adequate opportunity to obtain any funds payable to him under sections 23 and 26 of this act and any other expenses to which he may be entitled to as a matter
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers of law, shall enter an order for possession directed to the sheriff of the county in which the property is located. If the owner or tenant occupies the property with the condemnor's permission on a rental basis for a short term or for a period subject to termination on short notice, the amount of rent required shall not exceed the fair rental value of the property to a short term occupier. Such right, title and interest shall be transferred and shall attach to the compensation determined to be payable hereunder, to the same extent and in the same order of priority as existed at the date of vesting of title in condemnor. The pendency of an appeal from an award or judgment hereunder shall not interfere with such vesting of title. L.1971, c. 361, s. 19. 20:3-20. Nature of title condemned The title to property condemned and acquired by the condemnor hereunder, shall be a title in fee simple, free and discharged of all right, title, interest and liens of all condemnees, and shall include all the right, title and interest of each condemnee therein, provided, however, that if the complaint or any amendment thereof shall specify a lesser title, the lesser title so specified shall be the title condemned and acquired. L.1971, c. 361, s. 20. 20:3-21. Date of vesting of title Title to the property condemned shall vest in the condemnor as of the earliest date of the happening of any of the following events: (a) Filing and recording the declaration of taking and depositing funds pursuant to sections 17 and 18 of this act; (b) Filing and recording in the recording office of the report of commissioners and payment of the award; (c) Filing in the action and recording in the recording office, an agreement between condemnor and condemnee fixing the date as of which title shall vest; (d) Paying and satisfying of record a final judgment fixing compensation payable hereunder. L.1971, c. 361, s. 21. 20:3-22. Appeal not to affect right to possession and vesting of title The pendency of an appeal with respect to any issue other than the authority to condemn, shall not affect the right to possession and vesting of title in the condemnor. L.1971, c. 361, s. 22.
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers 20:3-23. Withdrawal of funds Upon application of any condemnee, or any other party in interest, and on notice to all parties to the action, including the condemnor, the court may direct that the estimated compensation on deposit, or any part thereof, be paid to the person or persons entitled thereto, on account of the compensation to which they may be entitled in the action; provided, that if the award or judgment fixing such compensation be less than the amount paid pursuant hereto, the person to whom such payment has been made shall repay the same, together with interest at a rate to be fixed by the court from the date of payment to such person, and the court, after hearing in a summary manner, may enter judgment therefor; and provided, further, that if the award or judgment fixing such compensation be more than the amount deposited, condemnor shall pay the excess to the condemnee entitled thereto, with interest at a rate to be fixed by the court from the date of the deposit, and the court, after hearing in a summary manner, may enter judgment therefor against the condemnor. The court, upon notice to all parties, shall enter appropriate orders distributing any balances on deposit. L.1971, c. 361, s. 23. 20:3-24. Revesting of title and restoration of possession If, after the filing of a declaration of taking, a judgment shall be entered dismissing the action, title to and possession of the property shall revest in the condemnee, subject to the same right, title, interest and liens as existed as of the date of the filing of the declaration of taking. In such event, condemnor shall file and record the judgment and pay any damages sustained by the condemnee as a result of the action of the condemnor, and the expenses of the condemnee. L.1971, c. 361, s. 24. 20:3-25. Compelling condemnor to file declaration of taking If within 6 months from the date of appointment of commissioners, the condemnor fails to file a declaration of taking, the court, upon application of any condemnee, and on notice to all parties in interest, may require the condemnor, at its election, to either file a declaration of taking and make the deposit hereinabove provided, or abandon the proceedings pursuant to section 35 hereof. For good cause and upon terms, the court may extend the time for the filing of such declaration of taking, but not more than 3 months after the commencement of the action. L.1971, c. 361, s. 25. 20:3-26. Owner reimbursement by condemnor a. The condemnor, as soon as practicable after the date of payment of the acquisition price or the date of deposit in court of funds to satisfy the award of compensation, whichever is earlier, shall reimburse the owner for actual expenses he necessarily incurred for (1) recording fees, transfer taxes and similar expenses incidental to conveying such real property to the condemnor; and (2) the pro rata portion of real property taxes paid which are allocable to a period subsequent to the date of vesting title in the condemnor, or the effective date of possession of such real
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers property by the condemnor, whichever is earlier; and (3) Penalty costs for prepayment of any mortgage entered into in good faith encumbering real property if the mortgage is on record or has been filed for record as provided by law on the date of approval by the taking agency of the location of the project. As used in this subsection "taking agency" means an "agency" as defined under section 3 of P.L.1972, c.47 (C.27:7-74). b. If the court renders final judgment that the condemnor cannot acquire the real property by condemnation or, if the condemnation action is abandoned by the condemnor, then the court shall award the owner of any right, or title to, or interest in such real property, such sum as will reimburse such owner for his reasonable costs, disbursements and expenses actually incurred, including reasonable attorney, appraisal, and engineering fees. c. When a plaintiff shall have brought an action to compel condemnation against a defendant having the power to condemn, the court or representative of the defendant in case of settlement shall, in its discretion, award such plaintiff his reasonable costs, disbursements, and expenses, including reasonable appraisal, attorney and engineering fees actually incurred regardless of whether the action is terminated by judgment or amicable agreement of the parties. L. 1971, c. 361, s. 26; amended 1989,c.50,s.13. 20:3-27. Deposit and withdrawal of funds not prejudicial Neither the making of the deposit nor any withdrawal thereof pursuant to this article, shall affect or prejudice the rights of either the condemnor or the condemnee in the determination of compensation. The amount of such deposit and any withdrawal thereof, shall not be evidential in such determination. L.1971, c. 361, s. 27. 20:3-28. Fees of clerk of the court Where the clerk of the court is authorized to charge and deduct statutory fees or commissions by reason of the deposit and disbursement of funds pursuant to this article, such fees and commissions shall be paid by the condemnor. L.1971, c. 361, s. 28. 20:3-29. Compensation The condemnee shall be entitled to compensation for the property, and damages, if any, to any remaining property, together with such additional compensation as provided for herein, or as may be fixed according to law. L.1971, c. 361, s. 29.
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers 20:3-29.1. Compensation for loss of income The condemnor of agricultural or horticultural land which is eligible for valuation, assessment, and taxation under the "Farmland Assessment Act of 1964," P.L. 1964, c. 48 (C. 54:4-23.1 et seq.), shall compensate the condemnee for any loss of income resulting from the interference of the condemnation proceeding with the harvesting of any standing crops or other agricultural commodities in an amount determined according to their appropriate time of harvest, and for the remainder of their average productive life, separate and apart from compensation for the fair market value of the land. This act shall apply to all actions instituted hereafter, and to all proceedings taken subsequent hereto in all actions pending on the effective date of this act; except that judgments heretofore entered or awards heretofore made pursuant to law from which no appeal is pending on the effective date of this act are not affected by the provisions hereof. L. 1986, c. 53, s. 1, eff. July 17, 1986. 20:3-30. Determination date of just compensation
30. Just compensation shall be determined as of the date of the earliest of the following events: (a) the date possession of the property being condemned is taken by the condemnor in whole or in part; (b) the date of the commencement of the action; (c) the date on which action is taken by the condemnor which substantially affects the use and enjoyment of the property by the condemnee; or (d) the date of the declaration of blight by the governing body upon a report by a planning board pursuant to section 38 of P.L.1971, c.361 (C.20:3-38), or, in the case of a property being maintained as an abandoned property for failure to remove the property from the abandoned property list, as provided pursuant to subsection c. of section 37 of P.L.1996, c.62 (C.55:19-56), if there was no declaration of blight, as of the date of expiration of the condemnee's right to appeal inclusion of the property on the abandoned property list. Amended 1996, c.62, s.42. 20:3-31. Payment of interest Interest as set by the court upon the amount of compensation determined to be payable hereunder shall be paid by the condemnor from the date of the commencement of the action until the date of payment of the compensation; provided, however, that there shall be excluded from the amount upon which interest shall be calculated, all moneys deposited pursuant to Article V hereof; and provided, further, that interest payable hereunder shall be subject to abatement for rents and profits derived from the property by the condemnee during the period for which interest is payable hereunder, and/or for the fair rental value of such property or any portion thereof occupied by the condemnee during such period. L.1971, c. 361, s. 31. 20:3-32. Disputes as to interest Unless agreed upon by the parties, the amount of such interest shall be fixed and determined by the court in a summary manner after final determination of compensation, and shall be added to the amount of the award or judgment, as the case may be. L.1971, c. 361, s. 32.
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers 20:3-33. Possession by individuals or private corporations Individuals and private corporations vested with the authority of condemnation may, upon the filing of the report of the commissioners and upon payment, to the parties entitled thereto or into court, of the amount awarded as provided in this act, take possession of the land or other property for the purposes for which the same was authorized to be taken. The report of the commissioners, together with the order or judgment appointing them, or a copy thereof certified by the clerk of the court, and proof of such payment of the amount awarded shall be plenary evidence of the right of the condemnor to have, hold, use, occupy, possess and enjoy the land and other property. L.1971, c. 361, s. 33. 20:3-34. Deposit of funds where ownership in dispute If the condemnee entitled to receive the award or judgment upon tender thereof, shall refuse to receive the same, or shall be out of the State, or under any legal disability; or in case several condemnees interested in the fund shall not agree as to the distribution thereof; or in case the property condemned shall be encumbered by mortgage, judgment or other liens; or if for any other reason the condemnor cannot reasonably pay the award or judgment to any person, the amount thereof may be deposited with the clerk of the court, to be distributed to the parties entitled thereto according to law. The procedure for distributing the funds shall be in accordance with the rules. L.1971, c. 361, s. 34. 20:3-35. Abandonment of proceedings Any action hereunder may be abandoned at any time before or within 30 days after the filing of the award of commissioners; or in the event of an appeal from such award, at any time before or within 30 days after the entry of judgment; or in the event that a hearing before commissioners shall have been waived, at any time before or within 30 days after judgment has been entered in said action; provided, however, that no such action shall be abandoned after the filing of a declaration of taking pursuant to Article V hereof, or after the vesting of title in any condemnor pursuant hereto; and provided further, that (a) a discharge of the notice of lis pendens is filed, and (b) the condemnor shall pay the expenses of all condemnees who have appeared in the action. Nothing herein shall preclude abandonment at any time by mutual consent of the parties. L.1971, c. 361, s. 35. 20:3-36. Method of abandonment The abandonment shall be effected by filing and serving notice of abandonment. L.1971, c. 361, s. 36.
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers 20:3-37. Uneconomic remnants If as a result of a partial taking of property, the property remaining consists of a parcel or parcels of land having little or no economic value, the condemnor, in its own discretion or at the request of the condemnee, shall acquire the entire parcel. L.1971, c. 361, s. 37. 20:3-38. Blighted areas The value of any land or other property being acquired in connection with development or redevelopment of a blighted area shall be no less than the value as of the date of the declaration of blight by the governing body upon a report by a planning board. L.1971, c. 361, s. 38. 20:3-39. Housing authority or redevelopment agency; declaration of taking Upon the institution of an action by a housing authority or redevelopment agency to fix the compensation to be paid, or at any time thereafter, a duly authorized officer or agent of the housing authority or redevelopment agency may file with the Clerk of the Superior Court a declaration of taking in the manner provided by this act. L.1971, c. 361, s. 39. 20:3-40. Acquisitions by State colleges; declaration of taking Whenever a State college is authorized by law to acquire lands or rights therein, the Director of the Division of Purchase and Property may acquire such lands or right therein by gift, devise, purchase, or by condemnation in the manner provided by this act. L.1971, c. 361, s. 40. 20:3-41. Lands etc. needed for defense or for airports; declaration of taking Whenever the State or any commission, official, board or body thereof or any county or municipality shall determine to acquire lands, easements, rights-of-way or other property to be used by the United States of America, the State of New Jersey or said county or municipality, for furthering national or State defense, or for developing or building airports or providing surface or aerial approaches thereto, by condemnation pursuant to this act, and shall represent to the court that it is necessary for such purposes that the plaintiff enter into possession of the same immediately, the plaintiff may, with leave of court, file with the Clerk of the Superior Court a declaration of taking in the manner provided for by this act. L.1971, c. 361, s. 41. 20:3-42. Recovery of taxes or other municipal liens or charges The provisions of this act shall not be construed to prevent any municipality from retaining from or recovering out of any moneys paid by it into court, under this act, any sum or sums due to such municipality, for taxes or other municipal liens or charges against any property taken in condemnation. L.1971, c. 361, s. 42.
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers 20:3-43. Right of owner to recover amount awarded; lien The report of the commissioners together with the order or judgment appointing them, or a copy thereof certified by the clerk of the court, shall be plenary evidence of the right of the owner of the land or other property taken to recover the amount awarded with interest and costs, in the action or in an action in any court of competent jurisdiction to be instituted against the plaintiff after failure to pay the same for 20 days after the filing of the report, and shall from the time of filing the report be enforceable as a lien upon the land or property taken and any improvements thereon. L.1971, c. 361, s. 43. 20:3-44. Payment of amount of judgment on appeal; right to possession; lien, other remedies The amount of the judgment on the appeal, or so much thereof as shall not have been paid, shall be paid to the parties entitled thereto or paid into court as provided in section 34 of this act. If possession shall not have been taken theretofore, the plaintiff, upon payment as aforesaid, may, notwithstanding any further appeal or other proceedings, take possession of the lands or other property for the purposes for which the same was authorized to be taken. The persons entitled to receive payment of the judgment shall be entitled to the same lien as is provided in section 34 of this act for the collection of awards of commissioners and shall have such other remedies as may be appropriate for the recovery of the same. L.1971, c. 361, s. 44. 20:3-45. Condemnation of public utility property by municipality; after acquired property and improvements Where an award has been made in an action by a municipality for the condemnation of property of a public utility company and the award has been paid to the parties entitled thereto or the amount thereof paid into court, the municipality, in addition to having the right to take possession of the property so condemned, may take possession of such other property as the company has acquired, and any improvements made in its plant, since the commencement of the action, in advance of making compensation therefor, provided the municipality cannot acquire said property and improvements by agreement with the owner, either by reason of disagreement as to price, or the legal incapacity or absence of the owner, or his inability to convey valid title, or by reason of any other cause. Upon a municipality exercising this right and entering upon and taking the after-acquired property and improvements in advance of making compensation therefor, the municipality shall apply to the commissioners therefore appointed in the action to fix the compensation to be paid the persons interested for the after-acquired property and improvements. Thereupon the commissioners shall make a just and equitable appraisement of the value of all such after-acquired property and improvements and damages if any, in accordance with this act. Upon the making of the award the municipality shall pay the amount thereof unless an appeal is taken
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers therefrom to the Superior Court as provided for in section 13 of this act, in which case the amount of the award shall be paid upon final determination thereof. L.1971, c. 361, s. 45. 20:3-46. Sidewalks; lands condemned for highways to include; condemnation of lands for sidewalks Unless otherwise particularly specified in the resolution, map, complaint and other proceedings for the acquiring of land or rights-of-way, or both, for public highways in the manner set forth in this act the boundary lines of the said road and highways, or portion thereof so taken and acquired, shall include within the boundaries thereof all land necessary and desired for the locating of sidewalks or other space then needed, or thereafter to be utilized as sidewalk, and whether the same shall then or thereafter be intended to be paved for use by pedestrians as sidewalks. All land lying outside of and adjoining the outer boundary lines of any public road or highway, the boundaries of which have been established according to law prior to April 28, 1931, and which lands or the use thereof shall be required for the purpose of laying out, grading and constructing sidewalks for the use of pedestrians, shall be taken, acquired and occupied from and as against the rightful owner thereof, only in accordance with this act and upon paying compensation therefor, to be fixed and determined in the manner prescribed by this act. Nothing in this section shall limit or impair or deprive any municipality or county of the right to ordain or order the grading and the construction of a paved surface for any sidewalk above referred to, and the assessing of the proportionate cost thereof, against the owner of the property thereby improved as a local public improvement in the manner now provided by law. L.1971, c. 361, s. 46. 20:3-47. Improvement with payment for property taken by assessments against improvement; election to proceed under separate statute Where land or other property is taken or to be taken by a municipal corporation or other public body for public improvement and payment of the compensation for the land or other property and damages is authorized by statute to be set off against or made wholly or partially in benefits to be assessed for the same improvement, the municipal corporation or other body may elect to proceed under such statute and on such election the proceeding shall not be governed by this chapter, except as provided by such statute. L.1971, c. 361, s. 47. 20:3-48. Reference to prior law as reference to this act Any reference to Title 20 of the Revised Statutes or to any section or sections thereof or any amendment or supplement thereof in any other statute, in effect on the effective date of this act, shall hereafter be given effect as though reference therein were made to this act or the applicable provisions thereof. L.1971, c. 361, s. 48.
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers 20:3-49. Repeal of chapter 1 of Title 20 and P.L.1942, chapter 14 Chapter 1 of Title 20 of the Revised Statutes and P.L.1942, chapter 14 are repealed as of the effective date hereof; provided, however, that this act shall not affect statutes insofar as they regulate the ascertainment and payment of compensation for property condemned or taken by bodies organized and administered as a result of or under compacts between States. L.1971, c. 361, s. 49. 20:3-50. Repeal of inconsistent acts; application of act to agencies, utilities, etc. with power of eminent domain All acts and parts of acts inconsistent with any of the provisions of this act are, to the extent of such inconsistency, hereby repealed. This act shall apply to every agency, authority, company, utility or any other entity having the power of eminent domain exercisable within the State of New Jersey except as exempted in section 49 of this act. L.1971, c. 361, s. 50.
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers
TITLE 27 “HIGHWAYS”
27:19-1. Construction; maintenance and repair; joint county bridges The board of chosen freeholders may construct, or acquire by gift, purchase or condemnation, and maintain and operate, and widen when necessary, viaducts and bridges, including drawbridges, in the county, when and where the public convenience requires, and keep all viaducts and bridges wholly within the county in repair and in safe condition for public travel. Boards of chosen freeholders of counties adjoining each other but separated in whole or in part by a ravine, marsh, river or stream, may jointly construct, or acquire by gift, purchase or condemnation, and maintain and operate, and widen when necessary, viaducts and bridges, including drawbridges, at their joint expense, over such ravine, marsh, river or stream, when and where the public convenience requires, and keep all such viaducts and bridges in repair and in safe condition for public travel. 27:19-2. Petition for bridge or viaduct; referendum; resolution If twenty per cent of the legal voters in a county believe that the public convenience requires that a viaduct or bridge should be constructed and maintained in the county, and the board of chosen freeholders has failed or neglected to construct the viaduct or bridge, they may present to the board their petition in writing setting forth the necessity for the viaduct or bridge, the location thereof and other particulars in regard thereto. Upon the filing of the petition with the clerk of the board, duly signed by such voters with their residences opposite their names, and requesting a referendum vote on the question of the construction of the viaduct or bridge, the board of chosen freeholders shall forthwith adopt a resolution that a vote is required upon the question, or it may proceed at once with the construction of the viaduct or bridge or cause it to be constructed, after the adoption of a resolution providing therefor. 27:19-3. Ballot; form and content If the board adopts a resolution that a vote is required upon the question, a certified copy of the resolution shall at once be filed with the county clerk, who shall in the manner and form provided by law, place the question upon all the ballots used at the next general election in the county in substantially the following form: "To vote upon the public question printed below, if in favor thereof mark a cross (X) or plus (+) in the square at the left of the word YES, and if opposed thereto mark a cross (X) or plus (+) in the square at the left of the word NO. [ ] YES "Shall the board of chosen freeholders construct [ ] NO and maintain a viaduct (or bridge, as the case may be), at (set forth location and particulars)." If a majority of the legal voters of the county voting at the election vote in favor of the
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers proposition the board shall forthwith proceed to build and construct the viaduct or bridge, or cause it to be constructed and thereafter maintain and operate it. 27:19-4. Petition for bridge or viaduct in adjoining counties; referendum or resolution If twenty per cent of the legal voters in each of any adjoining counties believe that the public convenience requires that a viaduct or bridge be constructed and maintained over any ravine, marsh, river or stream separating such counties, or part thereof, and the boards of chosen freeholders have failed and neglected to construct such viaduct or bridge, they may present to the board of chosen freeholders of their respective counties their petition in writing, setting forth the necessity for the viaduct or bridge, the location thereof, and other particulars in regard thereto. Upon the filing of such petitions with the clerks of the respective boards, duly signed by such voters with their residences set forth opposite their signatures, and requesting a referendum vote on the question of the construction of such viaduct or bridge, the boards of chosen freeholders shall forthwith adopt resolutions that a vote is required upon the question, or may proceed at once with the construction of the viaduct or bridge, or cause it to be constructed, after adopting resolutions providing therefor. If the boards of chosen freeholders adopt resolutions that a vote is required upon the question, a certified copy of the resolutions shall be forthwith filed with the clerk of each of the counties, who shall, in the manner and form provided by law, place the question upon all the ballots used at the next general election in his county in substantially the following form: "To vote upon the public question printed below, if in favor thereof mark a cross (X) or plus (+) in the square at the left of the word YES, and if opposed thereto mark a cross (X) or plus (+) in the square at the left of the word NO. "Shall the board of chosen freeholders of [ ] YES ......... county, and the board of chosen freeholders of county construct and maintain a viaduct (or [ ] NO bridge, as the case may be), at ................... (set forth location and particulars)?" If a majority of the legal voters of each county voting at such election, shall vote in favor of the proposition, the boards of chosen freeholders shall forthwith proceed to construct such viaduct or bridge, or cause it to be constructed and thereafter maintain and operate it. 27:19-5. Acquisition of property and rights therein; payment In order to carry out the provisions of sections 27:19-1 to 27:19-4 of this title the board or boards, as the case may be, of chosen freeholders may acquire by gift, purchase or condemnation any lands, lands under water, riparian rights, or any other property, rights, privileges or franchises, required for the construction of such viaduct or bridge and its approaches, or any part
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers thereof, and pay for the same and the expenses of acquiring the same, out of any moneys applicable to the construction of such viaduct or bridge. 27:19-6. Bridges and viaducts to connect highways All viaducts and bridges, with their approaches, shall connect at each end with a public road or street, or at one end with a public road or street and at the other end with a public park or recreation ground notwithstanding that such public park or recreation ground shall have no roads or streets laid out therein. Where necessary to make such connections, the viaduct or bridge, or its approaches, shall be carried over any ravines, marshes, pits, railroad cuts, embankments, tide washed lands, canals, or other obstructions. 27:19-7. Commission to settle disputes; appointment, powers, duties and compensation Whenever it shall have been determined that the public convenience requires that a viaduct or bridge be constructed at the joint expense of adjoining counties, or that a viaduct or bridge being maintained at such joint expense should be repaired or rebuilt, and the boards of chosen freeholders of such counties shall be unable to agree as to the location or character of the new viaduct or bridge, or as to the materials of which it shall be constructed, or as to whether a viaduct or bridge already erected and out of repair shall be repaired or rebuilt, or if said boards shall be unable to agree in any respect as to the manner or method of repairing or rebuilding any such viaduct or bridge, either of the boards may apply to a judge of the Superior Court, who shall appoint three commissioners who shall meet forthwith and summarily inquire into the matters in dispute. To that end the commissioners may employ one or more civil engineers and other persons. If in the judgment of the commissioners it shall be determined that the public convenience requires that the viaduct or bridge be constructed or repaired or rebuilt, they, or a majority of them, shall make and sign a report, under their hands, determining the matters in dispute, and cause a duplicate original of the report to be filed with the clerk of each of the boards. The commission may have plans, drawings, surveys and specifications prepared, advertise for and receive bids for the doing of the work, and award a contract or contracts for the work, and may supervise the doing of the work. The advertising and awards shall be made in accordance with the provisions of chapter twenty-five of the Title Municipalities and Counties (s. 40:25-1 et seq.). Any expense incurred by the commissioners, including the cost of construction, repair or rebuilding, shall, upon certification by them, be paid by the county treasurers of each of the counties in the same proportion as similar expenses relating to the viaduct or bridge. The commissioners shall serve as such and render their services without compensation and shall be known as "joint bridge commissioners for counties." Amended by L.1953, c. 27, p. 496, s. 24. 27:19-8. Joint municipal bridges When it shall be deemed necessary by the governing body of any municipality, to have erected, widened, rebuilt or repaired any viaduct or bridge in the municipality, or between any two municipalities in the same county, the clerk of the municipality or municipalities, as the
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers case may be, shall give notice thereof in writing to the board of chosen freeholders of the county, and the board shall, at its next meeting after the receipt of the notice or notices, consider and decide upon the utility and necessity of erecting, widening, rebuilding or repairing such viaduct or bridge. If the board, by a majority vote, shall determine that such viaduct or bridge should be erected, widened, rebuilt or repaired, it shall order the work to be done or shall enter into contract therefor. 27:19-9. Closing unsafe bridges; repair; freeholders notified If any viaduct or bridge in any municipality, or between any two municipalities in the same county, or any viaduct or bridge over any ravine, marsh, river or stream dividing any counties in whole or in part, connecting two municipalities, shall at any time become or be rendered dangerous or unsafe for public travel, the governing body of either or both of the municipalities shall close such viaduct or bridge and its approaches until repaired or rendered safe for public travel. Any such governing body or bodies may repair such viaduct or bridge, or cause it to be repaired provided the cost thereof shall not exceed one hundred dollars, and after the repairs shall have been completed the cost thereof shall be paid by the county treasurer, after claim therefor shall have been filed with the clerk of the board of chosen freeholders. Upon the closing of any such viaduct or bridge the clerk or clerks of the municipality or municipalities closing it shall immediately notify the board or boards of chosen freeholders. 27:19-10. Bridges; actions for personal injuries or property damage If the board of chosen freeholders of a county, or boards of chosen freeholders of two or more counties, are chargeable by law with the construction, erection, rebuilding or repair of a viaduct or bridge, and shall wrongfully neglect to perform their duty in that behalf, by reason whereof a person shall receive injury or damage to his person or property, he may bring an action at law against the county or counties and recover judgment to the extent of the injury or damage sustained. If, however, it shall be necessary to close a viaduct or bridge and stop travel over it on account of necessary repairs, or because it is unsafe for public travel, there shall be no liability on the part of the county or counties for damages by reason of the closing of the viaduct or bridge. 27:19-11. Toll bridges and viaducts; acquisition; maintenance as free bridges When a toll bridge or toll viaduct has been constructed and now exists, forming a part of a free public road, or connecting free public roads, the board of chosen freeholders of the county in which the toll bridge or toll viaduct and road or roads are situate, may acquire by gift, purchase or condemnation such toll bridge or toll viaduct, with all the franchises, privileges and rights of the owner thereof. When the bridge or viaduct shall have been so acquired it shall be forever thereafter free for public travel, and shall be maintained, widened, repaired or rebuilt the same as other bridges and viaducts in the county. If the toll bridge or toll viaduct connects two or more counties, the boards of freeholders of
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers such counties may jointly acquire by gift, purchase or condemnation such bridge or viaduct, with all the franchises, privileges and rights of the owner thereof, and it shall be maintained, widened, repaired or rebuilt the same as other viaducts or bridges connecting two or more counties. 27:19-12. Acquisition of joint bridges; agreements; contents; cost apportioned When two or more counties contemplate the joint acquisition by gift, purchase or condemnation, or the building and construction of any viaduct or bridge over any ravine, marsh, river or stream forming in whole or in part the boundary between them, a proposed agreement shall be prepared setting forth the viaduct or bridge to be acquired, or the work to be undertaken, the plans and specifications therefor, the estimated cost thereof, and the estimated cost of maintenance and operation after acquisition or completion, the proportion of the original cost and the cost of maintenance and operation thereof to be borne by each county, and any other provision deemed necessary to be inserted therein. If for any reason no proposed agreement shall have been prepared, and no agreement shall have been entered into between them, all costs and charges for acquisition, construction, maintenance, repair, rebuilding and operation shall be borne equally by each county. 27:19-13. Regulations for bridges and viaducts; bridge tenders; police powers The board of chosen freeholders shall make rules and regulations for the protection and use of the viaducts and bridges in the county under its care and control, and may place any viaduct or bridge in the special care or charge of such person as it may appoint for that purpose. Where there are one or more viaducts or bridges connecting two or more counties, the board of chosen freeholders of those counties or any joint committee having charge thereof, shall make rules and regulations for the protection and use thereof, and may place them in the special care or charge of such person or persons as they may appoint for that purpose. The person so appointed shall have the same powers as policemen in cities of the first class in respect to such viaduct, bridge or roads or its approaches for the enforcement of all laws, rules and regulations. Amended by L.1953, c. 289, p. 1793, s. 1. 27:19-14. Advertisement for bids; designs, plans and specifications When it shall be necessary to advertise for bids to build and construct a viaduct or bridge, the board or boards of chosen freeholders shall, before advertising therefor, determine the kind, style and design (one or more) of the viaduct or bridge and its approaches, and have plans and specifications prepared therefor. All bids for the work shall be according to and in conformity with the plans and specifications. 27:19-15. Moneys for preliminary expenses; annual charges; how raised All moneys necessary for the acquisition, construction, building, rebuilding, widening or extraordinary repair of a viaduct or bridge wholly in one county or joining two or more counties, and for the making of preliminary examinations, surveys, drawings, soundings and the securing of preliminary estimates of cost of construction of any viaduct or bridge and its approaches, or the removal or reconstruction of any viaduct or bridge required by the war department or any other department of the federal government having jurisdiction thereof, may be provided by the
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers boards of chosen freeholders out of any funds of their respective counties not otherwise appropriated, or by the issue and sale of bonds. All moneys necessary for ordinary repairs, maintenance and operation of viaducts and bridges shall be raised annually by taxation. 27:19-16. Approaches included in "viaduct and bridge" As used in this article the term "viaduct and bridge" includes all approaches thereto, except when such approaches are a public road, street, avenue or highway. 27:19-17. Joint construction and operation of bridge in one county Any two or more counties may acquire, construct, maintain and operate a viaduct or bridge wholly within the territorial limits of one county in the same manner as is herein provided for the acquisition, construction, maintenance and operation of viaducts and bridges over any ravine, marsh, river or stream forming in whole or in part the boundary between counties. All provisions in this article contained referring to a joint viaduct or bridge between counties shall be applicable to any such viaduct or bridge wholly within the territorial limits of one county. 27:19-18. Bridges to conform to wharf lines; drawbridges No viaduct or bridge, or any piers, foundations or abutments thereof, shall be located, built or constructed in violation of pier or wharf lines fixed or established by any proper authority of this state or any federal authority. If a viaduct or bridge, when constructed, is liable to interfere with the navigation of a stream or river, it shall be provided with a suitable draw. 27:19-19. Tracks, pipes, conduits on bridges; agreement; appeal to utility commissioners No person shall lay any tracks, pipes, or conduits, on, over or under a public viaduct or bridge, or connect any wires, cables or other appliances to any such viaduct or bridge without obtaining the consent of the board or boards of chosen freeholders operating or maintaining the viaduct or bridge and complying with such reasonable terms and conditions as may be prescribed by such board or boards, except that a public utility corporation which is subject to the regulation of the board of public utility commissioners and whose rates are subject to be fixed by that board, having the right to use the highway on both sides of a public viaduct or bridge, may lay its tracks, pipes or conduits on, over or under the viaduct or bridge, and may connect any wires, cables or other appliances thereto, at its own expense, under such reasonable terms and regulations as the board or boards of chosen freeholders operating and maintaining such viaduct or bridge may prescribe, which terms and regulations may be contained in an agreement between the board or boards of chosen freeholders and the public utility corporation. The agreement may contain such provisions in regard to the use of the viaduct or bridge as may be agreed upon, but in no event shall the public utility corporation be required to pay for such use more than an amount sufficient to compensate the county for the extra burden imposed upon the county by reason of the use of the viaduct or bridge by the public utility corporation. If the board or boards of chosen freeholders and the public utility corporation cannot agree
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers upon the regulations or the amount to be paid hereunder, an appeal may be taken to the board of public utility commissioners which shall have power after hearing to fix the regulations governing such use, and the amount to be paid, if any, by the public utility corporation. 27:19-20. Bridge over certain tidal waters; legislative consent No bridge, viaduct or fixed structure shall be erected over or in any part of the navigable waters separating this state from any other state, where the tide ebbs and flows, without express permission of the legislature of this state to be hereafter given by a statute for that purpose, but nothing in this article shall forbid the erection of docks and wharves. 27:19-21. Liability during repairs When it shall be necessary to repair or rebuild a bridge, culvert or viaduct the public authorities or person so repairing or rebuilding it shall not be liable for damages occasioned by obstructing or stopping navigation or traffic, if the repairs or rebuilding be prosecuted with all possible dispatch, and notice of such intended repairs or rebuilding which will result in obstructing or stopping navigation be given at least three days prior to commencing the work, by publishing notice thereof in some newspaper circulating in the county or counties adjacent to the bridge or viaduct. 27:19-22. Changing course of stream; acquisition of property When a board of chosen freeholders is about to construct a bridge over a stream which passes the location of the proposed bridge diagonally, and shall determine by resolution that it is advisable to change the course of the stream in so far as it may be necessary to cause it to pass under the location of the proposed bridge at right angles thereto, it may do so and may acquire by gift, purchase or condemnation any property or right of ways over which the stream shall pass by reason of the diversion of its course. 27:19-23. Joint county bridges; preliminary survey; cost of survey apportioned Where navigable waters mark the dividing line between two or more counties and the respective boards of chosen freeholders thereof have or shall have resolved that a bridge across such waters at any point or between any points, is a public necessity, such boards respectively may authorize the making of preliminary examinations, surveys, drawings, soundings and the securing of preliminary estimates of the cost of construction of a bridge and its approaches. Each board may appropriate an amount not exceeding five thousand dollars, which, together with the amount hereinafter appropriated to be paid by the state through the state highway commissioner, shall be used to pay the cost of the preliminary examinations, surveys, drawings, soundings and securing of preliminary estimates of the cost and expense of erecting and maintaining any such bridge and approaches. 27:19-24. Bond issue; maturity In order to provide the money for the purposes of section 27:19-23 of this title the respective boards of chosen freeholders may issue bonds payable in not more than five years from the date of issue.
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers 27:19-25. Contribution by state The state highway commissioner may expend an amount not exceeding five thousand dollars toward the payment of the cost of the preliminary survey contemplated by section 27:19-23 of this title, but no payment shall be made until the counties shall have made their appropriations as provided in sections 27:19-23 and 27:19-24 of this title. 27:19-26. County bridge commission; general powers; "bridge" defined Every county through its board of chosen freeholders may, if it determines so to do, create a bridge commission. Each bridge commission so created shall have power from time to time and be authorized to: a. Prepare the necessary and proper plans and specifications for the construction, acquisition, improvement or replacement of such bridge or bridges as may be approved by said board of chosen freeholders; b. Select the location for same, determine the size, type and method of construction thereof; c. Plan and fix their boundaries and approaches; d. Make any necessary estimates of the probable costs of construction, acquisition or improvement thereof including the said approaches and the acquisition of the land and rights for the sites of the abutments and approaches to the bridge or bridges; e. Enter into the necessary contracts to construct, acquire, improve, equip or demolish such bridge or bridges and approaches thereto, or any part thereof; f. Build or acquire the superstructures and substructures and all parts thereof; g. Obtain and exercise such consents or approvals as may be necessary from officials or agencies of the government of the United States or the State of New Jersey; h. Borrow money and incur indebtedness, and issue its negotiable bonds or notes for any of the purposes provided for in this article and for the purpose of funding or refunding its bonds, notes or other indebtedness, and provide for the rights and security of the holders of such bonds, notes or other indebtedness; i. Maintain, improve, reconstruct, manage, control and operate such bridge or bridges and approaches, and with the consent of said board of chosen freeholders, by resolution, but subject to and in compliance with every contract or agreement of the commission, demolish or dispose of any such bridges other than a bridge or bridges extending within the limits of any other State; and j. Acquire, hold and dispose of any and all property, real or personal, make, and carry out and perform any and all contracts and agreements, execute any and all instruments, and do and perform any and all acts and things, necessary or convenient in the exercise of the powers expressly given in this article or in the performance of the duties required in or undertaken
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers pursuant to this article. As used in this article, the term "bridge" shall mean and include a bridge, trestle, viaduct, tunnel, cut or any other structure or device for the passage of persons or vehicles over, under or around an obstacle, and the term "approach" shall mean and include an approach to a bridge of a commission or any road or highway connecting therewith or contributing vehicular traffic thereto or connecting 2 or more such bridges. Amended by L.1946, c. 318, p. 1031, s. 1; L.1963, c. 101, s. 1. 27:19-26.1 Definitions relative to county bridge commission projects, certain.
1. As used in this article:
"Facility charges" mean tolls, rents, rates, fares, fees or other charges in connection with, or for the use or services of, or otherwise relating to, any project owned, leased or controlled by the commission.
"Governmental unit" means the United States of America or the State of New Jersey or any county or municipality or any subdivision, department, agency or instrumentality heretofore or hereafter created, designated or established by or for the United States of America or the State of New Jersey or any county or municipality.
"Person" means any person, partnership, association, corporation, or entity other than a governmental unit.
"Project" means any project authorized by section 2 of P.L.2001, c.301 (C.27:19-26.2). L.2001,c.301,s.1.
27:19-26.2 Additional powers of county bridge commission. 2. In addition to the powers set forth in R.S.27:19-26 et seq., a bridge commission
established prior to the effective date of P.L.2001, c.301 (C.27:19-26.1 et al.) by a county of the second class shall have the power from time to time and be authorized to:
a. Plan, finance, develop, acquire, construct, purchase, lease, maintain, market, improve and operate any project within the county, including but not limited to, any terminal, terminal facility, transportation facility or any other facility of commerce or economic development activity;
b. Extend credit or make loans to any governmental unit or person for the planning, design, acquisition, construction, improvement, equipping, and furnishing of any project; and
c. Mortgage, pledge, assign or otherwise encumber all or any portion of its revenues and other income, real and personal property, projects and facilities and fix and collect facility charges for the use of any project for the purpose of securing its bonds, notes, and other obligations or otherwise in furtherance of the purposes of this article.
L.2001,c.301,s.2.
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers 27:19-26.3 Empowerment to enter into lease, agreement.
10. Any governmental unit or person is hereby empowered to enter into and perform any lease or other agreement with the commission for the lease to or use by such governmental unit or person of all or any part of any project. Any such lease or other agreement may provide for the payment to the commission by such governmental unit or persons annually or otherwise of such sum or sums of money, computed at fixed amounts or by any formula or in any other manner, as may be fixed in or pursuant thereto. Any such lease or other agreement may be made and entered into for a term beginning currently or at some future or contingent date and with or without consideration and for a specified or unlimited time and on any terms and conditions which may be approved by such governmental unit or person and which may be agreed to by the commission in conformity with its contracts with the holders of any bonds, and shall be valid and binding on such governmental unit or person whether or not an appropriation is made thereby prior to authorization or execution of such lease or other agreement. Every such governmental unit or person is hereby authorized and directed to do and perform any and all acts and things necessary, convenient or desirable to carry out and perform any such lease or other agreement entered into by it and to provide for the payment of discharge of any obligation thereunder in the same manner as other obligations of such governmental unit or person.
L.2001,c.301,s.10. 27:19-26.4 Powers of county, municipality.
11. For the purpose of aiding a commission and co-operating in the planning, undertaking, acquisition, construction or operation of any project, the county or any municipality in any such county may:
a. acquire real property in its name for such project or for the widening of existing roads, streets, parkways, avenues or highways or for new roads, streets, parkways, avenues or highways to any such project, or partly for such purposes and partly for other county or municipal purposes, by purchase or condemnation in the manner provided by law for the acquisition of real property by such county or municipality;
b. furnish, dedicate, close, vacate, pave, install, grade, regrade, plan or replan parks, streets, roads, roadways, alleys, sidewalks or other places which it is otherwise empowered to undertake;
c. in consultation with the Department of Transportation, review and coordinate the development of improvement projects involving the department or New Jersey Transit Corporation transportation facilities that the commission may undertake; and
d. do any and all things necessary or convenient to aid and co-operate in the planning, undertaking, construction or operation of any such project, and cause services to be furnished to the commission of any character which such county or municipality is otherwise empowered to furnish, and to incur the entire expense thereof.
L.2001,c.301,s.11.
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers 27:19-26.5 Empowerment to convey land to commission.
12. Any county by resolution of its governing body, municipality by ordinance of its governing body, governmental unit or person is hereby empowered, without any referendum or public or competitive bidding, to sell, lease, lend, grant or convey to a commission, or to permit a commission to use, maintain or operate as part of any project, any real or personal property which may be necessary or useful and convenient for the purposes of the commission and accepted by the commission. Any such sale, lease, loan, grant, conveyance or permit may be made or given with or without consideration and for a specified or an unlimited period of time and under any agreement and on any terms, and conditions which may be approved by such county, municipality, governmental unit or person and which may be agreed to by the commission in conformity with its contracts with the holders of any bonds. Subject to any such contracts with the holders of bonds, the commission may enter into and perform any and all agreements with respect to property so purchased, leased, borrowed, received or accepted by it, including agreements for the assumption of principal or interest or both of indebtedness of such county, municipality, governmental unit or person or of any mortgage or lien existing with respect to such property for the operation and maintenance of such property as part of any project.
L.2001,c.301,s.12.
27:19-27. Entry upon and condemnation of lands The commission, its agents, officers, engineers or others in its employ, may enter at all times upon all lands or waters for the purpose of exploring, surveying, leveling and laying out the route or routes of any such bridge, with the proper approaches, and locating the same, and locate all necessary buildings, appurtenances and conveniences, doing no unnecessary injury to private or other property. When the commission shall have determined upon the construction or acquisition of any particular bridge or approach, the commission may proceed to condemn and take the land or waters, or rights therein, and structures, necessary therefor in accordance with chapter one of the Title Eminent Domain (section 20:1-1 et seq.), and, to that end, may invoke and exercise in the manner or mode of procedure prescribed in said chapter, either in its own name or in the name of any county which created such commission or consented to the acquisition or construction of such bridge or approach, all of the powers of such county to acquire property for public uses, and may also proceed to acquire, purchase, take and hold such voluntary grants of real estate, riparian rights, and other property, above or under water, as may be necessary for the construction, operation, maintenance and accommodation of its bridge or bridges and approaches thereto. Amended by L.1946, c. 318, p. 1032, s. 2. 27:19-28. Power to acquire or construct approaches and bridges The commission may acquire or construct approaches to any such bridge, and may acquire or construct any such bridge or bridges over any channel or channels, thoroughfare or thoroughfares, small streams, creeks or rivers, or bodies of water, within the limits of the county or counties for which such commission is created and also within the limits of any other contiguous county which may, by resolution of its board of chosen freeholders, consent thereto. When any such commission shall have adopted a resolution authorizing
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers the construction or acquisition of a bridge over, under or around any obstacle other than a bridge extending within the limits of any other State, neither the State or any agency or subdivision thereof nor any other person, partnership or corporation shall thereafter construct or acquire any bridge over, under or around such obstacle unless, (1) such bridge and every part thereof is not less than ten miles distant from every part of the bridge so authorized by such commission, or (2) such commission shall, by resolution adopted subject to and in compliance with every contract or agreement of the commission, undertake or permit and consent to the construction or acquisition of such bridge. Amended by L.1946, c. 318, p. 1033, s. 3; L.1948, c. 288, p. 1198, s. 2; L.1963, c. 101, s. 2. 27:19-29 Tolls, facility charges.
a. The commission may at all times take, demand, and receive of and from any person who shall pass over or use its bridge or bridges and approaches, when such person shall enter upon or attempt to use the same, such rate of toll as may be fixed by it from time to time, for persons, automobiles, wagons, carts or other vehicles or for horses, cows or other animals, or for things not herein enumerated, entering on, passing over or using any such bridge and the approaches thereto.
Any toll gatherer of the commission may stop any person with automobiles, wagons, carts, or other vehicles or things not herein enumerated, and all horses, cows, cattle or other animal or animals, from entering upon, passing over or using any such bridge and the approaches thereto until the toll herein provided for shall have been paid.
b. The commission is authorized to charge and collect tolls, rents, rates, fares, fees or other charges (sometimes in this article referred to as "facility charges") in connection with, or for the use or services of, or otherwise relating to, any project owned, leased or controlled by the commission. Such facility charges may be charged to and collected from any governmental unit or person and such governmental unit or person shall be liable for and shall pay such facility charges to the commission at the time when and place where such facility charges are due and payable.
Amended 2001, c.301, s.3. 27:19-30. Total cost; what to include For all purposes of financing, the total cost of any improvement authorized by this article may include every item of expense in connection with the project, and among other items shall also include the cost of constructing or purchasing the superstructure, roadway and substructure of any bridge, the approaches and avenues or rights of way of access thereto and necessary real estate in connection therewith, toll houses and equipment thereof and of the bridge, franchises, easements, rights or damages incident to or consequent upon the complete project, expenses preliminary to construction, including investigation and expenses incident thereto, and prior to purchase or prior to and during construction the proper traffic estimates, interest upon bonds and all such other expenses as after the beginning of operation would be chargeable as cost of operation, maintenance and repairs.
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers 27:19-31 Financing of purposes, powers of bridge commission.
27:19-31. (A) To finance any of the purposes or powers provided for in this article, the bridge commission shall from time to time first determine which bridge or bridges, project or projects are to be constructed, acquired, improved or replaced and, for any project which the county unconditionally guarantees the punctual payment of the principal of and interest on any bonds of the commission, seek approval or consent of the board or boards of chosen freeholders for such projects, and upon receiving such approval or consent, or whenever deemed by it necessary or desirable for the purpose of funding or refunding its bonds, notes or other indebtedness or providing funds or reserves for payment or security of any indebtedness including interest or redemption premiums thereon due or to accrue, such commission shall be authorized to issue its bonds, notes or other evidences of indebtedness. The commission may issue such types of bonds, notes or other evidences of indebtedness as it may determine including, without limitation, bonds, notes, or other evidence of indebtedness on which the principal and interest are payable: (1) exclusively from the income and revenues or facility charges of the project financed with the proceeds of such obligations; (2) exclusively from the income and revenues or facility charges of certain designated projects whether or not they are financed in whole or in part with the proceeds of such obligations; or (3) from its revenues generally. In addition, such bonds, notes and other evidence of indebtedness may be secured by a pledge of any grant or contribution from any governmental unit or person or a pledge of any income or revenues of the commission from any source whatsoever, or by a lien, mortgage or pledge upon any one or more of its bridges, approaches or all or any part of the real or personal property of the commission, including property which is acquired, improved, constructed, financed or refinanced by the proceeds of such bonds, or upon the tolls to be received in the operation of any one or more of such bridges, approaches or other properties or any other income or receipts of the commission, or upon any combination of any of the foregoing. No county other than a county which in accordance with paragraph (B) of this section shall have guaranteed payment of the principal of and interest on any such bonds shall incur any indebtedness of any kind or nature or pledge credit, taxes or taxing power, or any part thereof, in support of such principal and interest.
(B) For the purpose of aiding a commission in the accomplishment of any of the purposes or powers provided for in this article and in marketing any of its bonds, refunding or other, the county which created it may, pursuant to resolution duly adopted by its board of chosen freeholders in the manner provided for adoption of a bond ordinance as provided in the Local Bond Law (N.J.S., Title 40A, chapter 2) and with or without consideration and upon such terms and conditions as may be agreed to by and between the county and the commission, unconditionally guarantee the punctual payment of the principal of and interest on any bonds of the commission. Any guaranty of bonds of a commission made pursuant to this section shall be evidenced by endorsement thereof on such bonds, executed in the name of the county and on its behalf by such officer thereof as may be designated in the resolution authorizing such guaranty, and such county shall thereupon and thereafter be obligated to pay the principal of and interest on said bonds in the same manner and to the same extent as in the case of bonds issued by it. Any such guaranty of bonds of a commission may be made, and any resolution authorizing such guaranty may be adopted, notwithstanding any statutory debt or other limitations, including particularly any limitation or requirement under or pursuant to said Local Bond Law, but the principal amount of bonds so guaranteed, shall, after their issuance, be included in the gross debt
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers of such county for the purpose of determining the indebtedness of such county under or pursuant to said Local Bond Law. The principal amount of said bonds so guaranteed and included in gross debt shall be deducted and is hereby declared to be and to constitute a deduction from such gross debt under and for all the purposes of said Local Bond Law (a) from and after the time of issuance of said bonds until the end of the third fiscal year beginning next after such time of issuance and (b) in any annual debt statement filed pursuant to said Local Bond Law as of the end of said fiscal year or any subsequent fiscal year if the revenues or other receipts or moneys of the commission in such year are sufficient to pay its expenses of operation and maintenance in such year and all amounts payable in such year on account of the principal and interest on all such guaranteed bonds and any other bonds of the commission issued under this article.
Amended 1946, c.318, s.4; 1963, c.101, s.3; 2001, c.301, s.4. 27:19-32 Bonds of bridge commission.
27:19-32. The bonds, notes or other evidences of indebtedness (hereinafter in this section called "bonds") issued by such bridge commissions shall bear interest at such rate or rates per annum which may be fixed or may change, at such time or times and according to such formula or method of determination, payable at such times, and may be sold at either private or public sale, to any person or governmental unit, as the commissions shall determine. Such commissions shall provide the form of such bonds and shall fix the denominations, place or places of payment of principal and interest, the terms and conditions and do all other things that may be necessary for the proper execution and delivery of said bonds.
The proceeds from the sale of any such bonds of a commission shall be deposited and used as provided in any contract or agreement of the commission relative thereto or in the resolution authorizing such bonds, or if not so provided, then as the commission shall direct and solely for the purposes for which such bonds were issued, to be drawn over the signatures of the chairman or vice-chairman, the secretary and the treasurer of the commission, with the surplus, if any, to be paid into the fund hereinafter provided for the payment of the principal and interest of such bonds.
The rates of tolls to be charged for the use of any bridge or bridges operated by a bridge commission under the provisions of this article shall be so fixed and adjusted as to comply with any contract or agreement of the commission relative thereto and, in any event, to provide a fund sufficient to pay the interest on and principal of all bonds issued under this article by the commission, refunding or other and whether or not issued to finance such bridge or bridges, provide funds to pay the cost of maintaining, repairing and operating the bridge or bridges operated by the commission, and maintain such reserves for the foregoing or other expenses as the commission may deem necessary. This article authorizes any commission, subject to the terms of any contract or agreement of the commission, to charge tolls for the use of any one or more of the bridges operated by it or of less than all of such bridges, to charge any such tolls in order to make or secure the payment of any bonds issued by it whether or not the bridge or bridges financed by the issuance of such bonds are subject to tolls imposed by the commission or are still operated by the commission, and to charge any such tolls in order to accumulate reserves for application in future to payment of principal of or interest on bonds issued by it or of costs of undertaking or accomplishing any of the purposes or powers provided in this article.
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers
The facility charges fixed, charged and collected by the commission with respect to any project shall comply with the terms of any lease or other agreement of the commission with regard to such project, and the facility charges fixed, charged and collected by the commission may be so adjusted that the revenues of the commission will at all times be adequate to pay all expenses of the commission, including the expense of operation and maintenance of any project or other property owned or controlled by the commission, including insurance, improvements, replacements, reconstruction and any other required payments, and to pay the principal of and interest on any bonds, and to maintain such reserves or sinking funds for any of the foregoing purposes as may be required by the terms of any lease or other agreement of the commission or as may be deemed necessary or convenient and desirable by the commission.
All bonds of a bridge commission shall be authorized by resolution of the commission. Any such resolution may contain provisions, and the commission, in order to secure the payment of such bonds and in addition to its other powers, shall have power to agree by provision in such resolution with the several holders of such bonds, and to make, enter into and perform covenants and agreements, as to
a. the custody, security, use, expenditure or application of the proceeds of any bonds;
b. the construction and completion, or improvement or replacement, of all or any part of any bridge or bridges or approaches thereto or any project authorized by this article;
c. the use, regulation, operation, maintenance, insurance or disposition of all or any part of any bridge or bridges or approaches thereto or any project authorized by this article, or restrictions on the exercise of the powers of the commission to dispose, or to limit or regulate the use, of all or any part of the same;
d. payment of the principal of or interest on any bonds, and the sources and methods thereof, the rank or priority of any bonds as to any lien or security, or the acceleration of the maturity of any bonds;
e. the use and disposition of any moneys of the commission, including revenues (hereinafter in this section sometimes called "bridge revenues") derived or to be derived from the operation of all or any part of any bridge or bridges or approaches thereto or revenues (hereinafter in this section sometimes called "facility revenues") derived or to be derived from the operation of any project authorized by this article, including any parts thereof theretofore constructed or acquired and any parts, extensions, replacements or improvements thereof thereafter constructed or acquired;
f. pledging, setting aside, depositing or trusteeing all or any part of any bridge revenues, facility revenues or other moneys of the commission and mortgaging, pledging, or otherwise encumbering all or any part of the commission's real or personal property, then owned or acquired, to secure the payment of the principal of or interest on any bonds, or the payment of expenses of operation or maintenance of any bridge or bridges or approaches thereto or any project authorized by this article;
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers
g. the setting aside out of any bridge revenues, facility revenues or other moneys of the commission of reserves and sinking funds, and the source, custody, security, regulation, application and disposition thereof;
h. determination or definition of the bridge revenues, facility revenues, or of the expenses of operation and maintenance of any bridge or bridges or approaches thereto or any project authorized by this article;
i. the rates, tolls, rents, fares, fees, facility charges or other charges in connection with, for the use or services of, or for passage over or through or the use of, or otherwise relating thereto, any bridge or bridges or approaches thereto or any project authorized by this article, including any parts thereof theretofore constructed or acquired and any parts, extensions, replacements or improvements thereof thereafter constructed or acquired, and the fixing, establishment, collection and enforcement of the same, the amount or amounts of bridge revenues or facility revenues to be produced thereby, and the disposition and application of the amounts charged or collected;
j. the assumption or payment or discharge of any indebtedness, liens or other claims relating to any part of any bridge or bridges or approaches thereto or any project authorized by this article or any obligations constituting or which may constitute a lien on any part of the bridge revenues or facility revenues;
k. limitations on the issuance of additional bonds, notes or other evidences of indebtedness or on the incurrence of indebtedness of the commission;
l. limitations on the powers of the commission to construct, acquire or operate, or permit the construction, acquisition or operation of, any structures, facilities or properties which may compete or tend to compete with any bridge or bridges or approaches thereto or any project authorized by this article;
m. payment of costs or expenses incident to the enforcement of any bonds or of the provisions of such resolution or of any covenant or agreement with the holders of any bonds;
n. the procedure, if any, by which the terms of any covenant or agreement with, or duty to, the holders of bonds may be amended or abrogated, the amount of bonds the holders of which must consent thereto, and the manner in which such consent may be given or evidenced; or
o. any other matter or course of conduct which, by recital in such resolution, is declared to further secure the payment of the principal of or interest on the bonds.
All such provisions of said resolution and all such covenants and agreements shall constitute valid and legally binding contracts between the commission and the several holders of the bonds, regardless of the time of issuance of such bonds, and shall be enforceable by any such holder or holders by appropriate action or proceeding, including a proceeding in lieu of prerogative writ, in any court of competent jurisdiction.
Amended 1946, c.318, s.5; 1953, c.27, s.25; 1963, c.101, s.4; 2001, c.301, s.5.
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers 27:19-32.1 Covenant of State with bondholders.
11. The State of New Jersey does hereby covenant and agree with the holders of any bonds, notes or other evidences of indebtedness issued by any bridge commission that it will not in any manner limit or alter the power and obligation vested by this article in the commission to fix, establish and collect such tolls or facility charges and revise the same from time to time whenever necessary, as will be sufficient to always comply fully with and fulfill the terms of all agreements and covenants made with the holders of such bonds, notes or other evidences of indebtedness, and will not in any manner impair, alter or abrogate any other power or obligation vested by this article in the commission or the rights and remedies of holders of such bonds, notes or other evidences of indebtedness until all such bonds, notes or other evidences of indebtedness, together with interest thereon and all costs and expenses in connection with any actions or proceedings by or on behalf of the holders thereof, are fully paid and discharged or adequate provision made for the payment or discharge thereof.
L.1946,c.318,s.11; amended 2001, c.301, s.6. 27:19-32.2. Legal investments, evidences of indebtedness of commission as The bonds, notes or other evidences of indebtedness of such commissions are hereby made securities in which, notwithstanding any restriction contained in any other law, the State and all public officers, municipalities, counties, political subdivisions and public bodies, and agencies thereof, all banks, bankers, trust companies, savings banks and institutions, building and loan associations, savings and loan associations, investment companies, and other persons carrying on a banking business, all insurance companies, insurance associations and other persons carrying on an insurance business, and all executors, administrators, guardians, trustees and other fiduciaries, may legally invest any sinking funds, moneys or other funds belonging to them or within their control, and any such bonds, notes or other evidences of indebtedness shall be authorized security for any and all public deposits. L.1948, c. 288, p. 1198, s. 2. 27:19-33. Creation of commission; corporate powers; members; terms and vacancies; property exempt from taxation and execution; bonds tax exempt When it has been determined by the governing body of any such county, by resolution in the exercise of its discretion that in the exercise of the powers conferred by this article it is expedient to create a bridge commission, the board of chosen freeholders of such county shall pass a resolution creating such commission and appointing three persons who shall constitute a bridge commission, which shall be a public body corporate and politic of the State, under the name of (insert name of county) bridge commission, and shall have perpetual succession and power to contract, to sue and be sued and to adopt a seal and alter same at pleasure, but shall not have power to pledge the credit or taxing power of the county. No officer or employee of the county, whether holding a paid or unpaid office, shall be eligible for membership on the commission. Such appointees shall be originally appointed for terms of one year, two years, three years, respectively. Upon the expiration of such terms appointments shall be made in like manner except that the terms of the three appointees shall be for three years. Not more than two of such appointees shall be members of the same political party. Vacancies shall be filled
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers for any unexpired term in the same manner as the original appointment. Each bridge and all approaches and other property of any commission are hereby declared to be public property of a public body corporate and politic and political subdivision of the State and devoted to an essential public and governmental purpose and shall be exempt from all taxes and special assessments by the State or any subdivision thereof and exempt from any lien, levy, sale or other charge by virtue of any judgment, execution or other process except in favor of the holder or holders of any bonds, notes or other evidences of indebtedness outstanding pursuant to a resolution adopted by the commission under authority of section 27:19-32 of this article. All such bonds, notes or other evidences of indebtedness of such commission are hereby declared to be issued by a public body corporate and politic and political subdivision of the State, and for an essential public and governmental purpose and to be public instrumentalities and, together with the interest thereon and any income therefrom, shall be exempt from taxes. Amended by L.1941, c. 71, p. 158, s. 1; L.1946, c. 318, p. 1038, s. 6. 27:19-34. Organization of commission; officers and employees; compensation The commission shall elect a chairman and vice-chairman from its members, and a secretary and treasurer who need not be a member. The members of the commission shall receive such annual compensation from the commission as may be determined by the commission not exceeding, however, such maximum amounts as may be fixed from time to time by the governing body of the county, and such members shall give such bond as may be required from time to time by the governing body of the county. The commission shall fix the compensation of the secretary and treasurer in its discretion. The commission shall have power to establish by-laws, rules and regulations for its own government and to make and enter into all contracts or agreements necessary or incidental to the performance of its duties and the execution of its powers. The commission may employ engineering, architectural, and construction experts and inspectors and attorneys, and such other employees as may be necessary in its opinion, and fix their compensation, all of whom shall do such work as the commission shall direct. All salaries and compensation shall be obligations against and be paid solely from funds provided under the authority of this article. The office, records, books and accounts of the bridge commission shall always be maintained in the county which the commission represents. Amended by L.1946, c. 318, p. 1039, s. 7. 27:19-34.1. Contracts for hospitalization, medical, surgical, etc., benefits; validation and confirmation of payments Notwithstanding the provisions of any other law, any county bridge commission created under the article to which this act is a supplement and owning or controlling any bridge or bridges extending within the limits of another state may enter into contracts of insurance with carriers licensed to operate in this State providing hospital, surgical, obstetrical, medical and major medical expense benefits covering employees of the commission and their dependents, including retired employees of the commission and their dependents.
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers
27:19-35 Awarding of contracts, agreements. (Old from website.)
27:19-35. Every contract or agreement for the construction, reconstruction, repair, enlargement, extension, renewal, replacement or equipment of bridges or projects, shall be made and awarded pursuant to the provisions of the "Local Public Contracts Law," P.L.1971, c.198 (C.40A:11-1 et seq.).
Amended 1946, c.318, s.8; 1953, c.162;v1963, c.101, s.5.
Payments heretofore made by such a county bridge commission under contracts providing any of the benefits in this act authorized are validated and confirmed. L.1970, c. 24, s. 1, eff. April 3, 1970.
27:19-35. Bridge construction contracts a. The commission shall award no contract or agreement for the construction, reconstruction, repair, enlargement, extension, renewal, replacement or equipment of such bridges, exceeding in amount the sum of $7,500.00 or the amount determined pursuant to subsection b. of this section, without advertisement for bids, which shall be opened publicly, and an award made to the lowest responsible bidder, with power in the commission to reject any or all bids. Contracts for the purchase of bridges may be made and executed without advertisement. b. The Governor, in consultation with the Department of the Treasury, shall, no later than March 1 of each odd-numbered year, adjust the threshold amount set forth in subsection a. of this section, or subsequent to 1985 the threshold amount resulting from any adjustment under this subsection or section 17 of P.L. 1985, c. 469, in direct proportion to the rise or fall of the Consumer Price Index for all urban consumers in the New York City and the Philadelphia areas as reported by the United States Department of Labor. The Governor shall, no later than June 1 of each odd-numbered year, notify each commission of the adjustment. The adjustment shall become effective on July 1 of each odd-numbered year. Amended by L. 1985, c. 469, s. 5, eff. Jan. 16, 1986. 27:19-36. Operation of bridges; tolls; agreements with counties for maintenance of bridges; powers of counties The commission shall operate, manage and control the bridges under its charge in their entirety, fix the rate of tolls, establish rules and regulations for the use of such bridges, provide for the lighting and policing thereof, select such employees as are deemed necessary and fix their compensation, make necessary repairs and provide maintenance, and insure the bridges and all property connected therewith against every manner of loss or injury. By or pursuant to resolution of its board of chosen freeholders, (a) any county may covenant and agree with any bridge commission as to the laying out or continuance of use and maintenance of any road or highway connecting with or contributing vehicular traffic to any bridge or approach of the commission or connecting 2 or more such bridges, and any county
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers which created such commission or consented to the acquisition or construction of any such bridge or approach may covenant and agree with such commission for the maintenance and operation by such county of any such road or highway or any such approach or any part thereof, or for the payment by such county of all or any part of the expense of such maintenance and operation, and (b) any county which created a commission (i) may appropriate moneys for the purposes of the commission and loan or donate, or agree to loan or donate, such moneys to the commission in such installments and upon such terms as may be agreed upon with the commission, (ii) may, without any referendum or public or competitive bidding, sell, lease, lend, grant or convey to the commission any county bridge or bridge constituting part of a county road, with the approaches thereto and lands or rights in land necessary for the operation or replacement thereof which may be necessary or useful and convenient for the purposes of the commission and accepted by the commission, and (iii) may accept, or agree to accept, from the commission, as a county bridge or bridge constituting part of a county road, any bridge constructed or acquired by the commission, with the approaches thereto and lands and rights in land necessary for the maintenance thereof, which may be offered to the county by the commission, and such commission, subject to and in compliance with every contract or agreement of the commission, may convey such property to the county for maintenance by such county as a county bridge or bridge constituting part of a county road. Any such sale, lease, loan, grant, conveyance or acceptance may be made or given with or without consideration and for a specified or an unlimited period of time and under any agreement and on any terms and conditions which may be approved by such county and which may be agreed to by the commission in conformity with its contracts with the holders of any of its bonds. Any such covenant or agreement by a county shall be and constitute a valid and legally binding obligation of the county and shall be deemed to be made with or for the benefit of, and shall be enforceable by, the holder or holders of any bonds, notes or other evidences of indebtedness of the commission, as well as by the commission. Amended by L.1946, c. 318, p. 1040, s. 8; L.1953, c. 162, p. 1411, s. 1; L.1963, c. 101, s. 5.
27:19-36.1 Payments to municipality in lieu of taxes. 1. Notwithstanding any of the provisions of the article to which this act is a supplement,
any county bridge commission created pursuant to said article may contract with any municipality within which any part of property acquired by such commission for bridge or project purposes is located, for the payment by such commission to such municipality, and may make payments to such municipality, of a fixed annual sum or sums of money in lieu of, or in reimbursement for, the loss of taxes upon such property; provided, however, that such annual sum or sums shall not be in excess of the amount of the municipal taxes upon such property for the year when last assessed prior to the time of its acquisition by the commission.
Any municipality wherein any such bridge property is located is authorized and empowered to enter into such contract with any such commission to accept the payment or payments which the commission is herein authorized and empowered to make.
L.1952,c.338,s.1; amended 2001, c.301, s.8.
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers 27:19-36.2. Lease or conveyance of real property to county bridge commission Any public department, agency or commission of the State of New Jersey, notwithstanding any other law, is hereby authorized and empowered to lease, lend, grant or convey to a county bridge commission at its request, with the approval of the State House Commission and upon such terms and conditions as the State House Commission may deem reasonable and fair, and without the necessity for any advertisement, order of court or other action or formality, other than the regular and formal action of the authorities concerned, any real property which may be necessary or convenient to the effectuation of the authorized purposes of such county bridge commission, including public roads and other real property already devoted to public use; to the extent, however, that such real property may, in the judgment of the authorities concerned, and subject to the approval of the State House Commission, be required by the county bridge commission for the erection of toll booths. L.1953, c. 399, p. 2037, s. 1. 27:19-36.3. Appointment of bridge police; authority; procedure on arrest Notwithstanding any of the provisions of the article of which this act is a supplement, any county bridge commission created pursuant to said article may appoint policemen and all policemen so appointed are hereby authorized and empowered to make arrests on view and without warrant on Sunday or any other day for crimes, misdemeanors and offenses of any character, or for disorder or breach of the peace or violations of any rules and regulations adopted by such county bridge commissions, committed within the jurisdiction of this State on any bridge owned by or under the control of such county bridge commission, or at the approaches thereof, or on any other property owned by or under the control of such commission. In addition, such policemen shall have all the powers conferred by law on police officers or constables in the enforcement of laws in this State and the apprehension of violators. Any person so arrested shall be conducted by the officer to a municipal magistrate of the political subdivision in which the arrest is made or, if there is no such available magistrate, to the nearest available magistrate in any other political subdivision. Any policeman may, instead of arresting an offender as herein provided, serve upon him a summons. L.1960, c. 168, p. 709, s. 1. 27:19-36.4. Rules and regulations by county bridge commission Any county bridge commission may adopt such rules and regulations as it may deem expedient for the proper government of the bridge or bridges and for the preservation of good order, safe traffic and proper conduct thereon and on the approaches thereto. L.1960, c. 168, p. 710, s. 2. 27:19-36.5. Penalties for violations For any violation of this chapter or of any rule or regulation of any county bridge commission, the offender shall be subject to a penalty of not less than $10.00 nor more than
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers $25.00, together with costs, and on default of payment of the penalty, to imprisonment of not less than 10 days nor more than 30 days in the county jail. Upon conviction of any subsequent offense, the offender shall be subject to a penalty of not less than $25.00 nor more than $50.00, together with costs, or to imprisonment of not less than 30 days nor more than 60 days, or both. L.1960, c. 168, p. 710, s. 3. 27:19-37 Records, semiannual statements, examination.
The commission shall keep accurate records of all acts, the property intrusted to it, the cost of the bridge or bridges, project or projects, and incidents thereto, the expenditures for maintaining, repairing and operating the same, and the daily tolls or facility charges collected, which records shall be public records and the property of the county. A semiannual statement of the daily tolls shall be published on each bond interest date in the official newspaper of the county. The governing body of the county shall have power to examine the accounts at any time, to call for any reports at any time in its discretion, and to require the commission and its employees to appear before it to report or testify at any time.
Amended 2001, c.301, s.9. 27:19-37.1. Surplus capital funds; determination; disposition Whenever any county bridge commission, created pursuant to article 2 of chapter 19 of Title 27 of the Revised Statutes or any supplement thereto has or shall have paid the principal and interest on all its outstanding indebtedness and has or shall have on hand capital funds, derived from sources other than toll revenues in excess of the amount determined by such commission to be required for maintenance, repair, operation, reconstruction, replacement and modernization and improvement of the bridge or bridges under its control, and the approaches thereto, together with all other necessary expenditures of said commission, the commission may, by resolution, determine that such capital funds are surplus and provide for the payment of all or any part thereof to the county treasurer of the county for the use of the county. L.1963, c. 3, s. 1. 27:19-37.2. Use of surplus capital funds Said surplus funds may be used by the county only for capital purposes in the acquisition, construction, improvement or enlargement of county facilities, buildings and roads, or any one or more of them, pursuant to resolution adopted by the board of chosen freeholders of the county. L.1963, c. 3, s. 2. 27:19-38. Joint county bridge commission If any county shall determine to co-operate with any other county in the joint construction of a bridge or bridges, a joint commission may be created. The joint commission shall be created and the members selected by each county in the same manner as is provided in the creation of a county commission. Each county shall have three members on the joint commission. The joint commission shall constitute a public body corporate, shall select and adopt its own name and
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers shall be vested with such powers and subject to such conditions as are conferred and imposed in this article upon a county bridge commission. Any county may, by resolution of its board of chosen freeholders, give its consent to the acquisition or construction within its limits by a bridge commission created by any other county or counties of any bridge or bridges or approaches. Amended by L.1946, c. 318, p. 1040, s. 9. 27:19-39. Dissolution of commission; assumption of duties Any commission provided for in this article may be dissolved by the governing body of the county or counties creating it at any time after the construction, purchase and equipment of the complete bridge or bridges within its care have been completed and all the costs thereof and all bonds, notes or other evidences of indebtedness, together with interest thereon and all costs and expenses in connection with any actions or proceedings by or on behalf of the holders thereof, have been paid. Thereupon the governing body of the county or counties shall assume the further duties in connection with such bridges, including the operation, maintenance and repair thereof, and upon any such dissolution, title to all real estate or any other property or structures of such commission shall thereafter be vested in the county or counties creating the commission. Amended by L.1946, c. 318, p. 1041, s. 10. 27:19-40. Bridges extending within limits of other states not to be acquired or constructed No county bridge commission created pursuant to the article to which this act is a supplement shall hereafter acquire or construct any bridge extending within the limits of any State other than the State of New Jersey. L.1953, First Sp.Sess., c. 453, p. 2445, s. 1. 27:19-41. Sale by commission of bridges extending within limits of other states Every such county bridge commission owning or controlling any bridge or bridges extending within the limits of any State other than the State of New Jersey is hereby authorized to sell, grant or convey any such bridge or any other of its property, real or personal to any body corporate and politic and public corporate instrumentality of the State of New Jersey and such other State created or continued by any compact or agreement between the State of New Jersey and such other State heretofore or hereafter executed on behalf of the State of New Jersey and such other State and consented to by the Congress of the United States, or to the State of New Jersey. Such sale, grant or conveyance may include any and all lands or waters, or rights therein, and structures, real estate, riparian rights and other property, real or personal, located within or without the State of New Jersey, acquired by the commission, either in its own name or in the name of any county which created the commission, and shall be authorized by resolution of the commission without the consent, approval or concurrence of the board of chosen freeholders of any such county or of any other body, officer, agency or commission, and shall be made at such price or prices and on such terms and conditions as may be fixed by such resolution and approved by the body corporate and politic and public corporate instrumentality accepting such sale, grant or conveyance. L.1953, First Sp.Sess., c. 453, p. 2446, s. 2.
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers 27:19-42. Disposition of proceeds of sale of bridges extending within limits of other states The proceeds received by any such county bridge commission upon any sale, grant or conveyance made pursuant to section two hereof shall forthwith upon their receipt be paid into a fund for the payment of the principal, redemption price and interest of bonds, notes or other evidences of indebtedness (hereinafter in this section called "bonds" ) issued by the commission, and, so long as any such bonds are outstanding, shall be held for and applied solely to the payment of such principal, redemption price and interest. The commission shall at the earliest time permitted by law and the provisions of such bonds and the availability to it of such proceeds and any other funds, pay and retire, or call for redemption and redeem and retire, all of such bonds. The remainder of such proceeds of such sale, after the retirement of all such bonds but before the commission shall be dissolved, shall be paid over to the county which created the commission; provided, that if the commission shall have entered into a contract for the payment to any municipality of annual sums of money in lieu of, or in reimbursement for, the loss of taxes on the bridge or other property sold, there shall be paid by the commission out of such remainder of such proceeds of such sale to each such municipality in full satisfaction of all obligations of the commission under such contract, an amount which bears the same proportion to such remainder of such proceeds of sale as the total assessed valuations of property in such municipality bear to the total assessed valuations of property in such county. In computing the amount so to be paid to any such municipality the assessed valuations for the most recent tax year for which such valuations are available shall be used. L.1953, First Sp.Sess., c. 453, p. 2446, s. 3. 27:19-43. Disposition of proceeds of condemnation award for bridge In the event that any such county bridge is acquired in any condemnation proceeding by any such body corporate and politic and public corporate instrumentality of the State of New Jersey and any such other State, the proceeds of any award of damages or other award made to the commission shall be applied, used and distributed in the manner provided in section three hereof with respect to proceeds of a sale. L.1953, First Sp.Sess., c. 453, p. 2447, s. 4. 27:19-44. Dissolution of county bridge commission Any county bridge commission may be dissolved by the governing body of the county or counties creating it at any time after the bridge or bridges within its care have been sold, granted or conveyed to, or have been acquired by condemnation by, any body corporate and politic authorized to acquire such bridge or bridges and all the costs of such bridge or bridges and all bonds, notes or other evidences of indebtedness together with interest thereon and all costs and expenses in connection with any actions or proceedings by or on behalf of the holders thereof have been paid. Thereupon the governing body of the county shall assume the further duties, if any, of such commission and upon any such dissolution title to all real estate or any other property of such commission shall thereupon be vested in the county or counties creating the commission. L.1953, First Sp.Sess., c. 453, p. 2447, s. 5.
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers 27:19-45. Replacement or reconstruction of bridges or approaches; powers of commission Notwithstanding any of the provisions of the article of which this act is a supplement, any county bridge commission created pursuant to said article shall, upon obtaining the consent of its board of chosen freeholders, have the power and be authorized to: a. Replace or reconstruct in whole or in part any bridge or bridges and approaches thereto owned or operated by said commission on the effective date of this act, or thereafter acquired, including any such bridge or bridges and approaches thereto extending within the limits of any state other than the State of New Jersey; and b. In connection with the replacement or reconstruction of any bridge or bridges and approaches thereto, pursuant to section a. of this act, to demolish or dispose of any such bridge or bridges and approaches owned or operated by said commission on the effective date of this act, or thereafter acquired, including any such bridge or bridges and approaches thereto extending within the limits of any state other than the State of New Jersey; and c. In connection with the replacement or reconstruction of any bridge or bridges and approaches thereto pursuant to subsection a. of this section, to issue bonds, notes or other evidences of indebtedness payable only from toll revenues and other income from whatever sources derived and other assets of said commission; provided that use of such toll revenues, income and assets of said commission will not in any manner impair, alter or abrogate any rights and remedies of holders of other bonds, notes or other evidences of indebtedness issued by said commission. L.1975, c. 266, s. 1, eff. Dec. 22, 1975. 27:20-1. Acquisition of plank roads; bridges; maintenance by counties and municipalities When the franchise of an incorporated plank road company has expired or may expire, the board of chosen freeholders of the county in which any bridge owned or claimed to be owned by such company or any part of such bridge may be, shall acquire it by purchase or condemnation, in case there be any ownership therein by such company, and take possession of such bridge or so much thereof as may be within the limits of the county, and maintain and operate it for public use. Each municipality in or through which the plank road or any part thereof runs, shall maintain the portion lying within such municipality, and acquire by purchase or condemnation any right therein remaining in the company, but if the portion of the plank road which runs in or through a municipality is not connected with any other road or highway of the municipality the duty of maintaining and acquiring such portion shall be upon the board of chosen freeholders of the county in which such portion lies. 27:20-2. Joint control of bridges between counties If any such bridge be over a navigable stream which marks the dividing line between counties, the boards of chosen freeholders of such counties shall jointly take possession of the bridge, and acquire the ownership thereof by purchase or condemnation, and the expense of
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers building, rebuilding or repairing and operating a bridge between counties shall be equally borne by the counties. 27:20-3. Repair of bridges; participation by street railway company; agreement; action If any such bridge is used by a street railway company the company may undertake a part of the expense of its building, rebuilding and repair, and the board or boards of chosen freeholders and the company may enter into an agreement whereby the share of the expense to be borne by the company may be ascertained and settled. If no agreement can be reached the boards of chosen freeholders or the company may institute an action in the Superior Court. The court may proceed in the action in a summary manner or otherwise and apportion and determine the portion of the expense to be paid by the company. Amended by L.1953, c. 27, p. 501, s. 26. 27:20-4. Maintenance and operation of jointly-acquired plank roads; agreement; action When the road and bridge or bridges of a plank road company, included within the terms of sections 27:20-1 to 27:20-3 of this Title constitute a continuous highway in two or more counties the boards of chosen freeholders shall acquire, maintain and operate such road and bridge or bridges at joint expense, and may, by agreement, divide the expense thereof between the counties in such proportion as they may deem just, notwithstanding the share of such expense agreed to be borne by either county may be more or less than the cost of acquiring, maintaining and operating the portion of the road or bridges located within the limits of the county. If no agreement can be reached the boards of chosen freeholders or either of them may institute an action in the Superior Court. The court may proceed in the action in a summary manner or otherwise and apportion and determine the portion of the expense to be paid by each of the counties respectively. Amended by L.1953, c. 27, p. 501, s. 27. 27:20-5. Use of unappropriated funds; taxation For the purpose of furnishing the moneys necessary to carry out the provisions of sections 27:20-1 to 27:20-4 of this title and for defraying any expense thereby incurred, the boards of chosen freeholders may use any moneys of their respective counties not otherwise appropriated and raise money from time to time by taxation. 27:20-6. Changed conditions to alter apportionment; action At any time after the entry of a judgment of apportionment of expense as provided in sections 27:20-4 and 27:20-5 of this Title, the boards of chosen freeholders or either of them, alleging changes in the conditions upon which the original judgment of apportionment had been based, may institute another action in the Superior Court. The court may also proceed in this action in a summary manner or otherwise and apportion and determine the portion of the expense to be thereafter paid by each of the counties respectively. Amended by L.1953, c. 27, p. 502, s. 28.
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers 27:20-7. Widening plank roads acquired by county After a plank road shall have been acquired and taken possession of by a board or boards of chosen freeholders it may be widened to any width not exceeding one hundred feet, provided the board or boards of chosen freeholders of the county or counties in which such road may be situate shall adopt a resolution determining that such widening is of public importance and setting forth the width proposed, the location of the widening, and the points between which such widening is to be made. If the road lies in two or more counties the resolution shall receive the approval of each county before it becomes operative. 27:20-8. Widening roads; acquisition of property; cost borne by counties respectively The title to the lands required for such widening may be acquired by gift, devise, purchase or condemnation, and shall vest in the county or counties within the territorial limits of which they may lie, respectively, and the cost and expense of acquiring such lands shall be paid by the county within which they shall lie, but nothing in this section or section 27:20-7 of this title shall alter or affect the provisions of law under which such road, including the bridges thereof, is or shall be constructed, renewed, repaired or maintained. 27:20-9. Bond issue If in the opinion of any of the boards of chosen freeholders, to place in the tax levy for any fiscal year the moneys necessary to pay for the acquisition of the lands necessary for such widening would be too burdensome on the taxpayers of such county, it may by resolution authorize the issuance of bonds therefor. 27:20-10. Joint operation by freeholders abandoned; boards to act separately When the road and bridge or bridges of a plank road company, included within the terms of section 27:20-1 of this title, have been acquired, maintained and operated at the joint expense of the boards of chosen freeholders of the counties in which such road and bridge or bridges are located, under the provisions of sections 27:20-4 and 27:20-5 of this title, and such road and bridge or bridges have been taken over by the state highway commissioner as a part of the state highway system all rights, powers and duties of the boards of chosen freeholders relating to the road and bridge or bridges shall devolve upon the boards of chosen freeholders separately, within the territorial limits of their respective counties, and no such board shall expend moneys in connection with a road and bridge or bridges outside of the territorial limits of its county. 27:20-11. Police and employees assigned to their own county Thereafter the police and employees theretofore jointly employed shall become the police and employees of their respective counties in which they were resident at the time of their respective appointments. 27:20-12. Maintenance of certain turnpikes purchased The portion of a turnpike road lying within the limits of a municipality, purchased or acquired for public use under the provisions of an act entitled "An act relating to the purchase and acquisition by any city, township, town, borough or other municipality of the portion of any turnpike road lying within the limits of any such city, township, town, borough or other municipality, and to provide the money necessary for the purchase thereof," approved March twenty-fourth, one thousand eight hundred and ninety-nine (L.1899, c. 191, p. 501), shall be
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers graded, regulated, worked, repaired, maintained and kept up at the expense of the municipality in which it lies. 27:21-1. Construction by county; application by municipality When in any county a street or highway is crossed by a canal owned by a canal corporation, its successors or assigns, and the municipal board or body having control of street improvements in the municipality in which the road or highway is situate passes resolutions requesting the board of chosen freeholders to construct a bridge over the canal or to cause an existing bridge over it to be widened, the board of chosen freeholders may construct a bridge in such streets or highways, or cause an existing bridge over such canal to be widened. 27:21-2. Approval of plans by municipality before advertising for bids The board of chosen freeholders shall not advertise for bids or proceed with the work of erecting or widening a bridge as provided in section 27:21-1 of this title, until the plans and specifications therefor shall have been submitted to and approved by the board or body in the municipality having charge of street improvements therein. 27:21-3. Apportionment of cost; agreement; action where no agreement The cost of construction of a bridge or the widening of an existing bridge shall be borne by the board of chosen freeholders of the county, the canal corporation, its successors or assigns, over whose canal the bridge is constructed or widened, and the municipality in which the street or highway is located, in the amount or proportion agreed upon between them. If no agreement can be reached the board of chosen freeholders may institute an action in the Superior Court. The court may proceed in the action in a summary manner or otherwise and may apportion and determine the portion of the expense to be paid by each of the parties. Amended by L.1953, c. 27, p. 502, s. 29. 27:21-4. Damage to abutting property paid by municipality The owners of property abutting the bridge shall be entitled to compensation for damages sustained by reason of the construction thereof or the widening of an existing bridge, and the municipality in which the bridge is constructed or widened shall bear and pay the damages ascertained to property within its limits, which damages may be ascertained in the same manner that damages are ascertained on the change of grade of streets, or the abutting property owners may bring their action at law to recover such damages if brought within one year after the acceptance of the work so completed by the board. The board of chosen freeholders shall not be liable for such damages. 27:21-5. Share borne by county; limitation The board of chosen freeholders may expend as its share of the cost of construction of any such bridge or bridges, or of the widening thereof, a sum not to exceed one hundred thousand dollars.
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers 27:21-6. County bonds If in the opinion of the board of chosen freeholders, to place the entire cost of the work in the tax levy for one fiscal year would be too burdensome to the taxpayers of the county, it may issue registered or coupon bonds therefor, in denominations of one thousand dollars each. 27:21-7. Municipal bonds; limitation In order to enable the municipalities to raise the moneys wherewith to pay any damages with which they may be charged by reason of the construction or widening of such bridge, each municipality may issue and sell its bonds in an amount not exceeding the damages assessed or charged against it. 27:21-8. Freeholders may agree with municipality for care of bridges The board of chosen freeholders may authorize by resolution an agreement with a municipality within the county for the maintenance, repair, rebuilding, reconstruction, transfer to, or elimination of a bridge, over a canal, constructed or maintained by the board of chosen freeholders, and the governing body of the municipality in which such bridge is located may enter into such a contract providing for the maintenance, repair, rebuilding, reconstruction, elimination by or transfer to the municipality. The contract shall provide the consideration for the contract either by payment of a lump sum or annual sums or any other valuable consideration agreed upon by the board of chosen freeholders or the governing body of the municipality. Should a municipality accept the responsibility for the bridge by agreement with the board of chosen freeholders, the municipality shall thereafter, on the payment of the consideration provided for in the contract, be exclusively responsible for the maintenance, repair, rebuilding, reconstruction or elimination thereof. The board of chosen freeholders may pay any sums provided to be paid under any such contract out of the tax levy of the county or any unexpended balance in the county, or if in the judgment of the board the inclusion of such sum in the tax budget of one year shall be too burdensome for the taxpayers the board of chosen freeholders may issue and sell bonds therefor. 27:22-1. Improvement of municipal roads; joint county and municipal action; assessments for benefits The board of chosen freeholders may, by resolution, direct that any public road or portion thereof located within any municipality in the county, or lying between and being the boundary line of any two municipalities in the county, which is an extension of or connects with some improved county or state road, be improved in such manner as the board by resolution shall direct, provided the governing body of the municipality, or where the road is a boundary line as above stated, the governing bodies of the two municipalities shall make application to the board for an improvement to be made under this section, and shall undertake, as a condition of the improvement, that the municipality or municipalities will pay such portion of the cost of the improvement as may be agreed upon. The amount or amounts so agreed upon shall be paid to the county treasurer and be disbursed at the direction of the board, and the work of the improvement shall be done under the direction and supervision of the board. Any road, or portion thereof, so improved shall remain a road of the municipality or municipalities and shall
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers be maintained and repaired by such municipality or municipalities. Assessments for benefits to lands peculiarly benefited by any such improvement may be imposed by the municipality or municipalities on such lands, in the manner provided by law, to the extent of the amount paid by any municipality hereunder for the improvement of any such road and the incidental and necessary expense incurred by the municipality for interest, advertising or otherwise by reason of such improvement. 27:22-2. Use of funds received from state Every board of chosen freeholders may accept and every municipality may contribute as part of its share under any agreement entered into pursuant to section 27:22-1 of this title any funds received by the municipality from the state highway commissioner under the provisions of chapter 15 of this title (s. 27:15-1 et seq.) 27:22-3. Limitation of the amount contributed by county The amount contributed by the board of chosen freeholders to such improvement shall not exceed the amount contributed by the municipality irrespective of the amount paid to the municipality by the state highway commissioner. 27:22-4. Maintenance of municipal streets by county and municipality; contracts The board of chosen freeholders of any county and the governing body of any municipality therein may enter into an agreement whereby the municipality shall agree to pay to the board such sum as is therein set forth toward the upkeep and maintenance of streets or highways of the municipality improved under section 27:22-1 of this title. The agreement shall provide the work to be done and the amount of money to be used therefor. 27:22-5. Amount contributed by county; limitation The board of chosen freeholders may appropriate for the purposes set forth in section 27:22-4 of this title an amount not exceeding seventy-five per cent of the cost of the repairs. 27:22-6. Roads remain municipal roads; work done by freeholders The roads repaired under the provisions of sections 27:22-4 and 27:22-5 of this title shall still remain roads of the municipality and under its control, but the work shall be done by the board of chosen freeholders. 27:22-7. Joint county and municipal contract respecting certain streets; settling disputes The board of chosen freeholders and the governing body of any municipality located in the county may enter into an agreement whereby the board shall agree to pay to the municipality such sum towards the upkeep and maintenance of any street or highway or portion thereof, in the municipality, which is an extension of or connects with some improved county or state road, or forms a link or links in a chain of roads over which there is through traffic between improved county or state roads, as may fairly represent the increased cost of repair, resurfacing and maintenance thereof, due to through traffic. The agreement shall in every case provide the work to be done and the condition in which the road shall be kept, and the board of chosen freeholders and the governing body of any
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers municipality located in the county, may enter into an agreement whereby the board shall agree to pay to the municipality such proportion as may be agreed upon, of the cost of the construction, reconstruction or improvement of any such street or streets, highway or highways, or portions thereof. The agreement shall provide the work to be done, the manner of payment as between the county and municipality, and shall further provide that no contract shall be let or work done unless and until the complete plans and specifications therefor have been approved by both parties. A street or highway, or portion thereof, so improved, shall remain a street or highway of the municipality, and shall be maintained and repaired by it. Any dispute concerning any agreement entered into under the provisions of this section, shall be referred to and be decided by the state highway commissioner, whose decision shall be binding on both parties. 27:22-8. Improvement of roads dividing municipalities; application; contract The board of chosen freeholders may by resolution direct that a county road or portion thereof located within any municipality in the county or lying between and being the boundary line of any two municipalities in the county, be improved by the construction of curbs, gutters and the improvement of the surface of the roadway by grading and paving the roadway thereof either from curb to curb or to such an extent and of such materials as the board may determine, or either of them, in such manner as the board by resolution shall direct, and may take lands by condemnation or otherwise for the widening or straightening of such roads or for the realignment thereof, provided the governing body of the municipality, or where the road is a boundary line, the governing bodies of the two municipalities shall make application to the board for an improvement to be made under this section, and shall undertake as a condition of the improvement that the municipality or municipalities will pay such portion of the costs of the improvement and of the expense of the widening or straightening of the road, or for its realignment, as may be agreed upon. When the municipality or municipalities shall make application for the improvement, the municipality shall proceed in the same manner as in cases of local or general improvements, as the case may be, as the terms "local" and "general" are defined in section 40:56-1 of the title Municipalities and Counties, except that, notwithstanding any other statutory provision, advertising for or receiving bids for making the improvement shall not be required, but, in lieu thereof, the municipality or municipalities, upon the approval of the proceedings by the board may enter into a contract with the board for the making of the improvement and for the payment to the county of the cost of the improvement as fixed in the contract. The work shall be done under the direction and supervision of the board of chosen freeholders. 27:22-9. Roads continuations of county roads; improvement; county aid The board of chosen freeholders may enter into a contract with any municipality or municipalities to share part of the cost of any road improvement to be made by the municipality
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers or municipalities provided the road to be improved is an extension or continuation of a county road. The proportion of the cost to be paid by the county shall be set forth by resolution. 27:22-10. Use of funds obtained from highway commissioner; consent required The county may pay its share of the cost of the improvement out of any funds allotted to it by the state highway commissioner if his consent be first obtained. The plans and specifications for the proposed improvement shall be approved by the commissioner before the work is contracted for. 27:22-11. Bridges and culverts eliminated; construction of sewers; county and municipal agreement When a street or highway located in a municipality crosses a stream on a bridge or culvert maintained by the county in which the municipality is located, and the municipality shall determine to construct a sewer or drain to divert and take care of the water of the stream so that the further maintenance of the bridge or culvert by the county will be unnecessary, the board of chosen freeholders of the county and the governing body of the municipality may enter into an agreement whereby the board shall agree to pay to the municipality a certain portion of the cost and expense of the construction of the sewer or drain. After the execution of the agreement, the municipality may proceed to make the improvement and the board of chosen freeholders shall pay to the municipality its portion of the cost and expense thereof, in accordance with the terms of the agreement. After the construction of the sewer or drain the county shall have no responsibility for its maintenance. 27:22-12. Contribution by county for maintenance and repair Each board of chosen freeholders may appropriate funds to be used for the purpose of aiding municipalities in maintaining and repairing roads constructed or improved under the provisions of chapter 15 of this title (s. 27:15-1 et seq.). The amount of such appropriation shall not exceed the amount appropriated and paid for the maintenance of any such road by the municipality in which the road is located, nor shall the appropriation be made unless the municipality requests the board of chosen freeholders to use the funds allotted under sections 27:15-10 to 27:15-12 of this title for the maintenance of such roads and the board of chosen freeholders retains the funds allotted by the state highway commissioner to the municipality and uses them for that purpose. 27:22-13. Maintenance of certain township roads in adjoining county The board of chosen freeholders of any county may contribute towards the cost of the maintenance, upkeep and repair of a township road located in an adjoining county where the road is a continuation of a county road and leads to an institution conducted and controlled by the county so contributing. 27:22-14. Agreement; approval by county When a township applies to the board of chosen freeholders for an improvement to be made under section 27:22-13 of this title, an agreement shall be entered into between the township and the county specifying the amount that each shall contribute towards the improvement of the road, and the nature of the work to be done. After the execution of the agreement, the township may proceed to make the improvement, in compliance with the laws under which similar works are undertaken, contracted for and executed in the township.
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers The work shall be subject to the approval of the county engineer of the contracting county and if approved by him the board of chosen freeholders shall pay its share of the cost according to the terms of the agreement. 27:22-15. Cost charged to county road appropriation All moneys expended by the county for improvements under sections 27:22-13 and 27:22-14 of this title shall be charged to its road appropriation.
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers
TITLE 34 “OVERHEAD UTILITIES”
34:6-47.1. Definitions As used in this act: a. "Commissioner" means the Commissioner of Labor or any of his authorized representatives. b. "High-voltage lines" means electrical conductors installed above ground and having a voltage differential in excess of 750 volts between any pair of conductors or between any conductor and ground. In the case of alternating current, the voltage shall be measured in R.M.S. value. This definition shall not include approved armored cable used to supply power to portable equipment and insulated power cables enclosed in approved metallic raceways. L. 1948, c. 249, s. 1; amended by L. 1966, c. 251, s. 2; 1987, c. 124, s. 1. 34:6-47.2. Prohibited activity No employer or supervising agent of an employer shall require or permit an employee to participate in the operation, erection, transportation, handling, or storage of any tools, machinery, equipment, supplies, materials, or apparatus or the moving of any building, if in the course of such operation, erection, transportation, handling, storage or moving it is possible for such tools, machinery, equipment, supplies, materials, apparatus or building, to come within 6 feet of a high-voltage line; or to participate in any activity which would cause the employee to come within 6 feet of a high-voltage line; unless precautionary action has been taken to protect against the danger from contact with such high-voltage line, either by de-energizing such high-voltage line and grounding it where necessary, or other effective methods or devices which have been approved in advance by the commissioner for the particular case and for the particular location. No person shall operate, erect, transport, handle or store any tools, machinery, equipment, supplies, materials or apparatus, or move any building, if in the course of such operation, erection, transportation, handling, storage or moving, it is possible for such tools, machinery, equipment, supplies, materials, apparatus or building, to come within 6 feet of a high-voltage line unless precautionary action has been taken to protect against the danger from contact with such high-voltage line either by de-energizing such high-voltage line and grounding it where necessary, or by using other effective methods or devices which have been approved in advance by the commissioner for the particular case and for the particular location. In no case shall the required 6 foot clearance be provided by moving or displacing any conductor, except where the same is temporarily relocated pursuant to arrangements made with the owner or person in charge of the high-voltage line. L.1948, c. 249, p. 1100, s. 2. Amended by L.1966, c. 261, s. 3.
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers 34:6-47.4. Warning sign required The owner, agent, lessee, bailee, user, or employer responsible for the operations of equipment capable of coming in contact with a high-voltage line in the course of its operation, shall post and maintain in plain view of the operator on each piece of such equipment, an approved durable warning sign legible at a distance of 12 feet reading "Unlawful to operate this equipment within 6 feet of high-voltage lines" . The owner, agent, lessee, bailee, user, or employer responsible for the operations of equipment shall provide such other warning signs on equipment or at the work site as may be required by regulations promulgated hereunder. The requirement that warning signs be posted shall not apply to railway equipment operating on railway right-of-way in relation to high-voltage conductors of such railway system under conditions for which exemption is granted under section 8 of this act. L.1948, c. 249, p. 1101, s. 4. Amended by L.1966, c. 261, s. 4.
34:6-47.5. Notification to power company and responsibility for safeguards Whenever any activity is to be performed requiring precautionary action under section 2 of this act, the employer, contractor or other person responsible for the activity shall, promptly notify the owner or person in charge of the high-voltage line of the intended activity and shall fully comply with and shall be responsible for the cost and for the completion of the precautionary action required under section 2 of this act before proceeding with such activity. L.1948, c. 249, p. 1102, s. 5. Amended by L.1966, c. 261, s. 5. 34:6-47.6. Enforcement The commissioner shall administer and enforce the provisions of this act and he is hereby empowered to prescribe and promulgate rules and regulations consistent herewith. L.1948, c. 249, p. 1102, s. 6. 34:6-47.7a. Penalty for violation 6. Any person violating any of the provisions of P.L.1948, c.249 (C.34:6-47.1 et seq.) shall be liable to a penalty of not less than $500.00 nor more than $5,000.00 to be collected in a civil action by a summary proceeding under "the penalty enforcement law" (N.J.S.2A:58-1 et seq.). Any violation of P.L.1948, c.249 (C.34:6-47.1 et seq.) by an officer, agent or employee shall also be a violation of P.L.1948, c.249 (C.34:6-47.1 et seq.) by his employer if such employer had knowledge of and actual control over the cause of such violation. Where the violation is of a continuing nature each day during which it continues, shall constitute an additional, separate and distinct offense. Any sum collected as a fine or penalty pursuant to this section shall be applied toward enforcement and administration costs of the Division of Workplace Standards in the Department of Labor. The commissioner is hereby authorized and empowered to compromise and settle any claim for a penalty under this section in such amount in the discretion of the commissioner as may appear appropriate and equitable under all of the circumstances. L.1966,c.261,s.6.; amended 1987,c.124,s.3; 1991,c.205,s.23.
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers 34:6-47.8. Exceptions This act shall not be construed as applying to, shall not apply to, and is not intended to apply to, the construction, reconstruction, operations, and maintenance of overhead electrical conductors and their supporting structures and associated equipment by authorized and qualified electrical workers; nor to the authorized and qualified employees of any person engaged in the construction, reconstruction, operation, and maintenance of overhead electrical circuits or conductors and their supporting structures and associated equipment of rail transportation systems, or electrical generating, transmission, distribution, and communication systems. This exception when applied to railway systems, shall be construed as permitting operation of standard rail equipment, which is normally used in the transportation of freight or passengers or both and the operation of relief trains, or other equipment in emergencies, or in maintenance of way service, at a distance of less than 6 feet from any high-voltage conductor of such railway system; but this act shall be construed as prohibiting normal repair or construction operations at a distance of less than 6 feet from any high-voltage conductor by other than properly qualified and authorized persons or employees under the direct supervision of an authorized person who is familiar with the hazards involved, unless there has been compliance with the safety provisions of section 2, 4, and 5 hereof. This act shall not be construed as applying to, shall not apply to and is not intended to apply to, motor vehicle transportation across or along a public road or highway where such transportation is subject to the requirements of Title 39, Motor Vehicles and Traffic Regulation of the Revised Statutes, nor to motor vehicle transportation subject to the requirements of P.L.1952, chapter 16, page 65, section 1 et seq., New Jersey Highway Authority or P.L.1948, chapter 454, page 1856, section 1 et seq., New Jersey Turnpike Authority. L.1948, c. 249, p. 1102, s. 8. Amended by L.1966, c. 261, s. 7, eff. Sept. 6, 1966. 34:6-47.9. Partial invalidity In case any provision of this act shall be adjudged unconstitutional or void for any reason, such adjudication shall not affect any of the other provisions of this act. L.1948, c. 249, p. 1103, s. 9.
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers
TITLE 48 “PUBLIC UTILITIES” (Underground)
48:2-73. Short title 1. Sections 1 through 19 of this act shall be known and may be cited as the "Underground Facility Protection Act." L.1994,c.118,s.1. 48:2-74. Findings, declarations, determinations 2. The Legislature finds and declares that damage to underground facilities caused by excavation and the discharge of explosives poses a significant risk to the public safety; that such damage to underground natural gas facilities poses a substantial risk to the public safety; and that the implementation of a comprehensive One-Call Damage Prevention System can substantially reduce the frequency of damage caused by these activities. The Legislature therefore determines that it is in the public interest for the State to require all operators of underground facilities to participate in a One-Call Damage Prevention System and to require all excavators to notify the One-Call Damage Prevention System prior to excavation or demolition. The Legislature further determines that the Board of Public Utilities is the appropriate State agency to designate the operator of, and provide policy oversight to, the One-Call Damage Prevention System and enforce the provisions of this act. L.1994,c.118,s.2. 48:2-75. Definitions 3. As used in this act: "Board" means the Board of Public Utilities; "Business day" means any day other than Saturday, Sunday, or a nationally or State recognized holiday; "Damage" means any impact or contact with an underground facility, its appurtenances or its protective coating or any weakening of the support for the facility or protective housing, including, but not limited to a break, leak, dent, gouge, groove, or other damage to the facility, its lines, or their coating or cathodic protection. "Emergency" means any condition constituting a clear and present danger to life, health or property caused by the escape of any material or substance transported by means of an underground facility or the interruption of a vital communication or public service that requires immediate action to prevent or mitigate loss or potential loss of the communication or public service, or any condition on or affecting a transportation right-of-way or transportation facility
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers that creates a risk to the public of potential injury or property damage; "Excavate" or "excavating" or "excavation" or "demolition" means any operation in which earth, rock, or other material in the ground is moved, removed, or otherwise displaced by means of any tools, equipment, or explosive, and includes but is not limited to drilling, grading, boring, milling to a depth greater than six inches, trenching, tunneling, scraping, tree and root removal, cable or pipe plowing, fence post or pile driving, and wrecking, razing, rending, or removing any structure or mass material, but does not include routine residential property or right-of-way maintenance or landscaping activities performed with non-mechanized equipment, excavation within the flexible or rigid pavement box within the right-of-way, or the tilling of soil for agricultural purposes to a depth of 18 inches or less; "Excavator" means any person performing excavation or demolition; "Hand digging" means any excavation involving non-mechanized tools or equipment, including but not limited to digging with shovels, picks and manual post-hole diggers; "Mechanized equipment" means equipment powered by a motor, engine, or hydraulic, pneumatic or electrical device, including but not limited to trenchers, bulldozers, power shovels, augers, backhoes, scrapers, drills, cable and pipe plows, and other equipment used for plowing-in cable or pipe, but does not include tools manipulated solely by human power; "One-Call Damage Prevention System" means the communication system established pursuant to section 4 of this act; "Operator" means a person owning or operating, or controlling the operation of, an underground facility, but shall not include a homeowner who owns only residential underground facilities, such as an underground lawn sprinkler system or an underground structure for a residential low-voltage lighting system; "Person" means any individual, firm, joint venture, partnership, corporation, association, State, county, municipality, public agency or authority, bi-state or interstate agency or authority, public utility, cooperation association, or joint stock association, and includes any trustee, receiver, assignee, or personal representative thereof; "Public entity" means any federal, State, county or municipal entity responsible for issuing road opening, building, blasting, demolition or excavation permits; "Site" means the specific place where excavation work is performed or to be performed and shall be identified by street address referenced to the nearest intersecting street and subdivision name, if applicable, as well as by lot and block number, if available and by kilometer or mile marker for railways; "State department or agency" means any department, public authority, public agency, public commission, or other political subdivision of the State, including any county, municipality or political subdivision thereof.
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers "Underground facility" means any public or private personal property which is buried, placed below ground, or submerged on a right-of-way, easement, public street, other public place or private property and is being used or will be used for the conveyance of water, forced sewage, telecommunications, cable television, electricity, oil, petroleum products, gas, optical signals, or traffic control, or for the transportation of a hazardous liquid regulated pursuant to the "Hazardous Liquid Pipeline Safety Act of 1979" (49 U.S.C. app. s. 2001 et seq.), but does not include storm drains or gravity sewers. L.1994,c.118,s.3. 48:2-76. One-Call Damage Prevention System, established; rules, regulations 4. The Board of Public Utilities shall establish a One-Call Damage Prevention System pursuant to the provisions of this act, and may adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), such rules and regulations as it deems necessary to implement the provisions of this act. This system shall be a single Statewide 24-hour, seven-day-a-week notification center which shall: a. Receive and record the notice of intent to excavate provided by excavators pursuant to subsection a. of section 10 of this act; b. Assign a confirmation number to each notice of intent to engage in an excavation, inform the excavator of the confirmation number, and maintain a register showing the name, address, and telephone number of the excavator, the site to which the notice pertains, and the assigned confirmation number; c. Promptly transmit to the appropriate operators the information received from an excavator regarding any intended excavation in areas where the operators have underground facilities; d. Maintain a record of each notice of intent received pursuant to subsection a. of this section for a period of seven years from the date of notice; and e. Provide to the excavator the names of the operators who will be notified by the One-Call Damage Prevention System of the intended excavation. L.1994,c.118,s.4. 48:2-77. Operation of One-Call Damage Prevention System
5. a. Five years after the effective date of this act, the board shall designate, through an appropriate administrative mechanism, a person to operate the One-Call Damage Prevention System. The board may, as necessary, adopt rules establishing the process by which it shall select a person to operate the system.
b. The board shall designate the Garden State Underground Plant Location Service (GSUPLS), a nonprofit corporation of this State, to operate the One-Call Damage Prevention
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers System, on an interim basis, for five years after the effective date of this act. During this interim period, GSUPLS will operate the system in conformance with the provisions of this act and the board shall have policy oversight over operation of the system.
L.1994,c.118,s.5; amended 1997, c.7, s.1. 48:2-78. Appropriate waiver conditions 6. The board may grant a waiver from the requirements of section 8 of this act for such reasons as it deems appropriate. The board shall have sole jurisdiction and authority for reviewing and granting or denying any waiver requested pursuant to this section. However, a waiver shall be deemed appropriate in those instances when an operator demonstrates that: a. Damage to the underground facilities owned, operated, or controlled by the operator would pose no threat to the public safety; or b. There is no possibility that an underground facility owned, operated or controlled by the operator will be damaged by excavating activities. An operator who has requested a waiver pursuant to this section shall participate in the One-Call Damage Prevention System while the request is being considered by the board. L.1994,c.118,s.6. 48:2-79. System operator, responsibilities 7. The system operator shall: a. Operate the One-Call Damage Prevention System, which shall include but not be limited to the services described in section 4 of this act; b. Establish a schedule of fees under which each operator shall pay an equitable share of the costs of maintaining the One-Call Damage Prevention System. This schedule of fees shall be submitted to the board for review and approval and shall be subject to the continuing jurisdiction of the board; c. Ensure that the One-Call Damage Prevention System operates in all areas of the State. The telephone number of the One-Call Damage Prevention System for providing any notice required by this act shall be a toll-free number; d. Notify the public and known excavators of the requirement pursuant to this act for the mandatory use of the One-Call Damage Prevention System to locate underground facilities; and e. Comply with all other provisions of this act. L.1994,c.118,s.7.
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers 48:2-80. Underground facility operator, responsibilities; underground facility markings
8. a. Except as provided in sections 6 and 9 of this act, the operator of an underground facility shall:
(1) Participate in and comply with the requirements of the One-Call Damage Prevention System established pursuant to section 4 of this act; and
(2) Mark, stake, locate or otherwise provide the position and number of its underground facilities which may be affected by a planned excavation or demolition within three business days after receipt of the information concerning a notice of intent to excavate transmitted pursuant to subsection a. of section 10 of this act. An underground facility shall be marked in accordance with standards approved by the board, which shall be based upon approved industry standards, and shall be marked at the site within 18 inches horizontally from the outside wall of the facility, in a manner that will enable the excavator to employ prudent techniques, which may include hand-dug test holes, to determine the precise position of the operator's underground facility. An underground facility shall be marked from information available in the operator's records or by use of standard locating techniques other than excavation. In temporarily marking the approximate position of an underground facility, an operator shall utilize the following color coding:
Utility and Type Product Identifying color
Electric Power Distribution Safety Red and Transmission
Municipal Electric Systems Safety Red
Gas Distribution and Transmission High Visibility Safety Yellow
Oil Distribution and Transmission High Visibility Safety Yellow
Dangerous Materials, Product High Visibility Safety Yellow
Lines, Steam Lines
Telephone and Telecommunications Safety Alert Orange
Police and Fire Communications Safety Alert Orange
Cable Television Safety Alert Orange
Water Systems Safety Precaution Blue
Slurry Systems Safety Precaution Blue
Sewer Lines Safety Green
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers
b. If an operator does not own, operate or control any underground facilities at the site concerning which he received information of a notice of intent to excavate transmitted pursuant to subsection c. of section 4 of this act, the operator shall make a reasonable effort to so advise the person giving the notice of intent to excavate, providing the notice is given within the time frame set forth in subsection a. of section 10 of this act.
c. An operator shall maintain a record of all damage to its underground facilities, including all damage reported by an excavator pursuant to subsection e. of section 10 of this act. An operator shall provide an updated copy of this record to the board on a quarterly basis.
L.1994,c.118,s.8; amended 1997, c.7, s.2. 48:2-81. Marking of facilities; nonapplicability; excavation, permitting process on State property 9. a. The requirement, pursuant to paragraph (2) of subsection a. of section 8 of this act, for an operator to mark, stake, locate or otherwise provide the position of its underground facilities shall not apply to an underground non-metallic water pipe or non-metallic water distribution facility installed prior to the effective date of this act. An operator that qualifies for this exemption shall cooperate with the excavator in reasonable efforts to determine the location of such facilities. b. The requirement pursuant to paragraph (2) of subsection a. of section 8 of this act for an operator to mark, stake, locate or otherwise provide the position of its underground facilities shall be deemed met by a State department or agency when an excavation is conducted on property or a right-of-way owned or controlled by the State department or agency and the excavation is subject to an excavation permitting process by the State department or agency if: (1) The underground facilities of the State department or agency at the proposed excavation site comprise only traffic signals and lights or street and highway lights and their associated electrical feeds, control lines and traffic sensing loops; (2) The State department or agency excavation permit is conditional upon the excavator notifying the One-Call Damage Prevention System; and (3) The State department or agency provides the excavator with plans of the position and number of its underground facilities during the permitting process and agrees to cooperate on a continuing basis with the excavator in reasonable efforts to determine the location of such facilities, including notifying an excavator of any changes which may occur in the position or number of underground facilities after the initial issuance of plans to the excavator. However, the State department or agency may elect to mark, stake, or locate its underground facilities pursuant to the requirements of paragraph (2) of subsection a. of section 8 of this act. If a State department or agency elects not to mark or stake its facilities under this subsection, an excavator who has conformed with the requirements of this act and all other applicable permit requirements, and uses reasonable care while excavating shall not be liable for damage to the
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers State department or agency's underground facilities. L.1994,c.118,s.9. 48:2-82. Notification of the One-Call Damage Prevention System; excavator's duties 10. a. An excavator shall notify the One-Call Damage Prevention System established pursuant to section 4 of this act of his intent to engage in excavation or demolition not less than three business days and not more than 10 business days prior to the beginning of the excavation or demolition. b. Upon notifying the One-Call Damage Prevention System, an excavator shall provide the following information: (1) The name and telephone number of the person notifying the system; (2) The name, address, and office and field telephone numbers and facsimile numbers of the excavator; (3) The name, address and telephone number of the person for whom the excavation work is to be performed; and (4) The specific site location, starting date, starting time and description of the intended excavation or demolition, including the approximate depth of the excavation or demolition. c. Where appropriate to provide clarification, an excavator shall mark and identify the perimeter of the proposed site of the excavation by the color white prior to notifying the One-Call Damage Prevention System of his intent to engage in excavation or demolition. d. An excavator shall: (1) Not operate any mechanized equipment within two feet horizontally of the outside wall of any underground facility marked in accordance with the provisions of this act, or marked in accordance with any rule, regulation, or order adopted pursuant to this act, unless the underground facility has first been located by hand digging. Mechanized equipment shall be used with proper care and under adequate supervision to avoid damage to the underground facility; (2) Plan the excavation or demolition to avoid damage to and to minimize interference with underground facilities; (3) Use reasonable care during excavation or demolition to avoid damage to or interference with underground facilities; and (4) After commencement of excavation or demolition, protect and preserve the marking, staking, or other designation of an underground facility until the marking, staking, or other designation is no longer necessary for safe excavation or demolition.
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers e. An excavator shall immediately report to the operator of an underground facility any damage to the underground facility caused by or discovered by the excavator in the course of an excavation or demolition. L.1994,c.118,s.10. 48:2-83. Proof of notification required for permission to excavate 11. The provisions of any other law, rule, regulation or ordinance to the contrary notwithstanding, any permit or permission for a road opening, building, blasting, demolition or excavation granted by a public entity to an excavator that will result in excavation or demolition activity shall not be effective until the excavator provides proof to the public entity that the excavator has notified the One-Call Damage Prevention System pursuant to section 10 of this act. This proof may be provided by supplying the public entity with the confirmation number assigned to the notice of intent pursuant to subsection b. of section 4 of this act. L.1994,c.118,s.11. 48:2-84. Nonapplicability to emergencies 12. The provisions of this act shall not apply when an excavation or demolition is undertaken in response to an emergency, provided that the One-Call Damage Prevention System is notified at the earliest reasonable opportunity and that all reasonable precautions are taken to protect underground facilities. L.1994,c.118,s.12. 48:2-85. Map of pipeline; filing 13. a. An operator of an interstate natural gas pipeline or an interstate hazardous liquid underground pipeline shall file a map depicting the route of the pipeline in this State with the clerk of each municipality in the State through which the interstate pipeline passes, with the board, and with the Department of Environmental Protection. b. Nothing in this act shall be construed to modify or interfere with the enforcement jurisdiction of the United States Department of Transportation with regard to the operators of interstate pipelines. L.1994,c.118,s.13. 48:2-86. Violation of act; injunction; civil penalties 14. a. Whenever it appears to the board that a person has violated any provision of this act, or any rule, regulation or order adopted pursuant thereto, it may issue an order specifying the provision or provisions of this act, or the rule, regulation or order of which the person is in violation, citing the action which constituted the violation, ordering abatement of the violation, and giving notice to the person of his right to a hearing on the matters contained in the order. Such order shall be effective upon receipt and any person to whom such order is directed shall comply with the order immediately.
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers b. The board may institute an action or proceeding in the Superior Court for injunctive and other relief for any violation of this act, or of any rule or regulation adopted pursuant to this act and the court may proceed in the action in a summary manner. In any such proceeding the court may grant temporary or interlocutory relief, notwithstanding the provisions of R.S.48:2-24. Such relief may include, singly or in combination: (1) A temporary or permanent injunction; and (2) Assessment of the violator for the costs of any investigation, inspection, or monitoring survey which led to the establishment of the violation, and for the reasonable costs of preparing and litigating the case under this subsection. Assessments under this subsection shall be paid to the State Treasurer. The board or an affected operator may institute an action in the Superior Court to enjoin a person whose repeated failure to comply with the provisions of this act constitutes a threat to public safety from engaging in any further excavation or demolition work within the State, except under such terms and conditions as the Superior Court may prescribe to ensure the safety of the public. c. The provisions of section 16 of this act to the contrary notwithstanding, a person who is determined by the board, after notice and opportunity to be heard, to have violated any provision of this act or any rule, regulation, or order adopted pursuant thereto with respect to a natural gas underground pipeline or distribution facility, or a hazardous liquid underground pipeline or distribution facility, shall be liable to a civil penalty not to exceed $25,000 for each violation for each day the violation continues, except that the maximum civil penalty may not exceed $500,000 for any related series of violations. Any civil penalty imposed pursuant to this subsection may be compromised by the board. In determining the amount of the penalty, or the amount agreed upon in compromise, the board shall consider the nature, circumstances, and gravity of the violation; the degree of the violator's culpability; any history of prior violations; the prospective effect of the penalty on the ability of the violator to conduct business; any good faith effort on the part of the violator in attempting to achieve compliance; the violator's ability to pay the penalty; and other factors the board determines to be appropriate. The amount of the penalty when finally determined, or the amount agreed upon in compromise, may be deducted from any sums owing by the State to the person charged, or may be recovered, if necessary, in a summary proceeding pursuant to "the penalty enforcement law" (N.J.S.2A:58-1 et seq.). The Superior Court shall have jurisdiction to enforce the provisions of "the penalty enforcement law" in connection with this act. d. Pursuit of any remedy specified in this section shall not preclude the pursuit of any other remedy, including any civil remedy for damage to an operator's underground facilities or for damage to a person's property, provided by any other law. Administrative and judicial remedies provided in this section may be pursued simultaneously. L.1994,c.118,s.14.
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers 48:2-87. Illegal excavation; disorderly persons offense, third degree crime
15. Any person who knowingly engages in an excavation without:
a. First using the One-Call Damage Prevention System to determine the location of underground facilities in the area being excavated; or
b. Heeding appropriate location information or markings established by any operator; or
c. Otherwise complying with the provisions of this act; is guilty of a disorderly persons offense. If, because of the violation, damage occurs to an underground facility resulting in death, serious bodily harm, or actual damage to property or loss of service revenue exceeding $50,000, or damage occurs to an underground hazardous liquid pipeline facility resulting in the release of more than 50 barrels of product, the person shall, upon conviction, be guilty of a crime of the third degree.
Nothing in this section shall limit the jurisdiction of the board with respect to natural gas pipeline safety or limit the jurisdiction of the board or a court of competent jurisdiction with respect to the civil administrative penalty and enforcement provisions of this act.
L.1994,c.118,s.15; amended 1997, c.7, s.3. 48:2-88. Penalty for operator violations 16. a. An operator or excavator, or the person who operates the One-Call Damage Prevention System, who violates any provision of this act or any rule or regulation or order adopted pursuant thereto shall be liable to a civil penalty of not less than $1,000 and not more than $2,500 per day for each day the violation continues, except that the maximum civil penalty may not exceed $25,000 for any related series of violations. b. Any civil action pursuant to subsection a. of this section may be brought in a court of this State by the board or by an affected operator. Nothing in this act shall affect any civil remedy for damage to an operator's underground facility or for actual damage to any person's property. L.1994,c.118,s.16. 48:2-89. Notice failure, prima facie evidence of negligence 17. Evidence that an excavation or demolition that results in any damage to an underground facility was performed without providing the notice required pursuant to section 10 of this act shall be prima facie evidence in any civil or administrative proceeding that the damage was caused by the negligence of the person engaged in the excavation or demolition. L.1994,c.118,s.17.
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers 48:2-90. Civil penalties to the State 18. All civil penalties recovered pursuant to this act shall be paid into the General Fund. L.1994,c.118,s.18. 48:2-91. Board's jurisdiction not affected 19. Nothing in this act shall limit the jurisdiction of the board: a. Over public utilities pursuant to R.S.48:2-1 et seq., notwithstanding the fact that a public utility may be an operator or excavator as defined in section 3 of this act; or b. Concerning natural gas pipeline safety pursuant to R.S.48:9-33. L.1994,c.118,s.19.
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Rules & Statutes of Relevance to New Jersey July 14th, 2004 Printing Professional Land Surveyors & Engineers NOTES
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Reference Section 3 The New Jersey Riparian Rights Hand Book
Reference Section 4 The bulkhead Book
Reference Section 5 Title 12 Commerce and Navigation
Chapter 3 Riparian Lands Article 1. Leases, Grants and Conveyances
TITLE 12. COMMERCE AND NAVIGATIONCHAPTER 3. RIPARIAN LANDS
ARTICLE 1. LEASES, GRANTS AND CONVEYANCESA. IN GENERAL
Current through L.1998 c. 153
12:3-1. Commissioners to make survey and report as to riparian lands, etc. .............. 112:3-2. Establishment of exterior bulkhead and pier lines in tidewaters of Hudson river, NewYork bay and Kill von Kull ..................................................... 212:3-3. Filling in beyond bulkhead lines; erection of piers............................ 212:3-4. Repeal of Wharf Act of 1851; reclaiming or building upon lands under tidewaters;consent of department; prior grants and licenses .................................. 312:3-5. Conveyances or leases to grantee or licensee under legislative act: amount of rental orpurchase price; conversion of lease into conveyance; rights of grantee or licensee ....... 412:3-6. Payment of or security for purchase money or rentals for lands below high-water mark 512:3-7. Grant of riparian land not improved; notice to riparian owner ................... 612:3-7.1. Inability to give required notice; notice by publication; effect ................. 612:3-8. Trespass on lands of state under water; proceedings by attorney general; expenses 712:3-9. Grant to person other than riparian owner; procedure ......................... 712:3-10. Lease or conveyance to riparian owner on application to board ................. 812:3-11. Waters excluded ...................................................... 812:3-12. Covenants, clauses and conditions in grants or leases whether land under water or not.......................................................................... 812:3-12.1. Tidelands management; policy availability; legislative findings and declarations . 912:3-12.2. Tidelands Resource Council informational guide ........................... 912:3-12.3. Tidelands Resource Council; adoption of rules and regulations.............. 1012:3-13. Change in pier lines or lines of solid filling; map and survey; basins ........... 1012:3-14. Encroachment prohibited.............................................. 1112:3-15. Lease or sale of basins; dedication as public basins ........................ 1112:3-16. Fixing of purchase price or rentals for lands below highwater mark or formerly undertidewater; lease or conveyance................................................ 1112:3-17. Repealed by L.1979, c. 311, s 4, eff. Jan. 17, 1980 ........................... 1112:3-18. Right of way separating riparian owner's lands from tidewater; effect on leases andgrants.................................................................... 1112:3-19. Establishment of bulkhead and pier lines around islands in tidewaters .......... 1212:3-20. Sale or lease of riparian lands around islands, reefs or shoals ................. 1212:3-21. Removal of sand and other material without license; penalty; exception ........ 1212:3-22. License to remove sand or other materials from lands under tidewaters ......... 1312:3-28. Construction or alteration of bridges over tidal waters; approval of board; repeal bysubsequent act............................................................. 15
12:3-1. Commissioners to make survey and report as to riparian lands, etc.
P.L.1864, c. 391, p. 681 (Rev.1877, pp. 981, 982, §§ 1 to 6; C.S. pp. 4383, 4384,§§ 1 to 7), entitled "An Act to ascertain the rights of the state and of the riparian ownersin the lands lying under the waters of the bay of New York, and elsewhere in the state,"approved April eleventh, one thousand eight hundred and sixty-four, saved from repeal.[This act provides for the appointment of a board of commissioners to cause to bemade surveys of the lands lying under the waters of the bay of New York, of the
Hudson river and the lands adjacent thereto, the Kill von Kull, Newark bay, Arthur Kill,Raritan bay and the Delaware river opposite to the county of Philadelphia, nottheretofore granted by the state; to ascertain the state's rights in the same and thevalue thereof; to fix the exterior line beyond which no permanent obstruction should bepermitted and to report to the legislature and recommend a plan for the improvement,use, renting or leasing of said lands with maps of said lands showing the said exteriorline, the lines of existing piers, etc., and any grants of such lands not then occupied,with other appropriate information.]
12:3-2. Establishment of exterior bulkhead and pier lines in tidewaters of Hudsonriver, New York bay and Kill von Kull
The bulkhead line or lines of solid filling and pier lines in the tidewaters of theHudson river, New York bay and Kill von Kull, lying between Enyard's dock, on the Killvon Kull, and the New York state line, so far as they have been recommended andreported to the legislature by the commissioners appointed under the act entitled "Anact to ascertain the rights of the state and of the riparian owners in the lands lyingunder the waters of the bay of New York, and elsewhere in the state," approved Aprileleventh, one thousand eight hundred and sixty-four (L.1864, c. 391, p. 681), by reportbearing date February first, one thousand eight hundred and sixty-five, are herebyadopted and declared to be fixed and established as the exterior bulkhead and pierlines between the points above named, as such exterior bulkhead and pier lines sofixed, established and adopted are shown upon the manuscript maps, accompanyingsaid report, and filed in the office of the secretary of state, except as said lines havebeen or may hereafter be changed pursuant to section 12:3-13 of this title and exceptsaid lines drawn on said maps over or upon lands within the boundaries of the grantmade to the Morris Canal and Banking Company by the act entitled "A furthersupplement to the act entitled 'An act to incorporate a company to form an artificialnavigation between the Passaic and Delaware rivers,' passed December thirty-first,eighteen hundred and twenty-four," approved March fourteenth, one thousand eighthundred and sixty-seven.
12:3-3. Filling in beyond bulkhead lines; erection of piers
It shall not be lawful to fill in with earth, stones or other solid material, in thetidewaters of the Hudson river, New York bay and Kill von Kull, beyond the bulkheadline or lines of solid filling by section 12:3-2 of this title adopted, fixed and established,laid down and exhibited on the aforesaid maps; and it shall not be lawful to erect ormaintain any pier or other structure exterior to the said bulkhead line or lines of solidfilling in any place or places where no exterior line for piers is reported or indicated bysaid maps, on the Hudson river, New York bay and Kill von Kull and when an exteriorline for piers is recommended and shown by said report and maps, no erection orstructure of any kind shall be erected, allowed or maintained beyond or exterior to the
aforesaid bulkhead line or lines of solid filling, except piers which shall not exceed onehundred feet in width respectively, and which shall in no case extend beyond the lineindicated for piers on said maps accompanying said report; and no piers shall beconstructed in said tidewaters, when such exterior pier lines are adopted, fixed andestablished, at less intervals between such piers than seventy-five feet, except atplaces occupied and used for ferries, or to be so occupied or used, when the spacesbetween the piers may be less; nor shall any such pier be constructed in any othermanner than on piles or on blocks and bridges; and if on blocks and bridges, suchblocks and bridges shall not occupy more than one-half of the length of the pier, andthey shall be so constructed as to permit a free flow or passage of water under andthrough them, without any other interruption or obstruction than the pile or blocksnecessary to support said piers.
12:3-4. Repeal of Wharf Act of 1851; reclaiming or building upon lands undertidewaters; consent of department; prior grants and licenses
The repeal of the act entitled "An act to authorize the owners of lands undertidewaters to build wharves in front of the same," approved March eighteenth, onethousand eight hundred and fifty-one (L.1851, p. 335), as to the tidewaters of this Statebelow the line of mean high tide, by section three of the act entitled "Supplement to anact entitled 'An act to ascertain the rights of the State and of riparian owners in thelands lying under the waters of the bay of New York and elsewhere in this State,'approved April eleventh, eighteen hundred and sixty-four," approved March thirty-first,one thousand eight hundred and sixty-nine (L.1869, c. 383, p. 1017), as amended bythe act approved March twentieth, one thousand eight hundred and ninety-one (L.1891,c. 124, p. 216), shall not be construed to restore any supposed rights, usage or localcommon law, founded upon the tacit consent of the State or otherwise to fill in any landunder water below mean high tide.
Without the grant or permission of the Department of Conservation and EconomicDevelopment no person or corporation shall fill in, build upon or make any erection onor reclaim any of the lands under the tidewaters of this State; and in case any personor corporation so offending shall be guilty of purpresture, which shall be abated at thecost and expense of such person or corporation, on application of theAttorney-General, under judgment of the Superior Court or by indictment in the countyin which the same may be, or opposite to or adjoining which said purpresture may be;provided, however, that neither this section nor any provision contained in sections12:3-2 to 12:3-9 of this Title, shall in anywise repeal or impair any grant of land underwater, or right to reclaim made directly by legislative act, or grant or license, power orauthority, so made or given, to purchase, fill up, occupy, possess and enjoy landscovered with water fronting and adjoining lands owned or authorized to be owned bythe corporation, or grantee or licensee in the legislative act mentioned, its, his or theirrepresentatives, grantees or assigns, or to repeal or impair any grant or license, poweror authority to erect or build docks, wharves and piers opposite and adjoining lands
owned, or authorized to be owned by the corporation, or grantee or licensee in thelegislative act mentioned, its, his or their representatives, grantees or assigns madeprior to July first, one thousand eight hundred and ninety-one, or given directly bylegislative acts, whether said acts are or are not repealable, and as to any revocablelicense given by the board of chosen freeholders of a county prior to July first, onethousand eight hundred and ninety-one, to build docks, wharves or piers, or to fill in orreclaim any lands under water in this State, the same shall be irrevocable so far as theland under water has been or shall be lawfully reclaimed or built upon under any suchlicense issued prior to July first, one thousand eight hundred and ninety-one, providedsuch reclamation or building under such license shall be completed prior to Januaryfirst, one thousand eight hundred and ninety-two; but as to the future such revocablelicense, if the said lands covered by the license have not been wholly or in part lawfullyreclaimed or built upon, is hereby revoked, and no occupation or reclamation of landunder water without such legislative act or revocable license shall divest the title of theState, or confer any rights upon the party who has reclaimed or who is in possession ofthe same.
12:3-5. Conveyances or leases to grantee or licensee under legislative act:amount of rental or purchase price; conversion of lease into conveyance; rightsof grantee or licensee
In case any person or corporation who by any legislative act, is a grantee orlicensee, or has such power or authority, or any of his, her or their representatives orassigns shall desire a paper capable of being acknowledged and recorded, made byand in the name of the State of New Jersey, conveying the land mentioned in theproviso to the third section of an act entitled "Supplement to an act entitled 'An act toascertain the rights of the State and of riparian owners in the lands lying under thewaters of the bay of New York and elsewhere in this State,' approved April eleventh,eighteen hundred and sixty-four," approved March thirty-first, one thousand eighthundred and sixty-nine (s 12:3-4 of this Title), whether under water now or not, and thebenefit of an express covenant, that the State will not make or give any grant or licensepower, or authority affecting lands under water in front of said lands, then and in eitherof such cases, such person or corporation, grantee or licensee, having such grant andlicense, power or authority, his, her or their representatives or assigns on producing aduly certified copy of such legislative act to the Planning and Development Council inthe Department of Conservation and Economic Development, and in case of arepresentative or assignee also satisfactory evidence of his, her or their being suchrepresentative or assignee, and requesting such grant and benefits as in this sectionmentioned, shall be entitled to said paper so capable of being acknowledged andrecorded, and granting the title and benefits aforesaid, on payment of the considerationhereinafter mentioned; and the Planning and Development Council, and Commissionerof Conservation and Economic Development with the Governor and Attorney-Generalfor the time being, to be shown by the Governor signing the grant, and theAttorney-General attesting it, shall and may execute and deliver and acknowledge in
the name and on behalf of the State, a lease in perpetuity to such grantee or licenseeor corporation having such grant, license, power or authority, and to the heirs andassigns of such grantee or licensee, or to the successors and assigns of suchcorporation, upon his, her or their securing to be paid to the State an annual rental ofsuch reasonable sum as the Planning and Development Council may fix with theapproval of the Commissioner of Conservation and Economic Development for eachand every lineal foot measuring on the bulkhead line, or a conveyance to such granteeor licensee or corporation having such grant, license, power or authority, and to theheirs and assigns of such grantee or licensee, or to the successors and assigns of suchcorporation in fee, upon his, her, or their paying to the State such reasonable sum asthe Planning and Development Council may fix with the approval of the Commissionerof Conservation and Economic Development for each and every lineal foot measuringon the bulkhead line, in front of the land included in said conveyance; provided, that nocorporation to whom any such grant, license, power or authority was given bylegislative act as aforesaid, in which provision was made for the payment of money tothe Treasurer of the State for each and every foot of the shore embraced and containedin the act; nor the assigns of such corporation shall be entitled to the benefits of thissection; and provided further, that the board shall in no case grant lands under waterbeyond the exterior lines hereby established, or that may be hereafter established, butthe said conveyance shall be construed to extend to any bulkhead or pier line furtherout on said river and bay that may hereafter be established by legislative authority; incase any person or corporation taking a lease under this section, shall desireafterwards a conveyance of all or any part of the land so leased, the same shall bemade upon payment of such reasonable sum for every such lineal foot, as the Planningand Development Council may fix, with the approval of the Commissioner ofConservation and Economic Development, the conveyance or lease of the board underthis section or sections 12:3-2 to 12:3-9 of this Title, shall not merely pass the title tothe land therein described, but the right of the grantee or licensee, individual orcorporation, his, her or their heirs and assigns, to exclude to the exterior bulkhead line,the tidewater by filling in or otherwise improving the same, and to appropriate the landto exclusive private uses, and so far as the upland from time to time made shall adjointhe navigable water, the said conveyance or lease shall vest in the grantee or licensee,individual or corporation, and their heirs and assigns, the rights to the perquisites ofwharfage, and other like profits, tolls and charges.
12:3-6. Payment of or security for purchase money or rentals for lands belowhigh-water mark
No grant hereafter made, extending beyond the line of high-water mark, shall be inforce or operation as to so much thereof as extends below said line of high-water mark,until the grantee or grantees shall have paid into the treasury of the state suchcompensation or rentals, or secured to the state such payment or rentals for the estatein the lands lying below the said line of mean high-water mark, contained in andconveyed by such grant or lease as provided in section 12:3-7 of this title.
12:3-7. Grant of riparian land not improved; notice to riparian owner
If any person or persons, corporation or corporations, or associations, shall desireto obtain a grant for lands under water which have not been improved, and are notauthorized to be improved, under any grant or license protected by the provisions ofsections 12:3-2 to 12:3-9 of this title, it shall be lawful for the board, together with thegovernor and attorney general of the state, upon application to them, to designate whatlands under water for which a grant is desired lie within the exterior lines, and to fixsuch price, reasonable compensation, or annual rentals for so much of said lands as liebelow high-water mark, as are to be included in the grant or lease for which suchapplication shall be made, and to certify the boundaries, and the price, compensationor annual rentals to be paid for the same, under their hands, which shall be filed in theoffice of the secretary of state; and upon the payment of such price or compensation orannual rentals, or securing the same to be paid to the treasurer of this state, by suchapplicant, it shall be lawful for such applicant to apply to the commissioners for aconveyance, assuring to the grantee, his or her heirs and assigns, if to an individual, orto its successors and assigns, if to a corporation, the land under water so described insaid certificate; and the board shall, in the name of the state, and under the great sealof the state, grant the said lands in manner last aforesaid, and said conveyance shallbe subscribed by the governor and attested by the attorney general and secretary ofstate, and shall be prepared under the direction of the attorney general, to whom thegrantee shall pay the expense of such preparation, and upon the delivery of suchconveyance, the grantee may reclaim, improve, and appropriate to his and their ownuse, the lands contained and described in the said certificate; subject, however, to theregulations and provisions of sections 12:3-2 and 12:3-3 of this title, and such landsshall thereupon vest in said applicant; provided, that no grant or license shall begranted to any other than a riparian proprietor, until six calendar months after theriparian proprietors shall have been personally notified in writing by the applicant forsuch grant or license, and shall have neglected to apply for the grant or license, andneglected to pay, or secured to be paid, the price that the board shall have fixed; thenotice in the case of a minor shall be given to the guardian, and in case of acorporation to any officer doing the duties incumbent upon president, secretary,treasurer or director, and in case of a nonresident, the notice may be by publication forfour weeks successively in a daily newspaper published in Hudson county, and in adaily newspaper published in New York city.
12:3-7.1. Inability to give required notice; notice by publication; effect
In the event an applicant for a grant or lease of riparian lands cannot comply withthe provisions of Revised Statutes 12:3-7 or Revised Statutes 12:3-23, requiring 6months notice to the riparian or shore owner of an application for a grant or leasebecause of the applicant's inability to determine the location of the present or former
mean high water line, such applicant shall file with the Department of Conservation andEconomic Development a notice of his intention to apply for a riparian grant or lease,describing therein the lands desired, together with an affidavit of an engineer orsurveyor licensed in this State, setting forth the reasons why the location of the meanhigh water line cannot be determined, and requesting permission of the Commissionerof the Department of Conservation and Economic Development to publish the notice ofintention to make an application in form prescribed by the commissioner once a monthfor 6 successive months, prior to the filing of the application, in a newspaper publishedand circulated in the county or counties wherein the lands are situate. Upon receipt ofsuch notice of intention the commissioner shall investigate the facts set forth thereinand may grant the requested permission for publication; and may also, as a conditionthereof, require such additional notice as he shall deem appropriate to inform adjacentproperty owners of the applicant's intention to seek a riparian grant or lease.
Upon the execution of the grant or lease after the notice as provided herein, allprivileges or claims of pre-emption of riparian owners to the lands therein describedshall forever cease and terminate.
12:3-8. Trespass on lands of state under water; proceedings by attorney general;expenses
The department may commence a civil action in the name of the State of NewJersey against persons and corporations trespassing upon or occupying the lands ofthe State under water, or which were heretofore under water, and the Attorney-Generalof the State is hereby required to commence and prosecute such actions as may beinstituted or directed by the department; and his expenses and disbursements, and theexpenses and disbursements of such assistants as may be appointed by the Governor,and their reasonable charges and counsel fees shall be taxed by the court and paid bythe State Treasurer, upon presentation of the bill so taxed.
12:3-9. Grant to person other than riparian owner; procedure
In any case where a grant of the lands of the State under water is made by thedepartment to any person other than the riparian owner the State's grantee shall not fillup or improve said lands under water until the rights and interest of the riparian ownerin said lands under water (if any he has) shall be extinguished, as follows: Thedepartment shall fix the amount to be paid to said riparian owner for his rights andinterest therein (if any he has), and said riparian owner shall have the right, withintwenty days after he has been notified of said amount, to accept said sum in fullextinguishment of all his rights, or if he is dissatisfied with said award he may apply tothe Superior Court for a struck jury to try the question in such place as may bedesignated by said court, and said jury may increase or diminish the amount to be paidthe said riparian owner, and their verdict shall be final as to said amount, and on the
payment or tender by the State's grantee to the riparian owner of the amount fixed bysaid jury all the rights and interests of said riparian owner in the lands of the Stateunder water in front of his land shall be extinguished; the costs of the trial shall be paidas follows: If the verdict of the jury is greater than the award of the board then theState shall pay the costs of the trial, if the verdict is the same as the award or less thanthe award of the department then the riparian owner shall pay the costs.
12:3-10. Lease or conveyance to riparian owner on application to board
Any riparian owner on tidewaters in this State who is desirous to obtain a lease,grant or conveyance from the State of New Jersey of any lands under water in front ofhis lands, may apply to the board, which may make such lease, grant or conveyancewith due regard to the interests of navigation, upon such compensation therefor, to bepaid to the State of New Jersey, as shall be determined by the board, which lease,conveyance or grant shall be executed as directed in sections 12:3-2 to 12:3-9 of thisTitle, and shall vest all the rights of the State in said lands in said lessee or grantee.
The board in its discretion, upon application in writing from any riparian owner, maycancel and annul any lease, grant or conveyance heretofore made to such riparianowner, and thereupon such lands, and rights therein, so leased, granted or conveyedshall revert to the State.
12:3-11. Waters excluded
Section 12:3-10 of this title shall not interfere with sections 12:3-2 to 12:3-9 of thistitle as to the waters of the Hudson river, New York bay or Kill von Kull, easterly ofEnyard's dock.
12:3-12. Covenants, clauses and conditions in grants or leases whether landunder water or not
The council with the concurrence of the Governor and Attorney General, in allcases of application for grants or leases of land now, or at the time of the application,or at the time of the lease or grant, under tidewater; and in all cases of application forgrants or leases of lands which are not now, or shall not at the time of the application,or at the time of the lease or grant be under tidewater, and in all cases of applicationsfor leases or grants for all or any of such lands may, notwithstanding the first proviso insection 12:3-5 of this Title, or any other clause or matter contained in sections 12:3-2 to12:3-9 of this Title, grant or lease, or lease first with a covenant to grant, and grantafterwards, for such principal sum that the interest thereof at 7% will produce the rental,such lands, or any part thereof lying between what was, at any time heretofore, theoriginal high-water line and the seaward territorial jurisdiction of the State, and grant or
lease in all cases in which, in their discretion, they shall think such grant or leaseshould be made, such rights, privileges and franchises as they are authorized to grantin cases coming directly within said section 12:3-5 of this Title, and enter into the samecovenants in the name of the State, in all cases of grants or leases where they deemsuch covenants proper, as are authorized in grants or leases under said section 12:3-5and insert such other covenants, clauses and conditions in said grants or leases asthey shall think proper to require from the grantee or lessee, or ought to be made bythe State; provided, that nothing herein contained shall authorize grants or leases infront of a riparian owner to any other than such riparian owner, except upon theproceedings and conditions provided in sections 12:3-2 to 12:3-9 of this Title; andprovided also, that the applications for grants or leases, and the certificates of saidcouncil, Governor and Attorney General, may in the cases hereby provided for, varyfrom the provisions of said sections 12:3-2 to 12:3-9 in such manner as to conform tothis section, and any party who has already asked for or accepted a lease orconveyance may apply for and have the benefits of this section, notwithstanding suchformer application or former acceptance of a lease or conveyance.
12:3-12.1. Tidelands management; policy availability; legislative findings anddeclarations
The Legislature finds and declares that the Tidelands Resource Council is thepublic body responsible for the stewardship of the State's riparian lands; that it is theresponsibility of the council to determine whether applications for the lease, license, orgrant of riparian lands are in the public interest; that it is the responsibility of thecouncil to determine, in assessing applications for the lease, license, or grant ofriparian lands, whether the State may have a future use for such lands; that the councilmust obtain the fair market value for the lease, license or grant of riparian lands inaccordance with court decisions and legal opinions of the Attorney General; and thatthe substantive policies adopted by the council and information about the roles of thecouncil and the tidelands management program within the Department ofEnvironmental Protection in requiring, reviewing, and processing applications for thelease, license, and grant of riparian lands should be made readily available to thegeneral public and should be provided to those who apply for permission to useriparian lands.
12:3-12.2. Tidelands Resource Council informational guide
The Tidelands Resource Council shall develop an informational guide entitled"Guide to the Tidelands," which shall be written in clear and plain language such that aperson possessing a high school degree or its equivalent can understand anyinformation provided in the guide. The council shall provide a copy of the guide to anyperson expressing an interest in applying for a lease, license or grant of any riparianland and to any other person who requests a copy of the guide. The guide shall
contain the following information:
a. A brief history of the designation of riparian lands in New Jersey as property ofthe State to be held in the public trust;
b. The purpose of the Tidelands Resource Council and the tidelands managementprogram within the Department of Environmental Protection, emphasizing the status ofmapped riparian lands as property of the State under the stewardship of the TidelandsResource Council;
c. A complete listing and explanation of application fees adopted by the councilpursuant to the "Administrative Procedure Act," P.L.1968, c. 410 (C.52:14B-1 et seq.);
d. An explanation of the process involved in submitting an application to thecouncil, and an explanation of the method by which the council establishes the fairmarket value of riparian lands, and the consequent price of a lease, license, or grant ofsuch lands;
e. An explanation of the process by which an applicant for a lease, license, or grantof riparian lands may appeal to the council for a reduction in the price of such lease,license, or grant as established by the council; and
f. Any information not specified in subsections a. through e. of this section that thecouncil determines will help applicants obtain a clear understanding of the council'srole as steward of State-owned riparian lands.
12:3-12.3. Tidelands Resource Council; adoption of rules and regulations
The Tidelands Resource Council shall, pursuant to the "Administrative ProcedureAct," P.L.1968, c. 410 (C.52:14B-1 et seq.), adopt rules and regulations setting forth allfees imposed by the council, but shall not be required to publish as a rule or regulationany formula or method used to determine the fair market value of a lease, license orgrant. All leases and licenses shall be conveyed for a minimum of seven years.
12:3-13. Change in pier lines or lines of solid filling; map and survey; basins
The council may change, fix and establish any other lines than those now fixedand established for pier lines, or lines for solid filling in the tidewaters of the State, ormake any changes in any basin now fixed and established, or lay out and fix andestablish any new basin or basins in the tidewaters of the State, and when so fixed andestablished, the council shall file a map and surveys in the office of the secretary ofstate, showing what lines have been fixed and established by it for the exterior lines forsolid filling and pier lines, as well as for any changes in basins or new basins fixed, laid
out and established by it under this section.
12:3-14. Encroachment prohibited
From and after the filing of said map and surveys in the office of the secretaryof state, no encroachment of any kind shall be permitted to be made beyond said linesso fixed and established for solid filling or pier lines, or in or upon any basin or basinsso laid out and established.
12:3-15. Lease or sale of basins; dedication as public basins
The board may make, for a satisfactory consideration, any lease or sale to theowners of the lands fronting on the said basin, of the right to have the exclusive use ofthe said basin or basins, for the purpose of wharfage and docking, and to charge areasonable sum for the use of the same on the line of bulkhead owned by themrespectively; and that from and after the filing of said map and survey, the same shallremain as a public basin or basins, and they are hereby dedicated for that purpose.
12:3-16. Fixing of purchase price or rentals for lands below highwater mark orformerly under tidewater; lease or conveyance
It shall be lawful for the board, together with the governor, to fix and determinewithin the limits prescribed by law, the price or purchase money or annual rental to bepaid by any applicant for so much of lands below high-water mark, or lands formerlyunder tidewater belonging to this state, as may be described in any application thereforduly made according to law, and the board, with the approval of the governor, shall, inthe name and under the great seal of the state, grant or lease said lands to suchapplicant accordingly, and all such conveyances or leases shall be prepared by theboard or its agents at the cost and expense of the grantee or lessee therein and shallbe subscribed by the governor and the board and attested by the secretary of state.
12:3-17. Repealed by L.1979, c. 311, s 4, eff. Jan. 17, 1980
12:3-18. Right of way separating riparian owner's lands from tidewater; effect onleases and grants
When lands have been or shall be taken or granted for a right of way and suchright of way has been or shall be so located on land of a riparian owner as to occupythe same along or on the shore line, thereby separating the upland of the riparianowner adjoining that used for the right of way from tidewater, such owner of the land so
subject to such right of way shall be held to be a riparian owner for the purpose ofreceiving any grant or lease heretofore or hereafter made of the lands of the stateunder water, or for the purpose of receiving any notice under sections 12:3-2 to 12:3-17of this title; provided, that nothing in this section shall affect the rights of the state tothe lands lying under water.
12:3-19. Establishment of bulkhead and pier lines around islands in tidewaters
The board, with the approval of the governor and after consultation with the boardof engineers acting under the authority of the secretary of war, shall, from time to time,fix and establish, around or in front of all islands, reefs and shoals situate in the tidalwaters of this state, exterior lines in said waters, beyond which no pier, wharf,bulkhead, erection or permanent obstruction of any kind shall be made or maintained,and also the interior lines for solid filling in said waters, beyond which no permanentobstruction shall be made or maintained other than wharves and piers and erectionsthereon for commercial uses; provided, however, that no exterior line around or in frontof any such island, reef or shoal shall be fixed and established in front of any ripariangrant which was made prior to February tenth, one thousand eight hundred andninety-one, unless such exterior line shall be fixed and established, after consultationwith said board of engineers, at such distance as will, in the judgment of the board ofcommerce and navigation, leave sufficient waterway in front of said grants fornavigation, and when the board shall have so fixed and established said lines afterconsultation as aforesaid, it shall file a survey and map thereof in the office of thesecretary of state, showing the lines for piers and solid filling so fixed and established.
12:3-20. Sale or lease of riparian lands around islands, reefs or shoals
The board, together with the governor, may sell or let to any applicant therefor anyof the lands under water and below mean high-water mark, embraced within the linesfixed and established pursuant to section 12:3-19 of this title, upon such terms as topurchase money or rental, and under such conditions and restrictions as to time andmanner of payment, the duration and renewal of any lease, the occupation and use ofthe land sold or leased, and such other conditions and restrictions as the interest of thestate may require, and as may be fixed and determined by the board together with thegovernor.
12:3-21. Removal of sand and other material without license; penalty; exception
No person or corporation shall dig, dredge or remove any deposits of sand or othermaterial from the lands of the State lying under tidal waters without a license so to dofirst obtained as provided in section 12:3-22 of this Title, and any person or corporationwho shall so unlawfully dig, dredge or remove any deposit of sand or other material as
aforesaid shall forfeit and pay for each and every such offense the sum of one hundreddollars ($100.00), to be prosecuted for and recovered by a civil action by any person orpersons in any court of competent jurisdiction with costs of suit, the one-half theamount so recovered to be for the use of the State, and the other half to the use of theperson or persons who shall sue for and prosecute the same to effect; provided,however, that nothing in this section contained shall prevent the owner of any grant orlease from the State, or the assignee or lessee thereof, from digging, dredging,removing, and taking sand and other material within the lines of, or in front of, suchgrant or lease, for the purpose of improving lands granted or leased to them, or theirgrantors or lessors, by the State, nor prevent such owner, assignee or lessee fromdigging or dredging a channel or channels to the main channels, and removing andtaking the material therefrom.
12:3-22. License to remove sand or other materials from lands under tidewaters
The board, with the approval of the governor, may, under such terms andrestrictions as to duration, compensation to be paid and such other conditions andrestrictions as the interests of the state may require, license by an instrument in writing,executed in the same manner as grants of land under water are required to beexecuted, any person or corporation to dig, dredge or remove any deposits of sand orother material from lands of the state under tidewaters.
12:3-23. Lease or grant to persons other than riparian owners; notice to riparianowners
The board, with the approval of the governor, may lease or grant the lands of thestate below mean high-water mark and immediately adjoining the shore, to anyapplicant or applicants therefor other than the riparian or shore-owner or owners,provided the riparian or shore-owner or owners shall have received six months'previous notice of the intention to take said lease or grant such notice given by theapplicant or applicants therefor, and the riparian or shore-owner or owners shall havefailed or neglected within said period of six months to apply for and complete suchlease or grant; the notice herein required shall be in writing and shall describe thelands for which such lease or grant is desired, and it shall be served upon the riparianor shore-owner or owners personally; and in the case of a minor it shall be servedupon the guardian; in case of a corporation upon any officer performing the duties ofpresident, secretary, treasurer or director, and in the case of a nonresident owner thenotice may be by publication for four weeks successively at least once a week in anewspaper or newspapers published in the county or counties wherein the lands aresituate, and in case of such publication, a copy of such notice shall be mailed to suchnonresident owner (or in case such nonresident owner be a corporation, then to thepresident of such corporation, directed to him at his post-office address, if the samecan be ascertained, with the postage prepaid); but nothing contained in sections
12:3-21 to 12:3-25 of this title shall be construed as repealing, altering, abridging, or inany manner limiting the provisions and power conferred upon the ripariancommissioners and governor by sections 12:3-19 and 12:3-20 of this title.
12:3-24. Sale or lease of lands below high-water mark; lease convertible intogrant not required
The board, together with the governor, shall not be required to give leases forlands of the state under water, convertible into grants upon payment of the principalsum mentioned therein, but may sell or let any of the lands of the state below meanhigh-water mark upon such terms as to purchase money or rental, and under suchconditions and restrictions as to time and manner of payment, the duration and renewalof any lease, the occupation and use of the lands sold or leased, and such otherconditions and restrictions as the interest of the state may require, as may be fixed anddetermined by the board, together with the governor.
12:3-25. Renewals of leases; provision for determining annual rentals
The department, together with the Governor, may, in any lease of lands of the Statebelow mean high-water mark, provide for a renewal or renewals of the lease for asubsequent term or terms to be expressed in the lease, and therein provide that theannual rentals to be paid for each renewal shall, in case the amount cannot be agreedupon, be fixed and determined before the commencement of the renewal term by threearbitrators, one to be appointed by the State, one by the then lessee, and the third bytheir joint agreement, or should they fail to agree, then by the Superior Court.
12:3-26. License required to lay pipes under state lands under tidewaters
The council, with the approval of the Governor, may license any person orcorporation to lay any pipe or pipes on or under the lands of the State under tidewatersunder such terms and restrictions as to duration, compensation to be paid, and suchother conditions and restrictions as the interests of the State may require. Such licenseshall be granted by a written instrument and executed in the same manner as grants ofland under tidewaters are required to be executed.
12:3-27. Enlarging or reducing tidewater basins; reclamation; leases and grants;limitations
Whenever the state has, prior to March fourth, one thousand nine hundred andeighteen, dedicated any lands under water to public use as a tidewater basin, it shallbe lawful for the board, on the application of the owners of all of the lands abutting
thereon, to either enlarge or reduce the area of said basin or change the boundariesthereof, and said owners of lands adjoining and abutting upon said tidewater basin arehereby authorized to fill up and reclaim the same to such extent as the board in writingmay confirm, and the board is hereby authorized and empowered upon the payment ofan adequate consideration therefor, to grant or lease in the manner provided by law tothe owners of lands adjoining and abutting upon said tidewater basin, the state's rightsin any portion of said basin so filled up and reclaimed; provided, however, that noreclamation by any person of said lands and no grant or lease thereof by the boardshall be valid unless all of the owners of lands fronting and abutting on said basin shallconsent in writing thereto.
Nothing in this section shall authorize the entire closing of any such basin or itsreduction in width to less than two hundred feet; nor shall this section apply to anylands of the Morris Canal and Banking Company, or operate to relieve said companyfrom any obligation imposed upon it by law.
12:3-28. Construction or alteration of bridges over tidal waters; approval ofboard; repeal by subsequent act
Whenever a state board or agency has been or may hereafter be authorized ordirected by any law of this state to build a bridge or other structure, or to alter orchange any existing bridge or other structure on or over any lands of this state flowedby the tidal waters thereof, such board or agency, before proceeding with the work,shall first submit to and obtain the approval of such plans or work by and from theboard of commerce and navigation.
This section shall not be taken to be or have been repealed by any act passedsubsequent to April first, one thousand nine hundred and twenty-seven, authorizing thebuilding of bridges or structures, or the alteration or changing of existing bridges orother structures by any state board or agency as aforesaid unless such subsequent actauthorizing the same contains an express repealer of this section.
Reference Section 6 Notes and Definitions
NEW JERESY WATER BOUNDARIES Geographical Mile is the length of 1 minute of arc on the equator or 6087.09 feet on the Clarke Spheroid of 1866. International Nautical Mile = 6076.11549 U.S. feet. Marine League is three geographical miles. (Pg. 142) The coastline for the purpose of measuring out to the seaward boundary is...the line of ordinary low water along that portion of the coast which is in direct contact with the open sea and the line marking the seaward limit of inland water. (Pg. 142) Attorney General, 1953 *Waters and Water Courses* The acquisition of a mere easement over lands of a riparian owner does not deprive him of any rights in his property except as necessary to the full and free enjoyment of the easement. The State of New Jersey is the owner of the soil under tidal streams to the high water mark, but in non-tidal waters the riparian owners hold to the middle of the stream. (1956) In absence of a prescriptive right, dedication to general use, or license from the owners of the bed of a lake insofar as it is not owned by the State, the public may be authorized to fish and boat solely over that portion of the lake, the bed of which is owned by the State. (1959) Attorney General v Delaware & B. B. R. Co., 27 NJEq 631 (1876) By the common law, even such rivers as the Mississippi, the Missouri, the Ohio, the Hudson, and the Connecticut and other great rivers, above the point where the tide ebbs and flows, would not be navigable rivers, though they are navigable in fact; and therefore, where such a river formed the boundary of land the grantee became a riparian owner, and his grant extended to the center of the river. (Kanouse v Stockbower, 48 NJEq 42, 21 A 197.) On a fresh water stream or river a grant of lands extends ad filum aquae. The owner of land bounded on a river in which there is no tidal effect takes title to the bed of the river to the middle thread thereof. The soil of the Delaware River above tide water is in the riparian owner, subject to the public easement of navigation. The bed of the Delaware River above tide water, from the easterly bank ad filum medium aquae passed by the grant from Charles II, to the Duke of York, dated March 12th, 1664, and is private property. Attorney General v Stevens, 1 NJEq 369, 22 AmDec 526 (1831) *Navigable Waters* The right to the use of a navigable stream is a right common to all the people of this state. Before the revolution, this right was in the crown; the people are now the sovereign power, and this right is vested in them. It is their property, and, as such, may be disposed of for the common benefit, in such way as they may see fit. This disposition can only be made by the legislature of the state, which is the rightful representative of the people; and where such disposition is made "consistently with the principles of the law of nature, and the constitution of well-ordered society," it must be considered valid.
Attorney General v Steward, 20 NJEq 415 (1869) *Waters and Water Courses* No one has the right to pollute or corrupt the waters of a creek, or, if they are already partially polluted, to render them more so; all whose lands border on a stream have the right to have its waters come to them pure and unpolluted.
New Jersey Riparian Boundaries Public Trust Doctrine (PTD)
State is the trustee, for the general public, for all tidelands. Lands owned by the sovereign for use in common by all. Places limitations on state’s right to utilize and alienate tidal flowed lands. Title to submerged lands is title held in trust for the people of the state to enjoy navigation of the waters, carry out commerce, and liberty of fishing free from obstructions or interference of private parties. PTD may include non-traditional uses, such as: bathing, surfing, shore related recreational activities. Municipally owned sand areas, adjacent to tidal waters, must be open to all on equal terms, without preference. (Borough of Neptune City v. Borough of Avon-by-the-Sea, 61 N.J. 296) State may convey or grant rights to further navigation, commerce or other public doctrine. Earlier conveyances may have violated PTD (Van Ness v. Borough of Deal, 78 N.J. 174) Grants which result in environmental damage are contrary to the PTD. Setting lands aside for only recreational or preservation may violate the terms of the PTD.
Ecological Considerations
Coastal area – 15% of the land mass and 33% of the population. (1970’s) Population has increased 78% from 1930-1960. Only 16% of the recreational shoreline is in the public domain/ownership. 90% of the US fishery yield comes from coastal waters.
Estuarine Areas – Ecologically rich environment, nursery area for many aquatic species.
New Jersey – Bureau of Tidelands
All monies collected must go into a school fund for the support of public schools. (1817, 1871,1874,1947) State must receive “fair market” value, includes conveyances to local government. Fair Market Value – price that would voluntarily be agreed upon in fair negotiations between willing seller and buyer. (a.k.a. fair amount of compensation)
Riparian conveyances – earlier conveyances were thought to enhance economy and commercial development. (Waterfront development, agriculture, flood control, and access to deep water for navigation) Early history allowed “local custom” of filling areas beyond the “mean high water” for the exclusive use of the upland owner, contrary to the PTD. This activity may have had the support of the state legislature. (Tacit support)
Wharf Act of 1851
Codified this “local custom” of filling lands beyond the “ordinary” low water mark. Filling could not interfere with public navigation. Allowed private parties to build docks, wharves for exclusive use of upland owners. Licenses, Wharf Act, to build beyond the MHW line were provided by the county freeholders board/office. Construction of the wharves or docks required a license, must have been commenced within 5-years of receipt of license, are not assignable except as an appurtenance to the upland, and the land “licensed” could be re-appropriated for public use anytime within 5-year period, prior to commencement of construction.
Pier and Bulkhead Lines 1864
Legislature assigns commissioners to survey lands under waters of New York Bay, Hudson River, Kill Van Kull, Newark Bay, Arthur’s Kill, Raritan Bay and Delaware River for the purpose of establishing and fixing the limits of solid fill. 1865 – report is filed 1869 – General Riparian Act approves the Pier & Bulkhead limits in tidewaters of Hudson River, Kill Van Kull and New York Bay Establishes Riparian Commissioners Repeals Wharf Act of 1851 Allows grants under Wharf Act to continue Sets up method of disposing state owned lands under water by sale or lease. 1891 – Wharf Act is repealed, no filling below MHW without a grant or permission of Riparian Commissioners.
Alienation of State owned lands under water by legislation:
- Common law priviledge - Wharf Act of 1851, repealed 1891 - Legislative licenses - Grant or lease under Special Acts - Coveyance of the fee or a leasehold interest provided by General Riparian Act of
1859 Timeline
1869 Riparian Commissioners 1915 Department of Commerce & Navigation 1945 Department of Conservation (Nav. Council) 1948 Department of Cons. & Economic Dev. 1961 Resource Development Council 1970 NJDEP – Tidelands Agency
Riparian Statutes – Titles 12 & 13 (Chapter 3 – Title 12)
- Any landowner can apply for a lease, grant or conveyance of lands under water - Filled lands require a grant to clear title - Council must consider navigation and compensation - Upland owner has the “right of first refusal”, or six months to act, or the land can
be granted, leased or conveyed to another. - Upland owner is not required for state or municipality to use as a public park, street
or highway. - Excavation of lands under water requires a permit from Natural Resource Council.
Natural Resource Council (NRC)
- Review applications for riparian grants, leases - Conveyances require approval of the Commission of Environmental Protection and
Governor’s office. - Determine which lands within meadowlands are state owned (1969) through the use
of title studies and surveys. - Have power to grant and/or lease areas of the Meadowlands.
(Transcontinental Gas Pipeline Corp. v. Dept. of Conservation 43 N.J. 135) Determination of State owned lands, tidelands, to include:
- MHW line as established by U.S.C.&G.S. - Nature of vegetation - Artificial changes to land and/or water elevation - Historical and scientific data relevant to N/F tidal flowed lands. - NRC to publish mapping indicating those lands that are state owned. - 1970 published a two part map known as the “gray and white” map produced from
a 1890 topographic map - “Gray and white” map was challenged in court and found to be out of conformance
with standards for mapping. - Highly accurate maps were then produced from ortho-photos, infrared photos,
historical maps and surveys. Vegetative species were investigated to determine MHW
- Maps were again challenged in court and approved by an appellate court on May 24, 1979
Appraisals
- Fair Market Value is determined at time of conveyance - Full appraisal reports are required for industrial, commercial and large scale
residential developments - Small lot improvements, single family development, may not require anything more
than a comparison or analysis of market sales statistics or tax assessor’s records. - Appraisals may be based upon utility or enhanced value.
Procedures
- Bureau of Tidelands is divided into three units: Grants, Permit and Enforcement. - Serve as staff to NRC, perform initial review and approve applications for riparian
grants, leases, permits and licenses. - NRC (Tidelands Resource Council) – Division of Coastal Resources - Review and approve applications for riparian grants, leases, and commercial
dredging licenses - Special duties with respect to Meadowlands title studies and development.
DEEDS Common Law - New Jersey The starting call of description is considered an important call, perhaps more important than any other, but it does not always control when there is a conflict. (Hofer v. Carino, 4 N.J. 244) If, in the description in a deed, the starting point is the corner or side of a highway, and there is known, actual corner or side existing at the time of the deed, such corner, and not a corner to be ascertained by a survey of the road, is the corner intended by the deed. (Smith v. State, 23 N.J.L. 712) Although it is a fundamental rule that the actual beginning corner must control in locating original surveys, yet when a survey is made upon paper, and not upon the ground, the intentions of the parties making the survey should control, which intention is to be ascertained by all the facts and circumstances connected with the case. (Ocean Beach Ass’n v. Yard, 48 N.J.Eq. 72) If a deed calls for only one monument, and that is the corner of two streets as its beginning point, and these streets are laid out, but not opened and fenced off, then the beginning point called for is the mathematical point designated in the surveys. (Jackson v. Perrine, 35 N.J.L. 137) Where a certain point has been for many years treated as the true corner made by the intersection of two streets, and such point has been the corner called for in previous conveyances, a deed by the owner of the adjoining lot, which calls for the corner of the two streets generally as the beginning point, will begin at the corner actually located, and not at another point, which may, on a new survey, be found to be the correct one according to the original survey. (Smith v. State, 23 N.J.L. 712) Where a deed calls for the corner of two streets as its beginning point, and the streets have been opened and the corner built upon and thus ascertained, the call will be referred to the actual corner, and not to the mathematical point designated in the surveys. (Haring v. Van Houten, 22 N.J.L. 61) In cases of variance between distance and monument, monument controls. Model Plan Agency v. Dimond, 100 N.J.Eq. 244) Where land from which lots were sold was monumented, and was also laid out by map, a sale by special description by monument controlled a sale by general description by numbers of lots on the maps. (Stanwood v. Beck, 52 A. 353) Where a particular description by metes and bounds is certain, and clearly includes the land intended to be conveyed, it will prevail over subsequent general and variant descriptions. (Conover v. Wardell, 22 N.J.Eq. 492) In questions of boundary course and distance govern, unless there be some more certain description by which one or both may be controlled. (Opdyke v. Stephens, 28 N.J.L. 83) Recitals of quantity, following a particular description, are merely descriptive, and do not determine the quantity sold. Weart v. Rose, 16 N.J.Eq. 290) Mere statement of quantity of farm land in deed will not control over substantially accurate description where land is clearly marked by fixed monuments, in absence of express covenant of quantity. (Smith v. Hartung, 110 N.J.L. 543) All parts of a description in a conveyance should be made to stand and harmonize, if possible. If all parts cannot be made to harmonize, the general
description must give way to the particular one. (Wharton v. Brick, 49 N.J.L. 289) If a line is described in a deed as running a certain course along the line of an adjoining proprietor, and the course given and the line called for differ, the line called for, being a fixed monument, must govern. (Passage v. McVeigh, 23 N.J.L. 729) Where a deed calls for the line of a street as the monument, the line of the street, as it is opened and built upon, will be held to be the line intended. (DeVeney v. Gallagher, 20 N.J.Eq. 33)
NEW JERSEY TIDELAND AND RIPARIAN LANDS
1. What are tidelands?
Tidelands, also known as riparian lands, are all those lands now or formerly flowed by the mean high tide of a natural waterway. Generally, the State does not own artificial waterways, such as lagoons. However, the State does claim those lands within a lagoon that were flowed by the mean high tide of a natural waterway which existed prior to the alteration.
2. Who owns the tidelands?
The State of New Jersey owns all tidelands, unless it has already sold its ownership.
3. What are riparian rights?
Riparian rights are the rights of owners adjacent to tidelands to be the first person to request to use those areas. These lands are owned by the people of the State of New Jersey. You must first get permission from the State to use these lands, in the form of a tidelands license, lease or grant, and you must pay for this use.
4. What is a tidelands grant?
A tidelands grant is a deed from the State of New Jersey selling its tidelands. Tidelands grants are generally only issued for lands already filled in and no longer flowed by the tide.
5. What is a tidelands license?
A tidelands license is a short term revocable rental document to use tidelands, generally for structures such as docks, mooring piles and other temporary structures, as well as dredging projects. Licenses have a specific term, usually three or five years.
6. What is a tidelands lease?
A tidelands lease is a long term rental document to use tidelands, generally issued to marinas or homes over water. The term of a tidelands lease is generally 20 years.
7. What is a Statement of No Interest?
A recordable document in which the State of New Jersey agrees that it has no tidelands ownership interest in your property. The reason may be that the State sold its tidelands, or that there is no ownership claim on your property.
8. What do I need to obtain a grant, lease, license or Statement of No Interest?
The Bureau will send you an application package which includes all of the forms required. Our address and phone number are on the front of this pamphlet
HIERARCHY OF EVIDENCE (New Jersey Case Law: Boundaries may be proved by every kind of evidence admissible to establish any other fact. Joffe v. Gliksman, NJ Eq. 369) Judge Sanderson of California...”the only rule of much value-one which is frequently shadowed forth, but seldom, if ever, expressly stated in books-is to place ourselves as nearly as possible in the seats which were occupied by the parties at the time the instrument was executed; then, taking it by the four corners, read it.” Skelton, Boundaries and Adjacent Properties, p. 68. 1. RIGHT OF POSSESSION (Unwritten Conveyance) (New Jersey Case Law: The design of statutes dealing with actions to quiet title is to put within power of a person, who is in peaceable possession of realty as an owner, a means to compel any other person, who asserts a hostile right or claim, or who is reputed to hold such a hostile right or claim, to come forward and either disclaim or show his right or claim, and submit it to judicial determination. (N.J.S.A. 2A:62-1, 20) City of Paterson v Schneider, 31 NJSuper 598, 107 A2d 553) (New Jersey Case Law: Title by adverse possession if proven is marketable. Conklin v Davi, 76 NJ 468, 388 A2d 598) Possession Unwritten rights or possession that ripens into a fee right extinguishes prior title rights. Boundary Control and Legal Principles 2. SENIOR RIGHTS Sequential Conveyance – Junior & Senior rights exists between adjoining lands. Senior Deed – description of a new parcel of land, which must receive all of the land, conveyed.
Junior Deed – description of the remainder. Between private parties, junior grant yields to senior grant.
Simultaneous Conveyances Creation of two or more parcels at the same instant in time. All parcels have equal standing at law. Subdivision Wills Sections in a Township Mortgage foreclosure Senior Title Right/Interest - An interest or right that takes effect or has preference over that of others
Junior Title Right/Interest - A legal right which is subordinate to another’s right as applied to property Simultaneous Conveyance - A conveyance of two or more parcels of land at the same instant in time Sequential Conveyance - A conveyance of property one after another Remainderman - One who is entitled to the remainder of the estate after a particular estate is carved out of it has expired Remainder - The remnant of an estate in land Boundary Control and Legal Principles 3. WRITTEN INTENTION OF PARTIES The cardinal rule for the interpretation of deeds and other written instruments is the expressed intention of the parties, gathered from all parts of the instrument, giving each word its due force, and read in the light of existing conditions and circumstances. It is the intention effectually expressed, not merely surmised. This rule controls all others. Skelton, Boundaries and Adjacent Properties, p. 68. 4. MONUMENTS Natural Monuments Water bodies (Streams, Rivers, Creeks, Brooks, MHW, etc.)
(New Jersey Case Law: A deed to a stream as a boundary and thence along the stream carries to the thread in the absence of the parties' intent to the contrary. But a "deed to and along the high watermark" did not convey the streambed.
A deed describing the land conveyed as beginning at a river, and running thence to the river, and thence down the stream, conveys to the center of the river. A conveyance of land on a fresh-water river, which contains a call "to the river," makes the river the boundary, and conveys the land to the center of the stream. City of Paterson v East Jersey Water Co., 74 NJEq 49, 77 NJEq 588) (ALTA-ACSM Standards 1999: Water boundaries necessarily are subject to change due to erosion or accretion by tidal action or the flow of rivers and streams. A realignment of water bodies may also occur due to many reasons such as deliberate cutting and filling of bordering
lands or by avulsion. Recorded surveys of natural water boundaries are not relied upon by title insurers for location of title. When a property to be surveyed for title insurance purposes contains a natural water boundary, the surveyor shall measure the location of the boundary according to appropriate surveying methods and note on the plat or map the date of the measurement and the caveat that the boundary is subject to change due to natural causes and that it may or may not represent the actual location of the limit of title. When the surveyor is aware of changes in such boundaries, the extent of those changes shall be identified.) Riparian Rights - derived from the Latin ripa, a riverbank, applies to lands bordering on rivers or streams. Littoral Rights - derived from the Latin litus, the seashore, applies to lands bordering on the oceanfront. Cole, George M., Water Boundaries, p. 83 Where the geometric center of the stream is considerably removed from the thalweg, or deepest part (channel) of the stream, there may be justification for using the thalweg as the center. Location of the thalweg requires the use of hydrographic soundings. NNoott iinn NNeeww JJeerrsseeyy.. SSeeee bbeellooww. Cole, George M., Water Boundaries, p. 86. (The buildup of land along a water body due to the) withdrawal of water is termed reliction. Cole, George M., Water Boundaries, p. 90. (The buildup of land along a water body) caused by material being deposited along the shoreline by the water is termed accretion. Cole, George M., Water Boundaries, p. 90. The general rule is that the upland owner gains title to new upland created by reliction and accretion and loses title to land submerged by rises in water level or lost by erosion. However, when such changes are not gradual or imperceptible, or when such changes are artificially induced, the general rule may not apply. When such changes occur suddenly, such as during storms, this is called avulsion and it is generally held that title does not change with such shoreline changes. Likewise, it is usually held that shoreline changes resulting from man-made actions, such as those associated with dredging or groins, do not change title if the upland owner or a predecessor in title caused the changes. Cole, George M., Water Boundaries, p. 90. ...Maryland, New Jersey and New York, state ownership extends to all waters subject to tidal ebb and flow... Cole, George M., Water Boundaries, p. 114. Yet so long as by unbroken water course - when the level of the waters is at mean high water mark - one may hoist a sail upon a toothpick and without interruption navigate from the navigable channel/area to land, always afloat, the waters traversed and the lands beneath them are within the inland boundaries we consider the United States set for the properties granted the state in trust. Cole, George M., Water Boundaries, p. 116.
...the Submerged Lands Act 1953...This act relinquished federal interest in the marginal sea within each state’s boundaries. Therefore, each coastal state now holds title to a band of submerged land bordering its coastline. Cole, George M., Water Boundaries, p. 138. Attorney General, 1953 *Waters and Water Courses* The State of New Jersey is the owner of the soil under tidal streams to the high water mark, but in non-tidal waters the riparian owners hold to the middle of the stream. (1956) Attorney General v Delaware & B. B. R. Co., 27 NJEq 631 (1876) By the common law, even such rivers as the Mississippi, the Missouri, the Ohio, the Hudson, and the Connecticut and other great rivers, above the point where the tide ebbs and flows, would not be navigable rivers, though they are navigable in fact; and therefore, where such a river formed the boundary of land the grantee became a riparian owner, and his grant extended to the center of the river. (Kanouse v Stockbower, 48 NJEq 42, 21 A 197.) On a fresh water stream or river a grant of lands extends ad filum aquae. The owner of land bounded on a river in which there is no tidal effect takes title to the bed of the river to the middle thread thereof. The soil of the Delaware River above tide water is in the riparian owner, subject to the public easement of navigation. The bed of the Delaware River above tide water, from the easterly bank ad filum medium aquae passed by the grant from Charles II, to the Duke of York, dated March 12th, 1664, and is private property. Streets, Roads, Avenues, Highways, Alleys
(New Jersey Case Law: When a street is referred to in a deed as a boundary, the street as opened and actually used, rather than its record layout, is the boundary intended. O’Brien v. King, 49 NJL 79)
(New Jersey Case Law: If a street has been used and built up along a particular line, and the adjoining owners have acquiesced in the line so built upon, and treated it as the true line of the street for 40 or 50 years, they cannot be permitted to change or correct the course of the street by showing that the surveys laying it out give it a different direction. Smith v. State, 23 NJL 130) (New Jersey Case Law: Where conveyance described premises as beginning at a point in side of street and as running thence along such side, the street to its center passed to grantee, in absence of expressed reservation or exception from conveyance of property from building line to middle of street. 823 Broad St. v. Marcus, 17 NJ Misc. 25) (New Jersey Case Law: Under ordinary conditions, nothing short of express words of exclusion will prevent the street in front of the premises conveyed from passing: and a description of the
lands conveyed as beginning at a designated point on the side of a certain street, and running thence along that side, will pass the title to the lands in the street to its center. Dodge v Pennsylvania R. Co., 43 NJEq 351, 11 A 751, affd. 45 NJEq 366, 19 A 622 ) (New Jersey Case Law: Mere vacation of public street by municipal body is only surrender of public easement and does not involve infringement of private right. Downs v Mayor and Common Council of City of South Amboy, 116 NJL 511) (New Jersey Case Law: Where a certain point has been for many years treated as the true corner made by the intersection of two streets, and such point has been the corner called for in previous conveyances, a deed by the owner of the adjoining lot, which calls for the corner of the two streets generally as the beginning point, will begin at the corner actually located, and not at another point, which may, on a new survey, be found to be the correct one according to the original survey. Smith v. State, 23 N.J.L. 712) (New Jersey Case Law: If a deed calls for only one monument, and that is the corner of two streets as its beginning point, and these streets are laid out, but not opened and fenced off, then the beginning point called for is the mathematical point designated in the surveys. Jackson v. Perrine, 35 N.J.L. 137) 5. Calls for Adjoining Lands (New Jersey Case Law: If a line is described in a deed as running a certain course along the line of an adjoining proprietor, and the course given and the line called for differ, the line called for, being a fixed monument, must govern. Passage v. McVeigh, 23 N.J.L. 729) 6. Artificial Monuments Experience has shown that monuments necessitating no special training for their understanding by the layman, and being least liable to variation, are of the greatest significance. ...monuments project a picture of the description on the ground and being, as it were, an actual plat laid down on the land, are not liable to errors of transcription. Therefore they are to be given the greatest weight, and those monuments, which are locative, are of greater value than those which are merely descriptive. Skelton, Boundaries and Adjacent Properties, p. 72. This reasoning leads to the rule that in weighting the calls of a deed for the purpose of ascertaining the intention, certainty and definiteness give natural monuments precedence over all other calls; that artificial monuments rank second, adjoiners third, course and distance fourth, and quantity last. Skelton, Boundaries and Adjacent Properties, p. 73. Ordinarily, surveys are so loosely made, and so liable to be inaccurate, especially when made in rough or uneven land or forests, that courses and distances given in the instrument are regarded as more or less uncertain, and always give place, in questions of doubt or discrepancy, to known monuments and boundaries referred to as identifying the land. Skelton, Boundaries and Adjacent Properties, p. 74.
...the stakes of a survey not referred to either on the plat or in the deeds are not monuments capable of controlling course and distance. The monuments called for in the plat must govern in preference to objects on the ground not called for in the deeds. Skelton, Boundaries and Adjacent Properties, p. 82. Permanent objects such as streams or rivers or the shore of a lake, highways or other lands and buildings, or stakes when referred to in the description of property conveyed are known as monuments, which are in general tangible landmarks established to indicated a boundary. Skelton, Boundaries and Adjacent Properties, p. 88. Objects, to be ranked as monuments must have certain physical properties such as visibility, permanence and stability, and definite location independent of measurements; and if the ravages of time destroy these essential elements, the object may lose its dignity as a monument for that which has become displaced and unstable can no longer be employed to define boundary lines. Skelton, Boundaries and Adjacent Properties, p. 88. When monuments mentioned in a deed are identified they control both courses and distances given, whether they were seen by parties to the deed or not, for the monuments erected upon the land are facts; the field notes and plat returned by the surveyor, indicating course and distance and quantity, are but descriptions, which serve to assist in ascertaining these facts. Skelton, Boundaries and Adjacent Properties, p. 90.
7. COURSE & DISTANCE (New Jersey Case Law: The construction of deeds and other writings in evidence in a cause rests with the court as a duty as well as a right, and in constructing a grant of lands, if there is nothing in the description to control the call for courses and distances, the land must be bounded by the courses and distances called for. If a grant by sufficient description clearly ascertains the location of the premises conveyed, it is for the court to see that the grant is applied to the subject matter in accordance with the expressed intention of the parties. Curtis v Aaronson, 49 NJL 68, 7 A 886, 60 AmRep 584) “for the office of a description is not to identify but to furnish a means of identification, and any description is sufficient by which the identity of the premises can be established.” Skelton, Boundaries and Adjacent Properties, p. 3. (New Jersey Case Law: Ordinarily description of deeds may be general and need not be by boundaries, corners, distances, or monuments if only, with aid of parol evidence, location of land is possible. A deed will not be declared void for uncertainty unless, in light of all proof in case and after most diligent search, intention of parties cannot be ascertained to cure uncertainty. Chidester v City of Newark, 58 F.Supp. 787)
“Where a deed is ambiguous it will be construed most strongly against the grantor.” Skelton, Boundaries and Adjacent Properties, p. 5. 8. P.O.B. (New Jersey Case Law: The starting call of description is considered an important call, perhaps more important than any other, but it does not always control when there is a conflict. Hofer v. Carino, 4 N.J. 244) 9. COURSE OR DISTANCE (New Jersey Case Law: The description by words prevails over the description by reference to a plat or map. Dubois v Fagan, 32 NJEq 183) “Length is a more significant quantity to the average man than direction, and hence is less commonly omitted.” Skelton, Boundaries and Adjacent Properties, p. 53. (New Jersey Case Law: The method of surveying by reverse courses to ascertain lost corners, or to correct the lines of a survey, is one in use and often indispensable in removing errors in description, and has received approval in the courts. Fuller v. Carr, 33 N. J. Law, 157) 10. AREA 11. HARMONIZE DEED ELEMENTS (New Jersey Case Law: Generally, all parts of description in developer's map of tract should be made to stand and harmonize if possible. Where it is impossible to harmonize all parts of developer's description in map of tract, problem should be resolved in manner doing minimum of violence to persons owning property within tract, following original intent of developer to extent consonant with physical realities of factual situation. Battaglia v Mazzu, 92 NJSuper 385, 223 A2d 518) (New Jersey Case Law: All parts of a description in a conveyance should be made to stand and harmonize, if possible. If all parts cannot be made to harmonize, the general description must give way to the particular one. Wharton v. Brick, 49 N.J.L. 289) 12. EXTRINSIC EVIDENCE (Evidence outside of the conveyance documents)
(New Jersey Case Law: “Patent ambiguity" occurs when expression is so defective that court cannot ascertain parties' intention. "Latent ambiguity" not appearing on face of instrument is subject for consideration of jury.
Disputed location of grant involved latent ambiguity making issue for jury. Franklin K. Pearce Co. v Beverly Beach, 107 NJL 73)
(New Jersey Case Law: But, (to quote from the language of Chief Justice GREEN in Opdyke v. Stephens,) "where there is a latent ambiguity in the description contained in the deed, all the cases agree that evidence aliunde is admissible. It is admissible in all cases where there is a doubt as to the true location of the survey, or a question as to the application of the grant to its proper subject-matter. It must be constantly borne in mind that it is not a question of construction, but of location. A question of construction is a pure question of law, to be decided by the court upon the terms of the instrument itself, to the exclusion of evidence aliunde, where no latent ambiguity exists. A question of location, or the application of the grant to its proper subject-matter, is a question of fact, to be determined by the jury by the aid of extrinsic evidence. Opdyke v. Stephens, 28 N. J. Law, 90) (New Jersey Case Law: Manifest error in description in deed in omission of fourth call does not necessarily render description void because remaining line may be determined by lines given and, if need be, description may be aided by extrinsic evidence. Under New Jersey law, when description in deed is vague, uncertain or ambiguous, courts will examine acts of parties and practical location of boundaries by such acts to aid in construction of description and to establish intention of parties. A question of location or the application of the grant to its proper subject-matter is a question of fact to be determined by the jury by the aid of extrinsic evidence. Chidester v City of Newark, 162 F.2d 598) (New Jersey Case Law: A dispute arose as to the application of a description in a deed to the subject-matter. The surveyors found that, in running the lines on the specified courses, to reach the monuments called for the lines had to be made much longer than those called for in the description. There was also a dispute as to the location of a certain monument. A line run to the location claimed by either party from the last preceding corner, as called for by course and distance from that corner, would leave out of the survey other surveys required to be included. Held, that the question of the location of the grant was one for the jury to determine, on extrinsic evidence. The question of the application of a description to its proper subject matter is for the jury, who may have the aid of all competent extrinsic evidence. The construction of the terms used in a deed, aside from extraneous evidence, is for the court. Curtis v Aaronson, 49 NJL 68, 7 A 886, 60 AmRep 584) (New Jersey Case Law: Evidence of practical location is permissible only where there is an ambiguity in the description or uncertainty in this application to the premises granted, or where the location operates as an estoppel in pais. Baldwin v. Shannon, 43 NJL 596)
(New Jersey Case Law: Where an ambiguity exists as to the location of a lot, from inconsistent calls, the acts of the grantors in making the survey and marking a boundary by stakes, which is consistent with one call for a boundary and not with another, and the act of the grantee of such
lot in setting his fences by the stakes, are competent evidence of a practical location, which when once made will be conclusive on both parties, especially when by such location the grantee obtains his full complement of land, and the courses and distances set out in the deed are fully answered. Jackson v. Perrine, 35 NJL 137) PRACTICAL LOCATION (New Jersey Case Law: Evidence of practical location is permissible only where there is an ambiguity in the description or uncertainty in this application to the premises granted, or where the location operates as an estoppel in pais. Baldwin v. Shannon, 43 NJL 596)
(New Jersey Case Law: Where the true location of premises is doubtful, a practical location by consent of the parties will aid in the construction of a deed, and in some instances be conclusive as to the boundaries thus fixed, though the acquiescence be for a less period than 20 years. Albanesius v. Peerless Rubber Mfg. Co., 75 NJL 340) SURVEYOR’S AUTHORITY (New Jersey Case Law: An order of surveyors will be quashed, where, under pretense of settling a line fence, they have tried a title to lands. State v. Ford, 1 NJL 53)
(New Jersey Case Law: An order of surveyors will be quashed, where, the line was run without notice to the owner and only four days notice to his tenant. State v. Ford, 1 NJL 53) WHAT IS A SURVEY? (New Jersey Case Law: The reason is that the purchase of real estate, even something as commonplace as a single-family residence, is qualitatively different from the purchase of personal property such as furniture, automobiles and securities…Anyone who buys real estate without the aid of a surveyor runs the risk that he or she may not receive all the land for which he or she paid. In brief, title insurance is no substitute for a survey. ….title insurance policies generally provide either that they are subject to such state of facts as an accurate survey would disclose or to the facts shown on an acceptable survey. Thus, one of the reasons that purchasers obtain surveys is to find out how much land they are buying. Another reason for obtaining a survey is to eliminate from the title policy the exception for such state of facts as an accurate survey would disclose. The size of a tract simply cannot be ascertained with any certainty from a search of public records alone. The reason is that land exists on the ground, not on paper. When a description refers to a point in the line of another, only a survey can reveal the actual size of a piece of property and the amount of land included in a deed. A shortage in acreage is one of the facts that an accurate survey and inspection would disclose. From a search of relevant public records, a title company cannot ascertain the risks that an accurate survey would disclose. It is for this reason that the title company puts that risk on the
insured, who can control it either by obtaining a survey or arranging for the elimination of the survey exception. Thus, the very purpose of a survey exception is to exclude from coverage errors that would be revealed not by a search of the public records, but by an accurate survey. …a survey, as this case demonstrates, can involve extensive research and field work. Unlike a mere inspection, a survey relates the property as described in recorded instruments to the land as it exists. Walker Rogge, Inc. v. Chelsea Title & Guaranty Company, 116 N.J. 517 DEFINITIONS Estoppel in pais a person may be precluded by his act or conduct, or silence when it is his duty to speak, from asserting a right which he otherwise would have had. Interest a right to have the advantage accruing from anything, any right in the nature of property, but less than title. Property Rights Classified as absolute and qualified An “absolute right” gives to the person in whom it inheres the uncontrolled dominion over the subject at all times and for all purposes. (Fee simple absolute) A “qualified right” gives the possessor a right to the object for certain purposes or under certain circumstances only. (Easements, Licenses) Senior Rights The rights in a parcel of land, or several parcels, created in sequence with a lapse of time between them. A person conveying part of his land to another (senior) cannot, at a later date, convey the same land to another (junior). Title The union of all the elements which constitute ownership, at common law divided into possession, right of possession, and right of property, the last two, however, being considered essentially the same. The instrument which is evidence of a right.
The Legal Elements of Boundaries & Adjacent Properties
Establishment
Fix boundaries from actual location of its monuments rather than strictly adhering to
where the calls in the deed locate the monuments
May depend upon:
Implications of an agreement
Consequences of a party’s action(s)
Presumption of acquiescence
Party’s knowledge or ignorance of the facts
Party’s intentions and/or motives
Parties’s responsibilities to one another
Established lines to be marked different from marked lines of an original survey.
Established Line(s) by Agreement
Line must be in dispute or true location unknown
Agreement fixes and determines the situation and location of properties the parties own.
Does not transfer property, fixes line of division (true line)
Is void if it involves transfer of property
Friendly settlements regarding disputed and uncertain lines.
Line may be rescinded prior to statute of limitations has run.
Agreement may be implied by action or inaction
Agreement can only be initiated by owners adjacent to line in dispute.
Agreement takes the place of acquiescence and is binding from time it is made.
Acquiescence for statutory period is conclusive evidence of agreement, whether
actual or not.
Adverse Possession
Purpose of doctrine is to maintain the status quo
Protects adverse occupier
Cuts off rights to bring action by true owner after statutory period has run
Necessary Elements for Adverse Possession
Actual possession evidenced by entry and occupation, occupation must be open
and visible
Open and Notorious possession gives owner of land knowledge of adverse
possession/claim and reason to act. Owner has actual knowledge of and limit of
extent of claim.
Exclusive Possession
Deprive lawful owner of possession
Hostile Possession
Against the interests of the lawful owner
In opposition to the title which possession is alleged to be adverse
Must exist throughout the entire time period required by statute.
Possession by a tenant is not hostile to the landlord.
Continuity
Continuous possession for statutory period
Uninterrupted possession
Tacking is permitted.
Interruption
Break in continuity by some act of owner, adverse claimant or third party will
restart time period
Reasonable notice of rightful claim by lawful owner
Law suit suspends time period of possession during suit
Any break in continuity starts time period over at the beginning.
Color of Title
Appearance or title, deed or other muniment of title, no actual lawful title in
reality
Adverse Possession Limitation (can not be used against the following)
Does not run against the Federal or State government or any municipal
subdivisions
Property granted or held for Religious purposes
Cemetery lands
Railroad lands
R.O.W.
Right or Title Acquired by Adverse Possession
Bars the remedy of the holder of paper title. Original owner is absolutely divested
of all title
Extinguish the paper title of the rightful owner
Vest title in fee in the former adverse owner
Adjoining Owners
Wrongful Use of Property
Cannot use property in a manner which will cause injury to others
Interfere with light, air or access
Obstruct ingress or egress
Polluting land or adjoiners lands
Piling earth on adjoining land or buildings
Using property in a manner which causes harm or injures an adjoiner or adjoiners
land or rights to use land.
Blasting
Use or storage of blasting products may be restricted by ordinance or statute.
Encroachments
Gradual, continuing trespass or nuisance.
Products of encroachment do not become possessions of the party encroached
upon.
Right to lateral support
Right to have property supported and protected, in its natural condition, by the
land of an adjoining owner.
May not pertain to built up or subterranean waters.
Does not preclude excavation by an adjoiner, however, the adjoiner must maintain
lateral support to maintain natural condition of adjoiners lands.
Liability for dangerous conditions
Attractive Nuisance
Trees – Near the Line
Trees belong to owner of land where trunk is located
Produce of tree belong to the owner of the land where the trunk is located.
Adjoiner may cut branches or roots as necessary or seek an abatement for the
nuisance.
Owner is liable for dangerous or decayed trees.
Trees On or Along the Line
Trees are common property of both owners
Neither may destroy without consent of the other.
Fences
Sufficient if fence fulfills the purpose of keeping livestock from straying onto
adjacent lands.
Partition Fences
Spite Fences – may be legal even though they cut off light, air and views,
malicious purpose does not render fence unlawful.
Introduction
The staff of the Bureau of Tidelands Management has prepared this pamphlet to explain a topic which can be confusing and intimidating to property owners. We hope that we have covered the most frequently asked questions and that this information helps you understand more about tidelands. We certainly could not cover every conceivable issue in this pamphlet, so we encourage you to contact our office when you need further information.
Jo Ann Cubberley, C.P. (ASPRS) Manager Bureau of Tidelands Management
Q. What are tidelands? A. Tidelands, also known as riparian lands, are all those lands now or formerly flowed by the mean high tide of a natural waterway. Generally, the State does not own artificial waterways, such as lagoons. However, the State does claim those lands within a lagoon that were flowed by the mean high tide of a natural waterway which existed prior to the alteration. Q. Who owns the tidelands? A. The State of New Jersey owns all tidelands, unless it has already sold its ownership. Q. What are riparian rights? A. Riparian rights are the rights of owners adjacent to tidelands to be the first person to request to use those areas. These lands are owned by the people of the State of New Jersey. You must first get permission from the State to use these lands, in the form of a tidelands license, lease or grant, and you must pay for this use. Q. What is a tidelands grant? A. A tidelands grant is a deed from the State of New Jersey selling its tidelands. Tidelands grants are generally only issued for lands already filled in and no longer flowed by the tide.
Q. What is a tidelands license? A. A tidelands license is a short term revocable rental document to use tidelands, generally for structures such as docks, mooring piles and other temporary structures, as well as dredging projects. Licenses have a specific term, usually seven years. Q. What is a tidelands lease? A. A tidelands lease is a long term rental document to use tidelands, generally issued to marinas or homes over water. The term of a tidelands lease is generally 20 years. Q. What is a Statement of No Interest? A. A recordable document in which the State of New Jersey agrees that it has no tidelands ownership interest in your property. The reason may be that the State sold its tidelands, or that there is no ownership claim on your property. Q. What do I need to obtain a grant, lease, license or Statement of No Interest? A. The Bureau will send you an application package which includes all of the forms required. Our address and phone number are on the front of this pamphlet. Q. Who makes the decision regarding tidelands applications? A. The Tidelands Resource Council, consisting of 12 members appointed by the Governor, makes the initial decisions to sell or rent tidelands. All of the decisions must be approved by the Commissioner of the Department of Environmental Protection. Tidelands grants must be approved and signed by the Attorney General and the Governor. Q. Can a tidelands application be denied? A. Yes. The State is under no obligation to sell or rent its tidelands. The State must find that any sale or rental is in the public interest, and then make a determination as to the cost.
Q. What other State approvals do I need to build on tidelands? A. Depending on the project, you will need a waterfront development permit, coastal or freshwater wetlands permit, CAFRA permit or water quality certificate. For more information about these regulatory permits, you should contact the Land Use Regulation Program, P. O. Box 439, Trenton, NJ 08625-0439 (609-292-0060) Q. I've had a dock for many years. Why isn't it grandfathered under these rules? A. Tidelands laws have been in effect since New Jersey became a State and there is no grandfathering. When legalizing a structure which occupies State owned lands, you will be required to pay a back rental charge as determined by the Council. Q. Isn't paying for tidelands a double tax? A. The money that is paid for tidelands licenses and leases is not a tax. It is a rental payment for the use of State owned lands. Q. Where does all of the money go? A. The money collected from the sale or rental of tidelands is deposited into a trust fund for State education and is also used as a guaranty against the bonds which local school boards sell. Q. How long will it take to get a tidelands license? A. The tidelands license process generally takes 4 to 6 months. You must remember to apply for all required permits at the same time. A delay in obtaining permits will also delay your tidelands license. Q. How long will it take to get a tidelands grant or lease? A. Leases and grants require more complex processing and involve obtaining the approval of many State officials, including the Attorney General and Governor. Total processing time can be as long as one year to eighteen months.
Q. How much will it cost for my grant, lease or license? A. The prices approved by the Council are based upon the fair market value of your land, but there are many factors which determine the final consideration. We can not give you a specific number until your application is reviewed by staff and approved by the Council. While there are no "up-front" filing fees for these applications, there will be a processing charge (based upon the consideration) once an application is approved by the Tidelands Resource Council. Q. Are there any minimum grant and license considerations? A. Yes, the minimum grant consideration is $1000.00; the base license fee is $100.00 per year plus the value of land being rented. Q. What is the charge for a Statement of No Interest? A. There is a processing charge of $250.00, which is required after the Council approves a Statement of No Interest. Q. Why do I need a tidelands license and my neighbord don't? A. Your neighbors may have tidelands grants which cover the structures. This means that they own the area and do not have to rent it from the State. Before the mid-1970's, the State sold its water areas. Q. Why do my neighbors pay less for their licenses than I do? A. The areas needed for the licenses may be smaller, or the properties may have been worth less when they received their licenses.
Q. How can I find out if my property is affected by a tidelands claim of ownership or if it already has a tidelands grant, lease or license? A. You may write to the Bureau and we will research it for you. We will need the exact owners' names, tax lot and block and a copy of any survey you may already have. (Don't obtain a survey just for this inquiry. If you don't have one available, we will use the tax maps to locate your property. While this is not as accurate as using a survey, you should not take on this additional expense for this letter.) You may also review the tidelands maps at the county and municipal Clerk's office to determine if your property is affected by a tideland claim. However, you will not be able to determine if the State has issued a tidelands conveyance for your property by simply reviewing those maps. Q. I am thinking about buying a property at the shore. Can I find out if a property is affected by a tidelands claim even if I don't own it? A. We will research this information for anyone who asks. You must make your request in writing, and provide the information listed in the above answer. Q. May I purchase copies of the tidelands maps or other documents? A. Yes. Please either mail or FAX your order to our office. We can tell you the cost of items before you order them. Orders are generally filled within 1 to 2 working days of receipt. Q. What if I have other questions that aren't covered in this pamphlet? A. Please feel free to call the Bureau of Tidelands Management office. The phone number is on the front of this pamphlet. Specific questions regarding the tidelands status of a property mu st be made in writing, but we will try to answer as many of your general questions by phone that we can.
BTM: 6/98
New Jersey's Tidelands
Frequently Asked Questions
and Answers
State of New Jersey
Department of Environmental Protection Bureau of Tidelands Managment
P. O Box 439 Trenton, NJ 08625-0439
Phone #609-292-2573
FAX #609-633-6493
Christine Todd Whitman Robert C. Shinn, Jr. Governor Commissioner
Reference Section 7 Relevant New Jersey Case Law
Reference Section 8 Historical Perspective on the Road Return Atlases
A HISTORICAL PERSPECTIVE ON THE ROAD RETURN ATLASES
INTRODUCTION
Congratulations on your purchase of the New Jersey Road Return Atlases on CD-ROM! You have acquired a research tool that will enhance your knowledge regarding thehistory of our state and its growth from colonial infancy. The historical aspects ofperforming a boundary survey cannot be understated, and ancient public records such asmaps, deeds, and other title documents are necessary components in the hierarchy ofevidence. The compilation of maps and information on the CD that you have purchasedwill serve as your inventory of recorded plats and maps that are available at each county’sHall of Records. This inventory is now available to you in your office, and your researchtime will be significantly reduced.
We have designed this CD to be implemented in the planning and research phases of aboundary survey conducted in the state of New Jersey. The following is an excerpt fromour administrative code, N.J.A.C. 13:40-5.1(b):
“Prior to conducting a survey, the licensed land surveyor shall obtain all pertinentinformation and documentation in the client’s possession relative to the property to besurveyed. Such information may include, but not be limited to, earlier surveys, recorddeeds, title reports, original tract maps, public records and State, county or municipalmaps. When such information provided is not sufficient to meet the owner’s needs, thesurveyor shall make all reasonable efforts to obtain all information and documentationneeded to render an accurate survey.”
You now possess an informational database that assists you in your compliance withthe recognized legal requirements for the preparation of a Land Survey. This databaseconsists of “public records," a source of valuable and pertinent information that is oftenoverlooked and not always accessed due to cost factors or time constraints. However, thisCD provides a means to better manage your time and allocate human resources. Pleasenote that the information on this CD is only valuable if you follow through on the entireresearch process. We are providing the data so that you may organize and manage yourtime in a more proficient and effective manner. You must take the next step and visit theHall of Records in the particular county of interest in order to enjoy the full benefits of theinformation on the CD. The road book, page number, and road widths are the keys thatwill open doors to other maps, calls for title and physical monuments, and the geometry ofa given road.
Land Surveying is a profession that includes the retracement of our predecessors'footsteps and the gathering of evidence in the form of written and recorded documents aswell as on the ground. Colonial Surveyors played a vital role in the growth andadvancement of society. The vast and often intimidating magnitude of unsettled colonialterritories were reduced and joined by the creation of roads. The Surveyor’s contributionincluded the mapping and location of roads, and public records perpetuate the originalintent of the parties. The CD includes references to historical places of interest serving asmonuments (such as taverns, houses, and other buildings), as well as those of less
significance. History is an element of Land Surveying that must be incorporated into anyboundary retracement, and this tool will allow you to make that important link to the past.
INDIAN TRAILS
Historical reference materials indicate that the New Jersey area had been inhabited byAmerican Indians sometime before 6000 B.C. At the time of European settlement, theIndians of the Eastern Algonquian Confederacy called themselves “Lenni Lenape”, or“Original People."1 In September 1609, the first known European settlers set foot on theshores of Sandy Hook Bay and encountered native Indians. The Lenni Lenape weredivided into three broad groups: Minsi, or “people of the stony country," located innorthern New Jersey; Unami, or “people down the river," in central New Jersey; andUnalachtigo, or “people who live near the ocean” in south New Jersey and Delaware.2
The growth of New Jersey in both urbanized regions and rural sections can be directlylinked to its roads and highways. In colonial times, roads became direct routes to thedeveloping states in New England and in the South, as well as a means of travel to urbanhubs such as Philadelphia and New York. By carving out paths, routes, trails, and waysfor accessible travel, the Indians forged the basis for many roads that exist at the presenttime. Many current highways started as narrow Lenni Lenape Indian forest trails. Theoldest Indian trail through the state was called the Minisink Trail, which ran from MinisinkIsland near the Minsi Council Fire to Clay Pit Creek near Navesink.3 Specifically, the trailpassed from Minisink Island in the Delaware River below Port Jervis, north ofMorristown, crossing the mountains west of Springfield and coming six miles west ofElizabeth. It crossed the Raritan at Kent’s Creek, about four miles west of Amboy andcontinued to Shrewsbury and the sea.4 The Manunkachunk branch of the Minisink trailbecame part of present U.S. Route 22. The Assanpink Trail, from the “Falls” of theDelaware River to near Elizabeth, became much of State Route 27. The TuckaramingTrail, from Lambertville to Newark Bay, became the famous Old York Road, now partlyfederal, state, and local roads. The Burlington Path became part of the original boundaryof Shrewsbury township.5 Dutch colonists widened the Crosswickssung Trail into tworoads leading south from the Raritan River through where Dayton and MonmouthJunction would come to exist. The Crosswickssung Trail became known as GeorgesRoad, and Route 206 heading north from Piscataway follows the old Minisink Trail.
The colonists confronted an almost impervious wilderness of forest and trees, andtheir settlements were often located along streams and waterways. The density of forestand underbrush was more prevalent in East Jersey (New Jersey was divided into twoprovinces, East Jersey and West Jersey, between 1664 and 1702). The settlers in WestJersey encountered more fertile and open lands along the streams and rivers, but venturingaway from these areas was difficult due to the surrounding deep forests. The colonistsadopted the Indian practice of utilizing the canoe to travel up and down the adjacentstreams, creeks, and rivers. These waterways were connected by narrow trails through thethick wilderness. These paths varied in width from twelve inches to eighteen inches, andwere worn to a depth of approximately twelve inches from generations of Indian travels.The Indians usually found the most elevated and most upland ways across swamps, thelowest paths over mountains, and generally the most efficient and direct routes. These
trails were later deepened into bridle paths, and widened and broadened into cart roads,which eventually were smoothed and transformed into highways and roads.6
NEW JERSEY ROADS: THE BEGINNING
In the seventeenth century, the Dutch maintained settlements along the DelawareRiver as well as along the New Jersey shore of the Hudson River, west of NewAmsterdam. The only viable connecting route between these two groups of colonists wasan Indian trail through dense forest. After the English came to East Jersey in 1665 and toWest Jersey in 1675, this road used by the Dutch became the so-called Upper Road orKing’s Highway of the English. It crossed the bay from New York to Bergen or toElizabethtown by ferry, passed through Woodbridge and Piscataway, forded the RaritanRiver at Inian’s (New Brunswick), passed through Kingston, Princeton, Trenton, and intoPennsylvania, down to Bristol and Fort Casimir (New Castle) and into Philadelphia. In thelatter part of the seventeenth century, the Lower Road branched off from the Upper Road,four or five miles west of New Brunswick, proceeding down through Cranbury andBurlington. After crossing the Delaware River it rejoined the Upper Road on its coursetoward Philadelphia. Another Indian trail existed between the Atlantic Ocean and theDelaware River that was adopted by the English before 1700. It proceeded in a southerlydirection through Monmouth County, from Shrewsbury through Middletown towardFreehold, through Allentown, Crosswicks and Bordenton to Burlington and Haddonfield,on to Salem and it was called the “Old Burlington Path." This road was also known asKing’s Highway. 7
These three roads, the Minisink Trail, the Upper Road with its branch, the LowerRoad, and the Old Burlington Path, had been adopted by the Dutch and the English fromthe Indians. They were born from usage and were not created legislatively. They were notlaid out or established by an Act of the Assembly or Road Commissioner. However, thischanged in 1675 when the colony of East Jersey passed the first Public Roads Act. TheGeneral Assembly directed that two men in each town in the province should be appointedto lay out common highways. It is presumed that these men were surveyors, and this datemarks the inception of the road return. Private lands would now be “returned” to thepublic in the form of an easement for safe and convenient passage across these lands. Thelegal character of roads is that of a “public easement." Theoretically, the road is theprivate property of the parties who adjoin the road, with the understanding that they haveloaned their portions of their property to the town for use as a highway for so long as thetown shall need it.8 In this case, the road is said to be “released” or “returned” to thetown, and legal action is required to make the “release” or “return” binding. Theapplication of this theory is memorialized by road return maps and proceedings that set theroad on the ground.
CHRONOLOGY OF EVENTS
The following list is a chronology of historical events pertaining to roads in New Jersey,many of which are documented by road return maps included on this CD:
♦ 1675 - The General Assembly of the colony of East Jersey passes the first PublicRoads Act.
♦ 1676 - The second Public Road Act, in order that a convenient road betweenMiddletown and Piscataway be created so that deputies of these towns can attendGeneral Assembly meetings in a timely fashion.
♦ 1681 - A law was passed at Burlington in West Jersey which stated “that there shall bea highway surveyed and set forth between Burlington and Salem, and that twenty menshall be appointed for said work, ten thereof from Burlington, and ten from Salem.”
♦ 1682 - The General Assembly of East Jersey, meeting that year at Elizabeth Town,passes an act for “making and settling of highways, passages, landings bridges andferries within this province . . . . fit and apt for traveling”; this called for specific menin each county to lay out and build the roads.
♦ 1683 - The East Jersey proprietors deliver a request to Governor Lawrie, regardingthe possibility of discovering a convenient road between Perth Amboy and Burlington,for business and commercial purposes.
♦ 1684 - It was enacted that more highways be laid out “in the Salem limits at theapplication of several of the inhabitants.”
♦ 1686 - A road known as the “Road up Raritan” branches off from the Upper Road atPiscataway, passing in a northwest direction through New Market to Bound Brookand on to Somerville.
♦ 1696 - An Indian trail, through Cooper’s Ferry and Haddonfield down to Little EggHarbor, becomes the Philadelphia and Egg Harbor road.
♦ 1697 - An Act for “a road to and from Cape May” was passed. A road was createdlater which connected Cape May with Somer’s Point and Tuckerton.
♦ 1705 - Several roads are built in Newark to connect plantations near the mountainswith “the Town on the River.”
♦ 1705-1713 - Under the impetus of the 1682 Act of the Assembly, thirty-five new roadsare opened in Middlesex County alone.
♦ Early 1800’s - New York and the cities of eastern New Jersey began to realize thatthat most of the produce from the farms in the Delaware Valley was being shippeddown river to Philadelphia as its marketplace. In order to stem the tide of commerceand turn it toward the east, for the sake of the farmer and the merchant, turnpikecompanies were created. Land acquisition and road building became a serious matter,requiring funding and engineering skills.
♦ 1825 - By this date, fifty-four original charters had been secured for turnpikecompanies in New Jersey, and 550 miles of gravel and dirt had been laid.9
CASE LAW AND STATUTORY LAW
Legislative Action
The creation and establishment of roads in New Jersey have been legislativelycontrolled since 1675. The data on this CD, which will lead you to the acquisition ofpertinent road return maps and road books, is historical evidence of the intent and spirit ofstatutory requirements. It should also be noted that case law opinions have discussed thenecessary and required elements of a legal and binding road return, many of which areapparent on this CD. As discussed earlier, you are now equipped with information thatwill lead you to a vast assortment of historical surveying records, valuable and timeless inyour retracement and re-establishment of boundary lines and record title lines.
The Road Act of 1846 contains the vital elements for a binding and legal road return.This Act revises and supplements prior Acts regarding roads, but the focal concepts arebased on those from the eighteenth century versions. Supplements to the Road Act of1846 are included in the General Road Law of 1874. The following points of law, relativeto road returns and the information on this CD, are found in the 1846 and 1874 laws:
1) “Every public road or highway which shall hereafter be laid out, shall not be more thanfour, nor less than two rods wide; and that every private road which shall hereafter belaid out, shall not be more than thirty feet in width, but may be less, at the discretion ofthe surveyors of the highways.”
2) “When ten or more persons, being freeholders, shall think a public road necessary, orany public road which hath been or shall be laid out unnecessary, or any alteration insuch road necessary, in any part of the county in which they reside, it shall be lawfulfor the said persons to make application, in writing, to the inferior court of commonpleas of the said county, in open court, having given previous notice for at least tendays of such intended application, and also of the day on which such application isintended to be made, by advertisements under their hands, and set up at three of themost public places in the township in which the said road is proposed to be laid out,vacated or altered, and if there be more townships than one through which the saidroad may run, by advertisement, to be set at three of the most public places in eachtownship; and the said court, when applied to as aforesaid, on due proof being madethat the advertisements have been set up according to law, on which the judgment ofthe court shall be final and conclusive, are hereby authorized and required to appointsix of the surveyors of the highways of the said county, ever having regard to theappointment of the surveyors of the highways of those townships where the said roadshall be so applied for to be laid out, vacated or altered: Provided, that no surveyorshall be appointed through whose land the road may run, or who for any other reasonwhich the court in their discretion shall deem sufficient, think ought not to beappointed; and the said surveyors shall meet at such time and place as the said courtshall direct, a copy of which appointment shall be served by the said applicants, or anyone of them, on each of the said surveyors, at least six days prior to the time of theirmeeting; and two of the said applicants shall, at the least twelve days prior to the saidtime, sign and set up advertisements at three of the most public places in the saidtownship or townships, setting forth the time and place of the meeting of the
surveyors, agreeably to the directions of the court, and designating the points or placesfrom and to which the said road is proposed to be laid out, vacated or altered.”
3) “Proceedings of surveyors; return and recording thereof. - That the said surveyors,appointed by the supreme court, or any of the inferior courts of the common pleas inthis state, when met as aforesaid, or a majority of them so met, on due proof beingmade to them that the advertisements of their meeting have been set up according tolaw, on which the said surveyors shall decide, and their decision to be final andconclusive, shall view the premises, and may, if they think it necessary lay out,vacate, or alter the said public or private road, and lay the same as may appearto them to be the most for the public and private convenience, having a regardto the best ground for a road, and the shortest distance in such a manner as todo the least injury to private property, and shall cause the road so laid out oraltered to be marked at proper distances in the line of the same, and makereturn thereof, with a map or draught of the same, with the courses anddistances, and reference to the most remarkable places, and the improvementsthrough which it may pass, with the time when the overseers of the highwaysshall pen the same, if a public road, for public use, or, if a private road, when theapplicants may open the same; which return the said surveyors, or a majority ofthem as aforesaid, shall date, sign, and deliver to the applicant, or, in the case ofa public road, to some of the applicants, who shall deliver or transmit it to theclerk of the court of common pleas of the said county, or in case of a road runningon the line between two counties, or part in one county and part in another, or intothree counties, to the clerk of the supreme court, who is hereby required to record thesaid return, together with a map or draught thereof, in a book to be kept for thatpurpose, and every road so laid out or altered and recorded as aforesaid, shall be alawful highway or private road from the time appointed for the opening of the same;and if any road be vacated, return shall be made, signed and delivered, transmitted, andrecorded as aforesaid; provided that when the road lies in three counties, there shall beamong the signatures of said majority of surveyors, the signature of at least onesurveyor from each of said counties.”
The statutes and laws of 1846 and 1874 clearly describe the required elements of abinding and legal road return. First, the intent of the parties is established by identifyingthe need and desire to establish a road between given locations. This concept applies forany exchange or transfer of real property, where the intention of the parties definitelyexpressed in the instrument supporting the conveyance is controlling. The next stepdefined in the statutes is marking and establishing the desired location of the proposedroad on the ground with visible, physical monuments. It is noteworthy that the lawexpresses a concern for damage or injury to private property that may result from aspecific location of a proposed road. The legislative intent is to provide the public with aconvenient and safe means of passage, while protecting the real property rights of privateland owners.
You now possess, in the form of this CD and the image files contained on it, theinformation that will allow you to access the documents that were filed after the locationof the road had been set on the ground by the appointed surveyors. The information on theCD includes the year of the return, the road book and page number, and the width of theroad. The road returns and pertinent maps are available at each county’s Hall of Records.The laws of 1846 and 1874 clearly state that every road return should be filed along “witha map or draught of the same, with the courses and distances, and reference to themost remarkable places, and the improvements through which it may pass.” This legalrequirement suggests that the maps witnessing and memorializing a road return contain awealth of evidence, calls for monuments, geometry, and record title lines. The maps arevaluable in constructing boundary line scenarios, corroborating evidence collected in thefield, explaining certain calls in deeds, and establishing a time frame of reference forsubsequent research. Remarkable places such as taverns, buildings, schools, residences,and other significant historical locations, are shown on the CD images of the atlases thatyou now have. Your library of historical surveying records will certainly grow and expandwith proper utilization of these atlases. You are encouraged to invest the time and effortrequired to obtain the road returns and associative maps as your research dictates. Youhave the vital information that you need, namely the road book and page number, for theentire state’s inventory of road returns.
Case law citations and points of law
The discussion in this section is intended to illustrate points of law pertaining to theroad return books and maps, and to give you examples of the valuable information thatcan be found when you view or obtain them. This is meant to encourage and persuade youto use the atlases on this CD as research tools and become familiar with the road returnmaps. These cases are notes of decision found in N.J.S.A. 27:16-2, County Roads, andthey are presented here to show the historical development of the road return process. Thecases are cited with a summary of the pertinent point of law:
• Inhabitants of Mt. Olive Tp. v. Hunt, 51 N.J.L. 274, A. 291 (1889)Where a road is vacated, a map should accompany the return, showing thecourses and distances, with reference to the most remarkable places, and theimprovements through which the road passes, the same as is required in layingout a road.
A return by surveyors of highways laying out a road, which did not containreference to the cross lines of lands of different owners, nor the names of thedevisees or heirs of a deceased former owner, and a particular assessment toeach, was defective, as not complying with Rev. 1877, p. 993 Sec. 5, repealed,and would be remitted to the court which appointed the surveyors foramendment.
• Taylor v. Hulick, 37 N.J.L. 70 (1874)Where the return and map of a public road do not give the length of the linethrough the land of the several owners, and the map does not show the divisionfences and lines where the road crosses them, a return is illegal.
• Brock v. Lippincott, 25 N.J.L. 434 (1856)In laying out a road, the requirements of the statute that the surveyors shall so layit “as may appear to them to be most for the public and private convenience," and“in such manner as to do the least injury to private property,” are matters ofsubstance; and the return of the surveyors must show a compliance with them.
• State v. Oliver, 24 N.J.L. 129 (1853)It should appear by the map and return through whose land the road is laid.
• State v. Miller, 23 N.J.L. 383 (1852)A return of a road will not be set aside for the reason that one course of it is, byaccident, not delineated on the map, if it is given in the written report, and can besupplied therefrom.
• State v. Smith, 21 N.J.L. 91 (1847)A barn or dwelling house is not such an improvement as is required, by the RoadAct, to be laid down in the map annexed to the return of surveyors.
• State v. Hopping, 18 N.J.L. 423 (1842)By Elmer’ Dig. p. 472, surveyors of a proposed road are required to “cause theroad to be marked at proper distances, and make return thereof, with a map ordraught of the same, with the courses and distances, and reference to the mostremarkable places and the improvements through which it may pass.” Held, that“improvements” means inclosures, land fenced in, as distinguished from wastesor commons, and that the courses and distances of the road merely are requiredto be given, and not of the boundary lines of the inclosures also.
• State v. Van Geison, 15 N.J.L. 339, (1836)When duly recorded, the return establishes the road, and concludes the rights ofindividuals over whose lands the road has been laid out.
• Hoffman v. Rodman, 39 N.J.L. 252 (1877)The general meaning of that part of the Road Act which requires the surveyors tomake “return, etc., and reference to the most remarkable places,” is, that they areto refer to such places and objects along and near the line of the road, on eitherside, as may seem to them most likely to be useful as monuments by which thetrue location of the road may be determined.
The best evidence of the existence of a public road or highway is the record ofthe return, etc., or a properly authenticated copy of it. And until the absence ofsuch evidence has been satisfactorily accounted for, no other, of inferior degree,will be permitted to supply its place.
• Golder v. Cake, 24 N.J.L. 516 (1854)Though the return does not expressly say in which of two townships the roadbegins and in which it ends, yet where these points are fixed with such precisionof description that nobody can possibly be mistaken as to where they are, it issufficient.
• Griscom v. Gilmore, 16 N.J.L. 105 (1837)The return of surveyors laying out a road should state the termini with certainty,and to describe the whole length of the road with such precision that there maybe no difficulty in ascertaining the lines.
• State v. Clark, 1 N.J.L. 226 (1794)A return of a road laid out, under Act Nov. 29, 1792, should specify all thecourses and distances; and, if this is omitted, the return must be quashed.
• Powell v. Hitchner, 32 N.J.L. 211 (1867)Where there is a material variance in the place of beginning of the road as appliedfor and of the road as actually laid out, the return will be set aside.
• Mowbray v. Allen, 58 N.J.L. 315, 33 A. 199 (1895)Where the courses and distances of the return of the surveyors lay a public roadthrough dwelling houses, the proceeding is fatally defective, though the map ofthe surveyors shows the road to be to one side of the dwellings.
• Stackhouse v. Borough of Pemberton in Burlington County, 194 A.2d. 374, 80 N.J.Super. 563 (1963)
An indefinite or uncertain road return is illegal.
• Cline v. State Highway Commission, 141 A. 577, 6 N.J. Misc. 331 (1928)Recorded road return cannot be attacked collaterally.
Recorded road return cannot be adjudged void except in direct proceedings toset it aside.
• Tainter v. City of Morristown, 19 N.J. Eq. 46 (1868)Where a surveyor’s return comes up collaterally, it cannot be judged void ordisregarded for any irregularity or deficiency if the surveyors had jurisdiction ofthe subject matter; and, where a road has been used by the public 80 years undersuch return, the court would presume that the proceedings of the surveyors werelawful, although matters requisite to give them jurisdiction did not appear in thereturn.
SUMMARY
This historical perspective has been offered to acquaint you with the road returnrecords. The map files that you now possess contain the information that will enable youto quickly obtain the road return maps and related documents.
The prudent surveyor is obligated to research and acquire the documents that willallow him or her to render a Land Survey showing the most probable locations ofboundary lines. The acquisition and analysis of these documents are the primary methodsof determining the intent of the parties to a conveyance of land, monumenting of a newroad, or a partitioning of a parcel. The performance of a thorough and complete boundarysurvey depends upon weighting the calls in a deed, and the representations on a plat ormap, for the purpose of ascertaining the intention.
The sensible and practical rule of the control of actual expressed intention is set forthby Judge Savage of Maine who said, “The cardinal rule for the interpretation of deeds andother written instruments is the expressed intention of the parties, gathered from all partsof the instrument, giving each word its due force, and read in the light of existingconditions and circumstances. It is the intention effectually expressed, not merelysurmised. This rule controls all others.”10 Judge Sanderson of California graphicallyoutlined how this intention is to be ascertained when he ruled that in construinginstruments, “the only rule of much value -- one which is frequently shadowed forth, butseldom, if ever expressly stated in books -- is to place ourselves as nearly as possible in theseats which were occupied by the parties at the time the instrument was executed; then,taking it by the four corners, read it.”11
NOTES
1 John P. Snyder, The Story of New Jersey’s Civil Boundaries, 1606-1968 , Bulletin 67, FirstEdition (Trenton, New Jersey: Bureau of Geology and Topography, 1969), p. 1.
2 Ibid.3 Ibid.4 Irving S. Kull, A.M., New Jersey, A History, Volume I (New York: The American Historical
Society, Inc., 1930), pp. 301-302.5 Snyder, p. 1.6 Kull, p. 301.7 Ibid., p. 302.8 A. C. Mulford, Boundaries And Landmarks, A Practical Manual (New York: D. Van
Nostrand, 1912), p. 72.9 Kull, pp. 303 - 317.10 Ray Hamilton Skelton, C.E., The Legal Elements of Boundaries and Adjacent Properties,
(The Bobbs-Merrill Company, 1930), p. 68.11 Ibid.
Reference Section 9 N.J.D.E.P. Wetlands Title 13
13:9A13:9A-1. Legislative intent; inventory and mapping of tidal wetlands-1. Legislative intent; inventory and mapping of tidal wetlands; filing in; filing inoffice of county recording officeroffice of county recording officer
a. The Legislature hereby finds and declares that one of the most vital anda. The Legislature hereby finds and declares that one of the most vital andproductive areas of our natural world is the soproductive areas of our natural world is the so-called "estuari-called "estuarine zone," that areane zone," that areabetween the sea and the land; that this area protects the land from the force ofbetween the sea and the land; that this area protects the land from the force ofthe sea, moderates our weather, provides a home for water fowl and for the sea, moderates our weather, provides a home for water fowl and for jj of all of allour fish and shellfish, and assists in absorbing sewage discharge by the rivers ofour fish and shellfish, and assists in absorbing sewage discharge by the rivers ofthe land; and that in order to promote the public safety, health and welfare, andthe land; and that in order to promote the public safety, health and welfare, andto protect public and private property, wildlife, marine fisheries and the naturalto protect public and private property, wildlife, marine fisheries and the naturalenvironment, it is necessary to preserve the ecological balance of this area andenvironment, it is necessary to preserve the ecological balance of this area andprevent its further deterioration and destruction by regulating the dredging,prevent its further deterioration and destruction by regulating the dredging,filling, removing or otherwise altering or polluting thereof, all of the extent and infilling, removing or otherwise altering or polluting thereof, all of the extent and inthe manner provided herein.the manner provided herein.
b. The Commissioner of Environmental Protection shall, within 2 years ofb. The Commissioner of Environmental Protection shall, within 2 years ofthe effective date of this act, make an inventory and maps of all tidal wetlandsthe effective date of this act, make an inventory and maps of all tidal wetlandswithin the State. The boundaries of such wetlands shall generally define thewithin the State. The boundaries of such wetlands shall generally define theareas that are at or below high water and shall be shown on suitable maps, whichareas that are at or below high water and shall be shown on suitable maps, whichmay be reproductions or aerial photographs. Each such map shall be filed in themay be reproductions or aerial photographs. Each such map shall be filed in theoffice of the county recording officer of the county or counties in which theoffice of the county recording officer of the county or counties in which thewetlands indicated thereon are located. Each wetland map shall bear a certificatewetlands indicated thereon are located. Each wetland map shall bear a certificateof the commissioner to the effect that it is made and filed pursuant to this act. Toof the commissioner to the effect that it is made and filed pursuant to this act. Tobe entitled to filing no wetlands map need meet the requirements of be entitled to filing no wetlands map need meet the requirements of R.S. 47:1R.S. 47:1-6.-6.
13:9A13:9A-2. Authority of commis-2. Authority of commissioner to adopt, modify or repeal orders regulating,sioner to adopt, modify or repeal orders regulating,altering or polluting coastal wetlands; coastal wetlands definedaltering or polluting coastal wetlands; coastal wetlands defined
The Commissioner may from time to time, for the purpose of promotingThe Commissioner may from time to time, for the purpose of promotingthe public safety, health and welfare, and protecting public and private property,the public safety, health and welfare, and protecting public and private property,wildlife and marine fisheries, adopt, amend, modify or repeal orders regulating,wildlife and marine fisheries, adopt, amend, modify or repeal orders regulating,restricting or prohibiting dredging, filling, removing or otherwise altering, orrestricting or prohibiting dredging, filling, removing or otherwise altering, orpolluting, coastal wetlands. polluting, coastal wetlands. For the purposes of this act the term "coastalFor the purposes of this act the term "coastalwetlands" shall mean any bank, marsh, swamp, meadow, flat or other low landwetlands" shall mean any bank, marsh, swamp, meadow, flat or other low landsubject to tidal action in the State of New Jersey along the Delaware bay andsubject to tidal action in the State of New Jersey along the Delaware bay andDelaware river, Raritan bay, Delaware river, Raritan bay, BarnegatBarnegat bay, Sandy Hook bay, bay, Sandy Hook bay, ShrewsburyShrewsbury river riverincluding including NavesinkNavesink river, Shark river, and the coastal inland waterways extending river, Shark river, and the coastal inland waterways extendingsoutherly from southerly from ManasquanManasquan Inlet to Cape May Harbor, or at any inlet, estuary or Inlet to Cape May Harbor, or at any inlet, estuary ortributary waterway or any thereof, including those areas now or formerlytributary waterway or any thereof, including those areas now or formerlyconnected to tidal waters whose surface is at or below an elevation of 1 footconnected to tidal waters whose surface is at or below an elevation of 1 footabove local extreme high water, and upon which may grow or is capableabove local extreme high water, and upon which may grow or is capableofof-growing some, but not necessarily all, of the following: Salt meadow grass-growing some, but not necessarily all, of the following: Salt meadow grass((SpartineSpartine patens), spike grass ( patens), spike grass (DistichlisDistichlis spicataspicata), black grass (), black grass (JuncusJuncus gerardigerardi),),saltmarshsaltmarsh grass ( grass (SpartinaSpartina alternifloraalterniflora), ), saltwortssaltworts ( (SalicorniaSalicornia EuropaeaEuropaea, and, andSalicorniaSalicornia bigeloviibigelovii), Sea Lavender (), Sea Lavender (LimoniumLimonium carelinianumcarelinianum), ), saltmarshsaltmarshbulrushes (bulrushes (ScirpusScirpus robustusrobustus and and SeirpusSeirpus PaludosusPaludosus var. var. atlanticusatlanticus), sand), sandspurreyspurrey ( (SpergulariaSpergularia marina), switch grass ( marina), switch grass (PanicumPanicum virgatumvirgatum), tall ), tall cordgrasscordgrass((SpartinaSpartina pectinatapectinata), ), hightidehightide bush ( bush (IvaIva frutescensfrutescens var. var. orariaoraria), cattails (), cattails (TyphaTyphaangustifoliaangustifolia, and , and TyphaTypha latifolialatifolia), spike rush (), spike rush (EleocharisEleocharis rostellatarostellata), ), chairmaker'schairmaker'srush (rush (ScirpusScirpus americanaamericana), bent grass (), bent grass (AgrostisAgrostis palustrispalustris), and sweet grass), and sweet grass((HierochloeHierochloe odorataodorata). The term "coastal wetlands" shall not include any land or). The term "coastal wetlands" shall not include any land orreal property subject to the jurisdiction of the Hackensack Meadowlandsreal property subject to the jurisdiction of the Hackensack MeadowlandsDevelopment Commission pursuant to the provisions of Development Commission pursuant to the provisions of P.L. 1968.P.L. 1968.
13:9A13:9A-3-3. Public hearing; notice to owner. Public hearing; notice to owner; recordation of orders; recordation of orders
The commissioner shall, before adopting, amending, modifying orThe commissioner shall, before adopting, amending, modifying orrepealing any such order, hold a public hearing thereon in the county in whichrepealing any such order, hold a public hearing thereon in the county in whichthe coastal wetlands to be affected are located, giving notice thereof to eachthe coastal wetlands to be affected are located, giving notice thereof to eachowner of all real property as shown on the current tax duplicate, located in theowner of all real property as shown on the current tax duplicate, located in theState and within 200 feet in all directions of the property which is the subject ofState and within 200 feet in all directions of the property which is the subject ofsuch hearing in the manner prescribed by section 7.1 of such hearing in the manner prescribed by section 7.1 of P.L.P.L. 1975, c. 291 (C 40:55 1975, c. 291 (C 40:55DD-12) and by publication thereof at least twice in each of the 3 weeks next-12) and by publication thereof at least twice in each of the 3 weeks nextpreceding the date of such hearing in a newspaper of general circulation in thepreceding the date of such hearing in a newspaper of general circulation in themunicipality or municipalities in which such coastal wetlands are located.municipality or municipalities in which such coastal wetlands are located.
Upon the adoption of any such order or any order amending, modifying orUpon the adoption of any such order or any order amending, modifying orrepealing the same, the commissioner shall cause a copy thereof, together with arepealing the same, the commissioner shall cause a copy thereof, together with aplan of the lands affected, including reference to the filed wetlands map or mapsplan of the lands affected, including reference to the filed wetlands map or mapson which the same are shown and a list of the owners of records of such lands,on which the same are shown and a list of the owners of records of such lands,to be recorded in the office of the county clerk or register of deeds, where it shallto be recorded in the office of the county clerk or register of deeds, where it shallbe indexed and filed as a judgment, and shall mail a copy of such order and planbe indexed and filed as a judgment, and shall mail a copy of such order and planto each owner of record of such lands affected thereby.to each owner of record of such lands affected thereby.
13:9A13:9A-4. Regulated activity; necessity of permit to conduct; application-4. Regulated activity; necessity of permit to conduct; application;;determination of issuancedetermination of issuance
a. For purposes of this section "regulated activity" includes but is nota. For purposes of this section "regulated activity" includes but is notlimited to draining, dredging, excavation or removal of soil, mud, sand, gravel,limited to draining, dredging, excavation or removal of soil, mud, sand, gravel,aggregate of any kind or depositing or dumping therein any rubbish or similaraggregate of any kind or depositing or dumping therein any rubbish or similarmaterial or discharging therein liquid wastes, either directly or otherwise, and thematerial or discharging therein liquid wastes, either directly or otherwise, and theerection of structures, erection of structures, drivingsdrivings of pilings, or placing of obstructions, whether or of pilings, or placing of obstructions, whether ornot changing the tidal ebb and flow. "Regulated activity" shall not includenot changing the tidal ebb and flow. "Regulated activity" shall not includecontinuance of commercial production of salt hay or other agricultural crops orcontinuance of commercial production of salt hay or other agricultural crops oractivities conducted under section 7 of this act.activities conducted under section 7 of this act.
b. No regulated activity shall be cob. No regulated activity shall be conducted upon any wetland without anducted upon any wetland without apermit.permit.
c. Any person proposing to conduct or cause to be conducted a regulatedc. Any person proposing to conduct or cause to be conducted a regulatedactivity upon any wetland shall file an application for a permit with theactivity upon any wetland shall file an application for a permit with thecommissioner, in such form and with such information as the commissioner maycommissioner, in such form and with such information as the commissioner mayprescribe and shall provide notice to each electric or gas public utility in theprescribe and shall provide notice to each electric or gas public utility in theState and to each owner of all real property as shown on the current taxState and to each owner of all real property as shown on the current taxduplicate, located in the State and within 200 feet in all directions of the propertyduplicate, located in the State and within 200 feet in all directions of the propertywhich is the subject of such application in the manner prescribed by section 7.1which is the subject of such application in the manner prescribed by section 7.1of of P.L.P.L. 1975, c. 291 (C 40:55 D 1975, c. 291 (C 40:55 D-12).-12). Such application shall include a detailedSuch application shall include a detaileddescription of the proposed work and a map showing the area of wetland directlydescription of the proposed work and a map showing the area of wetland directlyaffected with the location of the proposed work thereon, together with the namesaffected with the location of the proposed work thereon, together with the namesof the owners of record of adjacent land and known claimants of rights in orof the owners of record of adjacent land and known claimants of rights in oradjacent to the wetland of whom the applicant has notice. All applications, withadjacent to the wetland of whom the applicant has notice. All applications, withany maps and documents relating thereto, shall be open for inspection at theany maps and documents relating thereto, shall be open for inspection at theoffice of the Department of Environmental Protection.office of the Department of Environmental Protection.
d. In granting, denying or limiting any permit the commissioner shalld. In granting, denying or limiting any permit the commissioner shallconsider the effect of the proposed work with reference to the public health andconsider the effect of the proposed work with reference to the public health andwelfare, marine fisheries, shell fisheries, wildlife, the protection of life andwelfare, marine fisheries, shell fisheries, wildlife, the protection of life and
property from flood, hurricane and other natural disasters, and the public policyproperty from flood, hurricane and other natural disasters, and the public policyset forth in section 1.a. of this act.set forth in section 1.a. of this act.
13:9A13:9A-5. Jurisdiction of violations-5. Jurisdiction of violations
The Superior Court shallThe Superior Court shall have jurisdiction to restrain violations of orders have jurisdiction to restrain violations of ordersissued pursuant to this act.issued pursuant to this act.
13:9A13:9A-6. Complaint by landowner affected by -6. Complaint by landowner affected by order; recordation of findingorder; recordation of finding
Any person having a recorded interest in land affected by any such orderAny person having a recorded interest in land affected by any such orderor permit, may, within 90 days after receiving notice thereof, file a complaint inor permit, may, within 90 days after receiving notice thereof, file a complaint inthe Superior Court to determine whether such order or permit so restricts orthe Superior Court to determine whether such order or permit so restricts orotherwise affects the use of his property as to deprive him of the practical useotherwise affects the use of his property as to deprive him of the practical usethereof and is therefore an unreasonable exercise of the police power becausethereof and is therefore an unreasonable exercise of the police power becausethe order or permit constitutes the equivalent of a taking without compensation.the order or permit constitutes the equivalent of a taking without compensation.If the court finds the order or permit to be an unreasonable exercise of the policeIf the court finds the order or permit to be an unreasonable exercise of the policepower, the court shall enter a finding that such order or permit shall not apply topower, the court shall enter a finding that such order or permit shall not apply tothe land of the plaintiff; provided, however, that such finding shall not affect anythe land of the plaintiff; provided, however, that such finding shall not affect anyother land than that of the plaintiff; provided, however, that such finding shallother land than that of the plaintiff; provided, however, that such finding shallnot affect any other land than that of the plaintiff. Any party to the suit may causenot affect any other land than that of the plaintiff. Any party to the suit may causea copy of such finding to be recorded forthwith in the office of the county clerka copy of such finding to be recorded forthwith in the office of the county clerkor register of deeds, where it shall be indexed and filed as a judgment.or register of deeds, where it shall be indexed and filed as a judgment.
The method provided in this section for the determination of the issueThe method provided in this section for the determination of the issueshall be exclusive, and such issue shall not be determined in any othershall be exclusive, and such issue shall not be determined in any otherproceeding.proceeding.
13:9A13:9A-7. Application of act on powers and duties of certain state departments or-7. Application of act on powers and duties of certain state departments oragenciesagencies
No action by the commissioner under this act shall prohibit, restrict orNo action by the commissioner under this act shall prohibit, restrict orimpair the exercise or performance of the powers and duties conferred orimpair the exercise or performance of the powers and duties conferred orimposed by law on the State Department of Environmental Protection, the Naturalimposed by law on the State Department of Environmental Protection, the NaturalResource Council and the State Mosquito Control Commission in saidResource Council and the State Mosquito Control Commission in saidDepartment, the State Department of Health, or any mosquito control or otherDepartment, the State Department of Health, or any mosquito control or otherproject or activity operating under or authorized by the provisions of chapter 9 ofproject or activity operating under or authorized by the provisions of chapter 9 ofTitle 26 of the Revised Statutes.Title 26 of the Revised Statutes.
13:9A13:9A-8. Application of act to riparian lands-8. Application of act to riparian lands
Nothing in this act or any permit issued hereunder shNothing in this act or any permit issued hereunder shall affect the rights ofall affect the rights ofthe State in, or the obligations of a riparian owner with respect to, riparian lands.the State in, or the obligations of a riparian owner with respect to, riparian lands.
13:9A13:9A-9. Violations-9. Violations; penalties; penalties
Any person who violates any order by the commissioner, or violates any ofAny person who violates any order by the commissioner, or violates any ofthe provisions of this act, shall be liable to the State for the cost of restoration ofthe provisions of this act, shall be liable to the State for the cost of restoration ofthe affected wetlands to its condition prior to such violation insofar as that isthe affected wetlands to its condition prior to such violation insofar as that ispossible, and shall be punished by a fine of not more than $1,000.00, to bepossible, and shall be punished by a fine of not more than $1,000.00, to becollected in accordance with the provisions of the Penalty Enforcement Lawcollected in accordance with the provisions of the Penalty Enforcement Law(N.J.S. 2A(N.J.S. 2A:58:58-1 et seq.).-1 et seq.).
13:9A13:9A-10. Short title-10. Short title
This act may be cited as The Wetlands Act of 1970.This act may be cited as The Wetlands Act of 1970.
APPENDIX New Jersey Register, Volume 38, Issue 4, Issue Date:
February 21, 2006 Rule Adoptions
Law and Public Safety Division of Consumer Affairs
State Board of Professional Engineers and Land Surveyors
NEW JERSEY REGISTER VOLUME 38, ISSUE 4
ISSUE DATE: FEBRUARY 21, 2006 RULE ADOPTIONS
LAW AND PUBLIC SAFETY DIVISION OF CONSUMER AFFAIRS
STATE BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS
38 N.J.R. 1202(a)
Readoption with Amendments: N.J.A.C. 13:40 Adopted Repeals: N.J.A.C. 13:40-2.17, 15.5 and 15.7 Adopted New Rules: N.J.A.C. 13:40-1.1, 1.2, 1.3, 2.15, 3.1, 3.2, 3.3, 10.1, 10.2 and 15.24
State Board of Professional Engineers and Land Surveyors Rules
Proposed: September 6, 2005 at 37 N.J.R. 3253(a).
Adopted: December 1, 2005 by the State Board of Professional Engineers and Land Surveyors, James K. Valenti, Esq., P.E., President.
Filed: January 26, 2006 as R.2006 d.80, with substantive changes not requiring additional public notice or comment (N.J.A.C. 1:30-6.3) and with proposed N.J.A.C. 13:40-3.2(d), (e) and (f) not adopted.
Authority: N.J.S.A. 45:8-27 et seq.
Effective Date: January 26, 2006, Readoption;
February 21, 2006, Amendments, Repeals and New Rules.
Expiration Date: January 26, 2011.
Summary of Agency-Initiated Changes:
The current rules governing home inspection, N.J.A.C. 13:40-15 provide for the licensing of home inspectors and associate home inspectors, N.J.A.C. 13:40-15.5 and 15.6. The rules were promulgated consistent with the provisions of N.J.S.A. 45:8-6 1 et seq., which were in effect when the rules originally were adopted. However, the Legislature has amended and supplemented P.L. 1997, c. 323, N.J.S.A. 45:8-61 et seq., and repealed section 9 of P.L. 1997, c. 323, N.J.S.A. 45:8-69, effective August 18, 2005. See P.L. 2005, c. 201. Those statutory changes repealed the associate home inspector provisions, grandfathered certain licensed associate home inspectors and set forth additional education requirements for licensure as a home inspector. In order to ensure that the regulations comply with the statutory changes, the Board has amended N.J.A.C. 13:40-15 on adoption. The amendments include: repeal of the sections and deletion of the definitions specifically applicable to associate home inspectors, at N.J.A.C. 13:40-15.2, 15.5 and 15.7; deletion of any reference to associate home inspectors; a grandfather provision for certain licensed associate home inspectors, adopted N.J.A.C. 13:40-15.24; and the statutory language for the new education requirements for licensure as a home inspector, N.J.A.C. 13:40-15.6(a). A second change to the home inspector's rules has been made on adoption, based on amendments to N.J.S.A. 45:8-72, which provide an alternate method by which a practicing home inspector may be
licensed under the grandfather provision. The Board is amending N.J.A.C. 13:40- 15.4, the grandfather provision for home inspectors, to be consistent with the statute. Because these amendments to the home inspector regulations are based on statutory changes, no comment period is necessary because the Board would not be at liberty to make changes.
Federal Standards Statement
A Federal standards analysis is not required because there are no Federal laws or standards applicable to the rules readopted with amendments and new rules.
Full text of the readopted rules can be found in the New Jersey Administrative Code at N.J.A.C. 13:40.
Full text of the adopted amendments, repeals and new rules follows (additions to proposal indicated in boldface with asterisks *thus*; deletions from proposal indicated in brackets with asterisks *[thus]*):
SUBCHAPTER 1. PURPOSE AND SCOPE; DEFINITIONS
13:40-1.1 Purpose
The purpose of this chapter is to regulate the practices of professional engineering, land surveying and home inspection in the State of New Jersey pursuant to N.J.S.A. 45:8-27 et seq.
13:40-1.2 Scope
This chapter shall apply to all applicants seeking licensure as professional engineers, land surveyors and/or home inspectors and all licensees practicing professional engineering, land surveying and home inspecting in the State of New Jersey.
13:40-1.3 Definitions
The following words and terms, when used in this chapter, shall have the following meanings unless the context clearly indicates otherwise:
"Advertisement" means any communication to the public including, but not limited to, newspaper, periodical, journal, flyer, brochure, telephone directory, billboard, sign (other than a sign used only for identification purposes at the business premises), radio, telephone for the purpose of solicitation, television, Internet, or any other print or electronic media in which engineering or land surveying services are offered or by which the availability of engineering or land surveying services is made known.
"Board" means the State Board of Professional Engineers and Land Surveyors.
"Certificate of Authorization" means a certificate issued by the Board to a general business corporation or a limited liability company to allow the practice of professional engineering and/or land surveying pursuant to N.J.S.A. 45:8-56 and N.J.A.C. 13:40-10.
"Closely allied professionals" means and is limited to licensed architects, professional engineers, land surveyors, professional planners and certified landscape architects pursuant to N.J.S.A. 45:8-28(j) and 45:4B-3.
"Engineer" or "professional engineer" means a person who has been duly licensed as a professional engineer by the Board.
"Engineering," "professional engineering" or "practice of engineering" means any service or creative work the adequate performance of which requires engineering education, training and experience and the application of special knowledge of the mathematical, physical and engineering sciences to such services or creative work as consultation, investigation, evaluation, planning and design of engineering works and systems, planning the use of land and water, engineering studies and the administration of construction for the purpose of determining compliance with drawings and specifications, any of which embraces such services or work, either public or private, in connection with any engineering project including: utilities, structures, buildings, machines, equipment, processes, work systems, projects, telecommunications, or equipment of a mechanical, electrical, hydraulic, pneumatic or thermal nature, insofar as they involve safeguarding life, health or property, and including such other professional services as may be necessary to the planning, progress and completion of any engineering services. The practice of professional engineering does not include the work ordinarily performed by persons who operate or maintain machinery or equipment.
"Engineer-in-training" means a person who is registered as an engineer-in-training by the Board.
"Joint Committee" means the Joint Committee of Architects and Engineers established pursuant to the Building Design Services Act, N.J.S.A. 45:4B-1 et seq.
"Land information systems" means any computer coded spatial database designed for multi-purpose public use developed from or based on property boundaries.
"Land surveying" "surveying" or "practice of land surveying" means any service or work the adequate performance of which involves the application of special knowledge of the principles of mathematics, the related physical and applied sciences and the relevant requirements of law to the act of measuring and locating distances, directions, elevations, topography including natural and man-made topographical features in the air, on the surface of the earth, within underground workings, and on beds of bodies of water for the purpose of determining areas and volumes, and for the establishing of horizontal and vertical control as it relates to construction stake-out, for the monumentation of property boundaries and for platting and layout of lands and subdivisions thereof and for the preparation and perpetuation of maps, record plats, field notes, records and property descriptions in manual and computer coded form that represent these surveys. The practice of land surveying includes the establishment and maintenance of the base mapping and related control for land information systems that are developed from the practice of land surveying.
"Land surveyor" or "surveyor" means a person who has been duly licensed as a *professional* land surveyor by the Board.
"License" means official documents issued by the Board to an individual attesting to the fact that the individual has met the minimum requirements to practice professional engineering or land surveying in the State of New Jersey.
"Limited liability company," "LLC" or "L.L.C." means a business entity organized in compliance with the Limited Liability Company Act, N.J.S.A. 42:2B-1 et seq., to engage in and carry on any lawful business., purpose or activity that combines the attributes of both a corporation and a partnership and provides the limited liability generally associated with a corporation and the Federal tax treatment of a partnership.
"Limited liability partnership," "LLP" or "L.L.P." means an association of two or more persons to carry on as owners of a business for profit, which partnership is formed pursuant to an
agreement governed by the law of New Jersey, is registered pursuant to N.J.S.A. 42:1-44 and is in compliance with N.J.S.A. 42:1-45.
"Person" means any individual or any business association or entity.
"Professional business entity" means a sole proprietorship of a licensed professional engineer or land surveyor; a partnership, including a limited liability partnership, of licensed professional engineers and/or land surveyors; a partnership, including a limited liability partnership, of closely allied professionals, including at least one licensed professional engineer or licensed land surveyor; a professional service corporation of persons providing closely allied professional services as defined by N.J.S.A. 14A:17-3, including at least one licensed engineer or licensed land surveyor, established pursuant to the Professional Service Corporation Act, N.J.S.A. 14A:17-1 et seq.; or a limited liability company or a corporation either of which is required to hold a Certificate of Authorization from the State Board of Professional Engineers and Land Surveyors pursuant to N.J.A.C. 13:40-10.
"Responsible charge" means the rendering of regular and effective supervision by a competent professional engineer or land surveyor to those individuals performing services which directly and materially affect the quality and competence of the professional services rendered by the licensee.
"Surveyor-in-training" means a person who is registered as a surveyor-in-training by the Board.
"Telecommunications" means subjects which deal with the generation, transmission, receiving, and processing of information bearing signals for the purpose of fulfilling a particular communication need. The most common forms of signals are those encountered in voice, image, and data transmission. Subjects relevant to telecommunications include but are not limited to: analog and digital circuits, propagation of electromagnetic energy through guided media such as a transmission line, fibers, wave guides, and unguided media such as free space as in broadcast and mobile communication systems, communication theory, including modulation, noise interference, and the interface with computers.
SUBCHAPTER 2. APPLICATION REQUIREMENTS; LICENSING; BIENNIAL RENEWAL; INACTIVE STATUS
13:40-2.1 Application submission
(a) An applicant for licensure or registration shall submit a completed application as required under this subchapter on a form provided by the Board. The application and materials required under this subchapter for licensure or registration shall be postmarked and sent to the Board office by the deadline prescribed in the application packet for an applicant to be considered eligible for admission to the next regularly scheduled examination. The applicant shall be responsible to verify the receipt of all the required materials by the Board office.
(b) The application shall be reviewed only upon receipt of all the required materials.
(c) An application and other required materials that are not postmarked by the prescribed deadline shall not be reviewed for the next scheduled examination. The application shall be held and reviewed for the subsequent scheduled examination, provided that the application and all required materials are postmarked and sent to the Board office by the deadline prescribed for that examination.
13:40-2.2 Scheduling of examination
(a) Upon the timely submission of a completed application and all supplemental materials, including references and fees, the application shall be reviewed. If the application and supplemental materials satisfy the requirements of this subchapter, the applicant shall be permitted to take the licensing examination.
(b) Upon finding an applicant qualified to sit for an examination, the Board shall forward a packet to the applicant advising that the applicant is eligible to take the examination on one of two dates specified within the packet. The applicant shall choose one of the two dates, so indicate in the materials sent by the Board, and return the completed material to the Board along with the examination fee as required by the examiner. The choice of examination date must be postmarked and mailed to the Board office by the deadline specified in the packet.
13:40-2.3 Cancellation of application; reapplication
(a) All applications to take an examination for licensure shall be valid for five years from the date of initial Board approval; after five years, the application shall be canceled.
(b) (No change.)
(c) Upon reapplication, the applicant shall have postmarked and sent to the Board by the deadline prescribed in the new application packet a new application, the appropriate fees as required pursuant to N.J.A.C. 13:40- 6.1(a)1, all other required materials, and a letter referencing any application number previously assigned by the Board.
13:40-2.4 Engineer-in-training: application procedure; eligibility requirements; requirements for juniors and seniors to sit for Part F portion
(a) To be eligible for a certificate of registration as an engineer-in-training, an applicant shall:
1. Submit a completed, typewritten and notarized application which contains information concerning the applicant's background;
2. Pay the application fee set forth in N.J.A.C. 13:40-6.l(a)l;
3. Submit an official transcript indicating the applicant has satisfied the educational requirements set forth in N.J.A.C. 13:40-2.8 in either engineering or engineering technology;
4. Submit a minimum of three references that comply with N.J.A.C. 13:40-2.13 from persons who have personal knowledge of the applicant's experience or training, one of whom shall be a licensed professional engineer in the United States;
5. Submit proof that the applicant has satisfied the language comprehension requirement set forth in N.J.A.C. 13:40-2.14 if the applicant has received an undergraduate degree from a school located in a country where the official language is other than English; and
6. Successfully complete the Part F portion of the examination unless waived by the Board pursuant to N.J.A.C. 13:40-2.12.
(b) A person in his or her junior or senior year of college pursuing either a degree in engineering or engineering technology shall be permitted to sit for the Part F portion of the examination if:
1. The applicant submits a completed, typewritten and notarized application which contains information concerning the applicant's background;
2. The Board receives a letter from the applicant's school indicating that the applicant is currently enrolled as a junior or senior in good academic standing;
3. (No change.)
4. The applicant submits a minimum of three references that comply with N.J.A.C. 13:40-2.13 from persons who have personal knowledge of the applicant's experience or training, one of whom shall be a licensed professional engineer in the United States;
5. The applicant pays the application fee required of engineer-in-training applicants as set forth in N.J.A.C. 13:40-6.1(a)1; and
6. For an applicant who is pursuing his or her undergraduate degree from a school located in a country where the official language is other than English, the Board receives proof that the applicant has satisfied the language comprehension requirement set forth in N.J.A.C. 13:40-2.14.
13:40-2.5 Professional engineer: application procedure; eligibility requirements
(a) An applicant for examination as a professional engineer shall submit the following to the Board:
1. A completed, typewritten and notarized application which contains information concerning the applicant's educational and experiential background;
2. (No change.)
3. An official transcript indicating the applicant has satisfied the educational requirements set forth in N.J.A.C. 13:40-2.8 in either engineering or engineering technology;
4. A minimum of five references that comply with N.J.A.C. 13:40-2.13 from persons who have personal knowledge of the applicant's experience or training, three of whom shall be licensed professional engineers in the United States. The professional references for that portion of the applicant's experience constituting the minimum experience required for licensure shall be professional engineers who were in responsible charge of that minimum experience. If the number of experience engagements necessary to constitute the minimum experience requires more than three professional references to confirm such experience, such additional professional references shall be required. Special circumstances may be considered by the Board at the time of application in such cases where a licensed professional engineer in responsible charge of the work being claimed by the applicant is not available; and
5. For an applicant who has received his or her undergraduate degree from a school located in a country where the official language is other than English, proof that the applicant has satisfied the language comprehension requirement set forth in N.J.A.C. 13:40-2.14.
(b) To be eligible for licensure, the applicant shall have successfully passed the three-part examination for licensure consisting of:
1. Part F--Fundamentals of Engineering which may be waived by the Board pursuant to N.J.A.C. 13:40-2.12;
2.-3. (No change.)
(c) (No change.)
13:40-2.6 Surveyor-in-training; application procedure; eligibility requirements
(a) To be eligible for a certificate of registration as a surveyor-in-training, an applicant shall:
1. Submit a completed, typewritten and notarized application which contains information concerning the applicant's background;
2. Pay the application fee set forth in N.J.A.C. 13:40-6.1(a)1;
3. Submit an official transcript indicating the applicant has satisfied the educational requirements set forth in N.J.A.C. 13:40-2.9;
4. Submit a minimum of three references that comply with N.J.A.C. 13:40-2.13 from persons who have personal knowledge of the applicant's experience or training one of whom shall be a licensed land surveyor in the United States; and
5. Submit proof that the applicant has satisfied the language comprehension requirement set forth in N.J.A.C. 13:40-2.14 if the applicant has received an undergraduate degree from a school located in a country where the official language is other than English.
(b) A person in his or her junior or senior year of college pursuing a degree in land surveying shall be permitted to sit for the Part F portion of the examination if:
1. The applicant submits a completed, typewritten and notarized application which contains information concerning the applicants background;
2. The Board receives a letter from the applicant's school indicating that the applicant is currently enrolled as a junior or senior in good academic standing;
3. (No change.)
4. The applicant submits a minimum of three references that comply with N.J.A.C. 13:40-2.13 and are from persons who have personal knowledge of the applicant's experience or training, one of whom shall be a licensed land surveyor in the United States;
5. The applicant pays the application fee required of surveyor-in-training applicants as set forth in N.J.A.C. 13:40-6.1(a)1; and
6. For an applicant who is pursuing an undergraduate degree from a school located in a country where the official language is other than English, the Board receives proof that the applicant has satisfied the language comprehension requirement set forth in N.J.A.C. 13:40-2.14.
13:40-2.7 Land surveyor; application procedures; eligibility requirements
(a) An applicant for licensure as a land surveyor shall submit the following to the Board:
1. A completed, typewritten and notarized application which contains information concerning the applicant's educational and experiential background;
2.-3. (No change.)
4. A minimum of five references that comply with N.J.A.C. 13:40-2.13 from persons who have personal knowledge of the applicant's experience or training, three of whom shall be licensed
land surveyors in the United States. The professional references for that portion of the applicant's experience constituting the minimum experience required for licensure shall be licensed land surveyors who were in responsible charge of that minimum experience. If the number of experience engagements necessary to constitute the minimum experience requires more than three professional references to confirm such experience, such additional professional references shall be required. Special circumstances may be considered by the Board at the time of application in such cases where a licensed land surveyor in responsible charge of the work being claimed by the applicant is not available; and
5. For an applicant who has received his or her undergraduate degree from a school located in a country where the official language is other than English, proof that the applicant has satisfied the language comprehension requirement set forth in N.J.A.C. 13:40-2.14.
(b)-(c) (No change.)
13:40-2.8 Education requirements: engineer-in-training and professional engineer
(a) Each applicant shall provide the Board with an official transcript reflecting the degree(s) earned by the applicant. The transcript must be sent directly from the educational institution to the Board and must include the Board-assigned application number of the applicant. In the event that any portion of the curriculum completed by the applicant as part of a master's degree is required to be considered by the Board for the applicant to meet the minimum education standards as set forth in (b) below, the applicant shall not receive the one year of experience credit as permitted by N.J.A.C. 13:40-2.10(b).
(b) An engineering curriculum shall not be accepted for licensure unless approved by the Board and shall consist of the following minimum requirements:
1. 128 semester hours, 80 of which shall consist of:
i. (No change.)
ii. 32 semester hours of engineering sciences; and
iii. (No change.)
2. (No change.)
(c) An engineering technology curriculum shall not be accepted for licensure unless approved by the Board and shall consist of the following minimum requirements:
1. (No change.)
2. For purposes of conversion, one semester hour equals 1.5 quarter hour credits.
(d) An applicant who has attended an educational institution that is both not accredited by the Accreditation Board for Engineering and Technology and not located in the United States shall have his or her degree evaluated by a transcript review service selected and approved by the Board. Reviews by other services other than those selected and approved by the Board shall not be accepted.
(e)-(f) (No change.)
13:40-2.9 Education requirements: land surveyor-in-training; land surveyor
(a) Each applicant shall provide the Board with an official transcript reflecting the degree(s) earned by the applicant. The transcript shall be sent directly from the educational institution to the Board and shall include the Board assigned application number of the applicant. In the event that any portion of the curriculum completed by the applicant as part of a master's degree is required to be considered by the Board for the applicant to meet the minimum education standards as set forth in (b) below the applicant shall not receive the one year of experience credit as permitted by N.J.A.C. 13:40-2.11(b).
(b) A land surveying curriculum shall not be accepted for licensure unless approved by the Board and shall consist of the following minimum requirements:
1. 128 semester hours which shall consist of:
i. 45 semester hours in surveying and mapping science and practice;
(1)-(2) (No change.)
ii. 24 semester hours of math, statistics and general science; and
iii. (No change.)
2. (No change.)
(c)-(e) (No change.)
13:40-2.10 Experience requirements; professional engineer
(a) (No change.)
(b) Except as provided in N.J.A.C. 13:40-2.8(a), completion of a master's degree in engineering shall be substituted for one year of the required professional experience required by (a) above.
(c) Completion of a doctorate degree in engineering shall be substituted for one year of the required professional experience required by (a) above in addition to the amount of substituted experience allowed for the applicant pursuant to (b) above.
(d) Completion of a master's or doctorate degree shall not exempt an applicant from the requirements of (a)1 and (a)2 above.
Recodify existing (d) and (e) as (e) and (f) (No change in text.)
13:40-2.11 Experience requirements; land surveyor
(a) (No change.)
(b) Except as provided in N.J.A.C. 13:40-2.9(a), completion of a master's degree in land surveying shall be substituted for one year of the required professional experience.
(c) Completion of a doctorate degree in land surveying shall be substituted for one year of the required professional experience in addition to the amount of substituted experience allowed for the applicant pursuant to (b) above.
(d)-(e) (No change.)
13:40-2.12 Waiver of the fundamentals of engineering examination
The Board may waive the fundamentals of engineering portion of the licensure examination provided that, in addition to the education requirements at N.J.A.C. 13:40-2.8, the applicant has a specific record of an additional 15 years or more of experience in engineering work that the Board determines is consistent with the requirements of N.J.S.A. 45:8-2.8(b). Eight of the 15 years of experience must have been gained in the United States or must have been acquired while working for a United States based firm. At least two years of experience gained in the United States shall be original engineering design experience demonstrating increased responsibility over time. All experience shall be gained under the regular and effective supervision of a licensed professional engineer.
13:40-2.13 References
(a) (No change.)
13:40-2.15 Biennial license renewal; license suspension; reinstatement of suspended license; inactive status
(a) All licenses issued by the Board shall be issued for a biennial license period. A licensee who seeks renewal of the license shall submit prior to the expiration date of the license a completed renewal application, the renewal fee as set forth in N.J.A.C. 13:40-6.1, and, in the case of a land surveyor, a statement that the licensee has successfully completed the continuing competency requirements pursuant to N.J.A.C. 13:40-11.
(b) The Board shall send a notice of renewal to each licensee at the address registered with the Board at least 60 days prior to the expiration of the license. If the notice to renew is not sent at least 60 days prior to the expiration date, no monetary penalties or fines shall apply to the licensee for failure to renew.
(c) If a licensee does not renew the license prior to its expiration date, the licensee may renew the license within 30 days of its expiration by submitting a completed renewal application, the renewal fee and late fee as set forth in N.J.A.C. 13:40-6.1, and, in the case of a land surveyor, a statement that the licensee has successfully completed the continuing competency requirements pursuant to N.J.A.C. 13:40-11. During this 30-day period, the license shall be valid, and the licensee shall not be deemed to be engaged in unauthorized practice.
(d) A license that is not renewed within 30 days of its expiration shall be automatically suspended. An individual with a suspended license who holds himself or herself out as a professional engineer or a land surveyor shall be in violation of N.J.S.A. 45:8-27 and N.J.A.C. 13:40-3.1.
(e) A licensee whose license has been automatically suspended for five years or less for failure to renew pursuant to (d) above may be reinstated by the Board upon completion of the following:
1. Payment of the reinstatement fee and all past delinquent biennial renewal fees as set forth in N.J.A.C. 13:40-6.1;
2. Submission of an affidavit of employment listing each job held during the period of suspended license which includes the name, address, and telephone number of each employer and a listing of every project and report that was signed and sealed by the licensee; and
3. In the case of a land surveyor, submission of proof of completion of the professional development hours required for each biennial licensure period for which the license was suspended.
(f) In addition to fulfilling the requirements set forth in (e) above, a licensee whose license has been automatically suspended for more than five years who wishes to return to practice shall reapply for licensure and shall demonstrate that he or she has maintained proficiency. An applicant who fails to demonstrate to the satisfaction of the Board that he or she has maintained proficiency while suspended may be subject to an examination or other requirements as determined by the Board prior to reinstatement of his or her license.
(g) Renewal applications shall provide the licensee with the option of either active or inactive status. A licensee electing inactive status shall pay the inactive license fee set forth in N.J.A.C. 13:40-6.1 and shall not hold himself or herself out as a professional engineer or land surveyor, as the case may be.
(h) A licensee who elected inactive status and has been on inactive status for five years or less may be reactivated by the Board upon completion of the following:
1. Payment of the biennial license fee and reactivation fee pursuant to N.J.A.C. 13:40-6.1;
2. Submission of an affidavit of employment listing each job held during the period the license was on inactive status which includes the name, address, and telephone number of each employer and a listing of every project and report that was signed and sealed by the licensee; and
3. In the case of a land surveyor, submission of proof of completion of the professional development required for each biennial licensure period for which the license was on inactive status.
(i) In addition to fulfilling the requirements set forth in (h) above, a licensee whose license has been on inactive status for more than five years who wishes to return to active status shall reapply for licensure and shall demonstrate that he or she has maintained proficiency. An applicant who fails to demonstrate to the satisfaction of the Board that he or she has maintained proficiency while on inactive status may be subject to an examination or other requirements as determined by the Board prior to reinstatement of his or her license.
13:40-2.16 Comity
(a)-(b) (No change.)
(c) A record book from the National Council of Examiners for Engineering and Surveying (NCEES) shall be acceptable to the Board only if it is sent directly to the Board office from the National Council of Examiners for Engineering and Surveying. The applicant shall complete the Board application form in its entirety. The record book shall meet the following requirements:
1.-3. (No change.)
13:40-2.17 (Reserved)
SUBCHAPTER 3. LICENSURE REQUIREMENT; EXEMPTIONS; STANDARDS OF PRACTICE; MISCONDUCT
13:40-3.1 Licensure requirement; issuance and display of certificate; advertising
(a) A person shall not use the title "professional engineer," "engineer" or its substantial equivalent or otherwise represent to the public that the person is licensed to practice engineering in this State unless that person is licensed by the Board.
(b) A person shall not use the title "land surveyor," "surveyor" or its substantial equivalent or otherwise represent to the public that the person is licensed to practice land surveying in this State unless that person is licensed by the Board.
(c) All professional engineering and land surveying performed for or by a department, institution, commission, board or body of the State Government or for or by any county, city, township, village, borough or other municipal corporation or other political subdivision in the State shall be performed by a licensed individual in conformance with N.J.S.A. 45:8-27 et seq., N.J.S.A. 45:4B-1 et seq. and N.J.A.C. 13:40.
(d) Every holder of a license shall display the license certificate in a conspicuous place in the licensee's principal office, place of business or employment.
(e) Each license number and license certificate containing the license number issued by the Board shall remain the property of the State of New Jersey, If the Board suspends, fails to renew, or revokes a license, the licensee shall immediately return all certificates to the Board and shall remove the license number from all advertising and anything else on which the license number is displayed or otherwise communicated.
(f) The Board shall issue a replacement license certificate to a licensee upon payment of the replacement certificate fee as set forth in N.J.A.C. 13:40-6.1 and receipt by the Board of an affidavit or certified statement attesting that the original was either lost destroyed, mutilated or is otherwise no longer in the custody of and cannot be recovered by the licensee.
(g) The Board shall issue a duplicate license certificate to a licensee upon payment of the duplicate certificate fee as set forth in N.J.A.C. 13:40-6.1 and receipt by the Board of an affidavit or certified statement that the licensee has multiple places of business in which the licensee must display a certificate. A licensee shall not possess more certificates than the number of places of business utilized by the licensee.
(h) Failure to return a license certificate which has been rendered invalid shall subject the individual to such penalties as provided by law and may be grounds for the Board to refuse to reinstate a license.
13:40-3.2 Licensure exemptions: acceptable measurements by professional engineers
(a) The following persons shall be exempt from the licensure requirements of N.J.A.C. 13:40-3.1:
1. An individual not a resident of and having no established place of business in this State who practices or offers to practice professional engineering or land surveying when such practice does not exceed in the aggregate 30 consecutive days in any calendar years provided that the individual is legally qualified by license to practice professional engineering or land surveying in any State or country in which the requirements and qualifications for licensure are at least comparable to those required by the Board and no final plans or reports are submitted by the individual;
2. An individual not a resident of and having no established place of business in this State or who recently becomes a resident of this State, who practices or offers to practice professional engineering or land surveying for more than 30 days in any calendar year if the individual has filed with the Board an application for licensure and has paid the requisite fees, provided that
the individual is legally qualified to practice professional engineering or land surveying in any State or country in which the requirements and qualifications for obtaining a license are at least comparable to those required by the Board and this exemption shall continue only for such time as the Board requires for its consideration of the application for licensure;
3. An employee or a subordinate of an individual holding a valid license issued by the Board or an employee of a person exempted from licensure by (a)1 or 2 above, provided that this practice does not include responsible charge of design or supervision;
4. An officer or employee of the Government of the United States while engaged within this State in the practice of professional engineering or land surveying for that government;
5. An officer or employee for a corporation engaged in interstate commerce as defined in an act of Congress entitled. "Act to regulate commerce," approved February 4, 1887, 24 Stat. 379, and as amended, when practicing professional engineering or land surveying solely for that corporation unless such practice affects public safety or health;
6. An employee of a corporation or any of its affiliated companies, any of which are in the field of telecommunications and subject to the jurisdiction of the State Board of Public Utilities or the Federal Communications Commission, when acting on behalf of that corporation or any of its affiliated companies;
7. An employee of a corporation or any of its affiliated companies, any of which are in the field of telecommunications and in which the primary business is research and technical development manufacturing or product design, when acting on behalf of that corporation or any of its affiliated companies; and
8. A person when exclusively practicing professional engineering or land surveying on property owned or leased by the person unless such practice involves the safety, health or welfare of the public.
(b) The design of buildings by professional engineers shall be consistent with section 7 of the Building Design Services Act, N.J.S.A. 45:4B-7.
(c) Nothing in this subchapter shall prohibit licensed architects from providing or offering services consistent with the Building Design Services Act, N.J.S.A. 45:4B-1 et seq.
*[(d) Nothing in this subchapter shall preclude a person licensed by the Board as a professional engineer from performing those measurements necessary for the design, construction stake-out, construction and post-construction records of an engineering project, provided that these measurements are not related to property lines, lot lines, easement lines, or right-of-way lines, the establishment of which are required to be made by a land surveyor.
(e) Notwithstanding (d) above, a licensed professional engineer shall not prepare a topographic or any other survey.
(f) When preparing a plan, a licensed professional engineer may transfer existing conditions, including topography, onto the plan only if that information has been taken from a survey prepared by a licensed land surveyor. A signed and sealed copy of the survey utilized by the professional engineer in preparing the plan shall be attached to the plan submittal.]*
13:40-3.3 Advertising
(a) Professional engineers and land surveyors shall meet the following requirements concerning advertisements:
1. An advertisement shall include a term which is descriptive of the professional services to be rendered, such as "professional engineer," "land surveyor," "professional engineering," "engineering," "land surveying," "surveying," "professional engineer on staff," "land surveyor on staff," "professional engineering services," "land surveying services" or the substantial equivalent thereof and may be made only by a professional business entity.
2. An advertisement shall include the name and license number of a professional engineer or land surveyor, as appropriate, and, if applicable, the name of the professional business entity and its certificate of authorization number.
3. Each professional engineer and land surveyor, who is a principal. partner, or officer of a professional business entity, shall be responsible for the form and content of any advertisement which offers to provide professional engineering and/or land surveying services.
4. A copy of each advertisement shall be retained by each professional engineer and land surveyor who is a principal, partner or officer of a professional business entity, for a period of three years from the date of the last authorized publication or dissemination of the advertisement and shall be made available for review upon request by the Board.
5. Any professional engineer, land surveyor or professional business entity that uses an advertisement containing false or misleading information, including claims of superiority that cannot be substantiated, or that fails to meet the requirements set forth in this subsection shall be deemed to be engaged in professional misconduct.
13:40-3.4 Release of project records
(a) As used in this section, the term "records" shall include, but not be limited to, any plans, reports, documents, field notes, or other items of work product generated for an engineering or land surveying project as contractually defined which would be reasonably necessary to the completion of the project for which the professional engineer or land surveyor was originally retained.
(b)-(d) (No change.)
13:40-3.5 Enumeration of prohibited acts
(a) Misconduct in the practice of professional engineering or land surveying shall include, without limitation:
1.-2. (No change.)
3. Advertising in violation of N.J.A.C. 13:40-3.3.
4. (No change.)
5. Affixing his or her signature and seal to any plans, specifications, plats or reports or surveys which were not prepared by him or her or under his or her supervision by his or her employees or subordinates.
6. (No change.)
7. Permitting or allowing any person not appropriately licensed pursuant to N.J.S.A. 45:8-27 et seq. or this chapter to act for or on behalf of the licensee as his representative, surrogate or agent while appearing before any public or private body for the purpose of rendering professional engineering or land surveyor services.
8.-10. (No change.)
11. Failure of a licensee to respond in writing within 30 days to a written communication from the State Board of Professional Engineers and Land Surveyors with respect to any investigative inquiry relating to the possible violation of any statute or regulation administered by the Board, and to make available any relevant records with respect to such an inquiry. The 30-day period shall begin on the day when such communication was sent from the Board by certified mail with return receipt requested to the address appearing on the last registration.
12.-14. (No change.)
13:40-3.6 Reporting incidents of professional misconduct
If a licensee has knowledge or reason to believe that another person or firm may be in violation of or has violated any of the statutes or rules administered by the State Board of Professional Engineers and Land Surveyors, he or she shall present such information to the Board in writing and shall cooperate with the Board in furnishing such information or assistance as may be required by the Board.
13:40-4.1 Notification of change of address; service of process
(a) A licensee of the State Board of Professional Engineers and Land Surveyors shall notify the Board in writing of any change of address from that currently registered with the Board and shown on the most recently issued certificate. Such notice shall be sent to the Board by certified mail, return receipt requested, not later than 30 days following the change of address.
1. (No change.)
(b) Failure to notify the Board of any change of address pursuant to (a) above may result in disciplinary action.
(c) Service of an administrative complaint or other Board-initiated process at a licensee's address on file with the Board shall be deemed adequate notice when service by certified or regular mail is acceptable and shall allow the commencement of any disciplinary proceedings.
13:40-4.2 Scope of practice; home inspections
(a) An engineer licensed by the State Board of Professional Engineers and Land Surveyors may apply to the Board for certification of eligibility for licensure as a home inspector.
(b)-(d) (No change.)
SUBCHAPTER 5. LAND SURVEYORS; PREPARATION OF LAND SURVEYS
13:40-5.1 Land surveyors; preparation of land surveys
(a)-(c) (No change.)
(d) Appropriate corner markers, such as stakes, iron pipes, cut crosses, monuments, and such other markers as may be authorized by (d)2 below, shall be set either by the licensed land surveyor or under the supervision of the licensed land surveyor. Such markers shall be set at each property corner not previously marked by a property marker, unless the actual corner is not accessible, or unless a written waiver signed by the ultimate user and witnessed by a
person other than a land surveyor is obtained as set forth in N.J.A.C. 13:40-5.2. The failure to obtain a waiver when corner markers are not set shall be considered professional misconduct. Any violation of this subsection shall subject the licensee to a penalty of not more than $ 2,500 for each violation.
1. (No change.)
2. Markers for property corners set by licensed surveyors shall be composed of durable material and be of the minimum length practical to reasonably assure permanence, with a recommended length of 18 inches or more. These markers may include:
i.-vii. (No change.)
viii. Drill holes in durable materials; and
ix. (No change.)
3.-6. (No change.)
7. Monuments where required to be set pursuant to the "Map Filing Law" at N.J.S.A. 46:23-9.11 shall be:
i.-iii. (No change.)
8.-10. (No change.)
(e) (No change.)
(f) The items which must always be shown are:
1. Title block complying with N.J.A.C. 13:40-8;
2.-10. (No change.)
(g) Notwithstanding any other provisions of these rules to the contrary, the following items may be omitted where contractual agreements with the client so provide:
1. (No change.)
2. Fences and streams and ditches, unless such fences, streams and ditches are on or in close proximity to the property lines or otherwise affect the property lines in question;
3. Sidewalks, driveways, walkways or other traveled ways, unless such ways affect the property lines in question;
4. (No change.)
5. Location and type of building and other structures on the property in question; and
6. Metes and bounds description of the property.
(h) When any of the various items listed in (g) above are omitted, the plat or plan of survey should indicate the specific omitted items in a factual way that such omissions are made.
(i) Upon completing the plat or plan of survey, the licensed land surveyor shall provide the client an agreed upon number of prints of the survey drawing. Such print copies of the plat or plan of survey shall bear the signature and impression seal of the licensed land surveyor. Certification by the licensed land surveyor may be given when requested by the client.
1. The licensed land surveyor shall also supply a description of the property surveyed when the survey is to be used for conveyancing (title transfer or mortgage). This description must be suitable for use in a deed. The description shall be by metes and bounds or by reference to a filed plan, block and lot. If a filed plan, block and lot is utilized, the entire title of the filed plan shall be set forth along with, the filed plan number and the date on which the plan was recorded in the office of the County Recording Officer. If there is any deviation from the filed plan to the completed survey, a description by filed plan, block and lot, shall not be utilized. The deed description shall be consistent with both the survey provided and the documentation upon which the survey was based and shall be written in such a manner as to define the boundary lines of real property unambiguous and sufficient for a surveyor to lay it out on the ground. This description may be reproduced on the survey plat itself or may be by separate document. If the deed description is provided on the survey plat, it must be titled "Deed Description." If a separate document is provided, the description shall be signed and sealed by the licensed land surveyor responsible for its preparation.
2. (No change.)
(j)-(k) (No change.)
(l) Failure to comply with the provisions of this subchapter and with applicable State laws and local ordinances may subject the licensed land surveyor to disciplinary action.
(m) Subdivision plats, whether classified as major or minor, preliminary or final, shall be prepared by a licensed land surveyor and shall be based on a new or existing current and accurate survey of the property being subdivided.
1.-2. (No change.)
3. In all instances, including where deeds are used to record minor subdivisions and/or where an existing plat or plan of survey is used, only the licensee who prepared the boundary map on which the subdivision is based may provide the certification on the subdivision plat that the boundary survey is accurate and was prepared under his or her supervision, as required by the Map Filing Law, N.J.S.A. 46:23-9.11(n), and in accordance with N.J.A.C. 13:40-9, Responsible Charge of Engineering or Land Surveying Work.
(n) (No change.)
13:40-6.1 Fee schedule
(a) The following fees shall be charged by the Board:
1. (No change.)
Recodify existing 3. and 4. as 2. and 3. (No change in text.)
4. Retired license fee .............................................................. $ 40.00
5. Inactive license fee........ (to be determined by the Director by rule)
6.-7. (No change.)
8. Reactivation fee:
i.-ii. (No change.)
iii. Inactive licensee................................................................ $ 80.00
9. Duplicate certificate fee...................................................... $ 20.00
10.-11. (No change.)
Recodify existing 13. and 14. as 12. and 13 (No change in text.)
(b) For a Certificate of Authorization issued pursuant to P.L. 1989, c. 276, general business corporations and limited liability companies offering to provide engineering or land surveying services in New Jersey shall pay a fee of $ 120.00 for a biennial period, or $ 60.00 per year. The late renewal fee for Certificate of Authorization is $ 50.00. The reinstatement fee for Certificate of Authorization is $ 125.00.
13:40-7.1 General provisions
(a) Definitions: All words, terms, and phrases shall be as defined in the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.
(b) (No change.)
13:40-7.5 Effect of local ordinances
(a) (No change.)
(b) No municipal or county ordinance, policy or action purporting to define the scope of professional activity of architects, engineers, land surveyors, planners, or certified landscape architects in the preparation of site plans or major subdivisions shall reduce or expand the scope of professional practice recognized by the boards.
SUBCHAPTER 8. sEALING AND tiTLE BLOCK REQUIREMENTS FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS
13:40-8.1 Sealing documents
(a) All sealing of documents shall be done with an impression-type seal the design of which shall be authorized by the Board and shall contain the name and license number of the professional engineer or land surveyor and the legend "Licensed Professional Engineer," Licensed Land Surveyor," or "Licensed Professional Engineer and Land Surveyor," as the case may be. Alternatives such as digital seals or rubber stamp facsimiles of the seal shall not be permitted.
(b) The application of a signature and seal to documents relating to the practice of professional engineering and/or land surveying shall indicate that the licensee has provided regular and effective supervision to those individuals performing services which directly and materially affect the quality and competence of the engineering or land surveying work rendered.
1. The following documents shall be signed and sealed and shall contain the name of the professional business entity and, if appropriate, the entity's certificate of authorization number:
i.-ii. (No change.)
(c) (No change.)
(d) Where the document includes the work of more than one professional, each professional shall sign and seal the document with clear reference to the work that he or she has performed. See N.J.A.C. 13:40-8.6 for title block requirements.
(e)-(f) (No change.)
13:40-8.2 (No change in text.)
13:40-8.3 Title block contents
(a) The title block shall contain:
1. (No change.)
2. The name and address of the engineering or land surveying individual firm, partnership, limited liability partnership, limited liability company, corporation, professional association or professional service corporation. The name of the firm in the case of a limited liability partnership shall be followed by the words "Limited Liability Partnership" or the abbreviation "LLP" or "L.L.P." The name of the firm in the case of a limited liability company shall be followed by the words "Limited Liability Company" or the abbreviation "LLC" or "L.L.C."
3. The full name and license number of the person(s) in responsible charge;
4.-5. (No change.)
6. If applicable, the certificate of authorization number as required by N.J.S.A. 45:8-56 and N.J.A.C. 13:40-10.1.
(b)-(c) (No change.)
Recodify existing 13:40-1.4 through 1.6 as 8.4 through 8.6 (No change in text.)
SUBCHAPTER 10. CERTIFICATES OF AUTHORIZATION
13:40-10.1 Issuance of certificates of authorization
(a) Upon review and approval by the Board of a completed application, the Board shall issue a certificate of authorization to a limited liability company (LLC) or a corporation, other than a professional service corporation established pursuant to the Professional Service Corporation Act, P.L. 1969, c. 232 (N.J.S.A. 14A:17-1 et seq.), if the LLC or corporation meets the following requirements:
1. At least one of the LLC's or corporation's officers or full-time employees is a licensed professional engineer and/or land surveyor in this State who shall be in responsible charge of the professional services rendered by the LLC or corporation; or
2. The LLC or corporation has entered into a written contract with a New Jersey licensed professional engineer or land surveyor pursuant to N.J.A.C. 13:40-10.3.
(b) In applying for a certificate of authorization, an applicant shall submit to the Board:
1. A completed application form designated by the Board which shall include, at a minimum, the following:
i. The name and address of the LLC or corporation and its satellite offices;
ii. The names, addresses, license numbers and signatures of all officers, board members, directors, principals and any licensees who shall be in responsible charge of the practice of professional engineering and/or land surveying through the LLC or corporation;
iii. The names, addresses, license numbers, and amount and percentage of ownership interest of the LLC or corporation of persons who are licensees of the Board or who are closely allied professionals;
iv. The names, addresses, and amount and percentage of ownership interest of the LLC or corporation of persons who are not licensees of the Board nor closely allied professionals; and
v. The name and address of the LLC's or corporation's registered agent for service of process in New Jersey;
2. A certified copy of the Certificate of Formation or Incorporation for an LLC or corporation created in this State or, for an LLC or corporation created outside New Jersey, a certified copy of a Certificate of Authority issued by the Division of Revenue in the New Jersey Department of Treasury and a certified copy of the Certificate of Formation or Incorporation, or its equivalent, issued by the home state;
3. A copy of the most current annual report filed with the Division of Revenue in the New Jersey Department of Treasury;
4. If appropriate, a copy of the signed contract entered into pursuant to N.J.A.C. 13:40-10.3; and
5. The certificate fee as set forth in N.J.A.C. 13:40-6.1.
(c) The certificate of authorization shall designate all New Jersey licensees who are in responsible charge of the professional engineering and/or land surveying activities and decisions of the LLC or corporation. All final drawings, papers and documents involving the practice of professional engineering and/or land surveying, when issued by the LLC or corporation or filed for public record, shall be signed and sealed by the New Jersey licensee who is in responsible charge of the work.
(d) The LLC or corporation that has been issued a certificate of authority and its licensees who are in responsible charge of the professional engineering and/or land surveying activities and decisions of the LLC or corporation have a continuing duty to inform the Board within 30 days of any change in the information that was provided to the Board as required pursuant to (b) above, including a copy of each annual report filed with the Division of Revenue.
(e) Misrepresentation of any information provided to the Board or failure to provide updated information as required under (d) above may result in the suspension of the certificate of authority and/or may be deemed to be professional misconduct of the licensees found to be in
responsible charge of the professional engineering and/or land surveying activities and decisions of the LLC or corporation.
13:40-10.2 Biennial renewal of certificates of authorization
(a) All certificates of authorization issued by the Board shall be issued for a biennial period. An LLC or corporation seeking renewal of the certificate shall submit a completed renewal application, a copy of the current annual report filed with the Division of Revenue in the New Jersey Department of Treasury and the renewal fee as set forth in N.J.A.C. 13:40-6.1 prior to the expiration date of the license.
(b) The Board shall send a notice of renewal to each certificate holder at the address registered with the Board at least 60 days Prior to the expiration of the certificate. If the notice to renew is not sent at least 60 days prior to the expiration date, no monetary penalties or fines shall apply to the certificate holder for failure to renew.
(c) If a certificate holder does not renew the certificate prior to its expiration date, the certificate holder may renew the certificate within 30 days of its expiration by submitting a completed renewal application, a copy of the current annual report filed with the Division of Revenue in the New Jersey Department of Treasury, and the renewal fee and late fee as set forth in N.J.A.C. 13:40-6.1. During this 30-day period the certificate shall be valid, and the certificate holder shall not be deemed to be engaged in unauthorized practice.
(d) A certificate of authorization that is not renewed within 30 days of its expiration shall be automatically suspended. An LLC or corporation, other than a professional service corporation established pursuant to the Professional Service Corporation Act, P.L. 1969, c. 232 (N.J.S.A. 14A:17-1 et seq.), that provides or advertises professional engineering and/or land surveying services while its certificate of authority is suspended shall be in violation of N.J.S.A. 45:8-56.
(e) A certificate of authorization that has been automatically suspended for non-renewal may be reinstated upon the LLC or corporation submitting a completed reinstatement application, a copy of the current annual report filed with the Division of Revenue in the New Jersey Department of Treasury, and the renewal fee and reinstatement fee as set forth in N.J.A.C. 13:40-6.1.
13:40-10.3 Contract requirement
(a) Any business corporation or limited liability company which does not have an officer or employee who is in responsible charge and is licensed as a professional engineer and/or land surveyor in this State and which offers or renders such services shall, prior to the offer or rendering of any such service, have a written contract with a New Jersey licensed professional engineer or land surveyor, and have obtained a certificate of authorization pursuant to N.J.S.A. 45:8-56 and N.J.A.C. 13:40-10.1. Such written contract shall clearly indicate the licensee to be in responsible charge of the engineering or land surveying services.
(b) A licensed professional engineer or a licensed land surveyor rendering engineering or surveying services for a business corporation or limited liability company which is required to obtain a certificate of authorization pursuant to N.J.S.A. 45:8-56 and N.J.A.C. 13:40-10.1 shall not perform such services unless he or she is an officer or an employee of the corporation or has a written contract with the corporation prior to rendering professional services and is listed as being in responsible charge on the corporation's certificate of authorization.
(c) A licensed professional engineer or a licensed land surveyor rendering engineering or surveying services who is listed as being in responsible charge of the engineering or surveying work on a corporation's or limited liability company's certificate of authorization shall notify the Board in writing within 30 days of any change of status regarding the individuals in
responsible charge of the corporation or limited liability company. It shall be the duty of the corporation or limited liability company and the licensed professional engineer or licensed land surveyor listed as being in responsible charge on the certificate of authorization to provide such notification.
(d) Any corporation or limited liability company that offers or renders engineering and land surveying services without a Certificate of Authorization or with a lapsed Certificate of Authorization shall be subject to civil penalties as authorized by N.J.S.A. 45:1-25. This subsection shall not apply to a professional service corporation established pursuant to the Professional Service Corporation Act, N.J.S.A. 14A:17-1 et seq.
SUBCHAPTER 11. LAND SURVEYORS; CONTINUING COMPETENCY
13:40-11.2 Definitions
As used in this subchapter, the following terms shall have the following meanings:
"Professional development hour" (PDH) means one contact hour of professional/technical development in seminars, conferences or workshops and is equivalent to one continuing professional competency credit as required by N.J.S.A. 45:8-35.2.
13:40-11.6 Credit calculation
(a) Credit for PDHs will be granted as follows for each biennial renewal period:
1. (No change.)
2. Successful completion of approved continuing education courses: one PDH for each contact hour of the course;
3.-7. (No change.)
13:40-11.8 Waiver of continuing competency requirement
(a) The Board may, in its discretion, waive, extend or otherwise modify continuing competency requirements on an individual basis for reasons of hardship, such as illness or disability, or other good cause.
(b) Any licensee seeking a waiver, extension or other modification of the continuing competency requirement shall apply to the Board in writing 90 days prior to renewal of licensure and set forth with specificity the reasons for the request. The licensee shall also provide the Board with such additional information as it may reasonably request in support of the request.
(c)-(e) (No change.)
13:40-11.12 Responsibilities of program providers
(a) Program providers shall:
1.-2. (No change.)
3. Disclose in advance to prospective participants the course objectives, prerequisites, experience level, content, required advanced preparation, teaching method, and number of PDH credits or contact hours involved in the program;
4.-6. (No change.)
7. Furnish to each enrollee who has successfully completed the program a verification of completion, which shall include at least the following information:
i. -iv. (No change.)
8. Maintain and retain accurate records of program attendance and completion for a six-year period;
9. Retain a written outline of course materials for a six-year period; and
10. Provide the Board with such documentation as requested by the Board.
13:40-12.2 Retired licensee: application; entitlement
(a)-(b) (No change.)
(c) Each retired licensee shall be entitled to the following:
1. A retired licensee when using the title "Professional Engineer" or "Land Surveyor" or any substantial equivalent shall use the designation "Retired" following his or her name;
2. The name of each retired licensee shall appear in the roster of licensees;
3.-4. (No change.)
(d) Each retired licensee who wishes to maintain retired status shall renew the license biennially and shall remit the retired license fee pursuant to N.J.A.C. 13:40-6.1.
13:40-12.4 Resumption of practice
(a) A professional engineer or land surveyor holding retired license status or no-fee retired license status who wishes to resume the practice of professional engineering or land surveying shall forward the following to the Board:
1. (No change.)
2. The reactivation fee for retired licensees or no-fee retired licensees pursuant to N.J.A.C. 13:40-6.1; and
3. (No change.)
(b) For the purposes of this section, the reactivation fee shall mean the reinstatement fee provided in N.J.S.A. 45:8-36.2.
SUBCHAPTER 15. HOME INSPECTION ADVISORY COMMITTEE
13:40-15.1 Purpose; scope; applicability
(a) (No change.)
(b) This subchapter shall apply to all persons licensed as home inspectors *[or associate home inspectors]* by the State of New Jersey and applicants for such licensure, performing home inspections of residential buildings with four or fewer dwelling units and other related residential housing components.
(c) No person shall perform or hold oneself out as permitted to perform a home inspection nor represent or call oneself a home inspector unless licensed pursuant to N.J.A.C. 13:40-15.5 or 15.6.
(d) (No change.)
13:40-15.2 Definitions
The following terms, when used in this subchapter, shall have the following meanings unless the context clearly indicates otherwise.
"Additional inspection services" does not encompass repairs or improvements. "Additional inspection services" means:
1. Tests performed by a home inspector *[or associate home inspector]* which are not part of a home inspection but which, in the opinion of the home inspector *[or associate home inspector]*, are warranted or which the client requests. Such tests include, but are not limited to, radon, asbestos, lead paint, carbon monoxide or urea-formaldehyde testing. Such testing may be performed providing the home inspector *[or associate home inspector]* has the relevant experience, education, training and/or licensing and/or certification to perform such additional tests as set forth in N.J.A.C. 13:40-15.22;
2. Inspecting systems and components which the home inspector *[or associate home inspector]* is not required to, but is not prohibited from, inspecting pursuant to the standards of practice, N.J.A.C. 13:40-15.16;
3. Inspecting systems and components which are not part of the home inspection but which the home inspector *[or associate home inspector]* may inspect if experienced, educated, trained, certified, registered or licensed as set forth in N.J.A.C. 13:40-15.22; and
4. (No change.)
"Additional inspection services" does not encompass repairs or improvements.
*["Associate home inspector" means a person who is employed by a licensed home inspector to conduct a home inspection of a residential building under the regular and effective, direct supervision of a licensed home inspector and is licensed pursuant to the provisions of N.J.S.A. 45:8- 62 et seq.]*
"Home inspection" means a visual, functional, non-invasive inspection conducted for a fee or any other consideration and performed without moving personal property, furniture, equipment, plants, soil, snow, ice, or debris, using the mandatory equipment and including the preparation of a home inspection report of the readily-accessible elements of the following components of a residential building: structural components, exterior components, roofing system, plumbing system, electrical system, heating system, cooling system, interior components, insulation components and ventilation system, fireplaces and solid fuel burning appliances, or any other related residential housing component as determined by the Board, in
consultation with the Committee, by rule, but excluding recreational facilities and outbuildings other than garages or carports.
"Home inspection report" means a written report prepared for a fee or any other consideration by a home inspector *[or associate home inspector]* which:
1.-5. (No change.)
"Licensee" means a home inspector *[or associate home inspector]* licensed by the Committee and subject to this subchapter.
*["Regular and effective, direct supervision" means that a licensed home inspector need not be physically present during a home inspection but is accessible to the associate home inspector during the course of the inspection.]*
"Significance of findings" means an explanation of the reason the home inspector *[or associate home inspector]* reported that a system or component designated for inspection pursuant to this subchapter contained a material defect, for the purpose of advising the client of the need for appropriate action.
13:40-15.4 Requirements for initial licensure as home inspector (grandfathering)
(a) Pursuant to N.J.S.A. 45:8-72, by December 30, 2005, persons may apply for licensure as a home inspector by completing and submitting to the Committee an application which will require information that the applicant:
1.-3. (No change.)
*[4. Has practiced as a home inspector for at least three years prior to December 30, 2005 performing home inspections for which the client was charged a fee;]*
*[5.]**4.* Has performed *[at least 300]* home inspections as defined in N.J.A.C. 13:40-15.2 on or before December 30, 2005, *[for which a client was charged a fee,]* *in either of the following numbers:*
*i. 400; or
ii. 300 for at least three years preceding December 30, 2005.*
*[6.]* *5.* (No change in text.)
(b) An applicant for licensure under this section shall:
1. (No change.)
2. Submit copies of income tax returns, business incorporation papers or similar documentation to verify that the applicant was in the business of performing home inspections for at least three years prior to December 30, 2005; and
3. Submit a list of *[300]* *the* home inspections completed for com-pensation *as required pursuant to (a)5 above* by December 30, 2005.
(c) The Committee shall randomly audit applications to verify that applicants for licensure as a home inspector under this section performed *[at least 300]* *the* home inspections as
required by (a)5 above. Applicants that are audited shall submit copies of home inspection reports as requested by the Committee.
(d) (No change.)
13:40-15.5 *[Requirements for licensure as associate home inspector]* *(Reserved)*
*[(a) An applicant for licensure as an associate home inspector shall complete and submit to the Committee an application which will require information that the applicant:
1. Is of good moral character;
2. Has successfully completed high school or its equivalent;
3. Has successfully completed a home inspector course of study at a school approved by the New Jersey Department of Education;
4. Has performed at least 50 home inspections, including preparation of 50 home inspection training reports, as defined in N.J.A.C. 13:40-15.2, under the direct, on-site supervision of a licensed home inspector;
5. Has, as of December 31, 1999, passed the examination offered by the American Society of Home Inspectors (ASHI) or has, since January 1, 2000, passed the National Home Inspector Examination administered by the Examination Board of Professional Home Inspectors (EBPHI);
6. Maintain an errors and omissions insurance policy in the minimum amount of $ 500,000 per occurrence; and
7. Pay an application fee as set forth in N.J.A.C. 13:40-15.23.
(b) An applicant for licensure as an associate home inspector under this section shall retain copies of all home inspection training reports for a period of five years upon completion of the report.
(c) The Committee shall randomly audit applications to verify that applicants for licensure as an associate home inspector under this section performed at least 50 home inspections as required by (a)4 above. Applicants that are audited shall submit copies of home inspection training reports as requested by the Committee.]*
13:40-15.6 Requirements for initial licensure as home inspector
(a) An applicant for licensure as a home inspector shall complete and submit to the Committee an application which will require information that the applicant:
1.-2. (No change.)
*[3. Has successfully completed at least one year as a licensed associate home inspector as set forth in N.J.A.C. 13:40-15.5;]*
*3. Has successfully completed an approved course of study of 180 hours, as prescribed by the Board, after consultation with the New Jersey Department of Education, which shall include not less than 40 hours of unpaid field-based inspections in the presence of and under
the direct supervision of a licensed home inspector. The inspections shall be provided by the school administering the approved course of study; or*
4. Has performed at least 250 home inspections as defined in N.J.A.C. 13:40-15.2 *[as a licensed associate home inspector while employed by and subject to the regular and effective, direct supervision of a licensed home inspector]* for which the client was charged a fee. *The inspections shall be performed in the presence of and under the direct supervision of a licensed home inspector who oversees and takes full responsibility for the inspection and any report produced*;
5.-6. (No change.)
(b)-(c) (No change.)
13:40-15.7 *[Supervision of associate home inspectors]* *(Reserved)*
*[All associate home inspectors who are employed by a licensed home inspector shall be under the regular and effective, direct supervision of a licensed home inspector. A licensed home inspector need not be physically present during a home inspection but shall be accessible in the event questions arise, shall consult with the associate home inspector after each inspection to discuss any conclusions drawn from the inspection and shall review and co-sign the resulting home inspection report that is prepared by the associate home inspector.]*
13:40-15.8 Insurance requirement
(a) All licensed home inspectors and *[associate home inspectors]* engaged in the profession of home inspection shall maintain an errors and omissions insurance policy in the minimum amount of $ 500,000 per occurrence and file proof of the policy with the Committee.
(b) (No change.)
(c) Both the home inspector *[or the associate home inspector]* and the insurance company shall provide written notification to the Committee at least 10 days prior to the discontinuation of the errors and omissions policy.
13:40-15.9 Identification cards
(a) All licensed home inspectors *[and associate home inspectors]* shall, during the performance of a home inspection, carry an identification card issued by the Committee. The identification card shall contain the name, photograph, license number and signature of the person to whom the identification card has been issued.
(b) (No change.)
13:40-15.12 Reinstatement of suspended license
(a) An individual whose license has been suspended for nonpayment of a biennial renewal fee may be reinstated by the Committee, provided the applicant otherwise qualifies for licensure pursuant to N.J.S.A. 45:8-68 *[or 69]* and N.J.A.C. 13:40-*[15.5 or]* 15.6, and submits one of the following to the Board:
1. A certification or licensure in good standing from any other state or jurisdiction in which the applicant has practiced as a home inspector *[or associate home inspector]* during the period the license was suspended in this State;
2. An affidavit by the applicant stating that he or she has practiced as a home inspector *[or associate home inspector]* in a state or jurisdiction which does not require certification or licensure, during the period the license was suspended in this State; or
3. An affidavit stating that the applicant has not practiced as a home inspector *[or associate home inspector,]* in this or any other jurisdiction during the period the license was suspended in this State.
(b) An applicant who has practiced as a home inspector *[or an associate home inspector]* in the manner described in (a)1 or 2 above shall submit written verification, on a form provided by the Committee, from all of the applicant's employers. The verification shall document dates of employment from the date the New Jersey license was suspended to the date of application for reinstatement, and the name, address and telephone number of each employer.
(c) An applicant who has been practicing as a home inspector *[or associate home inspector]* in any manner described in (a)1 or 2 above during the period the license was suspended in this State shall submit proof that he or she has completed a minimum of 40 Committee-approved continuing education units pursuant to N.J.A.C. 13:40-15.13 in the two year period immediately prior to application for reinstatement.
(d) An applicant who has not practiced as a home inspector *[or associate home inspector]* during the period the license was suspended in this State shall meet the following requirements as a condition of reinstatement:
1.-3. (No change.)
(e) (No change.)
13:40-15.13 Change of address provision; service of process
(a) A licensed home inspector *[or licensed associate home inspector]* shall notify the Committee in writing of any change of address from that registered with the Committee and shown on the most recently issued certificate. Such notice shall be sent to the Committee by certified mail, return receipt requested, not later than 30 days following the change of address. Failure to notify the Board of any change of address may result in disciplinary action in accordance with N.J.S.A. 45:1-21(h).
(b)-(c) (No change.)
13:40-15.14 Continuing education requirements
(a) The Committee shall not issue a license renewal unless the applicant attests, when submitting the renewal application sent by the Committee, that he or she has completed courses of continuing professional education of the types and number of units specified in (b), (c) and (d) below. Falsification of any information submitted with the renewal application may result in penalties and/or suspension of the license pursuant to N.J.S.A. 45:1-21 through 25 and N.J.A.C. 13:40-15.20.
(b) (No change.)
(c) A licensee may obtain continuing education units from the following:
1.-2. (No change.)
3. Authorship of a textbook or manual directly related to the practice of home inspection in the State of New Jersey, provided the textbook or manual, as published, is at least 7,500 words in length;
4. Authorship of a published article related to the practice of home inspection in the State of New Jersey, provided the article, as published, is at least 250 words in length; and
5. Direct, on-site supervision of associate home inspectors and/or trainees during home inspections used for training purposes. To qualify for continuing education credit, a home inspection used for training purposes shall require at least one hour to complete and shall not be attended by more than two associate home inspectors and/or trainees in the aggregate.
(d) Credit for continuing education shall be granted as follows for each biennial registration period:
1.-2. (No change.)
3. Successful completion of correspondence, Internet or other distance learning courses approved by the Committee: one continuing education unit per hour of course instruction as determined by the Committee to a maximum of 10 units per biennial registration period;
4. Participation in instructional activities pursuant to (c)2 above: one continuing education unit per hour of program or course instruction to a maximum of 16 units per biennial registration period;
5. Authorship of a textbook or manual pursuant to (c)3 above: 10 continuing education units per textbook or manual to a maximum of 10 units per biennial registration period;
6. Authorship of a published article pursuant to (c)4 above: one continuing education unit per published article to a maximum of 10 units per biennial registration period; and
7. Direct, on-site supervision of associate home inspectors and/or trainees during training home inspections pursuant to (c)5 above: one continuing education unit per home inspection used for training purposes to a maximum of 16 units per biennial registration period.
(e) The Committee shall perform audits of randomly selected licensees to determine compliance with continuing education requirements. A licensee shall maintain the following documentation for a period of five years after completion of the continuing education units and shall submit such documentation to the Committee upon request:
1. (No change.)
2. The published item-for publication of manual, textbook, or article;
3. Documentation, including copy of curriculum, location, date and time of course, duration of course by hour, and letter from sponsor, confirming that the licensee developed or taught the course or program--for developing curriculum or teaching a course or program, including those for realtors and/or civic groups; and
4. Documentation, including the location, date and time, duration, a list of participants, and copies of all completed home inspection training reports--for each training home inspection directly supervised by the licensee.
(f) Waiver, extension or other modification of the continuing education requirements may be granted as follows:
1. The Committee upon receipt of a request for waiver, extension or other modification received at least 90 days prior to license renewal, may waive, extend or otherwise modify the continuing education requirements of this section on an individual basis for reasons of hardship, such as severe illness, disability, or military service; and
2. A licensee seeking a waiver, extension or other modification of the continuing education requirements shall apply to the Committee in writing which must be received at least 90 days prior to license renewal and set forth in specific detail the reasons for the request. The licensee shall provide the Committee with such supplemental materials as will support the request.
(g)-(i) (No change.)
13:40-15.15 Pre-inspection agreements
(a) A home inspector *[or associate home inspector]* shall send a pre-inspection agreement to a client or client's representative, by mail, facsimile, email or other means of delivery, no later than one business day after the appointment for the home inspection is made. The pre-inspection agreement shall be executed prior to the start of the home inspection. The pre-inspection agreement shall contain, at a minimum, the following information:
1.-6. (No change.)
7. A statement that home inspectors *[and associate home inspectors]* are governed by the rules in the New Jersey Administrative Code contained at N.J.A.C. 13:40-15 and that the licensee shall comply with these rules and failure to comply with the rules may subject the licensee to discipline; and
8. (No change.)
(b) (No change.)
(c) The pre-inspection agreement shall indicate whether the home inspector *[or associate home inspector]* will return at a later date to inspect any systems or components which are not inspected because of unforeseen circumstances at the initial home inspection and whether any additional fee will be charged for such subsequent inspection, and the amount of such fee, if any.
(d) (No change.)
13:40-15.16 Standards of practice
(a) All home inspectors *[and associate home inspectors]* shall comply with the standards of practice contained in this section when conducting home inspections. The scope of home inspection services performed in compliance with the requirements set forth in this section shall provide the client with objective information regarding the condition of the systems and components of the home as determined at the time of the home inspection.
(b) Nothing in this section shall be construed to require a home inspector *[or associate home inspector]* to:
1. Enter any area or perform any procedure which is, in the opinion of the home inspector *[or associate home inspector]*, unsafe and likely to be dangerous to the inspector or other persons;
2. Enter any area or perform any procedure which will, in the opinion of the home inspector *[or associate home inspector]*, likely damage the property or its systems or components;
3.-22. (No change.)
(c) Home inspectors *[and associate home inspectors]* shall:
1.-3. (No change.)
(d) Subsection (c) above is not intended to limit home inspectors *[or associate home inspectors]* from:
1. Inspecting or reporting observations and conditions observed in systems and components in addition to those required in (c)1 above and inspecting systems and components other than those mandated for inspection in (c)1 above as long as the inspection and reporting is based on the licensee's professional opinion, prior work experience, education and training, unless these standards of practice prohibit the home inspector *[or associate home inspector]* from inspecting such system or component;
2. Contracting with the client to provide, for an additional fee additional inspection services provided the home inspector *[or associate home inspector]* is educated, trained, certified, registered or licensed, pursuant to the provisions of N.J.A.C. 13:40-15.22 and other applicable statutes and rules; and
3. (No change.)
(e) When conducting the inspection of the structural components, the home inspector *[or associate home inspector]* shall:
1.-4. (No change.)
(f) When conducting the inspection of the exterior components, a home inspector *[or associate home inspector]* shall:
1.-2. (No change.)
(g) When inspecting the roof of a residential building, the home inspector *[or associate home inspector]* shall:
1.-4. (No change.)
(h) When inspecting the plumbing system, a home inspector *[or associate home inspector]* shall:
1.-2. (No change.)
(i) When inspecting the electrical system, a home inspector *[or associate home inspect]* shall:
1.-2. (No change.)
(j) When inspecting the heating system, a home inspector *[or associate home inspector]* shall:
1.-2. (No change.):
(k) When inspecting the cooling system, a home inspector *[or associate home inspector]* shall:
1. -2. (No change.)
(1) When inspecting the interior of a residential building, a home inspector *[or associate home inspector]* shall:
1. (No change.)
(m) When inspecting the insulation components and ventilation system of a residential building, the home inspector *[or associate home inspector]* shall:
1.-2. (No change.)
(n) When inspecting fireplaces and solid fuel burning appliances, a home inspector *[or associate home inspector]* shall:
1.-2. (No change.)
13:40-15.17 Mandatory tools and equipment
(a) All home inspectors *[and associate home inspectors]* shall, during the performance of a home inspection, be equipped with the following minimum tools and equipment:
1.-12. (No change.)
(b) This section is not intended to establish an exclusive list of tools and equipment to be used during the performance of a home inspection. A home inspector *[or associate home inspector]* may utilize any other tools or equipment which in the licensee's professional judgment believes is necessary to adequately perform a home inspection.
13:40-15.18*[.]* Advertising; identification of licensee
(a)-(e) (No change.)
(f) All commercial vehicles used by a home inspector *[or an associate home inspector]* shall be marked on both sides with the following information:
1.-3. (No change.)
(g) All home inspectors *[and associate home inspectors]* who utilize a non-commercial vehicle during the performance of a home inspection shall display on the dashboard of the vehicle a placard issued by the Division which contains the name of the inspector, the inspector's license number and the name of the home inspection business.
(h) (No change.)
13:40-15.19 Prohibited practices
(a) It is a prohibited practice for a home inspector *[or associate home inspector]* to do any of the following:
1.-17. (No change.)
18. Employ any person as a home inspector *[or associate home inspector]* who is not licensed as a home inspector *[or associate home inspector]*;
*[19. Fail to supervise an associate home inspector or a person who is training to be an associate home inspector;]*
*[20.]* *19.* Practice as a home inspector *[or associate home inspector]* without a license, with a suspended license or during inactive status;
Recodify existing 21.-24. as *20.-23.* (No change in text.)
(b) (No change.)
13:40-15.20 Suspension, revocation or refusal to renew license
(a)-(b) (No change.)
(c) The Committee may order a licensed home inspector *[or associate home inspector]* to complete continuing education units as all or part of the civil penalty imposed for disciplinary measures.
(d)-(e) (No change.)
13:40-15.21 Requirements for licensure as a home inspector *[or associate home inspector]* by comity
(a) Any person with a valid registration, certification, or license issued by another state or possession of the United States or the District of Columbia may, upon the submission of an application provided by the Committee and payment of the fee in N.J.A.C. 13:40-15.23, be issued a license as a home inspector *[or associate home inspector whichever applies to the applicant's experience at the time of application]*, provided that:
1.-3. (No change.)
13:40-15.22 Inspection services requiring additional experience, education, training, or license or certification
(a) A licensed home inspector *[or licensed associate home inspector]* may perform the following additional inspection services if the licensee has the experience, education, training, license or certification indicated:
1.-10. (No change.)
13:40-15.23 Fee schedule
(a) The Committee shall charge the following fees:
1. Application fee:
i. Home inspector $ 125.00
*[ii. Associate home inspector 25.00]*
2. Initial license fee:
i. Home inspector 500.00
ii. Issued during the second year of a biennial 250.00 renewal period
*[iii. Associate home inspector 350.00
iv. Issued during the second year of a biennial 175.00]* renewal period
3. Renewal license fee:
i. Home inspector 500.00
*[ii. Associate home inspector 350.00]*
*[iii.]* *ii.* (No change in text.)
4.-6. (No change.)
*13:40-15.24 Issuance of home inspector license based on associate home inspector license or experience
(a) By April 26, 2006, persons holding an associate home inspector's license before April 26, 2006, may apply for licensure as a home inspector by completing and submitting to the Committee an application showing that the associate home inspector:
1. Had been engaged in the practice of home inspections for compensation for at least three years prior to December 30, 2005 and had performed at least 300 home inspections for compensation prior to December 30, 2005; or
2. Had performed at least 400 home inspections for compensation prior to December 30, 2005.
(b) Upon application submitted by April 26, 2006, the Committee shall issue a home inspector license to any person who:
1. Has submitted an application for an associate home inspector license that has been approved by the Committee before December 30, 2005; or
2. Has satisfied the requirements of N.J.S.A. 45:8-69 and N.J.A.C. 13:40-15.5 and has completed not less than 40 hours of unpaid field-based inspections in the presence of and under the direct supervision of a licensed home inspector before December 30, 2005.*
