N.Y. Town Law § 280-a: Permits for buildings not on improved mapped streets

§ 280-a. Permits for buildings not on improved mapped streets. 1. 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, or if there be no official map or plan,

unless such street or highway is (a) an existing state, county or town

highway, or (b) a street shown upon a plat approved by the planning

board as provided in sections two hundred seventy-six and two hundred

seventy-seven of this article, as in effect at the time such plat was

approved, or (c) a street on a plat duly filed and recorded in the

office of the county clerk or register prior to the appointment of such

planning board and the grant to such board of the power to approve

plats.

2. Before such permit shall be issued such street or highway shall

have been suitably improved to the satisfaction of the town board or

planning board, if empowered by the town board in accordance with

standards and specifications approved by the town board, as adequate in

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

circumstances of the particular street or highway.

Alternatively, and in the discretion of such board, a performance bond

sufficient to cover the full cost of such improvement as estimated by

such board shall be furnished to the town by the owner. Such

performance bond shall be issued by a bonding or surety company approved

by the town board or by the owner with security acceptable to the town

board, and shall also be approved by such town board 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

appropriate board in substantial conformity with section two hundred

seventy-seven of this article.

3. 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 town 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 two

hundred sixty-seven-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 by certiorari order issued out

of a special term of the supreme court in the same manner and pursuant

to the same provisions as in appeals from the decisions of such board

upon zoning regulations.

4. The town board may, by resolution, establish an open development

area or areas within the town, wherein permits may be issued for the

erection of structures to which access is given by right of way or

easement, upon such conditions and subject to such limitations as may be

prescribed by general or special rule of the planning board, if one

exists, or of the town board if a planning board does not exist. If a

planning board exists in such town, the town board, before establishing

any such open development area or areas, shall refer the matter to such

planning board for its advice and shall allow such planning board a

reasonable time to report.

5. For the purposes of this section the word "access" shall mean that

the plot on which such structure is proposed to be erected directly

abuts on such street or highway and has sufficient frontage thereon to

allow the ingress and egress of fire trucks, ambulances, police cars and

other emergency vehicles, and, a frontage of fifteen feet shall

presumptively be sufficient for that purpose.