N.Y. Real Prop. Acts. Law § 339-f

§ 339-f. Application of article. 1. This article shall be applicable\nonly to property the sole owner or all the owners of which submit the\nsame to the provisions hereof by duly executing and recording a\ndeclaration as hereinafter provided.\n 2. Such property shall be submitted and subject to the authority of\nand review by the county planning agency as set forth in section two\nhundred thirty-nine-n of article twelve-B of the general municipal law,\nirrespective of and notwithstanding the distance requirement of the\nsecond unnumbered paragraph of such section, and as though the property\nwere a subdivision plat subject to such section. This subdivision shall\nnot be applicable to:\n (i) property which has received local planning board approval prior to\nDecember twenty-first, nineteen hundred seventy-eight; or\n (ii) property submitted to the provisions of this article on which any\nbuilding or buildings or any portion thereof has been rented to any\ntenant or tenants.\n