[HISTORY: Adopted by the Town Board of the
Town of Southeast 3-18-1993 by L.L. No. 4-1993.]
Pursuant to § 96-a of the General
Municipal Law of the State of New York and the Town Law of the State
of New York, the Town Board of the Town of Southeast hereby enacts
a Scenic Roads Protection Code.
This chapter shall be known and may be cited
as the "Scenic Roads Protection Code of the Town of Southeast, New
York."
A.
The Town Board of the Town of Southeast finds that
many rural roads within the Town exhibit outstanding visual qualities,
including vistas, landscapes, floral growth and other geological features
not found on or near other traveled ways; that these roads serve as
a link to our rural past and provide a unique recreational opportunity
for our residents; that commercial and residential development may
threaten to deprive future generations of the cultural and aesthetic
opportunities afforded by these resources; and that we, as stewards
of our heritage, should not permit the destruction of such scenic
beauty and should further their preservation.
B.
It is hereby declared as a matter of public policy
that the protection, enhancement, perpetuation and scenic use of scenic
roads is a public necessity and is required in the interest of health,
safety and general welfare of our people. The purpose of this chapter
is to:
(1)
Effect and accomplish the protection, enhancement
and perpetuation of such scenic roads and the landscape and geological
features and improvements which represent or reflect the elements
of the Town's background.
(2)
Stabilize and improve property values in such scenic
road areas.
(3)
Foster civic pride in the beauty of the Town.
(4)
Promote the use of scenic and aesthetic resources
for the education, pleasure and welfare of the people of the Town.
(5)
Preserve some of the remaining rural qualities of
the Town.
(6)
Promote traffic and pedestrian safety.
(7)
Implement the objectives and policies of the Town
Master Plan.
A.
It is declared to be the intent of the Town of Southeast
to protect and conserve the scenic roads identified herein, to ensure
that the benefits found to be provided by such scenic roads will not
be lost for present and future generations and to protect the broader
public interest.
B.
These regulations are enacted with the intent of providing
an equitable balance between the rights of the individual property
owners who adjoin scenic roads to the free use of his or her property
and the rights of present and future generations. This chapter recognizes
the rights of such adjoining property owners to use their property
for reasonable purposes, consistent with these and other regulations
and controls, provided that such use, in the judgment of the appropriate
agency or official of the Town, does not result in a significant loss
or impairment to the scenic resource of the function it fulfills.
From time to time the Town Board of the Town
of Southeast shall, on its own motion, identify and designate certain
roads within the Town as scenic roads. The procedure for designation
shall be as follows:
A.
Identification by Town Board. The Town Board shall
identify a scenic road within the Town. The Town Board, where appropriate,
shall seek the advice and counsel of other boards and officials in
the furtherance of the designation process.
B.
Public hearing required. After the Town Board identifies
a specific road for possible designation, it shall hold a public hearing,
at which time the public, parties in interest and owners of land abutting
or adjoining the subject road shall have the opportunity to be heard
regarding the proposed scenic road designation.
C.
Notice required. Notice for a public hearing on the
designation of a scenic road shall be provided as follows:
(1)
After the Town Board identifies a road as being worthy
of scenic roadway designation, it shall notify all owners of property
adjacent to the road section proposed for designation of the intent
to designate the road as a scenic road. Such notice to the adjacent
property owner shall be sent by first class mail and shall be sent
no less than 15 nor more than 40 days prior to the scheduled date
of the public hearing. The notice shall contain the time, date and
place of the public hearing, identify the specific road and state
the intent to designate the road as a scenic road.
(2)
Such notice shall also be filed with the Town Clerk,
posted on the official bulletin board of the Town and made available
for public inspection no less than 15 days prior to the scheduled
date of the public hearing.
(3)
Notice of the public hearing shall be published in
the Town's official newspaper no less than seven days in advance of
the scheduled date of the public hearing. The notice shall be published
at the expense and direction of the Town.
D.
Town Board action. After conducting the public hearing
on the intent to designate a scenic road, the Town Board shall approve
or disapprove the designation according to its regular voting procedures.
A scenic road shall be found to possess one
or more of the following characteristics:
A.
The natural landscape on the edge of the roadway consists
of dense forest edge with extensive, healthy or unusual variety of
major rock outcropping.
B.
The roadway provides a scenic vista or a panoramic
view over forests, meadows, hills, lakes, streams, reservoirs or other
similar resources.
C.
The road has a narrow, winding quality linking it
with the Town's rural past.
D.
The road is unpaved, dirt or gravel base and is characterized
by low traffic volume.
E.
The road is bordered by an ancient stone wall on at
least one side.
A.
Each property adjacent to a designated scenic road
shall maintain an area 30 feet in width extending from the right-of-way
line into the property in a state recognized by the Town Board in
its designation of the scenic roadway. Within such area there shall
be no significant disturbance such as building, grading or clearing,
with the exception of access corridors to and from the property when
approved by the Planning Board (in connection with subdivision or
site plan approval).
[Amended 11-16-2006 by L.L. No. 10-2006]
B.
The buffer shall closely resemble the natural appearance
of the undeveloped land.
C.
The provisions of this section shall not apply to presently developed property in such designated areas, provided that the character of what would be the thirty-foot vegetative buffer is maintained in its current state or is returned to a state similar to that required in Subsection A above.
D.
Where the requirement of the thirty-foot-wide scenic
roadway corridor presents an undue hardship or a practical difficulty
because of topography or other natural features of the property, the
owner of the property may apply for relief to the Zoning Board of
Appeals.
E.
To the extent practicable, the Town shall undertake
no improvements upon or make any modifications to a designated scenic
road which would change the essential character of such road. The
Highway Superintendent shall take any and all actions deemed necessary
and appropriate to maintain a designated scenic road in its natural
state, consistent with sound highway maintenance and safety standards
on rural roads, and shall limit speeds thereon to the extent allowed
by law.
[Amended 11-16-2006 by L.L. No. 10-2006]
Prior to the initiation of any activity within the designated buffer area on land adjoining a scenic road, the owner of such property shall apply for and obtain approval from the Town Board. No building permit shall be issued by the Building Inspector and no driveway permit shall be issued by the Highway Superintendent until the Town Board has reviewed and approved the nature and extent of the activity planned. Whenever the landowner is seeking subdivision approval for such property in accordance with Chapter 123, Subdivision of Land, of the Code of the Town of Southeast, the Planning Board shall refer all applications involving activities planned within the buffer area to the Town Board for its review and approval of activities within the buffer area only. To the maximum extent possible, all plan review, hearings and decisions required under this chapter shall be coincident with other procedures and applications that may be before the Planning Board or Town Board relating to the same activity.
If in any case the provisions of this chapter
conflict with any other provisions of the Code of the Town of Southeast,
the provisions which impose the more-stringent requirement or standard
shall apply.
All development and improvement allowed by right
or allowed by permit shall also conform with all rules and regulations
contained in the Code of the Town of Southeast and all other applicable
laws and specifications.
[Amended 11-16-2006 by L.L. No. 10-2006]
A.
Any person
making application under the review procedures of this chapter and
aggrieved by the decision of the Planning Board and/or the Town Board
may seek a rehearing by the involved agency within 20 days of the
filing of said decision. Upon receipt of the request for rehearing,
the Planning Board or Town Board shall set a time within 30 days thereafter
when a rehearing will be conducted. Public notice shall be given in
the Town’s official newspaper no less than seven days prior
to such date. The applicant shall be required to pay all fees associated
with the hearing as set forth in the Town’s fee schedule.
B.
Appeal.
Any decision or order of the Planning Board or Town Board pursuant
to this chapter may be reviewed at the instance of any person affected.
Such appeal shall be made to the Zoning Board of Appeals of the Town
of Southeast upon an application duly filed with the Town Clerk within
30 days of the filing of the adverse determination.
A.
Civil sanctions.
(1)
Any person found violating any provision of this chapter
or conditions duly imposed pursuant thereto shall be served by the
Building Inspector with a written notice stating the nature of the
violation and providing a specified time within which the violation
shall cease and satisfactory corrective action be taken by the violator.
(2)
Any person who is found to have violated, disobeyed
or disregarded any provision of this chapter shall be liable to the
people of the Town of Southeast for a civil penalty not to exceed
$5,000 for every violation, to be assessed by the Town Court after
hearing or opportunity to be heard before the Town Court.
(3)
The Town Court shall have the power, following a hearing,
to direct the violator to cease violation of this chapter and satisfactorily
restore the affected area to its condition prior to the violation
or otherwise complete the terms and conditions of any permit issued
pursuant to this chapter. The Town Court may order the use of all
or part of any performance bonds to complete, restore or otherwise
improve the affected area.
B.
Criminal sanctions.
(1)
Any person found violating any provision of this chapter
or conditions duly imposed pursuant thereto shall, for the first offense,
be guilty of a violation punishable by a fine of not less than $250
nor more than $500.
(2)
For a second and each subsequent offense, such person
shall be guilty of a misdemeanor punishable by a fine of not less
than $500 nor more than $1,000 or a term of imprisonment of not more
than 30 days, or both such fine and imprisonment.
(3)
Each offense shall be a separate and distinct offense;
and in the case of a continuing offense, each week's continuance thereof
shall be deemed a separate and distinct offense.
(4)
The Town Attorney shall prosecute any person alleged
to have violated the provisions of this chapter and shall seek equitable
relief to restrain any violation or threatened violation of its provisions.
A.
The provisions of this chapter shall not apply to
any development, alteration or improvement of property adjacent to
a designated scenic road for which final approval shall have been
obtained and not expired and the approved work not completed prior
to the designation by the Town Board of said scenic road.
B.
As used in this section, the term "final approval"
shall mean:
(1)
In the case of the subdivision of land, conditional
approval of a final plat as the term is defined in § 276
of the Town Law.
(2)
In the case of a site plan not involving the subdivision
of land, adoption by the Planning Board of a resolution granting approval.
(3)
In those cases not covered by Subsection B(1) or (2) above, the issuance of a building permit or other authorization for the commencement of the development, alteration or improvement of the property affected or for those developments or improvements for which the Town of Southeast does not require such permits, the actual commencement of the development, alteration or improvement of property.
[Added 7-20-2000 by L.L. No. 3-2000]
Notwithstanding the foregoing, nothing herein
contained shall be construed to limit or restrict the Town Highway
Superintendent's authority or ability to take any measure or measures
in connection with the repair, maintenance or improvement of any designated
scenic road, if said Superintendent of Highways determines, in his
or her sole discretion, that such repair, maintenance or improvement
of such scenic road is necessary to protect the health, safety or
welfare of the general public. Such repair, maintenance or improvements
may include, but are not necessarily limited to, installation of paving,
installation of curbing, acquisition and improvement of right-of-way,
reconfiguration of such roadway for the purpose of improving sight
distances or telemetry and installation of guardrails or drainage
facilities.
