NY Real Prop L § 334-A (2021)
2021 New York Laws RPP - Real Property Article 9 - Recording Instruments Affecting Real Property 334-A - Filing of Subdivision Maps in Nassau County; Penalty for Non-Filing.

§  334-a.  Filing  of  subdivision  maps in Nassau county; penalty for non-filing. 1. It shall be the duty  of  every  person  or  corporation, excepting  church  cemetery  corporations attached to a religious parish within the county of Nassau, who, as owner or  agent  of  real  property situated  in the county of Nassau, subdivides the same into lots, plots, blocks, sites, or units with or without  streets,  for  the  purpose  of offering  such  lots,  plots,  blocks,  sites,  or units for sale to the public, regardless of whether they are offered or conveyed by lot,  plot or   block  designations,  units  (including  shares  in  a  cooperative corporation), or by metes and bounds, prior  to  the  offering  of  such lots,  plots,  blocks,  sites  or units for sale, to file or cause to be filed in the office of the clerk of Nassau county a map or maps of  such real property, subject to the following exceptions:  (a)  where  real  property is subdivided into not more than four lots, plots, blocks, sites or units that conform to  the  applicable  planning and  zoning  regulations  or ordinances of the city, town or village, as the case may be, and such subdivision does not involve the laying out of a street or the extension of a previously laid out street, the owner  or agent  may  make  written  application  to  the  planning  commission or planning authorities having jurisdiction for  a  waiver  of  the  filing requirements  hereunder  upon forms supplied by the appropriate planning commission. Such a waiver may be granted by such planning commission  or planning  authorities after determining that such subdivision plat is in compliance  with  this  section  and  with  the  zoning   and   planning regulations  of  the city, town or village, as the case may be, in which the property is located. The request for a waiver shall  be  acted  upon without  a  public  hearing  within fifteen days after the filing of the application unless such period shall have been extended  by  consent  of the  applicant.  Where real property is capable of being subdivided into more than four lots, plots, blocks, sites or units that conform  to  the applicable  planning  and  zoning regulations or ordinances of the city, town or village, as the case may  be,  and  such  subdivision  does  not involve the laying out of a street or the extension of a previously laid out  street,  the  planning  commission  or  planning authorities having jurisdiction may, in the sole discretion of such planning commission  or planning authorities deny such waiver application and require the filing in  the  office of the clerk of Nassau county a map or maps of such real property, subject to appropriate conditions as in the judgment  of  such planning  commission  or  planning  authorities  as are requisite in the interest of the public health, safety and general welfare; or  (b) where a subdivision map has been filed prior to  January  twelfth, nineteen hundred forty-five, and alterations made thereon do not involve any  change,  or extensions of previously laid out streets and where the only alterations are changes in lot boundaries which are made solely for the purpose of adhering to applicable zoning regulations, it  shall  not be necessary to file such altered map or obtain a waiver therefor; or  (c)  where  there is a conversion of an existing structure into units, which structure: (1) was in existence  and  legally  occupied  prior  to August fifth, nineteen hundred eighty-seven; and (2) where title to said units  is  to  be  held  in  a condominium, cooperative or mixed form of ownership; and (3) the use thereof is in compliance with the zoning  and planning  regulations  of the city, town or village, as the case may be, in which the structure is located.   As used in this section, the term "units" shall include space used  or to  be  used  for  either  residential,  commercial,  mixed or other use whether title is held in fee  simple,  a  condominium,  cooperative,  or mixed  form  of  ownership. It shall be unlawful, after a map or maps of such property has been filed, to subdivide said  property  in  a  manner  other  than  as  shown  on said map unless said map has been amended and approved in accordance with the provisions of subdivision  six  of  this section.   2. Such map or maps must be thirty-six inches by forty-eight inches or less  in  size,  drawn with pen and ink upon tracing cloth or printed on mylar upon a scale of not more than one hundred feet  to  the  inch  and oriented  with  the  north point at the top of the map. At no time shall the north point vary more than  twenty  degrees  east  or  west  of  the perpendicular border.   3. In case the lands sought to be shown upon the map are too extensive to  be shown upon a map thirty-six inches by forty-eight inches in size, then a key map thirty-six inches by forty-eight inches  in  size,  drawn upon a reduced scale, but without detail, showing the entire quantity of land,  subdivided into units embracing the entire map, shall be made and filed, and each subdivision or unit shall be shown upon a separate map.   4. Said map shall set forth the courses,  measurements  and  adjoining property  owners  with sufficient definiteness to determine the location of said property, and upon each map shall appear the name of the  record owner  and  the  name of the subdivision as stated by the owner and said name shall be approved by the county clerk as a name not so  similar  to the  name  appearing  upon  any  filed  subdivision map as to deceive or mislead the public as to the identity of such subdivision.   5. Upon each and every of said maps shall appear the name or names  of the  town or towns, city or cities, incorporated village or incorporated villages in which said lands are located wholly or in part, and endorsed thereon shall be a certificate of the licensed land surveyor who made or caused the said map to be made, certifying that the  map  or  maps  were made  from  an  actual  survey  of the property that was performed by or under the direction of said licensed land 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 or maps and that the lands shown thereon have been monumented in a manner to indicate the  distance from  the nearest established street, avenue, road or highway, 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.   6. Before such filing each and every of said maps shall be approved by the planning commission or planning commissions having  jurisdiction  in the area embraced within said maps in accordance with the regulations of such  planning  commission  or  planning commissions and the approval of such planning commission  or  planning  commissions  shall  be  endorsed thereon.    6-a.  Before  such  filing  each  and  every  of  said maps shall have endorsed thereon the consent to such filing of the  mortgagees  of  such real property.   7. The planning commission or planning authorities having jurisdiction shall not approve any such map until the commissioner of public works of Nassau  county  has  endorsed  thereon  a statement that he has approved plans for grades of the streets, avenues, roads  or  highways  shown  on such map, and the drainage thereof. The commissioner of public works may require that separate and distinct plans for the grading and drainage be prepared.   Such   plans  shall  show  sufficient  data  to  enable  the commissioner of public works to determine the adequacy thereof.  He  may require  any changes in grades or plans which he deems necessary to make such grades or plans conform with  any  general  or  comprehensive  plan adopted  for the county, or to serve the best interests of the county as a whole. Upon his approval of plans for the grades and drainage for  the streets,  avenues,  roads or highways shown on said map he shall endorse such approval on the plans submitted to him, or as they shall have  been revised,  and  shall  file  same  in  his office, and shall file a print thereof in the office of each planning authority having jurisdiction. He shall further endorse on the map submitted to the planning authority for approval a statement that he has approved grades and  drainage  for  the streets,  avenues,  roads  or highways shown thereon, in accordance with detailed plans on file in his office.   8. At the time of filing such map with the county clerk an abstract of title and tax search of all of the property shown on said  map  together with a certificate of title, certifying to the county of Nassau the name or names of the owner or owners of said property together with all liens thereon, shall be delivered to the county clerk and filed in his office. Such  abstract  and  search  shall  cover  a period of not less than the twenty years immediately preceding the date of the certificate and  such certificate  shall  be  made  by  a  title company duly incorporated and authorized to transact business in the state of New  York  or  a  person duly  authorized  to  certify  titles under the laws of the state of New York. In the event 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,  that  fact  shall be set forth upon the original map together with the number of the certificate of the title so registered and an index of such  abstracts  and  registrations  made  to clearly  indicate the maps to which they refer and the abstract of title and certificate of title above referred to shall not be required. 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 tax title is claimed  must be submitted as a part of the abstract.   9.  Every  such map, whether intended as an original subdivision or as an alteration of a prior subdivision in such county, shall have endorsed thereon at the time such map is offered to be filed the certificates  of the county treasurer and the receiver of taxes of each town and city and the tax collecting officer of each incorporated village within which any part  of the tract of land shown on said map or maps is located, or of a title company authorized to transact business in the state of  New  York stating that all taxes and assessments which are liens 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 said land, shown on the tax search required to be filed with the  county clerk, have been paid.   10.  At  the  time  of  the  filing  of  such  map there shall also be furnished to the county clerk a copy of such map, prepared upon  tracing cloth  by  such  process  as  he  shall  prescribe,  which shall be duly  certified by him to be a true copy of the original and  which  shall  be forwarded by him to the board of assessors of the county.   11.  The  clerk of the county of Nassau upon receiving such maps shall file them by some suitable method in consecutive order and they shall be consecutively numbered in the order of  filing  and  indexed  under  the initial letters of all substantives in the titles.   12.  The fee of the county clerk for receiving and filing each of said separate maps or sheets and indexing the same shall be five dollars, and an additional fee for every block created, which fee shall be  the  same as  the  additional fee provided for block indexing by the Nassau county administrative code.   13. Failure to file said map or maps as required by the provisions  of this  section,  shall  subject  the  owner of such lands shown upon such maps, or of unsold lots, plots or units thereon, to  a  penalty  to  the people  of  the  state  of New York of five hundred dollars for each and every lot, plot or unit thereon subdivided, sold or conveyed by  or  for such owner prior to the due filing of such map or maps.   14. 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 having an area equivalent to that of any two or more contiguous lots or an area of not less than  one-half  acre, 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 Nassau 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 Nassau county board of supervisors shall have full authority to abandon any subdivision of property or  any portion  thereof  which  the  county of Nassau now owns or may hereafter acquire through the sale of tax liens, by causing to be filed  with  the county  clerk  of  Nassau  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.