NY Gen City L § 36 (2021)
2021 New York Laws GCT - General City Article 3 - Enacted Without a Hdg 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.