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

§ 17-1513. Remedy for purchaser of one parcel of unapproved realty\n subdivision.\n 1. The owner of a parcel of land acquired as one parcel for\nresidential purposes may apply to the department or local health\ndepartment having jurisdiction for a certificate approving the sewage\nfacilities for said parcel as adequate and satisfactory. The\napplication shall include the description of the parcel as specified in\nthe instrument, by which owner acquired title.\n 2. The proper department shall entertain said application and issue\nsaid certificate providing the sewage facilities will not, in the\nopinion of such department, result in the contravention of standards\nadopted for and assigned to the receiving waters pursuant to this\nchapter, or be injurious to public health for the public enjoyment of\nsaid waters, the propagation and protection of fish and wild life or the\nindustrial development of the state or result in the exposure of sewage\non the ground surface or impair the quality of the ground water for\ndrinking purposes or otherwise create a nuisance, or menace or potential\nmenace to health.\n 3. The certificate approving the sewage facilities for said parcel\nshall contain the name of the owner-applicant and the description of the\nproperty set forth in the application. The owner shall append the\ncertificate of approval to a verified petition directed to the county\nclerk of the county wherein the property is located, praying that the\npetition and certificate of approval annexed be recorded and indexed\nagainst the owner-petitioner.\n 4. The county clerk upon receiving the petition with annexed\ncertificate of approval, and upon tender of the lawful recording fees,\nshall record the same in his office and index it against the\nowner-petitioner. The recording of the petition with annexed certificate\nof approval shall be deemed compliance with section 17-1505, for the\nparcel described.\n 5. a. This section shall apply only to a single residential lot which\nwas acquired without having complied with the provisions of former\nsection 89 of the Public Health Law or section 17-1505 of this title but\nwas:\n 1. acquired by the owner-applicant prior to January first, nineteen\nhundred seventy-one; or\n 2. acquired by the owner-applicant through devise or intestate\nsuccession; or\n 3. not at the time of acquisition of title by the owner-applicant, a\npart of a subdivision, as such term is defined in section 17-1501 of\nthis title.\n b. In addition, this section shall apply to a single residential lot\nwhich the appropriate department deems proper for approval because of\nhardship or other special circumstances established to its satisfaction\nby the owner-applicant.\n