For the purpose of preserving the integrity
of the Official Town Map or plans, no permit shall hereafter be issued
for any building in the bed of any street or highway shown or laid
out on such map or plan; provided, however, that if the land within
such mapped street or highway is not yielding a fair return on its
value to the owner, the Board of Appeals shall have power in a specific
case by the vote of a majority of its members to grant a permit for
a building in such street or highway which will as little as practicable
increase the cost of opening such street or highway, or tend to cause
a change of such Official Map or Plan, and the Zoning Board of Appeals
may impose reasonable requirements as a condition of granting such
permit, which requirements shall inure to the benefit of the Town
of Owasco. Before taking any action authorized in this section, the
Board of Appeals shall conduct a public hearing at which parties in
interest and others shall have an opportunity to be heard. Notice
of the time and place of such public hearing shall be published in
the Town's official newspaper at least 10 days prior to the date of
the hearing. 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.
A.
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:
B.
Before such permit shall be issued, such street or highway shall have been suitably improved to the satisfaction of the Town Board or the Town 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 Article IV of this chapter.
C.
Appeals.
(1)
The applicant for such a permit may appeal from the
decision of the Code Enforcement Officer to the Zoning Board or Appeals
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 § 267-b
of the Town Law of the State of New York, and the same provisions
are hereby applied to such appeals and to such board as are provided
in cases of appeals on zoning regulations.
(2)
The Zoning Board of Appeals 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.
D.
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
Town Planning Board. The Town Board, before establishing any such
open development area or areas, shall refer the matter to the Town
Planning Board for its advice and shall allow the Town Planning Board
a reasonable time to report.
E.
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 15 feet
shall presumptively be sufficient for that purpose.
