NEW JERSEY REGISTER
VOLUME 34, NUMBER 10
MONDAY, MAY 20, 2002
RULE PROPOSAL

LAW AND PUBLIC SAFETY
DIVISION OF CONSUMER AFFAIRS
STATE BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS
Notice Of Public Hearing And Extension Of Comment Period
Preparation Of Land Surveys; Written Waivers

Proposed Amendment: N.J.A.C. 13:40-5.1(d)

Take notice that on September 17, 2001, the Board of Professional Engineers and Land Surveyors published in the New Jersey Register at 33 N.J.R. 3241(a), proposed amendments to N.J.A.C. 13:40-1.1, 1.2, 1.3, 5.1, 11.3 and 11.8, regarding title blocks and seals, preparation of land surveys, and continuing competency.

Take further notice that on April 18, 2002, the Board decided not to adopt at this time, but leave pending, the proposed amendment to N.J.A.C. 13:40- 5.1(d) to delete the waiver of corner markers provision, due to the number of comments received. The Board will conduct a public hearing on that proposed amendment to N.J.A.C. 13:40-5.1(d) as follows (deletion indicated in brackets [thus]):

"(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:


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.

Dated: __________________ __________________________________________________
                       Purchaser(s)

For the purpose of this section "ultimate user" shall mean, in the case of a transfer of title, the purchaser. 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).

This notation must relate specifically to that plat or plan of survey and may not be included as a preprinted title block, standard form, or other reproducible medium.]"

The public hearing shall be held by the Board as set forth below:

Date: Wednesday May 22, 2002
Time: 9:30 A.M.
Location:
 
 
Morris Conference Room--6th Floor
124 Halsey Street
Newark, NJ 07101

The public hearing shall be conducted by a hearing officer. A verbatim transcript of the hearing will be prepared by a certified stenographic reporter. Interested parties may obtain a copy of the transcript by ordering it directly from the reporter at the hearing or thereafter. Requests to speak should be submitted in writing to William Mandeville, Assistant Executive Director, Board of Professional Engineers and Land Surveyors, PO Box 45015, Newark, NJ 07101 no later than seven calendar days prior to the public hearing. Specific presentation times will be assigned. Individual presentations will be limited to five minutes. (Those who do not preregister to speak will be given an opportunity to speak only if time permits.) Individual speakers are requested to provide a copy of their prepared remarks to the hearing officer on the day of the public hearing.

Take further notice that, in accordance with N.J.A.C. 1:30-5.4(c), the Board is extending the comment period on the proposed amendment to N.J.A.C. 13:40-5.1(d) set forth above to May 22, 2002.

Submit comments by May 22, 2002 to:

William Mandeville, Assistant Executive Director

State Board of Professional Engineers and Land Surveyors

PO Box 45015

Newark, New Jersey 07101



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