N.Y. General City Law § 36: Municipal improvements in streets, buildings not on mapped streets

§ 36. Municipal improvements in streets, buildings not on mapped

streets. 1. A city having a population of less than one million. No

public municipal street utility or improvement shall be constructed by

any city having a population of less than one million in any street or

highway until it has become a public street or highway and is duly

placed on the official map or plan. No permit for the erection of any

building shall be issued unless a street or highway giving access to

such proposed structure has been duly placed on the official map or

plan, which street or highway shall have been suitably improved to the

satisfaction of the planning board in accordance with standards and

specifications approved by the appropriate city departments as adequate

in respect to the public health, safety and general welfare for the

special circumstances of the particular street or highway or alternately

that a performance bond sufficient to cover the full cost of such

improvement as estimated by such board shall be furnished to the city by

the owner. Such performance bond shall be issued by a bonding or surety

company approved by the corporation counsel of the city, or by the owner

with security acceptable to the legislative body, and shall also be

approved by such corporation counsel as to form, sufficiency and manner

of execution. The term, manner of modification and method of enforcement

of such bond shall be determined by the planning board in substantial

conformity with section thirty-three of this article. The applicant for

such a permit may appeal from the decision of the administrative officer

having charge of the issue of permits to the board of appeals or other

similar board, in any city which has established a board having the

power to make variances or exceptions in zoning regulations for: (a) an

exception if the circumstances of the case do not require the structure

to be related to existing or proposed streets or highways and/or (b) an

area variance pursuant to section eighty-one-b of this chapter, and the

same provisions are hereby applied to such appeals and to such board as

are provided in cases of appeals on zoning regulations. The board may in

passing on such appeal make any reasonable exception and issue the

permit subject to conditions that will protect any future street or

highway layout. Any such decision shall be subject to review under the

provisions of article seventy-eight of the civil practice law and rules.

2. A city having a population of one million or more. No public

municipal street utility or improvement shall be constructed by any city

having a population of one million or more in any street or highway

until it has become a public street or highway and is duly placed on the

official map or plan, with the exception that a city may construct

improvements and provide services to any public way (mapped or unmapped)

if the public way has been open and in use to the public for a minimum

of ten years. The existence of the public way must be attested to by

documents satisfactory to the municipality, such as reports of city

agencies providing municipal services. No certificate of occupancy shall

be issued in such city for any building unless a street or highway

giving access to such structure has been duly placed on the official map

or plan, which street or highway, and any other mapped street or highway

abutting such building or structure shall have been suitably improved to

the satisfaction of the department of transportation of the city in

accordance with standards and specifications approved by such department

as adequate in respect to the public health, safety and general welfare

for the special circumstances of the particular street or highway, or,

alternately, unless the owner has furnished to the department of

transportation of such city a performance bond naming the city as

obligee, approved by such department, to the full cost of such

improvement as estimated by such department, or other security approved

by such department, that such improvement will be completed within the

time specified by such department. If such improvement has not been

installed within the time specified by such department, such department

may declare such performance bond or other security to be in default and

shall collect, in the name of the city, the sum remaining payable

thereunder. Upon receipt of the proceeds thereof, the city shall install

such improvement. If the cost of such improvement exceeds the sum

remaining payable under such bond or other security, the owner shall be

liable for and shall pay to the city, the amount of such excess. Where

the enforcement of the provisions of this section would entail practical

difficulty or unnecessary hardship, and where the circumstances of the

case do not require the structure to be related to existing or proposed

streets or highways, the applicant for such a certificate of occupancy

may appeal from the decision of the administrative officer having charge

of the issuance of certificates of occupancy to the board of standards

and appeals or other similar board of such city having power to make

variances or exceptions in zoning regulations, and the same provisions

are hereby applied to such appeals and to such board as are provided in

cases of appeals on zoning regulations. The board may in passing on such

appeal make any reasonable exception and issue the certificate of

occupancy subject to conditions that will protect any future street or

highway layout. Any such decision shall be subject to review under the

provisions of article seventy-eight of the civil practice law and rules.

No permit shall be granted for the erection of any building or structure

in such city unless the owner has furnished to the commissioner of

transportation of such city a policy of liability insurance, marked

paid, in such amounts as may be fixed by such department, insuring,

indemnifying and saving the city harmless from any claims, suits,

demands, causes of action and judgments by reason of personal injuries

sustained by any person or persons, including death, and from any

claims, suits, demands, causes of action and judgments for damages to

property, occurring on any such street or highway giving access to or

abutting such structure, up to the date of the issuance of the

certificate of occupancy or up to the date of the completion of the

improvement of such street or highway as required by or pursuant to this

section, whichever is later. In the event that the owner is covered by

such a policy of liability insurance, the department of transportation

may accept a certificate of endorsement extending such policy to include

and cover the city. Every permit issued for the erection of any such

building or structure shall contain a statement that no certificate of

occupancy will be issued with respect to such building or structure

unless a street or highway giving access to such structure has been duly

placed on the official map or plan, which street or highway and any

other mapped street or highway abutting such building or structure shall

have been suitably improved to the satisfaction of the department of

transportation of the city in accordance with standards and

specifications approved by such department as adequate in respect to the

public health, safety and general welfare for the special circumstances

of the particular street or highway or, alternately, unless the owner

has furnished to the department of transportation a performance bond

naming the city as obligee, approved by such department, sufficient to

cover the full cost of such improvement as estimated by such department,

or other security approved by such department, that such improvement

will be completed within the time specified by such department.

3. Notwithstanding any provision of law, rule or regulation to the

contrary, a certificate of occupancy for a one or two family residential

dwelling which is otherwise in compliance with all applicable laws shall

be issued by the department of buildings of the city of New York for any

building abutting an unmapped street without a review by the board of

standards and appeals in the following circumstances: (a) if the

corporation counsel of the city of New York has issued an opinion

determining that the public way has been open and in use to the public

for a minimum of ten years and has been attested to by documents

satisfactory to the municipality, that the unmapped street abutting such

building or structure shall have been suitably improved to the

satisfaction of the department of transportation of the city of New York

in accordance with standards and specifications approved by such

department as adequate in respect to the public health, safety and

general welfare for the special circumstances of the particular unmapped

street, and that such building or structure is equipped with an

automatic fire sprinkler, or (b) if the department of buildings of the

city of New York determines that such one or two family residential

dwelling is located within the same block and fronting on the same

unmapped street in question as another building or structure that

successfully appealed to the board of standards and appeals and has been

issued a certificate of occupancy and provided the unmapped street

fronting such one or two family residential dwelling has been suitably

improved to the standards and specifications of such department of

transportation, and further provided that such one or two family

residential dwelling is equipped with an automatic fire sprinkler

system. Nothing contained in this subdivision shall limit the

jurisdiction of the board of standards and appeals to determine the

application of the zoning resolution.