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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.

1
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 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
Office of the Attorney General
Division 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 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

1
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

2
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 AND


OCCUPATIONS 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 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 any
license 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 a
license or authorization shall not be affected by the enactment of this title but all such persons shall in
all 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 OF


REGISTRATION 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 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 New Jersey Real Estate
Commission, the State Board of Shorthand Reporting, the State Board of Veterinary Medical
Examiners, the Radiologic Technology Board of 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 Public Movers and
Warehousemen and the State Board of Physical Therapy Examiners.

45:1-2.2. Appointment of members by governor; public members; member from department in


executive branch; quorum; vote necessary for action
a. All members of the several professional boards and commissions shall be appointed by the
Governor in the manner prescribed by law; except in appointing members other than those

3
appointed pursuant to subsection b. or subsection c., the Governor shall give due consideration
to, but shall not be bound by, recommendations submitted by the appropriate professional
organizations of this State.
b. In addition to the membership otherwise prescribed by law, the Governor shall appoint in the
same manner as presently prescribed by law for the appointment of members, two additional
members to represent the interests of the public, to be known as public members, to each of the
following boards and commissions: The New Jersey State Board of Accountancy, the New
Jersey 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 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 Examin-
ers, the New Jersey Real Estate Commission, the State Board of Shorthand Reporting, the State
Board of Social Work Examiners, and the State Board of Veterinary Medical Examiners, and
one additional public member to each of the following boards: the Board of Examiners of
Electrical Contractors, the State Board of Marriage and Family Therapy Examiners, the State
Board of Examiners of Master Plumbers, and the State Real Estate Appraiser Board. Each
public member shall be appointed for the term prescribed for the other members of the board or
commission and until the appointment of his successor. Vacancies shall be filled for the
unexpired term only. The Governor may remove any such public member after hearing, for
misconduct, incompetency, neglect of duty or for any other sufficient cause.
No public member appointed pursuant to this section shall have any association or relationship
with the profession or a member thereof regulated by the board of which he is a member, where such
association or relationship would prevent such public member from representing the interest of the
public. Such a relationship includes a relationship with members of one’s immediate family; and such
association includes membership in the profession regulated by the board. To receive services rendered
in 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 of
this act.
It shall be the responsibility of the Attorney General to insure that no person with the
aforementioned association or relationship or any other questionable or potential conflict of interest
shall 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 for
licensure or to test such applicant orally, no public member appointed pursuant to this section shall
participate in such examination process; provided, however, that public members shall be given notice
of 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 of
the procedures and criteria for such examination processes.
c. The Governor shall designate a department in the Executive Branch of the State Government
which is closely related to the profession or occupation regulated by each of the boards or
commissions designated in section 1 of P.L.1971, c. 60 (C. 45:1-2.1) and shall appoint the head
of such department, or the holder of a designated office or position in such department, to serve
without compensation at the pleasure of the Governor as a member of such board or
commission.

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d. A majority of the voting members of such boards or commissions shall constitute a quorum
thereof and no action of any such board or commission shall be taken except upon the
affirmative 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 boards
or 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 of
their 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 effective
date 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 any
other law:
a. The officers and members shall be compensated on a per diem basis in the amount of $25.00 or
an 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 actual
expenses reasonably incurred in the performance of their official duties. Such moneys shall be
paid according to rules and regulations promulgated by the Attorney General.
b. The executive secretary shall receive such salary as shall be determined by the appointing
authority within the limits of available appropriations and shall serve at its pleasure. Any such
executive secretary who holds a certificate, license or registration issued by the board or
commission by which he is employed shall not during such employment be permitted to engage
in 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 maintain
within any public building, whether owned or leased by the State, suitable quarters for the
board’s or commission’s office and meeting place, provided that no such office or meeting
place shall be within premises owned or occupied by an officer or member of such board or
commission.
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, who
shall be compensated pursuant to R.S.45:15-6 or to members of the State Board of Medical
Examiners who shall receive compensation of $150 per diem.

5
45:1-2.6. Inapplicability of act to rights under civil service or any pension law or retirement
system
Nothing in this act shall deprive any person of any tenure rights or of any right or protection
provided him by Title 11 of the Revised Statutes, Civil Service,π or any pension law or retirement
system.
1
Now 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 actual
traveling and other expenses incurred in the performance of his duties, which sum shall be paid from
the license fees and other sources of income of such boards. Such boards shall also be entitled to
expend from their income such sums as shall be necessary to defray all proper expenses incurred by
them in the performance of their duties, including the compensation of any of their officers or agents
whom they are authorized to compensate. Such boards, if authorized to collect an annual registration or
license fee from persons licensed by them, may retain in their treasuries the fees so collected and use
the same for the purpose of defraying the expenses of securing evidence against and prosecuting
persons violating the provisions of the laws with the enforcement of which they are charged, or, in case
the revenue of the boards from other sources shall be insufficient to pay the salary of their secretaries
and their other expenses, such fees may be expended for such purposes. Such boards shall be entitled to
retain, in addition to the above, at least one hundred dollars in their treasuries for the purpose of
preparing and holding their examinations. On or before October thirty-first in each year such boards
shall pay to the state treasurer all moneys remaining in their treasuries, except as above stated, which
sum, when so paid, shall form a part of the state fund. Such boards shall keep accurate accounts of their
receipts and expenditures, which accounts shall be subject to audit by the state comptroller.
1
Repealed; 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 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 Radiologic Technology Board of Examiners, the
Acupuncture Examining Board, the State Board of Chiropractic Examiners, the State Board of
Respiratory Care, the State Real Estate Appraiser Board , the New Jersey Cemetery Board, the State
Board 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 by
rule; 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, prescribe
or change the charges for examinations, licensures and other services it performs, which rule shall first

6
be approved by the head of the department to which such board or commission is assigned and shall be
adopted 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 section
shall be established, prescribed or changed to such extent as shall be necessary to defray all proper
expenses incurred by the board or commission in the performance of its duties but such charges shall
not be fixed at a level that will raise amounts in excess of the amount estimated to be so required.
1
N.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 modify
administrative 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 assessed
to licensees, registrants or holders of certificates, as the case may be, for board functions that are not
unique to a particular board but are uniform throughout all boards. Administrative fees include, but are
not 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 a
member thereof, shall be entitled to receive such reasonable salary or compensation for his services as
secretary as shall be fixed by such boards, which shall be paid by the boards from their receipts, unless
an appropriation is made for the expenses of such boards, in which case the same shall be paid from
such appropriation.
1
Repealed. 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 the
contrary, all professional or occupational licenses or certificates of registration, except such licenses or
certificates issued to real estate brokers or salesmen pursuant to chapter 15 of Title 45, which prior to
the 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 shall
be issued for periods of three years and be triennially renewable; provided, however, the boards or
commissions in charge of the issuance or renewal of such licenses or certificates may, in order to
stagger the expiration dates thereof, provide that those first issued or renewed after the effective date of
this act, shall expire and become void on a date fixed by the respective boards or commissions, not
sooner 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 for
periods of less or greater than one year shall be in amounts proportionately less or greater than the fees
established by law.

7
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 and
sections 6 and 7 of P.L.1999, c. 403 (C.45:1-7.2 et al.) shall apply to every holder of a
professional or occupational license or certificate of registration or certification issued or
renewed by a board specified in section 2 of P.L. 1978, c. 73 (C.45:1-15), who seeks renewal of
that license or certificate.
b. Every holder of a professional or occupational license or certificate of registration or
certification, 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 of
expiration of the license or certificate of registration or certification. If the holder does not
renew the license or certificate prior to its expiration date, the holder may renew it within 30
days of its expiration date by submitting a renewal application and paying a renewal fee and a
late fee. Any professional or occupational license or certificate of registration or certification
not 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 or
certification after 30 days following its expiration date shall be deemed to be engaged in
unlicensed practice of the regulated profession or occupation, even if no notice of suspension
has been provided to the individual.
d. A professional or occupational license or certificate of registration or certification suspended
pursuant to this section may be reinstated within five years following its date of expiration upon
submission of a renewal application and payment of an additional reinstatement fee. An
applicant seeking reinstatement of a license or certificate suspended pursuant to this section
more than five years past its expiration date shall successfully complete the examination
required for initial licensure, registration or certification and submit a renewal application and
payment 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 to
each of its holders of a professional or occupational license or certificate of registration or
certification, as applicable, at least 60 days prior to the expiration of the license or 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 holder for failure to renew.

45:1-7.2. Reinstatement
A board may reinstate the professional or occupational license or certificate of registration or
certification of an applicant whose license or certificate has been suspended pursuant to section 5 of
P.L.1999, c. 403 (C.45:1-7.1), provided that the applicant otherwise qualifies for licensure, registration
or 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 of
each employer; and

8
d. If applicable, satisfactory proof that the applicant has maintained proficiency by completing the
continuing education hours or credits required for the renewal of an active license or certificate
of registration or certification.

45:1-7.3. Renewal applications


a. Renewal applications for all professional or occupational licenses or certificates of registration
or certification shall provide the applicant with the option of either active or inactive renewal. A
renewal applicant electing to renew as inactive shall not engage in professional or occupational
practice within the State.
b. An applicant who selects the inactive renewal option shall remain on inactive status for the
entire renewal period unless, upon application to the board, the board permits the inactive
applicant to return to active status provided such applicant presents satisfactory proof that he
has maintained proficiency by completing the continuing education hours or credits required
for the renewal of an active license, registration or certification, if applicable. The continuing
education hours or credits shall be completed by the applicant within three years prior to the
date 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.
1
Renumbered 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 or
surgery, 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 third
party payors the name and address of such laboratory and the net amount or amounts paid or to be paid
to 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 for
filing
Effective 12 months after the adoption of regulations establishing standard health care enrollment
and claim forms by the Commissioner of Banking and Insurance pursuant to section 1 of P.L.1999, c.
9
154 (C.17B:30-23), a health care professional licensed pursuant to Title 45 of the Revised Statutes is
responsible for filing all claims for third party payment, including claims filed on behalf of the licensed
professional’s patient for any health care service provided by the licensed professional that is eligible
for third party payment, except that at the patient’s option, the patient may file the claim for third party
payment.
a. In the case of a claim filed on behalf of the professional’s patient, the professional shall file the
claim within 60 days of the last date of service for a course of treatment, on the standard claim
form 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, the
professional shall file the claim within 180 days of the last date of service for a course of
treatment, on the standard claim form adopted by the Commissioner of Banking and Insurance
pursuant to section 1 of P.L.1999, c. 154 (C.17B:30-23). If the professional does not file the
claim within 180 days of the last date of service for a course of treatment, the third party payer
shall reserve the right to deny payment of the claim, in accordance with regulations established
by the Commissioner of Banking and Insurance, and the professional shall be prohibited from
seeking any payment directly from the patient.
(1) In establishing the standards for denial of payment, the Commissioner of Banking and
Insurance shall consider the good faith use of information provided by the patient to the
professional with respect to the identity of the patient’s third party payer, delays in filing
a claim related to coordination of benefits between third party payers and any other
factors the commissioner deems appropriate, and, accordingly, shall define specific
instances 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 has
been denied by the third party payer in accordance with this subsection may, in the
discretion of a judge of the Superior Court, be permitted to refile the claim if the third
party payer has not been substantially prejudiced thereby. Application to the court for
permission to refile a claim shall be made within 14 days of notification of denial of
payment and shall be made upon motion based upon affidavits showing sufficient reasons
for 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 be
subject to a civil penalty of $250 for each violation plus $50 for each day after the 60th day that
the provider fails to submit a claim. The penalty shall be sued for and collected by the
Division of Consumer Affairs in the Department of Law and Public Safety pursuant to “”the
penalty 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 for


completion of claim form for health insurance; fine; collection and enforcement
No podiatrist, optometrist or psychologist and no professional service corporation engaging in the

10
practice of podiatry, optometry or psychology in this State shall charge a patient an extra fee for
services 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 Penalty
Enforcement 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 or
warrant and shall issue in the name of the State, upon the complaint of the State Board of Medical
Examiners with respect to podiatrists, the New Jersey State Board of Optometry for optometrists or the
State 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 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.

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 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.

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 “”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.

11
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
1
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.
1
N.J.S.A. § 45:1-15.
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 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 and
regulations shall govern administrative complaints, answers thereto, issuance of subpenas, ap-
pointment 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 gov-
erning 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 occupa-
tional licensing agency, board or committee located within the division and prior to the
issuance of any 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
12
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.

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 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 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.

13
45:1-19. Failure or refusal to file statement or report, refusal of access to premises or failure to
obey subpena; 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 subpena 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 subpena or
investigative demand is effected.

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.

45:1-21. Grounds for refusal to admit to examination or denial, suspension or revocation of any
certificate, registration or license; definitions
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;
14
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. ÇFor purposes of this subsection, the
term “”presently’’ means at this time or any time within the previous 365 days;
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 check-
list, 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.

15
“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 education


seminars; costs; information deemed public records
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).
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.).

45:1-21.2. Suspension of certain licenses; hearing


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.

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 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 caren 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.

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 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;

16
b. Assess civil penalties in accordance with this act;
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 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 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 deter-
mined 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 hear-
ing 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.
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 witnesses
or the production of books, records, or documents at the hearing on the complaint.

17
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.

45:1-24. Failure to comply with order of board directing payment of penalties or restoration of
moneys or property; enforcement
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. There-
upon 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 Act, (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 defen-
dant 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.

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 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;

18
(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 pursu-
ant 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.

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 effect
without the invalid provision or application, and to this end the provisions of this law are severable.

19
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 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.1
Nothing herein, except as provided in section 5 of this act,2 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.
1
N.J.S.A. § 45:4B-7.
2
N.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 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.
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 act2
20
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 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 purpose
human 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 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 ser-
vices 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 profes-
sional services are rendered, except for the 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 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.
1
N.J.S.A. § 45:4B-7.
2
N.J.S.A. § 45:4B-4.

21
45:4B-4. Joint committee of architects and engineers; members; appointment; alternate
members; quorum; meetings; compensation
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 respec-
tive 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 gubernato-
rial 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 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 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).
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.

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 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,
22
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 act1 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 architec-
tural 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 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.
π
N.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 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.
45:4B-7. Classification of buildings and structures by use into use groups
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%611987, 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 UseGroup Architects May Design Engineers May Design
Classification
A—Assembly AllA—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 AllExcept an Engineering Work All

23
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.

45:4B-8. Provision of architectural and engineering services by sole proprietor or business


association authorized to render engineering services; contract; 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 indepen-
dent professional and not as an employee of a sole proprietor or business association
which may by 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:

24
(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 business
association authorized to render architectural services; contract; 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.

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 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 profes-
sional 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;

25
(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 licensee
exercised regular and effective supervision of any professional services of which he or she was in
responsible charge.

45:4B-12. Prohibition of use of title “”architect’’ or description “”architectural services’’ by


engineer
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,1 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.
1
N.J.S.A. §§ 45:4B-7 or 45:4B-8.
45:4B-13. Prohibition of use of title “”engineer’’ or description “”engineering services’’ by
architect
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,1 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.
1
N.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 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. 45:1Ñ14 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.
1
N.J.S.A. § 45:4B-5.

26
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 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. ÖÖ). 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......).
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.).

27
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.

45:8-28. Definitions
(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 comple-
tion 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 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.
28
(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 profes-
sional 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.
(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;
29
(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 pur-
suant 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 exami-
nation in the fundamental surveying subjects, approved by the board pursuant to section 9
of 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 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. ÇThereafter, 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

30
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 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 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 effec-
tive 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.

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 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. 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 two
appointees 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 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.

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
31
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.

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 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 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.

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.

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.

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 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 knowledge of the applicant’s
engineering experience.

32
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
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 professiona
l engineer; provided that the minimum requirements for examination and license by the issuing

33
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 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 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 survey-
ing 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 appli-
cant 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 satis-
factory 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 require-
ments 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
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 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 land
surveying of four years or more; and successfully passing the fundamentals portion of a
board approved written examination.

34
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 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 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’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.

35
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 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.

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
36
applicant shall be examined, according to the limitation herein provided, at a regularly conducted
examination for applicants for license as professional engineer.

45:8-35.2. Licensed land surveyors; continuing professional competency credits required for
certification
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,1 during each
biennial 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, including
the subject matter and content of courses of study, which shall be in conformity with a
national 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.

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 continuing
professional competency requirements; and
b. Establish procedures to evaluate and grant approval to providers of continuing professional
competency 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 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.

37
45:8-35.6. Initial registration; completion of continuing professional competency credits not
required
The board shall not require completion of land surveying continuing professional competency credits
for 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 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 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.

45:8-35.8. Proof of completion of credits


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.1
1
N.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 requirements
established pursuant to section 1 of this act1 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.).
1
N.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 professional
competency credits to the next biennial certification period.

45:8-36. License certificate; issuance; content; seal; sealing of documents; prior licensees; record
of licenses; Engineer-in-Training or Surveyor-in-Training
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 evi-
dence 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.
38
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 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 lic-
ensee 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 satis-
factory 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.

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 et
seq.) 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 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 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.
39
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 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 (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 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).

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 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, 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 delin-
quency 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.

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

40
45:8-39. Practice without license and other violations; penalties; enforcement; powers of board
pursuant to Building Design Services Act
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,1 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
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.
1
N.J.S.A. § 45:8-40.
41
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.
(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.
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.
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.
42
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.
45:8-43. Filing of name of engineer engaged by governmental departments; employment
of engineers and surveyors; inapplicability of chapter to corporations in field of
telecommunications
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 noth-
ing 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.
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 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
43
b. The land or any part thereof, to which entry is sought, is not enclosed by a constructed or
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.

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.

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.

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.

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 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 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.

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 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
44
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.

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 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 acts
inconsistent 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 land
surveying services; signature and seal on final documents
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
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.

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 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.

45
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 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.).

45:8-59. Records of licensee


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.

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 or
officers by reason of compliance with the provisions of P.L.1989, c. 276 (C. 45:8-56 et al.).

46
CHAPTER 8B. CONDOMINIUMS

46:8B-8. Method of creation


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.

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.

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 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.

47
(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 limita-
tions 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.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 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.

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.

48
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 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.
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.

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-
49
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 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 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 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.
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 bound-
aries shown thereon, including public easements and areas dedicated for public use. NonÑtangent
curves 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 of
way 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 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 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 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 encroach-
ment lines shall be shown. On right of way parcel maps all easements that affect the right of

50
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.
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 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, 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.
.................................................................................................................

51
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 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 or
dinances 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

52
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 professional
land surveyor or firm. They shall be firmly set in the ground so as to be visible at the following
control points; provided that in lieu of installation of the monuments, the municipality may
accept bond with sufficient surety in form and amount to be determined by the governing body,
conditioned upon the proper installation of said monuments upon the completion of the grading
of the streets and roads shown on the map.
(1) At each intersection of the outside boundary of the whole tract, with the right-of-way line
of any side of an existing street.
(2) At the intersection of the outside boundary of the whole tract with the right-of-way line on
one side of a street being established by the map under consideration.
(3) At one corner formed by the intersection of the right-of-way lines of any 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 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 1 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. ÇComplete 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 2 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 val-
ues 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.
(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.

53
(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 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 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.

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 act1 in
order to be accepted for filing..
1
N.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 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.

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’’
54
(approved August 10, 1953, P.L.1953, c. 358)1 are hereby repealed.
1
N.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 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 publi-
cation 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 municipal-
ity 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 shall be
acceptable 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 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.

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 subdivisions 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
55
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 theretofore conveyed or liened, which approval shall be stated
in the resolution adopted by the governing body approving such maps.

56
CHAPTER 40
STATE BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS

SUBCHAPTER 1. TITLE BLOCKS AND SEALS FOR PROFESSIONAL ENGINEERS AND LAND
SURVEYORS

13:40-1.1. Sealing documents


(a) All sealing of documents shall 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 profes-
sional 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 simi-
lar 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.
(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 pre
liminary 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 any
similar device of illustration or lettering.

57
(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 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 when
signed; 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 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 draftsmen or checker, and dates, drawing
numbers, revision numbers and such similar incidental items are as 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 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 that
profession.

58
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 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.
(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. The
application shall be held and reviewed for the subsequent scheduled examination, provided that all the
required materials are postmarked and sent to the Board office by the deadline prescribed for that
examination.

13:40-2.3. Cancellation of application; reapplication


(a) All applications to take an examination for licensure submitted after May 15, 2000 shall
be 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 the
reapplication is approved, the application shall be deemed valid for five years from the
date of reapproval.
(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 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 the
Board.

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 the
following to the Board:
1. A completed application which contains information concerning the applicant’s educational
and experiential background;

59
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 set
forth 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 official
language 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 or
engineering technology shall be permitted 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. 13:40-2.8;
2. The Board receives a letter from the applicant’s school indicating that the applicant is currently
enrolled as a senior in good academic standing;
3. The Board receives an official transcript from the applicant’s school indicating the courses
completed 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 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.
(c) To be eligible to sit for the fundamentals of engineering examination, an applicant who
has received an engineering degree from a college or university not located in the United
States shall have two years of professional engineering experience which has been gained
under 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 the
Board:
1. A completed application which contains information concerning the applicant’s educational
and 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 set
forth 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 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;
60
2. Part P—Principles and Practices of Engineering (this portion of the examination shall be taken
after 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 the
following to the Board:
1. A completed application which contains information concerning the applicant’s educational
and 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 set
forth 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 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) An applicant in their 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 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 currently
enrolled as a senior in good academic standing;
3. The Board receives an official transcript from the applicant’s school indicating the courses
completed 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 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.
(c) To be eligible to sit for the fundamentals of land surveying examination, an applicant who
has received a land surveying degree from a college or university not located in the United
States shall have two years of professional land surveying experience which has been
gained under the regular and effective supervision of a land surveyor licensed in the United
States.

61
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 educational
and 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 set
forth 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 the
official 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-part
examination consisting of:
1. Part F—Fundamentals of Land Surveying;
2. Part P—Principles and Practices of Land Surveying (this portion of the examination shall be
taken 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 after
the 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 examination
for 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 Board
and 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 approved
by the Board and shall consist of the following minimum requirements:

62
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 and
foundations, 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 rounded
technology 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 States
shall 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 approved
by the Board shall not be accepted.
(e) Transcripts shall be sent directly from the applicant’s school and shall contain an official
registrar’s seal.
(f) An applicant with a non-United States degree who has documented that due to political or
economic sanctions the applicant is unable to have the transcript sent directly from the
school to the Board or its designee shall submit his or her original transcript to the
Board-approved transcript review service. The applicant shall also provide a literal, ver-
batim English translation, certified to be accurate by a certified translator. The applicant
shall also comply with all information requests by the Board-approved transcript review
service.

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 the
applicant.
(b) Land surveying curriculum shall not be accepted for licensure unless approved by the
Board 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 Information
System (GIS), Land Information System (LIS), photogrammetry and remote sensing, map
projection and coordinate systems;

63
(2) The following topics shall be incorporated in the surveying and mapping practice
requirements and shall constitute a minimum of 15 of the required 45 semester hours. Of
these required 15 semester hours, nine semester hours shall be spent on design and field
exercises in the above mentioned course materials, legal systems and legal research. Six
semester 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 States
shall have their degree evaluated by a transcript review service selected and approved by
the Board. Reviews by services other than those selected and approved by the Board shall
not be accepted.
(d) Transcripts shall be sent directly from the applicant’s school and shall contain an official
registrar’s seal.
(e) An applicant with a non-United States degree who has documented that due to political or
economic sanctions the applicant is unable to have the transcript sent directly from the
school 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, verbatim
English translation, certified to be accurate by a certified translator. The applicant shall
also comply with all information requests by the Board-approved transcript review
service.

13:40-2.10. Experience requirements; professional engineer


(a) An applicant for a professional engineering license who is applying to sit for the
principles and practices exam shall have four years of professional experience that the
Board determines is consistent with the requirements of N.J.S.A. 45:8-28(b) which shall
be 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 the
Board determines has demonstrated increased responsibility and increased technical expertise
over time.
(b) Completion of a master’s degree in engineering may be substituted for one year of the
required professional experience required by (a)1 above.
1. A master’s degree in engineering shall not be substituted for the original engineering design
experience required by (a)2 above.
(c) Completion of a doctorate degree in engineering may be substituted for an additional year
of the required professional experience required by (a)1 above.
1. A doctorate degree in engineering shall not be substituted for the original engineering design
experience required by (a)2 above.
(d) Experience prior to graduation from a Board approved program will be evaluated by the
Board 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 by
the Board.

13:40-2.11. Experience requirements; land surveyor


(a) An applicant for a land surveying license shall obtain at least three years of experience
that the Board determines is consistent with the requirements of N.J.S.A. 45:8-28(e) which
shall be original land surveying experience that the Board determines has demonstrated
increased responsibility and increased technical expertise over time. All experience shall
be gained in the United States under the regular and effective supervision of a licensed
land surveyor.
(b) Completion of a master’s degree in land surveying may be substituted for one year of the
required professional experience.
(c) Completion of a doctorate degree in land surveying may be substituted for an additional
year of the required professional experience.
(d) Experience prior to graduation from a Board approved program shall be evaluated by the
Board on a case-by-case basis if experience is gained under the regular and effective
supervision of a licensed land surveyor, 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 by
the Board.

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 at the time of application in engineering
work that the Board determines is consistent with the requirements of N.J.S.A. 45:8-28(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) 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 at
least 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 at
least three shall be licensed professional engineers in the United States having direct personal
knowledge 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 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 re-
quires 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.
3. Surveyor-in-training applicants: A minimum of three references shall be required of whom at
least one shall be a licensed land surveyor in the United States and have personal knowledge of
the applicant’s experience or training.
4. Professional land surveyor applicants: A minimum of five references shall be required, of which
at least three shall be licensed professional land surveyors in the United States having direct
personal knowledge of the applicant’s experience or training. The professional references for
that portion of the applicant’s experience constituting the minimum experience required for
licensure shall be licensed professional 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 experi-
ence, 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
land 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 official
language is other than English, prior to taking the examination shall submit to the Board
a TOEFL (Test of English as a Foreign Language) certificate with a minimum score of
233 or its equivalent and a TSE (Test of Spoken English) with a minimum score of 50 or
its 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 undergraduate
degree from a college or university in a country where the official language is other than
English;
2. An applicant who has received an undergraduate degree from a foreign country where the
official language is English; or
3. An applicant who has received a graduate degree from a college or university located in the
United 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 required
by N.J.A.C. 13:40-2.1, 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 N.J.A.C. 13:40-6.1(a)2. The
choice of examination date must be postmarked and mailed to the Board office by the
deadline 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 provided
that education, experience, and examination requirements for licensure by the issuing
agency are comparable to the requirements of the State of New Jersey at the time of the
applicant’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 any
state, territory or country.
(b) The out-of-State license relied upon by an applicant for purposes of comity licensure in
New 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 Jersey
must be in good standing whether active or inactive, in order for licensure pursuant to
N.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 office
from the National Council of Examiners for Engineering and Surveying. The applicant
shall complete the personal data portion of the Board application form in its entirety. The
record 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, fundamentals
of land surveying examination, or the principles and practices of engineering and/or land
surveying and the New Jersey Land Surveying examination, may request that his or her
examination be hand-scored and review the score tabulations of the examination. The
applicant 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 may
not retain or photocopy any of the materials provided during the review of the
examination.
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(c) All requests for scoring or review must be made in writing within 30 days of the postmark
of 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 faithful
agent 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 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.
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.

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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 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. 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.
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.
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).

69
(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. 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 may
apply 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 by
the Board and the application fee in the amount set forth at N.J.A.C. 13:40-15.23. The
licensed professional engineer shall document through submission of the application that
the engineer possesses the requisite training, education and experience to conduct home
inspections 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 to
determine whether the engineer is qualified to perform a home inspection pursuant to the
requirements of (b) above. If the Board determines that the applicant is qualified to
perform home inspections, the Board shall refer the application to the Home Inspection
Advisory 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 professional
engineer shall be subject to the license fees set forth in N.J.A.C. 13:40-15.23 and shall
perform home inspections in accordance with the rules of the Committee as set forth in
N.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 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 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, 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. ÇThe licensed 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 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.
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. ÇWhen 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;
ix. Plastic stakes.

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The above described marker requirements do not apply to intermediate points set on line or for
random traverse points.
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 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 instal-
lation 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 monu-
ment 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. 13:40-2.1 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;
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 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 limita-
tions 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 contractual agreements with the client so provide:
1. Areas of established city lots 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 sur-
veyor. 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 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 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. 45:8-38.
(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), 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 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 one
copy of the roster of licensed professional engineers and land surveyors. Additional copies, if
and when available, may be purchased at a fee of $20.00 each.
13. Fees shall be nonrefundable and nontransferable.

75
14. Any applicant who is required under N.J.A.C. 13:40-2 to have his or her degree evaluated must
pay 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 or
money order the actual cost of the review or tabulation.
(b) For a Certificate of Authorization issued pursuant to P.L. 1989, c.276, general business
corporations 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.

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

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, engineer, or certified landscape architect.
(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.

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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 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 surveyors, 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 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) Originals of records shall remain in possession of the professional engineer or land
surveyor unless otherwise provided by statute or written contractual agreement.
(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 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.

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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 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 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.

SUBCHAPTER 10. CONTRACT TO PROVIDE PROFESSIONAL SERVICES; CERTIFICATION OF


AUTHORIZATION

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
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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 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 respon-
sible 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 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 requirements
set 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 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 for
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. 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/technical
development in seminars, conferences or workshops. A PDH is the common denominator for other
units of credit.

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 eight PDHs may be carried over into a succeeding biennial renewal
period.

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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 provisions 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-ap-
proved 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 from the course or program any licensee who is not a member of the
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 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 continuing
education 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 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, work-
shops 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 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;
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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 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.
(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, in 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

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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 required
at 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 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, shall have the purpose and objective to maintain, improve or expand
skills and knowledge or enhance skills and knowledge in ethics and business practices
related to the profession of land surveying, and shall be:
1. A formal course of learning which contributes directly to the maintenance of professional
competence 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.
(c) Courses which meet the requirements set forth in (a) above shall be approved for
continuing competency credit if taught by:
1. Undergraduate, post-graduate or adjunct instructors from accredited educational institutions
with five years of experience in the lecture subject. ÇThe curriculum vitae must reflect the
instructor’s status and experience;
2. Recognized authorities in the specific subject areas with five years of experience in the lecture
subject whose expertise is documented and approved by the Board;
3. Licensees with five years experience in specific subject areas whose expertise is documented
and approved by the Board; or
4. Any of the above with less than five years experience who submit curriculum vitae, and are
evaluated 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 the
teaching methods to be utilized;
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.

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 minimum
of 25 years and is at least 62 years of age may apply to the Board forstatus as a retired
licensee 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 offer
or 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 current
address, 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 the
requirements of N.J.A.C. 13:40-12.1(a), the Board shall declare the licensee retired and
place 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 license
biennially, 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 application
form furnished by the Board which contains the licensee’s current address, telephone
number, and information concerning disciplinary matters.
(b) The Board shall review the submission as set forth in (a) above. If the applicant meets the
requirements of N.J.A.C. 13:40-12.1(a), the Board shall declare the licensee retired, and
shall place the licensee on the retired status list. The licensee shall not be required to
renew 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 retired
license status who wishes to resume the practice of professional engineering or land
surveying shall forward the following to the Board:
1. A completed resumption of practice application form furnished by the Board which contains
the 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 or
more years, satisfactory evidence of current knowledge, competency and skill in the practice of
professional engineering or land surveying as follows:
85
i. Each retired professional engineer shall provide information on the resumption of
practice application regarding current knowledge, competency, and skill. The Board
shall review the information submitted by the applicant and determine if the
applicant has demonstrated the ability to practice engineering in such a way so as to
insure the safety of life, health, and property.
ii. Each retired land surveyor seeking to resume practice shall furnish proof of
completion of a minimum of 24 PDHs earned within two years prior to the
application 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 the
Division 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 located
within 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 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.
(b) 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 and 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 responsibility to do so in a timely fashion. The failure of a
licensee to retain counsel, absent a showing of good cause therefor, shall not cause an
adjournment of the proceeding;

87
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 or report under oath, the failure to permit the
examination 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 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 docu-
ments to any subpoena issued pursuant to N.J.S.A. 45:1-18 or as may otherwise be provided by
law; or
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


(a) 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 and family
therapist-client privilege, professional counselor-client privilege, associate counselor-
client privilege, social worker-client privilege and the alcohol and drug counselor-client
privilege shall be unavailable.
(b) 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 com-
petent 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 which may be subject to any privilege
declared unavailable in this subchapter shall be maintained in a secure place and manner
by:
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 board
or committee located within 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

88
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 direct
connection with, or a need for access to, the matter to which the statement, 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 lic-
ensee or other person from whom they were obtained. ÇIn the absence of such licensee or
other person, the statements, records or other information shall be returned to the patient,
where appropriate.

89
Notice
Please refer to the Board’s website at :
http://njconsumeraffairs.gov/nonmedical/pels.htm
for any changes to its statutes & regulations
which may not be
included here.

90
NEW JERSEY STATE BOARD OF
PROFESSIONAL ENGINEERS & LAND SURVEYORS
P.O. Box 45015
Newark, 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 background
which 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 instruction
must 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 the
biennial 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 ________________________

91
New Jersey Office of the Attorney General
Division of Consumer Affairs
State Board of Professional Engineers and Land Surveyors
124 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.

92
New Jersey Office of the Attorney General
Division of Consumer Affairs
State Board of Professional Engineers and Land Surveyors
124 Halsey Street, 3rd Floor, P.O. Box 45015
Newark, New Jersey 07101
(973) 504-6460

Complaint Form
Please print clearly.

Please be advised that any information you supply on this 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 Board may be
obligated 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:__________


(include area code)

WORK TELEPHONE NUMBER: ________________________ TELEPHONE NUMBER: ______________________________


(include area code) (include area code)

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: ____________________
Month Day Year

Address: ______________________________________________________________________________________
Street address City State ZIP code

Home telephone number:___________________________ Work telephone number:_________________________


(include area code) (include area code)

93
3. Please provide the following information about any other practitioner or licensee involved in the matter about which
you are filing a complaint.

Name: ________________________________________________________________________________________
Title: _________________________________________ License number: _________________________________
Address: ______________________________________________________________________________________
Street address City State ZIP code

Telephone number:________________________________
(include area code)

Name: ________________________________________________________________________________________

Title: _________________________________________ License number: _________________________________


Address: ______________________________________________________________________________________
Street address City State ZIP code

Telephone number:________________________________
(include area code)

4. Please provide the following about anyone who was a witness to the matter about which you are filing a complaint.
Name: ________________________________________________________________________________________

Address: ______________________________________________________________________________________
Street address City State ZIP code

Daytime telephone number: _______________________ Evening telephone number: ________________________


(include area code) (include area code)

Name: ________________________________________________________________________________________

Address: ______________________________________________________________________________________
Street address City State ZIP code

Daytime telephone number: _______________________ Evening telephone number: ________________________


(include area code) (include area code)

5. What is the nature of the complaint? (Please check all that apply and provide any additional comments on a separate
sheet 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.

_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________

94
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 Affairs
State 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

95
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 General
www.njconsumeraffairs.com
Kimberly S. Ricketts
Acting Director

Mailing Address:
P.O. Box 45015
Newark, NJ 07101
(973) 504-6460
FAX: (973) 273-8020
IMPORTANT NOTICE TO ALL
PROFESSIONAL ENGINEERS AND LAND SURVEYORS

Re: Certificate of Authorization

Please be advised that any corporation (except a professional service corporation established
pursuant to the Professional Service Corporation Act, N.J.S.A. 14A:17-1 et seq.), offering or providing
professional engineering and/or land surveying services in the State of New Jersey MUST OBTAIN A
CERTIFICATE OF AUTHORIZATION from the State Board of Professional Engineers and Land Surveyors to
perform these functions. Any corporation offering or providing said services without the requisite
Certificate of Authorization is in violation of N.J.S.A. 45:8-56.

Very truly yours,

Arthur Russo
Arthur Russo
Executive Director
State Board of Professional Engineers
and Land Surveyors

New Jersey Is An Equal Opportunity Employer * Printed on Recycled Paper and Recyclable

96
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 General
www.njconsumeraffairs.com
Kimberly S. Ricketts
Acting Director

Mailing Address:
P.O. Box 45015
CERTIFICATE OF AUTHORIZATION Newark, NJ 07101
INSTRUCTION SHEET (973) 504-6460
FAX: (973) 273-8020

** 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 Land
Surveyors, must be submitted with the application. (THE TWO YEAR REGISTRATION FEE FOR THE
PERIOD SEPTEMBER 1, 2004 TO AUGUST 31, 2006 IS $120.00). ONE YEAR REGISTRATION FEE S ARE
REDUCED 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 required
with all applications, both domestic (a New Jersey corporations) and foreign (out of state
corporations). 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 New
Jersey before obtaining a Certificate of Good Standing.

** Foreign corporations (out of state corporations) must also present a Certificate of Good
Standing issued by the state in which the business was incorporated.

ANY CHANGES (CORPORATE ADDRESS, ADDRESS OF RECORD, IF DIFFERENT, PROFESSIONAL ENGINEER AND/OR
LAND SURVEYOR IN RESPONSIBLE CHARGE, CORPORATE OFFICERS, ETC.) MUST BE REPORTED IN WRITING WITHIN
THIRTY DAYS OF THE CHANGE.

** Return the Certificate of Authorization application along with the Certificate of Good Standing(s) to
the following address:

BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS


PO BOX 45015
NEWARK, 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 Goods
Standings will be returned.

New Jersey Is An Equal Opportunity Employer - Printed on Recycled Paper and Recyclable

97
PLEASE INDICATE A (DESIGNATED RESPONSIBLE CHARGE LICENSEE ) AS THE CONTACT PERSON WHO WILL
RECEIVE 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 of
subsection a. of section 7 of P.L. 1989c. 276 (C.45:8-56) shall, in addition to the requirements provide
therein, 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; and


2. a minimum of 20% of the shares shall be owned by professional engineers.

98
Professional Service Corporations State of New Jersey
(N.J.S.A. 14A:17-1 et seq.) are not required Department of Law & Public Safety Check as appropriate:
to obtain a Certificate of Authorization Division of Consumer Affairs * Engineering
State Board of Professional Engineers & Land Surveyors ** Land Surveying
* Must complete D etails of Ownership if offering P.O. Box 45015 ** Engineering & Land Surveying
Building Design Services, consisting of closely allied Newark, NJ 07101 ** Building Design Services*
professionals (pursuant to Section 8)
Application for Certificate of Authorization
To Provide or Offer to Provide
1. This form must be typewritten or printedclearly Instructions
2. If any space is inadequate, use a separate sheet 5. Attach a Certificate of Good Standing issued by the New Jersey Department
3. Enclose a check made payable to the State Board of Professional of the Treasury , and also from the original state of incorporation.
Engineers & Land Surveyors 6. Return original to the Board office at the above address
4. Business addresses listed on this application must numbered 7. Biennial renewals of the Certificate of Authorization is required.
Applicant (Name of Corporation) State of Incorporation Date of this application

Address of principal office in State of Incorporation (1) If a foreign corporation, (out of state) you need Certificate of
Authority from the New Jersey Department of the Treasury?
* * Yes
Address of principal office in New Jersey (if different from above) (2)

99
* * NO

Addresses of other offices where professional services will be offered or provided in New I am aware that the Certificate of Authorization may be revoked if
Jersey. (Each office must be sequentially numbered beginning with 3; as 3, 4, 5, etc.) any agent, employee, director or officer of the corporation violates
or causes to be violated any provisions of those laws or
regulations governing the practice of engineering and land
CORPORATE OFFICERS/OWNERS surveying in New Jersey.

NAME TITLE HOME ADDRESS NJ LICENSE NUMBER SIGNATURE


PROF. ENG LAND SURV.
Persons in responsible charge listed below must include the numerical identifier of their work location I hereby certify that I am familiar with the laws and
following their name in the column below. If a licensee is in responsible charge of more than one office, use regulation governing the practice of engineering and
a separate line for each office and attach an explanation. If a licensee is also in responsible charge of land surveying in New Jersey and the definition of
engineering or land surveying services for other business entities or as a sole proprietor, he/she shall place responsible charge th erein and my responsibility
under this definition
an X in the column next to his/her signature and attach details of all such associations. List all personnel in
responsible charge who act on behalf of the corporation as a professional engineer aor land surveyor. The
first licensee listed will be considered the designated Board contact. This individual will be sent all
mail from the Board office and be the person listed on the renewed certificate.
NAME NJ License Number HOME ADDRESS x SIGNATURE
Prof. Eng. Land Surv.

Designated Board Contact (Will receive all mail


from the Board Office

(Use an additional sheet if


necessary)
Any changes in the above information must be reported to the board in writing, within 30 days after such changes become effective. Original signatures are needed for

100
additions/deletions to the responsible charge. Under oath, I declare that the foregoing statements, to the best of my knowledge and belief, are true and made in good faith.
Signed (Designated Responsible Charge Licensee)X________________________ Title Date
Typed Name:

Subscribed and sworn to before me this ________________day of ___________________________________, _____________________ .

County and State Signed (Notary Public) Date Commission Expires Seal of Notary Public

Name or Corporation Signed (Authorized Officer) X__________________________________________ Title


Typed Name:

Before me personally appeared the signer of the above, who acknowledged himself/herself to be the authorized above-named officer of the above-named corporation and
the he/she being authorized to do so, executed this application for the purposes state by signing the name of the corporation by himself/herself as the authorized officer,
In witness thereof:

County and State Signed (Notary Public) Date Commission Expires Seal of Notary Public

For Office Use Only

Approved State Board Professional Engineers and Signed Date


Land Surveyors

Fee Date Issued P.E/L.S. Certificate of Authorization Number


** COMPLETE ONLY IF APPLYING FOR BUILDING DESIGN SERVICE CONSISTING OF CLOSELY ALLIED PROFESSIONALS
NOTE: GUIDELINES FOR BUILDING DESIGN SERVICES (ATTACHED).

DETAILS OF OWNERSHIP
AUTHORITY: Required by Section 8e (1) and (2), P.L.1989, Chapter 277
:
Required Information (1) Provide the names of all directors, two-thirds of whom must be professional engineers and
(2) The number of shares owned by engineer stockholders
A. BUILDING DESIGN SERVICES

NAME OF DIRECTOR/STOCKHOLDER D* NUMBER OF SHARES OWNED TYPE NEW JERSEY PROFESSIONAL FOR OFFICIAL USE ONLY
S LICENSE NUMBER
B

101
Total Shares (Use an additional sheet if
Issued & Outstanding necessary )
*D=Dir S=Stckhld B=Both
STATE BOARD OF
PROFESSIONAL ENGINEERS &LAND SURVEYORS,
NEWARK, NEW JERSEY
GUIDELINES 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 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 the title blocks. The following sheet
contains a sample of the statutory requirement.

102
*“STATE OF NEW JERSEY”
MAY APPEAR ON ONE LINE

NOTE:
Use GE, GS, or GB as
part of your license
number.

103
104
NATIONAL COUNCIL OF EXAMINERS
FOR 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 and
their telephone number.
ALABAMA ARIZONA
State Board of Licensure for Professional Engineers State Board of Technical Registration
& Surveyors Ronald W. Dalrymple, Executive Director
Regina A. Dinger, Executive Director btrrwd@yahoo.com
rdinger@bels.state.al.us Office:
Office: 1110 W. Washington Street, Suite 240
Phoenix, AZ 85007
100 North Union Street, Suite 382
Montgomery, AL 36104-3762 Phone: (602)364-4930
Fax: (602)364-4931
Mailing:
P.O. Box 304451 Web site: http://www.btr.state.az.us
Montgomery, AL 36130-4451
Phone:(334) 242-5568 ARKANSAS
Fax:(334) 242-5105 State Board of Registration for Professional
Engineers & Land Surveyors
Web site: http://www.bels.state.al.us
Joseph Clements, Jr., Executive Director
josepht.clements@mail.state.ar.us
ALASKA
Office:
State Board of Registration for Architects, Engineers
410 West 3rd Street, Suite 100
and Land Surveyors
Little Rock, AR 72201
Executive Administrator:
Nancy Hemenway Mail:
nancy_hemenway@dced.state.ak.us P.O. Box 3750
Little Rock, AR 72203
Office Address:
333 Willoughby, 9th Floor Phone: (501)682-2824
State Office Building Fax: (501)682-2827
Juneau, AK Web site: http://www.state.ar.us/pels
Mailing Address:
P.O. Box 100806 CALIFORNIA
Juneau, AK 99811-0806 Board of Professional Engineers & Land Surveyors
Phone: (907) 465-1676 Cindi Christenson, PE, Executive Director
Fax: (907) 465-2974 cindi_christenson@dca.ca.gov
Web site: http://www.dced.state.ak.us/occ/pael.htm Office:
2535 Capitol Oaks Drive, Suite 300
Sacramento, CA 95833-2944
Mail:
P.O. Box 349002
Sacramento, CA 95834-9002
Phone: (916)263-2230
Fax: (916)263-2221
Web site: http://www.dca.ca.gov/pels contacts.htm

105
COLORADO FLORIDA
State Board of Registration for Professional Engineers Board of Professional Engineers
& Professional Land Surveyors Natalie Lowe, Member Board Administrator
Angeline Kinnaird, Program Administrator nlowe@fbpe.org
angie.kinnaird@dora.state.co.us Office:
Office: 2507 Callaway Road, Suite 200
1560 Broadway, Suite 1370 Tallahassee, FL 32303
Denver, CO 80202 Phone: (850)521-0500
Phone: (303)894-7788 Fax: (850)521-0521
Fax:(303)894-7790 Web site: http://www.fbpe.org
Web site:
http://www.dora.state.co.usengineers_surveyors GEORGIA
State Board of Registration for Professional Engineers
CONNECTICUT & Land Surveyors
State Board of Examiners for Professional Engineers Darren Mickler, Executive Director
& Land Surveyors dmickler@sos.state.ga.us
Barbara Syp, Board Adminstrator Office:
barbara.syp@po.state.ct.us 237 Coliseum Drive
Office: Macon, GA 31217-3858
The State Office Building, Room 100 Phone: (478) 207-1450
165 Capitol Avenue Fax: (478)207-1456
Hartford, CT 06106-1630
Web site: http://www.sos.state.ga.us/plb/pels
Phone: (860)713-6145
Fax: (860)713-7230
GUAM
Web site: http://www.state.ct.us/dcp Guam Board of Registration for Professional
Engineers, Architects and Land Surveyors
DELAWARE Amor A. Pakingan, Board Administrator
Delaware Association of Professional Engineers amor@guam-peals.org
Margaret Abshagen, Executive Director Office:
peggy@dape.org 718 N. Marine Drive, Suite 208
Office: Tamuning, GU96913-4425
56 W. Main Street, Suite 208, Plaza 273 Phone: (671)646-3115/3138
Christiana, DE 19702 Fax: (671)649-9533
Phone: (302)368-6708 Web site: http://www.guam-peals.org
Fax: (302)368-6710
Web site: http://www.dape.org HAWAII
Board of Professional Engineers, Architects,
DISTRICT OF COLUMBIA Surveyors, & Landscape Architects
Board of Professional Engineers James Kobashigawa, Executive Officer
Linda E. Dixon, Board Representative Office:
linda.dixon@dc.gov 1010 Richards Street
Office: Honolulu, HI 96813
941 North Capitol Street NE Phone: (808)586-2702
OPLA Room 2200 Fax: (808)586-2874
Washington, DC 20002
Web site: http://www.state.hi.us/dcca
Phone: (202)442-4320
Fax: (202)442-4528

106
IDAHO IOWA
Board of Professional Engineers & Professional Land Engineering & Land Surveying Examining Board
Surveyors Gleean Coates, Executive Officer
David L. Curtis, PE, Executive Director gleean.coates@comm7.state.ia.us
dcurtis@ipels.state.id.us Office:
Office: 1920 SE Hulsizer
600 S. Orchard, Suite A Ankeny, IA 50021
Boise, ID 83705-1242 Phone: (515)281-4126
Phone: (208)334-3860 Fax: (515)281-7411
Fax: (208)334-2008 Website: http://www.state.ia.us/government/com
Web site: http://www.state.id.us/ipels/index.htm
KANSAS
State Board of Technical Professions
ILLINOIS
Betty L. Rose, Executive Director
Department of Professional Regulation State Board
of Professional Engineers Office:
Terry Baird, Design Professions Coordinator Landon State Office Building
Office: 900 SW Jackson, Suite 507
320 West Washington Street, 3rd Floor Topeka, KS 66612-1257
Springfield, IL 62786 Phone: (785)296-3053
Phone: (217)785-0877 Web site: http://www.accesskansas.org/ksbtp
Fax: (217)782-7645
Web site: http://www.dpr.state.il.us KENTUCKY
State Board of Licensure for Professional Engineers
INDIANA & Land Surveyors
State Board of Registration for Professional B. David Cox, Executive Director
Engineers bdavid.cox@mail.state.ky.us
Gerald H. Quigley, Executive Director Office:
Office: Kentucky Engineering Center
302 W. Washington Street, Room E-034 160 Democrat Drive
Indianapolis, IN 46204 Frankfort, KY 40601
Phone: (317)232-2980 Phone: (800)573-2680, (502)573-2680
Fax: (317)232-2312 Fax: (502)573-6687
Website: http://www.in.gov/pla/bandc/engineers Web site: http://kyboels.state.ky.us

INDIANA MAINE
State Board of Registration for Professional Land State Board of Registration for Professional Engineers
Surveyors Beatrice M. Gagnon,
Vickie Harless, Board Secretary Administrative Office Manager
Office: Office:
302 W. Washington Street, Room E-034 Augusta Airpot Terminal Building -2nd Floor
Indianapolis, IN 46204 Augusta, ME 04330
Phone: (317)232-2980 Mailing:
Fax: (317)232-2312 92 State House Station
Web site: http://www.in.gov/pla/bandc/surveyors Augusta, ME 04333-0092
Phone: (207) 287-3236
Fax: (207)626-2309
Web site:
http://www.professionals.maineusa.com/engineers

107
MAINE MARYLAND
State Board of Licensure for Professional Land State Board for Professional Land Surveyors
Surveyors Sally Wingo, Executive Director
Kim Baker-Stetson, Board Clerk swingo@dllr.state.md.us
kimberly.j.baker-stetson@maine.gov Office:
Office: 500 North Calvert Street, Room 308
122 Northern Avenue Baltimore, MD 21202-3651
Gardiner, ME 04345 Phone: (410)230-6322
Mail: Fax: (410)333-0021
35 State House Station Web site: http://www.dllr.state.md.us
Augusta, ME 04333-0035
Phone: (207)624-8522 MASSACHUSETTS
Fax: (207)624-8637 Board of Registration of Professional Engineers &
Web site: Professional Land Surveyors
http://www.state.me.us/pfr/olr/categories/cat24.htm Deborah Milliken, Administrative Assistant
deborah.m.milliken@state.ma.us
LOUISIANA Office:
Louisiana Professional Engineering & Land Division of Professional Licensure
Surveying Board 239 Causeway Street
Benjamin S. Harrison, Acting Executive Secretary Boston, MA 02114
benh@lapels.com Phone: (617)727-9957
Office: Fax: (617)727-1627
9643 Brookline Avenue, Suite 121 Web site: http://www.state.ma.us/reg
Baton Rouge, LA 70809-1433
Phone: (225)925-6291 MICHIGAN
Fax: (225)925-6292 Michigan Department of CIS Board of Professional
Web site: http://www.lapels.com Engineers
Gloria Keene, Licensing Administrator
gkeene@michigan.gov
MARYLAND
State Board for Professional Engineers Office:
Sally Wingo, Executive Director 2501 Woodlake Cirle
swingo@dllr.state.md.us Okemos, MI 48864
Office: Mailing:
500 North Calvert Street, Room 308 P.O. Box 30018
Baltimore, MD 21202 Lansing, MI 48909
Phone: (410)230-6322 Phone: (517)241-9253
Fax: (410)333-0021 Fax: (517)241-9280
Web site: http://www.dllr.state.md.us Web site:
http://www.michigan.gov/cis/0,1607,7-154-
10557_12992_14016—,00.html

108
MICHIGAN MISSOURI
Michigan Department of CIS Board of Professional Missouri Board of Architects, Professional Engineers,
Surveyors Land Surveyors & Landscape Architects
Gloria Keene, Licensing Administrator Judy Kempker, Executive Director
gkeene@michigan.gov jkempker@mail.state.mo.us
Office: Office:
2501 Woodlake Cirle 3605 Missouri Blvd., Suite 380
Okemos, MI 48864 Jefferson City, MO 65102
Mailing: P.O. Box 30018 Mail:
Lansing, MI 48909 P.O. Box 184
Phone: (517)241-9253 Jefferson City, MO 65102
Fax: (517)241-9280 Phone: (573)751-0047
Web site: Fax:(573)751-8046
http://www.michigan.gov/cis/0,1607,7-154 Web site:
10557_12992_14016—,00.html http://www.ecodev.state.mo.us/pr/moapels

MINNESOTA MONTANA
State Board of Architecture, Engineering Land Board of Professional Engineers & Land Surveyors
Surveying, Landscape Architecture, Geoscience, and Todd Boucher, Board Administrator
Interior Design toboucher@state.mt.us
Doreen Frost, Executive Director Office:
doreen.b.frost@state.mn.us Dept. of Commerce
Office: P.O. Box 200513
The Golden Rule Building, Suite 160 301 South Park Avenue, 4th Floor
85 East Seventh Place Helena, MT 59620-0513
St. Paul, MN 55101 Phone: (406)841-2367
Phone: (651)296-2388 Fax: (406)841-2332
Fax: (651)297-5310 Web site:
Web site: http://www.aelslagid.state.mn.us http://www.discoveringmontana.com/dli/bsd
license/bsd_boards/pel_board/board_page.htm
MISSISSIPPI
State Board of Registration for Professional Engineers NEBRASKA
& Land Surveyors Board of Engineers and Architects
Rosemary Brister, Executive Director Charles G. Nelson, Executive Director
informatio@pepls.state.ms.us board@nol.org
Office: Office:
The Robert E. Lee Building, Suite 501 301 Centennial Mall, South
239 North Lamar Lincoln, NE 68508
Jackson, MS 39205
Mailing:
Mailing: P.O. Box 95165
P.O. Box 3 Lincoln, NE 68509
Jackson, MS 39205
Phone:(402)471-2021/2407
Phone:(601)359-6160 Fax: (402)471-0787
Fax:(601)359-6159
Web site: http://www.ea.state.ne.us
Web site: http://www.pepls.state.ms.us

109
NEBRASKA NEW JERSEY
Board of Examiners for Land Surveying State Board of Professional Engineers & Land
Kathy Martin, Administrative Assistant Surveyors
kmartin@sso.state.ne.us Arthur Russo, Executive Director
Office: russo.arthur@lps.state.nj.us
555 North Cotner Blvd., Lower Level Office:
Lincoln, NE 68505 124 Halsey Street, 3rd Floor
Phone: (402)471-2566 Newark, NJ 07102
Fax: (402)471-3057 Mailing:
Web site: http://www.ea.state.ne.us P.O. Box 45015
Newark, NJ 07101
NEVADA Phone: (973)504-6460
State Board of Professional Engineers & Land Fax: (973)273-8020
Surveyors Web site:
Noni Johnson, Executive Director http://njconsumeraffairs.gov/nonmedical/pels.htm
nonijohnson@boe.state.nv.us
Office: NEW MEXICO
1755 East Plumb Lane, Suite 135 Board of Licensure for Professional Engineers &
Reno, NV 89502 Surveyors
Phone: (775)688-1231 Elena Garcia, Executive Director
Fax: (775)688-2991 elena.garcia@state.nm.us
Web site: http://www.boe.state.nv.us Office:
1010 Marquez Place
Santa Fe, NM 87505
NEW HAMPSHIRE
Board of Professional Engineers Phone: (505)827-7561
Louise Lavertu, Executive Director Fax: (505)827-7566
llavertu@nhsa.state.nh.us Web site: http://www.state.nm.us/pepsboard
Office:
57 Regional Drive NEW YORK
Concord, NH 03301 State Board of Engineering & Land Surveying
Phone: (603)271-2219 Jane Blair, Executive Secretary
Fax: (603)271-6990 Office:
Web site: http://www.state.nh.us/jtboard/home.htm State Education Building
89 Washington Avenue
2nd Floor, Mezzanine East-Wing
NEW HAMPSHIRE
Albany, NY 12234-1000
Board of Licensure for Land Surveyors
Louise Lavertu, Executive Director Phone: (518)474-3817, Ext. 140
llavertu@nhsa.state.nh.us Fax: (518)473-6282
Office: Web site: http://www.op.nysed.gov
57 Regional Drive
Concord, NH 03301
Phone: (603)271-2219
Fax: (603)271-6990
Web site: http://www.state.nh.us/jtboard/home.htm

110
NORTH CAROLINA OREGON
Board of Examiners for Engineers and Surveyors State Board of Examiners for Engineering and Land
Andrew L. Ritter, Executive Director Surveying
aritter@ncbels.org Edward B. Graham, PLS, Executive Secretary
Office: grahame@osbeels.org
310 W. Millbrook Road Office:
Raleigh, NC 27609-7197 728 Hawthorne Avenue, NE
Phone: (919)841-4000 Salem, OR 97301
Fax: (919)841-4012 Phone: (503)362-2666
Web site: http://www.ncbels.org Fax: (503)362-5454
Web site: http://www.osbeels.org
NORTH DAKOTA
State Board of Registration for Professional Engineers PENNSYLVANIA
& Land Surveyors State Registration Board for Professional Engineers,
Clifford E. Keller, Executive Secretary Land Surveyors, and Geologists
Office: Shirley S. Klinger, Board Administrator
721 West Memorial Highway st-engineer@state.pa.us
Bismark, ND 58504 Office:
Mailing: 2601 North Third Street
PO Box 1357 Harrisburg, PA 17110
Bismarck, ND 58502-1357
Mailing:
Phone: (701)258-0786
P.O. Box 2649
Fax: (701)258-7471W
Harrisburg, PA 17105-2649
Web site: http://www.ndpelsboard.org
Phone: (717)783-7049
Fax: (717)705-5540
NORTHERN MARIANA ISLANDS
Board of Professional Licensing Web site: http://www.dos.state.pa.us/eng
Florence C. Sablan, Executive Director
nmi.bpl@gtepacifica.net PUERTO RICO
Office: Board of Examiners of Engineers and Land Surveyors
Commonwealth of Northern Mariana Islands Marcos R. Velez Green, Executive Director
PO Box 502078 Office:
Saipan, Northern Mariana Islands 96950 Secretaria Auxiliar de Juntas Examinadoras
Phone: (011)(670)234-5897 151 Fortaleza Street, 3rd Fl, Office 308
Fax: (011)(670)234-6040 San Juan, PR 00902-3271
Mailing:
OKLAHOMA Secretaria Auxiliar de Juntas Examinadora
State Board of Registration for Professional Engineers Department of State
& Land Surveyors P.O. Box 9023271
Kathy Hart, Executive Director San Juan, PR 00902-3271
okpels@pels.state.ok.us Phone:
Office: (787)722-2122 x 232(Board)
Oklahoma Engineering Center, Room 120 (787)722-4816 (Executive Director)
201 N.E. 27th Street Fax:(787)722-4818
Oklahoma City, OK 73105
Phone: (405)521-2874
Fax: (405)523-2135
Web site: http://www.pels.state.ok.us

111
RHODE ISLAND SOUTH DAKOTA
Board of Registration for Professional Engineers Board of Technical Professions
Lois Marshall, Administrative Assistant Ann Whipple, Executive Director
loism@mail.state.ri.us ann.whipple@state.sd.us
Office: Ruth Knapp, Examinations
1 Capitol Hill, 3rd Floor ruth.knapp@state.sd.us
Providence, RI 02908 Wendy Whipple, Applications
wendy.whipple@state.sd.us
Phone: (401)222-2565
Fax: (401)222-5744 Office:
2040 West Main Street, Suite 304
Web site: http://www.bdp.state.ri.us Rapid City, SD 57702-2447
Phone: (605)294-2510
RHODE ISLAND
Fax: (605)394-2509
Board of Registration for Professional Land Surveyors
Christina M. Styron, Administrative Assistant Web site:
chriss@mail.state.ri.us http://www.state.sd.us/dol/boards/engineer/eng-
hom.htm
Office:
1 Capitol Hill, 3rd Floor
TENNESSEE
Providence, RI 02908
State Board of Architectural and Engineering
Phone: (401)222-2038 Examiners
Fax: (401)222-5744 Barbara Bowling, Executive Director
Web site: http://www.bdp.state.ri.us barbara.bowling@state.tn.us
Office:
SOUTH CAROLINA Department of Commerce and Insurance
State Board of Registration for Professional Engineers 500 James Robertson Pkwy, 3rd Fl
& Land Surveyors Nashville, TN 37243-1142
Jay Pitts, Board Administrator Phone: (800)256-5758, (615)741-3221
Office: Fax: (615)532-9410
110 Centerview Drive, Kingstree Building Web site:
PO Box 11597 http://www.state.tn.us/commerce/ae.html
Columbia, SC 29211-1597
Phone: (803)896-4422 TENNESSEE
Fax: (803)896-4427 State Board of Examiners for Land Surveyors
Web site: Donna Moulder, Director
http://www.llr.state.sc.us/POL/Engineers donna.moulder@state.tn.us
Office:
500 James Robertson Pkwy, 2nd Fl
Nashville, TN 37243-1146
Phone: (615)741-3611
Fax: (615)741-5995

112
TEXAS VERMONT
Texas Board of Professional Engineers Board of Land Surveyors
Victoria J.L. Hsu, PE, Executive Director Theodore McKnight, Board Administrator
victoria.hsu@tbpe.state.tx.us tmcknigh@sec.state.vt.us
Office: Office:
1917 Interstate Hwy 35 S. 81 River Street, Heritage Building
Austin, TX 78741 Montpelier, VT 05602-1106
Phone: (512)4407723 Phone: (802)828-3256
Fax: (512)440-0417 Fax: (802)828-2368
Web site: http://www.tbpe.state.tx.us Web site: http://www.vtprofessionals.org

TEXAS UTAH
Texas Board of Land Surveying Utah Professional Engineers & Professional Land
Sandy Smith, Executive Director Surveyors Board
sandy.smith@mail.capnet.state.tx.us Douglas Vilnius, Board Administrator
Office: dvilnius@utah.gov
7701 North Lamar, Suite 400 Office:
Austin, TX 78752 160 East 300 South, 4th Fl
Phone: (512)452-9427 Salt Lake City, UT 84111
Fax: (512)452-7711 Mailing:
Web site: 160 East 300 South
http://www.txls.state.tx.us/sect00/homepage.html Box 146741
Salt Lake City, UT 84114-6741
VIRGINIA Phone: (801)530-6632
Board of Architects, Professional Engineers, Land Fax: (801)530-6511
Surveyors, Certified Interior Designers, and Web site: http://www.dopl.utah.gov
Landscape Architects
Mark N. Courtney, Administrator VIRGIN ISLANDS
Office: Board of Architects, Engineers, and Land Surveyors
Department of Professional & Occupational Lisa Davis, Administrator
Regulation Office:
3600 West Broad Street Dept. of Licensing & Consumer Affairs
Richmond, VA 23230-4917 Golden Rock Shopping Center
Phone: (804)367-8512 (Board) Christiansted, St. Croix Virgin Islands 00820
(804)367-8514 (Administrator) Phone: (340)773-2226
Fax: (804)367-2475 Fax: (340)713-8308
Web site: http://www.state.va.us/dpor
Web site: http://www.dlca.gov.vi/pro-aels.html

VERMONT
Board of Professional Engineering
Theodore McKnight, Board Administrator
tmcknigh@sec.state.vt.us
Office:
81 River Street, Heritage Building
Montpelier, VT 05602-1106
Phone: (802)828-3256
Fax: (802)828-2368
Web site: http://www.vtprofessionals.org

113
WASHINGTON
State Board of Registration for Professional Engineers
& Land Surveyors
George Twiss, PLS, Executive Director
gtwiss@dol.wa.gov
Office:
405 Black Lake Blvd. SW
Olympia, WA 98502
Mailing:
PO Box 9025
Olympia, WA 98507-9025
Phone: (360)664-1575
Fax: (360)664-2551
Web site:
http://www.dol.wa.gov/engineers/engfront.htm

WEST VIRGINIA
State Board of Registration for Professional Engineers
Lesley L. Rosier, PE, Executive Director
rosierl@wvnet.edu
Office:
910 Kanawha Valley Building
300 Capitol Street
Charleston, WV 25301
Phone: (304)558-3554
Fax: (304)558-6232
Web site: http://www.wvpebd.org

114
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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(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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(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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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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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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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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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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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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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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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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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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(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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(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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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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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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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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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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(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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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-

2006)

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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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SEAL DETAILS

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TITLE BLOCK DETAILS

13:40-1.3 (A) 6. IF APPLICABLE, THE CERTIFICATE


OF AUTHORIZATION NUMBER AS REQUIRED BY

CERTIFICATE OF AUTHORIZATION
#0000000
N.J.S.A. 45:8-56.

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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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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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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"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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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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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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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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"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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"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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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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(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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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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(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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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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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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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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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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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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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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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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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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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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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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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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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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of sending and receiving zones and the technical details of a development transfer program based
on the provisions of section 5 of P.L.2004, c.2 (C.40:55D-141).

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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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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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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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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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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(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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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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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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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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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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(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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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(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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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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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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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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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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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