§ 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 section 17-1505 of this title but
was:

1. acquired by the owner-applicant prior to January first, nineteen
hundred seventy-one; or

2. acquired by the owner-applicant through devise or intestate
succession; or

3. not at the time of acquisition of title by the owner-applicant, a
part of a subdivision, as such term is defined in 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.