N.Y. Town Law § 265-a: Exemption of lots shown on approved subdivision plats

§ 265-a. Exemption of lots shown on approved subdivision plats. 1.

Notwithstanding any inconsistent provision of this chapter or of any

general, special or local law, the provisions of a zoning ordinance or

local law hereafter adopted, or of a change or amendment thereto, which

provisions:

(a) establish or increase lot areas or lot dimensions which are in

excess of the areas or dimensions of the lots shown and delineated on a

residential subdivision plat which has been duly approved by the

planning board, or other board or officer vested with authority to

approve subdivision plats, if any, of the town in which the land shown

on said plat is situate and duly filed in the office of the recording

officer of the county in which the land shown on said subdivision plat

is situate; or

(b) establish or increase side, rear or front yard or set back

requirements in excess of those applicable to lots under the provisions

of the zoning ordinance or local law, if any, in force and effect at the

time of the filing of the said duly approved residential subdivision

plat or first section thereof

shall not, for the period of time prescribed in subdivision two of

this section, be applicable to or in any way affect any of the lots

shown and delineated on such subdivision plat.

2. If at the time of the filing of the subdivision plat or first

section thereof referred to in subdivision one of this section there was

in the town:

(a) both a zoning ordinance or local law and a planning board vested

with authority to approve subdivision plats, then the exemption provided

for in subdivision one of this section shall apply for a period of three

years after the filing of the approved subdivision plat or first section

thereof; or

(b) a zoning ordinance or local law in effect in the town but there

was no planning board in said town vested with authority to approve

subdivision plats, then the exemption provided for in subdivision one of

this section shall apply for a period of two years after the filing of

the approved subdivision plat or first section thereof; or

(c) no zoning ordinance or local law in the town but there was a

planning board vested with authority to approve subdivision plats, then

the exemption provided for in subdivision one of this section shall

apply for a period of two years after the filing of the approved

subdivision plat or first section thereof; or

(d) no zoning ordinance or local law in the town and no planning board

vested with authority to approve subdivision plats, then the exemption

provided for in subdivision one of this section shall apply for a period

of one year after the filing of the subdivision plat or first section

thereof.

3. If such period of exemption would expire within one year from the

date of the filing of a section of the approved plat, it shall be

extended for that section for a period of one year from the date of the

filing of such section.