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This entry was published on 2014-09-22
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SECTION 1115-A
Remedy for purchaser of one parcel of unapproved realty subdivision
Public Health (PBH) CHAPTER 45, ARTICLE 11, TITLE 2
§ 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.