N.Y. Comp. Codes R. & Regs. Tit. 9 §§ 270-4.6

Current through Register Vol. 46, No. 45, November 2, 2024

Section 270-4.6 - Necessary affidavits and papers

The following affidavits, maps and papers are to be filed with the Commissioner of General Services on or before the return date set forth in the application.

(a) An affidavit showing publication of the notice of application at least once a week for four weeks, successively, in a newspaper printed in the county or counties in which the land applied for is situated, the first publication of such notice to be at least 28 days before the date of application. This provision shall not apply if the application is made under the provisions of subdivisions 11 and 12 of section 75 of the Public Lands Law.

(b) An affidavit showing that a copy of said notice of application was posted at the courthouse in the county or counties in which the land applied for is situated. The said copy of such notice shall be posted on or before the first day of publication and for at least 28 days before the date of application. When an application is made under the provisions of subdivisions 11 and 12 of section 75 of said law, a copy of such notice need not be posted.

(c) An affidavit showing that a copy of said notice of application was served at least 20 days before the date of application upon the owners of waterfront land adjoining the upland of the applicant. Said notice shall be served on such owners personally, if such service can be made within this State. If the applicant is not able to cause said notice to be served personally within this State after making diligent efforts to do so, he may cause the same to be served by affixing the notice of application to the door of either the actual place of business, dwelling place or usual place of abode within the State of the person to be served and by either mailing the notice to such person at his last known residence or by mailing the notice to the person to be served at his actual place of business certified mail, return receipt requested. When an application is made under the provisions of subdivision 11 of section 75 of the Public Lands Law, an affidavit is required showing that a copy of the notice of application was served at least 20 days before date of the application on the owners of the land, if any, inshore of the land applied for, to and including the high water line. If such latter requirement is not practicable of performance, such fact will be made known to the Division of Land Utilization.

(d) In all applications for grants of land underwater within the city of New York, an affidavit of service of said notice of application and maps upon the corporation counsel of the city of New York.

(e) In cities having a population of one million or more inhabitants, an affidavit of personal service or by registered or certified mail of the notice of application upon all owners of waterfront land within 300 feet from the side boundaries of the upland of the applicant including the latest complete tax assessment roll to identify such owners.

(f) An affidavit of the applicant stating: that the land is necessary for one or more of the purposes set forth in subdivision 7 of section 75 of the Public Lands Law; that the applicant intends in good faith to use and maintain the land for such purpose; the amount of the assessed value of the upland owned by applicant on the current assessment roll of the city or town in which said land is situated; and the area of said upland including the equalization rate of the municipality and a copy of the applicable section of the tax map.

(g) When the land applied for is situated within the corporate limits of any city or incorporated village, an affidavit of the personal service of a copy of the notice upon the mayor or clerk of the common council of the city or upon the mayor or clerk of the village shall be submitted. If the land applied for is not within the limits of any city or incorporated village, an affidavit of personal service of a copy of the notice upon the supervisor or town clerk of the town in which said land is situated shall be submitted. Such service shall be made at least 20 days before the date of application.

(h) Except in cases where an application is made under the provisions of subdivision 11 of section 75 of the Public Lands Law, a search or an abstract of title of the land of the applicant covering a period of at least 30 years prior to the time of application shall be submitted. Liens and encumbrances, unpaid taxes, restrictive covenants and agreements need not be set forth unless relevant to the chain of title. A full description of such land shall be set forth in the abstract, but need not be repeated. Copies of maps referred to in the description or copies of portions thereof, diagrams, or other information, where any of these are necessary in order that the location or boundaries of the land may be understood, shall be furnished. The abstract shall be certified by a county clerk, title company or attorney. In the event title insurance and/or title certification includes the lands applied for, the requirement of an abstract of title may be waived or modified by the Commissioner of General Services.

(1) Where evidence of record title of the adjacent upland satisfactory to the commissioner cannot be submitted, and where the applicant relies on adverse possession to establish title to said adjacent upland, the claim of title shall be determined by Judgment in an action pursuant to article 15 of the Real Property Actions and Proceedings Law.

(2) When the application is made under the provisions of subdivision 11 of section 75 of the Public Lands Law, an abstract of title to the land applied for is required. The abstract shall begin with the date of the original grant from the People of the State of New York, and shall be in such form and manner as specified by the commissioner.

(i) The original tracing of the official map as described in section 270-4.3 of this Subpart.

(j) When the land applied for is under the waters of the St. Lawrence or Niagara rivers, an affidavit of service of a copy of the notice upon the Power Authority of the State of New York shall be submitted. Such service shall be made at least 20 days before the date of application.

(k) A duplicate copy of any permit issued by the U.S. Department of the Army, Corps of Engineers or any pending application.

(l) A completed environmental assessment form and/or marine project information, if necessary, or other completed pertinent SEQRA documentation.

(m) The commissioner may require additional submissions when such information is necessary for review of the application.

N.Y. Comp. Codes R. & Regs. Tit. 9 §§ 270-4.6