The owner of the property that is the proposed site of activity affecting scenic resources shall apply for and obtain site plan approval from the Planning Board. Wherever site plan review is required by this chapter, such review and approval shall be made in accordance with Chapter 144 and § 170-114 of the Code of the Town of Somers, together with the additional review requirements of this Article.
If in any case the provisions of this chapter conflict with any other
provisions of the Code of the Town of Somers, the provisions which impose
the more stringent requirement shall apply.
All development and improvement allowed by right or allowed by permit
shall also conform to all rules and regulations contained in the Code of the
Town of Somers and all other applicable laws and regulations.
A.
General. Whenever site plan review by the Planning Board is required by this Article, the Planning Board shall consider the consistency of the proposed development or improvement with the declaration of public policy set forth in § 138-3. In addition, the Planning Board shall consider the consistency of the development or improvement with the provisions of § 138-13 and with the policies, objectives and recommendations of the Town of Somers Town Development Plan (Master Plan).
B.
Coordination with other reviews. To the maximum extent
possible, the site plan review, hearings and decision required under this
Article shall be coincident with other procedures and applications that may
be before the Planning Board related to the same proposed activity.
A.
Scenic roadways.
[Amended 3-13-1997 by L.L.
No. 2-1997]
(1)
Each property adjacent to a scenic roadway 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, except as indicated below and subject to approval by
the authorized municipal approval agency, as required:
(a)
Access corridors to and from the property.
(b)
Expansion of an existing structure, if such structure
is located within 30 feet of the right-of-way line.
(c)
Customary and/or minor landscaping activity within 30
feet of the right-of-way line.
(d)
Placement of fencing within 30 feet of the right-of-way
line, provided that such fencing does not interfere with scenic viewsheds.
(e)
Repair or reconstruction of existing retaining walls
or within 30 feet of the right-of-way line.
(2)
The buffer shall closely resemble the natural appearance
of the undeveloped land.
(3)
The provisions of this subsection shall not apply to presently developed property in such designated areas; provided, however, 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(1) above.
(4)
Where the requirement of the thirty-foot-wide scenic
roadway corridor presents an undue hardship or is an impossibility because
of topography or other natural features of the property, the owner of the
property may apply for relief through an application for site plan review
to the Planning Board.
B.
Slopes and ridgelines.
(1)
Development, alteration or improvement of property containing
a scenic slope or scenic ridgeline shall require an application for site plan
review to the Planning Board.
(2)
Development, alteration or improvement of property containing
a scenic slope or scenic ridgeline shall preserve the scenic qualities and
natural appearance of the scenic slope, including but not limited to:
(a)
Minimizing the excavation and paving required for foundations
and access to the slope or ridgeline site.
(b)
Minimizing the disturbance of vegetation to only that
which is absolutely necessary for the development or improvement.
(c)
Minimizing the impact of development and improvement
such that the natural elevations and vegetative cover of a scenic ridgeline
shall be disturbed only if the crest of the ridge and the tree line at the
ridge as viewed from legally accessible land remains uninterrupted either
by positioning buildings and areas of disturbance below the ridgeline or by
positioning buildings and areas of disturbance so that the roofline of the
building is seen as a continuation of the natural tree line.
(3)
The provisions of this subsection shall not apply to
property developed prior to the designation of the scenic slope area or the
scenic ridgeline to the extent that the property has already been developed.
The provisions of this section shall, however, apply to all future alterations
of existing development and improvements.
C.
Open fields and meadows.
(1)
Development, alteration or improvement of property containing
a scenic open field or meadow shall require an application for site plan review
to the Planning Board.
(2)
Development, alteration or improvement of property containing
a scenic open field or meadow shall preserve the existing character of the
scenic resource, including but not limited to:
(a)
Minimizing the impact of development and improvement
such that structures and improvements are placed so as not to detract from
the existing scenic significance of the open field or meadow as viewed from
legally accessible land. Appropriate locations for development and improvement
may include behind existing windbreaks, in woodlots existing on the site or
on the fringes of the open field or meadow.
(b)
Minimizing the excavation and paving required for foundations
and access to the open field or meadow.
(c)
Minimizing the disturbance of vegetation to only that
which is absolutely necessary for the development or improvement.
(d)
Retaining fences, stone walls and other features of open
fields and meadows.
(e)
Retaining open field and meadow vegetation.
D.
Water's edge.
(1)
Development, alteration or improvement of property along
a scenic water's edge shall require an application for site plan review to
the Planning Board.
(2)
Development, alteration or improvement of property along
a scenic water's edge shall preserve the scenic qualities and natural appearance
of the scenic resource, including but not limited to:
(a)
Minimizing the impact of development and improvement
so as to not detract from the existing scenic significance of the water's
edge.
(b)
Minimizing the excavation and paving required for foundations
and access near the water's edge.
(c)
Minimizing the disturbance and destruction of the natural
shore features, including the retention of rocks, vegetation and other natural
water's edge features.
(3)
The provisions of this subsection shall not apply to
property developed prior to the designation of the scenic water's edge to
the extent that the property has already been developed. The provisions of
this subsection shall, however, apply to all future alterations of existing
development and improvements.
E.
Cultural places.
(1)
Development, alteration or improvement of property that
encompasses a scenic cultural place shall require an application for site
plan review to the Planning Board.
(2)
Development, alteration or improvement of property that
encompasses a scenic cultural place shall preserve the existing character
and qualities of the scenic resource, including but not limited to:
(a)
Minimizing development, alterations and improvements
that are inconsistent with the specific scenic, cultural or historical significance
of the site.
(b)
Minimizing the disturbance and destruction of those structures,
improvements and landscape features, including walls, fences, cemeteries,
monuments, markers and statues of scenic cultural significance.
(c)
Undertaking maintenance of the place to enhance its scenic
cultural value.
(3)
The provisions of this subsection shall apply to all
development, improvement and alteration of a scenic cultural place.
F.
Trees and stands of trees.
(1)
Development, alteration or improvement of property containing
scenic trees or stands of trees shall require an application for site plan
review to the Planning Board.
(2)
Development, alteration or improvement of property containing
scenic trees or stands of trees shall preserve the scenic qualities and natural
appearance of the trees, including but not limited to:
(a)
Minimizing the impact of development, alteration or improvement
such that structures and improvements are placed so as not to detract from
the existing scenic significance of the scenic trees or stands of trees as
viewed from legally accessible land.
(b)
Minimizing the excavation, paving and building within
close proximity to the scenic resource.
(c)
Minimizing the disturbance of vegetation to only that
which is absolutely necessary for the development, alteration or improvement.
(d)
Limiting any injury, destruction or removal of the scenic
trees or stands of trees, to only that which is absolutely necessary for the
development, alteration or improvement.
(3)
The provisions of this subsection shall apply to all
development, improvement and alteration of any site containing scenic trees
or stands of trees.
