2023 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.