P.L. 1997, CHAPTER 211, approved August 18, 1997
Assembly, No. 1975 (Second Reprint)
An Act concerning the approval and filing of maps and amending P.L.1960, c.141 2and P.L.1969, c.2572.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 2 of P.L.1960, c.141 (C.46:23-9.10) is amended to read as follows:
2. Definitions. As used in this act:
a. "Map" means a map, plat, condominium 2[plat] plan2, 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 [chapter 130 of the laws of 1957] 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" within the intent of this act shall mean a person, who[, as a result 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 technical experience,] is qualified to practice professional engineering and as attested by his license as a professional engineer as provided by subsection a. of P.L.1938, c.342 (C.45:8-28).
d. The term "Land Surveyor" as used in this act shall mean a
person who [by reason of his special knowledge of the mathematical sciences, the principles of determining and establishing accurate field measurements by means of land surveying procedures, the law pertaining to land; and the methods whereby land boundaries are so marked, defined and described, that they remain forever fixed, all acquired by professional training and experience,] is qualified to practice land surveying, and as attested by his license as a land surveyor as provided by subsection d. of P.L.1938, c.342 (C.45:8-28).
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 right of way property parcel map of the State, county or municipality which shows highways, roads or street takings and any associated easements.
g. "Entire tract" means all of the property that is being subdivided including lands remaining after subdivision.
h. 2["Survey easement" means an area surrounding the permanent monumentation set or to be set in accordance with this act to permit access] "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.2
(cf: P.L.1960, c.141, s.2)
2. Section 3 of P.L. 1960, c.141 (C.46:23-9.11) is amended to read as follows:
3. Requirements for Approval.
All subdivision plats, both major and 1where required1 minor, 2[condominium plats,]2 right of way parcel maps of the State, county or municipality, shall be filed in accordance with the provisions of P.L.1960, c.141 (C.46:23-9.9 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 2[q.] r.2 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.
2A 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.2
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 [translucent cloth,] photographic fixed line mylar 4 mils thick with signatures in black ink or its equivalent and shall be accompanied by a cloth print [duplicate] or photographic fixed line mylar 1[.004 mm.] 4 mils1 thick duplicate thereof.
b. It shall be 1 of  6 standard sizes namely, 8 1/2" x 13", 30" x 42", 24" x 36", 11" x 17", 18" x 24" or 15" x 21" as measured from cutting edges. If 1 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. Non-tangent 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. A minimum of three corners distributed around the tract shall indicate the coordinate values.
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 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. 2[On right of way parcel maps, all easements that 1[effect] affect1 the right of way shall be shown and dimensioned including but not limited to slope easements and drainage easements.]2
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. The outside tract line monuments of the original tract prior to any sectionalizing shall be set prior to the filing of the map and a certification added pursuant to subsection n. of this section. For purposes of this subsection "found corners" shall be considered monuments.
[j.] 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 [width of streets and minimum area and lot dimensions] street widths, minimum lot areas and minimum yard dimensions and should be shown as a chart on the plat.
[k.] l. The name of the [map] subdivision, name of the last property owner or owners, municipality and county shall be shown.
[ l.] 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.
[m.] n. There shall be endorsed thereon a certificate of a land surveyor, as follows:
I hereby certify that to the best of my knowledge and belief this map and land survey dated meets the minimum survey detail requirements 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 monuments 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.
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, promulgated by the State Board of Professional Engineers and Land Surveyors and that the outbound monuments as shown have been found 1[as] or1 set.
Licensed Professional Land Surveyor and No.
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)
If interior monuments are to be set at a later date, the following requirements and endorsement shall be shown on the map.
The interior 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.
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.
[n.] 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 ordinances and requirements applicable thereto.
[o.] 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.
[p.]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.
[q.] r. Monuments are required on one side of the right of way only and shall be [of hard] of metal detectable durable material at least 30 inches long. The top and bottom shall be a minimum of 4 inches square2[,];2 if concrete, however it may be made of other durable metal detectable material 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 interior 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 1 side of a street being established by the map under consideration.
(3) At 1 corner formed by the intersection of the right-of-way lines of any 2 streets at a T-type intersection.
(4) At any 2 corners formed by the right-of-way lines of any 2 streets in an "X" or "Y" type intersection.
(5) If the right-of-way lines of 2 streets are connected by a curve at an intersection, monuments shall be as stipulated in (3) and (4) [above] of this subsection at 1 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. [This requirement shall be applied to only 1 side of a street and complete]Complete curve data as indicated in subsection d. of this section shall be shown on both sides [; namely, radius, length of curve and subtended angle].
(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.
(11) 2[A survey easement of a five foot radius shall be created around the monuments as shown on the map. It is not the intent of this regulation to require the purchase of additional easement areas] 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 landowner2.
(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 1[minimum of two monuments] monument1 shall be set at each intersection of 1[the] an1 outside boundary of the newly created lot(s) with the right of way line of any side of an existing street.
(cf: P.L.1960, c.141, s.3)
23. Section 8 of P.L.1969, c.257 (C.46:8B-8) is amended to read as follows:
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 [this act] P.L.1969, c.257 (C.46:8B-9) and section 3 of P.L.1960, c.141 (C.46:23-9.11). [This act ] 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 [this act] P.L.1969, c.257 as provided in this section.2
(cf: P.L.1973, c.216, s.2).
24. Section 9 of P.L.1969, c.257 (C.46:8B-9) is amended to read as follows:
9. The master deed shall set forth, or contain exhibits setting forth the following matters:
(a) A statement submitting the land described in [such] the master deed to the provisions of [this act] 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 [land and plans or other graphic description of the improvements erected or to be erected thereon] condominium property in sufficient detail to show and identify common elements, each unit and their respective locations and approximate dimensions. [Such] The plans [or other graphic description] shall bear a certification by [an] a land surveyor, professional engineer or architect authorized and qualified to practice [his profession] in this State setting forth that [such] 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 [such] unit. [Such] These interests shall in each case be stated as percentages aggregating 100%.
(h) The voting rights of unit owners.
(j) A method of amending and supplementing the master deed, which shall require the recording of any [such] amendment or supplement in the same office as the master deed before it shall become effective.
(k) The name and nature of the association and if [such] 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 [such] the association.
(l) The proportions or percentages and manner of sharing common expenses and owning common surplus.
(m) [Such] Any other provisions, not inconsistent with [this act] 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 [such] restriction or limitation shall be otherwise permitted by law) and limitations upon the use of common elements.2
(cf: P.L.1969, c.257, s.9)
2[3.] 5.2 This act shall take effect immediately.
Amends the "Condominium Act" and "the map filing law."