NY Vill L § 7-736 (2021)
2021 New York Laws VIL - Village Article 7 - Building Zones 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.