Section 34-0113. Applicability


Latest version.
  • The  provisions  of  this article shall not apply to any activities or
      development for which final approval shall have been obtained  from  the
      local  government  or  other  authorities  having jurisdiction over such
      activities or development, if such final approval was obtained prior  to
      the  date  of  approval  of  erosion  hazard  area  regulations  by  the
      commissioner pursuant to section 34-0105 or 34-0106 of this article,  or
      promulgation  of  such  regulations  pursuant to section 34-0107 of this
      article. As used in this section, the term "final approval" shall mean:
        1. in the case of subdivision  of  land,  conditional  or  preliminary
      approval of such plat pursuant to section two hundred seventy-six of the
      town  law, section 7-728 of the village law or section thirty-two of the
      general city law; provided, however, that final plat approval is granted
      within six months of preliminary plat approval.
        2. in the case of a site plan not involving the subdivision  of  land,
      approval by the appropriate body or office of a city, town or village of
      the site plan.
        3.  in  those  cases  not  covered  by  subdivision one or two of this
      section, the issuance of a building permit or  other  authorization  for
      the  commencement of the activities or development for which such permit
      or authorization was issued or in those local governments which  do  not
      require  such  permits or authorizations, the actual commencement of the
      activities or development.