Bill Text: NY A08463 | 2019-2020 | General Assembly | Introduced
Bill Title: Requires the mapping of all private roads and ways in a city having a population of one million or more.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-01-08 - referred to cities [A08463 Detail]
Download: New_York-2019-A08463-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 8463 2019-2020 Regular Sessions IN ASSEMBLY July 8, 2019 ___________ Introduced by M. of A. CUSICK -- read once and referred to the Committee on Cities AN ACT to amend the general city law, in relation to requiring the mapping of all private roads and ways The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 36 of the general city law, as amended by chapter 2 699 of the laws of 1963, subdivision 1 as amended by chapter 458 of the 3 laws of 1997, subdivision 2 as amended by chapter 815 of the laws of 4 1984, and subdivision 3 as amended by chapter 177 of the laws of 2016, 5 is amended to read as follows: 6 § 36. Municipal improvements in streets, buildings not on mapped 7 streets. 1. A city having a population of less than one million. No 8 public municipal street utility or improvement shall be constructed by 9 any city having a population of less than one million in any street or 10 highway until it has become a public street or highway and is duly 11 placed on the official map or plan. No permit for the erection of any 12 building shall be issued unless a street or highway giving access to the 13 primary front entrance of such existing or proposed structure has been 14 duly placed on the official map or plan, which existing or proposed 15 street or highway shall have been suitably improved to the satisfaction 16 of the planning board in accordance with standards and specifications 17 approved by the appropriate city departments as adequate in respect to 18 the public health, safety and general welfare for the special circum- 19 stances of the particular street or highway or alternately that a 20 performance bond sufficient to cover the full cost of such improvement 21 as estimated by such board shall be furnished to the city by the owner. 22 Such performance bond shall be issued by a bonding or surety company 23 approved by the corporation counsel of the city, or by the owner with 24 security acceptable to the legislative body, and shall also be approved 25 by such corporation counsel as to form, sufficiency and manner of EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD13441-01-9A. 8463 2 1 execution. The term, manner of modification and method of enforcement of 2 such bond shall be determined by the planning board in substantial 3 conformity with section thirty-three of this article. The applicant for 4 such a permit may appeal from the decision of the administrative officer 5 having charge of the issue of permits to the board of appeals or other 6 similar board, in any city which has established a board having the 7 power to make variances or exceptions in zoning regulations for: (a) an 8 exception if the circumstances of the case do not require the structure 9 to be related to existing or proposed streets or highways and/or (b) an 10 area variance pursuant to section eighty-one-b of this chapter, and the 11 same provisions are hereby applied to such appeals and to such board as 12 are provided in cases of appeals on zoning regulations. The board may in 13 passing on such appeal make any reasonable exception and issue the 14 permit subject to conditions that will protect any future street or 15 highway layout. Any such decision shall be subject to review under the 16 provisions of article seventy-eight of the civil practice law and rules. 17 2. A city having a population of one million or more. No public munic- 18 ipal street utility or improvement shall be constructed by any city 19 having a population of one million or more in any existing or proposed 20 street or highway until [it] the existing or proposed street has become 21 a public street or highway [and is duly placed on the official map or22plan] in which the street lines have been officially placed, laid out or 23 established on the adopted official map or plan by the official action 24 of the appropriately empowered body, with the exception that a city may 25 construct improvements and provide services to any public way (mapped or 26 unmapped) if the public way has been open and in use to the public for a 27 minimum of ten years. The existence of the public way must be attested 28 to by documents satisfactory to the municipality, such as reports of 29 city agencies providing municipal services. No certificate of occupancy 30 shall be issued in such city for any existing or proposed building 31 unless [a] the existing or proposed street or highway and frontage 32 giving access to [such structure has been duly placed on the official33map or plan,] the primary front entrance of such existing or proposed 34 structure has become a public street or highway in which the street 35 lines have been officially placed, laid out or established on the 36 adopted official map or plan by the official action of the appropriately 37 empowered body, and which existing or proposed street or highway, and 38 additionally any other mapped street or highway, not providing access to 39 the primary front entrance, yet abutting such building or structure, 40 shall [have been] be suitably improved to the satisfaction of the 41 department of transportation of the city in accordance with standards 42 and specifications approved by such department as adequate in respect to 43 the public health, safety and general welfare for the special circum- 44 stances of the particular street or highway, or, alternately, unless the 45 owner has furnished to the department of transportation of such city a 46 performance bond naming the city as obligee, approved by such depart- 47 ment, to the full cost of such improvement as estimated by such depart- 48 ment, or other security approved by such department, that such improve- 49 ment will be completed within the time specified by such department. If 50 such improvement has not been installed within the time specified by 51 such department, such department may declare such performance bond or 52 other security to be in default and shall collect, in the name of the 53 city, the sum remaining payable thereunder. Upon receipt of the proceeds 54 thereof, the city shall install such improvement. If the cost of such 55 improvement exceeds the sum remaining payable under such bond or other 56 security, the owner shall be liable for and shall pay to the city, theA. 8463 3 1 amount of such excess. Where the enforcement of the provisions of this 2 section would entail practical difficulty or unnecessary hardship, and 3 where the circumstances of the case do not require the structure to be 4 related to frontage or existing or proposed streets or highways abutting 5 the existing or proposed buildings, the applicant for such a certificate 6 of occupancy may appeal from the decision of the administrative officer 7 having charge of the issuance of certificates of occupancy to the board 8 of standards and appeals or other similar board of such city having 9 power to make variances or exceptions in zoning regulations, and the 10 same provisions are hereby applied to such appeals and to such board as 11 are provided in cases of appeals on zoning regulations. The board may in 12 passing [on] such appeal make any reasonable exception and issue the 13 certificate of occupancy subject to conditions enumerated on the certif- 14 icate of occupancy that will protect any future street or highway 15 layout, address public access, delivery of services and maintenance or 16 other conditions in respect to the public health, safety and general 17 welfare for the special circumstances of the particular unmapped street. 18 Any such decision shall be subject to review under the provisions of 19 article seventy-eight of the civil practice law and rules. No permit 20 shall be granted for the erection of any building or structure in such 21 city unless the owner has furnished to the commissioner of transporta- 22 tion of such city a policy of liability insurance, marked paid, in such 23 amounts as may be fixed by such department, insuring, indemnifying and 24 saving the city harmless from any claims, suits, demands, causes of 25 action and judgments by reason of personal injuries sustained by any 26 person or persons, including death, and from any claims, suits, demands, 27 causes of action and judgments for damages to property, occurring on any 28 such street or highway giving access to or abutting such structure, up 29 to the date of the issuance of the certificate of occupancy or up to the 30 date of the completion of the improvement of such street or highway as 31 required by or pursuant to this section, whichever is later. In the 32 event that the owner is covered by such a policy of liability insurance, 33 the department of transportation may accept a certificate of endorsement 34 extending such policy to include and cover the city. Every permit issued 35 for the erection of any such building or structure shall contain a 36 statement that no certificate of occupancy will be issued with respect 37 to such building or structure unless [a] the existing or proposed street 38 or highway and frontage giving access to the primary front entrance of 39 such structure has been duly placed on the official map or plan, which 40 street or highway and additionally, any other mapped street or highway 41 and frontage, not providing access to the primary front entrance, yet 42 abutting such building or structure shall [have been] be suitably 43 improved to the satisfaction of the department of transportation of the 44 city in accordance with standards and specifications approved by such 45 department as adequate in respect to the public health, safety and 46 general welfare for the special circumstances of the particular street 47 or highway or, alternately, unless the owner has furnished to the 48 department of transportation a performance bond naming the city as obli- 49 gee, approved by such department, sufficient to cover the full cost of 50 such improvement as estimated by such department, or other security 51 approved by such department, that such improvement will be completed 52 within the time specified by such department. 53 3. Notwithstanding any provision of law, rule or regulation to the 54 contrary, a certificate of occupancy for a one or two family residential 55 dwelling which is otherwise in compliance with all applicable laws shall 56 be issued by the department of buildings of the city of New York for anyA. 8463 4 1 building [abutting an] whose primary front entrance is directly accessed 2 from an open and traveled unmapped [street] public way without a review 3 by the board of standards and appeals in the following circumstances: 4 (a) if the corporation counsel of the city of New York has issued an 5 opinion determining that the public way has been open and in use to the 6 public for a minimum of ten years and has been attested to by documents 7 satisfactory to the municipality, that the unmapped [street] public way 8 abutting such building or structure shall have been suitably improved to 9 the satisfaction of the department of transportation of the city of New 10 York in accordance with standards and specifications approved by such 11 department as adequate in respect to the public health, safety and 12 general welfare for the special circumstances of the particular unmapped 13 [street] public way, and that such building or structure is equipped 14 with an automatic fire sprinkler, or (b) if the department of buildings 15 of the city of New York determines that such one or two family residen- 16 tial dwelling is located within the same block and [fronting on] whose 17 primary front entrance is directly accessed along the same frontage from 18 the same open and traveled unmapped [street] public way in question as 19 another building or structure that successfully appealed to the board of 20 standards and appeals and has been issued a certificate of occupancy and 21 provided the unmapped [street] public way fronting such one or two fami- 22 ly residential dwelling has been suitably improved to the standards and 23 specifications of such department of transportation, and further 24 provided that such one or two family residential dwelling is equipped 25 with an automatic fire sprinkler system. Nothing contained in this 26 subdivision shall limit the jurisdiction of the board of standards and 27 appeals to determine the application of the zoning resolution. 28 § 2. This act shall take effect immediately.
