NY Real Prop L § 334 (2021)
2021 New York Laws RPP - Real Property Article 9 - Recording Instruments Affecting Real Property 334 - Maps to Be Filed; Penalty for Nonfiling.

§  334.  Maps  to  be filed; penalty for nonfiling. 1. It shall be the   duty of every person or corporation who, as owner or  agent,  subdivides   real  property  into  lots,  plots,  blocks  or  sites,  with or without   streets, for the purpose of offering such lots, plots, blocks  or  sites   for  sale  to  the  public,  to  cause  a  map  thereof, together with a   certificate of the licensed  land  surveyor  filing  said  map  attached   showing  the  date of the completion of the survey by said land surveyor   and of the making of the map by said land surveyor and the name  of  the   subdivision  as  stated  by  the owner, to be filed in the office of the   county clerk or, in any county having a register of deeds, in the office   of the register of deeds, of the county where the property  is  situated   prior to the offering of any such lots, plots, blocks or sites for sale;   and  a  duplicate  copy of such map shall also be filed in the office of   the city, town or village clerk, where the property is situated, and, if   situated in a county maintaining a tax map department, a copy shall also   be filed with such department, before any such sale.2. All such maps must be printed upon linen or canvas-backed paper  or   drawn  with  a pen and India ink upon tracing cloth or printed on mylar,   and must be a minimum of eight and one-half inches by eleven inches, and   a maximum of thirty-four inches by forty-four  inches  in  size,  except   that  in  the  counties  of  Westchester,  Putnam  and Rockland all maps   presented for filing must be printed or drawn  with  pen  and  ink  upon   tracing  cloth  or  printed  on  mylar;  except  that in the counties of   Saratoga, Otsego, Dutchess and Monroe, all maps presented for filing  in   the  office  of  the  county clerk must be printed or drawn with pen and   India ink  upon  transparent  tracing  cloth  or  printed  on  mylar  or   polyester film or be photographic copies on transparent tracing cloth or   printed  on  mylar  or  polyester film and further, that such maps to be   filed in the counties of Saratoga and Otsego  shall  be  not  less  than   eight and one-half inches by fourteen inches nor more than thirty inches   by  forty-two  inches  in size; except that in the county of Clinton all   maps presented for filing in the office of  the  county  clerk  must  be   printed  or  drawn  with pen and ink upon tracing cloth or canvas-backed   paper or printed  on  mylar  and  must  be  either  eighteen  inches  by   twenty-four  inches  or twenty-four inches by thirty-six inches in size,   and in the county of Putnam must be  not  less  than  twenty  inches  by   twenty  inches and not more than thirty-six inches by forty-eight inches   in size, and in the counties of Warren, Sullivan  and  Greene  all  maps   presented  for  filing  must  be printed or drawn with pen and India ink   upon transparent tracing cloth or polyester film or printed on mylar  or   be photographic copies on transparent tracing cloth or polyester film or   printed  on  mylar  and  further,  that  such maps to be filed in Warren   county, must be not less than eight and one-half inches by eleven inches   nor more than twenty-two inches by thirty-four inches, in the county  of   Sullivan  must  be  not  less  than  eight and one-half inches by eleven   inches nor more than twenty-four inches by thirty-six inches and in  the   county  of Greene must be not less than twelve inches by eighteen inches   nor more than  twenty-four  inches  by  thirty-six  inches  and  in  the   counties  of  Westchester  and  Dutchess  must  be  thirty-six inches by   forty-eight inches or less in size, and that such maps to  be  filed  in   the  county  of  Monroe shall be in any one of the following sizes only:   seventeen inches by twenty-two inches, twenty-two inches by  thirty-four   inches   or   thirty-four   inches  by  forty-four  inches.  Every  such   subdivision map of property in  the  towns  of  Tonawanda,  Evans,  West   Seneca,  Cheektowaga, Amherst, Lancaster, Grand Island, Aurora, Concord,   Collins, Alden, Newstead, Clarence, Elma, Orchard Park and Hamburg, Erie   county, located wholly or partly outside an incorporated village,  shall   before  the  filing thereof as herein provided, have attached thereto in    writing, the approval of the town board of such town, and every such map   of property located wholly or partly in an incorporated village in  such   town,  shall,  if  located  wholly  within the village have attached the   approval  of the board of trustees of the village, and if located partly   within a village and partly within one of such towns, have attached  the   approval of both the town board of the town and the board of trustees of   the village.2-a.  Notwithstanding  any  other provisions in this article, a county   clerk may adopt a  system  to  receive  and  retain  maps  utilizing  an   electro-mechanical,  electronic  or  any other method they deem suitable   for receiving and retaining maps.3. Every such map of subdivided land, whether intended as an  original   subdivision  or  as  an  alteration  of  a prior subdivision, shall have   endorsed thereon or annexed thereto at the time such map is  offered  to   be  filed  a  certificate  of the county treasurer or of an abstract and   title company and a certificate of the tax  collecting  officer  of  any   county,  city, town or village wherein such property or any part thereof   is situate, stating that all taxes levied and unpaid  and  in  addition,   all taxes which are a lien prior to the time such original or subsequent   map is offered to be filed, whether assessed against the entire tract of   land  or against any lot or other part of such land, have been paid, and   a certificate of the county director of real property tax services  that   the  fee  authorized  by section five hundred three of the real property   tax law, if any, has been paid and the county clerk shall not  file  any   such  map  without  such  endorsements or certificates. All of such maps   shall be placed and kept, by some suitable method, in consecutive  order   and  shall  be  consecutively  numbered in the order of their filing and   shall be indexed under the initial letters of all  substantives  in  the   title of the subdivision.4.  A  failure  to  file any such map as required by the provisions of   this section shall subject the owner of  such  subdivision,  or  of  the   unsold lots therein, to a penalty to the people of the state of not less   than  twenty-five  dollars  and  not more than three hundred dollars for   each and every lot therein sold and conveyed by or for such owner  prior   to the due filing of such map.Such penalty shall be recovered in an action brought by the city, town   or village in which the subdivision or part thereof is located.5.  In  case the lands sought to be shown upon the subdivision map are   contiguous to the navigable waters of the state  and  have  frontage  on   such  waters, such map shall show the extension of the littoral property   line or lines of such lots, plots,  blocks,  sites  or  units  from  the   intersection  of  said  line or lines with the high water mark into said   navigable waters of the state. Such map shall show  sufficient  data  to   define  the  location of the riparian/littoral area associated with such   lots, plots, blocks, sites or units.6. All moneys recovered as penalties for the violation of this section   by town justices shall be paid to the state  comptroller  in  accordance   with  the provisions of section twenty-seven of the town law, and moneys   so recovered by village justices shall be paid to the state  comptroller   in  accordance  with the provisions of section 4-410 of the village law.   The state  comptroller  shall  retain  one-third  of  such  penalty  and   transmit one-third to the town or village in which the remitting town or   village  justice  is  located to be credited to the general fund of such   town or village. The state comptroller shall also send to the county  in   which  the  property is located one-third of such penalty to be credited   to the general fund of the county.7. Except in a city with a population of  one  million  or  more,  all   moneys  recovered  as  penalties  for the violation of this section by a    city court shall be paid to the chief fiscal officer of the city  within   thirty  days  of  receipt  by  the city court. Such chief fiscal officer   shall send one-third of such penalty recovered to the state  comptroller   and  one-third  of  such  funds  to  the general fund of the county. The   balance shall be credited to the general fund of the city.