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;
(2)
A street shown upon a plat approved by the Planning
Board as provided in the Town Law 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 County Clerk or Register prior to the appointment of
such 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 Planning Board, if empowered by the Town Board in accordance
with standards and specifications approved by the Town Board, as adequate
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 the Town Law.
A.
No public municipal street utility or improvement
shall be constructed by the Town in any street or highway until it
has become a public street or highway and is duly placed on the Official
Map.
B.
Subject to the discretion of the Town Board, a subsurface
utility or improvement operated for revenue by the Town or by a special
district may be constructed by the Town in a private street, provided
that a public easement satisfactory to the Town Board is obtained
for such utility or improvement.
The Town Board may, by ordinance, provide for
additional remedies to prevent or abate violations and to establish
penalties for violations, as provided by law.
A violation of this chapter is hereby declared
to be an offense, punishable by a fine not exceeding $350 or imprisonment
for a period not to exceed six months, or both, for conviction of
a first offense; for conviction of a second offense both of which
were committed within a period of five years, punishable by a fine
not less than $350 nor more than $700 or imprisonment for a period
not to exceed six months, or both; and, upon conviction for a third
or subsequent offense all of which were committed within a period
of five years, punishable by a fine not less than $700 nor more than
$1,000 or imprisonment for a period not to exceed six months, or both.
However, for the purpose of conferring jurisdiction upon courts and
judicial officers generally, violations of this chapter shall be deemed
misdemeanors and for such purpose only all provisions of law relating
to misdemeanors shall apply to such violations. Each week's continued
violation shall constitute a separate additional violation.
