2023 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.