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."
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.
[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.
[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.