§ 7-736 — Construction of municipal utility in streets; permits for erection of buildings; appeal; review by court

New York § 7-736

• Jurisdiction: New York
• Law VIL: Village
• Art. 7: Building Zones

Text

§ 7-736 Construction of municipal utility in streets; permits for\nerection of buildings; appeal; review by court. 1. No public municipal\nstreet utility or improvement shall be constructed by the village in any\nstreet or highway until it has become a public street or highway and is\nduly placed on the official map or plan; except that the board of\ntrustees may authorize the construction of a public municipal street\nutility or improvement in or under a street which has not been\ndedicated, but which has been used by the public as a street for five\nyears or more, prior to March second, nineteen hundred thirty-eight, and\nis shown as a street on a plat of a subdivision of land which had been\nfiled prior to March second, nineteen hundred thirty-eight, in the\noffice of the county clerk or register of the county in which such\nvillage is located.\n 2. No permit for the erection of any building shall be issued unless a\nstreet or highway giving access to such proposed structure has been duly\nplaced on the official map or plan, or if there be no official map or\nplan, unless such street or highway is (a) an existing state, county,\ntown or village highway, or (b) a street shown upon a plat approved by\nthe planning board as provided under the provisions of this article, as\nin effect at the time such plat was approved, or (c) a street on a plat\nduly filed and recorded in the office of the county clerk or register\nprior to the appointment of such planning board and the grant to such\nboard of the power to approve plats. Before such permit shall be issued\nsuch street or highway shall have been suitably improved to the\nsatisfaction of the planning board in accordance with standards and\nspecifications approved by the appropriate village officers as adequate\nin respect to the public health, safety and general welfare for the\nspecial circumstances of the particular street or highway, or\nalternatively, and in the discretion of such board, a performance bond\nsufficient to cover the full cost of such improvement as estimated by\nsuch board or other appropriate village departments designated by such\nboard shall be furnished to the village by the owner. Such performance\nbond shall be issued by a bonding or surety company approved by the\nboard of trustees or by the owner with security acceptable to the board\nof trustees, and shall also be approved by the village attorney as to\nform, sufficiency and manner of execution. The term, manner of\nmodification and method of enforcement of such bond shall be determined\nby the appropriate board in substantial conformity with section 7-730 of\nthis 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 village 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\n7-712-b of this chapter, and the same provisions are hereby applied to\nsuch appeals and to such board as are provided in cases of appeals on\nzoning regulations. The board may in passing on such appeal make any\nreasonable exception and issue the permit subject to conditions that\nwill protect any future street or highway layout. Any such decision\nshall be subject to review in the same manner and pursuant to the same\nprovisions as in appeals from the decisions of such board upon zoning\nregulations.\n