NY Town L § 280-A (2021)
2021 New York Laws TWN - Town Article 16 - Zoning and Planning 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.