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This entry was published on 2014-09-22
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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

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.