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STUDY & RESOURCE MANUALFOR THE

NEW STATE SPECIFIC LAND SURVEYORS EXAMINATION & THE NEW JERSEY LAW EXAMINATION FOR LAND SURVEYORS

PREPARED BY: ROBERT ENT, JR MAY 2006

INTRODUCTION:

This manual is created for individuals preparing for licensure as a professional land survey in the State of New Jersey. This manual is a study guide and reference tool for the New Jersey State Specific Professional Land Surveying Exam and the New Jersey Law Exam only. The purpose of this manual is to help candidates successfully complete these examinations, by providing them with study information and exam day reference materials. At the time this manual was created, the New Jersey State Board of Professional Engineers and Land Surveyors, the National Council of Examiners for Engineering and Surveying (NCEES) or Engineering Examination Services (EES)1, do not provide or publish any study materials for the New Jersey State Specific Exam. As a potential candidate, you are required to provide your own study and reference materials In addition to documents such as statutes and regulations, this manual will provide, exam format, texts that are no longer in print, sample questions, and areas of knowledge to focus on. Both of these exams require a passing grade to in order to become a licensed land surveyor in the State of New Jersey. The actual grade or percentage of correctly answered questions is not published, nor is there a statutory requirement, a minimum of 70% would most likely be required to pass these examinations.

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EES is the company that administrates all of the exams for New Jersey State Board of Professional Engineers and Land Surveyors.

EXAM FORMATS:

New Jersey Law Exam: This is an open book examination, containing 20 multiple-choice questions, each question has 4 answer choices. There are no computation problems within this examination. This examination will be mailed to you by EES approximately 2 weeks prior to your exam date, you must complete the answer sheet and return to EES before the assigned deadline date. New Jersey State Specific Professional Land Surveying Exam: This is a 2-hour, open book examination, containing 40 multiple-choice questions, each question has 4 answer choices. There is no limit to the amount of material you can bring into the examination room; all materials must be bound books or mechanically fasten together, no loose papers or note pads are permitted. 3-ring binders and stapled papers are acceptable. Examinees must bring their own reference materials to this examination, no reference material will be provided by EES or the State. There are no computation problems within this examination.

EXAM TAKING STRATEGY:

New Law Exam: The New Jersey Law examination is based exclusively on the current New Jersey Statutes, Rules and Regulations as published by the New Jersey State Board of Professional Engineers and Land Surveyors. This is the only document you will need to complete this exam. This examination is not timed; therefore you can search the New Jersey Statutes, Rules and Regulations in a thorough manner using the table of contents for the document. All questions are taken from this document and all answers are contained within the Statutes and Regulations, each question has 4 answer choices. In most cases, the exam questions and correct answers are word for word, as they appear in the text of Jersey Statutes, Rules and Regulations. Answer all questions, do not leave any question unanswered, even if you do not know the answer, guess, you have a 1 out 4 chance of being correct, any questions left blank will be scored as wrong. All questions are of equal value; each question is worth 1/20th of the total, regardless of length, difficulty or ease.

EXAM TAKING STRATEGY:

New Jersey State Specific Professional Land Surveying Exam: This is a 2-hour, open book examination, containing 40 multiple-choice questions. You have an average of 3 minutes per question; you may need less time for some questions and more time for others. One method is to go through all the exam questions from begin to end, answering all of the questions that do not require you to refer to any reference materials, questions that can confidently be answered from memory, then go back and answer the questions that require you to refer to your reference materials. This method will maximize your time for looking up the information needed to answer the remaining questions. Use the process of elimination to narrow the choices and focus on the remaining answers, this will increase your chances of choosing the correct answer and will save time. Organize your reference materials and become familiar with the location of each subject, you do not want to waste time trying to find information. Answer all questions, do not leave any question unanswered, even if you do not know the answer, guess, you have a 1 out 4 chance of being correct, any questions left blank will be scored as wrong. All questions are of equal value; each question is worth 1/40th of the total, regardless of length, difficulty or ease. Be conscious of your time, the only time announcements during the exam are at 15 minutes, 5 minutes and 1 minute remaining.

SAMPLE QUESTIONS: NEW JERSEY STATE SPECIFIC PROFESSIONAL LAND SURVEYING EXAM:The following list of sample questions are in a general form and are not intended to revel or reproduce the exact content of and one exam.

1. What is the remnant rule? 2. How is the remnant rule applied in New Jersey? 3. What lands are considered to be riparian in New Jersey? 4. What is the line of possession between the upland owner and the state in a man-made lagoon? 5. Can riparian lands be created by man-made alteration? 6. Who has title to land created by the slow built up or accretion of land along riparian lands? 7. What controls a riparian water boundary along a bulkhead? The physical remains of a bulkhead, the grant from which the bulkhead was created or the current mean high water elevation? 8. What is adverse possession of real property? 9. What are the statuary time periods for adverse possession of real property? 10. What shall a license land surveyor do prior to conducting a survey? 11. What is the procedure for a land surveyor to enter or to go over lands of others? 12. How often most a land surveyor calibrate his or her steel tape? 13. In the State of New Jersey, what agency is responsible for establishing calibration baselines? 14. What are the marker requirements to delineate intermediate point along a property line? 15. Can a land surveyor show the general location of proposed improvements on a major subdivision plan? 16. How is real property rights gained or lost by Estoppel? 17. Under the Map filing Law, when lots are shown, how should they be designated? 18. Can the identifying cap or disk of a property corner set, bear the name of the firm responsible for setting the corner or is it required to bear the name and number of a license surveyor.

AREAS OF KNOWLEDGE TO FOCUS ON:

Riparian Lands Pier and Bulkhead Regulations and Grants Man Made Lagoons New Jersey Statutes (preparation of land surveys) Excess and Deficiency Remnants Principle Adverse Possession Prescriptive Rights Corner Markers New Jersey Map Filing Law Senior and Junior Rights Simultaneous and Sequential Convinces Proportionate MeasurementsEXAM DAY MATERIALS:

1. New Jersey State Board of Professional Engineers and Land Surveyors Statutes, Rules and Regulations (included in this manual) 2. Rule and Statutes of Relevance to New Jersey Professional Land Surveyors and Engineers. Prepared by the Garden State Land Surveyors Alliance, Inc. (included in this manual) 3. The New Jersey Riparian Rights Hand Book (included in this manual)4. The Bulkhead Book (included in this manual)

5. The New Jersey Map Filing Law (included within items 1 & 2) 6. Title 12 Commerce and Navigation, Chapter 3 Riparian Lands, Article 1. Leases, Grants and Conveyances. (Included in this manual) 7. Notes and Definitions (included in this manual) 8. Relevant New Jersey Case Law (included in this manual) 9. Text Books (not included in this manual) Blacks Law Dictionary Browns Boundary Control and Legal Principles 5th edition (Robillard, Wilson & Brown)

CONTRIBUTIONS AND ACKNOWLEDGEMENTS:

I would like to thank and recognize the following organizations and people who contributed to this manual: Garden State Land Surveyors Alliance, Inc New Jersey State Board of Professional Engineers and Land Surveyors M. John Steenland, Jr. of the Steensland Center for Professional Development Mike McGurl, NJPLS Pam Mathews, NJPLS Robert Ent, Sr., NJPLS

APPLICATION AND USE OF THIS MANUAL

The intension of this manual is to provide supplemental general information for individuals preparing for licensure as a professional survey in the State of New Jersey. This manual is a study guide and reference tool for the New Jersey State Specific Professional Land Surveying Exam and the New Jersey Law Exam only. This manual must be updated as additions and revisions to the current Statutes, Rules and Regulations are adopted by the State of New Jersey and the New Jersey State Board of Professional Engineers and Land Surveyors. It is the responsibility of the user to obtain these updated documents as they become available. This manual makes no representation of future examination questions, content or subject matter.Known updates will be needed for the following, when published by State Board of Professional Engineers and Land Surveyors: (At the time this manual was created the following rule changes where not yet included in the published Statutes, Rules and Regulations.) Included as an Appendix New Jersey Register, Volume 38, Issue 4, Issue Date: February 21, 2006, Rule Adoptions, Law and Public Safety, Division of Consumer Affairs, State Board of Professional Engineers and Land Surveyors

TABLE OF CONTENTS

Reference Section New Jersey State Board of Professional Engineers and Land Surveyors Statutes, Rules and Regulations .. Rule and Statutes of Relevance to New Jersey Professional Land Surveyors and Engineers. Prepared by the Garden State Land Surveyors Alliance, Inc ..... The New Jersey Riparian Rights Hand Book . The bulkhead Book . The New Jersey Map Filing Law (included within items 1 & 2) Title 12 Commerce and Navigation Chapter 3 Riparian Lands Article 1. Leases, Grants and Conveyances. .. Notes and Definitions Relevant New Jersey Case Law . Historical Perspective on the Road Return Atlases NJDEP Wetlands Title 13 .. Appendix - February 21, 2006, Rule Adoptions 5 6 7 8 9 10 1

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

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

AS OF MAY 2005

INTERNET - 5/05

TABLE OF CONTENTS

NEW JERSEY STATUTES

GENERAL PROVISIONSN.J.S.A. 45:1-1 to 45:1-27 ...................................................................... 3 BUILDING DESIGN SERVICES N.J.S.A. 45:4B-1 to 45:4B-14 ............................................................... 20 ENGINEERS, PROFESSIONAL, AND LAND SURVEYORS N.J.S.A. 45:8-1 to 45:8-60 .................................................................... 27 CONDOMINIUMS N.J.S.A. 46:8B-8 to 46:8B-11 ............................................................... 47 MAP OF LANDS; APPROVAL AND FILING N.J.S.A. 46:23-9.8 to 46:23-11 .............................................................. 49 NEW JERSEY ADMINISTRATIVE CODE STATE BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS N.J.A.C. 13:40 ....................................................................................... 57

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CONTENTS OF N.J.A.C. 13:40 BY SUBCHAPTER (FOR CONTENTS BY SECTION, SEE ANALYSIS AT BEGINNING OF CHAPTER) SUBCHAPTER 1. TITLE BLOCKS AND SEALS FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS ................................. 57 SUBCHAPTER 2. APPLICATION REQUIREMENTS ........................................................................................................... 59 SUBCHAPTER 3. MISCONDUCT ................................................................................................................................ 68 SUBCHAPTER 4. GENERAL PROVISIONS ..................................................................................................................... 69 SUBCHAPTER 5. LAND SURVEYORS, PREPARATION OF LAND SURVEYS .......................................................................... 71 SUBCHAPTER 6. FEES ............................................................................................................................................. 74 SUBCHAPTER 7. PERMISSABLE DIVISION OF RESPONSIBILITY IN SUBMISSION OF SITE PLANS AND ..................................................................................................................................... 76 SUBCHAPTER 8. MAINTENANCE OF PROJECT RECORDS .............................................................................................. 77 SUBCHAPTER 9. RESPONSIBLE CHARGE OF ENGINEERING OR LAND SURVEYING WORK .................................................... 78 SUBCHAPTER 10. CONTRACT TO PROVIDE PROFESSIONAL SERVICES; CERTIFICATION OF AUTHORIZATION ......................... 78 SUBCHAPTER 11. LAND SURVEYORS; CONTINUING COMPETENCY ................................................................................. 79 SUBCHAPTER 12. RETIRED LICENSE AND NO-FEE RETIRED LICENSE STATUS .................................................................. 84 UNIFORM REGULATIONS N.J.A.C.13:45C ................................................................................................................................................. 87 CONTENTS OF N.J.A.C. 13:45C BY SUBCHAPTER (FOR CONTENTS BY SECTION, SEE ANALYSIS AT BEGINNING OF CHAPTER) SUBCHAPTER 1. LICENSEE DUTY TO COOPERATE AND TO COMPLY WITH BOARD ORDERS ................................................. 87 ANNEX CONTINUING EDUCATION APPROVAL FORM COMPLAINT AND REVIEW PROCESS APPLICATION FOR CERTIFICATE OF AUTHORIZATION GUIDELINES ON TITLE BLOCKS NCEES (LICENSURE BOARDS) EDMI CALIBRATION BASELINE DATA FORM

MAJOR SUBDIVISION PLATS

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

45:1-1. Persons entitled to practice, etc. under former laws unaffected Any person now entitled to practice any profession or to engage in any occupation, governed or regulated by the provisions of this title by virtue of any prior law, shall continue to be entitled to practice or engage in the same, notwithstanding the enactment of this title, and the validity of 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, 1971ARTICLE 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

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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 Examiners, 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 ones 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. 4

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 boards or commissions 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.

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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, 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 boards or commissions 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.52:14B1 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 renewable, shall, on and after the effective date of this act, be issued for periods of two years and be biennially renewable, except that licenses and business permits issued to electrical contractors and certificates 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

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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 hospital laboratory, wheresoever located, to make payments to such laboratory for individual tests, combination 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 professionals patient for any health care service provided by the licensed professional that is eligible for third party payment, except that at the patients option, the patient may file the claim for third party payment. a. In the case of a claim filed on behalf of the professionals 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 patients 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 jurisdiction within its territory of such proceedings. Process 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 act.1

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 Administrative Procedure Act, P.L.1968, c. 410 (C. 52:14B-1 et seq.) governing the procedure for administrative hearings before all boards within the Division of Consumer Affairs. Such rules and regulations shall govern administrative complaints, answers thereto, issuance of subpenas, appointment of hearing examiners, adjournments, submission of proposed findings of fact and conclusions of law, the filing of briefs, and such other procedural aspects of administrative hearings before the boards as the Attorney General may deem necessary; provided, however, nothing herein authorized shall be construed to require the Attorney General to promulgate rules regarding prehearing investigative procedures. b. After advice to the board or boards in question of his intent to proceed under this section, and the specific action he intends to take, and the failure of such board or boards to take steps in accordance with the advice of the Attorney General within 30 days of receipt of such advice, promulgate substantive rules and regulations consistent with the provisions of any statute governing the activities of any licensing agency, board or committee located within the Division of Consumer Affairs, which shall be limited to disciplinary matters and arbitrary restrictions on initial licensure. In addition to promulgating such rules and regulations, the Attorney General may direct that any proposed or existing regulation be amended, abandoned or repealed. Prior to the final adoption of any regulation affecting the activities of any professional or occupational licensing agency, board or committee located within the division and prior to the issuance of any 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.

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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 publics health, safety and welfare; j. Has repeatedly failed to submit completed applications, or parts of, or documentation submitted in conjunction with, such applications, required to be filed with the Department of Environmental Protection; k. Has violated any provision of P.L.1983, c. 320 (C.17:33A-1 et seq.) or any insurance fraud prevention law or act of another jurisdiction or has been adjudicated, in civil or administrative proceedings, of a violation of P.L.1983, c. 320 (C.17:33A-1 et seq.) or has been subject to a final order, entered in civil or administrative proceedings, that imposed civil penalties under that act against the applicant or holder; l. Is presently engaged in drug or alcohol use that is likely to impair the ability to practice the profession or occupation with reasonable skill and safety. For purposes of this subsection, the term presently means at this time or any time within the previous 365 days; 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 applicants name, address, and written consent to the director for a criminal history record background check to be performed. The division is authorized to receive criminal history record information from the State Bureau of Identification in the Division of State Police and the Federal Bureau of Investigation. Upon receipt of such notification, the division shall forward the information to the appropriate board which shall make a determination regarding the issuance of licensure. The applicant shall bear the cost for the criminal history record background check, including all costs of administering and processing the check, unless otherwise provided for by an individual enabling act. The Division of State Police shall promptly notify the division in the event an applicant or licensee, who was the subject of a criminal history record background check pursuant to this section, is convicted of a crime or offense in this State after the date the background check was performed. For purposes of this act: Completed application means the submission of all of the information designated on the checklist, adopted pursuant to section 1 of P.L.1991, c. 421 (C.13:1D-101), for the class or category of permit for which application is made. 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 departments 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 individuals 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 licensee or his agent or any other person violating the act or regulation administered by the board; e. Order any person, as a condition for continued, reinstated or renewed licensure, to secure medical or such other professional treatment as may be necessary to properly discharge licensee functions; f. Order any person, as a condition for continued, reinstated or renewed licensure, to submit to any medical or diagnostic testing and monitoring or psychological evaluation which may be required to evaluate whether continued practice may jeopardize the safety and welfare of the public; g. Order any person, as a condition for continued, reinstated or renewed licensure, to submit to an assessment of skills to determine whether the licensee can continue to practice with reasonable skill and safety, and to take and successfully complete educational training determined by the board to be necessary; h. Order any person, as a condition for continued, reinstated or renewed licensure, to submit to an assessment of skills to determine whether the licensee can continue to practice with reasonable skill and safety, and to submit to any supervision, monitoring or limitation on practice determined by the board to be necessary. A board may, upon a duly verified application of the Attorney General that either provides proof of a conviction of a court of competent jurisdiction for a crime or offense involving moral turpitude or relating adversely to the regulated profession or occupation, or alleges an act or practice violating any provision of an act or regulation administered by such board, enter a temporary order suspending or limiting any license issued by the board pending plenary hearing on an administrative complaint; provided, however, no such temporary order shall be entered unless the application made to the board palpably demonstrates a clear and imminent danger to the public health, safety and welfare and notice of such application is given to the licensee affected by such order. If, upon review of the Attorney Generals application, the board determines that, although no palpable demonstration of a clear and imminent danger has been made, the licensees continued unrestricted practice pending plenary hearing may pose a risk to the public health, safety and welfare, the board may order the licensee to submit to medical or diagnostic testing and monitoring, or psychological evaluation, or an assessment of skills to determine whether the licensee can continue to practice with reasonable skill and safety. In any administrative proceeding commenced on a complaint alleging a violation of an act or regulation administered by a board, such board may issue subpoenas to compel the attendance of witnesses or the production of books, records, or documents at the hearing on the complaint.

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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. Thereupon the clerk shall immediately enter upon his record of docketed judgments the name of the person so indebted and of the State, a designation of the statute under which the penalty is imposed, the amount of the penalty imposed, and amount of moneys ordered restored, a listing of property ordered restored, and the date of the certification. Such entry shall have the same force and effect as the entry of a docketed judgment in the Superior Court, and the Attorney General shall have all rights and remedies of a judgment creditor in addition to exercising any other available remedies. Such entry, however, shall be without prejudice to the right of appeal to the Appellate Division of the Superior Court from the boards 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 defendant fails to answer such action, the court shall issue a warrant for the defendants 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 defendants arrest in order to bring such person before the court to satisfy the civil penalties imposed. In any action commenced pursuant to this section, the court may order restored to any person in interest any moneys or property acquired by means of an unlawful act or practice. c. Any action alleging the unlicensed practice of a profession or occupation shall be brought pursuant to this section or, where injunctive relief is sought, by an action commenced in the Superior Court. d. In any action brought pursuant to this act, a board or the court may order the payment of costs for the use of the State, including, but not limited to, costs of investigation, expert witness fees and costs, attorney fees and costs, and transcript costs. 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.

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CHAPTER 4B. BUILDING DESIGN SERVICES45:4B-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 Legislatures 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 2

N.J.S.A. 45:4B-7. 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 connection with the design, construction, enlargement, or alteration of a building or a group of buildings and the space within or surrounding those buildings, which have as their principal purpose human use or habitation. These services include site planning, providing preliminary studies, architectural designs, drawings, specifications, other technical documentation, and administration of construction for the purpose of determining compliance with drawings and specifications. i. Practice of engineering or engineering services means any service or creative work the adequate performance of which requires engineering education, training, and experience and the application of special knowledge of the mathematical, physical and engineering sciences to such services or creative work as consultation, investigation, evaluation, planning and design of engineering works and systems, planning the use of land and water, engineering studies, and the administration of construction for the purpose of determining compliance with drawings and specifications; any of which embraces such services or work, either public or private, in connection with any engineering project including: utilities, structures, buildings, machines, equipment, processes, work systems, projects, telecommunications, and industrial or consumer products or equipment of a mechanical, electrical, hydraulic, pneumatic or thermal nature, insofar as they involve safeguarding life, health or property, and including such other professional services as may be necessary to the planning, progress and completion of any engineering services. The design of buildings by professional engineers shall be consistent with section 7 of this act. The practice of professional engineering shall not include the work ordinarily performed by persons who operate or maintain machinery or equipment. j. Responsible charge means the rendering of regular and effective supervision by a competent licensed architect or professional engineer as appropriate to those individuals performing services which directly and materially affect the quality and competence of professional work rendered by the licensee. A licensee engaged in any of the following acts or practices shall be deemed not to have rendered regular and effective supervision: (1) The regular and continuous absence from principal office premises from which professional services are rendered, except for the performance of field work or presence in a field 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 2

N.J.S.A. 45:4B-7. N.J.S.A. 45:4B-4.

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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 respective boards during their terms of office. The gubernatorial appointment shall be a resident of this State with experience as an arbitrator and shall not be a licensed architect, professional engineer, or a closely allied professional. The gubernatorial appointment shall serve from the date of appointment for a term of five years and shall not serve for more than two consecutive terms. The gubernatorial appointment may be removed for cause by the Governor. An alternate member shall be chosen from each board in the same manner as the professional members. An alternate member may represent the appointing board when a professional member is absent from a joint committee meeting. While acting in this capacity the alternate member shall enjoy all the rights and privileges of a voting professional member. The gubernatorial appointment with an equal number of architect and engineer professional members present shall constitute a quorum. No joint committee business shall be conducted without a quorum. The joint committee shall meet at least six times a year, except that it shall meet no less than once every two months. The joint committee members shall be entitled to receive per diem fees and expenses equivalent to fees paid to members of the professional and occupational licensing boards pursuant to section 2 of P.L.1977, c. 285 (C.45:1-2.5). 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 committees 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 structures primary use group classification for the purpose of determining if such building or structure is an architectural or engineering project, or both. Requests for declaratory rulings shall be submitted to the joint committee by either of the boards. The joint committee may issue a declaratory ruling which shall bind the boards and all parties to the proceeding on the state of the facts alleged. That ruling shall be deemed a final decision or action subject to review in the Appellate Division of the Superior Court. g. To promulgate rules and regulations pursuant to the Administrative Procedure Act, P.L.1968, c. 410 (C. 52:14B-1 et seq.) to carry out the purposes of this act.

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 members 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 Codes provisions are altered in subsequent editions nothing herein contained shall be deemed to be altered. BUILDING DESIGN CATEGORIESBOCA UseGroup Architects May Design Classification AAssembly AllA5 Outdoor BBusiness All EEducational All FFactory and Industrial All HHigh Hazard All IInstitutional All MMercantile All RResidential All SStorage All UUtility AllExcept an Engineering Work Engineers May Design Assembly use or as an incidental use. None other than Note 1 or as an incidental use None except for an incidental use All All None except for an incidental use None except for an incidental use None except for an incidental use All All

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Note 1. Professional engineers may design the following projects within the B Use group: (a) Car wash facilities; (b) Materials testing laboratories; and, (c) Telephone exchanges and data processing relay or equipment facilities. b. An engineering work such as a sewage or water treatment plant, power plant, or 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 buildings 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 independent 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.45:856) shall, in addition to the requirements provided therein, be subject to the following:

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(1) At least two thirds of the directors shall be professional engineers; and (2) A minimum of 20% of the shares shall be owned by professional engineers. 45:4B-9. Provision of architectural and engineering services by sole proprietor or 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 architects 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 architects office under a subcontract with a professional engineer who is in responsible charge of the work. The contract shall be in writing and provide that the professional engineer shall exercise independent professional judgment consistent with accepted standards of engineering with regard to the project as its circumstances may dictate. This work product shall be submitted by said engineer: (1) On drawings with the engineers 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. 45:114 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.

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CHAPTER 8. ENGINEERS, PROFESSIONAL, AND LAND SURVEYORS45:8-1 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. ). 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 completion of any engineering services. The design of buildings by professional engineers shall be consistent with section 7 of the Building Design Services Act. P.L.1989, c. 277 (C. 45:4B-7). The practice of professional engineering shall not include the work ordinarily performed by persons who operate or maintain machinery or equipment. The provisions of this chapter shall not be construed to prevent or affect the employment of architects in connection with engineering projects within the scope of the act to regulate the practice of architecture and all the amendments and supplements thereto. A person shall be construed to practice or offer to practice engineering, within the meaning and intent of this chapter, who practices any branch of the profession of engineering; or who, by verbal claim, sign, advertisement, letterhead, card, or in any other way represents himself to be a professional engineer, or through the use of some other title utilizing or including the word 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 professional surveyor; or who represents himself as able to perform any land surveying service or work or any service which is recognized as within the practice of land surveying shall be deemed to practice or offer to practice land surveying. Nothing in this chapter shall preclude a person licensed by the board as a professional engineer from performing those measurements necessary for the design, construction stake-out, construction and post-construction records of an engineering project, provided that these measurements are not related to property lines, lot lines, easement lines, or right-of-way lines, the establishment of which are required to be made by a land surveyor. (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 pursuant to this amendatory and supplementary act. (i) The term joint committee shall mean the Joint Committee of Architects and Engineers established pursuant to the Building Design Services Act, P.L.1989, c. 277 (C. 45:4B1 et seq.). (j) The term closely allied professional as used in this chapter shall mean and is limited to licensed architects, professional engineers, land surveyors, and professional planners. (k) The term telecommunications as used in this chapter, shall mean, as it is applied to the practice of engineering, subjects which deal with the generation, transmission, receiving, and processing of information bearing signals for the purpose of fulfilling a particular communication need. The most common forms of signals are those encountered in voice, image and data transmission. Subjects relevant to telecommunications include but are not limited to: analog and digital circuits, propagation of electromagnetic energy through guided media such as a transmission line, fibers, wave guides, and unguided media such as free space as in broadcast and mobile communication systems, communication theory, including modulation, noise interference, and the interface with computers. (l) The term surveyor-in-training as used in this chapter shall mean a person who is a potential candidate for licensure as a land surveyor, who is a graduate in an approved surveying curriculum of four years or more from a school or college accredited by the board as of satisfactory standing, and who, in addition, has successfully passed an examination in the fundamental surveying subjects, approved by the board pursuant to section 9 of P.L.1938, c. 342 (C. 45:8-35). 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. Thereafter, each member shall hold office after the expiration of his term until his successor shall be duly appointed and qualified. A member of the board shall not be eligible to succeed himself more than once, except that the present members of the board shall be eligible to succeed themselves once hereafter. The terms of office of the members of said board shall commence on the first day of May. Vacancies in the membership of the board, however 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 respective terms expire, except as provided elsewhere herein for removal. To supervise all necessary administrative work of the board, there is hereby created the position of secretary-director to the board. The board shall appoint such a secretary-director, to serve for a term of five years, at a salary determined by the board. Duties of the secretary-director of the board shall be those defined by the board. The secretary-director of the board shall not be a member of the board. The board may provide for the creation of additional positions, as deemed necessary to make effective the provisions of this act. The board shall arrange through lease or otherwise to maintain suitable offices within the State of New Jersey for the conduct of the business of the board. 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. Appointees, other than the two public members and the State executive department member appointed pursuant to the provisions of P.L.1971, c. 60 (C. 45:1-2.1 et seq.) and the two appointees added pursuant to this 1985 amendatory act, shall have been licensed as professional engineers in New Jersey for a period of at least five years, at least one member of whom shall also be a licensed land surveyor and the two appointees added pursuant to this 1985 amendatory act and their successors shall have been licensed as professional land surveyors in this State for a period of at least five years. The Governor may remove any member of the board after hearing, for misconduct, incompetency, neglect of duty or for any other sufficient cause. Each member of the board shall receive $50.00 for each day of actual service in attending meetings of the board at which business is transacted, and not to exceed $1,000.00 a year for each member and, in addition, shall be reimbursed for all necessary expenses, incidental to their duties as members of said board, incurred in carrying out the provisions of this chapter. 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 applicants 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 applicants engineering experience.

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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 applicants 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 applicants 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 applicants 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 applicants 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 provided that the applicant has not failed any portion of a nationally administered, two-day examination, required by the board, that was taken in order to receive licensure by the issuing agency. (2) As a land surveyor: a. (i) Until December 31, 1990, successful completion of a board approved program in surveying in a school or college approved by the board as of satisfactory standing; an additional four years or more of experience in land surveying work of a character satisfactory to the board and indicating that the applicant is competent to be placed in responsible charge of such work; and successfully passing a written examination; or (ii) Effective January 1, 1991, graduation from a board approved curriculum in surveying of four years or more; an additional three years or more of experience in land surveying work of a character satisfactory to the board and indicating that the applicant is competent to be placed in responsible charge of that work; and successfully passing all parts of the written examination; or b. Until December 31, 1990, successfully passing a written examination in surveying prescribed by the board; and a specific record of six years or more of experience in land surveying work of a character satisfactory to the board and indicating that the applicant is competent to be placed in responsible charge of such work; or c. (Deleted by amendment, P.L.1977, c. 340.) d. A certificate of registration, issued by any state or territory or possession of the United States, or of any country, may, in the discretion of the board, be accepted as minimum evidence satisfactory to the board that the applicant is qualified for registration as a land surveyor; provided that the minimum requirements for examination and license by the issuing agency in effect at the time of application to the issuing agency, which the applicant satisfied in order to qualify for examination by that issuing agency, are at least comparable to those same minimum requirements of the board which were in effect in this State at that time; and provided that the issuing agency attests to the licensing criteria at the time of the applicants 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 examination which is designated as Part F. b. (Deleted by amendment, P.L.1989, c. 276.) (4) As a surveyor-in-training: Graduation from a board approved curriculum in land surveying of four years or more; and successfully passing the fundamentals portion of a board approved written examination.

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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 masters degree in engineering shall be considered as equivalent to one year of engineering experience and completion of a doctors 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 boards evaluation of the applicants 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 applicants 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 FFundamentals of EngineeringThis examination is intended to assess the applicants competency in the fundamental engineering subjects and basic engineering sciences, such as mathematics, chemistry, physics, statistics, dynamics, materials science, mechanics of materials, structures, fluid mechanics, hydraulics, thermodynamics, electrical theory, and economics. A knowledge of P.L.1938, c. 342 (C. 45:8-27 et seq.) is also required. Part PSpecialized TrainingThis examination is intended to assess the extent of the applicants 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.

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The scope, time and place of the examinations for applicants for certificates of registration as engineers-in-training shall be prescribed by the board. A candidate failing an examination 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 masters degree in surveying shall be considered as equivalent to one year of surveying experience and completion of a doctors 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 applicants 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 applicants 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 FFundamentals of Land SurveyingThis examination is intended to assess the applicants 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 PSpecialized TrainingThis examination is intended to assess the extent of the applicants 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.

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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.11

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 evidence that the person named therein is entitled to all the rights and privileges of a licensed professional engineer or a licensed land surveyor, or as both as the case may be, while said certificate remains unrevoked , unexpired , or is not on a retired status list. 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 licensees certificate, but it shall be unlawful for anyone to stamp or seal any documents with said seal after the certificate of the licensee named thereon has expired , has been revoked, or is on a retired status list, unless said certificate shall have been renewed , reissued or reinstated from retirement status as provided pursuant to section 3 of P.L.1995, c. 36 (C. 45:8-36.2). The exact method of fulfilling the requirement as to the sealing of documents shall be regulated by the board. All professional engineers licensed by this board prior to the passage of this chapter, shall continue to practice under the various classifications heretofore granted and within the branches of engineering indicated or may, upon application therefor, and the payment of a fee of $5.00 receive a new certificate under the title professional engineer; provided, said professional engineer presents evidence satisfactory to the board of his qualifications to practice in the field of general engineering comprehended in the title professional engineer. All license certificates shall be recorded by the board in the office of the Secretary of State, in a book kept for that purpose and any recording fee as may be provided by law shall be paid by the applicant before the license certificate is delivered. The examining board shall be empowered to issue a certificate of registration as Engineer-inTraining 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 boards 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 licensed land surveyor or under the supervision of a licensed land surveyor. These markers shall be set at each property corner not previously marked by a property marker, unless the actual corner is not accessible, or unless a written waiver signed by the ultimate user is obtained and retained for a period of not less than six years by the surveyor performing the survey. b. Whenever a written waiver to omit corner markers is obtained pursuant to subsection a. of this section, the following notation shall be included on the plat or plan of survey: A written Waiver and Direction Not to Set Corner Markers has been obtained from the ultimate user pursuant to P.L.2003, c. 14 (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 reinstatement and shall become invalid on that day unless renewed. Licensees shall apply for renewal on or before the thirtieth day of April of each year. It shall be the duty of the secretary of the board to notify all persons licensed under this chapter of the date of the expiration of their certificates and the amount of the fee that shall be required for their renewal for one year; such notice shall be mailed to each licensee at his post-office address known to the board at least one month in advance of the date of expiration of said certificate. Renewal of any certificate issued under this chapter may be effected at any time during the month of April by the payment of the fee of five dollars ($5.00). The failure on the part of the licensee to renew his certificate annually in the month of April as required shall not deprive such person of the right of renewal during the ensuing year but the fee to be paid if the license be renewed in any month during the current year subsequent to April shall be seven dollars ($7.00) instead of five dollars ($5.00); and, if the license certificate be not renewed in the current year, the licensee shall pay a reinstatement fee of ten dollars ($10.00) plus five dollars ($5.00) for each year in which the licensee is in arrears. One notice to the licensee, by mail, on or before April fifteenth, addressed to his last post-office address known to the board, informing him of his failure to have applied for a renewal of his license certificate, shall constitute legal notification of such delinquency by the board. The failure on the part of the licensee to renew his certificate within one year from the date of the expiration of said license certificate will automatically revoke such license certificate and the right of the person to practice thereafter shall be restored only upon the payment of the ten dollar ($10.00) reinstatement fee plus all arrearages. Continuing to practice as a professional engineer or as a land surveyor after the expiration of his license shall render the person so doing liable to all the penalties prescribed for practicing without a license certificate. 45:8-37.1. Repealed by L.1950, c. 149, 19, eff. May 26, 1950 45:8-38. Repealed by L.1979, c. 432, 1, eff. Feb. 14, 1980

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45:8-39. Practice without license and other violations; penalties; enforcement; powers of 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. 45:4B1 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.

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45:8-40. Persons exempt The following shall be exempted from the provisions of this chapter: (1) A person not a resident of and having no established place of business in this State, practicing or offering to practice herein professional engineering or land surveying 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 nothing in this chapter shall apply to any public utility as defined in chapter 2 of Title 48 of the Revised Statutes, or any employee thereof or to any improvement or proposed improvement made by any such public utility or by any employee of or any contractor or agent for said public utility. Nothing in this chapter shall apply to a corporation or any of its affiliated companies any of which are in the field of telecommunications or any employee thereof where either said corporation or any of its affiliated companies is subject to the jurisdiction of the State Board of Public Utilities or the Federal Communications Commission. Nothing in this chapter shall apply to a corporation in the field of telecommunications, or to its affiliates, or any employees thereof in which the primary business is research and technical development manufacturing or product design. 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 owners or lessees 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 unconstitutional 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.

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45:8-58. Authority of board to review professional conduct of corporations; biennial renewal fee; suspension, revocation or denial of renewal of certificate; rules and regulations The board shall have the authority to review the professional conduct of any corporation 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.).

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CHAPTER 8B. CONDOMINIUMS46:8B-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.

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(k) The name and nature of the association and if the association is not incorporated, the name and residence address, within this State of the person designated as agent to receive service of process upon the association. (l) The proportions or percentages and manner of sharing common expenses and owning common surplus. (m) Any other provisions, not inconsistent with the Condominium Act, P.L.1969, c. 257 (C.46:8B-1 et seq.), as may be desired, including but not limited to restrictions or limitations upon the use, occupancy, transfer, leasing or other disposition of any unit (provided that any restriction or limitation shall be otherwise permitted by law) and limitations upon the use of common elements.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.

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CHAPTER 23. MAP OF LANDS; APPROVAL AND FILING46:23-9.8. 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.46:2349

9.9 et seq.). Right of way parcel maps shall meet the requirements of subsections a. through d., subsections f. through i., subsection m. and paragraph 12 of subsection r. of this section. Minor subdivision maps shall meet the requirements of subsections a. through i., and k. through q., and subsection j. except for the outside tract line monuments, and paragraph 13 of subsection r. of this section. A condominium plan shall be filed in accordance with the requirements of subsections a. through c., subsections f. through i., and subsection m. of this section. No map requiring approval by law or that is to be approved for filing with a county recording officer, shall be approved by the proper authority unless it shall conform to the following requirements: a. It shall be clearly and legibly drawn, and where required endorsed and presented either as an original drawing in black ink on translucent tracing cloth, translucent mylars at least 4 mils thick or its equivalent, of good quality, with signatures in ink, or as an equivalent reproduction on photographic fixed line mylar 4 mils thick with signatures in black ink or its equivalent and shall be accompanied by a cloth print or photographic fixed line mylar 4 mils thick duplicate thereof. b. It shall be one of six standard sizes namely, 8 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 boundaries shown thereon, including public easements and areas dedicated for public use. Nontangent curves and non-radial lines shall be labeled. Right of way parcel maps shall show bearings, distances and curve data for the right of way or the center line or base line and ties to right of way lines if from a base line. e. Where lots are shown thereon, those in each block shall be numbered consecutively. In municipalities where tax maps exist, block and lot designations shall conform therewith, if the municipal regulations so require. In counties which have adopted or shall adopt the local or block system of indices pursuant to sections 46:24-1 to 46:24-22 of the Revised Statutes, it shall have delineated and shown thereon the block boundary or boundaries and designations established by the board of commissioners of land records of such counties respecting the territory intended to be shown on such map. f. The reference meridian used for bearings on the map shall be shown graphically. The coordinate base, either assumed or based on the New Jersey Plane Coordinate System, shall be shown on the plat. g. All municipal boundary lines crossing or adjacent to the territory intended to be shown shall be shown and designated. h. All natural and artificial watercourses, streams, shorelines and water boundaries and encroachment lines shall be shown. On right of way parcel maps all easements that affect the right of 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 corners marked, as promulgated by the State Board of Professional Engineers and Land Surveyors and has been made under my supervision, and complies with the provisions of the map filing law and that the outbound corner markers as shown have been found, or set. (Include the following, if applicable) I do further certify that the monuments as designated and shown hereon have been set. ................................................................................................................................................ Licensed Professional Land Surveyor and No. (Affix Seal) (2) If the land surveyor who prepares the map is different than the land surveyor who prepared the outbound survey, the following two certificates shall be added in lieu of the certificate above. I hereby certify to the best of my knowledge information and belief that this land survey dated has been made under my supervision and meets the minimum survey detail requirements, with outbound corners marked, promulgated by the State Board of Professional Engineers and Land Surveyors and that the outbound corner markers as shown have been found, or set. ................................................................................................................. 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 provisions 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 Engineers and Land Surveyors. All monuments shall include the identification of the professional land surveyor or firm. They shall be firmly set in the ground so as to be visible at the following control points; provided that in lieu of installation of the monuments, the municipality may accept bond with sufficient surety in form and amount to be determined by the governing body, conditioned upon the proper installation of 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 Ttype intersection. (4) At any two corners formed by the right-of-way lines of any two streets in an X or Y type intersection. (5) If the right-of-way lines of two streets are connected by a curve at an intersection, monuments shall be as stipulated in (3) and (4) of this subsection at one of the following control points: (a) The point of intersection of the prolongation of said lines. (b) The point of curvature of the connecting curve or, (c) The point of tangency of the connecting curve. (6) At the beginning and ending of all tangents on 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. Complete curve data as indicated in subsection d. of this section shall be shown on both sides. (8) At intermediate points in the sidelines of a street between 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 values shall be indicated. (9) In cases where it is impossible to set a monument at any of the above designated points, a nearby reference monument shall be set and its relation to the designated point shall be clearly designated on the map; or the plate on the reference monument shall be stamped with the word offset and its relation to the monument shown on the filed map. (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.

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(11) By the filing of a map in accordance with the provisions of the map filing law, reasonable survey access to the monuments is granted, which shall not restrict in any way the use of the property by the landowner. (12) On right of way parcel maps, the monuments shall be set at the points of curvature, points of tangency, points of reverse curvature and points of compound curvature or the control base line or center line, if used, and be intervisible with a second monument. (13) On minor subdivisions a monument shall be set at each intersection of an outside boundary of the newly created lot(s) with the right of way line of any side of an existing street. 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 publication for the solicitation of bids for work and material for a highway, road or street project. The provisions of P.L.1997, c. 211 shall apply to the filing of right of way parcel maps after July 1, 2001. b. All right of way parcel maps, and amendments thereto, of the State, or any county or municipality showing acquisitions and associated easements for projects for which construction bids are advertised on or prior to July 1, 2001 may be filed with the county recording officer at any time without meeting the requirements of P.L.1997, c. 211, so long as certification as to the date of the advertisement notice is produced when requested by the county recording officer. c. The plot plan which is required to be included as part of a declaration of taking under paragraph (c) of section 17 of P.L.1971, c. 361 (C. 20:3-17) need only meet the accuracy standards of a right of way parcel map. d. The scale of the maps and the dimensions depicted upon right of way parcel maps may be in Metric or English at the discretion of the preparer. e. In addition to sizes set forth in P.L. 1997, c. 211, a map size of 22 inches by 36 inches 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.

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CHAPTER 40 STATE BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORSSUBCHAPTER 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 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. (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 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.

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SUBCHAPTER 2. APPLICATION REQUIREMENTS

13:40-2.1. Application submission (a) An applicant for licensure shall file with the Board the following: 1. A completed application, typewritten and notarized; 2. Supplemental documents as required by N.J.A.C. 13:40-2.4 through 2.7 for engineer-in-training, 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 postmarked by the prescribed deadline shall not be reviewed for the next scheduled examination. The application shall be held and reviewed for the subsequent scheduled examination, provided that 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 application shall be canceled. (b) An applicant whose application has been canceled may reapply and shall satisfy the eligibility 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 applicants 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 comprehension 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 applicants school indicating that the applicant is currently enrolled as a senior in good academic standing; 3. The Board receives an official transcript from the applicants 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 applicants 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 FFundamentals of Engineering; 60

2. Part PPrinciples 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 applicants 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 applicants school indicating that the applicant is currently enrolled as a senior in good academic standing; 3. The Board receives an official transcript from the applicants 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.

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13:40-2.7. Land surveyor; application procedures; eligibility requirements (a) An applicant for licensure as a land surveyor shall submit the following to the Board: 1. A completed application which contains information concerning the applicants 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 comprehension 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 FFundamentals of Land Surveying; 2. Part PPrinciples 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 institution 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 differential 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 appropriate 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 approved 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 applicants school and shall contain an official registrars 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, 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. 13:40-2.9. Education requirements: land surveyor-in-training; land surveyor (a) Each applicant shall provide the Board with an official transcript reflecting the degree(s) earned by the applicant. The transcript shall be sent directly from the educational institution to the Board and shall include the Board assigned application number of the applicant. (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;

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(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 applicants school and shall contain an official registrars 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 Boardapproved 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 masters degree in engineering may be substituted for one year of the required professional experience required by (a)1 above. 1. A masters 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 64

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 masters 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 applicants 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. 65

(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 knowledge of the applicants 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 applicants experience or training. The professional references for that portion of the applicants experience constituting the minimum experience required for licensure shall be professional engineers who were in responsible charge of that minimum experience. If the number of experience engagements necessary to constitute the minimum experience requires more than three professional references to confirm such experience, such additional professional references shall be required. Special circumstances may be considered by the Board at the time of application in such cases where a licensed professional engineer in responsible charge of the work being claimed by the applicant is not available. 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 applicants 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 applicants experience or training. The professional references for that portion of the applicants 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 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 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 applicants 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. 67

(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 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. 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. 68

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 licensees 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 accordance 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 topographical 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 information and documentation in the clients 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 owners 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 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. When a property corner cannot be set because of physical constraints, a witness marker shall be set and so noted upon the plat of survey. 2. Markers for property corners set by licensed surveyors shall be composed of durable material and be of the minimum length practical to reasonably assure permanence, with a recommended length of 18 inches or more. These markers may include: i. Concrete monuments; ii. Iron pins, one-half inch O.D. or larger; iii. Reinforcing steel bars one-half inch O.D. or larger; iv. Iron pipes, one-half inch O.D. or larger; v. Commercially manufactured iron or aluminum monuments; vi. Brass discs (or similar metal), set in durable material; vii. Nails or spikes set in durable materials; viii. Drill holes in durable materials; ix. Plastic stakes. 71

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 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. 13:40-2.1 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; 72

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 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 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 of 73

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. 45:8-38. (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 drawings 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: 74

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.

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14. Any applicant who is required under N.J.A.C. 13:40-2 to have his or her degree evaluated 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. 76

(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 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.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 78

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 corporations 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.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. 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. 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. 79

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-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 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); 80

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 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; 81

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, instructors or speakers 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 82

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. The curriculum vitae must reflect the instructors 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. 83

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. 84

(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 licensees 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 licensees 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 licensees current address, telephone number, details of any disciplinary matters, information concerning whether the licensee has signed and sealed any projects while on retired 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. 13:406.1; 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 REGULATIONSSUBCHAPTER 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. Licensees 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 licensees licensing agency into a licensees 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 licensees 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 agencys enabling act and thus subject a licensee to disciplinary action pursuant to N.J.S.A. 45:1-21(h) or the agencys 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 licensees 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 licensees 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;

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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 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; 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 licensees 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 counselorclient 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 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 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 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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NoticePlease refer to the Boards website at :http://njconsumeraffairs.gov/nonmedical/pels.htm

for any changes to its statutes & regulations which may not be included here.

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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) Instructors 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 ________________________

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New Jersey Office of the Attorney GeneralDivision 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 required, the matter is referred to the office of the Attorney General. In that case, formal charges may be filed against the licensee and the licensee will be given an opportunity to defend himself or herself. This process can take a considerable period of time. If the complaint involves a dispute over fees, please be advised that the Board has limited jurisdiction over fees charged by professionals. If the Board determines that there is insufficient basis to pursue disciplinary action, but determines that the matter involves a fee dispute, your complaint may be referred to the Alternative Dispute Resolution (ADR) Unit of the Division of Consumer Affairs. The ADR is a free mediation service that can be helpful in resolving such matters. Until a final determination has been made, the Board is not permitted to disclose information regarding the matter. You will be notified in writing when a final determination has been made.

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

Complaint FormPlease print clearly.

Please be advised that any information you supply on this complaint form may be subject to public disclosure. If 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 InformationNAME:_________________________________________ ADDRESS: ______________________________________ CITY:__________________________________________ STATE:___________________ZIP CODE:______________ HOME TELEPHONE NUMBER: _________________________(include area code)

Complaint Reported AgainstNAME:_________________________________________ BUSINESS NAME: _________________________________ ADDRESS: ______________________________________ CITY:__________________________________________ STATE:_______________________ZIP CODE:__________ TELEPHONE NUMBER: ______________________________(include area code)

WORK TELEPHONE NUMBER: ________________________(include area code)

FAX NUMBER: ___________________________________ E-MAIL ADDRESS: ________________________________ DATE: _________________________________________

TITLE: _________________________________________ LICENSE NUMBER (IF KNOWN): _______________________ DATES OF TREATMENT/SERVICE: FROM: ___________________ TO: __________________

1. What is the relationship between the complainant and the consumer or patient? Self Parent Friend Legal Guardian Spouse Son/Daughter Brother/Sister 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)

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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 Fraud Professional/Occupational Misconduct Unlicensed Practice Advertising Incompetence Sexual Misconduct Fees/Billing Practices Insurance Fraud Substance Abuse/Impairment

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.

_______________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________

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7. Please describe any action taken to resolve this matter prior to contacting the Board. Please print clearly. You may use additional sheets of paper if they are needed.

_______________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________All complaints must be accompanied by readable copies (NO ORIGINALS) of any complaint-related contracts, bills, receipts, canceled checks, correspondence or any other documents you feel are related to your complaint. 8. I certify that the statements made by me in this complaint are true and any documents attached are true copies. I am aware that if any statements made by me are willfully false, I am subject to punishment.

_______________________________________________Signature*

____________________Date

Return to:

Divison of Consumer 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

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RICHARD J. CODEY Acting Governor

Division of Consumer Affairs State Board of Professional Engineers and Land Surveyors 124 Halsey Street, 3rd Floor, Newark, NJ 07102www.njconsumeraffairs.com

PETER C. HARVEY Attorney General 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 SURVEYORSRe: 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 RussoArthur Russo Executive Director State Board of Professional Engineers and Land Surveyors

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

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RICHARD J. CODEY Acting Governor

Division of Consumer Affairs State Board of Professional Engineers and Land Surveyors 124 Halsey Street, 3rd Floor, Newark, NJ 07102www.njconsumeraffairs.com

PETER C. HARVEY Attorney General

Kimberly S. RickettsActing Director Mailing Address: P.O. Box 45015 Newark, NJ 07101 (973) 504-6460 FAX: (973) 273-8020

CERTIFICATE OF AUTHORIZATION INSTRUCTION SHEET** **

The form must be typewritten or printed clearly, separate sheets may be used for additional information. Please provide a telephone number. An application fee of $120.00, made payable to the Board of Professional Engineers and 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

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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.

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Department of Law & Public Safety to obtain a Certificate of Authorization Division of Consumer Affairs State Board of Professional Engineers & Land Surveyors * Must complete D etails of Ownership if offering P.O. Box 45015 Building Design Services, consisting of closely allied Newark, NJ 07101

Professional Service Corporations (N.J.S.A. 14A:17-1 et seq.) are not required

State of New JerseyCheck as appropriate: * Engineering ** Land Surveying ** Engineering & Land Surveying ** 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 2. If any space is inadequate, use a separate sheet 3. Enclose a check made payable to the State Board of Professional Engineers & Land Surveyors 4. Business addresses listed on this application must numberedState of Incorporation

Instructions5. Attach a Certificate of Good Standing issued by the New Jersey Department of the Treasury , and also from the original state of incorporation. 6. Return original to the Board office at the above address 7. Biennial renewals of the Certificate of Authorization is required. Date of this application

Applicant (Name of Corporation)

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?

Address of principal office in New Jersey (if different from above) (2)

* * Yes* * NO I am aware that the Certificate of Authorization may be revoked if 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 surveying in New Jersey. NJ LICENSE NUMBER PROF. ENG LAND SURV. SIGNATURE

99TITLE HOME ADDRESS

Addresses of other offices where professional services will be offered or provided in New Jersey. (Each office must be sequentially numbered beginning with 3; as 3, 4, 5, etc.)

CORPORATE OFFICERS/OWNERS

NAME

Persons in responsible charge listed below must include the numerical identifier of their work location following their name in the column below. If a licensee is in responsible charge of more than one office, use a separate line for each office and attach an explanation. If a licensee is also in responsible charge of engineering or land surveying services for other business entities or as a sole proprietor, he/she shall place 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.NJ License Number Prof. Eng. Land Surv. HOME ADDRESS x SIGNATURE

I hereby certify that I am familiar with the laws and regulation governing the practice of engineering and land surveying in New Jersey and the definition of responsible charge th erein and my responsibility under this definition

NAME

Designated Board Contact (Will receive all mail from the Board Office

(Use an additional sheet if necessary)

100Title Signed (Notary Public) Signed (Notary Public) For Office Use Only State Board Professional Engineers and Land Surveyors Date Issued Signed

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 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. Date

Signed (Designated Responsible Charge Licensee)X________________________ Typed Name:

Subscribed and sworn to before me this ________________day of ___________________________________, _____________________ . Date Commission Expires Seal of Notary Public Title

County and State

Name or Corporation

Signed (Authorized Officer) X__________________________________________ 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: Date Commission Expires Seal of Notary Public

County and State

Approved

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

Fee

** 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 SERVICESD* S B NUMBER OF SHARES OWNED TYPE NEW JERSEY PROFESSIONAL LICENSE NUMBER FOR OFFICIAL USE ONLY

NAME OF DIRECTOR/STOCKHOLDER

101(Use an additional sheet if necessary )

Total Shares Issued & Outstanding *D=Dir S=Stckhld B=Both

STATE BOARD OF PROFESSIONAL ENGINEERS &LAND SURVEYORS, NEWARK, NEW JERSEY GUIDELINES ON SEALS & TITLE BLOCKSSEALS 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)654-6033Mail Addresses of Member and Affiliate Member Boards with the name of person in charge of the office and their telephone number.

ALABAMAState Board of Licensure for Professional Engineers & Surveyors Regina A. Dinger, Executive Director rdinger@bels.state.al.us Office: 100 North Union Street, Suite 382 Montgomery, AL 36104-3762 Mailing: P.O. Box 304451 Montgomery, AL 36130-4451 Phone:(334) 242-5568 Fax:(334) 242-5105 Web site: http://www.bels.state.al.us

ARIZONAState Board of Technical Registration Ronald W. Dalrymple, Executive Director btrrwd@yahoo.com Office: 1110 W. Washington Street, Suite 240 Phoenix, AZ 85007 Phone: (602)364-4930 Fax: (602)364-4931 Web site: http://www.btr.state.az.us

ARKANSASState Board of Registration for Professional Engineers & Land Surveyors Joseph Clements, Jr., Executive Director josepht.clements@mail.state.ar.us Office: 410 West 3rd Street, Suite 100 Little Rock, AR 72201 Mail: P.O. Box 3750 Little Rock, AR 72203 Phone: (501)682-2824 Fax: (501)682-2827 Web site: http://www.state.ar.us/pels

ALASKAState Board of Registration for Architects, Engineers and Land Surveyors Executive Administrator: Nancy Hemenway nancy_hemenway@dced.state.ak.us Office Address: 333 Willoughby, 9th Floor State Office Building Juneau, AK Mailing Address: P.O. Box 100806 Juneau, AK 99811-0806 Phone: (907) 465-1676 Fax: (907) 465-2974 Web site: http://www.dced.state.ak.us/occ/pael.htm

CALIFORNIABoard of Professional Engineers & Land Surveyors Cindi Christenson, PE, Executive Director cindi_christenson@dca.ca.gov 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

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COLORADOState Board of Registration for Professional Engineers & Professional Land Surveyors Angeline Kinnaird, Program Administrator angie.kinnaird@dora.state.co.us Office: 1560 Broadway, Suite 1370 Denver, CO 80202 Phone: (303)894-7788 Fax:(303)894-7790 Web site: http://www.dora.state.co.usengineers_surveyors

FLORIDABoard of Professional Engineers Natalie Lowe, Member Board Administrator nlowe@fbpe.org Office: 2507 Callaway Road, Suite 200 Tallahassee, FL 32303 Phone: (850)521-0500 Fax: (850)521-0521 Web site: http://www.fbpe.org

GEORGIAState Board of Registration for Professional Engineers & Land Surveyors Darren Mickler, Executive Director dmickler@sos.state.ga.us Office: 237 Coliseum Drive Macon, GA 31217-3858 Phone: (478) 207-1450 Fax: (478)207-1456 Web site: http://www.sos.state.ga.us/plb/pels

CONNECTICUTState Board of Examiners for Professional Engineers & Land Surveyors Barbara Syp, Board Adminstrator barbara.syp@po.state.ct.us Office: The State Office Building, Room 100 165 Capitol Avenue Hartford, CT 06106-1630 Phone: (860)713-6145 Fax: (860)713-7230 Web site: http://www.state.ct.us/dcp

GUAMGuam Board of Registration for Professional Engineers, Architects and Land Surveyors Amor A. Pakingan, Board Administrator amor@guam-peals.org Office: 718 N. Marine Drive, Suite 208 Tamuning, GU96913-4425 Phone: (671)646-3115/3138 Fax: (671)649-9533 Web site: http://www.guam-peals.org

DELAWAREDelaware Association of Professional Engineers Margaret Abshagen, Executive Director peggy@dape.org Office: 56 W. Main Street, Suite 208, Plaza 273 Christiana, DE 19702 Phone: (302)368-6708 Fax: (302)368-6710 Web site: http://www.dape.org

HAWAIIBoard of Professional Engineers, Architects, Surveyors, & Landscape Architects James Kobashigawa, Executive Officer Office: 1010 Richards Street Honolulu, HI 96813 Phone: (808)586-2702 Fax: (808)586-2874 Web site: http://www.state.hi.us/dcca

DISTRICT OF COLUMBIABoard of Professional Engineers Linda E. Dixon, Board Representative linda.dixon@dc.gov Office: 941 North Capitol Street NE OPLA Room 2200 Washington, DC 20002 Phone: (202)442-4320 Fax: (202)442-4528

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IDAHOBoard of Professional Engineers & Professional Land Surveyors David L. Curtis, PE, Executive Director dcurtis@ipels.state.id.us Office: 600 S. Orchard, Suite A Boise, ID 83705-1242 Phone: (208)334-3860 Fax: (208)334-2008 Web site: http://www.state.id.us/ipels/index.htm

IOWAEngineering & Land Surveying Examining Board Gleean Coates, Executive Officer gleean.coates@comm7.state.ia.us Office: 1920 SE Hulsizer Ankeny, IA 50021 Phone: (515)281-4126 Fax: (515)281-7411 Website: http://www.state.ia.us/government/com

KANSASState Board of Technical Professions Betty L. Rose, Executive Director Office: Landon State Office Building 900 SW Jackson, Suite 507 Topeka, KS 66612-1257 Phone: (785)296-3053 Web site: http://www.accesskansas.org/ksbtp

ILLINOISDepartment of Professional Regulation State Board of Professional Engineers Terry Baird, Design Professions Coordinator Office: 320 West Washington Street, 3rd Floor Springfield, IL 62786 Phone: (217)785-0877 Fax: (217)782-7645 Web site: http://www.dpr.state.il.us

KENTUCKYState Board of Licensure for Professional Engineers & Land Surveyors B. David Cox, Executive Director bdavid.cox@mail.state.ky.us Office: Kentucky Engineering Center 160 Democrat Drive Frankfort, KY 40601 Phone: (800)573-2680, (502)573-2680 Fax: (502)573-6687 Web site: http://kyboels.state.ky.us

INDIANAState Board of Registration for Professional Engineers Gerald H. Quigley, Executive Director Office: 302 W. Washington Street, Room E-034 Indianapolis, IN 46204 Phone: (317)232-2980 Fax: (317)232-2312 Website: http://www.in.gov/pla/bandc/engineers

INDIANAState Board of Registration for Professional Land Surveyors Vickie Harless, Board Secretary Office: 302 W. Washington Street, Room E-034 Indianapolis, IN 46204 Phone: (317)232-2980 Fax: (317)232-2312 Web site: http://www.in.gov/pla/bandc/surveyors

MAINEState Board of Registration for Professional Engineers Beatrice M. Gagnon, Administrative Office Manager Office: Augusta Airpot Terminal Building -2nd Floor Augusta, ME 04330 Mailing: 92 State House Station Augusta, ME 04333-0092 Phone: (207) 287-3236 Fax: (207)626-2309 Web site: http://www.professionals.maineusa.com/engineers

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MAINEState Board of Licensure for Professional Land Surveyors Kim Baker-Stetson, Board Clerk kimberly.j.baker-stetson@maine.gov Office: 122 Northern Avenue Gardiner, ME 04345 Mail: 35 State House Station Augusta, ME 04333-0035 Phone: (207)624-8522 Fax: (207)624-8637 Web site: http://www.state.me.us/pfr/olr/categories/cat24.htm

MARYLANDState Board for Professional Land Surveyors Sally Wingo, Executive Director swingo@dllr.state.md.us Office: 500 North Calvert Street, Room 308 Baltimore, MD 21202-3651 Phone: (410)230-6322 Fax: (410)333-0021 Web site: http://www.dllr.state.md.us MASSACHUSETTS Board of Registration of Professional Engineers & Professional Land Surveyors Deborah Milliken, Administrative Assistant deborah.m.milliken@state.ma.us Office: Division of Professional Licensure 239 Causeway Street Boston, MA 02114 Phone: (617)727-9957 Fax: (617)727-1627 Web site: http://www.state.ma.us/reg MICHIGAN Michigan Department of CIS Board of Professional Engineers Gloria Keene, Licensing Administrator gkeene@michigan.gov Office: 2501 Woodlake Cirle Okemos, MI 48864 Mailing: P.O. Box 30018 Lansing, MI 48909 Phone: (517)241-9253 Fax: (517)241-9280 Web site: http://www.michigan.gov/cis/0,1607,7-15410557_12992_14016,00.html

LOUISIANALouisiana Professional Engineering & Land Surveying Board Benjamin S. Harrison, Acting Executive Secretary benh@lapels.com Office: 9643 Brookline Avenue, Suite 121 Baton Rouge, LA 70809-1433 Phone: (225)925-6291 Fax: (225)925-6292 Web site: http://www.lapels.com

MARYLANDState Board for Professional Engineers Sally Wingo, Executive Director swingo@dllr.state.md.us Office: 500 North Calvert Street, Room 308 Baltimore, MD 21202 Phone: (410)230-6322 Fax: (410)333-0021 Web site: http://www.dllr.state.md.us

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MICHIGAN Michigan Department of CIS Board of Professional Surveyors Gloria Keene, Licensing Administrator gkeene@michigan.gov Office: 2501 Woodlake Cirle Okemos, MI 48864 Mailing: P.O. Box 30018 Lansing, MI 48909 Phone: Fax: (517)241-9253 (517)241-9280

MISSOURI Missouri Board of Architects, Professional Engineers, Land Surveyors & Landscape Architects Judy Kempker, Executive Director jkempker@mail.state.mo.us Office: 3605 Missouri Blvd., Suite 380 Jefferson City, MO 65102 Mail: P.O. Box 184 Jefferson City, MO 65102 Phone: (573)751-0047 Fax:(573)751-8046 Web site: http://www.ecodev.state.mo.us/pr/moapels

Web site: http://www.michigan.gov/cis/0,1607,7-154 10557_12992_14016,00.html MINNESOTA State Board of Architecture, Engineering Land Surveying, Landscape Architecture, Geoscience, and Interior Design Doreen Frost, Executive Director doreen.b.frost@state.mn.us Office: The Golden Rule Building, Suite 160 85 East Seventh Place St. Paul, MN 55101 Phone: (651)296-2388 Fax: (651)297-5310 Web site: http://www.aelslagid.state.mn.us MISSISSIPPI State Board of Registration for Professional Engineers & Land Surveyors Rosemary Brister, Executive Director informatio@pepls.state.ms.us Office: The Robert E. Lee Building, Suite 501 239 North Lamar Jackson, MS 39205 Mailing: P.O. Box 3 Jackson, MS 39205 Phone:(601)359-6160 Fax:(601)359-6159 Web site: http://www.pepls.state.ms.us

MONTANABoard of Professional Engineers & Land Surveyors Todd Boucher, Board Administrator toboucher@state.mt.us Office: Dept. of Commerce P.O. Box 200513 301 South Park Avenue, 4th Floor Helena, MT 59620-0513 Phone: (406)841-2367 Fax: (406)841-2332 Web site: http://www.discoveringmontana.com/dli/bsd license/bsd_boards/pel_board/board_page.htm

NEBRASKABoard of Engineers and Architects Charles G. Nelson, Executive Director board@nol.org Office: 301 Centennial Mall, South Lincoln, NE 68508 Mailing: P.O. Box 95165 Lincoln, NE 68509 Phone:(402)471-2021/2407 Fax: (402)471-0787 Web site: http://www.ea.state.ne.us

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NEBRASKABoard of Examiners for Land Surveying Kathy Martin, Administrative Assistant kmartin@sso.state.ne.us Office: 555 North Cotner Blvd., Lower Level Lincoln, NE 68505 Phone: (402)471-2566 Fax: (402)471-3057 Web site: http://www.ea.state.ne.us

NEW JERSEYState Board of Professional Engineers & Land Surveyors Arthur Russo, Executive Director russo.arthur@lps.state.nj.us Office: 124 Halsey Street, 3rd Floor Newark, NJ 07102 Mailing: P.O. Box 45015 Newark, NJ 07101 Phone: (973)504-6460 Fax: (973)273-8020 Web site: http://njconsumeraffairs.gov/nonmedical/pels.htm

NEVADAState Board of Professional Engineers & Land Surveyors Noni Johnson, Executive Director nonijohnson@boe.state.nv.us Office: 1755 East Plumb Lane, Suite 135 Reno, NV 89502 Phone: (775)688-1231 Fax: (775)688-2991 Web site: http://www.boe.state.nv.us

NEW MEXICOBoard of Licensure for Professional Engineers & Surveyors Elena Garcia, Executive Director elena.garcia@state.nm.us Office: 1010 Marquez Place Santa Fe, NM 87505 Phone: (505)827-7561 Fax: (505)827-7566 Web site: http://www.state.nm.us/pepsboard

NEW HAMPSHIREBoard of Professional Engineers Louise Lavertu, Executive Director llavertu@nhsa.state.nh.us Office: 57 Regional Drive Concord, NH 03301 Phone: (603)271-2219 Fax: (603)271-6990 Web site: http://www.state.nh.us/jtboard/home.htm

NEW YORKState Board of Engineering & Land Surveying Jane Blair, Executive Secretary Office: State Education Building 89 Washington Avenue 2nd Floor, Mezzanine East-Wing Albany, NY 12234-1000 Phone: (518)474-3817, Ext. 140 Fax: (518)473-6282 Web site: http://www.op.nysed.gov

NEW HAMPSHIREBoard of Licensure for Land Surveyors Louise Lavertu, Executive Director llavertu@nhsa.state.nh.us Office: 57 Regional Drive Concord, NH 03301 Phone: (603)271-2219 Fax: (603)271-6990 Web site: http://www.state.nh.us/jtboard/home.htm

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NORTH CAROLINABoard of Examiners for Engineers and Surveyors Andrew L. Ritter, Executive Director aritter@ncbels.org Office: 310 W. Millbrook Road Raleigh, NC 27609-7197 Phone: (919)841-4000 Fax: (919)841-4012 Web site: http://www.ncbels.org

OREGONState Board of Examiners for Engineering and Land Surveying Edward B. Graham, PLS, Executive Secretary grahame@osbeels.org Office: 728 Hawthorne Avenue, NE Salem, OR 97301 Phone: (503)362-2666 Fax: (503)362-5454 Web site: http://www.osbeels.org

NORTH DAKOTAState Board of Registration for Professional Engineers & Land Surveyors Clifford E. Keller, Executive Secretary Office: 721 West Memorial Highway Bismark, ND 58504 Mailing: PO Box 1357 Bismarck, ND 58502-1357 Phone: (701)258-0786 Fax: (701)258-7471W Web site: http://www.ndpelsboard.org

PENNSYLVANIAState Registration Board for Professional Engineers, Land Surveyors, and Geologists Shirley S. Klinger, Board Administrator st-engineer@state.pa.us Office: 2601 North Third Street Harrisburg, PA 17110 Mailing: P.O. Box 2649 Harrisburg, PA 17105-2649 Phone: (717)783-7049 Fax: (717)705-5540 Web site: http://www.dos.state.pa.us/eng

NORTHERN MARIANA ISLANDSBoard of Professional Licensing Florence C. Sablan, Executive Director nmi.bpl@gtepacifica.net Office: Commonwealth of Northern Mariana Islands PO Box 502078 Saipan, Northern Mariana Islands 96950 Phone: (011)(670)234-5897 Fax: (011)(670)234-6040

PUERTO RICOBoard of Examiners of Engineers and Land Surveyors Marcos R. Velez Green, Executive Director Office: Secretaria Auxiliar de Juntas Examinadoras 151 Fortaleza Street, 3rd Fl, Office 308 San Juan, PR 00902-3271 Mailing: Secretaria Auxiliar de Juntas Examinadora Department of State P.O. Box 9023271 San Juan, PR 00902-3271 Phone: (787)722-2122 x 232(Board) (787)722-4816 (Executive Director) Fax:(787)722-4818

OKLAHOMAState Board of Registration for Professional Engineers & Land Surveyors Kathy Hart, Executive Director okpels@pels.state.ok.us Office: Oklahoma Engineering Center, Room 120 201 N.E. 27th Street Oklahoma City, OK 73105 Phone: (405)521-2874 Fax: (405)523-2135 Web site: http://www.pels.state.ok.us

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RHODE ISLANDBoard of Registration for Professional Engineers Lois Marshall, Administrative Assistant loism@mail.state.ri.us Office: 1 Capitol Hill, 3rd Floor Providence, RI 02908 Phone: (401)222-2565 Fax: (401)222-5744 Web site: http://www.bdp.state.ri.us

SOUTH DAKOTABoard of Technical Professions Ann Whipple, Executive Director ann.whipple@state.sd.us Ruth Knapp, Examinations ruth.knapp@state.sd.us Wendy Whipple, Applications wendy.whipple@state.sd.us Office: 2040 West Main Street, Suite 304 Rapid City, SD 57702-2447 Phone: (605)294-2510 Fax: (605)394-2509 Web site: http://www.state.sd.us/dol/boards/engineer/enghom.htm

RHODE ISLANDBoard of Registration for Professional Land Surveyors Christina M. Styron, Administrative Assistant chriss@mail.state.ri.us Office: 1 Capitol Hill, 3rd Floor Providence, RI 02908 Phone: (401)222-2038 Fax: (401)222-5744 Web site: http://www.bdp.state.ri.us

TENNESSEEState Board of Architectural and Engineering Examiners Barbara Bowling, Executive Director barbara.bowling@state.tn.us Office: Department of Commerce and Insurance 500 James Robertson Pkwy, 3rd Fl Nashville, TN 37243-1142 Phone: (800)256-5758, (615)741-3221 Fax: (615)532-9410 Web site: http://www.state.tn.us/commerce/ae.html

SOUTH CAROLINAState Board of Registration for Professional Engineers & Land Surveyors Jay Pitts, Board Administrator Office: 110 Centerview Drive, Kingstree Building PO Box 11597 Columbia, SC 29211-1597 Phone: (803)896-4422 (803)896-4427 Fax: Web site: http://www.llr.state.sc.us/POL/Engineers

TENNESSEEState Board of Examiners for Land Surveyors Donna Moulder, Director donna.moulder@state.tn.us Office: 500 James Robertson Pkwy, 2nd Fl Nashville, TN 37243-1146 Phone: (615)741-3611 Fax: (615)741-5995

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TEXASTexas Board of Professional Engineers Victoria J.L. Hsu, PE, Executive Director victoria.hsu@tbpe.state.tx.us Office: 1917 Interstate Hwy 35 S. Austin, TX 78741 Phone: (512)4407723 Fax: (512)440-0417 Web site: http://www.tbpe.state.tx.us

VERMONTBoard of Land Surveyors 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

TEXASTexas Board of Land Surveying Sandy Smith, Executive Director sandy.smith@mail.capnet.state.tx.us Office: 7701 North Lamar, Suite 400 Austin, TX 78752 Phone: Fax: (512)452-9427 (512)452-7711

UTAHUtah Professional Engineers & Professional Land Surveyors Board Douglas Vilnius, Board Administrator dvilnius@utah.gov Office: 160 East 300 South, 4th Fl Salt Lake City, UT 84111 Mailing: 160 East 300 South Box 146741 Salt Lake City, UT 84114-6741 Phone: (801)530-6632 Fax: (801)530-6511 Web site: http://www.dopl.utah.gov

Web site: http://www.txls.state.tx.us/sect00/homepage.html

VIRGINIABoard of Architects, Professional Engineers, Land Surveyors, Certified Interior Designers, and Landscape Architects Mark N. Courtney, Administrator Office: Department of Professional & Occupational Regulation 3600 West Broad Street Richmond, VA 23230-4917 Phone: (804)367-8512 (Board) (804)367-8514 (Administrator) Fax: (804)367-2475 Web site: http://www.state.va.us/dpor

VIRGIN ISLANDSBoard of Architects, Engineers, and Land Surveyors Lisa Davis, Administrator Office: Dept. of Licensing & Consumer Affairs Golden Rock Shopping Center Christiansted, St. Croix Virgin Islands 00820 Phone: Fax: (340)773-2226 (340)713-8308

Web site: http://www.dlca.gov.vi/pro-aels.html

VERMONTBoard 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

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WASHINGTONState 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 VIRGINIAState 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: Fax: (304)558-3554 (304)558-6232

Web site: http://www.wvpebd.org

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Reference Section 2Rule 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 RelevanceTo 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 08861-3015Ph. 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. 45:836.3 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 CONTENTSSECTION 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)

PAGE(S)

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 .. NJ STATE BOARD GUIDELINES ON SEALS AND TITLE BLOCKS .. N.J.S.A 51:1-6. TEST OF MEASURING DEVICES . EDMI FORM . 22

23 25 26 27

New Jersey Administrative Code Title 13, Chapter 45C Uniform Regulations 13:45C-1.1. Definition of licensee ..... 13:45C-1.2. Licensees duty to cooperate in investigative inquiries . 13:45C-1.3. Specific conduct deemed failure to cooperate .. 29

29

29 30

TABLE OF CONTENTS (contd.)SECTION New Jersey Administrative Code Title 13, Chapter 45C Uniform Regulations (contd.) 13:45C-1.4. Failure to comply with Board orders as professional or occupational misconduct .... 13:45C-1.5. Unavailability of privileges in investigative or disciplinary proceedings 13:45C-1.6. Maintenance of and access to statements, records or other information that is subject to a privilege declared unavailable ...... PAGE(S)

30

30

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 .... 2A:14-1.2. Civil actions commenced by the State, 10 years; State defined; exceptions .. 2A:14-1.3. Prohibition of certain actions after 10 years 2A:14-1.4. Inapplicability of time limitation for adverse possession cases .... Municipal Land Use Law TITLE 40 MUNICIPALITIES AND COUNTIES 40:55D-1. Short title .... ... 35 35 36 36 37 38 39 40 41 41 43 43 45

33 34

34 34

34

40:55D-2. Purpose of the act

40:55D-3. Definitions; shall, may, A to C ... 40:55D-4. Definitions; D to L ...... 40:55D-5. Definitions; M to O ...... 40:55D-6. Definitions; P to R .... 40:55D-7. Definitions; S to Z ....

40:55D-8. Municipal fees; exemptions .. 45 46 40:55D-9. Meetings; municipal agency ... .. 46

TABLE OF CONTENTS (contd.)SECTION Municipal Land Use Law TITLE 40 MUNICIPALITIES AND COUNTIES (contd.) 40:55D-10. Hearings .. 40:55D-10.1. Informal review ... 40:55D-10.2. Voting conditions ... 47 48 48 49 PAGE(S)

40:55D-10.3. Completion of application for development; certification completion after 45 days if no certification; exception; waiver of requirements for submission .... 40:55D-10.4. Default approval .. .

49 49 50

40:55D-11. Contents of notice of hearing on application for development or adoption of master plan ... 40:55D-12. Notices of application, requirements .. 40:55D-12.1. Registration for notice to utility, CATV company ....... 40:55D-12.2. Local utility notice of applications .... 40:55D-12.3. Application of subsection h ..... 40:55D-13. Notice concerning master plan .. 40:55D-14. Effect of mailing notice .... 40:55D-15. Notice of hearing on ordinance or capital improvement program; notice of action on capital improvement or official map .

50 50 52

52 53 53 53 53 54

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 40:55D-20. Exclusive authority of planning board and board of adjustment ..

57

58

TABLE OF CONTENTS (contd.)SECTION Municipal Land Use Law TITLE 40 MUNICIPALITIES AND COUNTIES (contd.) 40:55D-21. Tolling of running of period of approval ... .. 40:55D-22. Conditional approvals ..... 40:55D-23. Planning board membership ..... 40:55D-23.1. Alternate members ...... 40:55D-23.2. Members of board of adjustment may serve as temporary members of planning board ... 40:55D-24. Organization of planning board .. 58 58 59 60 60 61 PAGE(S)

61 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 ..... 40:55D-31. Review by planning board .... 40:55D-32. Establish an official map ... 40:55D-33. Change or addition to map ... 67 67 68 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 (contd.)SECTION Municipal Land Use Law TITLE 40 MUNICIPALITIES AND COUNTIES (contd.) 40:55D-40. Discretionary contents of subdivision ordinance ... 40:55D-40.1. Definitions ... 40:55D-40.2. Findings, declarations . 40:55D-40.3. Site Improvement Advisory Board ... 40:55D-40.4. Submission of recommendations for Statewide site improvement standards for residential development .. 40:55D-40.5. Supersedure of site improvement standards .... 40:55D-40.6. Municipal zoning power not limited ... 40:55D-40.7. Construction of act . 40:55D-41. Contents of site plan ordinance .... PAGE(S)

74 74 74 75 75 76

76 77 77 78 78 78 78

40:55D-42 Contribution for off-tract water, sewer, drainage, and street improvements ... 40:55D-43. Standards for the establishment of open space organization .... 40:55D-44. Reservation of public areas .. 40:55D-45. Findings for planned developments .. 40:55D-45.1. General development plan ..

79

79 80 80 81 81 81 82 82 83 83 84 84 84 84 85 85

40:55D-45.2. Contents of general development plan

40:55D-45.3. Submission of general development plan 40:55D-45.4. Modification of timing schedule 40:55D-45.5. Variation approval .....

.. ..

40:55D-45.6. Revision of general development plan 40:55D-45.7. Notification of completion

.. ....

40:55D-45.8. Approval terminated upon completion

TABLE OF CONTENTS (contd.)SECTION Municipal Land Use Law TITLE 40 MUNICIPALITIES AND COUNTIES (contd.) 40:55D-46. Procedure for preliminary site plan approval .. 40:55D-46.1. Minor site plan; approval . 40:55D-47. Minor subdivision ... 40:55D-48. Procedure for preliminary major subdivision approval .. 40:55D-48.1. Application by corporation or partnership; list of stockholders owning 10% of stock or 10% interest in partnership ...... 40:55D-48.2. Disclosure of 10% ownership interest of corporation or partnership which is 10% owner of applying corporation or partnership .... 40:55D-48.3. Failure to comply with act; disapproval of application .. 40:55D-48.4. Concealing ownership interest; fine ... 40:55D-49. Effect of preliminary approval .. 40:55D-50. Final approval of site plans and major subdivisions ... 40:55D-51. Exception in application of subdivision or site plan regulation; simultaneous review and approval .. 40:55D-52. Effect of final approval of a site plan or major subdivision . 40:55D-53. Guarantees required; surety; release ..... 40:55D-53a. Standardized form for performance guarantee, maintenance guarantee, letter of credit .... 40:55D-53b. Acceptance of standardized form .. 40:55D-53.1. Interest on deposits with municipalities ..... 85 86 86 87 87 88 PAGE(S)

88 89

89

89

89 89 90 90 91

91

92

92 93 93 96

97 97 97

40:55D-53.2. Municipal payments to professionals for services rendered; determination ..

98 100

TABLE OF CONTENTS (contd.)SECTION Municipal Land Use Law TITLE 40 MUNICIPALITIES AND COUNTIES (contd.) 40:55D-53.2a. Applicant notification to dispute charges; appeals; rules, regulations .... 100 101 40:55D-53.3. Maintenance, performance guarantees . 40:55D-53.4. Municipal engineer to estimate cost of installation of improvements .. 40:55D-53.5. Performance of maintenance guarantee, acceptance .. 40:55D-53.6. Municipality to assume payment of cost of street lighting .... 101 PAGE(S)

101

102

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 .. 40:55D-57. Right of owner of land covered by certificate .... 40:55D-58. Condominiums and cooperative structures and uses .... 40:55D-60. Planning board review in lieu of board of adjustment .. 40:55D-61. Time periods .... 40:55D-62. Power to zone .... 104 105

105

105 106 106 106 107

40:55D-62.1. Notice of hearing on amendment to zoning ordinance . 107 108 40:55D-63. Notice and protest .. 40:55D-64. Referral to planning board 108 109

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 (contd.)SECTION Municipal Land Use Law TITLE 40 MUNICIPALITIES AND COUNTIES (contd.) 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 PAGE(S)

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 ... 40:55D-66.7. Child care center excluded in calculation of density of building . 40:55D-66.7a. Child care programs, exemption from local zoning restrictions . 40:55D-66.8. Siting of structure, equipment for groundwater remedial action .. 40:55D-66.9. Variance for remedial action ... 40:55D-66.10. Methadone clinic deemed business for zoning purposes .

114

114

115

115 116

116

40:55D-67. Conditional uses; site plan review . 116 117 40:55D-68. Nonconforming structures and uses 40:55D-68.1. Year-round operation ... 40:55D-68.2 Determination of eligibility 40:55D-68.3. Penalty for violation ... 117 117 118 118

...

40:55D-68.4 Certain senior citizens permitted to rent, lease rooms. ...

118

TABLE OF CONTENTS (contd.)SECTION Municipal Land Use Law TITLE 40 MUNICIPALITIES AND COUNTIES (contd.) 40:55D-68.5 "Senior citizen" defined .. 40:55D-68.6 Powers of municipality intact ... 40:55D-69 Zoning board of adjustment .. 40:55D-69.1. Members of planning board may serve temporarily on the board of adjustment . 118 118 119 PAGE(S)

119

40:55D-70 Powers .... 120 121 40:55D-70.1. Annual report .... 121

40:55D-70.2. Board of adjustment, determination; reasons . 40:55D-71. Expenses and costs ... 40:55D-72. Appeals and applications to board of adjustment ..... 40:55D-72.1. Continuation of application .. 40:55D-73. Time for decision .. 40:55D-74. Modification on appeal . 40:55D-75. Stay of proceedings by appeal; exception .... 40:55D-76. Other powers . 40:55D-77. Generally . 40:55D-78. Terms of joint agreement .... 40:55D-79. Membership of regional boards .... 40:55D-80. Organization of regional boards; rules and procedures .... 40:55D-81. Expenses; staff and consultants ... 40:55D-82. Sharing of costs and expenses .

121 121

122 122 122 122 122 123 123 124 124 124 124 125

125 125 125

40:55D-83. Termination of agreement .... 125 126

TABLE OF CONTENTS (contd.)SECTION Municipal Land Use Law TITLE 40 MUNICIPALITIES AND COUNTIES (contd.) 40:55D-84. Regional planning board; powers ... 40:55D-85. Regional board of adjustment .. 126 126 PAGE(S)

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 . 40:55D-87. Joint administrative functions .. 40:55D-88. Delegation to county, regional and interstate bodies ...

128 128

128

40:55D-89 Periodic examination ... 128 129 40:55D-89.1. Rebuttable presumption .. 129

40:55D-90. Moratoriums; interim zoning

... 129 130 130 130

40:55D-91. Severability of provisions . 40:55D-92. Construction .... 40:55D-93. Preparation; storm water control ordinances to implement; date of completion; reexamination ... 40:55D-94. Integral part of master plan; coordination with soil conservation district and other storm water management plans 40:55D-95. Storm water management plan, ordinance; requirements .... 40:55D-95.1. Rules, regulations . 40:55D-96. Exceptions, permitted ... 40:55D-97. Submission of storm water management plan, ordinances; approval ....

130

130

131 131 132

132

TABLE OF CONTENTS (contd.)SECTION Municipal Land Use Law TITLE 40 MUNICIPALITIES AND COUNTIES (contd.) 40:55D-98. Grants for preparation of storm water management plans ... 40:55D-99. Technical assistance and planning grants for municipalities from counties and county planning agencies and water resources associations .. PAGE(S)

132

132

New Jersey Statutes Annotated Title 45, Chapter 1 Uniform Enforcement Act 45:1-14. Legislative findings and declarations; liberal construction of act .... 45:1-15. Application of act .... 45:1-15.1. Rules, regulations .... 45:1-16. Definitions ..... 45:1-17. Powers of Attorney General to implement act and administer law enforcement activities of boards .... 45:1-18. Investigative powers of boards, director or attorney general ....... 45:1-19. Failure or refusal to file statement or report, refuse access to premises or failure to obey subpoena; penalty .. 45:1-20. Compelling testimony or production of book, paper or document; immunity from prosecution ....... 45:1-21. Refusal to license or renew, grounds . 45:1-21.1. Information of DEP application compliance, seminar attendance ........ 45:1-21.2. Suspension of certain licenses, registrations, certifications for failure to repay student loans ..... 45:1-21.3. Violation of the responsibility to make 911 call, forfeiture of license, authorization to practice ... 45:1-22. Additional, alternative penalties ..

133 133 133 134

134 135

135 136

136

136 137 138

138 139

139

1398 139 141

TABLE OF CONTENTS (contd.)SECTION New Jersey Statutes Annotated Title 45, Chapter 1 Uniform Enforcement Act (contd.) 45:1-23. Summary proceeding in Superior Court; injunctions; orders necessary to prevent unlawful practice or remedy past unlawful activity 45:1-24. Failure to pay penalties; enforcement . 45:1-25. Violations, penalties 45:1-26. Repeal of inconsistent acts and parts of acts .. 45:1-27. Severability New Jersey Statutes Annotated Title 45, Chapter 4B Building Design Services Act 45:4B-1. Short title .. 45:4B-2. Findings, declarations ....... 45:4B-3. Definitions ..... 45:4B-4. Joint Committee of Architects and Engineers ... 45:4B-5. Powers, duties of joint committee .... 45:4B-6. Referral of complaint, question, controversy to joint committee ...... 45:4B-7. Classification of buildings, structures ..... 45:4B-8. Licensed architect; contracts for services; conditions ........ 45:4B-9. Professional engineer; contracts for services; conditions ........... 45:4B-10. Architect to design engineering systems; conditions .......... 45:4B-11. Licensee to maintain records ..... 45:4B-12. Engineers may perform building design services, not architectural services ........ 45:4B-13. Architects may perform works facilities design, not engineering services ........ 45:4B-14. Violation of act deemed professional misconduct 145 145 145 147 147 148 148 PAGE(S)

141 141 142 142 143

148 149 150

150 151

151

152 152

151

153 153

TABLE OF CONTENTS (contd.)SECTION New Jersey Statutes Annotated Title 45, Chapter 8 Professional Engineers and Land Surveyors 45:8-1 to 45:8-26. (Repealed by L. 1938, c.342) ... 45:8-27. License required; display of license; exceptions; corporations, firms partnerships and associations .... 45:8-28. Definitions ........ 45:8-29. Examining Board ...... 45:8-30. Board of Professional Engineers, Land Surveyors .... 45:8-31. Oath of members; filing; duty of Attorney General; powers of board; compelling compliance with subpoena ...... 45:8-32. Meetings; officers .... 45:8-33. Itemized account to be kept; report; filing; forwarding to Attorney General ..... 45:8-34. Records; proceedings of examining board; applicants for licenses; evidence ..... 45:8-35. Applications for license, certificate of registration; fees; qualifications; evidence of qualifications; examination ... 45:8-35.1. Licensee architects may be licensed as professional engineers; examination ..... 45:8-35.2. Continuing professional competency credits required for certification ....... 45:8-35.3. Duties of board ........ 45:8-35.4. Board to establish procedures ..... 45:8-35.5. Board may waive requirements ....... 45:8-35.6. Credits not required for initial registration ...... 155 PAGE(S)

155 156 155 158 159 159 160

160 160 161

161

161

161 166

166

166 166 167 167 167 167

45:8-35.7. Prorating of credits ...... 167 168 45:8-35.8. Proof of completion of credits ..... 168

TABLE OF CONTENTS (contd.)SECTION New Jersey Statutes Annotated Title 45, Chapter 8 Professional Engineers and Land Surveyors (contd) 45:8-35.9. Failure to complete professional competency requirements; penalty .. 45:8-35.10. Carryover of credits ..... 45:8-36. Certificates ...... 45:8-36.1. Use of title professional land surveyor .... 45:8-36.2. Retirement procedures; resuming practice after retirement ....... 45:8-36.3. Waiver of corner marker requirements for certain land surveying work ...... 45:8-37. Expiration and renewal of licenses; fees; revocation on failure to renew license ..... 45:8-38. Repealed by L.1979, c. 432, s 1, eff. Feb. 14, 1980 . 45:8-39. Practice without license and other violations; penalties; actions for penalties ..... 45:8-40. Persons exempt ....... 45:8-41. Licensed engineers and surveyors on public contracts or works required ....... 45:8-42. Employment of licensed engineers by governmental departments ........ 45:8-43. Filing of name of engineer engaged by governmental departments; employment of engineers and land surveyors .... PAGE(S)

168 168 168 169 169

169 170

170

170 171 171

171 172 172 173

173

173

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 .......... 45:8-44.3. Destruction, injury or damage to land; prohibition; liability ......... 45:8-44.4. Nonliability of owner or lessee of land ....

175

175 175

TABLE OF CONTENTS (contd.)SUBSECTION New Jersey Statutes Annotated Title 45, Chapter 8 Professional Engineers and Land Surveyors (contd) 45:8-44.5. Inapplicability of act to lands traversed by operating railroad ............ PAGE(S)

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 ...... 45:8-48. Partial invalidity; construction of chapter .... 45:8-49. Repealer ........ 45:8-50 to 45:8-55. Repealed by L.1950, c. 149, s 20,eff. May 26, 1950 176 176 176 176

45:8-56. Certificate of authorization 176 177 45:8-57. Contents of application; biennial renewal fee ..... 45:8-58. Powers of board . 45:8-59. Records to establish regular, effective supervision . 45:8-60. Responsibility for acts of agents, employees, officers . New Jersey Statutes Annotated Title 46, Chapter 8B Condominiums 46:8B-1. Short title ..... 46:8B-2. Saving clause ......... 46:8B-3. Definitions .... 46:8B-4. Status of units ........ 46:8B-5. Types of ownership ...... 46:8B-6. Common elements .... 46:8B-7. Invalidity of contrary agreements ..... 46:8B-8. Creation, establishment of condominium .... 46:8B-8.1. Establishment of condominium upon land held under lease ......... 179 179 179 181 181 181 182 182 182 177 177 178 178

182

TABLE OF CONTENTS (contd.)SUBSECTION New Jersey Statutes Annotated Title 46, Chapter 8B Condominiums (contd.) 46:8B-9. Master deed, contents .. 46:8B-10. Unit deeds and other instruments ...... 46:8B-11. Amendments to master deed .... 46:8B-12. The association .... 46:8B-12.1. Members of governing board; elections; written approval of actions by developer; control by board; delivery of items ....... 46:8B-12.2. Management, employment, service or maintenance contract or contract for equipment or materials; 2 year limitation; termination .. 46:8B-13. Bylaws ........ 46:8B-13.1. Explanatory materials, guidelines for condominium associations, administrators ... 46:8B-14. Responsibilities of association ... 46:8B-15. Powers of association ....... 46:8B-16. Authority, rights of unit owner . 46:8B-17. Common expenses ......... 46:8B-18. Prohibited work .... 46:8B-19. Taxes, assessments and charges; valuation of units; exemptions or deductions ...... 46:8B-20. Liens for labor or materials ..... 46:8B-21. Liens in favor of association; priority 46:8B-22. Effect of sheriffs sale ........ 46:8B-23. Blanket mortgage ..... 46:8B-24. Fire or other casualty ..... 46:8B-25. Eminent domain ....... 46:8B-26. Condominium termination . 182 183 184 184 184 PAGE(S)

185 187

187 187 188

188 188 190 190 191 191 192 192 191 193

193 193 194 195 196 196 196 197 197 197

TABLE OF CONTENTS (contd.)SUBSECTION New Jersey Statutes Annotated Title 46, Chapter 8B Condominiums (contd.) 46:8B-27. Effect of deed of revocation ...... 46:8B-28. Resubmission .... 46:8B-29. Zoning ..... 46:8B-30. Partial invalidity ....... 46:8B-31. Legislative findings and declarations 46:8B-32. Unconscionability of leases; rebuttable presumption; elements of lease ....... 46:8B-33. Severability .... 46:8B-34. Selling price; inclusion of statement of membership fees .... 46:8B-35. Lease of parking, recreational or other common facility or area for over 20 years; option to renew or purchase ...... 46:8B-36. Master deeds or bylaws of association; rebuttable presumption of unconscionability 46:8B-37. Application of act ........ 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 .... New Jersey Statutes Annotated Title 46, Chapter 23 Map Filing Law 46:23-9.7. Repeals ......... 46:23-9.8. Effective Date ......... 46:23-9.9. Short Title . 46:23-9.10. Definitions ..... 46:23-9.11. Requirements for approval .. 46:23-9.12. Time for approval .... 203 203 203 203 204 204 209 209 198 198 198 198 198 199 PAGE(S)

199 200 200

200

200

201 201

201

TABLE OF CONTENTS (contd.)SUBSECTION New Jersey Statutes Annotated Title 46, Chapter 23 Map Filing Law (contd.) 46:23-9.13. Approval of map by municipality not acceptance of roads, streets or highways . 46:23-9.14. Prerequisites to filing . 46:23-9.15. Filing and indexing of maps, fee . 46:23-9.16. Repeals ....... 46:23-9.17. Nonapplicability of P.L. 1997, c.211 to certain maps relating to construction bids prior to July 1, 2001 .... 46:23-9.18. Applicability of laws relative to filing of subdivision plat ...... 46:23-10. Duplicates of maps in cities having atlases or block maps filed with recording officer and transmitted to proper city officer .... 46:23-11. Approval and filing of duplicates of maps identical with maps already filed except as to style or title thereof; effect .... TITLE 20 EMINENT DOMAIN 20:3-1. Short title . 20:3-2. Definitions 20:3-5. Severability ... 20:3-4. Effective date 20:3-5. Jurisdiction ... 20:3-6. Application of act 20:3-7. Procedure in actions 20:3-8. Commencement of action 20:3-9. Process .. 20:3-10. Lis pendens . 213 213 214 214 214 215 214 215 216 216 216 216 PAGE(S)

209 209 210 210

210 211

211

211

211

TABLE OF CONTENTS (contd.)SUBSECTION TITLE 20 EMINENT DOMAIN (contd.) 20:3-11. Denial of authority to condemn 20:3-12. Appointment of commissioners and hearings .... 20:3-13. Appeal 20:3-14. Agreement as to compensation .. 20:3-15. Exclusion 20:3-16. Preliminary entry . 20:3-17. Possession of property and declaration of taking . 20:3-18. Deposit of estimated compensation . 216 217 218 218 219 219 219 219 219 220 220 PAGE(S)

20:3-19. Right to possession and vesting of title 220 221 20:3-20. Nature of title condemned . 20:3-21. Date of vesting of title 20:3-22. Appeal not to affect right to possession and vesting of title .. 20:3-23. Withdrawal of funds .. 20:3-24. Revesting of title and restoration of possession 20:3-25. Compelling condemnor to file declaration of taking 20:3-26. Owner reimbursement by condemnor . 20:3-27. Deposit and withdrawal of funds not prejudicial 20:3-28. Fees of clerk of the court 20:3-29. Compensation .. 20:3-29.1. Compensation for loss of income 20:3-30. Determination date of just compensation 20:3-31. Payment of interest 20:3-32. Disputes as to interest . 20:3-33. Possession by individuals or private corporations .. 221 221 221 222 222 222 222 223 223 223 223 224 224 224 224 225

TABLE OF CONTENTS (contd.)SUBSECTION TITLE 20 EMINENT DOMAIN (contd.) 20:3-34. Deposit of funds where ownership in dispute 20:3-35. Abandonment of proceedings . 20:3-36. Method of abandonment . 20:3-37. Uneconomic remnants . 20:3-38. Blighted areas .. 20:3-39. Housing authority or redevelopment agency; declaration of taking .. 20:3-40. Acquisitions by State colleges; declaration of taking 20:3-41. Lands etc. needed for defense or for airports; declaration of taking ... 20:3-42. Recovery of taxes or other municipal liens or charges 20:3-43. Right of owner to recover amount awarded; lien 20:3-44. Payment of amount of judgment on appeal; right to possession; lien, other remedies 20:3-45. Condemnation of public utility property by municipality; after acquired property and improvements . 20:3-46. Sidewalks; lands condemned for highways to include; condemnation of lands for sidewalks .. 20:3-47. Improvement with payment for property taken by assessments against improvement; election to proceed under separate statute .... 20:3-48. Reference to prior law as reference to this act 20:3-49. Repeal of chapter 1 of Title 20 and P.L.1942, chapter 14 . 20:3-50. Repeal of inconsistent acts; application of act to agencies, utilities, etc. with power of eminent domain 225 225 225 226 226 PAGE(S)

226 226

226 226 227

227

227 228

227

228 228 229

229

TABLE OF CONTENTS (contd.)SUBSECTION TITLE 27 HIGHWAYS 27:19-1. Construction; maintenance and repair; joint county bridges 27:19-2. Petition for bridge or viaduct; referendum; resolution 27:19-3. Ballot; form and content 27:19-4. .... PAGE(S)

231 231 231 232

Petition for bridge or viaduct in adjoining counties; referendum or resolution ..

232 232 233 233

27:19-5. Acquisition of property and rights therein; payment 27:19-6. Bridges and viaducts to connect highways . 27:19-7. Commission to settle disputes; appointment, powers, duties and compensation .. 27:19-8. Joint municipal bridges 27:19-9. Closing unsafe bridges; repair; freeholders notified 27:19-10. Bridges; actions for personal injuries or property damage . 27:19-11. Toll bridges and viaducts; acquisition; maintenance as free bridges . 27:19-12. Acquisition of joint bridges; agreements; contents; cost apportioned .... 27:19-13. Regulations for bridges and viaducts; bridge tenders; police powers .. 27:19-14. Advertisement for bids; designs, plans and specifications ..

233 233 234 234

234

234 235

235

235

235

27:19-15. Moneys for preliminary expenses; annual charges; how raised .. 235 236 27:19-16. Approaches included in "viaduct and bridge" .. 27:19-17. Joint construction and operation of bridge in one county . 27:19-18. Bridges to conform to wharf lines; drawbridges 27:19-19. Tracks, pipes, conduits on bridges; agreement; appeal to utility commissioners . 236 236 236

236 237

TABLE OF CONTENTS (contd.)SUBSECTION TITLE 27 HIGHWAYS (contd.) 27:19-20. Bridge over certain tidal waters; legislative consent . 27:19-21. Liability during repairs 27:19-22. Changing course of stream; acquisition of property . 27:19-23. Joint county bridges; preliminary survey; cost of survey apportioned .. 27:19-24. Bond issue; maturity .. 27:19-25. Contribution by state .. 27:19-26. County bridge commission; general powers; "bridge" defined .. 27:19-26.1 Definitions relative to county bridge commission projects, certain. .. 27:19-26.2 Additional powers of county bridge commission .. 27:19-26.3 Empowerment to enter into lease, agreement. 27:19-26.4 Powers of county, municipality .. 27:19-26.5 Empowerment to convey land to commission 27:19-27. Entry upon and condemnation of lands 27:19-28. Power to acquire or construct approaches and bridges .. 27:19-29. Tolls, facility charges .. 27:19-30. Total cost; what to include . 27:19-31. Financing of purposes, powers of bridge commission 27:19-32. Bonds of bridge commission .... 27:19-32.1. Covenant of State with bondholders 27:19-32.2. Legal investments, evidences of indebtedness of commission as .. 237 237 237 PAGE(S)

237 237 238

238 239

239 239 240 240 241 241

241 242 242 242 243 244 244 246 247

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 (contd.)SUBSECTION TITLE 27 HIGHWAYS (contd.) 27:19-34. Organization of commission; officers and employees; compensation .. 27:19-34.1. Contracts for hospitalization, medical, surgical, etc., benefits; validation and confirmation of payments .. 27:19-35. Awarding of contracts, agreements (Old from website.) .. 27:19-35. Bridge construction contracts . PAGE(S)

248

248 249 249 249

27:19-36. Operation of bridges; tolls; agreements with counties for maintenance of bridges; powers of counties . 27:19-36.1. Payments to municipality in lieu of taxes ... 27:19-36.2. Lease or conveyance of real property to county bridge commission ... 27:19-36.3. Appointment of bridge police; authority; procedure on arrest .. 27:19-36.4. Rules and regulations by county bridge commission . 27:19-36.5. Penalties for violations . 27:19-37. Records; semiannual statements; examination .. 27:19-37.1. Surplus capital funds; determination; disposition .. 27:19-37.2. Use of surplus capital funds .. 27:19-38. Joint county bridge commission .. 27:19-39. Dissolution of commission; assumption of duties .. 27:19-40. Bridges extending within limits of other states not to be acquired or constructed . 27:19-41. Sale by commission of bridges extending within limits of other states .. 27:19-42. Disposition of proceeds of sale of bridges extending within limits of other states .. 27:19-43. Disposition of proceeds of condemnation award for bridge ...

249 250 250

251

251 251 251 252 252 252 252 252 253 253

253

253

254

254

TABLE OF CONTENTS (contd.)SUBSECTION TITLE 27 HIGHWAYS (contd.) 27:19-44. Dissolution of county bridge commission .. 27:19-45. Replacement or reconstruction of bridges or approaches; powers of commission . 27:20-1. Acquisition of plank roads; bridges; maintenance by counties and municipalities 27:20-2. Joint control of bridges between counties .. 27:20-3. Repair of bridges; participation by street railway company; agreement; action 27:20-4. Maintenance and operation of jointly-acquired plank roads; agreement; action 27:20-5. Use of unappropriated funds; taxation .. 27:20-6. Changed conditions to alter apportionment; action .. 27:20-7. Widening plank roads acquired by county .. 27:20-8. Widening roads; acquisition of property; cost borne by counties respectively .. 27:20-9. Bond issue . 27:20-10. Joint operation by freeholders abandoned; boards to act separately ... 27:20-11. Police and employees assigned to their own county .. 27:20-12. Maintenance of certain turnpikes purchased 27:21-1. Construction by county; application by municipality .... 27:21-2. Approval of plans by municipality before advertising for bids .... 27:21-3. Apportionment of cost; agreement; action where no agreement .... 27:21-4. Damage to abutting property paid by municipality .... 27:21-5. Share borne by county; limitation .. 27:21-6. County bonds 254 PAGE(S)

255

255 255 256

256

256 256 256 257

257 257

257 257 257 258 258

258

258 258 257 259

TABLE OF CONTENTS (contd.)SUBSECTION TITLE 27 HIGHWAYS (contd.) 27:21-7. Municipal bonds; limitation 27:21-8. Freeholders may agree with municipality for care of bridges .. 27:22-1. Improvement of municipal roads; joint county and municipal action; assessments for benefits 27:22-2. Use of funds received from state . 27:22-3. Limitation of the amount contributed by county .... 27:22-4. Maintenance of municipal streets by county and municipality; contracts .. 27:22-5. Amount contributed by county; limitation .... 27:22-6. Roads remain municipal roads; work done by freeholders .. 27:22-7. Joint county and municipal contract respecting certain streets; settling disputes ... 27:22-8. Improvement of roads dividing municipalities; application; contract ...... 27:22-9. Roads continuations of county roads; improvement; county aid ..... 27:22-10. Use of funds obtained from highway commissioner; consent required ........ 27:22-11. Bridges and culverts eliminated; construction of sewers; county and municipal agreement ... 27:22-12. Contribution by county for maintenance and repair ... 27:22-13. Maintenance of certain township roads in adjoining county ... 27:22-14. Agreement; approval by county ... 27:22-15. Cost charged to county road appropriation .... 259 PAGE(S)

259

259 260 260 260

260 260

260

260 261

261

261 262

262

262 262

262 262 263 263

TABLE OF CONTENTS (contd.)SUBSECTION TITLE 34 OVERHEAD UTILITIES 34:6-47.1. Definitions 34:6-47.2. Prohibited activity . 34:6-47.3. (NOT LISTED) 34:6-47.4. Warning sign required .. 266 265 265 PAGE(S)

34:6-47.5. Notification to power company and responsibility for safeguards .. 34:6-47.6. Enforcement ... 34:6-47.7a. Penalty for violation ... 34:6-47.8. Exceptions .. 34:6-47.9. Partial invalidity . TITLE 48 PUBLIC UTILITIES (Underground) 48:2-73. Short title .. 48:2-74. Findings, declarations, determinations 48:2-75. Definitions .... 48:2-76. One-Call Damage Prevention System, established; rules, regulations ..

266 266 266 267 267

269 269 269 271

271 271 272 272 272

48:2-77. Operation of One-Call Damage Prevention System . 48:2-78. Appropriate waiver conditions .. 48:2-79. System operator, responsibilities .... 48:2-80. Underground facility operator, responsibilities; underground facility markings 48:2-81. Marking of facilities; nonapplicability; excavation, permitting process on State property 48:2-82. Notification of the One-Call Damage Prevention System; excavators duties . 48:2-83. Proof of notification required for permission to excavate ..

273 274

274 275

275 276

276

TABLE OF CONTENTS (contd.)SUBSECTION TITLE 48 PUBLIC UTILITIES (Underground) (contd.) 48:2-84. Nonapplicability to emergencies ..... 48:2-85. Map of pipeline; filing .. 276 276 276 277 PAGE(S)

48:2-86. Violation of act; injunction; civil penalties .. 48:2-87. Illegal excavation; disorderly persons offense, third degree crime .. 48:2-88. Penalty for operator violations .... 48:2-89. Notice failure, prima facie evidence of negligence . 48:2-90. Civil penalties to the State 48:2-91. Boards jurisdiction not affected .

278 278 278 279 279

NOTES .

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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 40SUBCHAPTER 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. 13:40-3.1

MISCONDUCT

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 13:40-4.1

GENERAL PROVISIONS

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. 13:40-5.1

LAND SURVEYORS; PREPARATION OF LAND SURVEYS

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. 46:239.10 (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. 13:40-8.1

MAINTENANCE OF PROJECT RECORDS

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 preapproved 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. ii. Fifteen PDHs for each semester hour credit awarded by the college; or 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 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;

ii.

4. Active participation in and successful completion of approved seminars, inhouse 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; 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

ii.

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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, instructors or speakers name and credits claimed; Attendance verification records in the form of college transcripts, completion certificates, paid receipts, and any other documents supporting evidence of attendance; For publications, submission of the published article; and For teaching, a statement of appropriate authority verifying the activity. Waiver of continuing competency requirement

2.

3. 4. 13:40-11.8

(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. ii. iii. iv. v. vi. Objectives have been met; Prerequisites were necessary or desirable; Facilities were satisfactory; The instructor was effective; Advanced preparation materials were satisfactory; and 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. ii. iii. iv. The title, date and location of the course offering; The name and license number of the attendee; The number of credits awarded; and 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 BLOCKSSEALS

THE AUTHORIZED DESIGN OF A SEAL HAS THE FOLLOWING SPECIFICATIONS: (A) ROUND: 1 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 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.- 25 -

CERTIFICATE OF AUTHORIZATION #0000000

Rules & Statutes of Relevance to New Jersey Professional Land Surveyors & Engineers

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New Jersey Statutes Annotated Title 51 Standards, Weights, Measures and ContainersIn 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 EDMs 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 RegulationsSUBCHAPTER 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 subagency 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 Justice2A: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) asbestos. c. Pursuant to any contract for application, enclosure, removal or encapsulation of

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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TITLE 40

Municipal Land Use Law 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.40:272 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-ofway. "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.40:55D10). 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) (2) (3) The master plan pursuant to article 3; Subdivision control and site plan review pursuant to article 6; The official map pursuant to article 5;

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(4) (5)

The zoning ordinance including conditional uses pursuant to article 8; 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 singlefamily 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 prorata 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.40:55D1et 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 manmade 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.40:55D53.4). 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.40:55D53.2), 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 withhold, delay, or deny reviews, inspections, signing of subdivision plats or site plans, the reduction or the release of performance or maintenance guarantees, the issuance of construction permits or certificates of occupancy, or any other approval or permit because an appeal has been filed or is pending under this section. The chief financial officer of the municipality may pay charges out of the appropriate escrow account or deposit for which an appeal has been filed. If a charge is disallowed after payment, the chief financial officer of the municipality shall reimburse the deposit or escrow account in the amount of any such disallowed charge or refund the amount to the applicant. If a charge is disallowed after payment to a professional or consultant who is not an employee of the municipality, the professional or consultant shall reimburse the municipality in the amount of any such disallowed charge. e. The Commissioner of Community Affairs shall promulgate rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), to effectuate the purposes of this section. Within two years of the effective date of P.L.1995, c.54 (C.40:55D53.2a et al.), the commissioner shall prepare and submit a report to the Governor, the President of the Senate, and the Speaker of the General Assembly. The report shall describe the appeals process established by section 3 of P.L.1995, c.54 (C.40:55D-53.2a) and shall make recommendations for legislative or administrative action necessary to provide a fair and efficient appeals process. L.1995,c.54,s.3. 40:55D-53.3. Maintenance, performance guarantees 14. A municipality shall not require that a maintenance guarantee required pursuant to section 41 of P.L.1975, c.291 (C.40:55D-53) be in cash or that more than 10% of a performance guarantee pursuant to that section be in cash. A developer may, however, provide at his option some or all of a maintenance guarantee in cash, or more than 10% of a performance guarantee in cash. L.1991,c.256,s.14. 40:55D-53.4. Municipal engineer to estimate cost of installation of improvements 15. The cost of the installation of improvements for the purposes of section 41 of P.L.1975, c.291 (C.40:55D-53) shall be estimated by the municipal engineer based on documented construction costs for public improvements prevailing in the general area of the municipality. The developer may appeal the municipal engineer's estimate to the county construction board of appeals established under section 9 of P.L.1975, c.217 (C.52:27D-127). L.1991,c.256,s.15; amended 1995,c.54,s.2.

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40:55D-53.5. Performance of maintenance guarantee, acceptance 16. The approving authority shall, for the purposes of section 41 of P.L.1975, c.291 (C.40:55D-53), accept a performance guarantee or maintenance guarantee which is an irrevocable letter of credit if it: a. Constitutes an unconditional payment obligation of the issuer running solely to the municipality for an express initial period of time in the amount determined pursuant to section 41 of P.L.1975, c.291 (C.40:55D-53); b. Is issued by a banking or savings institution authorized to do and doing business in this State; c. Is for a period of time of at least one year; and d. Permits the municipality to draw upon the letter of credit if the obligor fails to furnish another letter of credit which complies with the provisions of this section 30 days or more in advance of the expiration date of the letter of credit or such longer period in advance thereof as is stated in the letter of credit. L.1991,c.256,s.16. 40:55D-53.6. Municipality to assume payment of cost of street lighting 17. If an approving authority includes as a condition of approval of an application for development pursuant to P.L.1975, c.291 (C.40:55D-1 et seq.) the installation of street lighting on a dedicated public street connected to a public utility, then upon notification in writing by the developer to the approving authority and governing body of the municipality that (1) the street lighting on a dedicated public street has been installed and accepted for service by the public utility and (2) that certificates of occupancy have been issued for at least 50% of the dwelling units and 50% of the floor area of the nonresidential uses on the dedicated public street or portion thereof indicated by section pursuant to section 29 of P.L.1975, c.291 (C.40:55D-38), the municipality shall, within 30 days following receipt of the notification, make appropriate arrangements with the public utility for, and assume the payment of, the costs of the street lighting on the dedicated public street on a continuing basis. Compliance by the municipality with the provisions of this section shall not be deemed to constitute acceptance of the street by the municipality. L.1991,c.256,s.17. 40:55D-54. Recording of final approval of major subdivision; filing of all subdivision plats 42. Recording of final approval of major subdivision; filing of all subdivision plats. a. Final approval of a major subdivision shall expire 95 days from the date of signing of the plat unless within such period the plat shall have been duly filed by the developer with the county recording officer. The planning board may for good cause shown extend the period for recording for an additional period not to exceed 190 days from the date of signing of the plat. The planning board may extend the 95-day or 190-day period if the developer proves to the reasonable satisfaction of

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the planning board (1) that the developer was barred or prevented, directly or indirectly, from filing because of delays in obtaining legally required approvals from other governmental or quasi-governmental entities and (2) that the developer applied promptly for and diligently pursued the required approvals. The length of the extension shall be equal to the period of delay caused by the wait for the required approvals, as determined by the planning board. The developer may apply for an extension either before or after the original expiration date. b. No subdivision plat shall be accepted for filing by the county recording officer until it has been approved by the planning board as indicated on the instrument by the signature of the chairman and secretary of the planning board or a certificate has been issued pursuant to sections 35, 38, 44, 48, 54 or 63 of P.L.1975, c.291 (C.40:55D-47, 40:55D-50, 40:55D-56, 40:55D-61, 40:55D-67, 40:55D-76). The signatures of the chairman and secretary of the planning board shall not be affixed until the developer has posted the guarantees required pursuant to section 41 of P.L.1975, c.291 (C.40:55D-53). If the county recording officer records any plat without such approval, such recording shall be deemed null and void, and upon request of the municipality, the plat shall be expunged from the official records. c. It shall be the duty of the county recording officer to notify the planning board in writing within seven days of the filing of any plat, identifying such instrument by its title, date of filing, and official number. L.1975,c.291,s.42; amended 1991,c.256,s.18. 40:55D-54.1. Notification to tax assessor of municipality Upon the filing of a plat showing the subdivision or resubdivision of land, the county recording officer shall, at the same time that notification is given to the planning board of the municipality pursuant to section 42 of the act to which this act is a supplement, send a copy of such notification to the tax assessor of the municipality in which such land is situated of the filing of said plat. L.1977, c. 174, s. 1, eff. Aug. 16, 1977. 40:55D-55. Selling before approval; penalty; suits by municipalities If, before final subdivision approval has been granted, any person transfers or sells or agrees to transfer or sell, except pursuant to an agreement expressly conditioned on final subdivision approval, as owner or agent, any land which forms a part of a subdivision for which municipal approval is required by ordinance pursuant to this act, such person shall be subject to a penalty not to exceed $1,000.00, and each lot disposition so made may be deemed a separate violation. In addition to the foregoing, the municipality may institute and maintain a civil action: a. For injunctive relief; and b. To set aside and invalidate any conveyance made pursuant to such a contract of sale if a certificate of compliance has not been issued in accordance with section 44 of this act, but only if the municipality (1) has a planning board and (2) has adopted by ordinance standards and

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procedures in accordance with section 29 of this act. In any such action, the transferee, purchaser or grantee shall be entitled to a lien upon the portion of the land, from which the subdivision was made that remains in the possession of the developer or his assigns or successors, to secure the return of any deposits made or purchase price paid, and also, a reasonable search fee, survey expense and title closing expense, if any. Any such action must be brought within 2 years after the date of the recording of the instrument of transfer, sale or conveyance of said land or within 6 years, if unrecorded. L.1975, c. 291, s. 43, eff. Aug. 1, 1976. 40:55D-56. Certificates showing approval; contents The prospective purchaser, prospective mortgagee, or any other person interested in any land which forms part of a subdivision, or which formed part of such a subdivision 3 years preceding the effective date of this act, may apply in writing to the administrative officer of the municipality, for the issuance of a certificate certifying whether or not such subdivision has been approved by the planning board. Such application shall contain a diagram showing the location and dimension of the land to be covered by the certificate and the name of the owner thereof. The administrative officer shall make and issue such certificate within 15 days after the receipt of such written application and the fees therefor. Said officer shall keep a duplicate copy of each certificate, consecutively numbered, including a statement of the fee charged, in a binder as a permanent record of his office. Each such certificate shall be designated a "certificate as to approval of subdivision of land," and shall certify: a. Whether there exists in said municipality a duly established planning board and whether there is an ordinance controlling subdivision of land adopted under the authority of this act. b. Whether the subdivision, as it relates to the land shown in said application, has been approved by the planning board, and, if so, the date of such approval and any extensions and terms thereof, showing that subdivision of which the lands are a part is a validly existing subdivision. c. Whether such subdivision, if the same has not been approved, is statutorily exempt from the requirement of approval as provided in this act. The administrative officer shall be entitled to demand and receive for such certificate issued by him a reasonable fee not in excess of those provided in R.S. 54:5-14 and 54:5-15. The fees so collected by such official shall be paid by him to the municipality. L.1975, c. 291, s. 44, eff. Aug. 1, 1976. Amended by L.1979, c. 216, s. 18.

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40:55D-57. Right of owner of land covered by certificate Any person who shall acquire for a valuable consideration an interest in the lands covered by any such certificate of approval of a subdivision in reliance upon the information therein contained shall hold such interest free of any right, remedy or action which could be prosecuted or maintained by the municipality pursuant to the provisions of section 43 of this act. If the administrative officer designated to issue any such certificate fails to issue the same within 15 days after receipt of an application and the fees therefor, any person acquiring an interest in the lands described in such application shall hold such interest free of any right, remedy or action which could be prosecuted or maintained by the municipality pursuant to section 43 of this act. Any such application addressed to the clerk of the municipality shall be deemed to be addressed to the proper designated officer and the municipality shall be bound thereby to the same extent as though the same was addressed to the designated official. L.1975, c. 291, s. 45, eff. Aug. 1, 1976. 40:55D-58. Condominiums and cooperative structures and uses This act and all development regulations pursuant thereto shall be construed and applied with reference to the nature and use of a condominium or cooperative structures or uses without regard to the form of ownership. No development regulation shall establish any requirement concerning the use, location, placement or construction of buildings or other improvements for condominiums or cooperative structures or uses unless such requirement shall be equally applicable to all buildings and improvements of the same kind not then or thereafter under the condominium or cooperative corporate form of ownership. No approval pursuant to this act shall be required as a condition precedent to the recording of a condominium master deed or the sale of any unit therein unless such approval shall also be required for the use or development of the lands described in the master deed in the same manner had such lands not been under the condominium form of ownership. L.1975, c. 291, s. 46, eff. Aug. 1, 1976. 40:55D-60. Planning board review in lieu of board of adjustment Whenever the proposed development requires approval pursuant to this act of a subdivision, site plan or conditional use, but not a variance pursuant to subsection d. of section 57 of this act (C. 40:55D-70), the planning board shall have the power to grant to the same extent and subject to the same restrictions as the board of adjustment: a. Variances pursuant to subsection 57 c. of this act; b. Direction pursuant to section 25 of this act for issuance of a permit for a building or structure in the bed of a mapped street or public drainage way, flood control basin or public area reserved pursuant to section 23 of this act; and c. Direction pursuant to section 27 of this act for issuance of a permit for a building or

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structure not related to a street. Whenever relief is requested pursuant to this section, notice of the hearing on the application for development shall include reference to the request for a variance or direction for issuance of a permit, as the case may be. The developer may elect to submit a separate application requesting approval of the variance or direction of the issuance of a permit and a subsequent application for any required approval of a subdivision, site plan or conditional use. The separate approval of the variance or direction of the issuance of a permit shall be conditioned upon grant of all required subsequent approvals by the planning board. No such subsequent approval shall be granted unless the approval can be granted without substantial detriment to the public good and without substantial impairment of the intent and purpose of the zone plan and zoning ordinance. L.1975, c. 291, s. 47, eff. Aug. 1, 1976. Amended by L.1979, c. 216, s. 19; L.1984, c. 20, s. 10, eff. March 22, 1984. 40:55D-61. Time periods Whenever an application for approval of a subdivision plat, site plan or conditional use includes a request for relief pursuant to section 47 of this act, the planning board shall grant or deny approval of the application within 120 days after submission by a developer of a complete application to the administrative officer or within such further time as may be consented to by the applicant. In the event that the developer elects to submit separate consecutive applications, the aforesaid provision shall apply to the application for approval of the variance or direction for issuance of a permit. The period for granting or denying and subsequent approval shall be as otherwise provided in this act. Failure of the planning board to act within the period prescribed shall constitute approval of the application and a certificate of the administrative officer as to the failure of the planning board to act shall be issued on request of the applicant, and it shall be sufficient in lieu of the written endorsement or other evidence of approval herein required, and shall be so accepted by the county recording officer for purposes of filing subdivision plats. Whenever review or approval of the application by the county planning board is required by section 5 of P.L.1968, c. 285 (C. 40:27-6.3), in the case of a subdivision, or section 8 of P.L.1968, c. 285 (C. 40:27-6.6), in the case of a site plan, the municipal planning board shall condition any approval that it grants upon timely receipt of a favorable report on the application by the county planning board or approval by the county planning board by its failure to report thereon within the required time period. L.1975, c. 291, s. 48, eff. Aug. 1, 1976. Amended by L.1979, c. 216, s. 20; L.1984, c. 20, s. 11, eff. March 22, 1984. 40:55D-62. Power to zone 49. Power to zone. a. The governing body may adopt or amend a zoning ordinance relating to the nature and extent of the uses of land and of buildings and structures thereon. Such ordinance shall be adopted after the planning board has adopted the land use plan element and the housing plan element of a master plan, and all of the provisions of such zoning ordinance or any

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amendment or revision thereto shall either be substantially consistent with the land use plan element and the housing plan element of the master plan or designed to effectuate such plan elements; provided that the governing body may adopt a zoning ordinance or amendment or revision thereto which in whole or part is inconsistent with or not designed to effectuate the land use plan element and the housing plan element, but only by affirmative vote of a majority of the full authorized membership of the governing body, with the reasons of the governing body for so acting set forth in a resolution and recorded in its minutes when adopting such a zoning ordinance; and provided further that, notwithstanding anything aforesaid, the governing body may adopt an interim zoning ordinance pursuant to subsection b. of section 77 of P.L.1975, c.291 (C.40:55D-90). The zoning ordinance shall be drawn with reasonable consideration to the character of each district and its peculiar suitability for particular uses and to encourage the most appropriate use of land. The regulations in the zoning ordinance shall be uniform throughout each district for each class or kind of buildings or other structure or uses of land, including planned unit development, planned unit residential development and residential cluster, but the regulations in one district may differ from those in other districts. b. No zoning ordinance and no amendment or revision to any zoning ordinance shall be submitted to or adopted by initiative or referendum. c. The zoning ordinance shall provide for the regulation of any airport safety zones delineated under the "Air Safety and Zoning Act of 1983," P.L.1983, c.260 (C.6:1-80 et seq.), in conformity with standards promulgated by the Commissioner of Transportation. d. The zoning ordinance shall provide for the regulation of land adjacent to State highways in conformity with the State highway access management code adopted by the Commissioner of Transportation under section 3 of the "State Highway Access Management Act," P.L.1989, c.32 (C.27:7-91), for the regulation of land with access to county roads and highways in conformity with any access management code adopted by the county under R.S.27:16-1 and for the regulation of land with access to municipal streets and highways in conformity with any municipal access management code adopted under R.S.40:67-1. This subsection shall not be construed as requiring a zoning ordinance to establish minimum lot sizes or minimum frontage requirements for lots adjacent to but restricted from access to a State highway. L.1975,c.291,s.49; amended 1983,c.260,s.12; 1985,c.222,s.30; 1985,c.516,s.13; 1989,c.32,s.25; 1991,c.445,s.9. 40:55D-62.1. Notice of hearing on amendment to zoning ordinance 2. Notice of a hearing on an amendment to the zoning ordinance proposing a change to the classification or boundaries of a zoning district, exclusive of classification or boundary changes recommended in a periodic general reexamination of the master plan by the planning board pursuant to section 76 of P.L.1975, c.291 (C.40:55D-89), shall be given at least 10 days prior to the hearing by the municipal clerk to the owners of all real property as shown on the current tax duplicates, located, in the case of a classification change, within the district and within the State within 200 feet in all directions of the boundaries of the district, and located, in

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the case of a boundary change, in the State within 200 feet in all directions of the proposed new boundaries of the district which is the subject of the hearing. A notice pursuant to this section shall state the date, time and place of the hearing, the nature of the matter to be considered and an identification of the affected zoning districts and proposed boundary changes, if any, by street names, common names or other identifiable landmarks, and by reference to lot and block numbers as shown on the current tax duplicate in the municipal tax assessor's office. Notice shall be given by: (1) serving a copy thereof on the property owner as shown on the said current tax duplicate, or his agent in charge of the property, or (2) mailing a copy thereof by certified mail and regular mail to the property owner at his address as shown on the said current tax duplicate. Notice to a partnership owner may be made by service upon any partner. Notice to a corporate owner may be made by service upon its president, a vice president, secretary or other person authorized by appointment or by law to accept service on behalf of the corporation. Notice to a condominium association, horizontal property regime, community trust or homeowners' association, because of its ownership of common elements or areas located within 200 feet of the boundaries of the district which is the subject of the hearing, may be made in the same manner as to a corporation, in addition to notice to unit owners, co-owners, or homeowners on account of such common elements or areas. The municipal clerk shall execute affidavits of proof of service of the notices required by this section, and shall keep the affidavits on file along with the proof of publication of the notice of the required public hearing on the proposed zoning ordinance change. Costs of the notice provision shall be the responsibility of the proponent of the amendment. L.1995,c.249,s.2. 40:55D-63. Notice and protest 50. Notice and Protest. Notice of the hearing on an amendment to the zoning ordinance proposing a change to the classification or boundaries of a zoning district, exclusive of classification or boundary changes recommended in a periodic general reexamination of the master plan by the planning board pursuant to section 76 of P.L.1975, c.291 (C.40:55D-89), shall be given prior to adoption in accordance with the provisions of section 2 of P.L.1995, c.249 (C.40:55D-62.1). A protest against any proposed amendment or revision of a zoning ordinance may be filed with the municipal clerk, signed by the owners of 20% or more of the area either (1) of the lots or land included in such proposed change, or (2) of the lots or land extending 200 feet in all directions therefrom inclusive of street space, whether within or without the municipality. Such amendment or revision shall not become effective following the filing of such protest except by the favorable vote of two-thirds of all the members of the governing body of the municipality. L.1975,c.291,s.50; amended 1991,c.256,s.19; 1995,c.249,s.1.

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40:55D-64. Referral to planning board Prior to the hearing on adoption of a zoning ordinance, or any amendments thereto, the governing body shall refer any such proposed ordinance or amendment thereto to the planning board pursuant to subsection 17a. of this act. L.1975, c. 291, s. 51, eff. Aug. 1, 1976. 40:55D-65 Contents of zoning ordinance. 52. A zoning ordinance may: a. Limit and restrict buildings and structures to specified districts and regulate buildings and structures according to their type and the nature and extent of their use, and regulate the nature and extent of the use of land for trade, industry, residence, open space or other purposes. b. Regulate the bulk, height, number of stories, orientation, and size of buildings and the other structures; the percentage of lot or development area that may be occupied by structures; lot sizes and dimensions; and for these purposes may specify floor area ratios and other ratios and regulatory techniques governing the intensity of land use and the provision of adequate light and air, including, but not limited to the potential for utilization of renewable energy sources. c. Provide districts for planned developments; provided that an ordinance providing for approval of subdivisions and site plans by the planning board has been adopted and incorporates therein the provisions for such planned developments in a manner consistent with article 6 of P.L.1975, c.291 (C.40:55D-37 et seq.). The zoning ordinance shall establish standards governing the type and density, or intensity of land use, in a planned development. Said standards shall take into account that the density, or intensity of land use, otherwise allowable may not be appropriate for a planned development. The standards may vary the type and density, or intensity of land use, otherwise applicable to the land within a planned development in consideration of the amount, location and proposed use of open space; the location and physical characteristics of the site of the proposed planned development; and the location, design and type of dwelling units and other uses. Such standards may provide for the clustering of development between noncontiguous parcels and may, in order to encourage the flexibility of density, intensity of land uses, design and type, authorize a deviation in various clusters from the density, or intensity of use, established for an entire planned development. The standards and criteria by which the design, bulk and location of buildings are to be evaluated shall be set forth in the zoning ordinance and all standards and criteria for any feature of a planned development shall be set forth in such ordinance with sufficient certainty to provide reasonable criteria by which specific proposals for planned development can be evaluated. d. Establish, for particular uses or classes of uses, reasonable standards of performance and standards for the provision of adequate physical improvements including, but not limited to, off-street parking and loading areas, marginal access roads and roadways, other circulation facilities and water, sewerage and drainage facilities; provided that section 41 of P.L.1975, c.291 (C.40:55D-53) shall apply to such improvements. e. Designate and regulate areas subject to flooding (1) pursuant to P.L.1972, c.185

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(C.58:16A-55 et seq.) or (2) as otherwise necessary in the absence of appropriate flood hazard area designations pursuant to P.L.1962, c.19 (C.58:16A-50 et seq.) or floodway regulations pursuant to P.L.1972, c.185 or minimum standards for local flood fringe area regulation pursuant to P.L.1972, c.185. f. g. Provide for conditional uses pursuant to section 54 of P.L.1975, c.291 (C.40:55D-67). Provide for senior citizen community housing.

h. Require as a condition for any approval which is required pursuant to such ordinance and the provisions of this chapter, that no taxes or assessments for local improvements are due or delinquent on the property for which any application is made. i. 65.1). Provide for historic preservation pursuant to section 5 of P.L.1991, c.199 (C.40:55D-

j. Provide for sending and receiving zones for a development transfer program established pursuant to P.L.2004, c.2 (C.40:55D-137 et al.). L.1975,c.291,s.52; amended 1979, c.216, s.21; 1980, c.146, s.5; 1985, c.516, s.14; 1991, c.199, s.4; 1995, c.364, s.2; 2004, c.2, s.39. 40:55D-65.1. Zoning ordinance may designate, regulate historic sites, districts 5. A zoning ordinance may designate and regulate historic sites or historic districts and provide design criteria and guidelines therefor. Designation and regulation pursuant to this section shall be in addition to such designation and regulation as the zoning ordinance may otherwise require. Except as provided hereunder, after July 1, 1994, all historic sites and historic districts designated in the zoning ordinance shall be based on identifications in the historic preservation plan element of the master plan. Until July 1, 1994, any such designation may be based on identifications in the historic preservation plan element, the land use plan element or community facilities plan element of the master plan. The governing body may, at any time, adopt, by affirmative vote of a majority of its authorized membership, a zoning ordinance designating one or more historic sites or historic districts that are not based on identifications in the historic preservation plan element, the land use plan element or community facilities plan element, provided the reasons for the action of the governing body are set forth in a resolution and recorded in the minutes of the governing body. L.1991,c.199,c.5. 40:55D-66. Miscellaneous provisions; model homes; public and private day schools; placement of foster children in single family dwellings a. For purposes of this act, model homes or sales offices within a subdivision and only during the period necessary for the sale of new homes within such subdivision shall not be considered a business use. b. No zoning ordinance governing the use of land by or for schools shall, by any of its

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provisions or by any regulation adopted in accordance therewith, discriminate between public and private nonprofit day schools of elementary or high school grade accredited by the State Department of Education. c. No zoning ordinance shall, by any of its provisions or by any regulation adopted in accordance therewith, discriminate between children who are members of families by reason of their relationship by blood, marriage or adoption, and foster children placed with such families in a dwelling by the Division of Youth and Family Services in the Department of Institutions and Agencies or a duly incorporated child care agency and children placed pursuant to law in single family dwellings known as group homes. As used in this section, the term "group home" means and includes any single family dwelling used in the placement of children pursuant to law recognized as a group home by the Department of Institutions and Agencies in accordance with rules and regulations adopted by the Commissioner of Institutions and Agencies provided, however, that no group home shall contain more than 12 children. L.1975, c. 291, s. 53, eff. Aug. 1, 1976. 40:55D-66.1 Community residences, shelters, adult family care homes; permitted use in residential districts. 1. Community residences for the developmentally disabled, community shelters for victims of domestic violence, community residences for the terminally ill, community residences for persons with head injuries, and adult family care homes for elderly persons and physically disabled adults shall be a permitted use in all residential districts of a municipality, and the requirements therefor shall be the same as for single family dwelling units located within such districts. L.1978,c.159,s.1; amended 1979, c.338, s.2; 1993, c.329, s.7; 1997, c.321, s.1; 2001, c.304, s.11. 40:55D-66.2. Definitions 2. As used in this act: a. "Community residence for the developmentally disabled" means any community residential facility licensed pursuant to P.L.1977, c.448 (C.30:11B-1 et seq.) providing food, shelter and personal guidance, under such supervision as required, to not more than 15 developmentally disabled or mentally ill persons, who require assistance, temporarily or permanently, in order to live in the community, and shall include, but not be limited to: group homes, halfway houses, intermediate care facilities, supervised apartment living arrangements, and hostels. Such a residence shall not be considered a health care facility within the meaning of the "Health Care Facilities Planning Act," P.L.1971, c.136 (C.26:2H-1 et al.). In the case of such a community residence housing mentally ill persons, such residence shall have been approved for a purchase of service contract or an affiliation agreement pursuant to such procedures as shall be established by regulation of the Division of Mental Health and Hospitals of the Department of Human Services. As used in this act, "developmentally disabled person" means a person who is developmentally disabled as defined in section 2 of P.L.1977, c.448 (C.30:11B-2), and "mentally ill person" means a person who is afflicted with a mental illness as defined in R.S.30:4-23, but

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shall not include a person who has been committed after having been found not guilty of a criminal offense by reason of insanity or having been found unfit to be tried on a criminal charge. b. "Community shelter for victims of domestic violence" means any shelter approved for a purchase of service contract and certified pursuant to standards and procedures established by regulation of the Department of Human Services pursuant to P.L.1979, c.337 (C.30:14-1 et seq.), providing food, shelter, medical care, legal assistance, personal guidance, and other services to not more than 15 persons who have been victims of domestic violence, including any children of such victims, who temporarily require shelter and assistance in order to protect their physical or psychological welfare. c. "Community residence for persons with head injuries" means a community residential facility licensed pursuant to P.L.1977, c.448 (C.30:11B-1 et seq.) providing food, shelter and personal guidance, under such supervision as required, to not more than 15 persons with head injuries, who require assistance, temporarily or permanently, in order to live in the community, and shall include, but not be limited to: group homes, halfway houses, supervised apartment living arrangements, and hostels. Such a residence shall not be considered a health care facility within the meaning of the "Health Care Facilities Planning Act," P.L.1971, c.136 (C.26:2H-1 et al.). d. "Person with head injury" means a person who has sustained an injury, illness or traumatic changes to the skull, the brain contents or its coverings which results in a temporary or permanent physiobiological decrease of mental, cognitive, behavioral, social or physical functioning which causes partial or total disability. e. "Community residence for the terminally ill" means any community residential facility operated as a hospice program providing food, shelter, personal guidance and health care services, under such supervision as required, to not more than 15 terminally ill persons. L.1978,c.159,s.2; amended 1979, c.338, s.3; 1993, c.329, s.8; 1997, c.321, s.2. 40:55D-66.3. Severability If any provision of this act or the application thereof to any person or circumstance is found unconstitutional, the remainder of this act and the application of such provisions to other persons or circumstances shall not be affected thereby, and to this end the provisions of this act are severable. L.1978, c. 159, s. 3, eff. Dec. 7, 1978. 40:55D-66.5a. Findings, declarations 1. The Legislature finds and declares that: a. With over 50 percent of working-age women now in the workforce, the need for high quality child care is of vital importance;

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b. Not only does the availability of child care allow parents the peace of mind to pursue their careers and lead active, productive, professional lives, but it is also a necessity given the high cost of living in this State and the ever increasing need for families to bring home two incomes just to get by; c. A significant number of people in this State, recognizing the tremendous need for quality child care, and who, in some cases, are already staying home caring for their own children, are providing child care services for a few additional children, thereby augmenting the supply of child care and providing a vital service that might otherwise not be available elsewhere; and d. Given the paucity of decent, affordable child care combined with the current labor shortage in this State, it seems unreasonable to erect zoning barriers which effectively prevent the establishment of or, in some cases, continuation of, these valuable and vitally necessary family day care homes. e. It is therefore in the public interest and a valid public policy for this Legislature to eliminate those barriers which currently exist which prevent the establishment, or continued operation of, family day care homes in residential neighborhoods. L.1991,c.278,s.1. 40:55D-66.5b. Family day care homes permitted use in residential districts; definitions 2. a. Family day care homes shall be a permitted use in all residential districts of a municipality. The requirements for family day care homes shall be the same as for single-family dwelling units located within such residential districts. Any deed restriction that would prohibit the use of a single family dwelling unit as a family day care home shall not be enforceable unless that restriction is necessary for the preservation of the health, safety, and welfare of the other residents in the neighborhood. The burden of proof shall be on the party seeking to enforce the deed restriction to demonstrate, on a case-by-case basis, that the restriction is necessary for the preservation of the health, safety and welfare of the residents in the neighborhood who were meant to benefit from the restriction. b. In condominiums, cooperatives and horizontal property regimes that represent themselves as being primarily for retirees or elderly persons, or which impose a minimum age limit tending to attract persons who are nearing retirement age, deed restrictions or bylaws may prohibit family day care homes from being a permitted use. c. In condominiums, cooperatives and horizontal property regimes other than those permitted to prohibit family day care homes from being a permitted use under subsection b. of this section, deed restrictions or bylaws may prohibit family day care homes from being a permitted use; however, if such condominiums, cooperatives, or horizontal property regimes prohibit such use, the burden of proof shall be on the condominium association, cooperative association, or council of co-owners to demonstrate, on a case-by-case basis, that the prohibition is reasonably related to the health, safety, and welfare of the residents. The burden of proof also shall be on the condominium association, cooperative association, or council of co-owners to demonstrate, on a case-by-case basis, that any other restrictions imposed upon a family day care home, including

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but not limited to noise restrictions and restrictions on the use of interior common areas, are reasonably related to the health, safety and welfare of the residents. d. For the purposes of this act: "Family day care home" means the private residence of a family day care provider which is registered as a family day care home pursuant to the "Family Day Care Provider Registration Act," P.L.1987, c.27 (C.30:5B-16 et seq.); "Applicant" means a person who applies for a certificate of registration pursuant to the "Family Day Care Provider Registration Act," P.L.1987, c.27 (C.30:5B-16 et seq.); "Commissioner" means the Commissioner of Human Services; "Condominium" means a condominium formed under the "Condominium Act," P.L.1969, c.257 (C.46:8B-1 et seq.); "Cooperative" means a cooperative as defined under "The Cooperative Recording Act of New Jersey," P.L.1987, c.381 (C.46:8D-1 et seq.); and "Horizontal property regime" means a horizontal property regime formed under the "Horizontal Property Act," P.L.1963, c.168 (C.46:8A-1 et seq.). L.1991,c.278,s.2; amended 1992,c.13,s.1. 40:55D-66.6. Child care centers located in nonresidential municipal districts; permitted Child care centers for which, upon completion, a license is required from the Department of Human Services pursuant to P.L.1983, c.492 (C.30:5B-1 et seq.), shall be a permitted use in all nonresidential districts of a municipality. The floor area occupied in any building or structure as a child care center shall be excluded in calculating: (1) any parking requirement otherwise applicable to that number of units or amount of floor space, as appropriate, under State or local laws or regulations adopted thereunder; and (2) the permitted density allowable for that building or structure under any applicable municipal zoning ordinance. L.1989, c.286, s.1. 40:55D-66.7. Child care center excluded in calculation of density of building 1. In considering an application for development approval for a nonresidential development that is to include a child care center that is located on the business premises, is owned or operated by employers or landlords for the benefit of their employees, their tenants' employees, or employees in the area surrounding the development, and is required to be licensed by the Department of Human Services pursuant to P.L.1983, c.492 (C.30:5B-1 et seq.), an approving authority may exclude the floor area to be occupied in any building or structure by the child care center in calculating the density of that building or structure for the purposes of determining whether or not the density is allowable under any applicable municipal zoning ordinance. L.1992,c.81.

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40:55D-66.7a. Child care programs, exemption from local zoning restrictions 2. Any child care program approved by a local board of education and operated by the board or by an approved sponsor in a public school, before or after regular school hours, pursuant to N.J.S.18A:20-34, shall be deemed a permitted use in all residential and nonresidential districts of a municipality and shall be exempt from local zoning restrictions. 18A:20-34.1. Rules, regulations relative to child care services, programs L.1999,c.83, s.2. 40:55D-66.8. Siting of structure, equipment for groundwater remedial action 3. a. The siting of a structure or equipment required for a groundwater remedial action approved by the Department of Environmental Protection pursuant to P.L.1977, c.74 (C.58:10A1 et seq.), shall be deemed to be essential to the continuation of an existing structure or use of a property, including a nonconforming use, or to the development of a property, as authorized in the zoning ordinance of a municipality. A groundwater remedial action subject to this section, including any structure or equipment required in connection therewith, shall, therefore, be deemed to be an accessory use or structure to any structure or use authorized by the development regulations of a municipality; shall be a permitted use in all zoning or use districts of a municipality; and shall not require a use variance pursuant to subsection d. of section 57 of P.L.1975, c.291 (C.40:55D-70). b. A municipality may, by ordinance, adopt reasonable standards for the siting of a structure or equipment required for a groundwater remedial action subject to subsection a. of this section. The standards may include specification of the duration of time allowed for the removal from a site of all structures or equipment used in the remedial action upon expiration of the term of the discharge permit or completion of the remedial action, whichever shall be sooner. Nothing in this subsection shall be deemed to authorize a municipality to require site plan review by a municipal agency for a groundwater remedial action, but an ordinance establishing siting standards may provide penalties and may authorize the municipality to seek injunctive relief for violations of the ordinance. As used in this section, "groundwater remedial action" means the removal or abatement of pollutants in groundwater, and includes de-watering activities performed in connection with the removal or replacement of underground storage tanks, as defined in section 2 of P.L.1986, c.102 (C.58:10A-22), except that as used herein underground storage tanks shall include: (1) farm underground storage tanks of 1,100 gallons or less capacity used for storing motor fuel for noncommercial purposes; (2) underground storage tanks used to store heating oil for on-site consumption in a nonresidential building with a capacity of 2,000 gallons or less; and (3) underground storage tanks used to store heating oil for on-site consumption in a residential building. L.1993,c.351,s.3.

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40:55D-66.9. Variance for remedial action 4. If, for any of the reasons set forth in subsection c. of section 57 of P.L.1975, c.291 (C.40:55D-70), a variance is required under that subsection c. for the siting of a structure or equipment to be used in a groundwater remedial action subject to section 3 of P.L.1993, c.351 (C.40:55D-66.8), a variance for the remedial action shall be deemed necessary to avoid exceptional and undue hardship on an owner, lessee or developer of a property for which a variance application is made; however, a zoning ordinance may authorize the zoning board of adjustment or planning board, as appropriate, to establish reasonable terms and conditions for issuance of a subsection c. variance. The zoning board of adjustment or planning board, as appropriate, shall review and take final action on an application for a subsection c. variance for a groundwater corrective action at the next meeting of the zoning board of adjustment or planning board, as appropriate, occurring not less than 20 days following the filing of an application therefor, unless the zoning board of adjustment or planning board, as appropriate, determines that the application lacks information indicated on a checklist adopted by ordinance and made available to the applicant, and the applicant has been notified, in writing, of the specific deficiencies prior to expiration of the 20-day period. L.1993,c.351,s.4. 40:55D-66.10. Methadone clinic deemed business for zoning purposes 1. For the purposes of any zoning ordinance adopted by any municipality in the State pursuant to section 49 of P.L.1975, c.291 (C.40:55D-62), a municipality may provide within the ordinance that a facility offering outpatient methadone maintenance services, hereinafter referred to as a "methadone clinic," shall be deemed to be a 'business' or commercial operation or functional equivalent thereof and shall not be construed, for zoning purposes, as ancillary or adjunct to a doctor's professional office. When a municipality has adopted such an ordinance, the siting of a methadone clinic within a municipality shall be limited to zones designated for business or commercial use. L.2001,c.19,s.1. 40:55D-67. Conditional uses; site plan review a. A zoning ordinance may provide for conditional uses to be granted by the planning board according to definite specifications and standards which shall be clearly set forth with sufficient certainty and definiteness to enable the developer to know their limit and extent. The planning board shall grant or deny an application for a conditional use within 95 days of submission of a complete application by a developer to the administrative officer, or within such further time as may be consented to by the applicant. b. The review by the planning board of a conditional use shall include any required site plan review pursuant to article 6 of this act. The time period for action by the planning board on conditional uses pursuant to subsection a. of this section shall apply to such site plan review. Failure of the planning board to act within the period prescribed shall constitute approval of the application and a certificate of the administrative officer as to the failure of the planning board to act shall be issued on request of the applicant, and it shall be sufficient in lieu of the written endorsement or other evidence of approval, herein required, and shall be so accepted by the county recording officer for purposes of filing subdivision plats.

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Whenever review or approval of the application by the county planning board is required by section 5 of P.L.1968, c. 285 (C. 40:27-6.3), in the case of a subdivision, or section 8 of P.L.1968, c. 285 (C. 40:27-6.6), in the case of a site plan, the municipal planning board shall condition any approval that it grants upon timely receipt of a favorable report on the application by the county planning board or approval by the county planning board by its failure to report thereon within the required time period. L.1975, c. 291, s. 54, eff. Aug. 1, 1976. 40:55D-68. Nonconforming structures and uses Nonconforming structures and uses. Any nonconforming use or structure existing at the time of the passage of an ordinance may be continued upon the lot or in the structure so occupied and any such structure may be restored or repaired in the event of partial destruction thereof. The prospective purchaser, prospective mortgagee, or any other person interested in any land upon which a nonconforming use or structure exists may apply in writing for the issuance of a certificate certifying that the use or structure existed before the adoption of the ordinance which rendered the use or structure nonconforming. The applicant shall have the burden of proof. Application pursuant hereto may be made to the administrative officer within one year of the adoption of the ordinance which rendered the use or structure nonconforming or at any time to the board of adjustment. The administrative officer shall be entitled to demand and receive for such certificate issued by him a reasonable fee not in excess of those provided in R.S. 54:5-14 and R.S. 54:5-15. The fees collected by the official shall be paid by him to the municipality. Denial by the administrative officer shall be appealable to the board of adjustment. Sections 59 through 62 of P.L. 1979, c. 291 (C. 40:55D-72 to C. 40:55D-75) shall apply to applications or appeals to the board of adjustment. L. 1975, c. 291, s. 55, eff. Aug. 1, 1976. Amended by L. 1985, c. 516, s. 15. 40:55D-68.1. Year-round operation Any hotel, guest house, rooming house or boarding house which is situated in any municipality which borders on the Atlantic ocean in a county of the fifth or sixth class shall be permitted to operate on a full-year basis notwithstanding section 55 of P.L.1975, c.291 (C.40:55D-68) or any municipal ordinance, resolution, seasonal license, or other municipal rule or regulation to the contrary if it is demonstrated by affidavit or certification that: a. a certificate of inspection has been issued for the hotel or guest house under the provisions of P.L.1967, c.76 (C.55:13A-1 et seq.) or, in the case of a rooming house or boarding house, that a license has been issued under P.L.1979, c.496 (C.55:13B-1 et al.); and b. a hotel or guest house in the municipality which has obtained a certificate of inspection pursuant to P.L.1967, c.76 (C.55:13A-1 et seq.) or rooming house or boarding house in the municipality which is licensed under P.L.1979, c.496 (C.55:13B-1 et al.) is not prohibited from operating on a full-year basis on February 9, 1989 or on any other day following February 9, 1989. L.1989, c.67, s.1.

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40:55D-68.2 Determination of eligibility The owner of any hotel, guest house, rooming house or boarding house who proposes to increase its operation to a full-year basis and who can demonstrate that a hotel, guest house, rooming house or boarding house in the municipality is not prohibited from operating on a fullyear basis as provided under section 1 of this act shall file copies of that information with the Commissioner of Community Affairs in accordance with the requirements set forth in section 1 of this act and provide copies of that information to the clerks of the municipality and county in which the hotel, guest house, rooming house or boarding house is situated. The commissioner shall review that information submitted by the hotel, guest house, rooming house or boarding house owner and, within 30 days of receiving the information submitted, provide a determination of whether or not the hotel, guest house, rooming house or boarding house meets the requirements of section 1 of this act. If the commissioner does not provide a determination within the 30-day period, the hotel, guest house, rooming house or boarding house owner may commence the operation of the hotel, guest house, rooming house or boarding house on a fullyear basis. L.1989, c.67, s.2. 40:55D-68.3. Penalty for violation Any person who knowingly files false information under this act shall be liable to a civil penalty not to exceed $1,000 for each filing. Any penalty imposed under this section may be recovered with costs in a summary proceeding pursuant to "the penalty enforcement law," N.J.S.2A:58-1 et seq. L.1989, c.67, s.3. 40:55D-68.4 Certain senior citizens permitted to rent, lease rooms. 1. Notwithstanding any law, ordinance, rule or regulation to the contrary, a municipality shall not prohibit any senior citizen, who is the owner of a single-family dwelling which is his primary residence, from renting or leasing a room or rooms within that dwelling, together with general use associated with that dwelling, to one person, except that nothing in this act shall be construed to prohibit a municipality from allowing the rental or leasing to more than one person. L.1997,c.339,s.1. 40:55D-68.5 "Senior citizen" defined. 2. For the purposes of this act, a "senior citizen" is any person who has attained the age of 62 years on or after the effective date of this act, or the spouse of that person, or the surviving spouse of that person, if the surviving spouse is 55 years of age or older. L.1997,c.339,s.2. 40:55D-68.6 Powers of municipality intact. 3. Nothing in this act shall be interpreted to limit the powers of a municipality to enforce applicable provisions of any laws, ordinances and regulations relating to fire safety, and public health and welfare. L.1997,c.339,s.3.

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40:55D-69 Zoning board of adjustment. 56. Zoning board of adjustment. Upon the adoption of a zoning ordinance, the governing body shall create, by ordinance, a zoning board of adjustment unless the municipality is eligible for, and exercises, the option provided by subsection c. of section 16 of P.L.1975, c.291 (C.40:55D-25). A zoning board of adjustment shall consist of seven regular members and may have not more than two alternate members. All regular members and any alternate members shall be municipal residents. Notwithstanding the provisions of any other law or charter heretofore adopted, such ordinance shall provide the method of appointment of all such members. Alternate members shall be designated at the time of appointment by the authority appointing them as "Alternate No. 1" and "Alternate No. 2." The terms of the members first appointed under this act shall be so determined that to the greatest practicable extent, the expiration of such terms shall be distributed, in the case of regular members, evenly over the first four years after their appointment, and in the case of alternate members, evenly over the first two years after their appointment; provided that the initial term of no regular members shall exceed four years and that the initial term of no alternate member shall exceed two years. Thereafter, the term of each regular member shall be four years, and the term of each alternate member shall be two years. No member may hold any elective office or position under the municipality. No member of the board of adjustment shall be permitted to act on any matter in which he has, either directly or indirectly, any personal or financial interest. A member may, after public hearing if he requests it, be removed by the governing body for cause. A vacancy occurring otherwise than by expiration of term shall be filled for the unexpired term only. The board of adjustment shall elect a chairman and vice chairman from its regular members and select a secretary, who may or may not be a member of the board of adjustment or a municipal employee. Alternate members may participate in all matters but may not vote except in the absence or disqualification of a regular member. Participation of alternate members shall not be deemed to increase the size of the zoning board of adjustment established by ordinance of the governing body pursuant to section 56 of P.L.1975, c.291 (C.40:55D-69). A vote shall not be delayed in order that a regular member may vote instead of an alternate member. In the event that a choice must be made as to which alternate member is to vote, Alternate No. 1 shall vote.L.1975,c.291,s.56; amended 1978, c.37, s.2; 1979, c.216, s.22; 1985, c.516, s.27; 1998, c.95, s.9.

40:55D-69.1. Members of planning board may serve temporarily on the board of adjustment 20. If the board of adjustment lacks a quorum because any of its regular or alternate members is prohibited by section 56 of P.L.1975, c.291 (C.40:55D-69) from acting on a matter due to the member's personal or financial interest therein, Class IV members of the planning board shall be called upon to serve, for that matter only, as temporary members of the board of adjustment. The Class IV members of the planning board shall be called upon to serve in order of seniority of continuous service to the planning board until there are the minimum number of members necessary to constitute a quorum to act upon the matter without any personal or financial interest therein, whether direct or indirect. If a choice has to be made between Class IV members of equal seniority, the chairman of the planning board shall make the choice. L.1991,c.256,s.20.

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40:55D-70 Powers 57. Powers. The board of adjustment shall have the power to: a. Hear and decide appeals where it is alleged by the appellant that there is error in any order, requirement, decision or refusal made by an administrative officer based on or made in the enforcement of the zoning ordinance; b. Hear and decide requests for interpretation of the zoning map or ordinance or for decisions upon other special questions upon which such board is authorized to pass by any zoning or official map ordinance, in accordance with this act; c. (1) Where: (a) by reason of exceptional narrowness, shallowness or shape of a specific piece of property, or (b) by reason of exceptional topographic conditions or physical features uniquely affecting a specific piece of property, or (c) by reason of an extraordinary and exceptional situation uniquely affecting a specific piece of property or the structures lawfully existing thereon, the strict application of any regulation pursuant to article 8 of this act would result in peculiar and exceptional practical difficulties to, or exceptional and undue hardship upon, the developer of such property, grant, upon an application or an appeal relating to such property, a variance from such strict application of such regulation so as to relieve such difficulties or hardship; (2) where in an application or appeal relating to a specific piece of property the purposes of this act would be advanced by a deviation from the zoning ordinance requirements and the benefits of the deviation would substantially outweigh any detriment, grant a variance to allow departure from regulations pursuant to article 8 of this act; provided, however, that the fact that a proposed use is an inherently beneficial use shall not be dispositive of a decision on a variance under this subsection and provided that no variance from those departures enumerated in subsection d. of this section shall be granted under this subsection; and provided further that the proposed development does not require approval by the planning board of a subdivision, site plan or conditional use, in conjunction with which the planning board has power to review a request for a variance pursuant to subsection a. of section 47 of this act; and d. In particular cases for special reasons, grant a variance to allow departure from regulations pursuant to article 8 of this act to permit: (1) a use or principal structure in a district restricted against such use or principal structure, (2) an expansion of a nonconforming use, (3) deviation from a specification or standard pursuant to section 54 of P.L.1975, c.291 (C.40:55D67) pertaining solely to a conditional use, (4) an increase in the permitted floor area ratio as defined in section 3.1. of P.L.1975, c.291 (C.40:55D-4), (5) an increase in the permitted density as defined in section 3.1 of P.L.1975, c.291 (C.40:55D-4), except as applied to the required lot area for a lot or lots for detached one or two dwelling unit buildings, which lot or lots either an isolated undersized lot or lots resulting from a minor subdivision or (6) a height of a principal structure which exceeds by 10 feet or 10% the maximum height permitted in the district for a principal structure. A variance under this subsection shall be granted only by affirmative vote of at least five members, in the case of a municipal board, or two-thirds of the full authorized membership, in the case of a regional board, pursuant to article 10 of this act. If an application development requests one or more variances but not a variance for a purpose enumerated in subsection d. of this section, the decision on the requested variance or

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variances shall be rendered under subsection c. of this section. No variance or other relief may be granted under the terms of this section, including a variance or other relief involving an inherently beneficial use, without a showing that such variance or other relief can be granted without substantial detriment to the public good and will not substantially impair the intent and the purpose of the zone plan and zoning ordinance. In respect to any airport safety zones delineated under the "Air Safety and Zoning Act of 1983," P.L.1983, c.260 (C.6:1-80 et seq.), no variance or other relief may be granted under the terms of this section, permitting the creation or establishment of a nonconforming use which would be prohibited under standards promulgated pursuant to that act, except upon issuance of a permit by the Commissioner of Transportation. An application under this section may be referred to any appropriate person or agency for its report; provided that such reference shall not extend the period of time within which the zoning board of adjustment shall act. L.1975,c.291,s.57; amended 1979, c.216, s.23; 1983, c.260, s.13; 1984, c.20, s.12; 1991, c.256, s.21; 1991, c.445, s.10; 1997, c.145. 40:55D-70.1. Annual report The board of adjustment shall, at least once a year, review its decisions on applications and appeals for variances and prepare and adopt by resolution a report on its findings on zoning ordinance provisions which were the subject of variance requests and its recommendations for zoning ordinance amendment or revision, if any. The board of adjustment shall send copies of the report and resolution to the governing body and planning board. L. 1985, c. 516, s. 16. 40:55D-70.2. Board of adjustment, determination; reasons 6. If, in the case of an appeal made pursuant to subsection a. of section 57 of P.L.1975, c.291 (C.40:55D-70), the board of adjustment determines there is an error in any order, requirement, decision or refusal made by the administrative officer pursuant to a report submitted by the historic preservation commission or planning board in accordance with section 25 of P.L.1985, c.216 (C.40:55D-111), the board of adjustment shall include the reasons for its determination in the findings of its decision thereon. L.1991,c.199,s.6. 40:55D-71. Expenses and costs a. The governing body shall make provision in its budget and appropriate funds for the expenses of the board of adjustment. b. The board of adjustment may employ, or contract for, and fix the compensation of legal counsel, other than the municipal attorney, and experts and other staff and services as it shall deem necessary, not exceeding, exclusive of gifts or grants, the amount appropriated by the governing body for its use. L.1975, c. 291, s. 58, eff. Aug. 1, 1976.

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40:55D-72. Appeals and applications to board of adjustment a. Appeals to the board of adjustment may be taken by any interested party affected by any decision of an administrative officer of the municipality based on or made in the enforcement of the zoning ordinance or official map. Such appeal shall be taken within 20 days by filing a notice of appeal with the officer from whom the appeal is taken specifying the grounds of such appeal. The officer from whom the appeal is taken shall immediately transmit to the board all the papers constituting the record upon which the action appealed from was taken. b. A developer may file an application for development with the board of adjustment for action under any of its powers without prior application to an administrative officer. L.1975, c. 291, s. 59, eff. Aug. 1, 1976. Amended by L.1979, c. 216, s. 24. 40:55D-72.1. Continuation of application Any application for development submitted to the board of adjustment pursuant to lawful authority before the effective date of an ordinance pursuant to subsection c. of section 16 of P.L. 1975, c. 291 (C. 40:55D-25) may be continued at the option of the applicant, and the board of adjustment shall have every power which it possessed before the effective date of the ordinance in regard to the application. L. 1985, c. 516, s. 9. 40:55D-73. Time for decision a. The board of adjustment shall render a decision not later than 120 days after the date (1) an appeal is taken from the decision of an administrative officer or (2) the submission of a complete application for development to the board of adjustment pursuant to section 59b. of this act. b. Failure of the board to render a decision within such 120-day period or within such further time as may be consented to by the applicant, shall constitute a decision favorable to the applicant. L.1975, c. 291, s. 60, eff. Aug. 1, 1976. 40:55D-74. Modification on appeal The board of adjustment may reverse or affirm, wholly or in part, or may modify the action, order, requirement, decision, interpretation or determination appealed from and to that end have all the powers of the administrative officer from whom the appeal is taken. L.1975, c. 291, s. 61, eff. Aug. 1, 1976. 40:55D-75. Stay of proceedings by appeal; exception An appeal to the board of adjustment shall stay all proceedings in furtherance of the action in respect to which the decision appealed from was made unless the officer from whose action the appeal is taken certifies to the board of adjustment, after the notice of appeal shall have been

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filed with him, that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed other than by an order of the Superior Court upon notice to the officer from whom the appeal is taken and on due cause shown. L.1975, c. 291, s. 62, eff. Aug. 1, 1976. 40:55D-76. Other powers a. Sections 59 through 62 of this article shall apply to the power of the board of adjustment to: (1) Direct issuance of a permit pursuant to section 25 of this act for a building or structure in the bed of a mapped street or public drainage way, flood control basin or public area reserved pursuant to section 23 of this act; or (2) Direct issuance of a permit pursuant to section 27 of this act for a building or structure not related to a street. b. The board of adjustment shall have the power to grant, to the same extent and subject to the same restrictions as the planning board, subdivision or site plan approval pursuant to article 6 of this act or conditional use approval pursuant to section 54 of this act, whenever the proposed development requires approval by the board of adjustment of a variance pursuant to subsection d. of section 57 of this act (C. 40:55D-70). The developer may elect to submit a separate application requesting approval of the variance and a subsequent application for any required approval of a subdivision, site plan or conditional use. The separate approval of the variance shall be conditioned upon grant of all required subsequent approvals by the board of adjustment. No such subsequent approval shall be granted unless such approval can be granted without substantial detriment to the public good and without substantial impairment of the intent and purpose of the zone plan and zoning ordinance. The number of votes of board members required to grant any such subsequent approval shall be as otherwise provided in this act for the approval in question, and the special vote pursuant to the aforesaid subsection d. of section 57 shall not be required. c. Whenever an application for development requests relief pursuant to subsection b. of this section, the board of adjustment shall grant or deny approval of the application within 120 days after submission by a developer of a complete application to the administrative officer or within such further time as may be consented to by the applicant. In the event that the developer elects to submit separate consecutive applications, the aforesaid provision shall apply to the application for approval of the variance. The period for granting or denying any subsequent approval shall be as otherwise provided in this act. Failure of the board of adjustment to act within the period prescribed shall constitute approval of the application, and a certificate of the administrative officer as to the failure of the board of adjustment to act shall be issued on request of the applicant, and it shall be sufficient in lieu of the written endorsement or other evidence of approval herein required, and shall be so accepted by the county recording officer for purposes of filing subdivision plats. Whenever review or approval of the application by the county planning board is required by

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section 5 of P.L.1968, c. 285 (C. 40:27-6.3), in the case of a subdivision, or section 8 of P.L.1968, c. 285 (C. 40:27-6.6), in the case of a site plan, the municipal board of adjustment shall condition any approval that it grants upon timely receipt of a favorable report on the application by the county planning board or approval by the county planning board by its failure to report thereon within the required time. An application under this section may be referred to any appropriate person or agency for its report; provided that such reference shall not extend the period of time within which the zoning board of adjustment shall act. L.1975, c. 291, s. 63, eff. Aug. 1, 1976. Amended by L.1979, c. 216, s. 25; L.1984, c. 20, s. 13, eff. March 22, 1984. 40:55D-77. Generally The governing bodies of two or more municipalities, independently or with the board or boards of chosen freeholders of any county or counties in which such municipalities are located or of any adjoining county or counties or the governing body of any municipality and the board of chosen freeholders in which such municipality is located, or the boards of chosen freeholders of any two or more adjoining counties, may, by substantially similar ordinances or resolutions, as the case may be, duly adopted by each of such governing bodies within 6 calendar months after the adoption of the first such ordinance or resolution after notice and hearing as herein required, enter into a joint agreement providing for the joint administration of any or all of the powers conferred upon each of the municipalities or counties pursuant to this act. Such ordinance may also provide for the establishment and appointment of a regional planning board, a regional board of adjustment, or a joint building official, joint zoning officer or other officials responsible for performance of administrative duties in connection with any power exercised pursuant to this act. L.1975, c. 291, s. 64, eff. Aug. 1, 1976. 40:55D-78. Terms of joint agreement The ordinance shall, subject to this article, set forth the specific duties to be exercised jointly; the composition, membership and manner of appointment of any regional board including the representation of each municipality or county; the qualifications and manner or appointment of any joint building official, joint zoning officer or other joint administrative officer; the term of office, the manner of financing, the expenses of such joint exercise of powers, the share of financing to be borne by each county and municipality joining therein, the duration of such agreement and the manner in which such agreement may be terminated or extended. L.1975, c. 291, s. 65, eff. Aug. 1, 1976. 40:55D-79. Membership of regional boards Every joint agreement creating a regional board under this article shall provide for a representative member on such board for each constituent municipality or county and may provide for additional representative members for any such constituent municipality or county. The representative member or members on a regional board for a constituent municipality shall

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be appointed by the mayor. Any such member, after a public hearing if he requests one, may be removed for cause by the governing body of such constituent municipality. The representative member or members of a regional board for a constituent county shall be appointed by the board of chosen freeholders of such county. Any such member, after public hearing if he requests one, may be removed for cause by the board of chosen freeholders of such constituent county. In addition to such members, any regional planning board may adopt a resolution providing that the Commissioner of the Department of Environmental Protection appoint as a member of the regional planning board a representative of that department's Division of Parks and Forestry and an additional member who shall be a resident of the area served by the regional board but who shall not hold any public office or position excepting an appointive membership on a municipal or other planning board. Within 30 days of the adoption of such resolution the commissioner shall make the appointments as requested. L.1975, c. 291, s. 66, eff. Aug. 1, 1976. Amended by L.1979, c. 216, s. 26. 40:55D-80. Organization of regional boards; rules and procedures Each regional board shall elect a chairman and a vice chairman from among its members, with a term of 1 year and eligibility for reelection, and select a secretary, who may or may not be a member or employee of the board, and may create and fill such other offices as it may determine. Each regional board shall adopt rules for the transaction of its business and keep a record of its resolutions, transactions, findings and determinations, which record shall be a public record. Each regional board shall be subject to the provisions of article 1 of this act relating to rules of procedures, meetings, hearings and notices. L.1975, c. 291, s. 67, eff. Aug. 1, 1976. 40:55D-81. Expenses; staff and consultants The regional board or agency may employ, or contract for and fix the compensation of legal counsel, other than an attorney for a constituent municipality or county, and experts and other staff and services, as it may deem necessary, not exceeding, exclusive of gifts or grants, the amounts agreed upon and appropriated for its use. L.1975, c. 291, s. 68, eff. Aug. 1, 1976. 40:55D-82. Sharing of costs and expenses The apportionment of costs and expenses under any joint agreement may be based upon apportionment valuations determined under R.S. 54:4-49, or upon population, budgets and such other factor or factors, or any combination thereof as provided in the agreement. L.1975, c. 291, s. 69, eff. Aug. 1, 1976. 40:55D-83. Termination of agreement Termination of a joint agreement pursuant to section 65 of this act shall not be made effective earlier than June 30 next succeeding the expiration of 12 full calendar months following the

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decision to terminate; provided that such termination may occur at an earlier date if the parties to the joint agreement unanimously agree to such earlier date on or after the date of the decision to terminate as provided by the joint agreement. L.1975, c. 291, s. 70, eff. Aug. 1, 1976. 40:55D-84. Regional planning board; powers A regional planning board shall prepare a master plan for the physical, economic and social development of the region, as created pursuant to the agreement, with elements similar to those mentioned in section 19, and may make such additional surveys and studies as may be necessary to carry out its duties. The governing body of any constituent municipality, by ordinance, or the board of chosen freeholders of any constituent county, by resolution, may delegate to the regional planning board, any or all of the powers and duties of a municipal planning board, in the case of a municipality, and, in the case of a county, any or all or the powers and duties of a county planning board. Notwithstanding any other provision of this act, no application for development shall be required to be reviewed and approved by both a regional planning board and the planning board of a constituent municipality. L.1975, c. 291, s. 71, eff. Aug. 1, 1976. 40:55D-85. Regional board of adjustment A regional board of adjustment shall consist of at least seven members. Each member shall be appointed for a term of 4 years, except that of the first members to be appointed, the term of at least one member shall expire at the end of every year. A regional board of adjustment shall have all the powers of a municipal board of adjustment of each of the constituent municipalities and, unless otherwise specified herein, shall be subject to the provisions of this act relating to municipal boards of adjustment. Except for determination of matters pending before them at the time of creation of a regional board of adjustment, the jurisdiction of all municipal boards of adjustment in the constituent municipalities shall be terminated by the regional board. L.1975, c. 291, s. 72, eff. Aug. 1, 1976. 40:55D-85.1. Appeal to municipality of final decision on application for development by regional planning board or zoning board of adjustment a. In the case of any final decision of a regional planning board or regional zoning board of adjustment approving an application for development, the governing body of the municipality in which the land is situated which is the subject of the application for development may hear and decide an appeal by any interested party of this approval if the application for development is of a class of applications for development specified by ordinance as so subject to appeal. The appeal shall be made within 10 days of the date of publication of the final decision pursuant to subsection i. of section 6 of P.L. 1975, c. 291 (C. 40:55D-10). The appeal to the governing body shall be made by serving the municipal clerk in person or by certified mail with a notice of appeal specifying the grounds thereof and the name and address of the appellant and name and address of his attorney, if represented. The appeal shall be decided by the governing body only

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upon the record established before the regional board. b. Notice of the meeting to review the record below shall be given by the governing body by personal service or certified mail to the appellant, to those entitled to notice of a decision pursuant to subsection h. of section 6 of P.L. 1975, c. 291 (C. 40:55D-10) and to the board from which the appeal is taken, at least 10 days prior to the date of the meeting. The parties may submit oral and written argument on the record at the meeting, and the governing body shall provide for verbatim recording and transcripts of the meeting pursuant to subsection f. of section 6 of P.L. 1975, c. 291 (C. 40:55D-10.) c. The appellant shall, (1) within five days of service of the notice of the appeal pursuant to subsection a. hereof, arrange for a transcript pursuant to subsection f. of section 6 of P.L. 1975, c. 291 (C. 40:55D-10) for use by the governing body and pay a deposit of $50.00 or the estimated cost of such transcription, whichever is less, or (2) within 35 days of service of the notice of appeal, submit a transcript as otherwise arranged to the municipal clerk; otherwise, the appeal may be dismissed for failure to prosecute. The governing body shall conclude a review of the record not later than 95 days from the date of publication of notice of the decision below pursuant to subsection i. of section 6 of P.L. 1975, c. 291 (C. 40:55D-10) unless the applicant consents in writing to an extension of the period. Failure of the governing body to hold a hearing and conclude a review of the record below and to render a decision within the specified period shall constitute a decision affirming the action of the board. d. The governing body may reverse, remand, or affirm with or without the imposition of conditions the final decision of the regional board. e. The affirmative vote of a majority of the full authorized membership of the governing body shall be necessary to reverse, remand, or affirm with or without conditions any final action of the regional board. f. An appeal to the governing body shall stay all proceedings in furtherance of the action in respect to which the decision appealed from was made unless the board from whose action the appeal is taken certifies to the governing body, after the notice of appeal shall have been filed with the board, that by reason of acts stated in the certificate a stay would, in its opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed other than by an order of the Superior Court on application upon notice to the board from whom the appeal is taken and on good cause shown. g. The governing body shall mail a copy of the decision to the appellant or if represented then to his attorney, without separate charge, and for a reasonable charge to any interested party who has requested it, not later than 10 days after the date of the decision. A brief notice of the decision shall be published in the official newspaper of the municipality, if there is one, or in a newspaper of general circulation in the municipality. The publication shall be arranged by the applicant unless a particular municipal officer is so designated by ordinance; but nothing contained herein shall be construed as preventing the applicant from arranging the publication if

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he so desires. The governing body may make a reasonable charge for its publication. The period of time in which an appeal to a court of competent jurisdiction may be made shall run from the first publication, whether arranged by the municipality or the applicant. h. Nothing in this act shall be construed to restrict the right of any party to obtain a review by any court of competent jurisdiction according to law. L. 1985, c. 516, s. 17. 40:55D-86. Appointment of joint building officials, zoning officers and planning administrative officers The governing bodies of two or more constituent municipalities may provide by agreement, pursuant to procedures set forth herein, for the appointment of a joint building official, zoning officer, planning administrative officer or any thereof, and any other personnel necessary for the enforcement of the provisions of this act. L.1975, c. 291, s. 73, eff. Aug. 1, 1976. 40:55D-87. Joint administrative functions The building official, zoning office and planning administration functions, or any thereof, or a joint office shall be exercised in the same manner, to the same extent and with the same obligation to attend and report to the governing bodies, boards, communities and officials of each of the several municipalities as though such functions were exercised in each municipality separately, and all records for each of the municipalities shall be maintained separately and shall be available for public inspection pursuant to law. Except as otherwise provided by joint agreement, any person or persons who may hereafter be appointed as a joint building official, zoning officer or planning administrative officer shall serve at the pleasure of the regional planning board. L.1975, c. 291, s. 74, eff. Aug. 1, 1976. 40:55D-88. Delegation to county, regional and interstate bodies The governing body of any municipality may, by ordinance pursuant to a written agreement, provide for the joint administration of any or all of the powers conferred upon the municipality by this act with a county, regional or interstate body authorized to act in the region of which the municipality is part. The ordinance shall set forth the membership of the joint body, the specific administrative duties to be exercised, in the manner of financing, the share of financing to be borne by the bodies involved, the duration of the agreement and the manner in which the agreement may be terminated or extended. L.1975, c. 291, s. 75, eff. Aug. 1, 1976. 40:55D-89 Periodic examination. 76. Periodic examination. The governing body shall, at least every six years, provide for a general reexamination of its master plan and development regulations by the planning

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board, which shall prepare and adopt by resolution a report on the findings of such reexamination, a copy of which report and resolution shall be sent to the county planning board. A notice that the report and resolution have been prepared shall be sent to the municipal clerk of each adjoining municipality, who may, on behalf of the governing body of the municipality, request a copy of the report and resolution. A reexamination shall be completed at least once every six years from the previous reexamination. The reexamination report shall state: a. The major problems and objectives relating to land development in the municipality at the time of the adoption of the last reexamination report. b. The extent to which such problems and objectives have been reduced or have increased subsequent to such date. c. The extent to which there have been significant changes in the assumptions, policies, and objectives forming the basis for the master plan or development regulations as last revised, with particular regard to the density and distribution of population and land uses, housing conditions, circulation, conservation of natural resources, energy conservation, collection, disposition, and recycling of designated recyclable materials, and changes in State, county and municipal policies and objectives. d. The specific changes recommended for the master plan or development regulations, if any, including underlying objectives, policies and standards, or whether a new plan or regulations should be prepared. e. The recommendations of the planning board concerning the incorporation of redevelopment plans adopted pursuant to the "Local Redevelopment and Housing Law," P.L.1992, c.79 (C.40A:12A-1 et al.) into the land use plan element of the municipal master plan, and recommended changes, if any, in the local development regulations necessary to effectuate the redevelopment plans of the municipality. L.1975,c.291,s.76; amended 1980, c.146, s.6; 1985, c.516, s.18; 1987, c.102, s.29; 1992, c.79, s.50; 2001, c.342, s.9. 40:55D-89.1. Rebuttable presumption The absence of the adoption by the planning board of a reexamination report pursuant to section 76 of P.L. 1975, c. 291 (C. 40:55D-89) shall constitute a rebuttable presumption that the municipal development regulations are no longer reasonable. L. 1985, c. 516, s. 19. 40:55D-90. Moratoriums; interim zoning Moratoriums; interim zoning. a. The prohibition of development in order to prepare a master plan and development regulations is prohibited.

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b. No moratoria on applications for development or interim zoning ordinances shall be permitted except in cases where the municipality demonstrates on the basis of a written opinion by a qualified health professional that a clear imminent danger to the health of the inhabitants of the municipality exists, and in no case shall the moratorium or interim ordinance exceed a sixmonth term. L. 1975, c. 291, s. 77, eff. Aug. 1, 1976. Amended by L. 1979, c. 7, s. 1, eff. Jan. 30, 1979; L. 1985, c. 516, s. 20. 40:55D-91. Severability of provisions If the provisions of any article, section, subsection, paragraph, subdivision or clause or this act shall be judged invalid by a court of competent jurisdiction, such order or judgment shall not affect or invalidate the remainder of any article, section, subsection, paragraph, subdivision or clause of this act and, to this end, the provisions of each article, section, subsection, paragraph, subdivision or clause of this act are hereby declared to be severable. L.1975, c. 291, s. 78, eff. Aug. 1, 1976. 40:55D-92. Construction This act being necessary for the welfare of the State and its inhabitants shall be considered liberally to effect the purposes thereof. L.1975, c. 291, s. 79, eff. Aug. 1, 1976. 40:55D-93. Preparation; storm water control ordinances to implement; date of completion; reexamination Every municipality in the State shall prepare a storm water management plan and a storm water control ordinance or ordinances to implement said plan. Such a storm water management plan shall be completed within 1 year from the date of promulgation of comprehensive storm water management regulations by the Commissioner of the Department of Environmental Protection, or by the next reexamination of the master plan required pursuant to section 76 of P.L.1975, c. 291 (C. 40:55D-89), whichever shall be later, provided that a grant for the preparation of the plan has been made available pursuant to section 6 hereof. The plan shall be reexamined at each subsequent scheduled reexamination of the master plan pursuant thereto. Such a storm water control ordinance or ordinances shall be adopted within 1 year of the completion of the storm water management plan and shall be revised thereafter as needed. L.1981, c. 32, s. 1, eff. Feb. 12, 1981. 40:55D-94. Integral part of master plan; coordination with soil conservation district and other storm water management plans Such a storm water management plan shall be an integral part of any master plan prepared by that municipality pursuant to section 19 of P.L.1975, c. 291 (C. 40:55D-28). Each municipality shall coordinate such plan with the appropriate soil conservation district established pursuant to chapter 24 of Title 4 of the Revised Statutes and with any storm water management plans prepared by any other municipality or any county, areawide agency or the State relating to the river basins located in that municipality. L.1981, c. 32, s. 2, eff. Feb. 12, 1981.

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40:55D-95. Storm water management plan, ordinance; requirements 3. A storm water management plan and a storm water management ordinance or ordinances shall conform to all relevant federal and State statutes, rules and regulations concerning storm water management or flood control and shall be designed: a. to reduce flood damage, including damage to life and property; b. to minimize storm water runoff from any new land development where such runoff will increase flood damage; c. to reduce soil erosion from any development or construction project; d. to assure the adequacy of existing and proposed culverts and bridges; e. to induce water recharge into the ground where practical; f. to prevent, to the greatest extent feasible, an increase in nonpoint pollution; g. to maintain the integrity of stream channels for their biological functions, as well as for drainage; and h. to minimize public safety hazards at any storm water detention facilities constructed as part of a subdivision or pursuant to a site plan. A storm water management plan shall also include such structural changes and such additional nonstructural measures and practices as may be necessary to manage storm water. For purposes of this act "nonpoint pollution" means pollution from any source other than from any discernible, confined and discrete conveyance, and shall include, but not be limited to, pollutants from agricultural, silvicultural, mining, construction, subsurface disposal and urban runoff sources. L.1981,c.32,s.3; amended 1991,c.194,s.1. 40:55D-95.1. Rules, regulations 5. The Commissioner of Environmental Protection, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall adopt regulations to protect the public safety with respect to storm water detention facilities, including those aspects of design and operation of storm water detention facilities that may constitute a threat to the public safety. In adopting the rules and regulations, the commissioner shall, to the maximum extent feasible: a. Promote site-specific solutions to public safety hazards at storm water detention facilities in keeping with generally accepted storm water management and engineering principles; b. Deter the general public, especially children, from entering areas where storm water detention facilities are located; c. Provide guidelines for designing escape aids for individuals who may become trapped in a storm water detention facility; d. Provide that the declivity of a storm water detention basin be as gradual as possible, but within the limits of existing water quality regulations; e. Eliminate, where possible, public safety hazards associated with storm water detention facilities. The commissioner shall also examine the usefulness of trash and safety racks, grates, bar screens and lattices, and fencing, and recommend their use individually or in combination with respect to each type of design for an inlet to an outlet structure of a storm water detention facility. L.1991,c.194,s.5.

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40:55D-96. Exceptions, permitted 4. The Commissioner of Environmental Protection may, upon application by any municipality, grant an exception from any requirement of section 3 of P.L.1981, c.32 (C.40:55D95), provided that the commissioner shall determine that such exception will not increase flood damage or nonpoint pollution, or constitute a threat to the public safety, within or without the municipality. L.1981,c.32,s.4; amended 1991,c.194,s.2. 40:55D-97. Submission of storm water management plan, ordinances; approval 5. Every municipality shall submit a storm water management plan and implementing ordinances adopted pursuant to this act to the county planning agency or county water resources association, as appropriate. No plan or ordinances shall take effect without approval by said agency or association. Said agency or association shall approve, conditionally approve, or disapprove said plan or ordinances in regard to their compatibility with applicable municipal, county, regional or State storm water management plans. No storm water management plan or ordinances shall be approved that are contrary to recognized storm water management principles or public safety regulations adopted pursuant to section 5 of P.L.1991, c.194 (C.40:55D-95.1). The agency or association shall set forth in writing its reasons for disapproval of any plan or ordinance, or in the case of the issuance of a conditional approval, the agency or association shall specify the necessary amendments to the plan or ordinances. Any plan or ordinance approved pursuant to this section shall take effect immediately. Any plan or ordinance conditionally approved according to this section shall take effect upon the adoption by the governing body of the amendments proposed by the agency or association. Where the agency or association fails to approve, conditionally approve, or disapprove a plan or ordinance within 60 days of receipt of the plan or ordinance, the plan or ordinance shall be considered approved. L.1981,c.32,s.5; amended 1991,c.194,s.3. 40:55D-98. Grants for preparation of storm water management plans The Commissioner of Environmental Protection, subject to available appropriations and grants from other sources, is authorized to make grants to any municipality, county, county planning agency or county water resources agency or other regional agency authorized to prepare storm water management plans. Any grants to a municipality shall provide 90% of the cost of preparing storm water management plans. The commissioner shall prescribe and promulgate, pursuant to law, procedures for applying for the grant and terms and conditions for receiving the grant. L.1981, c. 32, s. 6, eff. Feb. 12, 1981. 40:55D-99. Technical assistance and planning grants for municipalities from counties and county planning agencies and water resources associations Counties, county planning agencies and county water resources associations shall be authorized to provide technical assistance and planning grants to municipalities to assist in the preparation and revision of municipal storm water management plans and implementing ordinances pursuant to section 1 of this supplementary act. L.1981, c. 32, s. 7, eff. Feb. 12, 1981.

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New Jersey Statutes Annotated Title 45, Chapter 1 Uniform Enforcement Act45:1-14. Legislative findings and declarations; liberal construction of act The Legislature finds and declares that effective implementation of consumer protection laws and the administration of laws pertaining to the professional and occupational boards located within the Division of Consumer Affairs require uniform investigative and enforcement powers and procedures and uniform standards for license revocation, suspension and other disciplinary proceedings by such boards. This act is deemed remedial, and the provisions hereof should be afforded a liberal construction. L.1978, c. 73, s. 1, eff. July 13, 1978. 45:1-15 Application of act. 2. The provisions of this act shall apply to the following boards and all professions or occupations regulated by, through or with the advice of those boards: the New Jersey State Board of Accountancy, the New Jersey State Board of Architects, the New Jersey State Board of Cosmetology and Hairstyling, the Board of Examiners of Electrical Contractors, the New Jersey State Board of Dentistry, the State Board of Mortuary Science of New Jersey, the State Board of Professional Engineers and Land Surveyors, the State Board of Marriage and Family Therapy Examiners, the State Board of Medical Examiners, the New Jersey Board of Nursing, the New Jersey State Board of Optometrists, the State Board of Examiners of Ophthalmic Dispensers and Ophthalmic Technicians, the Board of Pharmacy, the State Board of Professional Planners, the State Board of Psychological Examiners, the State Board of Examiners of Master Plumbers, the State Board of Shorthand Reporting, the State Board of Veterinary Medical Examiners, the Acupuncture Examining Board, the State Board of Chiropractic Examiners, the State Board of Respiratory Care, the State Real Estate Appraiser Board, the State Board of Social Work Examiners, the State Board of Physical Therapy Examiners, the Professional Counselor Examiners Committee, the New Jersey Cemetery Board, the Orthotics and Prosthetics Board of Examiners, the Occupational Therapy Advisory Council, the Electrologists Advisory Committee, the Alcohol and Drug Counselor Committee, the Fire Alarm, Burglar Alarm, and Locksmith Advisory Committee, the Home Inspection Advisory Committee, the Massage, Bodywork and Somatic Therapy Examining Committee, and the Audiology and Speech-Language Pathology Advisory Committee. L.1978,c.73,s.2; amended 1983, c.7, s.21; 1984, c.205, s.43; 1989, c.153, s.24; 1991, c.31, s.18; 1991, c.68, s.30; 1991, c.134, s.14; 1995, c.366, s.23; 1999, c.403, s.1; 2003, c.18, s.20. 45:1-15.1. Rules, regulations 8. Consistent with their enabling acts, P.L.1978, c.73 (C.45:1-14 et seq.) and the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), the boards and others set forth in section 2 of P.L.1978, c.73 (C.45:1-15) are authorized to adopt rules and regulations to serve the public health, safety and welfare. L.1999,c.403,s.8.

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45:1-16. Definitions As used within this act the following words or terms shall have the indicated definition unless the context clearly indicates otherwise. "Board" means any professional or occupational licensing board designated in section 2 of this act. "Director" means the Director of the Division of Consumer Affairs in the Department of Law and Public Safety. "Person" means any natural person or his legal representative, partnership, corporation, company, trust, business entity or association, and any agent, employee, salesman, partner, officer, director, member, stockholder, associate, trustee or cestuis que trust thereof. L.1978, c. 73, s. 3, eff. July 13, 1978. 45:1-17. Powers of Attorney General to implement act and administer law enforcement activities of boards In implementing the provisions of this act and administering the law enforcement activities of those professional and occupational boards located within the Division of Consumer Affairs, the Attorney General may: a. After advice to the board or boards in question of his intent to proceed under this section, and the specific action he intends to take, and the failure of such board or boards to take steps in accordance with the advice of the Attorney General within 30 days of receipt of such advice, promulgate rules and regulations consistent with the provisions of this act and the Administrative Procedure Act, P.L.1968, c. 410 (C. 52:14B-1 et seq.) governing the procedure for administrative hearings before all boards within the Division of Consumer Affairs. Such rules and regulations shall govern administrative complaints, answers thereto, issuance of subpoenas, appointment of hearing examiners, adjournments, submission of proposed findings of fact and conclusions of law, the filing of briefs, and such other procedural aspects of administrative hearings before the boards as the Attorney General may deem necessary; provided, however, nothing herein authorized shall be construed to require the Attorney General to promulgate rules regarding prehearing investigative procedures. b. After advice to the board or boards in question of his intent to proceed under this section, and the specific action he intends to take, and the failure of such board or boards to take steps in accordance with the advice of the Attorney General within 30 days of receipt of such advice, promulgate substantive rules and regulations consistent with the provisions of any statute governing the activities of any licensing agency, board or committee located within the Division of Consumer Affairs, which shall be limited to disciplinary matters and arbitrary restrictions on initial licensure. In addition to promulgating such rules and regulations, the Attorney General may direct that any proposed or existing regulation be amended, abandoned or repealed. Prior to the final adoption of any regulation affecting the activities of any professional or occupational licensing agency, board or committee located within the division and prior to the issuance of any

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directive to amend, abandon or repeal any regulation, the Attorney General or his designee shall first consult with the agency, board or committee whose activities are affected regarding the proposed action. c. After a full consideration of all relevant facts and the applicable law, may direct the initiation of any appropriate enforcement action by a professional or occupational licensing board or set aside, modify or amend, as may be necessary, any action or decision of a licensing agency, board or committee located within the Division of Consumer Affairs; provided, however, no such action shall be directed by the Attorney General in reviewing the action or decision of an agency, board or committee unless such action or decision is contrary to applicable law. L.1978, c. 73, s. 4, eff. July 13, 1978. 45:1-18 Investigative powers of boards, director or attorney general. 5. Whenever it shall appear to any board, the director or the Attorney General that a person has engaged in, or is engaging in any act or practice declared unlawful by a statute or regulation administered by such board, or when the board, the director or the Attorney General shall deem it to be in the public interest to inquire whether any such violation may exist, the board or the director through the Attorney General, or the Attorney General acting independently, may exercise any of the following investigative powers: a. Require any person to file on such form as may be prescribed, a statement or report in writing under oath, or otherwise, as to the facts and circumstances concerning the rendition of any service or conduct of any sale incidental to the discharge of any act or practice subject to an act or regulation administered by the board; b. Examine under oath any person in connection with any act or practice subject to an act or regulation administered by the board; c. Inspect any premises from which a practice or activity subject to an act or regulation administered by the board is conducted; d. Examine any goods, ware or item used in the rendition of a practice or activity subject to an act or regulation administered by the board; e. Examine any record, book, document, account or paper prepared or maintained by or for any professional or occupational licensee in the regular course of practicing such profession or engaging in such occupation or any individual engaging in practices subject to an act or regulation administered by the board. Nothing in this subsection shall require the notification or consent of the person to whom the record, book, account or paper pertains, unless otherwise required by law; f. For the purpose of preserving evidence of an unlawful act or practice, pursuant to an order of the Superior Court, impound any record, book, document, account, paper, goods, ware, or item used, prepared or maintained by or for any board licensee in the regular course of

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practicing such profession or engaging in such occupation or any individual engaging in a practice or activity subject to an act or regulation administered by the board. In such cases as may be necessary, the Superior Court may, on application of the Attorney General, issue an order sealing items or material subject to this subsection; and g. Require any board licensee, permit holder or registered or certified person to submit to an assessment of skills to determine whether the board licensee, permit holder or registered or certified person can continue to practice with reasonable skill and safety. In order to accomplish the objectives of this act or any act or regulation administered by a board, the Attorney General may hold such investigative hearings as may be necessary and the board, director or Attorney General may issue subpoenas to compel the attendance of any person or the production of books, records or papers at any such hearing or inquiry. L.1978,c.73,s.5; amended 2001, c.307, s.1. 45:1-19. Failure or refusal to file statement or report, refuse access to premises or failure to obey subpoena; penalty If any person shall fail or refuse to file any statement or report or refuse access to premises from which a licensed profession or occupation is conducted in any lawfully conducted investigative matter or fail to obey a subpoena issued pursuant to this act, the Attorney General may apply to the Superior Court and obtain an order: a. Adjudging such person in contempt of court; or b. Granting such other relief as may be required; or c. Suspending the license of any such person unless and until compliance with the subpoena or investigative demand is effected. L.1978, c. 73, s. 6, eff. July 13, 1978. 45:1-20. Compelling testimony or production of book, paper or document; immunity from prosecution If any person shall refuse to testify or produce any book, paper, or other document in any proceeding under this act for the reason that the testimony or evidence, documentary or otherwise, required of him may tend to incriminate him, convict him of a crime, or subject him to a penalty or forfeiture, and shall, notwithstanding, be directed to testify or to produce such book, paper, or document by the Attorney General, he shall comply with such direction. A person who is entitled by law to, and does assert such privilege, and who complies with such direction of the Attorney General shall not thereafter be prosecuted or subjected to any penalty or forfeiture in any criminal proceeding which arises out of and relates to the subject matter of the proceeding. No person so testifying shall be exempt from prosecution or punishment for perjury or false swearing committed by him in giving such testimony or from any civil or administrative action arising from such testimony. L.1978, c. 73, s. 7, eff. July 13, 1978.

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45:1-21 Refusal to license or renew, grounds. 8. A board may refuse to admit a person to an examination or may refuse to issue or may suspend or revoke any certificate, registration or license issued by the board upon proof that the applicant or holder of such certificate, registration or license: a. Has obtained a certificate, registration, license or authorization to sit for an examination, as the case may be, through fraud, deception, or misrepresentation; b. Has engaged in the use or employment of dishonesty, fraud, deception, misrepresentation, false promise or false pretense; c. Has engaged in gross negligence, gross malpractice or gross incompetence which damaged or endangered the life, health, welfare, safety or property of any person; d. e. board; Has engaged in repeated acts of negligence, malpractice or incompetence; Has engaged in professional or occupational misconduct as may be determined by the

f. Has been convicted of, or engaged in acts constituting, any crime or offense involving moral turpitude or relating adversely to the activity regulated by the board. For the purpose of this subsection a judgment of conviction or a plea of guilty, non vult, nolo contendere or any other such disposition of alleged criminal activity shall be deemed a conviction; g. Has had his authority to engage in the activity regulated by the board revoked or suspended by any other state, agency or authority for reasons consistent with this section; h. Has violated or failed to comply with the provisions of any act or regulation administered by the board; i. Is incapable, for medical or any other good cause, of discharging the functions of a licensee in a manner consistent with the public's health, safety and welfare; j. Has repeatedly failed to submit completed applications, or parts of, or documentation submitted in conjunction with, such applications, required to be filed with the Department of Environmental Protection; k. Has violated any provision of P.L.1983, c.320 (C.17:33A-1 et seq.) or any insurance fraud prevention law or act of another jurisdiction or has been adjudicated, in civil or administrative proceedings, of a violation of P.L.1983, c.320 (C.17:33A-1 et seq.) or has been subject to a final order, entered in civil or administrative proceedings, that imposed civil penalties under that act against the applicant or holder; l. Is presently engaged in drug or alcohol use that is likely to impair the ability to practice the profession or occupation with reasonable skill and safety. For purposes of this subsection, the term "presently" means at this time or any time within the previous 365 days;

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m. Has prescribed or dispensed controlled dangerous substances indiscriminately or without good cause, or where the applicant or holder knew or should have known that the substances were to be used for unauthorized consumption or distribution; n. Has permitted an unlicensed person or entity to perform an act for which a license or certificate of registration or certification is required by the board, or aided and abetted an unlicensed person or entity in performing such an act; o. Advertised fraudulently in any manner.

The division is authorized, for purposes of facilitating determinations concerning licensure eligibility, to require the fingerprinting of each applicant in accordance with applicable State and federal laws, rules and regulations. Each applicant shall submit the applicant's name, address, and written consent to the director for a criminal history record background check to be performed. The division is authorized to receive criminal history record information from the State Bureau of Identification in the Division of State Police and the Federal Bureau of Investigation. Upon receipt of such notification, the division shall forward the information to the appropriate board which shall make a determination regarding the issuance of licensure. The applicant shall bear the cost for the criminal history record background check, including all costs of administering and processing the check, unless otherwise provided for by an individual enabling act. The Division of State Police shall promptly notify the division in the event an applicant or licensee, who was the subject of a criminal history record background check pursuant to this section, is convicted of a crime or offense in this State after the date the background check was performed. For purposes of this act: "Completed application" means the submission of all of the information designated on the checklist, adopted pursuant to section 1 of P.L.1991, c.421 (C.13:1D-101), for the class or category of permit for which application is made. "Permit" has the same meaning as defined in section 1 of P.L.1991, c.421 (C.13:1D-101). L.1978,c.73,s.8; amended 1991, c.420, s.1; 1997, c.151, s.10; 1999, c.403, s.2; 2003, c.199, s.31. 45:1-21.1. Information on DEP application compliance, seminar attendance 2. a. A board obtaining information from the Department of Environmental Protection pursuant to section 1 of P.L.1991, c.418 (C.13:1D-110) on the compliance of a member of a regulated profession with the requirements for completed applications of the department, shall annually develop a detailed written summary of the information gathered by the department pursuant to P.L.1991, c.418 (C.13:1D-110) regarding compliance with the department's requirements for completed applications and attendance records for continuing education seminars required to be filed with the department pursuant to section 2 of P.L.1991, c.419 (C.13:1D-117).

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b. Any reasonable costs incurred in preparation of the report required pursuant to this section may be included in the charges authorized pursuant to P.L.1974, c.46 (C.45:1-3.2). c. Information required to be compiled by a board pursuant to this section, shall be deemed to be public records subject to the requirements of P.L.1963, c.73 (C.47:1A-1 et seq.). L.1991,c.420,s.2. 45:1-21.2 Suspension of certain licenses, registrations, certifications for failure to repay student loans. 1. The director or a board shall suspend, as appropriate, after a hearing, the license, registration or certification of any person who has been certified by a lender or guarantor and reported to the director or the board, as the case may be, for nonpayment or default of a State or federal direct or guaranteed educational loan. The license, registration or certification shall not be reissued until the person provides the director or board with a written release issued by the lender or guarantor stating that the person has cured the default or is making payments on the loan in accordance with a repayment agreement approved by the lender or guarantor. If the person has continued to meet all other requirements for licensure, registration or certification during the suspension, reinstatement shall be automatic upon receipt of the notice and payment of any reinstatement fee the director or the board may impose. L.1999,c.54,s.1. 45:1-21.3 Violation of the responsibility to make 911 call, forfeiture of license, authorization to practice. 6. A health care professional licensed or otherwise authorized to practice as a health care professional pursuant to Title 45 of the Revised Statutes who violates the provisions of section 3 of P.L.2003, c.191 (C.30:6D-5.3) shall, in addition to being liable to a civil penalty pursuant to section 4 of P.L.2003, c.191 (C.30:6D-5.4), be subject to revocation of that individual's professional license or other authorization to practice as a health care professional by the appropriate licensing board in the Division of Consumer Affairs in the Department of Law and Public Safety, after appropriate notice and opportunity for a hearing. L.2003,c.191,s.6. 45:1-22 Additional, alternative penalties. 9. In addition or as an alternative, as the case may be, to revoking, suspending or refusing to renew any license, registration or certificate issued by it, a board may, after affording an opportunity to be heard: a. Issue a letter of warning, reprimand, or censure with regard to any act, conduct or practice which in the judgment of the board upon consideration of all relevant facts and circumstances does not warrant the initiation of formal action; b. Assess civil penalties in accordance with this act;

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c. Order that any person violating any provision of an act or regulation administered by such board to cease and desist from future violations thereof or to take such affirmative corrective action as may be necessary with regard to any act or practice found unlawful by the board; d. Order any person found to have violated any provision of an act or regulation administered by such board to restore to any person aggrieved by an unlawful act or practice, any moneys or property, real or personal, acquired by means of such act or practice; provided, however, no board shall order restoration in a dollar amount greater than those moneys received by a licensee or his agent or any other person violating the act or regulation administered by the board; e. Order any person, as a condition for continued, reinstated or renewed licensure, to secure medical or such other professional treatment as may be necessary to properly discharge licensee functions; f. Order any person, as a condition for continued, reinstated or renewed licensure, to submit to any medical or diagnostic testing and monitoring or psychological evaluation which may be required to evaluate whether continued practice may jeopardize the safety and welfare of the public; g. Order any person, as a condition for continued, reinstated or renewed licensure, to submit to an assessment of skills to determine whether the licensee can continue to practice with reasonable skill and safety, and to take and successfully complete educational training determined by the board to be necessary; h. Order any person, as a condition for continued, reinstated or renewed licensure, to submit to an assessment of skills to determine whether the licensee can continue to practice with reasonable skill and safety, and to submit to any supervision, monitoring or limitation on practice determined by the board to be necessary. A board may, upon a duly verified application of the Attorney General that either provides proof of a conviction of a court of competent jurisdiction for a crime or offense involving moral turpitude or relating adversely to the regulated profession or occupation, or alleges an act or practice violating any provision of an act or regulation administered by such board, enter a temporary order suspending or limiting any license issued by the board pending plenary hearing on an administrative complaint; provided, however, no such temporary order shall be entered unless the application made to the board palpably demonstrates a clear and imminent danger to the public health, safety and welfare and notice of such application is given to the licensee affected by such order. If, upon review of the Attorney General's application, the board determines that, although no palpable demonstration of a clear and imminent danger has been made, the licensee's continued unrestricted practice pending plenary hearing may pose a risk to the public health, safety and welfare, the board may order the licensee to submit to medical or diagnostic testing and monitoring, or psychological evaluation, or an assessment of skills to determine whether the licensee can continue to practice with reasonable skill and safety.

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In any administrative proceeding commenced on a complaint alleging a violation of an act or regulation administered by a board, such board may issue subpoenas to compel the attendance of witnesses or the production of books, records, or documents at the hearing on the complaint. L.1978,c.73,s.9; amended 1999, c.403, s.3; 2001, c.307, s.2. 45:1-23. Summary proceeding in Superior Court; injunction; orders necessary to prevent unlawful practice or remedy past unlawful activity Whenever it shall appear to a board, the director or the Attorney General that a violation of any act, including the unlicensed practice of the regulated profession or occupation, or regulation administered by such board has occurred, is occurring, or will occur, the Attorney General, in addition to any other proceeding authorized by law, may seek and obtain in a summary proceeding in the Superior Court an injunction prohibiting such act or practice. In any such proceeding the court may assess a civil penalty in accordance with the provisions of this act, order restoration to any person in interest of any moneys or property, real or personal, acquired by means of an unlawful act or practice and may enter such orders as may be necessary to prevent the performance of an unlawful practice in the future and to fully remedy any past unlawful activity. In any action brought pursuant to this section, the court shall not suspend or revoke any license issued by a board. L.1978, c. 73, s. 10, eff. July 13, 1978. 45:1-24. Failure to pay penalties; enforcement 11. Upon the failure of any person to comply within 10 days after service of any order of a board directing payment of penalties or restoration of moneys or property, the Attorney General or the secretary of such board may issue a certificate to the Clerk of the Superior Court that such person is indebted to the State for the payment of such penalty and the moneys or property ordered restored. A copy of such certificate shall be served upon the person against whom the order was entered. Thereupon the clerk shall immediately enter upon his record of docketed judgments the name of the person so indebted and of the State, a designation of the statute under which the penalty is imposed, the amount of the penalty imposed, and amount of moneys ordered restored, a listing of property ordered restored, and the date of the certification. Such entry shall have the same force and effect as the entry of a docketed judgment in the Superior Court, and the Attorney General shall have all rights and remedies of a judgment creditor in addition to exercising any other available remedies. Such entry, however, shall be without prejudice to the right of appeal to the Appellate Division of the Superior Court from the board's order. An action to enforce the provisions of any order entered by a board or to collect any penalty levied thereby may be brought in any municipal court or the Superior Court in summary manner pursuant to "the penalty enforcement law" (N.J.S.2A:58-1 et seq.) and the rules of court governing the collection of civil penalties. Process in such action shall be by summons or warrant, and in the event that the defendant fails to answer such action, the court shall issue a warrant for the defendant's arrest for the purpose of bringing such person before the court to satisfy any order entered. L.1978,c.73,s.11; amended 1991,c.91,s.448.

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45:1-25 Violations, penalties. 12. a. Any person who engages in any conduct in violation of any provision of an act or regulation administered by a board shall, in addition to any other sanctions provided herein, be liable to a civil penalty of not more than $10,000 for the first violation and not more than $20,000 for the second and each subsequent violation. For the purpose of construing this section, each act in violation of any provision of an act or regulation administered by a board shall constitute a separate violation and shall be deemed a second or subsequent violation under the following circumstances: (1) an administrative or court order has been entered in a prior, separate and independent proceeding; (2) the person is found within a single proceeding to have committed more than one violation of any provision of an act or regulation administered by a board; or (3) the person is found within a single proceeding to have committed separate violations of any provision of more than one act or regulation administered by a board. b. In lieu of an administrative proceeding or an action in the Superior Court, the Attorney General may bring an action in the name of any board for the collection or enforcement of civil penalties for the violation of any provision of an act or regulation administered by such board. Such action may be brought in summary manner pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.) and the rules of court governing actions for the collection of civil penalties in the municipal court where the offense occurred. Process in such action may be by summons or warrant and in the event that the defendant in such action fails to answer such action, the court shall, upon finding an unlawful act or practice to have been committed by the defendant, issue a warrant for the defendant's arrest in order to bring such person before the court to satisfy the civil penalties imposed. In any action commenced pursuant to this section, the court may order restored to any person in interest any moneys or property acquired by means of an unlawful act or practice. c. Any action alleging the unlicensed practice of a profession or occupation shall be brought pursuant to this section or, where injunctive relief is sought, by an action commenced in the Superior Court. d. In any action brought pursuant to this act, a board or the court may order the payment of costs for the use of the State, including, but not limited to, costs of investigation, expert witness fees and costs, attorney fees and costs, and transcript costs. L.1978,c.73,s.12; amended 1991, c.91, s.449; 1999, c.403, s.9; 2001, c.307, s.3. 45:1-26. Repeal of inconsistent acts and parts of acts All acts and parts of acts inconsistent with this act are hereby superseded and repealed. L.1978, c. 73, s. 13, eff. July 13, 1978.

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45:1-27. Severability If any provision of this law or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of the law which can be given effect without the invalid provision or application, and to this end the provisions of this law are severable. L.1978, c. 73, s. 14, eff. July 13, 1978.

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New Jersey Statutes Annotated Title 45, Chapter 4B Building Design Services Act45:4B-1. Short title This act shall be known and may be cited as the "Building Design Services Act." L.1989, c.277, s.1. 45:4B-2. Findings, declarations The Legislature finds and declares that there is an area of concurrent practice between the practice of architecture and the practice of engineering, specifically in the area of building design. In order to eliminate uncertainty and provide for the resolution of future disputes in the area of concurrence, the Legislature declares that it is in the public interest to create a Joint Committee of Architects and Engineers to receive referrals from the New Jersey State Board of Architects and the State Board of Professional Engineers and Land Surveyors; conduct investigations to determine violations of this act; conduct, at its discretion, hearings; communicate its findings in writing; and issue declaratory rulings on the use group classifications contained in section 7 of this act. Nothing herein, except as provided in section 5 of this act, shall be deemed to preempt the ultimate decision making authority of the boards. It is also the Legislature's intent to provide for contracting between architects and engineers without compromising the integrity of either profession. This act is declared remedial except that the powers and duties of the committee shall be limited to those contained in section 5 of this act. L.1989, c.277, s.2. 45:4B-3 Definitions. 3. For the purposes of this act: a. "Architectural project" means any building or structure the plans for which may be prepared, designed, signed, and sealed by a licensed architect pursuant to section 7 of this act. b. "Boards" means the New Jersey State Board of Architects and the State Board of Professional Engineers and Land Surveyors. c. "Closely allied professional" means and is limited to licensed architects, professional engineers, land surveyors, professional planners, and certified landscape architects. d. "Engineering project" means a building or structure the plans for which may be prepared, designed, signed, and sealed by a professional engineer pursuant to section 7 of this act.

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e. "Engineering systems" means those systems necessary for the proper function of a building and surrounding site, the proper design of which requires engineering knowledge acquired through engineering or architectural training and experience. These systems include but are not limited to structural, electrical, heating, lighting, acoustical, ventilation, air conditioning, grading, plumbing and drainage. Drainage facilities for sites of 10 acres or more or involving storm water detention facilities or traversed by a water course shall only be designed by a professional engineer. f. "Joint committee" means the Joint Committee of Architects and Engineers created pursuant to section 4 of this act. g. "Owner" means any person, agent, firm, partnership or corporation having a legal or equitable interest in the property or any agent acting on behalf of such individuals or entities. h. "Practice of architecture" or "architectural services" means the rendering of services in connection with the design, construction, enlargement, or alteration of a building or a group of buildings and the space within or surrounding those buildings, which have as their principal purpose human use or habitation. These services include site planning, providing preliminary studies, architectural designs, drawings, specifications, other technical documentation, and administration of construction for the purpose of determining compliance with drawings and specifications. i. "Practice of engineering" or "engineering services" means any service or creative work the adequate performance of which requires engineering education, training, and experience and the application of special knowledge of the mathematical, physical and engineering sciences to such services or creative work as consultation, investigation, evaluation, planning and design of engineering works and systems, planning the use of land and water, engineering studies, and the administration of construction for the purpose of determining compliance with drawings and specifications; any of which embraces such services or work, either public or private, in connection with any engineering project including: utilities, structures, buildings, machines, equipment, processes, work systems, projects, telecommunications, and industrial or consumer products or equipment of a mechanical, electrical, hydraulic, pneumatic or thermal nature, insofar as they involve safeguarding life, health or property, and including such other professional services as may be necessary to the planning, progress and completion of any engineering services. The design of buildings by professional engineers shall be consistent with section 7 of this act. The practice of professional engineering shall not include the work ordinarily performed by persons who operate or maintain machinery or equipment. j. "Responsible charge" means the rendering of regular and effective supervision by a competent licensed architect or professional engineer as appropriate to those individuals performing services which directly and materially affect the quality and competence of professional work rendered by the licensee. A licensee engaged in any of the following acts or practices shall be deemed not to have rendered regular and effective supervision: (1) The regular and continuous absence from principal office premises from which professional services are rendered, except for the performance of field work or presence in a field

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office maintained exclusively for a specific project; (2) The failure to personally inspect or review the work of subordinates where necessary and appropriate; (3) The rendering of a limited, cursory or perfunctory review of plans for a building or structure in lieu of an appropriate detailed review; and (4) The failure to personally be available on a reasonable basis or with adequate advanced notice for consultation and inspection where circumstances require availability. L.1989,c.277,s.3; amended 2001, c.378, s.2. 45:4B-4 Joint Committee of Architects and Engineers. 4. There is created in the Division of Consumer Affairs in the Department of Law and Public Safety a Joint Committee of Architects and Engineers which shall consist of five members, two of whom shall be licensed architect members of the New Jersey State Board of Architects, two of whom shall be professional engineer members of the State Board of Professional Engineers and Land Surveyors and one of whom shall be appointed by the Governor. The professional members shall be appointed by their respective board presidents with the advice and consent of a majority of their respective boards. They shall serve at the discretion of their respective boards during their terms of office. The gubernatorial appointment shall be a resident of this State with experience as an arbitrator and shall not be a licensed architect, professional engineer, or a closely allied professional. The gubernatorial appointment shall serve from the date of appointment for a term of five years and shall not serve for more than two consecutive terms. The gubernatorial appointment may be removed for cause by the Governor. An alternate member shall be chosen from each board in the same manner as the professional members. An alternate member may represent the appointing board when a professional member is absent from a joint committee meeting. While acting in this capacity the alternate member shall enjoy all the rights and privileges of a voting professional member. The gubernatorial appointment with an equal number of architect and engineer professional members present shall constitute a quorum. No joint committee business shall be conducted without a quorum. The joint committee shall meet at least six times a year, except that it shall meet no less than once every two months. The joint committee members shall be entitled to receive per diem fees and expenses equivalent to fees paid to members of the professional and occupational licensing boards pursuant to section 2 of P.L.1977, c.285 (C.45:1-2.5).

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The cost of operation of the joint committee shall be borne equally by the boards which shall adopt such fees by regulation as are necessary to fund such operation. L.1989,c.277,s.4; amended 2001, c.378, s.3. 45:4B-5. Powers, duties of joint committee The joint committee shall have the following powers and duties: a. To investigate, within a reasonable period of time, any alleged violation of this act referred by the boards. b. To conduct, at its discretion, investigative hearings on any alleged violation of this act referred by the boards. c. To notify the boards, in writing, if in a particular matter, it finds that no violation of this act has occurred. In the event such a finding is made, no further action shall be taken with respect to that particular matter by either board or the joint committee. d. To notify the boards, in writing, if in a particular matter, it finds that a violation of this act has occurred. In the event of such a finding the board possessing authority to discipline the licensee or other regulated entity found to have violated this act shall either initiate disciplinary action, or where in its determination the basis for the joint committee's finding is insufficient, refer the matter back to the joint committee for further investigation and evaluation. e. To determine, by regulation, the assignment of use group classification established pursuant to section 7 of this act for any building or structure not contemplated within the use groups or whose classification is not reasonably ascertainable. f. To issue declaratory rulings with regard to determining a building or structure's primary use group classification for the purpose of determining if such building or structure is an architectural or engineering project, or both. Requests for declaratory rulings shall be submitted to the joint committee by either of the boards. The joint committee may issue a declaratory ruling which shall bind the boards and all parties to the proceeding on the state of the facts alleged. That ruling shall be deemed a final decision or action subject to review in the Appellate Division of the Superior Court. g. To promulgate rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) to carry out the purposes of this act. L.1989, c.277, s.5.

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45:4B-6. Referral of complaint, question, controversy to joint committee Any complaint, question, or controversy involving the application of this act may be referred to the joint committee for evaluation and such action as may be authorized herein. The boards shall provide any and all documents in their possession regarding any matter referred to the joint committee and shall, where necessary and appropriate, exercise the investigation or enforcement power conferred by law in order to aid and assist the joint committee in its functions. No joint committee member shall be disqualified from any board deliberation or action solely by reason of that member's having participated in joint committee activity. L.1989, c.277, s.6. 45:4B-7. Classification of buildings, structures a. For the purposes of this act, buildings and structures are classified by their use into use groups as determined by the BOCA National Building Code. The following chart based on the BOCA National Building Code/1987, tenth edition, designates projects by use groups and sets forth those which may be designed, prepared, signed, and sealed by licensed architects and professional engineers, or both, as indicated. In the event that the BOCA National Building Code's provisions are altered in subsequent editions nothing herein contained shall be deemed to be altered. BUILDING DESIGN CATEGORIESBOCA Use Group Classification A-Assembly B-Business E-Educational F-Factory and Industrial H-High Hazard I-Institutional M-Mercantile R-Residential S-Storage U-Utility Architects May Design All All All All All All All All All All Engineers May Design A-5 Outdoor Assembly use or as an incidental use. None other than Note 1 or as an incidental use. None except for an incidental use. All All None except for an incidental use. None except for an incidental use. None except for an incidental use. All All Except an Engineering Work

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Note 1. Professional engineers may design the following projects within the B Use group: (a) Car wash facilities; (b) Materials testing laboratories; and, (c) Telephone exchanges and data processing relay or equipment facilities. b. An engineering work such as a sewage or water treatment plant, power plant, or transportation system, shall be prepared, designed, signed, and sealed by a professional engineer only. c. Professional engineers may prepare, design, sign and seal buildings or portions of buildings in a non-permitted use group classification only as an incidental use. A portion of a building shall be deemed to be an incidental use where the portion is an ancillary part of an engineering project and the building or portion is of a building design category prohibited to engineers. The area of the incidental use shall not constitute more than 10% of the building's total floor area or 2000 square feet whichever is greater. In the design of traditional engineering works projects such as sewage or water treatment plants, power plants or transportation systems, the area of the incidental use shall not constitute more than 10% of the total square footage of all structures in the project, or 2000 square feet, whichever is greater. Where public access is a primary consideration in buildings such as transportation terminals, railroad stations, or administration buildings, those buildings shall be designed by architects only. L.1989, c.277, s.7. 45:4B-8. Licensed architect; contracts for services; conditions A sole proprietor or business association, which may by law render or offer to render engineering services shall enter into a contract with an owner to provide architectural and engineering services under the following conditions: a. The contract with the owner is in writing and provides for a coordinated rendering of architectural and engineering services. b. Architectural services shall be provided pursuant to a separate, written, independent subcontract which clearly delineates the responsibility of the licensed architect or business association and the contracting entity. c. Any subcontract for the providing of architectural services pursuant to this act shall provide that: (1) The licensed architect or business association shall render such services as an independent professional and not as an employee of a sole proprietor or business association which may by

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law provide or offer to provide engineering services. (2) The licensed architect shall exercise independent professional judgment consistent with accepted standards of the practice of architecture with regard to the project as its circumstances may dictate. d. A professional engineer may design any engineering additions to an architectural project. e. Corporations subject to the requirements of subsection a. of section 7 of P.L.1989, c.276 (C.45:8-56) shall, in addition to the requirements provided therein, be subject to the following: (1) At least two thirds of the directors shall be professional engineers; and (2) A minimum of 20% of the shares shall be owned by professional engineers. L.1989, c.277, s.8. 45:4B-9. Professional engineer; contracts for services; conditions A sole proprietor or business association, which may by law render or offer to render architectural services, shall enter into a contract with an owner to provide architectural and engineering services under the following conditions: a. The contract with the owner is in writing and provides for a coordinated rendering of architectural and engineering services. b. Engineering services shall be provided pursuant to a separate, written, independent subcontract which clearly delineates the responsibility of the professional engineer or business association and the contracting entity. c. Any subcontract for the providing of engineering services pursuant to this act shall provide that: (1) The professional engineer or business association shall render services contracted for as an independent professional and not as an employee of a sole proprietor or business association which may by law provide or offer to provide architectural services. (2) The professional engineer shall exercise independent professional judgment consistent with accepted standards of the practice of engineering with regard to the project as its circumstances may dictate. d. A licensed architect may design any architectural additions to an engineering work. L.1989, c.277, s.9.

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45:4B-10. Architect to design engineering systems; conditions A licensed architect shall provide the design of engineering systems in connection with an architectural project under either of the following conditions: a. The engineering systems are designed within the architect's office and the work is done under the responsible charge of a licensed architect or a professional engineer. Where such work is done under the responsible charge of a licensed architect, the architect shall sign and seal all plans and specifications. If the architect designates a professional engineer to be in responsible charge of all or a portion of the design of the engineering systems, the professional engineer shall sign and seal all such engineering designs; or b. All or a portion of the engineering systems are designed outside the architect's office under a subcontract with a professional engineer who is in responsible charge of the work. The contract shall be in writing and provide that the professional engineer shall exercise independent professional judgment consistent with accepted standards of engineering with regard to the project as its circumstances may dictate. This work product shall be submitted by said engineer: (1) On drawings with the engineer's title block, properly signed and sealed; (2) In report or specification form, appropriately identified, signed, and sealed; (3) In letter form properly signed; (4) In any other form as is consistent with the assignment. L.1989, c.277, s.10. 45:4B-11. Licensee to maintain records A licensee shall maintain such records as are reasonably necessary to establish that the licensee exercised regular and effective supervision of any professional services of which he or she was in responsible charge. L.1989, c.277, s.11. 45:4B-12. Engineers may perform building design services, not architectural services Notwithstanding the provisions of this act, an individual or business association, which may by law practice engineering, but not architecture, shall not use the title architect or advertise or use any title, sign, card or device to indicate that that sole proprietor or business association may perform architectural services. A sole proprietor or business association in advertising or offering to perform services pursuant to section 7 or 8 of this act, shall designate or describe those services as "building design services" or the substantial equivalent but shall not utilize the term "architectural services" or its substantial equivalent. L.1989, c.277, s.12.

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45:4B-13. Architects may perform works facilities design, not engineering services Notwithstanding the provisions of this act, a sole proprietor or business association, which may by law practice architecture, but not engineering, shall not use the title engineer or advertise or use any title, sign, card or device to indicate that that sole proprietor or business association may perform engineering services. That sole proprietor or business association in advertising or offering to perform services pursuant to section 7 or 9 of this act, shall designate or describe such services as "works facilities design" or the substantial equivalent but shall not utilize the term "engineering services" or its substantial equivalent. L.1989, c.277, s.13. 45:4B-14. Violation of act deemed professional misconduct a. Consistent with section 5 of this act, any licensed architect who, or business association authorized to offer architectural services which, violates this act shall be disciplined by the New Jersey State Board of Architects. Such a violation shall be deemed professional misconduct. Any professional engineer who, or business association authorized to offer engineering services which, violates this act shall be disciplined by the State Board of Professional Engineers and Land Surveyors. Such a violation shall be deemed professional misconduct. b. Any violation of this act by an unlicensed individual or unauthorized business association shall be disciplined by the New Jersey State Board of Architects pursuant to the provisions of P.L.1978, c.73 (C.45:1-14 et seq.). Such a violation shall be deemed the unlicensed practice of architecture. However, the design of an engineering work by an unlicensed individual or unauthorized business association shall be disciplined by the State Board of Engineers and Land Surveyors pursuant to the provisions of P.L.1978, c.73 (C.45:1-14 et seq.). Such a violation shall be deemed the unlicensed practice of engineering. L.1989, c.277, s.14.

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New Jersey Statutes Annotated Title 45, Chapter 8 Professional Engineers and Land Surveyors45:8-1 to 45:8-26. Repealed by L. 1938, c.342. 45:8-27. License required; display of license; exceptions; corporations, firms, partnerships and associations In order to safeguard life, health and property, and promote the public welfare, any person practicing or offering to practice professional engineering or professional land surveying in this State shall hereafter be required to submit evidence that he is qualified so to practice and shall be licensed as hereinafter provided. After the date upon which this chapter becomes effective, it shall be unlawful for any person to practice or to offer to practice engineering or land surveying in this State, or to use the title professional engineer or land surveyor or any other title, sign, card or device in such manner as to tend to convey the impression that such person is practicing engineering or land surveying or is a professional engineer or land surveyor, unless such person is duly licensed under the provisions of this chapter. Every holder of a license shall display it in a conspicuous place in his principal office, place of business or employment. No corporation, firm, partnership or association shall be granted a license under this chapter; however, certain corporations shall be required to obtain a certificate of authorization as provided pursuant to P.L.1989, c.276 (C.45:8-56 et al.). No corporation, firm, partnership or association shall use or assume a name involving the word "engineers" or "engineering" or any modification or derivative of such terms, unless an executive officer, if a corporation, or a member, if a firm, partnership or association, shall be a licensed professional engineer of the State of New Jersey. No corporation, firm, partnership or association shall use or assume a name involving the words "surveyors," "land surveyors," "surveying," or "land surveying," or any modification or derivative of such terms, unless an executive officer, if a corporation, or a member, if a firm, partnership, or association, shall be a licensed land surveyor of the State of New Jersey. No corporation, firm, partnership or association shall practice or offer to practice engineering or land surveying in this State unless the person or persons in responsible charge of engineering or land surveying work shall be so licensed to practice in this State. The person or persons carrying on the actual practice of professional engineering or land surveying on behalf of or designated as "engineers" or "surveyors" or "professional engineers" or "land surveyors," with or without qualifying or characterizing words, by any such corporations, firms, partnerships or associations, shall be licensed to practice professional engineering or land surveying as provided in this chapter. Services constituting the practice of professional engineering shall not be rendered or offered through any business association other than a sole proprietorship of a professional engineer, a partnership of professional engineers, a partnership of closely allied professionals including at least one professional engineer, a professional service corporation established pursuant to the "Professional Service Corporation Act," P.L.1969, c.232 (C.14A:17-1 et seq.) or a corporation authorized pursuant to P.L.1989, c.276 (C.45:8-56 et al.).- 155 -

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Services constituting the practice of land surveying shall not be rendered or offered through any business association other than a sole proprietorship of a land surveyor, a partnership of land surveyors, a partnership of closely allied professionals including at least one land surveyor, a professional service corporation established pursuant to the "Professional Service Corporation Act," P.L.1969, c.232 (C.14A:17-1 et seq.) or a corporation authorized pursuant to P.L.1989, c.276 (C.45:8-56 et al.). Nothing in this act shall be construed as required licensing for the purpose of practicing professional engineering or land surveying by any person, firm, or corporation upon property owned or leased by such person, firm or corporation, unless the same involves the public safety, public health or public welfare. L.1938, c.342, s.1; amended 1947,c.60,s.1; 1950,c.149,s.1; 1970,c.177,s.1; 1989,c.276,s.1. 45:8-28. Definitions 2. (a) The term "professional engineer" within the meaning and intent of this chapter shall mean a person who by reason of his special knowledge of the mathematical and physical sciences and the principles and methods of engineering analysis and design, acquired by professional education and practical experience, is qualified to practice engineering as hereinafter defined as attested by his license as a professional engineer. (b) The terms "practice of engineering" or "professional engineering" within the meaning and intent of this chapter shall mean any service or creative work the adequate performance of which requires engineering education, training, and experience and the application of special knowledge of the mathematical, physical and engineering sciences to such services or creative work as consultation, investigation, evaluation, planning and design of engineering works and systems, planning the use of land and water, engineering studies, and the administration of construction for the purpose of determining compliance with drawings and specifications; any of which embraces such services or work, either public or private, in connection with any engineering project including: utilities, structures, buildings, machines, equipment, processes, work systems, projects, telecommunications, or equipment of a mechanical, electrical, hydraulic, pneumatic or thermal nature, insofar as they involve safeguarding life, health or property, and including such other professional services as may be necessary to the planning, progress and completion of any engineering services. The design of buildings by professional engineers shall be consistent with section 7 of the "Building Design Services Act," P.L.1989, c.277 (C.45:4B7). The practice of professional engineering shall not include the work ordinarily performed by persons who operate or maintain machinery or equipment. The provisions of this chapter shall not be construed to prevent or affect the employment of architects in connection with engineering projects within the scope of the act to regulate the practice of architecture and all the amendments and supplements thereto. A person shall be construed to practice or offer to practice engineering, within the meaning and intent of this chapter, who practices any branch of the profession of engineering; or who, by verbal claim, sign, advertisement, letterhead, card, or in any other way represents himself to be a professional engineer, or through the use of some other title utilizing or including the word

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engineer, implies that he is a professional engineer; or who represents himself as able to perform, or who does perform any engineering service or work or any other professional service recognized by the board as professional engineering. Nothing herein shall prohibit licensed architects from providing or offering services consistent with the "Building Design Services Act," P.L.1989, c.277 (C.45:4B-1 et seq.). (c) The term "engineer-in-training" as used in this chapter shall mean a person who is a potential candidate for license as a professional engineer who is a graduate in an approved engineering curriculum of four years or more from a school or college accredited by the board as of satisfactory standing, and who, in addition, has successfully passed an examination in the fundamental engineering subjects, as defined elsewhere herein. (d) The term "land surveyor" as used in this chapter shall mean a person who is a professional specialist in the technique of measuring land, educated in the principles of mathematics, the related physical and applied sciences, and the relevant requirements of law, all requisite to the practice of land surveying as attested by his license as a land surveyor. (e) The term "practice of land surveying" within the meaning and intent of this chapter shall mean any service or work the adequate performance of which involves the application of special knowledge of the principles of mathematics, the related physical and applied sciences and the relevant requirements of law to the act of measuring and locating distances, directions, elevations, natural and man-made topographical features in the air, on the surface of the earth, within underground workings, and on beds of bodies of water for the purpose of determining areas and volumes, and for the establishing of horizontal and vertical control as it relates to construction stake-out, for the monumentation of property boundaries and for the platting and layout of lands and subdivisions thereof and for the preparation and perpetuation of maps, record plats, field notes, records and property descriptions in manual and computer coded form that represent these surveys. The practice of land surveying shall include the establishment and maintenance of the base mapping and related control for land information systems that are developed from the above referenced definition of the practice of land surveying. For purposes of this subsection, "land information systems" means any computer coded spatial database designed for multi-purpose public use developed from or based on property boundaries. A person who engages in the practice of land surveying; or who, by verbal claim, sign, advertisement, letterhead, card or in any other way represents himself to be a land surveyor or professional surveyor; or who represents himself as able to perform any land surveying service or work or any service which is recognized as within the practice of land surveying shall be deemed to practice or offer to practice land surveying. Nothing in this chapter shall preclude a person licensed by the board as a professional engineer from performing those measurements necessary for the design, construction stake-out, construction and post-construction records of an engineering project, provided that these measurements are not related to property lines, lot lines, easement lines, or right-of-way lines, the establishment of which are required to be made by a land surveyor.

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(f) The term "board" as used in this chapter shall mean the State Board of Professional Engineers and Land Surveyors. (g) The term "responsible charge" as used in this chapter shall mean the rendering of regular and effective supervision by a competent professional engineer or land surveyor to those individuals performing services which directly and materially affect the quality and competence of the professional services rendered by the licensee. A licensee engaged in any of the following acts or practices shall be deemed not to have rendered regular and effective supervision: (1) The regular and continuous absence from principal office premises from which professional services are rendered, except for performance of field work or presence in a field office maintained exclusively for a specific project; (2) The failure to personally inspect or review the work of subordinates where necessary and appropriate; (3) The rendering of a limited, cursory or perfunctory review of plans or projects in lieu of an appropriate detailed review; (4) The failure to personally be available on a reasonable basis or with adequate advance notice for consultation and inspection where circumstances require personal availability. (h) The term "certificate of authorization" shall mean a certificate issued by the board pursuant to this amendatory and supplementary act. (i) The term "joint committee" shall mean the Joint Committee of Architects and Engineers established pursuant to the "Building Design Services Act," P.L.1989, c.277 (C.45:4B-1 et seq.). (j) The term "closely allied professional" as used in this chapter shall mean and is limited to licensed architects, professional engineers, land surveyors, and professional planners. (k) The term "telecommunications" as used in this chapter, shall mean, as it is applied to the practice of engineering, subjects which deal with the generation, transmission, receiving, and processing of information bearing signals for the purpose of fulfilling a particular communication need. The most common forms of signals are those encountered in voice, image and data transmission. Subjects relevant to telecommunications include but are not limited to: analog and digital circuits, propagation of electromagnetic energy through guided media such as a transmission line, fibers, wave guides, and unguided media such as free space as in broadcast and mobile communication systems, communication theory, including modulation, noise interference, and the interface with computers. (l) The term "surveyor-in-training" as used in this chapter shall mean a person who is a potential candidate for licensure as a land surveyor, who is a graduate in an approved surveying curriculum of four years or more from a school or college accredited by the board as of satisfactory standing, and who, in addition, has successfully passed an examination in the fundamental surveying subjects, approved by the board pursuant to section 9 of P.L. 1938, c.342 (C.45:8-35).L.1938,c.342,s.2; amended 1950,c.149,s.2; 1970,c.177,s.2; 1977,c.340,s.1; 1989,c.276,s.2; 1992,c.64,s.1.

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45:8-29. Examining board To carry out the provisions of this chapter, there is hereby created an examining board for the licensing of professional engineers and land surveyors, and the certification of engineers-intraining, which board shall consist of ten members, two of whom shall be public members and one of whom shall be a State executive department member appointed pursuant to the provisions of P.L. 1971, c. 60 (C. 45:1-2.1 et seq.). Each of the remaining seven members shall be appointed by the Governor of the State of New Jersey, with the advice and consent of the Senate, within sixty days after the passage of this chapter, or as soon as practicable thereafter. The members of said board shall be appointed to serve for a term of five years, one of which shall expire each calendar year. The two members added by this 1985 amendatory act shall be appointed as soon as practicable by the Governor, with the advice and consent of the Senate, one for a term to end April 30 of the third year after appointment and one for a term to end April 30 of the fourth year after appointment. Thereafter, each member shall hold office after the expiration of his term until his successor shall be duly appointed and qualified. A member of the board shall not be eligible to succeed himself more than once, except that the present members of the board shall be eligible to succeed themselves once hereafter. The terms of office of the members of said board shall commence on the first day of May. Vacancies in the membership of the board, however created, shall be filled by appointment of the Governor, with the advice and consent of the Senate, for any unexpired term, and for each five-year term. Notwithstanding anything herein contained, the present members of the State board shall continue in office as members of said board until their present respective terms expire, except as provided elsewhere herein for removal. To supervise all necessary administrative work of the board, there is hereby created the position of secretary-director to the board. The board shall appoint such a secretary-director, to serve for a term of five years, at a salary determined by the board. Duties of the secretarydirector of the board shall be those defined by the board. The secretary-director of the board shall not be a member of the board. The board may provide for the creation of additional positions, as deemed necessary to make effective the provisions of this act. The board shall arrange through lease or otherwise to maintain suitable offices within the State of New Jersey for the conduct of the business of the board. L. 1938, c. 342, p. 854, s. 3. Amended by L. 1939, c. 339, p. 820, s. 1; L. 1950, c. 149, p. 313, s. 3; L. 1985, c. 146, s. 1, eff. April 24, 1985. 45:8-30. Board of Professional Engineers, Land Surveyors Said board, when so appointed, shall be designated and known as the "State Board of Professional Engineers and Land Surveyors." All persons appointed to the said board shall be citizens of the United States and residents of the State of New Jersey. Appointees, other than the two public members and the State executive department member appointed pursuant to the provisions of P.L. 1971, c. 60 (C. 45:1-2.1 et seq.) and the two appointees added pursuant to this 1985 amendatory act, shall have been licensed as

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professional engineers in New Jersey for a period of at least five years, at least one member of whom shall also be a licensed land surveyor and the two appointees added pursuant to this 1985 amendatory act and their successors shall have been licensed as professional land surveyors in this State for a period of at least five years. The Governor may remove any member of the board after hearing, for misconduct, incompetency, neglect of duty or for any other sufficient cause. Each member of the board shall receive $50.00 for each day of actual service in attending meetings of the board at which business is transacted, and not to exceed $1,000.00 a year for each member and, in addition, shall be reimbursed for all necessary expenses, incidental to their duties as members of said board, incurred in carrying out the provisions of this chapter. L. 1938, c. 342, p. 854, s. 4. Amended by L. 1939, c. 339, p. 822, s. 2; L. 1950, c. 149, p. 314, s. 4; L. 1968, c. 80, s. 1, eff. June 21, 1968; L. 1985, c. 146, s. 2, eff. April 24, 1985. 45:8-31. Oath of members; filing; duty of Attorney General; powers of board; compelling compliance with subpoena Each member of the examining board before entering upon the duties of his office, shall subscribe to an official oath of office as provided by section 41:1-3 of the Title, Oaths and Affidavits, of the Revised Statutes, which oath shall be filed in the office of the Secretary of State. The examining board shall be entitled to the services of the Attorney-General in connection with the affairs of the board and the board shall have power to compel the attendance of witnesses, and any member thereof may administer oaths and the board may take testimony and proofs concerning any matters within its jurisdiction. The board shall adopt and have an official seal. In carrying into effect the provisions of this chapter, the board may, under the hand of its president and the seal of the board, subpoena witnesses and compel their attendance, and also may require the production of books, papers, documents, et cetera, in a case involving the revocation of license or practicing or offering to practice without license. If any person shall refuse to obey any subpoena so issued, or shall refuse to testify or produce any books, papers or documents, the board may apply ex parte to the Superior Court to compel the person to comply forthwith with the subpoena. L.1938, c. 342, p. 855, s. 5. Amended by L.1939, c. 339, p. 823, s. 3; L.1950, c. 149, p. 314, s. 5; L.1953, c. 43, p. 803, s. 37; L.1953, c. 428, p. 2163, s. 11. 45:8-32. Meetings; officers Said examining board shall at its annual meeting to be held in May organize by electing a president and vice-president, who shall be members of the board. The secretary-director shall furnish bond for the faithful performance of his duties in such sum

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as required by law. Premium for said bond shall be regarded as a proper and necessary expense of the board. Said board shall meet at least every two months and special meetings may be held at such times as called by the president. A majority of the voting members of the board shall constitute a quorum and no action of the board shall be taken except upon the affirmative vote of a majority of the members of the entire board. L. 1938, c. 342, p. 856, s. 6. Amended by L. 1939, c. 339, p. 824, s. 4; L. 1950, c. 149, p. 315, s. 6; L. 1985, c. 146, s. 3, eff. April 24, 1985. 45:8-33. Itemized account to be kept; report; filing; forwarding to Attorney-General An itemized account of all receipts and expenditures of the board shall be kept by the said secretary-director and a detailed report thereof, verified by the affidavit of said secretarydirector, shall be filed with the Director of Division of Budget and Accounting, Department of the Treasury, within twenty days after the close of the fiscal year. A copy of this report shall be forwarded also to the office of the Attorney-General, as head of the Department of Law and Public Safety. L.1938, c. 342, p. 857, s. 7. Amended by L.1939, c. 339, p. 824, s. 5; L.1950, c. 149, p. 316, s. 7. 45:8-34. Records; proceedings of examining board; applicants for licenses; evidence The examining board shall keep a record of its proceedings and a record of all applicants for license, showing for each the date of application, name, age, education and other qualifications, place of business and place of residence, whether or not an examination was required and whether the applicant was rejected or a certificate of license granted, and the date of such action. The books and register of the examining board shall be prima facie evidence of all matters recorded therein. A public register showing the names and places of business and residences of all licensed professional engineers and land surveyors and engineers-in-training shall be prepared under the direction of the secretary-director during the month of June of each year; such public register shall be printed and a copy mailed to each licensee and a copy mailed to the clerk of each city, town, township, village, borough, county and other municipal corporation of this State, which public register shall be placed on file in the office of the said clerk. L.1938, c. 342, p. 857, s. 8. Amended by L.1950, c. 149, p. 316, s. 8. 45:8-35. Applications for license, certificate of registration; fees; qualifications; evidence of qualifications; examination 9. Applications for license as professional engineers shall be on forms prescribed and furnished by the board, shall contain statements under oath, showing the applicant's education and detailed statement of his engineering experience, and shall contain not less than five references, of whom three or more shall be licensed professional engineers having personal

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knowledge of the applicant's engineering experience. The application fee for professional engineers shall be set by the board and shall accompany the application. Applications for license as land surveyors shall be on forms prescribed and furnished by the board, shall contain statements under oath, showing the applicant's education and detailed statement of his land surveying experience, and shall contain not less than five references, of whom three or more shall be licensed land surveyors having personal knowledge of the applicant's land surveying experience. The application fee for land surveyors shall be set by the board and shall accompany the application. Applications for a certificate of registration as "engineer-in-training" shall be on forms prescribed and furnished by the board, shall be accompanied by a fee set by the board and shall contain the names of three references of whom at least one shall be a professional engineer having personal knowledge of the applicant's engineering education, experience or training. Applications for a certificate of registration as "surveyor-in-training" shall be on forms prescribed and furnished by the board, shall be accompanied by a fee set by the board and shall contain the names of three references of whom at least one shall be a licensed land surveyor having personal knowledge of the applicant's surveying education, experience or training. All application fees shall be retained by the board. The following shall be considered as minimum evidence satisfactory to the board that the applicant is qualified for a license as a professional engineer, or as a land surveyor, or for certificate of registration as an engineer-in-training or a surveyor-in-training, to wit: (1) As a professional engineer: a. Graduation from a board approved curriculum in engineering of four years or more; a specific record of an additional four years or more of experience in engineering work of a character satisfactory to the board, and indicating that the applicant is competent to be placed in responsible charge of such work; and successfully passing all parts of the written examination; or b. Graduation from a board approved curriculum in engineering technology of four years or more; a specific record of an additional six years or more of experience in engineering work of a character satisfactory to the board, and indicating that the applicant is competent to be placed in responsible charge of such work; and successfully passing all parts of the written examination; or c. Graduation from a board approved curriculum in engineering or engineering technology of four years or more; a specific record of an additional 15 years or more of experience in

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engineering work of a character satisfactory to the board and indicating that the applicant is competent to be placed in responsible charge of such work; and successfully passing the specialized portion of the written examination which is designated as Part P; or d. (Deleted by amendment, P.L.1989, c.276.) e. A certificate of registration, issued by any state or territory or possession of the United States, or of any country, may, in the discretion of the board, be accepted as minimum evidence satisfactory to the board that the applicant is qualified for registration as a professional engineer; provided that the minimum requirements for examination and license by the issuing agency in effect at the time of application to the issuing agency, which the applicant satisfied in order to qualify for examination by that issuing agency, are at least comparable to those same minimum requirements of the board which were in effect in this State at that time; and provided that the applicant has not failed any portion of a nationally administered, two-day examination, required by the board, that was taken in order to receive licensure by the issuing agency. (2) As a land surveyor: a. (i) Until December 31, 1990, successful completion of a board approved program in surveying in a school or college approved by the board as of satisfactory standing; an additional four years or more of experience in land surveying work of a character satisfactory to the board and indicating that the applicant is competent to be placed in responsible charge of such work; and successfully passing a written examination; or (ii) Effective January 1, 1991, graduation from a board approved curriculum in surveying of four years or more; an additional three years or more of experience in land surveying work of a character satisfactory to the board and indicating that the applicant is competent to be placed in responsible charge of that work; and successfully passing all parts of the written examination; or b. Until December 31, 1990, successfully passing a written examination in surveying prescribed by the board; and a specific record of six years or more of experience in land surveying work of a character satisfactory to the board and indicating that the applicant is competent to be placed in responsible charge of such work; or c. (Deleted by amendment, P.L.1977, c.340.) d. A certificate of registration, issued by any state or territory or possession of the United States, or of any country, may, in the discretion of the board, be accepted as minimum evidence satisfactory to the board that the applicant is qualified for registration as a land surveyor; provided that the minimum requirements for examination and license by the issuing agency in effect at the time of application to the issuing agency, which the applicant satisfied in order to qualify for examination by that issuing agency, are at least comparable to those same minimum requirements of the board which were in effect in this State at that time; and provided that the issuing agency attests to the licensing criteria at the time of the applicant's original licensure in that jurisdiction, and the applicant receives a passing grade on the New Jersey specific portion of the current land surveying examination and any portions of a nationally administered two-day

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examination required by the board not already passed by the applicant. (3) As an engineer-in-training: a. Graduation from a board approved curriculum in engineering or engineering technology of four years or more; and successfully passing the fundamentals portion of the written examination which is designated as Part F. b. (Deleted by amendment, P.L.1989, c.276.) (4) As a surveyor-in-training: Graduation from a board approved curriculum in land surveying of four years or more; and successfully passing the fundamentals portion of a board approved written examination. Qualifications for professional engineers. An applicant for license as a professional engineer shall be able to speak and write the English language. All applicants shall be of good character and reputation. Completion of a master's degree in engineering shall be considered as equivalent to one year of engineering experience and completion of a doctor's degree in engineering shall be considered as equivalent to one additional year of engineering experience. In considering the qualifications of applicants, engineering teaching experience may be considered as engineering experience for a credit not to exceed two years. The mere execution, as a contractor, of work designed by a professional engineer, or the supervision of construction of such work as a foreman or superintendent, or the observation of construction as an inspector or witness shall not be deemed to be experience in engineering work. Any person having the necessary qualifications prescribed in this chapter to entitle him to a license shall be eligible for such license, although he may not be practicing his profession at the time of making the application. A quorum of the examining board shall not be required for the purpose of passing upon the issuance of a license to any applicant; provided that no action on any application shall be taken without at least three votes in accord. Engineering experience of a character satisfactory to the board shall be determined by the board's evaluation of the applicant's experience relative to the ability to design and supervise engineering projects and works so as to insure the safety of life, health and property. The scope of the examination for professional engineering and methods of procedure shall be prescribed by the board with special reference to the applicant's ability to design and supervise engineering projects and works so as to insure the safety of life, health and property. An examination shall be given for the purpose of determining the qualifications of applicants for license in professional engineering. A candidate failing an examination may apply for reexamination to the extent permitted by regulations of the board. Subsequent examinations will

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require the payment of fees set by the board. The board shall schedule at least two examinations per year, with dates and places to be determined by the board. Examinations of applicants for license as professional engineers will be divided into two parts, as follows: Part F--Fundamentals of Engineering--This examination is intended to assess the applicant's competency in the fundamental engineering subjects and basic engineering sciences, such as mathematics, chemistry, physics, statistics, dynamics, materials science, mechanics of materials, structures, fluid mechanics, hydraulics, thermodynamics, electrical theory, and economics. A knowledge of P.L.1938, c.342 (C.45:8-27 et seq.) is also required. Part P--Specialized Training--This examination is intended to assess the extent of the applicant's more advanced and specialized professional training and experience especially in his chosen field of engineering. Applicants for certificates of registration as engineers-in-training shall qualify by satisfactorily passing the fundamentals portion of the written examination. The scope, time and place of the examinations for applicants for certificates of registration as "engineers-in-training" shall be prescribed by the board. A candidate failing an examination may apply for reexamination to the extent permitted by the regulations of the board. Subsequent examinations will require the payment of fees set by the board. Qualifications for land surveyors. An applicant for license as a land surveyor shall be able to speak and write the English language. All applicants shall be of good character and reputation. Completion of a master's degree in surveying shall be considered as equivalent to one year of surveying experience and completion of a doctor's degree in surveying shall be considered as equivalent to one additional year of surveying experience. In considering the qualifications of applicants, survey teaching experience may be considered as surveying experience for a credit not to exceed two years. In determining whether an applicant's experience is satisfactory for licensure, the board shall consider whether the applicant has demonstrated the ability to perform, manage and supervise field and office surveying activities and works so as to insure the safety of life, health and property. An examination shall be given for the purpose of determining the qualifications of applicants for license in land surveying. The content of the examination for land surveying and methods of procedure shall be prescribed by the board with emphasis upon the applicant's ability to supervise land surveying projects and works. A candidate failing an examination may apply for reexamination to the extent permitted by regulations of the board. Subsequent examinations will require the payment of fees set by the board. The board shall schedule at least two examinations per year, with dates and places to be determined by the board. Examinations of applicants for license as land surveyors shall be divided into two parts, as

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follows: Part F--Fundamentals of Land Surveying--This examination is intended to assess the applicant's competency in the fundamental surveying subjects and basic surveying sciences, including, but not limited to, mathematics, chemistry, physics, statistics, dynamics, boundary law, real estate law, and economics. A knowledge of P.L.1938, c.342 (C.45:8-27 et seq.) is also required. Part P--Specialized Training--This examination is intended to assess the extent of the applicant's more advanced and specialized professional training and experience in the field of land surveying. Applicants for certificates of registration as surveyors-in-training shall qualify by satisfactorily passing the fundamentals portion of the written examination. The scope, time and place of the examinations for applicants for certificates of registration as "surveyors-in-training" shall be prescribed by the board. A candidate failing an examination may apply for reexamination to the extent permitted by the regulations of the board. Subsequent examinations will require the payment of fees set by the board. L.1938,c.342,s.9; amended 1950,c.149,s.9; 1959,c.61,s.1; 1977,c.340,s.2; 1985,c.31; 1989,c.276,s.3; 1992,c.64,s.2;, 1994,c.171. 45:8-35.1. Licensed architects may be licensed as professional engineers; examination Any architect who is duly licensed to practice architecture in this State, provided he has a college degree in a program or curriculum of four years or more, shall be entitled to be licensed to engage in the practice of professional engineering upon application therefor to the State Board of Professional Engineers and Land Surveyors, and upon satisfactorily passing that part of an examination limited solely to specialized training of engineers, and which is now designated as Part P thereof. Such applicant shall be examined, according to the limitation herein provided, at a regularly conducted examination for applicants for license as professional engineer. L.1952, c.130, s.1; amended 1989,c.276,s.5. 45:8-35.2. Continuing professional competency credits required for certification 1. The State Board of Professional Engineers and Land Surveyors shall require each person licensed as a land surveyor, as a condition for biennial certification pursuant to P.L.1938, c.342 (C.45:8-27 et seq.) and P.L.1972, c.108 (C.45:1-7), to complete not more than 24 credits of continuing professional competency relating to the practice of land surveying, as provided in section 2 of this act, during each biennial registration period. L.1993,c.39,s.1. 45:8-35.3. Duties of board 2. a. The board shall: (1) Establish standards for continuing professional competency in land surveying, including the subject matter and content of courses of study, which shall be in conformity with a national

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model, such as that of the National Council of Examiners for Engineering and Surveying; (2) Approve educational programs offering credit towards the continuing professional competency in land surveying requirements; and (3) Approve other equivalent educational programs, including, but not limited to, meetings of constituents and components of land surveying associations and other appropriate professional and technical associations recognized by the board, examinations, papers, publications, technical presentations, teaching and research appointments and technical exhibits, and shall establish procedures for the issuance of credit upon satisfactory proof of the completion of these programs. b. In the case of education courses and programs, each hour of instruction shall be equivalent to one credit. L.1993,c.39,s.2. 45:8-35.4. Board to establish procedures 3. The board shall: a. Establish procedures for monitoring compliance with the land surveying continuing professional competency requirements; and b. Establish procedures to evaluate and grant approval to providers of continuing professional competency in land surveying. L.1993,c.39,s.3. 45:8-35.5. Board may waive requirements 4. The board may, in its discretion, waive requirements for continuing professional competency in land surveying on an individual basis for reasons of hardship such as illness or disability, service in the armed forces of the United States of America, retirement of the license, or other good cause. L.1993,c.39,s.4. 45:8-35.6. Credits not required for initial registration 5. The board shall not require completion of land surveying continuing professional competency credits for initial registration. L.1993,c.39,s.5. 45:8-35.7. Prorating of credits 6. a. The board shall not require completion of land surveying continuing professional competency credits for any certification periods commencing within 12 months of the effective date of this act. b. The board shall require completion of land surveying continuing professional competency

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credits on a pro rata basis for any certification periods commencing more than 12 but less than 24 months following the effective date of this act. L.1993,c.39,s.6. 45:8-35.8. Proof of completion of credits 7. The board shall accept as proof of completion of continuing professional competency program credits documentation submitted by a person licensed as a land surveyor or by any entity offering a continuing professional competency program approved by the board pursuant to section 2 of this act. L.1993,c.39,s.7. 45:8-35.9. Failure to complete professional competency requirements; penalty 8. Any person who fails to complete the continuing professional competency requirements established pursuant to section 1 of this act shall be liable to a civil penalty of not more than $500 or additional hours of continuing professional competency in land surveying, or both, as imposed by the board, for a first offense. A second or subsequent offense by a licensee shall be considered professional misconduct pursuant to the provisions of P.L.1938, c.342 (C.45:8-27 et seq.) and P.L.1978, c.73 (C.45:1-14 et seq.). L.1993,c.39,s.8. 45:8-35.10. Carryover of credits 9. The board shall allow a land surveyor to carry over a maximum of eight continuing professional competency credits to the next biennial certification period. L.1993,c.39,s.9. 45:8-36. Certificates 10. Certificates. The board shall issue a license certificate upon payment of the application fee as provided in this chapter, to any applicant who, in the opinion of the board, has satisfactorily met all the requirements of this chapter, and who has paid the license fee to cover licensure for the year or fraction thereof in which such license is issued. In the case of a licensed professional engineer the certificate shall authorize the practice of the applicant as a "professional engineer" and in the case of a licensed land surveyor as a "land surveyor," or as "professional engineer and land surveyor" when the applicant qualifies in both classifications. Certificates of license shall show the full name of the licensee, shall have a license number and shall be signed by the president and the secretary-director of the board under the seal of the board. The issuance of a license certificate by this board shall be evidence that the person named therein is entitled to all the rights and privileges of a licensed professional engineer or a licensed land surveyor, or as both as the case may be, while said certificate remains unrevoked, unexpired, or is not on a retired status list. Each professional engineer or land surveyor shall upon receipt of license certificate, obtain a seal of a design authorized by the board, bearing his name, license number and the legend "Licensed Professional Engineer," "Licensed Land Surveyor," or "Licensed Professional Engineer and Land Surveyor," as the case may be. Plans, specifications, plats, and reports issued

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by persons authorized under this chapter shall be sealed with said seal, during the life of the licensee's certificate, but it shall be unlawful for anyone to stamp or seal any documents with said seal after the certificate of the licensee named thereon has expired, has been revoked, or is on a retired status list, unless said certificate shall have been renewed, reissued or reinstated from retirement status as provided pursuant to section 3 of P.L.1995, c.36 (C.45:8-36.2). The exact method of fulfilling the requirement as to the sealing of documents shall be regulated by the board. All professional engineers licensed by this board prior to the passage of this chapter, shall continue to practice under the various classifications heretofore granted and within the branches of engineering indicated or may, upon application therefor, and the payment of a fee of $5.00 receive a new certificate under the title "professional engineer"; provided, said professional engineer presents evidence satisfactory to the board of his qualifications to practice in the field of general engineering comprehended in the title "professional engineer." All license certificates shall be recorded by the board in the office of the Secretary of State, in a book kept for that purpose and any recording fee as may be provided by law shall be paid by the applicant before the license certificate is delivered. The examining board shall be empowered to issue a certificate of registration as "Engineer-inTraining" or "Surveyor-in-Training," as the case may be, to an applicant who meets the qualifications outlined elsewhere herein. An applicant who meets the requirements of this act shall receive a certificate of registration as "Engineer-in-Training," or "Surveyor-in-Training," whichever is applicable, which certificate may remain in effect for a period of 10 years from the date of issuance. L.1938,c.342,s.10; amended 1950,c.149,s.10; 1977,c.340,s.3; 1992,c.64,s.3; 1995.c.36,s.1. 45:8-36.1. Use of title "professional land surveyor" 5. Any person licensed as a land surveyor pursuant to the provisions of P.L.1938, c.342 (C.45:8-27 et seq.) may use the title "professional land surveyor" in the scope of the practice of land surveying. L.1992,c.64,s.5. 45:8-36.2. Retirement procedures; resuming practice after retirement 3. A licensed professional engineer or land surveyor who has been licensed for a minimum of 25 years and is 62 years of age or older may apply to the board for retirement license status on a form furnished by the board. Upon receipt of the completed retired status application form and the board's determination that the licensee meets these requirements, the board shall declare the licensee retired and shall place the licensee on a retired status list. A person whose license is retired shall not offer or practice professional engineering or land surveying, or both, as the case may be, within the State. A person on the retired status list who wants to resume the practice of professional engineering

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or land surveying, or both, as the case may be, shall make application in the manner determined by the board for reinstatement of licensure to the board as a professional engineer or land surveyor, as the case may be, and pay the prescribed reinstatement fee as required by regulation of the board. Any person who has been on the retired status list for five or more years shall furnish the board with satisfactory evidence of current knowledge, competency and skill in the practice of professional engineering or land surveying as required by law or any regulation of the board. L.1995,c.36,s.3. 45:8-36.3. Waiver of corner marker requirements for certain land surveying work 1. a. When a property survey is performed, appropriate corner markers shall be set either by a licensed land surveyor or under the supervision of a licensed land surveyor. These markers shall be set at each property corner not previously marked by a property marker, unless the actual corner is not accessible, or unless a written waiver signed by the ultimate user is obtained and retained for a period of not less than six years by the surveyor performing the survey. b. Whenever a written waiver to omit corner markers is obtained pursuant to subsection a. of this section, the following notation shall be included on the plat or plan of survey: "A written Waiver and Direction Not to Set Corner Markers has been obtained from the ultimate user pursuant to P.L.2003, c.14 (C45:8-36.3) and N.J.A.C. 13:40-5.1(d)." c. Failure to comply with the provisions of P.L.2003, c.14 (C45:8-36.3) shall subject the licensee to a penalty of not greater than $2,500 for each violation, to be imposed pursuant to section 9 of P.L.1978, c.73 (C.45:1-22). L.2003,c.14. 45:8-37. Expiration and renewal of licenses; fees; revocation on failure to renew license License certificates shall expire on the thirtieth day of April following issuance, renewal or reinstatement and shall become invalid on that day unless renewed. Licensees shall apply for renewal on or before the thirtieth day of April of each year. It shall be the duty of the secretary of the board to notify all persons licensed under this chapter of the date of the expiration of their certificates and the amount of the fee that shall be required for their renewal for one year; such notice shall be mailed to each licensee at his post-office address known to the board at least one month in advance of the date of expiration of said certificate. Renewal of any certificate issued under this chapter may be effected at any time during the month of April by the payment of the fee of five dollars ($5.00). The failure on the part of the licensee to renew his certificate annually in the month of April as required shall not deprive such person of the right of renewal during the ensuing year but the fee to be paid if the license be renewed in any month during the current year subsequent to April shall be seven dollars ($7.00) instead of five dollars ($5.00); and, if the license certificate be not renewed in the current year, the licensee shall pay a reinstatement fee of ten dollars ($10.00) plus five dollars ($5.00) for each year in which the licensee is in arrears. One notice to the licensee,

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by mail, on or before April fifteenth, addressed to his last post-office address known to the board, informing him of his failure to have applied for a renewal of his license certificate, shall constitute legal notification of such delinquency by the board. The failure on the part of the licensee to renew his certificate within one year from the date of the expiration of said license certificate will automatically revoke such license certificate and the right of the person to practice thereafter shall be restored only upon the payment of the ten dollar ($10.00) reinstatement fee plus all arrearages. Continuing to practice as a "professional engineer" or as a "land surveyor" after the expiration of his license shall render the person so doing liable to all the penalties prescribed for practicing without a license certificate.L.1938, c. 342, p. 863, s. 11. Amended by L.1939, c. 339, p. 824, s. 6; L.1950, c. 149, p. 324, s. 11.

45:8-38.

Repealed by L.1979, c. 432, s 1, eff. Feb. 14, 1980

45:8-39. Practice without license and other violations; penalties; actions for penalties 13. a. Any person who, hereafter, is not legally authorized to practice professional engineering or land surveying in this State according to the provisions of this act, who shall so practice or offer so to practice in this State, except as provided in section 14 of this act, or any person presenting or attempting to file as his own the certificate of license of another, or who shall give false or forged evidence of any kind to the board, or to any member or representative thereof, in obtaining a certificate of license, or who shall falsely impersonate another licensed practitioner of like or different name, or who shall use or attempt to use an expired certificate of license, an unexpired and revoked certificate of license, or a certificate of license which is on a retired status list, or who shall use either the title "Engineer-in-Training" or "Surveyor-inTraining" without holding a valid certificate of registration issued by the board, or who shall otherwise violate any of the provisions of this act, shall be subject to a penalty of not more than $200.00 for the first offense and not more than $500.00 for each and every subsequent offense. The penalties provided for by this section shall be sued for and recovered in civil actions by the State Board of Professional Engineers and Land Surveyors. b. Pursuant to the provisions of the "Building Design Services Act," P.L.1989, c.277 (C.45:4B-1 et seq.) the board: (1) May refer any complaint, question or controversy involving the application of that act to the joint committee. (2) Shall take no disciplinary action against any licensed architect alleged to have engaged in a violation of that act or the unlicensed practice of engineering. (3) Shall refer a request for a declaratory ruling to the joint committee. (4) Shall provide any and all documents in its possession regarding any matter referred to the joint committee. (5) Shall, when necessary and appropriate, exercise the investigation or enforcement powers

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conferred by law to aid and assist the joint committee in its functions. (6) Shall, consistent with that act, discipline any professional engineer who, or business association authorized to offer engineering services which, violates that act. Such a violation shall be deemed professional misconduct. Any violation of that act by an unlicensed individual or unauthorized business association shall be disciplined by the New Jersey State Board of Architects pursuant to the provisions of P.L.1978, c.73 (C.45:1-14 et seq.). Such a violation shall be deemed the unlicensed practice of architecture. However, the design of an engineering work by an unlicensed individual or unauthorized business association shall be disciplined by the State Board of Professional Engineers and Land Surveyors pursuant to the provisions of P.L.1978, c.73 (C.45:1-14 et seq.). Such a violation shall be deemed the unlicensed practice of engineering. c. No person, firm, partnership, association or corporation shall bring or maintain any action in the courts of this State for the collection of compensation for services constituting the practice of engineering or land surveying without alleging and proving that he was duly licensed in accordance with this chapter at the time the alleged cause of action arose. d. The Superior Court shall have jurisdiction of actions for penalties under this act. L.1938,c.342,s.13; amended 1947,c.60,s.2; 1950,c.149,s.13; 1952,c.129; 1953,c.43,s.38; 1970,c.177,s.3; 1989,c.276,s.4; 1992,c.64,s.4; 1995,c.36,s.2. 45:8-40. Persons exempt The following shall be exempted from the provisions of this chapter: (1) A person not a resident of and having no established place of business in this State, practicing or offering to practice herein professional engineering or land surveying within the meaning and intent of this chapter, when such practice does not exceed in the aggregate 30 consecutive days in any calendar year; provided, such person is legally qualified by license to practice said professional engineering or land surveying in any State or country in which the requirements and qualifications for a certificate of license are at least comparable to those specified in this chapter. However, no final plans or reports may be submitted under this provision. (2) A person not a resident of and having no established place of business in this State, or who has recently become a resident thereof, practicing or offering to practice herein for more than 30 days in any calendar year professional engineering or land surveying, if he shall have filed with the board an application for a certificate of license and shall have paid the fee required by this chapter; provided, that such a person is legally qualified to practice said professional engineering or land surveying in any State or country in which the requirements and qualifications for obtaining a license are at least comparable to those specified in this chapter. Such exemption shall continue only for such time as the board requires for the consideration of the application for license certificate.

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(3) An employee or a subordinate of a person holding a license under this chapter or an employee of a person exempted from license by subsections (1) and (2) of this section; provided, this practice does not include responsible charge of design or supervision. (4) Officers and employees of the Government of the United States while engaged within this State in the practice of professional engineering or land surveying, for said government. (5) The practice of engineering or land surveying solely as an officer or employee of a corporation engaged in interstate commerce as defined in an act of Congress entitled "Act to regulate commerce," approved February 4, 1887, and as amended, unless the same affects public safety or health. L.1938, c. 342, p. 866, s. 14. Amended by L.1950, c. 149, p. 327, s. 14; L.1977, c. 340, s. 5, eff. Jan. 25, 1978. 45:8-41. Licensed engineers and surveyors on public contracts or works required Hereafter no county, city, town, township, village, borough or other municipal corporations or other political subdivisions in the State shall engage in the design, construction or maintenance of any public work involving professional engineering for which plans, specifications and estimates have not been made by and the construction and maintenance supervised by a licensed professional engineer or a registered architect, nor shall any county, city, town, township, village, borough or other municipal corporation or other political subdivision in the State employ any person to perform work involving land surveying except a licensed land surveyor. L.1938, c. 342, p. 867, s. 15. Amended by L.1950, c. 149, p. 328, s. 15. 45:8-42. Employment of licensed engineers by governmental departments No department, institution, commission, board or body of the State Government, or of any political subdivision thereof shall designate, appoint or employ an engineer or any person to be in responsible charge of professional engineering work other than a duly qualified professional engineer who has been licensed by the State of New Jersey, prior to the designation, appointment or employment by such department, institution, commission, board or body of the State Government, or any political subdivision thereof. Notwithstanding anything in this chapter to the contrary no professional engineer licensed in this State prior to the passage of this chapter and holding an appointment by the State or by any department, institution, commission, board or body of the State Government, or any political subdivision thereof, shall be deprived of the right of reappointment to the same office or position or appointment to any other office or position requiring similar qualifications. L.1938, c. 342, p. 867, s. 16. Amended by L.1950, c. 149, p. 329, s. 16.

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45:8-43.

Filing of name of engineer engaged by governmental departments; employment of engineers and land surveyors The clerk of such department, institution, commission, board or body of the State Government or of any political subdivision thereof shall file with the secretary-director of the State Board of Professional Engineers and Land Surveyors the name of any engineer designated, appointed or employed, within 30 days after appointment. Where professional engineers or land surveyors are employed, subject to the provisions of the civil service law, the appointment of any such person shall be understood to mean and include appointment after such person has been certified as having satisfactorily passed a civil service examination. No person, firm, association or corporation engaged in engineering or land surveying, shall employ an engineer or land surveyor, in responsible charge of any work, within the meaning and intent of this act, other than a duly qualified professional engineer or land surveyor, who has been licensed pursuant to the provisions of this chapter, prior to such employment by the person, firm, association or corporation so engaged in engineering or land surveying; provided, however, that nothing in this chapter shall apply to any public utility as defined in chapter 2 of Title 48 of the Revised Statutes, or any employee thereof or to any improvement or proposed improvement made by any such public utility or by any employee of or any contractor or agent for said public utility. Nothing in this chapter shall apply to a corporation or any of its affiliated companies any of which are in the field of telecommunications or any employee thereof where either said corporation or any of its affiliated companies is subject to the jurisdiction of the State Board of Public Utilities or the Federal Communications Commission. Nothing in this chapter shall apply to a corporation in the field of telecommunications, or to its affiliates, or any employees thereof in which the primary business is research and technical development manufacturing or product design. L.1938, c.342, s.17; amended 1950,c.149,s.17; 1989,c.276,s.6. 45:8-44.1. Authority of land surveyors to go on, over and upon lands of others during reasonable hours A person licensed to practice land surveying as provided in P.L.1938, c. 342 (C. 45:8-27 et seq.) and any of his agents, servants or employees under his direction who are necessary to make a land survey shall have the authority to go on, over and upon lands of others during reasonable hours when necessary to make land surveys if: a. The licensed professional land surveyor has made a reasonable attempt, as defined in this section, to notify the owner of the land and, in the case of a lease, the lessee thereof, of his desire to enter on, over and upon the owner's or lessee's land to make a land survey and, the attempt having failed, the licensed professional land surveyor has given written notice, seven days prior to the proposed entry, to the municipal police department of the municipality in which the land is located of his intention to enter, containing the names, addresses, and telephone numbers of those who propose to enter the land and the date, time, duration, and location of the proposed entry; and, b. The land or any part thereof, to which entry is sought, is not enclosed by a constructed or

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natural barrier which is at least 6 feet in height or is not posted with signs or notices which prohibit trespassing and contain the name and address of the owner or lessee of the land; c. As used in this section, a "reasonable attempt" to notify an owner or lessee means: an attempt to seek acknowledgment of the owner of the land and, in the case of a lease, the lessee thereof, by certified mail, return receipt requested, the attempt to be made a second time if unsuccessful the first time and a third time if unsuccessful the second time, each attempt to be made on a separate business day. L.1983, c. 460, s. 1, eff. Jan. 12, 1984. 45:8-44.2. Entry not trespass; immunity from arrest or civil action Any entry under the right granted in this act shall not constitute trespass nor shall the licensed professional land surveyor or his agents, servants or employees be liable to arrest or civil action by reason of the entry. L.1983, c. 460, s. 2, eff. Jan. 12, 1984. 45:8-44.3. Destruction, injury or damage to land; prohibition; liability Nothing in this act shall be construed as giving the licensed professional land surveyor or his agents, servants or employees any right to destroy, injure or damage the land or any person or property on the land of another. A licensed professional land surveyor or his agents, servants or employees shall be liable for any such destruction, injury or damage which he is found to have caused to such persons, property or land. L.1983, c. 460, s. 3, eff. Jan. 12, 1984. 45:8-44.4. Nonliability of owner or lessee of land Neither the owner of the land nor the lessee thereof shall be liable to a licensed professional land surveyor or his agents, servants or employees or any other person for any destruction, injury or damage, which was not willfully or maliciously done by the owner or lessee, to property or persons resulting from the licensed professional land surveyor or his agents, servants or employees going on, over and upon such lands under the provisions of this act. L.1983, c. 460, s. 4, eff. Jan. 12, 1984. 45:8-44.5. Inapplicability of act to lands traversed by operating railroad This act shall not apply to lands traversed by an operating railroad. L.1983, c. 460, s. 5, eff. Jan. 12, 1984. 45:8-45. Certificate and seal of licensed engineer, surveyor or architect on plans and specifications on public work No department, institution, commission, board or body of the State Government, or any political subdivision thereof, being the depository or having the custody of any plan or specification involving professional engineering, shall receive or file any such plan or

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specification unless there is affixed thereto the seal of a professional engineer licensed pursuant to the provisions of this chapter, or the seal of a registered architect thereon nor receive or file any plan involving land surveying unless there is affixed thereto the seal of a land surveyor licensed pursuant to this chapter. L.1938, c. 342, p. 869, s. 19. Amended by L.1950, c. 149, p. 330, s. 18. 45:8-47. Effect on other professions This chapter shall not be construed to affect or prevent the practice of any other legally recognized profession. Nothing in this act shall be construed as prohibiting, regulating or interfering with persons duly licensed under any laws of this State in the operation and maintenance of equipment and in the supervision of operation of steam power plants, portable machinery and equipment, and refrigeration plants, or from engaging in such engineering activities as may be incident to such operating, maintenance or supervision as is customarily a part of the services rendered by such licensed persons in the course of their employment. L.1938, c. 342, p. 869, s. 21. 45:8-48. Partial invalidity; construction of chapter The provisions of this chapter are severable, and if any of the provisions hereof are held unconstitutional the decision shall not be construed to impair any other provisions of this chapter. It is hereby declared as the legislative intent that this chapter would have been adopted had such unconstitutional provisions not been included herein. L.1938, c. 342, p. 870, s. 22. 45:8-49. Repealer Chapter eight of Title 45 of the Revised Statutes is hereby repealed. All acts and parts of acts inconsistent herewith be and the same are hereby repealed and this act shall take effect immediately. L.1938, c. 342, p. 870, s. 23. 45:8-50 to 45:8-55. Repealed by L.1950, c. 149, s 20, eff. May 26, 1950

45:8-56. Certificate of authorization The board shall issue a certificate of authorization to certain corporations and those corporations shall be authorized to offer professional engineering and land surveying services or both, as follows: a. No corporation shall offer to provide engineering services in this State unless issued a certificate of authorization pursuant to this amendatory and supplementary act. This subsection shall not apply to a professional service corporation established pursuant to the "Professional Service Corporation Act," P.L.1969, c.232 (C.14A:17-1 et seq.). b. No corporation shall offer to provide land surveying services in this State unless issued a

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certificate of authorization pursuant to this act. This subsection shall not apply to a professional service corporation established pursuant to the "Professional Service Corporation Act," P.L.1969, c.232 (C.14A:17-1 et seq.). The certificate of authorization shall designate a New Jersey licensee or licensees who are in responsible charge of the engineering or land surveying activities and decisions of the corporation. All final drawings, papers or documents involving the practice of engineering or the practice of land surveying, when issued by the corporation or filed for public record, shall be signed and sealed by the New Jersey licensee who is in responsible charge of the work. L.1989, c.276, s.7. 45:8-57. Contents of application; biennial renewal fee Prior to the issuance of a certificate of authorization, a corporation shall file with the board an application, on forms designated by the board, listing, where applicable, the name and address of the corporation and its satellite offices, and the name, address and signature of all officers, corporate board members, directors, principals and any licensees who shall be in responsible charge of the practice of engineering or the practice of land surveying or both, through the corporation, together with such other information as may be required by the board to ensure compliance with its regulations. The same information shall accompany the biennial renewal fee. A change in any of this information shall be reported to the board within 30 days after the effective date of that change. L.1989, c.276, s.8. 45:8-58. Powers of board The board shall have the authority to review the professional conduct of any corporation authorized to offer engineering or land surveying services or both under the provisions of P.L.1989, c.276 (C.45:8-56 et al.). In order to implement those provisions, the board may: a. Establish by regulations adopted pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) a biennial renewal fee for the certificate of authorization. b. Suspend, revoke, or refuse to renew the certificate of authorization of any corporation whose agent, employees, directors or officers violate, or cause to be violated, any of the provisions of P.L.1989, c.276 (C.45:8-56 et al.) or chapter 8 of Title 45 of the Revised Statutes pursuant to the provisions of P.L.1978, c.73 (C.45:1-14 et seq.). c. Adopt such rules and regulations as required to carry out the provisions of this act pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.). L.1989, c.276, s.9.

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45:8-59. Records to establish regular, effective supervision A licensee shall maintain such records as are reasonably necessary to establish that the licensee exercised regular and effective supervision of professional services of which such licensee was in responsible charge. L.1989, c.276, s.10. 45:8-60. Responsibility for acts of agents, employees, officers No corporation shall be relieved of responsibility for the conduct or acts of its agents, employees or officers by reason of compliance with the provisions of P.L.1989, c.276 (C.45:8-56 et al.). L.1989, c.276, s.11.

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New Jersey Statutes Annotated Title 46, Chapter 8B Condominium Act46:8B-1. Short title This act shall be known and may be cited as the "Condominium Act." L.1969, c. 257, s. 1, eff. Jan. 7, 1970. 46:8B-2. Saving clause This act shall not be construed to amend or repeal the act entitled "An act concerning interests in real property and providing for the creation and regulation of horizontal property regimes," approved December 16, 1963 (P.L.1963, c. 168). Said act shall continue to govern all property constituted into a horizontal property regime thereunder, provided that upon waiver of any such regime as provided in said act, the real property may be subjected to the provisions of this act as provided herein. L.1969, c. 257, s. 2, eff. Jan. 7, 1970. 46:8B-3. Definitions The following words and phrases as used in this act shall have the meanings set forth in this section unless the context clearly indicates otherwise: a. "Assigns" means any person to whom rights of a unit owner have been validly transferred by lease, mortgage or otherwise. b. "Association" means the entity responsible for the administration of a condominium, which entity may be incorporated or unincorporated. c. "Bylaws" means the governing regulations adopted under this act for the administration and management of the property. d. "Common elements" means: (i) the land described in the master deed; (ii) as to any improvement, the foundations, structural and bearing parts, supports, main walls, roofs, basements, halls, corridors, lobbies, stairways, elevators, entrances, exits and other means of access, excluding any specifically reserved or limited to a particular unit or group of units; (iii) yards, gardens, walkways, parking areas and driveways, excluding any specifically reserved or limited to a particular unit or group of units;

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(iv) portions of the land or any improvement or appurtenance reserved exclusively for the management, operation or maintenance of the common elements or of the condominium property; (v) installations of all central services and utilities; (vi) all apparatus and installations existing or intended for common use; (vii) all other elements of any improvement necessary or convenient to the existence, management, operation, maintenance and safety of the condominium property or normally in common use; and (viii) such other elements and facilities as are designated in the master deed as common elements. e. "Common expenses" means expenses for which the unit owners are proportionately liable, including but not limited to: (i) all expenses of administration, maintenance, repair and replacement of the common elements; (ii) expenses agreed upon as common by all unit owners; and (iii) expenses declared common by provisions of this act or by the master deed or by the bylaws. f. "Common receipts" means: (i) rent and other charges derived from leasing or licensing the use of common elements; (ii) funds collected from unit owners as common expenses or otherwise; and (iii) receipts designated as common by the provisions of this act or by the master deed or the bylaws. g. "Common surplus" means the excess of all common receipts over all common expenses. h. "Condominium" means the form of ownership of real property under a master deed providing for ownership by one or more owners of units of improvements together with an undivided interest in common elements appurtenant to each such unit. i. "Condominium property" means the land covered by the master deed, whether or not contiguous and all improvements thereon, all owned either in fee simple or under lease, and all easements, rights and appurtenances belonging thereto or intended for the benefit thereof. j. "Developer" means the person or persons who create a condominium or lease, sell or offer

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Rules & Statutes of Relevance to New Jersey Professional Land Surveyors & Engineers

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to lease or sell a condominium or units of a condominium in the ordinary course of business, but does not include an owner or lessee of a unit who has acquired his unit for his own occupancy. k. "Limited common elements" means those common elements which are for the use of one or more specified units to the exclusion of other units. l . "Majority" or "majority of the unit owners" means the owners of more than 50% of the aggregate in interest of the undivided ownership of the common elements as specified in the master deed. If a different percentage of unit owners is required to be determined under this act or under the master deed or bylaws for any purpose, such different percentage of owners shall mean the owners of an equal percentage of the aggregate in interest of the undivided ownership of the common elements as so specified. m. "Master deed" means the master deed recorded under the terms of section 8 of this act, as such master deed may be amended or supplemented from time to time, being the instrument by which the owner in fee simple or lessee of the property submits it to the provisions of this chapter. n. "Person" means an individual, firm, corporation, partnership, association, trust or other legal entity, or any combination thereof. o . "Unit" means a part of the condominium property designed or intended for any type of independent use, having a direct exit to a public street or way or to a common element or common elements leading to a public street or way or to an easement or right of way leading to a public street or way, and includes the proportionate undivided interest in the common elements and in any limited common elements assigned thereto in the master deed or any amendment thereof. p. "Unit deed" means a deed of conveyance of a unit in recordable form. q. "Unit owner" means the person or persons owning a unit in fee simple. L.1969, c. 257, s. 3, eff. Jan. 7, 1970. Amended by L.1973, c. 216, s. 1, eff. Aug. 23, 1973; L.1979, c. 157, s. 1, eff. July 19, 1979. 46:8B-4. Status of units Each unit shall constitute a separate parcel of real property which may be dealt with by the owner thereof in the same manner as is otherwise permitted by law for any other parcel of real property. L.1969, c. 257, s. 4, eff. Jan. 7, 1970. 46:8B-5. Types of ownership Any unit may be held and owned by one or more persons in any form of ownership, real estate tenancy or relationship recognized under the laws of this State. L.1969, c. 257, s. 5, eff. Jan. 7, 1970.

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Rules & Statutes of Relevance to New Jersey Professional Land Surveyors & Engineers

July 14th, 2004 Printing

46:8B-6. Common elements The proportionate undivided interest in the common elements assigned to each unit shall be inseparable from such unit, and any conveyance, lease, devise or other disposition or mortgage or other encumbrance of any unit shall extend to and include such proportionate undivided interest in the common elements, whether or not expressly referred to in the instrument effecting the same. The common elements shall remain undivided and shall not be the object of an action for partition or division. The right of any unit owner to the use of the common elements shall be a right in common with all other unit owners (except to the extent that the master deed provides for limited common elements) to use such common elements in accordance with the reasonable purposes for which they are intended without encroaching upon the lawful rights of the other unit owners. L.1969, c. 257, s. 6, eff. Jan. 7, 1970. 46:8B-7. Invalidity of contrary agreements Any agreement contrary to the provisions of this act shall be void. L.1969, c. 257, s. 7, eff. Jan. 7, 1970. 46:8B-8 Creation, establishment of condominium. 8. A condominium may be created and established by recording in the office of the county recording officer of the county wherein the land is located a master deed executed and acknowledged by all owners or the lessees setting forth the matters required by section 9 of P.L.1969, c.257 (C.46:8B-9) and section 3 of P.L.1960, c.141 (C.46:23-9.11). The provisions of the "Condominium Act," P.L.1969, c.257 (C.46:8B-1 et seq.) shall apply solely to real property of interests therein which have been subjected to the terms of P.L.1969, c.257 as provided in this section. L.1969,c.257,s.8; amended 1973, c.216, s.2; 1997, c.211, s.3. 46:8B-8.1. Establishment of condominium upon land held under lease Nothing in the act to which this act is a supplement shall be construed to prevent the creation and establishment of a condominium as defined in this act, upon land held under a lease by the lessee or creator of the condominium, provided that the master deed required under this act shall be signed, not only by the lessee, but also by the lessor of the land who holds the legal title to the land in fee simple. L.1973, c. 216, s. 3, eff. Aug. 23, 1973. 46:8B-9 Master deed, contents. 9. The master deed shall set forth, or contain exhibits setting forth the following matters: (a) A statement submitting the land described in the master deed to the provisions of the "Condominium Act," P.L.1969, c.257 (C.46:8B-1 et seq.).

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Rules & Statutes of Relevance to New Jersey Professional Land Surveyors & Engineers

July 14th, 2004 Printing

(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 effect