Pursuant to the General Municipal Law § 96-a of the State
of New York and the Town Law of the State of New York, the Town Board of the
Town of Somers hereby enacts a Scenic Resource Protection Ordinance.
This chapter shall be known and may be cited as the "Scenic Resource
Protection Ordinance of the Town of Somers, New York."
A.
The Town Board of the Town of Somers finds that many
landscape and geologic features and improvements, as herein defined, having
a special scenic character, including a special historic or aesthetic interest
or value, have been altered or changed, notwithstanding the feasibility of
preserving and continuing the use of such landscape and geologic features
and improvements and without adequate consideration of the irreplaceable loss
to the people of the town of the scenic, aesthetic, cultural and historic
values represented by such landscape and geologic features and improvements.
In addition, distinct areas of landscape, geologic and improved features may
be similarly altered or changed or have their distinctiveness destroyed, although
the preservation thereof may be both feasible and desirable. It is the sense
of the Board that the town should not disregard the scenic landscape, geologic
and aesthetic features of the town and should not permit their destruction
and in the alternative should further their preservation and creation.
B.
It is hereby declared as a matter of public policy that
the protection, enhancement, perpetuation and scenic use of landscape and
geologic features and improvements of special character or aesthetic interest
or value is a public necessity and is required in the interest of health,
safety and general welfare of the people. The purpose of this chapter is to:
(1)
Effect and accomplish the protection, enhancement and
perpetuation of such scenic resources, landscape and geologic features and
improvements which represent or reflect the elements of the town's background.
(2)
Safeguard the town's scenic resources, aesthetic and
cultural heritage, as embodied in the landscape and geologic features and
improvements of the town.
(3)
Stabilize and improve property values in such scenic
resource areas.
(4)
Foster civic pride in the beauty of the town.
(5)
Protect and enhance the town's attractions of open space
and scenic beauty to people and the support and stimulus to business thereby
provided.
(6)
Promote the use of scenic and aesthetic resources for
the education, pleasure and welfare of the people of the town.
(7)
Preserve the semirural character of the town.
(8)
Promote traffic and pedestrian safety.
(9)
Implement the objectives and policies of the Town Development
Plan.
C.
It is declared to be the intent of the Town of Somers to protect and conserve the scenic resources of the town, to ensure that the benefits found to be provided by the scenic resource, as set forth in this § 138-3, will not be lost for present and future generations and to protect the broader public interest.
D.
These regulations are enacted with the intent of providing
an equitable balance between the rights of the individual property owner to
the free use of his property and the rights of present and future generations.
Therefore, this chapter recognizes the rights of the owners of property designated
as a scenic resource to use their property for reasonable purposes consistent
with these and other regulations and controls, provided that such use does
not result in a significant loss or impairment to the scenic resource or the
functions which they fulfill.
