2023 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.