New York State Realty Subdivision Laws: Article 11, Title II Public Health Law
The information contained on this website is not the official version of the New York State Public Health Law. No representation is made as to its accuracy. To ensure accuracy and for evidentiary purposes, reference should be made to the official version available on the New York State Legislature Web site. Click on the link for "Laws of New York" and then the link for "PBH Public Health".
Public Health Law - Article 11 - Title II Realty Subdivision: Water and Sewerage Service
Water supplies and sewage disposal systems serving realty subdivisions in New York State are regulated under Article 11, Title II of the Public Health Law and Article 17, Title 15 of the Environmental Conservation Law. This booklet includes these regulations. The Public Health Law establishes water supply requirements, while the Environmental Conservation Law includes requirements for sewerage service.
Under a Memorandum of Understanding with the State Department of Environmental Conservation (NYSDEC), the State Health Department (NYSDOH) has statewide responsibility for approval of all realty subdivisions, including the review and approval of plans for individual sewage treatment systems. NYSDEC retains responsibility only for the review and approval of plans for public or community sewerage. To obtain detailed instructions on submitting an application for the approval of realty subdivision plans, contact your city or county health department, or the state district health office having jurisdiction. Municipal officials representing the locality in which the development is proposed should also be contacted to determine if there are local subdivision requirements.
- 1115 Realty Subdivisions: definitions
- 1115-a Remedy for purchaser of one parcel of unapproved realty subdivision.
- 1116 Realty subdivisions; plans required to be filed and approved.
- 1117 Realty subdivisions; duty of county clerk or registrar in respect to filing of plans and map.
- 1118 Realty subdivisions; local regulations.
- 1119 Realty subdivisions; filing fees to accompany plans.
- 1120 Realty subdivisions; regulation by commissioner.
§1115. Realty Subdivisions; Definitions
- (1) As used in sections one thousand one hundred fifteen to one thousand one hundred eighteen of this chapter, inclusive, the word "subdivision" shall mean any tract of land which is divided into five or more parcels, after the effective date of this act, along an existing or proposed street, highway, easement or right-of-way for sale or for rent as residential lots or residential building plots, and in the county of Suffolk also as business, commercial or industrial lots or building plots, regardless of whether the lots or plots to be sold or offered for sale, or leased for any period of time, are described by metes and bounds or by reference to a map or survey of the property or by any other method of description and regardless of whether the lots or plots are contiguous. A tract of land shall constitute a subdivision upon the sale, rental or offer for sale or lease of the fifth residential lot or residential building plot therefrom within any consecutive three year period, and at this time the provisions of section eleven hundred sixteen of the public health law shall apply to all such parcels thereof, including the first four parcels, regardless of whether said parcels have been sold, rented or offered for sale or lease singly or collectively.
- (2) The word "tract" shall mean any body of land, including contiguous parcels of land, under one ownership or under common control of any group of persons acting in concert as part of a common scheme or plan.
- (3) "Residential lot" or "residential building plot" shall mean any parcel of land of five acres or less, any point on the boundary line of which is less than one-half mile from any point on the boundary line of another such lot in the same tract, unless any such lot may not legally be used for residential purposes. Without limiting the generality of the foregoing, the term "residential" shall include temporary, seasonal and permanent residential use.
§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.
§1116. Realty Subdivisions; Plans Required To Be Filed And Approved
- (1) No subdivision or portion thereof shall be sold, offered for sale, leased or rented by any corporation, company or person, and no permanent building shall be erected thereon, until a plan or map of such subdivision shall be filed with and approved by the department or city, county or part-county department of health having jurisdiction and in the county of Suffolk until a plan or map shall have been also filed with and approved by the county department of environmental control and such plan or map thereafter filed in the office of the clerk of the county in which such subdivision is located.
- (2) Such plan or map shall show methods for obtaining and furnishing adequate and satisfactory water supply to said subdivision.
- (3) The installation of such facilities shall be in accordance with the plans or any revision or revisions thereof approved by the department or city, county or part-county department of health having jurisdiction.
§1117. Realty Subdivisions; Duty Of County Clerk Or Registrar In Respect To Filing Of Plans And Map
The county clerk or registrar shall not file nor record nor accept for filing or recording any map or plat showing a subdivision of land in any town, village or city having a population of less than one million unless there is endorsed thereon or annexed thereto a certificate of the department or city, county or part-county department of health having jurisdiction approving the water supply system proposed or installed for such subdivision and consenting to the filing thereof.
§1118. Realty Subdivisions; Local Regulations
- (1) Any city or county which has established or establishes a city, county or part-county department of health may adopt regulations for the control of such developments. Regulations adopted by a county or city board of health may include, but not be limited to, establishment of such requirements as it may deem necessary to guarantee the installation of such water supply in accordance with the plans heretofore or hereinafter approved by the county or city department of health or any approved revision or revisions thereof.
- (2) Nothing contained in sections one thousand one hundred fifteen to one thousand one hundred eighteen of this chapter, inclusive, shall be construed to delegate the general powers of the department of environmental conservation nor to impair nor to deprive such department of its powers and functions as now provided by law.
§1119. Realty Subdivisions; Filing Fees To Accompany Plans
- (1) At the time of submitting a plan for approval as required by this article, a filing fee computed at the rate of twelve dollars and fifty cents per lot shall be paid to the department or to the city, county or part-county health district wherein such plans are filed.
- (2) The department, or the city, county or part-county health district, shall not review or approve any such subdivision map submitted for approval after this section takes effect until such fee, as herein provided, has been received by it.
- (3) If any plan submitted to the department, or to a city, county or part-county health district, cannot be approved, such plan shall be returned to the person who submitted the plan with a summary of the reasons for disapproval.
- (4) Notwithstanding any other provision of this title the commissioner of health is empowered to make administrative arrangements with the commissioner of environmental conservation for joint or cooperative administration of this title and title fifteen of article seventeen of the environmental conservation law, such that only one plan must be filed and only one fee totaling twenty five dollars per lot must be paid.
§1120. Realty Subdivisions; Regulation By Commissioner
The commissioner of health may from time to time establish by rule or regulation standards for subdivisions necessary to effect the purposes of this title and not inconsistent with regulations of a city, county or part-county department of health having jurisdiction, now or hereafter adopted pursuant to law. In the event of and to the extent of such inconsistency, the standards established by the commissioner shall be deemed inapplicable.