The purpose and intent of the Scenic Vista Protection EPOD is to minimize the impacts of development activities on identified scenic corridor view sites (SCSs) identified in this chapter (as may from time to time be amended), which includes by reference those SCSs identified on the Town of Mendon EPOD Map. The aim is to ensure that any potential visual effect from a development within an identified SCS is minimized or eliminated so as to preserve the character and setting of each SCS, including the rural character of the community.
The boundaries of the Scenic Vista Protection EPOD shall be delineated on the Official Town of Mendon EPOD Maps and shall include the SCSs and those lands which, if developed, may potentially have a visual effect on the character and setting of the identified SCSs. SCSs shall include buildings, structures, fields or other resources, both natural and man-made, comprising each SCS.
A. 
No person may conduct any of the following activities within the Scenic Vista Protection EPOD without following the requirements of this article and without obtaining a permit issued pursuant to the requirements of this article:
(1) 
Construction of new structures or modification of existing structures, including accessory structures, but this prohibition shall not include those activities found under § 138-6B.
(2) 
Placement of permanent signs.
(3) 
Clearing of land (not cleared, etc., as part of ongoing agricultural activities or agricultural operations).
(4) 
Construction or erection of any other structure not encompassed by Subsection A(1), including but not limited to personal satellite receivers and transmitters, wind turbines and other structures.
(5) 
Filling, cutting and/or excavating operations.
B. 
The following shall be exempt from compliance with these regulations:
(1) 
Active farm and agricultural-related structures.
(2) 
Single-family dwellings on an existing lot of record.
(3) 
Buildings and structures existing on the date this EPOD becomes effective, provided any addition to or expansion of such existing structures and/or buildings shall be subject to compliance with these regulations.
A. 
When a person proposes to undertake any of the activities identified in § 138-23 above, then he/she shall be required to, at a minimum, submit an application for same to the CEO, which application shall include details as to the proposed structure (height, width, etc.) as well as a completed visual EAF addendum form [found in the New York Codes, Rules and Regulations (NYCRR) and regulations at Section 617.20, Appendix B (a copy of the Visual EAF Addendum)]. At that time, the CEO shall review the application for completeness. If the application is deemed complete, then it shall be submitted to the Planning Board for a written determination on the acceptability of the proposed development.
B. 
The Planning Board's written determination shall identify the conditions for any EPOD permit and may include as conditions visual simulation studies and conditions on height, color or architectural features.
C. 
No permit shall be issued unless the applicant can demonstrate, in the Planning Board's reasonable discretion, that the activity will not adversely affect the visual character of the identified SCS.
A. 
Scenic view site buffer. A scenic view site buffer of at least 40 feet shall be provided directly abutting any road right-of-way located adjacent to the scenic corridor vista site. The purpose of the buffer is to act as an additional visual screen (working in concert with the setback requirement below) to preserve the SCS. Where existing trees and significant vegetation are already located within the roadway buffer, they shall be retained as determined appropriate and directed by the CEO and Planning Board in accordance with these regulations. Where such existing trees and significant vegetation are sparse, they may require revegetation as directed by the Planning Board. Vegetation within a buffer that is required to remain in accordance with this EPOD may be pruned and/or removed only as necessary to ensure proper sight visibility to or from the roadway, to remove safety hazards, or to remove dying or diseased vegetation, or for other good cause shown as approved by the CEO and the Planning Board.
B. 
Exceptions to the scenic view site buffer. When the application of the scenic view site buffer would have the practical effect of screening from view important aspects of a scenic view site, the CEO and the Planning Board may permit a modification of these provisions so that views of such sites are retained. The intent of this provision is to preserve the lines of site to view distant scenery to and from the scenic view sites.
C. 
Landscaping plan. A landscaping plan showing all existing and proposed features, including trees and other relevant features of the landscape within the scenic view site, shall be required to be approved by the Planning Board and the CEO. Landscaping shall be installed by the development applicant in accordance with the approved landscape plan. Native plant materials are particularly encouraged, although the use of ornamental plant materials may be approved by the Planning Board and the CEO if planted in a manner that enhances the existing native vegetation.
A. 
Screening. To the extent the required buffer in § 138-25 above does not, in the judgment of the CEO and Planning Board, provide screening of buildings, structures, parking lots and service and loading zones included in a development, except for good cause shown as determined by the CEO and Planning Board, there shall be provided as part of the site plan review process additional landscaping, walls, fences, hedges, shrubbery and/or earthen berms to provide screening that is appropriate to protect the SCS in the judgment of the CEO and the Planning Board, based on, among other things, the standards set forth in § 138-24.
B. 
Roads, driveways and paths. A road pattern or characteristics of any road pattern that are proposed as part of a development that is directly adjacent to an SCS buffer and/or an SCS setback shall be designed and constructed so as to be compatible with the SCS in the judgment of the CEO and the Planning Board.