A realty subdivision
is created when a parcel of land is divided up or lots are sold from
it. The Chautauqua County Health Department administers Article 11,
Title
II of the NYS Public Health Law,
Article 17, Title 15 of the NYS Environmental Conservation Law
and Part
74 of the New York State Sanitary Code. These laws state that
a realty subdivision means any tract of land which is divided into
five or more parcels for sale or rent as residential lots. A tract
of land constitutes a subdivision upon the sale, rental or offer for
sale or lease of the fifth residential lot within any three consecutive
year period. Parcels that are greater than five acres in area are
excluded from being considered residential lots.
Subdivisions require approval by the Health Department and must be
filed with the County Clerk prior to the sale or offering for sale
of lots.
Subdivisions may be developed with either individual
water and/or sewage systems or with community water and/or sewage
systems. However, Part 74 requires that community water systems
must be provided if a subdivision consists of 50 lots or more or
if individual wells cannot provide a yield of 5 gallons per minute
or more. The water must be of potable quality and wells cannot adversely
affect neighboring wells. Community sewage systems are required
if the subdivision consists of 50 lots or more or if the soil percolation
rate is lower than 60 minutes per inch. Only subsurface leaching
systems utilizing a septic tank may be used for individual systems.
Septic tank and sand filter or aeration systems cannot be utilized
in subdivisions. There are other requirements contained in Part
74 that a potential developer should review.
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