2012 New York Consolidated Laws
RPP - Real Property
Article 9 - (290 - 336) 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.
    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.