2023 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.