§ 334 — Maps to be filed; penalty for nonfiling

§ 334. Maps to be filed; penalty for nonfiling. 1. It shall be the\nduty of every person or corporation who, as owner or agent, subdivides\nreal property into lots, plots, blocks or sites, with or without\nstreets, for the purpose of offering such lots, plots, blocks or sites\nfor sale to the public, to cause a map thereof, together with a\ncertificate of the licensed land surveyor filing said map attached\nshowing the date of the completion of the survey by said land surveyor\nand of the making of the map by said land surveyor and the name of the\nsubdivision as stated by the owner, to be filed in the office of the\ncounty clerk or, in any county having a register of deeds, in the office\nof the register of deeds, of the county where the property is situated\nprior to the offering of any such lots, plots, blocks or sites for sale;\nand a duplicate copy of such map shall also be filed in the office of\nthe city, town or village clerk, where the property is situated, and, if\nsituated in a county maintaining a tax map department, a copy shall also\nbe filed with such department, before any such sale.\n 2. All such maps must be printed upon linen or canvas-backed paper or\ndrawn with a pen and India ink upon tracing cloth or printed on mylar,\nand must be a minimum of eight and one-half inches by eleven inches, and\na maximum of thirty-four inches by forty-four inches in size, except\nthat in the counties of Westchester, Putnam and Rockland all maps\npresented for filing must be printed or drawn with pen and ink upon\ntracing cloth or printed on mylar; except that in the counties of\nSaratoga, Otsego, Dutchess and Monroe, all maps presented for filing in\nthe office of the county clerk must be printed or drawn with pen and\nIndia ink upon transparent tracing cloth or printed on mylar or\npolyester film or be photographic copies on transparent tracing cloth or\nprinted on mylar or polyester film and further, that such maps to be\nfiled in the counties of Saratoga and Otsego shall be not less than\neight and one-half inches by fourteen inches nor more than thirty inches\nby forty-two inches in size; except that in the county of Clinton all\nmaps presented for filing in the office of the county clerk must be\nprinted or drawn with pen and ink upon tracing cloth or canvas-backed\npaper or printed on mylar and must be either eighteen inches by\ntwenty-four inches or twenty-four inches by thirty-six inches in size,\nand in the county of Putnam must be not less than twenty inches by\ntwenty inches and not more than thirty-six inches by forty-eight inches\nin size, and in the counties of Warren, Sullivan and Greene all maps\npresented for filing must be printed or drawn with pen and India ink\nupon transparent tracing cloth or polyester film or printed on mylar or\nbe photographic copies on transparent tracing cloth or polyester film or\nprinted on mylar and further, that such maps to be filed in Warren\ncounty, must be not less than eight and one-half inches by eleven inches\nnor more than twenty-two inches by thirty-four inches, in the county of\nSullivan must be not less than eight and one-half inches by eleven\ninches nor more than twenty-four inches by thirty-six inches and in the\ncounty of Greene must be not less than twelve inches by eighteen inches\nnor more than twenty-four inches by thirty-six inches and in the\ncounties of Westchester and Dutchess must be thirty-six inches by\nforty-eight inches or less in size, and that such maps to be filed in\nthe county of Monroe shall be in any one of the following sizes only:\nseventeen inches by twenty-two inches, twenty-two inches by thirty-four\ninches or thirty-four inches by forty-four inches. Every such\nsubdivision map of property in the towns of Tonawanda, Evans, West\nSeneca, Cheektowaga, Amherst, Lancaster, Grand Island, Aurora, Concord,\nCollins, Alden, Newstead, Clarence, Elma, Orchard Park and Hamburg, Erie\ncounty, located wholly or partly outside an incorporated village, shall\nbefore the filing thereof as herein provided, have attached thereto in\nwriting, the approval of the town board of such town, and every such map\nof property located wholly or partly in an incorporated village in such\ntown, shall, if located wholly within the village have attached the\napproval of the board of trustees of the village, and if located partly\nwithin a village and partly within one of such towns, have attached the\napproval of both the town board of the town and the board of trustees of\nthe village.\n 2-a. Notwithstanding any other provisions in this article, a county\nclerk may adopt a system to receive and retain maps utilizing an\nelectro-mechanical, electronic or any other method they deem suitable\nfor receiving and retaining maps.\n 3. Every such map of subdivided land, whether intended as an original\nsubdivision or as an alteration of a prior subdivision, shall have\nendorsed thereon or annexed thereto at the time such map is offered to\nbe filed a certificate of the county treasurer or of an abstract and\ntitle company and a certificate of the tax collecting officer of any\ncounty, city, town or village wherein such property or any part thereof\nis situate, stating that all taxes levied and unpaid and in addition,\nall taxes which are a lien prior to the time such original or subsequent\nmap is offered to be filed, whether assessed against the entire tract of\nland or against any lot or other part of such land, have been paid, and\na certificate of the county director of real property tax services that\nthe fee authorized by section five hundred three of the real property\ntax law, if any, has been paid and the county clerk shall not file any\nsuch map without such endorsements or certificates. All of such maps\nshall be placed and kept, by some suitable method, in consecutive order\nand shall be consecutively numbered in the order of their filing and\nshall be indexed under the initial letters of all substantives in the\ntitle of the subdivision.\n 4. A failure to file any such map as required by the provisions of\nthis section shall subject the owner of such subdivision, or of the\nunsold lots therein, to a penalty to the people of the state of not less\nthan twenty-five dollars and not more than three hundred dollars for\neach and every lot therein sold and conveyed by or for such owner prior\nto the due filing of such map.\n Such penalty shall be recovered in an action brought by the city, town\nor village in which the subdivision or part thereof is located.\n 5. In case the lands sought to be shown upon the subdivision map are\ncontiguous to the navigable waters of the state and have frontage on\nsuch waters, such map shall show the extension of the littoral property\nline or lines of such lots, plots, blocks, sites or units from the\nintersection of said line or lines with the high water mark into said\nnavigable waters of the state. Such map shall show sufficient data to\ndefine the location of the riparian/littoral area associated with such\nlots, plots, blocks, sites or units.\n 6. All moneys recovered as penalties for the violation of this section\nby town justices shall be paid to the state comptroller in accordance\nwith the provisions of section twenty-seven of the town law, and moneys\nso recovered by village justices shall be paid to the state comptroller\nin accordance with the provisions of section 4-410 of the village law.\nThe state comptroller shall retain one-third of such penalty and\ntransmit one-third to the town or village in which the remitting town or\nvillage justice is located to be credited to the general fund of such\ntown or village. The state comptroller shall also send to the county in\nwhich the property is located one-third of such penalty to be credited\nto the general fund of the county.\n 7. Except in a city with a population of one million or more, all\nmoneys recovered as penalties for the violation of this section by a\ncity court shall be paid to the chief fiscal officer of the city within\nthirty days of receipt by the city court. Such chief fiscal officer\nshall send one-third of such penalty recovered to the state comptroller\nand one-third of such funds to the general fund of the county. The\nbalance shall be credited to the general fund of the city.\n