N.Y. Public Health Law § 1115-a: Remedy for purchaser of one parcel of unapproved realty subdivision

§ 1115-a. 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 local or state health

department having jurisdiction for a certificate approving the water

supply 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 that the water supply shall, in the opinion

of such department, be adequate in quality and potable and

unobjectionable in physical and chemical quality and not be or become so

polluted or subject to such pollution as to constitute a menace or

potential menace to the public health or the health of persons using or

who may use the water thereby supplied.

3. The certificate approving the water supply 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 eleven hundred

sixteen of this title, for the parcel described.

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

acquired May third, nineteen hundred sixty-six without having complied

with the provisions of former section eighty-nine of the public health

law or section eleven hundred sixteen of this title but was:

(a) acquired by the owner-applicant prior to January first, nineteen

hundred seventy-one; or

(b) acquired by the owner-applicant through devise or intestate

succession; or

(c) not at the time of acquisition of title by the owner-applicant, a

part of a subdivision, as such term is defined in section eleven hundred

fifteen of this title.

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.