2006 New York Code - Application Of Article.

 
    §  339-f.  Application of article. 1. This article shall be applicable
  only to property the sole owner or all the owners of  which  submit  the
  same  to  the  provisions  hereof  by  duly  executing  and  recording a
  declaration as hereinafter provided.
    2. Such property shall be submitted and subject to  the  authority  of
  and  review  by  the  county planning agency as set forth in section two
  hundred thirty-nine-n of article twelve-B of the general municipal  law,
  irrespective  of  and  notwithstanding  the  distance requirement of the
  second unnumbered paragraph of such section, and as though the  property
  were  a subdivision plat subject to such section. This subdivision shall
  not be applicable to:
    (i) property which has received local planning board approval prior to
  December twenty-first, nineteen hundred seventy-eight; or
    (ii) property submitted to the provisions of this article on which any
  building or buildings or any portion thereof  has  been  rented  to  any
  tenant or tenants.