Upon enactment of these regulations, the Village of Morrisville Planning
Board shall be empowered to modify the minimum width and minimum setback requirements
in accordance with the provisions of § 7-738 of the Village Law
in order to enable and encourage flexibility of design and development of
land in such a manner as to promote the most appropriate use of land, to facilitate
the adequate and economic use of streets and utilities and to preserve the
natural and scenic qualities of open lands and shorelines.
The following shall be standards and procedures:
A.
The minimum acreage to which this section may be applicable
to shall be 10 acres, except that where public services, sewer and/or water
are available, the Planning Board may determine the minimum size.
B.
No subdivision shall be approved by the Planning Board
pursuant to this section which shall not reasonably safeguard the appropriate
use of adjoining land.
C.
In the event that the utilization of this section results
in a plat showing lands available for park, recreation or other municipal
purposes, such conditions on the ownership, use and maintenance of such lands
as it deems necessary to assure the preservation of such lands for their intended
purposes, and may further, in the case of lands to be retained in open space,
require that such lands be restricted by deed restriction, restrictive covenant,
conveyance of a scenic easement or other appropriate means against any development
or land use inconsistent with their retention on open space.
D.
The provisions of this section shall not be deemed to
authorize a change in the permissible use of such lands as provided in other
village regulations or ordinances.
B.
Alternate sketch plan. A subdivider shall present for
the Planning Board's consideration, along with a proposal utilizing the provisions
of this section, an alternate sketch plan with lots meeting the minimum lot
area, minimum lot width and requirements of any other village ordinance or
local law.
C.
Plat submission. Upon determination by the Planning Board
that the sketch plan utilizing the provisions of this section is suitable,
the procedures attendant to and subsequent to the sketch plan submission as
set forth in this article shall be followed in regular order.
D.
Local filing; notation on Zoning Map. Any subdivision
plat finally approved which involves modifications as provided for in this
section shall be filed, in addition to any other required filing, with the
Village Clerk, who shall make appropriate notation and reference thereto on
the Village Zoning Map.[1]
[1]
Editor's Note: The Zoning Map is included in a pocket at the end of
this volume.
