New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 40 - STATE BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Subchapter 5 - PROFESSIONAL LAND SURVEYORS; PREPARATION OF LAND SURVEYS › Section 13:40-5.1 - Professional land surveyors; preparation of land surveys

Current through Register Vol. 56, No. 14, July 15, 2024
(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.
(b) Prior to conducting a survey, the licensed professional 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, but shall not rely on a tax map for purposes of defining metes and bounds.
(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 professional land surveyor shall either perform the field survey or exercise sufficient supervision of the work as 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 under (d)2 below, shall be set either by the licensed professional land surveyor or under the supervision of the licensed professional 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 professional 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. 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:
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; and
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 full 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, where required to be set pursuant to the "Recordation Act" at N.J.S.A. 46:26B-3, 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 full 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.