N.Y. Real Property Law § 339-f: Application of article

§ 339-f. Application of article. 1. This article shall be applicable

only to property the sole owner or all the owners of which submit the

same to the provisions hereof by duly executing and recording a

declaration as hereinafter provided.

2. Such property shall be submitted and subject to the authority of

and review by the county planning agency as set forth in section two

hundred thirty-nine-n of article twelve-B of the general municipal law,

irrespective of and notwithstanding the distance requirement of the

second unnumbered paragraph of such section, and as though the property

were a subdivision plat subject to such section. This subdivision shall

not be applicable to:

(i) property which has received local planning board approval prior to

December twenty-first, nineteen hundred seventy-eight; or

(ii) property submitted to the provisions of this article on which any

building or buildings or any portion thereof has been rented to any

tenant or tenants.