NY Real Prop L § 335 (2021)
2021 New York Laws RPP - Real Property Article 9 - Recording Instruments Affecting Real Property 335 - Filing of Maps and Abandonment of Subdivisions in Suffolk County; Penalty for Nonfiling.

§  335.  Filing  of  maps  and  abandonment of subdivisions in Suffolk   county; penalty for nonfiling. 1. It shall be the duty of  every  person   or  corporation,  excepting church cemetery organizations, attached to a   religious parish within the county of Suffolk, who  as  owner  or  agent   subdivides  real  property in Suffolk county 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, regardless of how they   are conveyed, to file or cause to be filed in the office of  the  county   clerk of Suffolk county a map thereof together with a certificate of the   surveyor  endorsed  on the face of such map certifying same to have been   made from an actual survey of the property  that  was  performed  by  or   under  the  direction of said surveyor and the date of the completion of   the  survey.  Said  certificate  shall  state  that  stone  or  concrete   monuments  have  been  set  at not less than two corners of every street   intersection as indicated on such map, provided, however, that where the   planning board or other governmental agency having jurisdiction over the   approval of said maps has required the subdivider to  deposit  with  the   town  or  local governing body a performance bond or bonds to secure the   installation and completion of all site improvements, including  setting   stone   or   concrete   monuments  in  the  streets  as  aforesaid,  and   simultaneously with the filing of said map the subdivider files with the   county clerk a written certification from the town  or  local  governing   body  that  such  bond or bonds have been duly deposited and accepted by   the town or local governing body and that said bond or  bonds  expressly   include  the  setting  of  stone or concrete monuments as aforesaid, the   said surveyor's certificate may state that stone or  concrete  monuments   will be set at not less than two corners of every street intersection as   indicated  on  such  map  upon  completion  of  the installation of said   streets and that the  surveyor  shall  execute  and  deliver  a  further   written  certification  of  the completion of such monumentation to both   the county clerk and the town or local governing body prior to and as  a   condition  for  the  release of said performance bond or bonds. All lots   and blocks on such map shall be numbered consecutively. Said  map  shall   set  forth  the courses, measurements and adjoining property owners with   sufficient definiteness to determine the location of said  property  and   the  name  of  the  subdivision  as  stated by the owner. Said name must   differ from any name already filed with the county  clerk  and  must  be   approved  by  the  county clerk before the acceptance of the map. At the   time of the filing of such map there shall  also  be  furnished  to  the   county  clerk  two copies of such map for each town and village in which   any portion of the mapped property is located. Such copies shall be duly   certified by him to be true copies of the  original  and  one  certified   copy shall be forwarded by said county clerk to the assessor or board of   assessors,  as  the  case  may  be, of each town or village in which any   portion of said property is located. At the time of filing such map with   the county clerk an abstract of title of all of the  property  shown  on   said  map  which  shall cover a period of not less than the twenty years   last past the date  it  is  submitted,  certified  by  an  attorney  and   counselor  at  law  of  the  state  of  New  York,  a title company duly   incorporated and authorized to transact business in  the  state  of  New   York  or  a  competent  searcher  of  titles, shall be presented to said   county clerk, and be filed in his  office,  unless  the  title  to  said   property has been duly registered pursuant to the provisions of the real   property  law  for the registration of titles to real property, in which   case this fact shall be set forth upon the original  map  together  with   the  number  of  the certificate of the title so registered. An index of   such abstracts and registrations shall be maintained to clearly indicate   the maps to which they refer. In the case of a tax title, the fee  title    for  a period of at least twenty years prior to the date of the tax sale   under which title is  claimed  must  be  submitted  as  a  part  of  the   abstract.  A key map, made to the scale of six hundred feet to one inch,   must appear on all maps submitted and must show one or more monuments in   the  tract  definitely  tied  to  a given point or a monument set at the   point of the intersection of the side lines (as prolonged, if there is a   curve) of two established highways; said point or monument shall be that   which is nearest the  proposed  subdivision  and  shall  not  require  a   measurement  to be made across any portion of an established highway. No   re-mapping of subdivided property will  be  accepted  for  filing  until   there  has been filed with the county clerk a certificate of abandonment   and cancellation of the original  map  or  the  portion  thereof  to  be   abandoned  and  cancelled in accordance with the provisions of this act.   Before a map will be eligible for filing, a certificate  of  the  county   treasurer  of Suffolk county or the report of a tax search by a licensed   title company must be submitted by the  party  presenting  the  map  for   filing as a part of the abstract of title showing the payment in full of   all taxes due and payable at the date of filing. Such maps and abstracts   of title shall be filed as aforesaid and a copy of said map filed in the   office  of  the  clerk of each town or village where any portion of said   property is located prior to the offering for sale  of  any  lot,  plot,   block  or  site  thereon.  All  such  maps must be printed or drawn upon   tracing cloth or linen or printed on mylar and must  be  of  a  standard   size  of eighteen inches by twenty inches or thirty-six inches by twenty   inches and the original of such maps filed in said county clerk's office   shall be placed and kept by some suitable method in  consecutive  order,   be  consecutively  numbered  in the order of filing and shall be indexed   under the initial letters of all of the substantives in the title of the   subdivision. However, he may  maintain  a  record  of  such  maps  in  a   microfilm  format  provided  he  supplies facilities for displaying said   maps through projection with microfilm to the aforesaid standard  sizes.   The  fee  of  the  county clerk for such filing, certifying and indexing   each  map  and  copy  thereof,  and  abstract  of  title  therewith  and   forwarding  copies of said map to the assessors, boards of assessors and   clerks of the towns and villages where the property therein described is   located, shall be ten dollars and be paid by the party  presenting  them   for  filing.  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 New York   of  two  hundred  fifty  dollars for each and every lot therein sold and   conveyed by or for such owner prior to the due filing of  such  map  and   abstract of title as aforesaid. The requirements as provided for in this   section  may  be  applied  to  the  filing of each and every kind of map   submitted for filing which is not a subdivision map of real property, at   the discretion of the county clerk, and the filing fee  of  ten  dollars   shall be paid for the filing of any non-subdivision map so submitted.2.  Every  such  subdivision  map  of  property in any of the towns of   Suffolk county located wholly or partly outside an incorporated  village   in  such  towns,  shall,  before  the  filing  thereof,  as hereinbefore   provided, have indorsed on the face thereof in writing the  approval  of   the  planning  board  of such towns, or in the towns not having planning   boards, the approval of the town board. Likewise, every such subdivision   map of property located wholly or partly within an incorporated village,   shall before the filing thereof, as hereinbefore provided, have endorsed   on the face thereof in writing the approval of  the  planning  board  of   such  village, or in a village not having a planning board, the approval   of the board of trustees. In addition, every  such  subdivision  map  of   property  in  any of the towns of the county of Suffolk, whether located    wholly or partly, inside or outside, an  incorporated  village  in  such   towns,  shall  before the filing thereof, as hereinbefore provided, have   endorsed on the face thereof in  writing  the  approval  of  the  county   department of health.3.  Whenever at least two years have elapsed since the filing of a map   of the subdivision of any tract of land  into  lots,  plots,  blocks  or   sites,  with  or  without  opened  or  proposed roads, the owner of such   tract, or of any part thereof, may abandon and cancel the subdivision of   the property so owned by recording in the office of the county  clerk  a   written  certificate  of  abandonment,  duly  executed and acknowledged,   which shall contain a description of the property to be  abandoned,  the   complete  title  or  name  of  the  map, the filing date and file number   thereof, except that no opened or proposed  streets,  other  than  those   entirely  within the bounds of the property to be abandoned, or the area   within such bounds of streets which as laid out on said map  come  to  a   dead-end  within  such bounds, shall be abandoned unless each owner of a   lot or interest in the subdivision consents to the  abandonment  thereof   by  instrument  in writing duly executed, acknowledged and recorded with   the certificate of abandonment;  provided,  however,  that  whenever  at   least  twenty years have elapsed since the filing of said map, the owner   of the property to be abandoned may, without such consent,  abandon  any   streets  or  portions thereof shown on said map and which are within the   bounds of the property to be  abandoned  if  such  streets  or  portions   thereof are neither opened, nor public highways, nor used by the public,   nor  necessary  for  the  use  of owners, occupants or any other persons   having an interest in any part of the subdivision;  but  nothing  herein   shall  prevent an owner using or a seller of land from conveying part of   a lot, plot or site separately or together with an adjoining  lot,  plot   or  site, subject to the provisions of local zoning ordinances. Whenever   there is on file more than one map of the property to be abandoned, such   property must be abandoned in the manner herein provided as to  each  of   such maps.  A copy of each certificate of abandonment must be filed with   the  assessor and/or board of assessors of each town and village wherein   any portion of the  property  to  be  abandoned  is  situated,  and  the   endorsement  of approval by each such assessor and/or board of assessors   must be endorsed on the original of each certificate  presented  to  the   county  clerk  for recording. An abstract of title to the property to be   abandoned covering a period of at least twenty years last  past,  and  a   certificate of the county treasurer of Suffolk county to the effect that   there  are  no unpaid tax liens against such property, must be submitted   to the county clerk and be approved by him at the time  the  certificate   of   abandonment   and  cancellation  is  offered  for  recording.  Said   certificates and abstracts shall be filed in the county clerk's  office,   a  suitable index shall be kept of the same, and notice thereof shall be   endorsed by the recording officer upon the map therein  referred  to  at   the  time  of  recording  the  certificate  of  abandonment.  Where  the   endorsement of approval of the town or village assessor  above  referred   to  includes  a  recitation to the effect that the municipality has duly   adopted an urban renewal plan pursuant to article fifteen of the general   municipal law which plan provides for  adequate  street  access  to  all   properties  within  and  adjacent to the planning area, and further that   the  property  to  be  abandoned  is  subject  to  said  plan,  and  its   abandonment  is  required  thereunder, the clerk shall accept and record   the certificate of abandonment tendered therefor regardless of the  area   thereof,  and  notwithstanding  that  the  property to be abandoned is a   portion of an opened or proposed street for which  the  consent  to  the   abandonment  thereof required in this subdivision has not been obtained.   Upon the abandonment of subdivided  property  as  herein  provided  such    property shall, for all purposes, be regarded as a single tract of land.   No abandonment of lot divisions shall be made under this section for the   purpose  of  reviving  or  making effective any other subdivision of the   same  tract  of land and no map may be reinstated as it was prior to the   filing of any abandonment certificate. The fee of the county  clerk  for   such  filing  and indexing each certificate and abstract therewith shall   be ten dollars and shall be  paid  by  the  party  presenting  them  for   filing.  Provided, however, that the Suffolk county board of supervisors   shall have full authority to abandon any subdivision of property or  any   portion  thereof  which  the county of Suffolk now owns or may hereafter   acquire through the sale of tax liens, by causing to be filed  with  the   county  clerk  of  Suffolk  county,  a  certificate of abandonment, duly   executed by the said county board, without regard to any  of  the  other   foregoing  requirements  of  this  section.  Nothing  contained  in this   section shall be construed to prevent  the  filing  of  a  new  map  and   certificate  of  a subdivision of real property in the manner prescribed   herein, after, and in the area of,  a  subdivision  or  portion  thereof   abandoned in accordance with the provisions of this section.