A. 
The Town has established a geodetic control point network comprised of approximately 100 permanent and monumented control points. This "infrastructure" consists of existing control points and new first order permanent and distinguishable control points installed to N.G.S. specifications. All control points have been occupied, tied together and adjusted using G.P.S. units to achieve extremely accurate coordinate values. From these observations the datum computed, and adjusted coordinate values, are published locally and adopted herein by the Town Board. N.G.S. standard networks produce one single unified reference system for horizontal and vertical control work within the Town encouraging uniform use, sharing and efficient transfer of geospatial data. Necessary quality control is provided and upheld between all associates and users. Additional field work, adjustments and identification are continually undertaken to further density, expand and update the Town's network.
B. 
The perimeter of the Town is approximately 32 miles long, encompassing almost 54 square miles in area, establishing the need for a system of permanent horizontal and vertical control to provide a common basis for surveying and mapping operations. Permanent geodetic control points were set on an approximate spacing of one mile within the Town. These points consist of a "Bernt'sen" Top Security Rod Monument System, of which 71 were installed to N.G.S. specifications for first order control points. In addition, 6 N.G.S Published First Order Control Stations, 13 N.G.S Published Second Order Control Stations, 7 N.G.S. Azimuth Stations, 13 previously established N.Y.S. D.O.T. and five existing E.C.D.P.W. Highway Division control points were recovered, reused and the coordinate values updated. The integrity of each existing control point was verified before integration into the Town network.
C. 
This newly established reference system, or datum, is a set of numerical quantities that will serve as a common foundation for all Town projects to ensure an integrated product. The Town unified network is also being used as the foundation for its geographic information system, digital mapping projects, aerial photography, orthophotography, photogrammetry, surveying and subdivision control, horizontal and vertical datum unification, mapping and charting activities and a wide variety of engineering and scientific applications.
D. 
The "Standards and Specifications for Geodetic Control Networks," published by the Federal Geodetic Control Subcommittee, and the recently enacted New York State Plane Coordinate Law are the basis for specifications and guidelines used in establishing this network. All of the permanent geodetic control points in the Town control point network are referenced to the U.S. N.A.D.'27 (feet), N.A.D.'83 (metric) and N.A.D.'83/92 H.A.R.N. (metric) datum which provide the basis for horizontal geodetic control latitudes and longitudes. Control points are also referenced to the published values of N.G.V.D.'29 datum (feet) and converted to N.A.V.D.'88 datum (meters) which provide the vertical elevations. The Town network and datum is G.P.S.-derived and is tied into the N.Y. S.P.C.S., West Zone, with a minimum accuracy for second order (Class 1) horizontal control networks and a minimum accuracy of third order for vertical control networks. These specifications comply with conventional standards of classification for horizontal and vertical control (F.G.C.S.) and not that of geodetic standards.
E. 
The Amherst Geodetic Survey Monumentation Network Local Law is intended to generate widespread use of a single unified horizontal and vertical control reference system along with preserving and protecting the existing established geodetic control points and the datum upon which locations are based. The Town is committed to maintaining and protecting this infrastructure in order to promote continued and increased use for all interested parties. Typical mandatory use of the system includes initial control for setting subdivision boundaries and survey control required on various Town projects, including all survey and drainage work performed by the Engineer. This law also provides a basis for survey quality control and security.
The Engineer is empowered to administer and enforce this chapter. The Engineer reviews, evaluates and approves all plans for proposed development(s), utility installations and construction within the Town. To ensure that the purpose and intent of this chapter will be met, the Engineer shall issue rules, regulations, procedures and technical criteria necessary to carry out the intent of this chapter and shall have a copy of these requirements filed with the Amherst Town Clerk.
Abbreviations shall be as follows:
E.C.D.P.W.
Erie County Department of Public Works
E.C.W.A.
Erie County Water Authority
F.G.C.S.
Federal Geodetic Control Subcommittee
G.I.S.
Geographic Information System
G.P.S.
Geodetic Positioning System
H.A.R.N.
High Accuracy Reference Network
N.A.D.
North American Datum
N.A.V.D.
North American Vertical Datum
N.G.S.
National Geodetic Survey
M.S.L.
Mean sea level
N.G.V.D.
National Geodetic Vertical Datum
N.Y.
New York
N.Y.S.D.O.T.
New York State Department of Transportation
R.O.
Record owner
S.P.C.S.
State Plane Coordinate System
T.O.A.
Town of Amherst
U.S.
United States
U.S.C. and G.S.
United States Coast and Geodetic Survey
A. 
Short title. This chapter shall be known and may be cited as "Town of Amherst Local Law 6-1996," providing for the protection, preservation, continued use and reestablishment of the Amherst permanent geodetic survey monumentation network of horizontal, vertical and control, which shall be referred to as the "Geodetic Survey Monumentation Network Local Law."
B. 
Words in this chapter and the referenced codes are used in their ordinary English usage except where the context clearly indicates a different meaning or where a specific definition is set forth. The following terms and definitions herein shall be, from this point forward, defined as meaning the following, unless specifically noted otherwise:
AGENT
The designated representative of an owner, lessor, operator, occupant or person, as filed with the agency.
AZIMUTH
The horizontal angle (an astronomic angular distance measured on a horizontal circle in a clockwise direction, from either the north or the south point in the horizon) in a clockwise direction from the positive Y or negative Y axis with magnitude between 0° and 360° or a numerical bearing of a line between two known and defined control points.
AZIMUTH MARK
An established network control point, peripheral point or reference point, usually a monument, that can be additionally used to establish a reference azimuth for the beginning and closing control of additional survey work. The minimum observation for an azimuth mark is at least one angular observation (horizontal direction or horizontal angle) and one distance measurement from the respective control point to the azimuth mark in question.
BENCH MARK
A monumented (permanently marked) or otherwise described survey/vertical control point whose adjusted elevational height is referenced to M.S.L. The bench mark has a numeric elevation, varying from the nearest tenths, hundredths and sometimes the thousandth of a foot, associated with the uppermost top point of the monuments (the crest of the domed cap of the monumented control point).
CONTROL POINT
Any survey point whose geodetic position is determined by a survey project, monumentation (or otherwise permanently marked), triangulation, trilateration, traverse or G.P.S. station or recoverable survey point. This position has been referenced to the published N.G.S. control datum that is used for both horizontal and vertical control. The point is a monument permanently marked with an alphanumeric symbol or a concise, intelligible name stamped on a disk cap and meets the N.G.S. specifications for a permanent first order control point. The Town's control points are Bernt'sen Top Security Rod Monument System Points, which consist of the following: section or sections of rod, six-inch-diameter PVC pipe, permanently stamped domed cap, access cover rim, access cover, concrete encasement, earthen ground around the control point within the designated easement of occupation and/or a fifteen-foot circumference around the monument, the "Carsonite" boundary post or any other visible identifying marker, peripheral survey points or any other type of geodetic control survey marker that may be the property of the Town. All control points shall be installed under the direction of a New York State licensed land surveyor and also comply with the required order as specified by the Engineer. Since all of the control points have been established by G.P.S. units, this definition shall also include, but not be limited to, the electronic digital file G.P.S. logs, software and adjustment data, and applicable metadata information for each control point.
DESTRUCTION OF A CONTROL POINT
Any and all disturbance, damage, movement and vandalism to a control point will qualify the monument as being destroyed and shall necessitate the need for replacement and reestablishment. Damage to a control point shall also include any and all damage from natural occurrences. All interpretations and decisions regarding the need and responsibility for replacement shall be at the discretion of the Engineer.
DEVELOPER
Any company, corporation, person, surveyor, agency or representative thereof who undertakes or who let contracts for, but not limited to, a building project, or provides public services in the areas of agriculture, electric power lines, cables, conduit and lighting cables; gas, oil, steam, petroleum or gaseous materials; communication, alarm or signal lines, telephone, cable or satellite communications, cables or conduit; water, irrigation and slurry lines; sanitary, storm, backyard drainage systems and drain lines; topographic survey work; excavation and earth work; and transportation facilities.
ELEVATION
The vertical distance from a datum, generally M.S.L., to a point or object on the earth's surface.
ENGINEER
Town Engineer of the Town of Amherst, or permanent full-time duly authorized representative.
ENGINEERING DEPARTMENT
Amherst Engineering Department, 1100 North Forest Road, Williamsville, New York 14221.
GEODETIC CONTROL NETWORK
System of permanent monumented coordinated control points established by the office of the United States National Oceanic Survey, formerly known as the "United States Coast and Geodetic Survey," and by other governmental agencies, extended or maintained.
GEODETIC CONTROL POINT
Shall be referred to as a "control point" (as defined above); all geodetic control points to be set under the direction of a New York State Licensed Land Surveyor.
GEOGRAPHIC INFORMATION SYSTEM
A computerized database management system for the storage, retrieval, analysis and display of spatial (map) data using modern coordinate systems to define the positions of features on the earth's surface for more accurate representation in the database.
LESSOR
A grantor of a lease interest in premises.
OCCUPANT
A person in occupancy, in possession or in control of premises, or using premises.
OPERATOR
A person engaged in the activity of renting or providing space or premises for occupancy or use by others.
PERSON
Shall include entities such as partnerships, firms, associations and corporations as well as individuals.
RECORD DRAWING
A drawing(s) that reflects the actual placement of a control point as constructed in relation to the horizontal and the vertical planes. The drawing(s) shall comply with the National Map Accuracy Standards and digital formats, as defined by the Engineer.
SURVEYOR
Any person licensed as a land surveyor by the State of New York.
SURVEY POINT
Any point which has one or more direction, elevation, angles (horizontal or vertical), distances or vectors measured to it or from it. A survey point may be a monumented (permanently marked) control point, peripheral point, a reference mark, or azimuth mark.
TOWN
The Town of Amherst.
TOWN ATTORNEY
The Town of Amherst Town Attorney or authorized representative.
VERTICAL CONTROL POINT
Shall be known as a "bench mark" as defined above.
VICINITY OF PRESERVATION
The area located within 500 feet of the perimeter of a proposed or existing development site. This distance shall increase to 1,500 feet if blasting will occur on the site during construction. Blasting permits must be secured in accordance with applicable Town local laws.
VICINITY OF USE
The area located within 2,500 feet of a control point network. It shall be the responsibility of the developer to determine if there is at least one of two intervisible pair of existing control points, or one monumented control point with azimuths of record, within 2,500 feet of a project. The only exception shall be if the entire project involves less than five residential lots, in which case the distance is reduced to 1,200 feet.