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STUDY & RESOURCE MANUALFOR 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.

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EES 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 MeasurementsEXAM 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) Blacks 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 .. Rule and Statutes of Relevance to New Jersey Professional Land Surveyors and Engineers. Prepared by the Garden State Land Surveyors Alliance, Inc ..... The New Jersey Riparian Rights Hand Book . The bulkhead Book . 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. .. Notes and Definitions Relevant New Jersey Case Law . Historical Perspective on the Road Return Atlases NJDEP Wetlands Title 13 .. Appendix - February 21, 2006, Rule Adoptions 5 6 7 8 9 10 1

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Reference Section 1New Jersey State Board of Professional Engineers and Land Surveyors Statutes, Rules and Regulations

Office of the Attorney GeneralDivision of Consumer Affairs State Board of Professional Engineers and Land Surveyors Statutes and Regulations

AS OF MAY 2005

INTERNET - 5/05

TABLE OF CONTENTS

NEW JERSEY STATUTES

GENERAL PROVISIONSN.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

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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 ..................................................................................................................................... 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

MAJOR SUBDIVISION PLATS

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PROFESSIONAL ENGINEERS TITLE 45. PROFESSIONS AND OCCUPATIONSSUBTITLE 1.PROFESSIONS AND OCCUPATIONS REGULATED BY STATE BOARDS OF REGISTRATION AND EXAMINATION CHAPTER 1. GENERAL PROVISIONS ARTICLE 1.GENERAL PROVISIONS RELATING OCCUPATIONS AFFECTED BY THIS SUBTITLE TO ALL PROFESSIONS AND

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 or regulated by the provisions of this title by virtue of any prior law, shall continue to be entitled to practice or engage in the same, notwithstanding the enactment of this title, and the validity of a...