Section 1115. Realty subdivisions; definitions

1. As used in sections one
  thousand one hundred fifteen to one thousand  one  hundred  eighteen  of
  this  chapter, inclusive, the word "subdivision" shall mean any tract of
  land which is divided into five or more  parcels,  after  the  effective
  date  of  this act, along an existing or proposed street(s), highway(s),
  easement(s) or right(s)-of-way for sale or for rent as residential  lots
  or  residential  building  plots,  and  in the county of Suffolk also as
  business, commercial or industrial lots or building plots, regardless of
  whether the lots or plots to be sold or offered for sale, or leased  for
  any period of time, are described by metes and bounds or by reference to
  a  map  or  survey of the property or by any other method of description
  and regardless of whether the lots or plots are contiguous. A  tract  of
  land  shall  constitute a subdivision upon the sale, rental or offer for
  sale or lease of the fifth residential lot or residential building  plot
  therefrom within any consecutive three year period, and at this time the
  provisions  of  section  eleven hundred sixteen of the public health law
  shall apply to all  such  parcels  thereof,  including  the  first  four
  parcels,  regardless  of  whether said parcels have been sold, rented or
  offered for sale or lease singly or collectively.
    2. The word "tract" shall mean any body of land, including  contiguous
  parcels  of  land,  under  one  ownership or under common control of any
  group of persons acting in concert as part of a common scheme or plan.
    3. "Residential lot" or "residential building  plot"  shall  mean  any
  parcel  of land of five acres or less, any point on the boundary line of
  which is less than one-half mile from any point on the boundary line  of
  another  such lot in the same tract, unless any such lot may not legally
  be used for residential purposes. Without limiting the generality of the
  foregoing, the term "residential" shall include temporary, seasonal  and
  permanent residential use.