N.Y. Environmental Conservation Law § 17-1513: Remedy for purchaser of one parcel of unapproved realty subdivision

§ 17-1513. Remedy for purchaser of one parcel of unapproved realty

subdivision.

1. The owner of a parcel of land acquired as one parcel for

residential purposes may apply to the department or local health

department having jurisdiction for a certificate approving the sewage

facilities for said parcel as adequate and satisfactory. The

application shall include the description of the parcel as specified in

the instrument, by which owner acquired title.

2. The proper department shall entertain said application and issue

said certificate providing the sewage facilities will not, in the

opinion of such department, result in the contravention of standards

adopted for and assigned to the receiving waters pursuant to this

chapter, or be injurious to public health for the public enjoyment of

said waters, the propagation and protection of fish and wild life or the

industrial development of the state or result in the exposure of sewage

on the ground surface or impair the quality of the ground water for

drinking purposes or otherwise create a nuisance, or menace or potential

menace to health.

3. The certificate approving the sewage facilities for said parcel

shall contain the name of the owner-applicant and the description of the

property set forth in the application. The owner shall append the

certificate of approval to a verified petition directed to the county

clerk of the county wherein the property is located, praying that the

petition and certificate of approval annexed be recorded and indexed

against the owner-petitioner.

4. The county clerk upon receiving the petition with annexed

certificate of approval, and upon tender of the lawful recording fees,

shall record the same in his office and index it against the

owner-petitioner. The recording of the petition with annexed certificate

of approval shall be deemed compliance with section 17-1505, for the

parcel described.

5. a. This section shall apply only to a single residential lot which

was acquired without having complied with the provisions of former

section 89 of the Public Health Law or section 17-1505 of this title but

was:

1. acquired by the owner-applicant prior to January first, nineteen

hundred seventy-one; or

2. acquired by the owner-applicant through devise or intestate

succession; or

3. not at the time of acquisition of title by the owner-applicant, a

part of a subdivision, as such term is defined in section 17-1501 of

this title.

b. In addition, this section shall apply to a single residential lot

which the appropriate department deems proper for approval because of

hardship or other special circumstances established to its satisfaction

by the owner-applicant.