[HISTORY: Adopted by the Legislature of the
County of Monroe 12-28-1971 by L.L. No. 6-1971. Amendments noted where
applicable.]
[Amended 6-11-2019 by L.L. No. 6-2019[1]]
The provisions herein contained are for the purpose of establishing
standards for the use of the Monroe County Geodetic Monumentation
Network and for the purpose of maintaining monuments in such network
in order to ensure their continued use as accurate survey markers.
When used herein, unless otherwise expressly
stated, the following terms shall mean:
The horizontal direction of a line.
A point, usually a monument, used primarily to establish
the reference azimuth from a triangulation station.
Any geodetic monument, the location of which has been established
to a high degree of accuracy, and used as a control point to which
surveys of lesser accuracy may be tied.
[Amended 6-11-2019 by L.L. No. 6-2019]
Values designating the location of a point relative to the
location of all other points in a given frame of reference. In this
chapter, only the New York State Plane Coordinate System of 1927 or
1983, West Zone, is intended as the frame of reference.
[Amended 6-11-2019 by L.L. No. 6-2019]
Since any movement of a monument destroys its usefulness,
disturbance of a monument shall be equated with destruction.
Any person, company, corporation or governmental agency or
authority who themselves undertake or who let contracts for a building
project or provide public services in the areas of gas, electric,
telephone, water, transportation or sewers, whether by distribution
or transmission.
The County of Monroe County Surveyor or his or her duly authorized
representative.
[Amended 9-10-1996 by L.L. No. 4-1996,
approved 9-30-1996; 6-11-2019 by L.L. No. 6-2019]
The system of monumented, coordinated points established
by the office of National Geodetic Survey (NGS), formerly known as
the "United States National Ocean Survey" and United States Coast
and Geodetic Survey, and by other governmental agencies and extended
or maintained by the Monroe County Surveyor's Office.
[Amended 6-11-2019 by L.L. No. 6-2019]
The basic framework of points whose horizontal position and
interrelationship have been accurately determined so that the location
of subsidiary work may be precisely related to the network.
A visible distant object such as a water tank, church spire
or smoke stack whose azimuth from a given monument has been previously
established.
Those monuments in the vicinity of a triangulation station
which are placed and carefully tied to the triangulation station for
the purpose of protection and easy recovery of the triangulation station.
A monumented point easily accessible to engineers and surveyors,
and which is a part of the geodetic control network.
[Amended 6-11-2019 by L.L. No. 6-2019]
A point of permanent reference, usually a buried portland
cement concrete mass atop which is fixed an indexed brass marker,
usually located in a relatively isolated, well-protected area, the
location relative to the geodetic control network having been established
by first-order methods to an accuracy of not less than one part in
100,000, by National Geodetic Survey (NGS), formerly known as the
"United States National Ocean Survey" and "United States Coast and
Geodetic Survey."
[Amended 6-11-2019 by L.L. No. 6-2019]
Same as "horizontal control" except that its purpose is to
establish elevation above a common datum (mean sea level or orthometric
height) so that such information on all projects will be related.
[Amended 6-11-2019 by L.L. No. 6-2019]
[Amended 6-11-2019 by L.L. No. 6-2019]
The Director is empowered to and shall review, evaluate and
approve all plans of proposed development, utility installations and
construction within public rights-of-way within the County of Monroe
where a geodetic monument may be involved, or in any area within the
County where a triangulation monument may be involved, and all subdivision
and resubdivision maps to be filed in the Monroe County Clerk's
Office for conformance with the stated purpose and intent of this
chapter.
A.
It shall be the responsibility of the developer to
utilize the Monroe County GIS-based Internet monument web viewer for
monument inventory and record information, or request of the Director
exact information as to the location of monuments in the vicinity
of the project. All traverse monuments which are in or near the right-of-way
encompassed by the project or triangulation monuments and their reference
markers and azimuth marks anywhere within the projects shall be shown
on all plans of the project which shall be submitted to the Director
for approval.
[Amended 6-11-2019 by L.L. No. 6-2019]
B.
It shall be the responsibility of the developer to
protect said monuments in a manner which shall ensure their protection
against damage or destruction in a manner acceptable to the Director.
C.
Where the design of a project is such that a control
monument must be destroyed, a note to that effect shall appear on
the plans submitted for approval to the Director, who shall cause
such monuments to be reset by the developer in such a place or manner
as to ensure their preservation and future usefulness. The monument
must be reset by and under the supervision of a New York State licensed
land surveyor at a location acceptable to the Director and in accordance
with the requirements of the Monroe County Surveyor's Office.
[Amended 6-11-2019 by L.L. No. 6-2019]
[Amended 6-11-2019 by L.L. No. 6-2019]
A.
It shall be the responsibility of the developer to utilize the Monroe
County GIS-based Internet monument web viewer for monument inventory
and record information, or request of the Director exact information
as to the location of monuments in the vicinity of the project to
determine if at least one of two or more monuments, or one monument
with azimuths of record to intersection stations, or one single monument,
is within 5,000 feet of the project, except that where the entire
project involves not more than five residential lots, the maximum
distance is 2,500 feet. The distance from the nearest monument is
the shortest practical route along rights-of-way or through other
public properties. If such survey control exists, the developer shall
tie the boundaries into the horizontal control as established by said
monuments.
B.
The acceptable error in the accuracy of the field survey necessary
to establish the property boundaries and the ties to geodetic monuments,
when employing conventional theodolite or total station terrestrial
positioning survey (TPS) techniques, shall not be greater than one
part in (20,000) (1:20,000) proportional accuracy or a local positional
accuracy (at two sigma, 95% confidence level) not exceeding 0.025
foot.
C.
The acceptable error in the accuracy of the field survey necessary
to establish the property boundaries and the ties to geodetic monuments
when employing global positioning survey (GPS) survey techniques localized
to passive geodetic monuments, must not be greater than one part in
20,000 (1:20,000) proportional accuracy or a local positional accuracy
(at two sigma, 95% confidence level) not exceeding 0.025 foot.
D.
The acceptable error in the accuracy of the field survey necessary
to establish the property boundaries and the ties to geodetic monuments
when employing global positioning survey (GPS) survey techniques to
establish NAD 83 datum must not be greater than one part in 20,000
(1: 20,000) proportional accuracy or a local positional accuracy (at
two sigma, 95% confidence level) not exceeding 0.025 foot and a network
positional accuracy (at two sigma, 95% confidence level) not exceeding
0.05 foot.
E.
For the survey method employed, a certification statement to that
effect by a New York State licensed land surveyor shall appear on
the plat of the survey. A minimum of three corners of the boundaries
of the project shall show the coordinates of said points as reduced
to grid. The coordinates shall be in the New York State Plane Coordinate
System of 1927 or 1983, West Zone, Transverse Mercator Projection,
as established by National Geodetic Survey and expanded by the Monroe
County Geodetic Survey. Datum used for vertical control shall be identified
on the plat.
F.
Where a developer's project involves easements and/or the installation
of underground facilities, the easement boundaries shall be coordinated
and certified to in the same manner as property boundaries. Record
plans must include coordinates of the beginning, the end and all points
where a change of direction occurs in the underground facility and
be surveyed and certified to in the same manner as property boundaries.
The survey shall be of sufficient accuracy to assure maximum safety
to those facilities when additional facilities are installed nearby.
The Director shall prescribe orders of procedure,
rules and regulations and issue technical criteria to carry out the
purpose and intent of this chapter. A copy of such orders, rules,
regulations and criteria shall be filed with the Clerk of the County
Legislature and shall be available for inspection to the public.
[Amended 6-11-2019 by L.L. No. 6-2019]
Wherever it appears, in accordance with the provisions of this
chapter, that geodetic survey monuments installed or employed by the
County of Monroe that are part of the geodetic control network are
in danger of being damaged, destroyed or removed by the developer,
the Director may require a security deposit in the amount of $3,000
per monument to be posted with and approved by the Director, said
security deposit to be subject to forfeiture if, in the opinion of
the Director, there is adequate proof that the provisions of this
chapter have been violated. The Director may issue notices and stop-work
orders with respect to acts of violation during the progress of any
project. No plat shall be filed in the office of the Monroe County
Clerk unless the provisions of this chapter have been complied with
and such compliance is noted in writing by the Director.
[Amended 6-11-2019 by L.L. No. 6-2019]
A.
Any violation of or nonconformance with any provision of this chapter,
or of any rule, regulation, order or special direction duly made thereunder
shall constitute an offense punishable for each offense by a fine
not exceeding $3,000 or by imprisonment for each offense not exceeding
150 days, or by both such fine and imprisonment.
B.
Any developer violating or failing to comply with any provision of
this chapter or any order made pursuant thereto shall be responsible
for any damages resulting therefrom to geodetic survey monuments,
installed or employed by the County of Monroe or National Geodetic
Survey, that are part of the geodetic control network. This money
may be collected by civil action in the City Court of the City of
Rochester, the County Court of the County of Monroe or the Supreme
Court of the State of New York. Obedience to this chapter may also
be enforced by injunction. Every day of such violation or failure
may be held to constitute a separate offense. Nothing herein contained
shall be construed to exempt an offender from any other prosecution
or penalty provided by law.
A.
There shall be created a Board of Appeals to consist
of three members who shall be appointed by the County Executive and
who shall serve at the County Executive's pleasure. Such members
shall be land surveyors duly registered to practice land surveying
within the State of New York.
[Amended 6-11-2019 by L.L. No. 6-2019]
B.
Any decision made by the Director pursuant to this
chapter shall be submitted to review by the Board of Appeals upon
written petition filed by the aggrieved party. Such petition shall
be served on the Director and the Clerk of the County Legislature
within 30 days of receipt of the disputed decision. The Board is empowered
to establish rules of order and regulations pursuant to which it will
carry out its functions as a review board.
