Section 1115-A. Remedy for purchaser of one parcel of unapproved realty subdivision  


Latest version.
  • 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.