njspls surveyor’s conference atlantic city, nj february...legal services and stewardship...
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NJSPLS Surveyor’s Conference‐Atlantic City, NJFebruary 2017
Mark Ashton, PLS Green Acres –Survey and Title Review
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Mark Ashton, PLSProfessional Land Surveyor, NJ & NY
Contact Information:
New Jersey Department of Environmental Protection
Green Acres Program
Survey and Title Review Section
501 East State Street
P.O. Box 420
Trenton, NJ 08625‐0420
609‐984‐0496
GOALS OF THIS SEMINAR• Acquaint surveyors with the Green Acres program
• Familiarize with Green Acres survey specifications
• Surveyors can know what is expected and prepare fees accordingly
• Eliminate need for multiple revisions and subsequent cost overruns
• Inform surveyors about opportunities to perform Green Acres surveys
• Provide information/sources regarding obtaining existing Green Acres survey maps
• Discuss survey requirements and preparation for wetlands mapping
GREEN ACRES MISSION
“To achieve, in partnership with others, a system of interconnected open spaces whose protection will preserve and enhance New Jersey’s natural
environment and its historic, scenic, and recreational resources for public use and
enjoyment.”
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LAND PRESERVATION IN NEW JERSEY THROUGH THE YEARS
NJ Department of Conservation And Economic Development
1940’s through 1950’s
Green Acres created in 1961Part of Department of Environmental Protection
Division of Natural and Historic Resources
GREEN ACRES PROGRAM AREASState Land AcquisitionState purchases and donations
Inland Blue Acres
Local/Nonprofit AssistanceMunicipalities, Counties, Nonprofit
Coastal Blue Acres
Legal Services and StewardshipRecreation and Open Space Inventories (ROSI)
Diversions
Planning and Information ManagementSurvey, GIS, Planning Guidance
Office of Natural Resource Restoration
NJ Trails Program
GREEN ACRES FUNDINGInitial Funding 1961
$60 million
Bond ActsBetween 1961 and 1995 voters approved 9 Green Acres bond acts
totaling $1.4 billion
1998 voters approved Garden State Preservation Trust
• $98 million per year for 10 years
2007 Bond Act
• $109 million Green Acres
• $12 million Blue Acres
2009 Bond Act
• $218 million Green Acres
• $24 million Blue Acres
Voters approved EVERY Bond Act demonstrating desire for additional open space
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CORPORATE BUSINESS TAX (P.L.2016 C 12 CBT) “Preserve New Jersey Act”
Steady source of funding
4% of CBT increasing to 6% in 2021
• 71% of the 4% through 2019
• 78% of 6% in 2020 and thereafter
• Other Departments in NJDEP getting remaining 29% (22% in 2020)
Funding level is significantly lower and divided among additional groups
• Green Acres 60%
• Blue Acres 4%
• NJ Farmland Preservation 31%
• Historic Preservation 5%
GREEN ACRES TO DATE680,000 Acres preserved
New Jersey's Open Space Acreage Summary
Acres Percent
Federal 114,527 7.65%
State 795,384 53.12%
Local‐County Government 220,950 14.76%
Nonprofit 78,988 5.28%
Farmland* 221,229 14.78%
Pinelands Development Credits** 51,929 3.47%
Other 14,229 0.95%
Total 1,497,235 100.00%
NOTES:
Does not include all donated lands or all lands funded by local trust funds
Sources: Green Acres Program, SADC, NPS, USFWS. Unassisted non profit and locally preserved lands
are not included in acreage totals.
As of 12/31/2015* Farmland as of 4/22/2016** Pinelands Development Credits 6/30/2015
WHY GREEN ACRES NEEDS SURVEYSTo insure we have all the information and documents
needed to complete the acquisition, recording, funding
and monitoring .
Information NeededSurvey Plan
Accurate Description
Legend of Acquisition
Parcel Area Summary
Digital Files for GIS
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HOW GREEN ACRES USES SURVEYSTo assess value and utility of a property
• Any encroachments? Where? What kind?• Any unrecorded uses? What kind?• Current use of the site and facilities• Overlaps or gores in ownership claims?• Net area of Green Acres encumbrance• Proximity to other open space? Access?
CATEGORIES OF GREEN ACRES SURVEYSState Acquisition Surveys• State/NJDEP acquiring property fee simple
• State/NJDEP acquiring an easement on property
Local/Nonprofit Acquisition Surveys• Local/nonprofit acquiring property with Green Acres funding assistance
• Surveyors are contracted by the local agency
Diversions/Replacements• Land already encumbered by Green Acres restrictions being diverted for use
not compatible with Green Acres restrictions.
Environmental Infrastructure Funding Prpogram (EIFP)• Land acquired that provides a water quality benefit.
• Specific restrictive covenants.
STATE ACQUISITION SURVEYS• State/NJDEP acquiring property fee simple either by
purchase or donation.
• State/NJDEP acquiring easement over all or portion of a
property.
• Survey contract is bid to surveyors on the term contract
list.
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EXCEPTIONS to STATE ACQUISITIONS• State sometimes does not purchase an entire parcel
• Portion remaining is an exception to the purchase (or
easement)
• State is not required to file a subdivision plan since it is
not subject to Municipal Land Use Laws
• In the description, describe the entire parcel and then
qualify it by saying “excepting…” and describe the
exception parcel by metes and bounds also.
• Corner markers must be set on exception corners too
• Exception areas often require surveyor to visit site to
review exception limits
LOCAL/NON‐PROFIT ACQUISITION SURVEYS
• State/NJDEP provides funding for property acquisition
but does not take title to the property.
• Survey contract is with by local entity
• Municipality
• County
• Non‐profit agency
EXCEPTIONS to GREEN ACRES ENCUMBRANCE on LOCAL/NON_PROFIT
ACQUISITIONS• Areas in right‐of‐way• Bridge maintenance and construction easements
o Considered part of road R.O.W.
• Areas of overlap• Areas of encroachment• Areas of tideland claims
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DIVERSIONS• The use, or allow the use, or control of parkland for other than outdoor recreation and conservation purposes.
• Strongly discouraged• Must be a compelling public need or yield a significant public benefit
• Requires NJDEP Commissioner and State House Commission approval
• Applications and case management handled by Legal Services and Stewardship
DIVERSION/REPLACEMENT SURVEYS
• Same general requirements as State Acquisition surveys
• Each diversion has it’s own unique circumstance that affects what needs to be shown on the survey.
• Survey of property being diverted and survey of replacement lands
• Survey does not necessarily need to include the outbound of the total parcel but needs to include ties to the overall outbound
• Use specific SHC Surveyor’s Certification Form
CATEGORIES OF DIVERSIONS
Minor Diversion• Easement‐Either surface or subsurface less than one acre
• Disposal of up to ½ acre fee simple
Major Diversion• Easement‐Either surface or subsurface over one acre
• Disposal of over ½ acre fee simple
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EXAMPLES OF DIVERSIONS(BUT NOT LIMITED TO)
• Bridges• Through Roads or other Transportation Improvements• Public or Private Utility Easements (surface or subsurface)• Communication Towers, Antennas• Billboards• Municipal Buildings• Libraries• Emergency Service Facilities• Well houses or Water towers• Solid Waste Facilities• Deposit of Dredge Spoils• Storm water Management Facilities• Indoor Recreation Facilities
GREEN ACRES SCOPE OF SURVEY SERVICES• Incorporates NJSA 45:8‐27 and NJAC 13:40‐1.1 et seq• Supplemented by ALTA/ACSM Land Title Survey Requirements
• 2013 Scope of Survey Services are posted on Green Acres website
• 2017 Scope of Survey Services will be updated and available summer of 2017
• Requirements differ between State acquisition surveys and local/non‐profit surveys
• With very few exceptions for specific requirements, ANY project in which Green Acres participates should comply
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GREEN ACRES SCOPE OF SURVEY SERVICES‐KEY ITEMS
• New Jersey State Plane Coordinate System (1983) for all bearings and coordinate values
• Field work• Monuments, corner markers and line markers• Survey plan requirements• Description format and required elements• Deliverables• With very few exceptions for specific requirements, ANY project in which Green Acres participates should comply
SURVEYOR’S RESPONSIBILITY FOR RESEARCH
• All state and local/non‐profit projects must have a title reporto State acquisitions‐provided by Green Acreso Local/non‐profit‐provided by contracting entity
• All adjoining properties including owner name, deed book and page must be shown on the plan
• Determining boundary by adjoining property as last resort• Investigating “ultimate right‐of‐way width” for local/non‐profit projects
o Municipality master plano Avoid the need for a diversion for future widening
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FIELD WORK
• Whenever possible traverse lines should be run upon property being surveyed
• Painting and flagging should be kept to minimum• Include locations or any prior or current earth moving, dumping, or clearing.
• Notification to property owner, adjoiners and managing entity (Parks and Forestry Fish and Wildlife, etc.)
• Establishing coordinate datum• Don’t just assume adjoining survey coordinates (if any) are correct
GPS/COORDINATE DATUM• Surveyors are expected to establish their own coordinates (NAD/83)o Coordinates on existing surveys of adjoining
property can be, and often are, incorrect.o Current GPS techniques are typically much
more accurate than older surveys• Proof the coordinates with orthophotography• Grid to Ground conversion
o Use centroid of project areao Do not use scale factor multiplying
coordinates
WATER ELEMENTS • Riparian Lands
o Exclude from Green Acres encumbranceo Unless a riparian grant exists
• Navigable Fresh Watero Exclude from Green Acres encumbrance
• Floodplains –not applicable unless requested• Wetlands‐not applicable unless requested• Other areas under water‐report but include in Green Acres encumbrance
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BOUNDARIES ALONG WATER
• Riparian claim lines (NJ Tidelands)• Area under non‐tidal but navigable water• Include a tie bearing and distance (multiple if necessary) from one end of water boundary to the other.
• Offset corner markers from water edge• Respect calls in deed
o Centerlineo Bank
KEY ELEMENTS OF SURVEY PLAN• Legend of Acquisition
o Template available on Green Acres website• Green Acres certification language• Table of grid and ground coordinates• North arrow, preferably north oriented to top of page• Location map (USGS quadrangle)• Monument and capped corner marker details• Adjoining property owner names, deed book and page• Right‐of‐way width
o If variable width, dimension from centerline to R.O.W. of PQ
• Graphic scale
LEGEND OF ACQUISITION
• Template available on Green Acres website• Must be shown on the plan• List individual lots separately• Include information about exceptions listed in Title Report Schedule B Section 2
• Same information is included on Surveyor’s Certification Form
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PLAN CERTIFICATIONI HEREBY CERTIFY TO (seller name)AND TO THE PURCHASER, STATE OF NEW JERSEY AND ON BEHALF OF THE PURCHASER, TO THE PURCHASER'S TITLE INSURER, (name of title company) THAT THIS PLAN, SURVEY AND CORRESPONDING METES AND BOUNDS DESCRIPTION HAVE BEEN PREPARED UNDER MY IMMEDIATE SUPERVISION IN ACCORDANCE WITH A WRITTEN CONTRACT WITH NJDEP; THAT THIS PLAN IS A CORRECT AND ACCURATE REPRESENTATION OF CONDITIONS EXISTING AS OF 04‐20‐2016, SUBJECT TO SUCH NOTES AS MAY APPEAR HEREON.
I DO FURTHER CERTIFY THAT THE MONUMENTS AS DESIGNATED AND SHOWN HEREON HAVE BEEN SET.
TABLE OF GROUND COORDINATES"CORNER MARKER COORDINATE TABLE"
PROPERTY CORNER MARKER NO.
DESCRIPTION
NJSPCS GRID COORDINATES NAD 83 (2011) SYSTEM GROUND
COORDINATESGEOGRAPHIC COORDINATES
NORTH EAST NORTH EAST LATITUDE LONGITUDE
1 IRON PIN (SET) 547409.093' 442612.268' 547409.158' 442612.317'40.20'1 0.1" 074.40'39.4"
2 CONC. MON. (SET) 547344.324' 442707.289' 547344.377' 442707.343'40.20'09.5" 074.40'38.2"
3 CONC. MON. (SET) 547223.227' 442898. 991' 547223.256' 442899.057' 40.20' 08.3"074.40'35. 7"
4 IRON PIPE (FOUND) 547183.127' 442970.507' 547183.147' 442970.578 40.20' 07.9" 074.40'34.8"
5 IRON PIN (FOUND 546985.978' 442806.961' 546985.988' 442807.004' 40.20'05.9" 074.40'36.9"
6 NAIL (FOUND) 547113.211' 442648.808' 547113.243' 442648.843' 40.20' 07.2" 074.40'38.9"
7 IRON PIN (FOUND) 547240.659' 442498.615' 547240. 713' 442498.641' 40.20' 08.5" 074.40'40.9"
8 CONC. MON. (SET) 547275.868' 442531.231'N547275.924'
442531.263' 40.20' 08.8"074.40' 40.5"
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CORNER MARKERS• Green Acres as “ultimate user”• Three monument minimum requirement• All outbound corners must be marked where not
interior to ultimate NJDEP ownership• Existing corner markers
o An existing marker within 1.5’ radius of true corner is considered marked
o Plan should define dimensions from marker to corner and be included in description
• Photographs of corner markers• Table of Ground Coordinates of all true corners on
plan
OVERLAPS AND GORES
• Overlaps and gores must be identified on the
survey plan and delineated with metes and
bounds.
• Overlaps are purchased on State acquisitions but
not encumbered on local/non‐profit surveys
• Include metes and bounds of overlap in description
• Separate description of gore areas
• State sometimes tries to obtain by quit claim
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ENCROACHMENTS• All encroachments must be clearly drawn, labeled
and dimensioned.
• Encroachments include sheds, buildings, decks, areas
of adverse use (stone parking areas, mowed lawns)
• Encroachments must be removed or excluded from
encumbrance on local/non‐profit projects.
DESCRIPTIONS• Must be on company letterhead
• Use format including opening and closing
paragraphs as specified in the Scope of Survey
Services
• Include calls to all corner markers either set or
found in the appropriate course
• Passing calls
• Augmenting clauses
o “Subject to”
o “Together with”
o “Excepting therefrom”
• Recite areas –area summary
SURVEYOR’S CERTIFICATION FORM
• Different forms for State, local/non‐profit and State
House Commission (diversions/replacements)
• Similar data as Legend of Acquisition on plan
• Used internally for record keeping purposes
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NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION GREEN ACRES PROGRAM
STATE LAND ACQUISITION PROGRAM SURVEYOR’S CERTIFICATION AND SUMMARY FORM
PROJECT INFORMATION
PROJECT NAME:__________________________________________________________
GREEN ACRES SOURCE OF FUNDING/ PROJECT NUMBER:____SA-_______-__________
GREEN ACRES PARTICIPATION ACRES THIS FUNDING SOURCE:___________________
SELLER’S NAME:_________________________________________________________
MANAGING AGENCY/ENTITY:________________________________________________
ACQUISITION PARTNER:___________________________________________________
PROJECT NAME:__________________________________________________________
GREEN ACRES SOURCE OF FUNDING/ PROJECT NUMBER:_________________________
GREEN ACRES PARTICIPATION ACRES THIS FUNDING SOURCE:___________________
ACQUISITION PARCEL INFORMATION
BLOCK:_____ LOT:_____ MUNICIPALITY:______________ COUNTY:_____________
ENTIRE__ or PART__ (OF LOT) FEE___ PERCENT of LOT:___ ACRES:_______
EASEMENT___ TYPE OF EASEMENT______________
BLOCK:_____ LOT:_____ MUNICIPALITY:______________ COUNTY:_____________
ENTIRE__ or PART__ (OF LOT) FEE___ PERCENT of LOT:___ ACRES:_______
EASEMENT___ TYPE OF EASEMENT______________
ACQUISITION SURVEY INFORMATION
PREPARED FOR :___NJDEP GREEN ACRES PROGRAM______________________________
SURVEY FIRM:______________________________________ CONTRACT No._S-__________
SURVEYOR:________________________________________ NJPLS No._______________ DATE ON SURVEY PLAN:______ DATE SIGNED:______ DATE LAST REVISED:_______
ACQUISITION TITLE INFORMATION
TITLE COMPANY___________________________________________________________________
COMMITMENT No._______________________ DATE OF COMMITMENT_______________
DEED USED FOR REFERENCE:________________________________________________
CERTIFICATION
I hereby certify that I have completed the above survey(s) in accordance with the Green Acres Survey Guidelines contained in a written contract as indicated. Based upon an actual field survey and my examination of evidence, the above parcels consist of a total surveyed area of _________acres subject to the following:
EASEMENTS______________________________________________________________
RESTRICTIONS___________________________________________________________
CONDITIONS_____________________________________________________________
PUBLIC ROAD______AC. CLAIMED NJ TIDELANDS ____AC. CLOUDED TITLE ____AC.
UNDERWATER_____AC. ENCROACHMENTS: YES___NO___ # OF DESCRIPTIONS:___
____________________________________ __________________________________
SURVEYOR’S SIGNATURE, DATE & SEAL REVIEW BY GREEN ACRES, NJDEP
NET AREA OF ENCUMBRANCE DETERMINED BY GREEN ACRES_____ AC.
DELIVERABLES/SURVEY REVIEWPreliminary Review
Hardcopies of:
o Survey Plan
o Parcel summary
o Description
o Surveyor’s Certification form
o Review comments sent via e‐mail If submittal is significantly deficient comments will refer the
surveyor to Green Acres Standard of Survey Services only.
Incomplete/non‐compliant submittals affects evaluations for
term contracts.
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DELIVERABLES/SURVEY REVIEWFinal Review
Full set of survey deliverables (See checklists)
o Survey Plans
15 copies State acquisition
2 copies local/non‐profit acquisitions
o Parcel summary
o Description(s)
15 copies State acquisition
2 copies local/non‐profit acquisitions
o Surveyor’s Certification form
o Digital Files
DIGITAL FILES Signed pdf copy of survey plan
Description in Word format
Dwg file of survey plan in model space
DXF file of line work pertaining to
boundaries, easements, R.O.W. etc. ONLY No text
No symbols/nodes
TECHNICAL REQUESTS FOR BIDS ‐ STATE ACQUISITIONS
Projects are bid by region.
3 firms from each region selected to bid on a
rotating basis.
Technical request describes project with any
particular unique requirements depending on the
project.
Title report and adjoining surveys, if any, provided
upon contract award
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CONTRACTING GREEN ACRES SURVEY WORK
State Acquisitions Surveying firms must be pre‐qualified through Department of Property
Management and Construction (DPMC) to be solicited for a Statement of
Qualifications for Green Acres contracts
Contracts run 2 years
Next contract cycle will be in 2017
Three regions
Northern Region‐Bergen, Essex, Hudson, Morris, Passaic, Somerset,
Sussex, Union, Warren
Central Region‐Mercer, Middlesex, Monmouth, Hunterdon
Southern Region‐Atlantic, Burlington, Camden, Cape May,
Cumberland, Gloucester, Ocean, Salem
Any survey contract that is estimated to exceed $36,000 is
bid directly through DPMC
EVALUATING TERM CONTRACT RFP RESPONSES Timely response, delivered to correct location
Inclusion and completeness of mandatory items
Detailed written narrative of survey process
Responsiveness to State needs
Previous experience and past performance
CONTRACTING GREEN ACRES SURVEY WORK
Local/non‐profit Acquisitions
Surveyors are contracted by the local agency.
Survey are reviewed by Green Acres and must meet Green Acres
requirements before funding is approved.
Surveyor should ask whether project is for Green Acres before
performing work.
o Affects survey requirements
o Avoids potential cost overuns
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OBTAINING PRIOR GREEN ACRES SURVEYS
• Prior Green Acres surveys can be obtained by
contacting Mark Ashton
• Not all NJDEP lands purchased have surveys
• Recreation and Open Space Inventories (ROSI)
• Counties and municipalities
• Best to e‐mail marked up copy of tax map
with lots that are being requested.
ADDITIONAL SOURCES FOR PRIOR SURVEYS
NJ Division of Parks and Forestry (Bob Opacki 609‐633‐7585)
NJ Division of Fish and Wildlife (Lisa Carben 609‐984‐0547)
NJ Agricultural Development Committee (609‐984‐2504)
NJ Natural Lands Trust (609‐984‐1339)
NJ Water Supply Authority (908‐685‐0315)
Local and Nonprofit Agencies
BLUE ACRES Bond Act of 2007 authorized $12 million for acquisition of lands in the
floodways of Delaware River, Passaic River and Raritan River
Bond Act of 2009 authorized an additional $24 million
Superstorm Sandy Blue Acres
Christie administration authorized $300 million of federal funding to be allocated
o FEMA
o US Housing and Urban Development Community Block Grants
o US Department of Agriculture
o Green Acres
Goal 1,300 homes in flood prone areas to be purchased
Program launched in May 2013
To Date (10‐31‐2016)
o 814 offers (pre Sandy appraisal values)
o 634 offers accepted
o 544 closings
o 417 demolitions
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BLUE ACRES RFP/BIDSAlmost all Blue Acres Projects Bid through Department of Property Management and Construction (DPMC)
Survey firms must be pre‐qualified with DPMC
Selection of firms to propose is randomly computer
generated from pre‐qualified list
Projects are managed by Green Acres
BLUE ACRES PROJECT REQUIREMENTS
Same general requirements as Green Acres surveys (per
parcel)
Composite map
Mosaic of all parcels
Will include corner markers and coordinate table
Ultimately the project survey of record
Projects are managed by Green Acres
Links:http://www.nj.gov/dep/greenacres/index.html
http://www.nj.gov/dep/greenacres/survey/scope.html
http://www.state.nj.us/dep/greenacres/survey/pdf/2013_survey_scope.pdf
http://www.state.nj.us/treasury/dpmc/prequal_process.shtml