N.Y. GCT Law § 36 — New York Code / Act GCT / Article 3 / Section 36
Municipal improvements in streets, buildings not on mapped streets
Status: in_force

§ 36. Municipal improvements in streets, buildings not on mapped\nstreets. 1. A city having a population of less than one million. No\npublic municipal street utility or improvement shall be constructed by\nany city having a population of less than one million in any street or\nhighway until it has become a public street or highway and is duly\nplaced on the official map or plan. No permit for the erection of any\nbuilding shall be issued unless a street or highway giving access to\nsuch proposed structure has been duly placed on the official map or\nplan, which street or highway shall have been suitably improved to the\nsatisfaction of the planning board in accordance with standards and\nspecifications approved by the appropriate city departments as adequate\nin respect to the public health, safety and general welfare for the\nspecial circumstances of the particular street or highway or alternately\nthat a performance bond sufficient to cover the full cost of such\nimprovement as estimated by such board shall be furnished to the city by\nthe owner. Such performance bond shall be issued by a bonding or surety\ncompany approved by the corporation counsel of the city, or by the owner\nwith security acceptable to the legislative body, and shall also be\napproved by such corporation counsel as to form, sufficiency and manner\nof execution. The term, manner of modification and method of enforcement\nof such bond shall be determined by the planning board in substantial\nconformity with section thirty-three of this article. The applicant for\nsuch a permit may appeal from the decision of the administrative officer\nhaving charge of the issue of permits to the board of appeals or other\nsimilar board, in any city which has established a board having the\npower to make variances or exceptions in zoning regulations for: (a) an\nexception if the circumstances of the case do not require the structure\nto be related to existing or proposed streets or highways and/or (b) an\narea variance pursuant to section eighty-one-b of this chapter, and the\nsame provisions are hereby applied to such appeals and to such board as\nare provided in cases of appeals on zoning regulations. The board may in\npassing on such appeal make any reasonable exception and issue the\npermit subject to conditions that will protect any future street or\nhighway layout. Any such decision shall be subject to review under the\nprovisions of article seventy-eight of the civil practice law and rules.\n  2. A city having a population of one million or more. No public\nmunicipal street utility or improvement shall be constructed by any city\nhaving a population of one million or more in any street or highway\nuntil it has become a public street or highway and is duly placed on the\nofficial map or plan, with the exception that a city may construct\nimprovements and provide services to any public way (mapped or unmapped)\nif the public way has been open and in use to the public for a minimum\nof ten years. The existence of the public way must be attested to by\ndocuments satisfactory to the municipality, such as reports of city\nagencies providing municipal services. No certificate of occupancy shall\nbe issued in such city for any building unless a street or highway\ngiving access to such structure has been duly placed on the official map\nor plan, which street or highway, and any other mapped street or highway\nabutting such building or structure shall have been suitably improved to\nthe satisfaction of the department of transportation of the city in\naccordance with standards and specifications approved by such department\nas adequate in respect to the public health, safety and general welfare\nfor the special circumstances of the particular street or highway, or,\nalternately, unless the owner has furnished to the department of\ntransportation of such city a performance bond naming the city as\nobligee, approved by such department, to the full cost of such\nimprovement as estimated by such department, or other security approved\nby such department, that such improvement will be completed within the\ntime specified by such department. If such improvement has not been\ninstalled within the time specified by such department, such department\nmay declare such performance bond or other security to be in default and\nshall collect, in the name of the city, the sum remaining payable\nthereunder. Upon receipt of the proceeds thereof, the city shall install\nsuch improvement. If the cost of such improvement exceeds the sum\nremaining payable under such bond or other security, the owner shall be\nliable for and shall pay to the city, the amount of such excess. Where\nthe enforcement of the provisions of this section would entail practical\ndifficulty or unnecessary hardship, and where the circumstances of the\ncase do not require the structure to be related to existing or proposed\nstreets or highways, the applicant for such a certificate of occupancy\nmay appeal from the decision of the administrative officer having charge\nof the issuance of certificates of occupancy to the board of standards\nand appeals or other similar board of such city having power to make\nvariances or exceptions in zoning regulations, and the same provisions\nare hereby applied to such appeals and to such board as are provided in\ncases of appeals on zoning regulations. The board may in passing on such\nappeal make any reasonable exception and issue the certificate of\noccupancy subject to conditions that will protect any future street or\nhighway layout. Any such decision shall be subject to review under the\nprovisions of article seventy-eight of the civil practice law and rules.\nNo permit shall be granted for the erection of any building or structure\nin such city unless the owner has furnished to the commissioner of\ntransportation of such city a policy of liability insurance, marked\npaid, in such amounts as may be fixed by such department, insuring,\nindemnifying and saving the city harmless from any claims, suits,\ndemands, causes of action and judgments by reason of personal injuries\nsustained by any person or persons, including death, and from any\nclaims, suits, demands, causes of action and judgments for damages to\nproperty, occurring on any such street or highway giving access to or\nabutting such structure, up to the date of the issuance of the\ncertificate of occupancy or up to the date of the completion of the\nimprovement of such street or highway as required by or pursuant to this\nsection, whichever is later. In the event that the owner is covered by\nsuch a policy of liability insurance, the department of transportation\nmay accept a certificate of endorsement extending such policy to include\nand cover the city. Every permit issued for the erection of any such\nbuilding or structure shall contain a statement that no certificate of\noccupancy will be issued with respect to such building or structure\nunless a street or highway giving access to such structure has been duly\nplaced on the official map or plan, which street or highway and any\nother mapped street or highway abutting such building or structure shall\nhave been suitably improved to the satisfaction of the department of\ntransportation of the city in accordance with standards and\nspecifications approved by such department as adequate in respect to the\npublic health, safety and general welfare for the special circumstances\nof the particular street or highway or, alternately, unless the owner\nhas furnished to the department of transportation a performance bond\nnaming the city as obligee, approved by such department, sufficient to\ncover the full cost of such improvement as estimated by such department,\nor other security approved by such department, that such improvement\nwill be completed within the time specified by such department.\n  3. Notwithstanding any provision of law, rule or regulation to the\ncontrary, a certificate of occupancy for a one or two family residential\ndwelling which is otherwise in compliance with all applicable laws shall\nbe issued by the department of buildings of the city of New York for any\nbuilding abutting an unmapped street without a review by the board of\nstandards and appeals in the following circumstances: (a) if the\ncorporation counsel of the city of New York has issued an opinion\ndetermining that the public way has been open and in use to the public\nfor a minimum of ten years and has been attested to by documents\nsatisfactory to the municipality, that the unmapped street abutting such\nbuilding or structure shall have been suitably improved to the\nsatisfaction of the department of transportation of the city of New York\nin accordance with standards and specifications approved by such\ndepartment as adequate in respect to the public health, safety and\ngeneral welfare for the special circumstances of the particular unmapped\nstreet, and that such building or structure is equipped with an\nautomatic fire sprinkler, or (b) if the department of buildings of the\ncity of New York determines that such one or two family residential\ndwelling is located within the same block and fronting on the same\nunmapped street in question as another building or structure that\nsuccessfully appealed to the board of standards and appeals and has been\nissued a certificate of occupancy and provided the unmapped street\nfronting such one or two family residential dwelling has been suitably\nimproved to the standards and specifications of such department of\ntransportation, and further provided that such one or two family\nresidential dwelling is equipped with an automatic fire sprinkler\nsystem. Nothing contained in this subdivision shall limit the\njurisdiction of the board of standards and appeals to determine the\napplication of the zoning resolution.\n