[HISTORY: Adopted by the Board of Trustees
of the Village of Sands Point 1-27-1992 by L.L. No. 1-1992. Amendments noted where
applicable.]
Pursuant to the authority set forth in Municipal
Home Rule Law § 10, Subdivision 1(ii), and the New York
State Constitution, and in keeping with the New York State Court of
Appeals decision in Kamhi v. Town of Yorktown, 74 N.Y.2d 423, the
Board of Trustees of the Incorporated Village of Sands Point hereby
declares its intent to adopt a procedure for the abandonment, in whole
or in part, of filed subdivision maps relative to any property within
the boundaries of the Incorporated Village of Sands Point (hereinafter
"the village").
Whenever more than five years has 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 streets
or roads, the owners of such tract, or of any part thereof having
an area equivalent to that of any two or more contiguous lots, may
abandon and cancel the subdivision of the property so owned only after
full compliance with each and every provision of this chapter, including
all appropriate public hearings, by recording in the office of the
Village 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 subdivision map
and the filing date and file number thereof; except that no opened
or proposed streets other than those entirely within the bounds of
the subdivision or part thereof to be abandoned, or the area within
the bounds of such streets or roads which, as laid out on said map,
comes to a dead-end within such bounds, may be abandoned, in whole
or in part, 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.
The Planning Board of the Village of Sands Point
(hereinafter "the Planning Board") is hereby authorized to grant an
application permitting the abandonment, in whole or in part, of a
subdivision of land, provided that all conditions of this chapter
and in any other applicable statutes, rules or regulations of other
agencies have been met.
[Amended 9-28-2010 by L.L. No. 1-2010]
A.
Application
for permission to abandon, in whole or in part, a subdivision of land
shall be made to the Planning Board.
B.
In addition
to other information required as part of the abandonment application,
an applicant shall submit a title search by a reputable title company
showing the ownership of the property proposed to be abandoned, as
well as all encumbrances, liens and other interests in the property.
Additionally, a proposed revised subdivision map (hereinafter "the
Final Abandonment Map"), dated and marked as such, which delineates
dedications which will not be vacated and dedications which are a
condition to reversion, shall be submitted with the application. Any
streets, roads, rights-of-way, paths or easements to be left in effect
after the abandonment or reversion shall be adequately delineated
on the Final Abandonment Map.
C.
A filing
fee of $1,000 shall be required for an application for the abandonment
of real property.
All persons having a legal interest in the subdivision,
all those who would be entitled to notice pursuant to the Village
Law, in the event that an application for subdivision was being submitted,
and the Nassau County Planning Commission shall be notified separately
by certified mail, return receipt requested, at least 30 days before
the application for abandonment is to be heard by the Planning Board.
It shall be the applicant's responsibility to prove that proper notice
was provided.
A.
The Planning Board shall hear and determine the application
for abandonment of the subdivision within 45 days after the close
of the public hearing. The Board shall consider, in addition to those
matters set forth in § 560 of the Real Property Tax Law,
the impact of the abandonment upon:
(1)
All parties having an interest in the subdivision,
including those persons having access rights to public or private
streets or roads within the subdivision;
(2)
The Village of Sands Point;
(3)
Any person or persons residing within 200 feet of
the subdivision;
(4)
Any person or persons who receive or expect to receive
utilities through the subdivision; and
(5)
Any other person or persons within the village who
may reasonably be impacted.
B.
C.
The Planning Board shall deny an application to abandon
where:
(2)
Any person with a legal interest in the property within
the subdivision has not consented to the abandonment;
(3)
Dedications or offers of dedication to be abandoned
are necessary for present or prospective public use;
(4)
Five years has not passed between the filing of the
subdivision map and the filing of an application for abandonment;
or
(5)
Fees or taxes are owing to the village.
Abandonment of the property and reversion to
its earlier status shall be effective upon the recording of the Final
Abandonment Map and all necessary legal documents with the Village
Clerk and the Nassau County Clerk's office in compliance with this
chapter and § 560 of the Real Property Tax Law.
The recording of the final map shall constitute
a merger of the separate parcels into one parcel for all purposes.
A.
Within 60 days of the recording of the Final Abandonment
Map with the Village Clerk and the Nassau County Clerk, application
may be made to the Village Board of Trustees for a refund of the unused
portion of moneys placed on deposit with the village to defray the
village's costs associated with the original subdivision application,
including such items as engineering, legal, administrative fees, costs
of publication of legal notices and inspection fees.
B.
The Village Clerk shall provide a detailed accounting
to the Board of Trustees evidencing the expenditure of the deposited
moneys. The Village Clerk shall also provide the Board of Trustees
with an approximation of future expenses to be incurred as a result
of the abandonment.
C.
The Board of Trustees shall by written resolution
direct that the unused portion of any deposits be remitted to the
applicant within 30 days of the filing of the Board of Trustees resolution
with the Village Clerk.
D.
No fees paid to the village in connection with the
subdivision application or the abandonment application shall be refunded.
Any owner of property which has been subdivided
who wishes to abandon the subdivision map, in whole or in part, within
the village, shall comply with all sections of this chapter. If the
Planning Board grants the application for abandonment, in whole or
in part, the applicant shall, within six months of the filing of the
Planning Board resolution granting the application, demonstrate to
the Planning Board, in a form and substance acceptable to the Board
and the Village Attorney, full compliance with § 560 of
the Real Property Tax Law. Absent full compliance with § 560
of the Real Property Tax Law within the six-month period, the resolution
of the Planning Board granting the application shall be deemed null
and void and of no effect.
Neither the Village Clerk, Deputy Clerk, Village
Assessor nor anyone acting on their behalf shall be empowered to accept
the Final Abandonment Map for filing unless it is accompanied by the
written resolution of the Planning Board authorizing the abandonment
and authorizing said Village Clerk, Deputy Clerk, Village Assessor
or another acting on their behalf to accept the Final Abandonment
Map for filing.
Judicial review of the determination of the
Planning Board, shall be made within 30 days after the filing in the
Village Clerk's office of the final determination of the Planning
Board in connection with the application. Such proceeding shall be
maintainable pursuant to Civil Practice Law and Rules Article 78 in
the Supreme Court, Nassau County.
