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:
(1) 
An existing state, county or Town highway; or
(2) 
A street shown upon a plat approved by the Town Planning Board as provided in Articles III and IV of this chapter, as in effect at the time such plat was approved; or
(3) 
A street on a plat duly filed and recorded in the office of the Cayuga County Clerk prior to the appointment of the Town Planning Board and the grant to such Board of the power to approve plats.
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.