The Town Board of the Town of Somers hereby recognizes, identifies and creates the following types of scenic resources and designates them as worthy of protection:
A. 
Roadways.
B. 
Slopes.
C. 
Ridgelines.
D. 
Open fields and meadows.
E. 
Water's edge.
F. 
Cultural places.
G. 
Trees and stands of trees.
From time to time the Town Board of the Town of Somers shall, on its own motion, identify and designate certain areas within the Town of Somers as a scenic resource of one of the types listed in § 138-5. The procedure for designation shall be as follows:
A. 
Identification by Town Board. The Town Board shall identify a scenic resource 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 resource area, it shall hold a public hearing at which time the public, parties in interest and the owners of the scenic resource shall have the opportunity to be heard regarding the proposed scenic resource designation.
C. 
Notice required. Notice for a public hearing on the designation of a scenic resource, except designation of scenic roadways, shall be provided as follows:
(1) 
After the Town Board identifies a potential scenic resource it shall notify all owners of the land upon which the resource is located and the owners of land adjacent thereto of the intent to designate the area a scenic resource. Such notice shall be sent by certified mail no less than 25 days before the scheduled date of the hearing. The notice shall contain the time, date and place of the public hearing, and state the intent to designate the area as a scenic resource.
(2) 
Such notice shall also be filed with the Town Clerk and be available for public inspection no less than 15 days prior to the scheduled date of the public hearing.
(3) 
Notice of public hearing shall be published in the town's official newspaper no less than 10 days in advance of the scheduled date of the public hearing. The notice shall be published at the expense and at the direction of the town.
(4) 
Personal service of the notice on the owner of the property/area of the proposed scenic resource within the time delivery requirements of Subsection C(1) above shall be deemed to satisfy the requirement of notice to the owner.
D. 
Notice required for scenic roadways. Notice for a public hearing on the designation of a scenic roadway 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 roadway. Such notice to the adjacent property owners shall be sent by first class mail and shall be sent no less than 15 but not 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 and state the intent to designate the road as a scenic resource.
(2) 
Such notice shall also be filed with the Town Clerk and be available for public inspection no less than 15 days prior to the scheduled date of the public hearing.
(3) 
Notice of public hearing shall be published in the town's official newspaper no less than 10 days in advance of the scheduled date of the public hearing. The notice shall be published at the expense and at the direction of the town.
E. 
Town Board action. After conducting the public hearing on the intent to designate a scenic resource, the Town Board shall approve or disapprove the designation according to its regular voting procedures.
A. 
General characteristics. A scenic resource shall be found to possess one or more of the following general characteristics:
(1) 
Illustrative of a natural landscape feature, geologic feature or improvement representing the natural character and history of the town.
(2) 
Possessing a unique overall quality of scenic beauty, scale, texture and form.
B. 
Specific characteristics. A scenic resource shall be found to have one or more of the following specific characteristics:
(1) 
Roadways.
(a) 
The natural landscape on the edge of the roadway consists of dense forest edge with extensive, healthy or unusual variety of major rock outcroppings.
(b) 
The roadway provides a scenic vista or a panoramic view over one or more of the other types of scenic resources identified in § 138-5.
(c) 
The road has a narrow, winding quality linking it with the town's rural past.
(d) 
The road has a special character defined in the Town Development Plan.
(e) 
The road is bordered by a stone wall.
(2) 
Slopes.
(a) 
A rise in elevation providing a focal point of a vista or elements of a panoramic view.
(b) 
An elevation which because of steepness, geologic structure, water flow or vegetation is aesthetically pleasing.
(3) 
Ridgelines.
(a) 
The crest of hills that are the focal points of vistas or are elements of a panoramic view.
(b) 
Linear elements that define the horizon or define progressions of significant elevation.
(4) 
Open fields and meadows.
(a) 
A large open area where the predominant vegetation consists of herbaceous growth and shrubs that provide a unique and distinct landscape scenery significantly different from the predominant wooded landscape of the town.
(b) 
The open field or meadow provides a visual link to the agricultural history of the town.
(c) 
The open field provides an important visual focus for stands of trees, stone walls or fences.
(5) 
Water's edge.
(a) 
Reservoirs, ponds, lakes and permanently running streams and brooks that are focal points of vistas or are elements of a panoramic view.
(b) 
The reservoir, pond, lake or permanently running stream or brook provides a reflective or aesthetically scenic view.
(6) 
Cultural places.
(a) 
Settings and locations, including buildings, walls, fences, cemeteries, markers, monuments, statues, other structures and the surrounding areas which provide a visual link to the culture and history of the town.
(b) 
Any historically unique or significant area, including the Business Historic Preservation District identified in Chapter 170, Zoning.
(c) 
Any property designated or eligible for designation on an official list of historic places.
(7) 
Trees and stands of trees.
(a) 
Unique trees with regard to speciation.
(b) 
Any tree or stand of trees with historic significance.
(c) 
Landmark trees, defined as any tree which is representative of a particular species in form, size (height, diameter breast height, crown width) and age-potential and has reached the limits of one of these characteristics, or is unusual based on its location or history, and is identified as contributing significantly to the character or visual amenity of the town.