N.Y.
Environmental Conservation Law Section 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 § 17-1505 (Plans required to be filed and approved)section 17-1505 of this title but was:1.
acquired by the owner-applicant prior to January first, nineteen hundred seventy-one; or2.
acquired by the owner-applicant through devise or intestate succession; or3.
not at the time of acquisition of title by the owner-applicant, a part of a subdivision, as such term is defined in § 17-1501 (Definitions)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.
Source:
Section 17-1513 — Remedy for purchaser of one parcel of unapproved realty subdivision, https://www.nysenate.gov/legislation/laws/ENV/17-1513 (updated Sep. 22, 2014; accessed Dec. 21, 2024).
