N.Y. Village Law § 7-736: Construction of municipal utility in streets; permits for erection of buildings; appeal; review by court

§ 7-736 Construction of municipal utility in streets; permits for

erection of buildings; appeal; review by court. 1. No public municipal

street utility or improvement shall be constructed by the village in any

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

duly placed on the official map or plan; except that the board of

trustees may authorize the construction of a public municipal street

utility or improvement in or under a street which has not been

dedicated, but which has been used by the public as a street for five

years or more, prior to March second, nineteen hundred thirty-eight, and

is shown as a street on a plat of a subdivision of land which had been

filed prior to March second, nineteen hundred thirty-eight, in the

office of the county clerk or register of the county in which such

village is located.

2. 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,

town or village highway, or (b) a street shown upon a plat approved by

the planning board as provided under the provisions 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. Before such permit shall be issued

such 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 village officers as adequate

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

special circumstances of the particular street or highway, or

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 or other appropriate village departments designated by such

board shall be furnished to the village by the owner. Such performance

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

board of trustees or by the owner with security acceptable to the board

of trustees, and shall also be approved by the village attorney 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 7-730 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 village 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

7-712-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 in the same manner and pursuant to the same

provisions as in appeals from the decisions of such board upon zoning

regulations.