§ 36. Municipal improvements in streets, buildings not on mapped\nstreets. 1. A city having a population of less than one million. No\npublic municipal street utility or improvement shall be constructed by\nany city having a population of less than one million in any street or\nhighway until it has become a public street or highway and is duly\nplaced on the official map or plan. No permit for the erection of any\nbuilding shall be issued unless a street or highway giving access to\nsuch proposed structure has been duly placed on the official map or\nplan, which street or highway shall have been suitably improved to the\nsatisfaction of the planning board in accordance with standards and\nspecifications approved by the appropriate city departments as adequate\nin respect to the public health, safety and general welfare for the\nspecial circumstances of the particular street or highway or alternately\nthat a performance bond sufficient to cover the full cost of such\nimprovement as estimated by such board shall be furnished to the city by\nthe owner. Such performance bond shall be issued by a bonding or surety\ncompany approved by the corporation counsel of the city, or by the owner\nwith security acceptable to the legislative body, and shall also be\napproved by such corporation counsel as to form, sufficiency and manner\nof execution. The term, manner of modification and method of enforcement\nof such bond shall be determined by the planning board in substantial\nconformity with section thirty-three of this article. The applicant for\nsuch a permit may appeal from the decision of the administrative officer\nhaving charge of the issue of permits to the board of appeals or other\nsimilar board, in any city which has established a board having the\npower to make variances or exceptions in zoning regulations for: (a) an\nexception if the circumstances of the case do not require the structure\nto be related to existing or proposed streets or highways and/or (b) an\narea variance pursuant to section eighty-one-b of this chapter, and the\nsame provisions are hereby applied to such appeals and to such board as\nare provided in cases of appeals on zoning regulations. The board may in\npassing on such appeal make any reasonable exception and issue the\npermit subject to conditions that will protect any future street or\nhighway layout. Any such decision shall be subject to review under the\nprovisions of article seventy-eight of the civil practice law and rules.\n 2. A city having a population of one million or more. No public\nmunicipal street utility or improvement shall be constructed by any city\nhaving a population of one million or more in any street or highway\nuntil it has become a public street or highway and is duly placed on the\nofficial map or plan, with the exception that a city may construct\nimprovements and provide services to any public way (mapped or unmapped)\nif the public way has been open and in use to the public for a minimum\nof ten years. The existence of the public way must be attested to by\ndocuments satisfactory to the municipality, such as reports of city\nagencies providing municipal services. No certificate of occupancy shall\nbe issued in such city for any building unless a street or highway\ngiving access to such structure has been duly placed on the official map\nor plan, which street or highway, and any other mapped street or highway\nabutting such building or structure shall have been suitably improved to\nthe satisfaction of the department of transportation of the city in\naccordance with standards and specifications approved by such department\nas adequate in respect to the public health, safety and general welfare\nfor the special circumstances of the particular street or highway, or,\nalternately, unless the owner has furnished to the department of\ntransportation of such city a performance bond naming the city as\nobligee, approved by such department, to the full cost of such\nimprovement as
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