Saratoga County, NY
 
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[HISTORY: Adopted by the Board of Supervisors of Saratoga County 8-13-1973 by L.L. No. 2-1973. Amendments noted where applicable.]
GENERAL REFERENCES

Uniform construction codes — See Ch. 158.

§ 186-1
Title. 

§ 186-2
Purpose and intent. 

§ 186-3
Definitions. 

§ 186-4
Applicability. 

§ 186-5
Preservation of geodetic monuments. 

§ 186-6
Use of geodetic network. 

§ 186-7
Rules and regulations prescribed by Director. 

§ 186-8
Enforcement. 

§ 186-9
Penalties for offenses. 

This chapter shall be known as the "Saratoga County Geodetic Survey Monumentation Law."

The provisions herein contained are for the purpose of establishing standards for the use of the Saratoga County Geodetic Survey Monumentation Network and for the purpose of maintaining monuments in such network in order to insure their continued use as accurate survey markers.

When used herein unless otherwise expressly stated, the following terms shall mean:

AZIMUTH
The horizontal direction of a line.
AZIMUTH MARK
A point, usually a monument used primarily to establish reference azimuth from a triangulation station.
CONTROL OR GEODETIC MONUMENT
Any 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.
COORDINATES
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 (East Zone) Plane Coordinate System is intended as the frame of reference.
DESTRUCTION OF A MONUMENT
Since any movement of a monument destroys its usefulness, disturbance of a monument shall be equated with destruction.
DEVELOPER
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.
DIRECTOR
The Saratoga County Director of Real Property Tax Services, or his duly authorized representative.
GEODETIC CONTROL NETWORK or NETWORK
The system of monumented, coordinated points established by the office of the United States National Oceanic and Atmospheric Administration, formerly known as the "United States Coast and Geodetic Survey," and by other governmental or private agencies and extended or maintained by Saratoga County.
HORIZONTAL CONTROL
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.
INTERSECTION STATION
A visible distant object such as water tanks, church spires, smoke stacks, etc., whose Azimuth from a given monument has been previously established.
REFERENCE MARKERS
Those monuments in the vicinity of a triangulation station which are placed and tied to the Triangulation Station for the purpose of protection and easy recovery of the triangulation station.
TRAVERSE STATION OR MONUMENT
A monumented point easily accessible to engineers and land surveyors, and which is a part of the geodetic control network. The location of Traverse Stations can be expected to be determined to an accuracy of not less than one part in 50,000.
TRIANGULATION STATION OR MONUMENT
A point of permanent reference, usually a buried portland cement concrete mass atop of 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 the United States National Oceanic and Atmospheric Administration, formerly known as the "United States Coast and Geodetic Survey."
VERTICAL CONTROL
Same as horizontal control, except that its purpose is to establish elevation above a common datum (mean sea level) so that such information on all projects will be related.

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 Saratoga where a geodetic monument may be involved, or in any area within the County where a triangulation monument may be involved, for conformance with the stated purpose and intent of this chapter.

A. 

It shall be the responsibility of the developer to request of the Director exact information as to the location of monuments in the vicinity of his project. All traverse monuments which are in or near any 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 his approval.

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 monument to be reset by the Saratoga County Geodetic Survey Office in such a place of manner as to ensure its preservation and future usefulness.

D. 

The total cost of resetting the monuments and necessary survey work to integrate the reset monuments into the Saratoga County Geodetic System shall be borne by the developer involved.

The following requirements are based on the presumption that geodetic control monument networks have been completed in the project area. In cases where such networks are underway or incomplete, the following requirements or applicable portions thereof may be waived by the Director at his discretion.

A. 

It shall be the responsibility of the developer to determine if at least one of two or more intervisible monuments, or one monument with azimuths of record to intersection stations, is within 2,500 feet of his project, except that where the entire project involves not more than five residential lots, the distance shall be 1,200 feet. If such survey control exists, he shall tie his boundaries into the horizontal control as established by said monuments. The acceptable error in the accuracy of the field work necessary to establish the boundaries and the ties shall be not greater than 1:10,000. A certification statement to that effect shall appear on the plat of the survey. All angle points of the boundaries of the project shall show the coordinates of said points as reduced to sea level. The coordinates shall be in the New York State Plane Coordinate System, East Zone, as established by the United States Coast and Geodetic Survey and expanded by the Saratoga County Geodetic Survey. Datum used for vertical control shall be identified on the plat.

B. 

Where a project involves easements and/or the installation of underground facilities, the easement boundaries shall be coordinated in the same manner as property boundaries. As-built maps shall include coordinates of the beginning, the end and all points where a change of direction occurs in the underground facility, and shall be of sufficient accuracy to assure maximum safety to those facilities when additional facilities are installed nearby. Where a project includes the building of internal roads, all monumented corners of the rights-of-way shall be coordinated and shown on the plat.

The Director shall prescribe orders of procedure, rules, regulations and criteria which shall be filed with the Clerk of the County Board of Supervisors and shall be available for inspection to the public.

Wherever it appears, in accordance with the provisions of this chapter, that geodetic survey monuments installed or employed by the County of Saratoga are in danger of being damaged, destroyed or removed by a developer, the Director may require a bond in the amount of $1,000 per monument to be posted with and approved by the Director, said bond 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, or where nonconformance with the stated purpose and intent of this chapter is apparent or likely. No plat shall be filed in the office of the Saratoga County Clerk unless the provisions of this chapter have been complied with and such compliance is noted in writing by the Director. Failure of the Director to act within 30 days of the filing with him shall automatically operate as an approval, which may be established by affidavit.

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 $500 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 Saratoga. This money may be collected by civil action in any Town Justice Court, the City Court of the City of Saratoga Springs, or City of Mechanicville, the County Court of the County of Saratoga or the Supreme Court of the State of New York. Obedience to the law 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.