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.
New York Legal Code