N.Y. Village Law § 7-709: Exemption of lots shown on approved subdivision plats

§ 7-709. 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 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 village 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 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 village:

(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 village but there

was no planning board in said village 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 village 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 village 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.