New York Laws
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.