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:
All property identified and to be considered for designation as a scenic
resource by the Town Board shall be able to be viewed from existing roads,
parks or legally accessible public property.
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.
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:
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.
(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.
(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.
