Section 7-709. 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 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.