§ 280-A — Permits for buildings not on improved mapped streets

§ 280-a. Permits for buildings not on improved mapped streets. 1. No\npermit for the erection of any building shall be issued unless a street\nor highway giving access to such proposed structure has been duly placed\non the official map or plan, or if there be no official map or plan,\nunless such street or highway is (a) an existing state, county or town\nhighway, or (b) a street shown upon a plat approved by the planning\nboard as provided in sections two hundred seventy-six and two hundred\nseventy-seven of this article, as in effect at the time such plat was\napproved, or (c) a street on a plat duly filed and recorded in the\noffice of the county clerk or register prior to the appointment of such\nplanning board and the grant to such board of the power to approve\nplats.\n 2. Before such permit shall be issued such street or highway shall\nhave been suitably improved to the satisfaction of the town board or\nplanning board, if empowered by the town board in accordance with\nstandards and specifications approved by the town board, as adequate in\nrespect to the public health, safety and general welfare for the special\ncircumstances of the particular street or highway.\n Alternatively, and in the discretion of such board, a performance bond\nsufficient to cover the full cost of such improvement as estimated by\nsuch board shall be furnished to the town by the owner. Such\nperformance bond shall be issued by a bonding or surety company approved\nby the town board or by the owner with security acceptable to the town\nboard, and shall also be approved by such town board as to form,\nsufficiency and manner of execution. The term, manner of modification\nand method of enforcement of such bond shall be determined by the\nappropriate board in substantial conformity with section two hundred\nseventy-seven of this article.\n 3. The applicant for such a permit may appeal from the decision of the\nadministrative officer having charge of the issue of permits to the\nboard of appeals or other similar board, in any town which has\nestablished a board having the power to make variances or exceptions in\nzoning regulations for: (a) an exception if the circumstances of the\ncase do not require the structure to be related to existing or proposed\nstreets or highways, and/or (b) an area variance pursuant to section two\nhundred sixty-seven-b of this chapter, and the same provisions are\nhereby applied to such appeals and to such board as are provided in\ncases of appeals on zoning regulations. The board may in passing on\nsuch appeal make any reasonable exception and issue the permit subject\nto conditions that will protect any future street or highway layout. Any\nsuch decision shall be subject to review by certiorari order issued out\nof a special term of the supreme court in the same manner and pursuant\nto the same provisions as in appeals from the decisions of such board\nupon zoning regulations.\n 4. The town board may, by resolution, establish an open development\narea or areas within the town, wherein permits may be issued for the\nerection of structures to which access is given by right of way or\neasement, upon such conditions and subject to such limitations as may be\nprescribed by general or special rule of the planning board, if one\nexists, or of the town board if a planning board does not exist. If a\nplanning board exists in such town, the town board, before establishing\nany such open development area or areas, shall refer the matter to such\nplanning board for its advice and shall allow such planning board a\nreasonable time to report.\n 5. For the purposes of this section the word "access" shall mean that\nthe plot on which such structure is proposed to be erected directly\nabuts on such street or highway and has sufficient frontage thereon to\nallow the ingress and egress of fire trucks, ambulances, police cars and\nother emergency vehicles, and, a frontage of fifteen feet shall\npresumptively be sufficient for that purpose.\n