The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them under this section, except where the context clearly indicates a different meaning:
(1) ”Board” shall mean the State Board of Professional Land Surveyors established in this chapter.
(2) ”Division” shall mean the State Division of Professional Regulation.
(3) ”Excessive use or abuse of drugs” shall mean any use of narcotics, controlled substances or illegal drugs without a prescription from a licensed physician, or the abuse of alcoholic beverage such that it impairs a person’s ability to perform the work of a professional land surveyor.
(4) ”Person” shall mean a corporation, company, association and partnership, as well as an individual.
(5) ”Practice of land surveying” shall mean professional services or work involving special knowledge and application of the principles of mathematics and related sciences and the relevant requirement of law in connection with the use and development of land, as described herein:
a. The act of measuring, locating, establishing or reestablishing corners, lines, boundaries, angles, elevations, contours and natural and manmade features in the air, on the surface or subsurface of the earth, within underground workings and on the beds or surface of bodies of water for the purpose of determining or establishing facts of size, area, shape, topography, tidal datum planes, legal or geodetic location or relocation and orientation of improved or unimproved real property and appurtenances thereto;
b. The horizontal and vertical control for aerial surveys and photogrammetric compilation; Global Positioning System Surveying (GPS), as related to boundary surveying and as defined as determining the horizontal and vertical location of an object on the earth’s surface with respect to the center of the earth by observing satellites with equipment capable of acquiring, analyzing and managing the data collected; polaris and solar observations for the determination of the true azimuth; the monumentation and remonumentation of boundaries of land, divisions of land, tracts, parcels and lots; the measurement and preparation of plans showing existing improvements after construction; the layout of proposed improvements and the preparation of descriptions and plans for use in legal instruments of conveyance of real property and property rights; and
c. The design, preparation and furnishing of subdivision plans, land development plans, sedimentation and erosion control plans, grading plans, condominium plans, record plats and horizontal alignments, and profiles and typical sections for roads, streets, utilities, sanitary sewers and storm drainage systems. This shall not be construed so as to permit the professional land surveyor to include the design of sewage disposal stations, lift stations, commercial and industrial buildings, pumping stations and bridges, or to prepare plans for the construction of engineering and architectural projects.
(6) ”Professional land surveyor” shall mean an individual who holds a valid license to practice land surveying under this chapter, and in addition:
a. Is a professional specialist in the technique of measuring land;
b. Is educated in the principles of mathematics and related sciences;
c. Is experienced in the application of the principles of mathematics and the related sciences;
d. Understands the relevant requirements of law for the presentation of adequate evidence relating to property descriptions and the surveying of real property.
(7) ”Responsible charge” shall mean the direct control and personal direction of the investigation, operation and execution of land surveying work requiring initiative, and professional skill and independent judgment as a party chief or survey manager.
(8) ”State” shall mean the State of Delaware.
(9) ”Substantially related” means the nature of the criminal conduct, for which the person was convicted, has a direct bearing on the fitness or ability to perform 1 or more of the duties or responsibilities necessarily related to the practice of land surveying.
(10) ”Surveyor intern” shall mean an individual who has qualified for, taken, and has passed the written standardized national examination developed by the national professional association in the fundamentals of surveying.
43 Del. Laws, c. 286, § 2; 24 Del. C. 1953, § 2701; 56 Del. Laws, c. 368; 58 Del. Laws, c. 501, § 2; 60 Del. Laws, c. 275, § 1; 70 Del. Laws, c. 186, § 1; 72 Del. Laws, c. 265, § 1; 74 Del. Laws, c. 262, § 50; 76 Del. Laws, c. 170, § 1.;
Terms Used In Delaware Code Title 24 Sec. 2702
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- real property: is synonymous with the phrase "lands, tenements and hereditaments. See Delaware Code Title 6 Sec. 4307
- State: means the State of Delaware; and when applied to different parts of the United States, it includes the District of Columbia and the several territories and possessions of the United States. See Delaware Code Title 6 Sec. 4307