Section 265-A. Exemption of lots shown on approved subdivision plats  


Latest version.
  • 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.