[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]
Application for permission to abandon, in whole or in part, a subdivision of land shall be made to the Planning Board.
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.
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.
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:
All parties having an interest in the subdivision, including those persons having access rights to public or private streets or roads within the subdivision;
The Village of Sands Point;
Any person or persons residing within 200 feet of the subdivision;
Any person or persons who receive or expect to receive utilities through the subdivision; and
Any other person or persons within the village who may reasonably be impacted.
The Planning Board may grant an application to abandon, in whole or in part, with or without certain enumerated conditions, if it finds that:
The health, safety and general welfare of the residents of Sands Point will not be adversely affected by the abandonment of the subdivision; and
The Planning Board shall deny an application to abandon where:
Any person with a legal interest in the property within the subdivision has not consented to the abandonment;
Dedications or offers of dedication to be abandoned are necessary for present or prospective public use;
Five years has not passed between the filing of the subdivision map and the filing of an application for abandonment; or
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.
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.
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.
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.
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.