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.
Last modified: February 3, 2019