[Added 10-7-1996 by L.L. No. 11-1996]
The objectives of the Scenic Road Local Law
are for the common good and to:
A.
Preserve and protect the present quality and character
of certain specific roads of the City of Beacon (the "City");
B.
Recognize the contribution the City's road system
has made and will make to the scenic character, uniqueness and quality
of life in the City;
C.
Recognize that the City's road system is an integral
part of the diverse environments of the City and what affects the
roads also affects the ecology contiguous to the road;
D.
Recognize that there are specific unique features
which contribute to the beauty and enjoyment of the City's road system;
E.
Recognize the important role of the City of Beacon
Highway Department (the "Street Superintendent") in preserving this
critical City asset and to further strengthen that role by providing
an avenue of access and communication for the City of Beacon Street
Superintendent (the "City Highway Department"), with the City of Beacon
City Council (the "City Council"), the City of Beacon Planning Board
(the "Planning Board") and the City of Beacon Conservation Advisory
Commission ("CAC"). The value of this access lies in the following:
Unlike the technical, safety and operational aspects of City road
management, matters pertaining to environmental and aesthetic aspects
(and the long-term effect on these) are oftentimes judgmental;
F.
Recognize that City roads should continue to provide
safe, confident use to residents and transients and at the same time
continue to offer the wealth of aesthetic features already in place
and there to be enjoyed;
G.
Recognize there are many fragile components that are
connected with the City roads and are presently taken for granted.
This article recognizes that fragility. Once eliminated or adversely
altered, these resources may be irreplaceable; and
H.
This article recognizes that it is the intent of the
City of Beacon that all activities on or along City roads conform
to relevant law.
[Amended 6-15-2020 by L.L. No. 7-2020]
Pursuant to the authority granted by Municipal Home Rule Law, Article 2, § 10 of the Consolidated Laws of New York and consistent with the goals of the 2017 Comprehensive Plan update, as amended, the City of Beacon hereby provides for the balancing of traditional matters of common convenience and public safety with designation of City roads as scenic roads. Further, in order to maintain the irreplaceable character and aesthetic and historic features and the scenic nature of roads so designated, the City of Beacon is authorized to regulate, in accordance with this article, the future alterations for improvements of roads so designated, including but not limited to widening of the right-of-way or of the traveled portions of the road, paving, changes of grade, straightening, removal of stone walls and removal of mature trees.
The City Council of the City of Beacon shall
have the authority to designate a City road as a scenic road. Nothing
herein shall be construed as limiting the final action or authority
now possessed by the Street Superintendent.
Prior to designating a road as a scenic road,
the City Council must find that at least one of the following criteria
is met:
A.
The City Council, after following the designation
procedure set forth herein, may consider a road for scenic road designation.
Not fewer than three property owners may petition the City Council
for a designation of a road as a scenic road if they each own property
which abuts that scenic road. The petition shall state by name which
road is requested to be designated as a scenic road and describe the
characteristics of the road which qualify it for scenic road status,
as well as any other characteristics which enhance the scenic character
of the road.
B.
An original and one copy of the petition shall be
filed with the City of Beacon City Clerk (the "City Clerk"), who shall
retain the copy and forward the original to the City Council.
C.
The City Council may, notwithstanding the above procedure,
initiate the review process for the purpose of designating a road
in the City of Beacon as a scenic road.
D.
In order to designate a road as a scenic road, the
City Council shall first refer any proposal or petition to the Planning
Board, the Street Superintendent and the CAC for review and comment
within 90 calendar days. The City Council shall then hold a public
hearing regarding the designation of such road as a scenic road. Notice
of the public hearing shall be given by publication in a newspaper
of general circulation in the City of Beacon at least five calendar
days prior to the date of such hearing and by sending notice by mail
to the owners of lots fronting the road to be designated as a scenic
road. The City Council shall act upon the proposed designation within
45 calendar days after such hearing.
A.
The designation of a road as a scenic road may be rescinded by the City Council, using the above procedures as outlined in § 223-74D herein.
B.
Any person aggrieved by a designation or refusal to
designate a road as a scenic road pursuant to this article or by any
alteration or improvement of such road may seek appropriate legal
remedy.
[Amended 11-3-1997 by L.L. No. 12-1997]
A.
Pursuant to § 30 of the General City Law[1] of the State of New York, the City Council shall grant
to the Planning Board of the City of Beacon the power to approve or
disapprove of the alteration or improvement of any City road designated
as a scenic road pursuant to this article.
[1]
Editor's Note: Former § 30 of the
General City Law was repealed by L. 1993, c. 211, effective 7-1-1994.
B.
Alterations and improvements of designated scenic
roads shall be carried out so as to preserve to the highest degree
possible the aesthetic, historic and/or scenic characteristics of
the road.
C.
Routine road maintenance, emergency repairs and the
issuance of driveway permits undertaken by the Street Superintendent
shall not require public hearing or Planning Board approval. Such
maintenance shall include trimming of the tree branches that encroach
on the traveled portion of the road below the height needed to allow
school buses and emergency vehicles to pass; trimming or removal of
brush and removal of boulders or other obstacles that encroach on
the traveled portion of the road; necessary trimming for utility lines;
trimming of brush to enhance and protect scenic views; stone walls,
mature trees and other characteristics of the scenic road; correction
of drainage problems; and retreatment and repair of existing roadway
surfaces. Such maintenance shall not include widening of the right-of-way
or the traveled portion of the road; paving of dirt or gravel roads,
or portions of roads; changes of grade; straightening; removal of
stone walls or removal of mature trees.
D.
In the case of a natural disaster in which, in the
judgment of the Street Superintendent, a road or a portion thereof
becomes impassible or unsafe for public travel and access must be
provided, emergency repairs and reconstruction by the Street Superintendent
may be made as needed to restore the road to its preemergency condition
without public hearing or Planning Board approval.
E.
Any proposal by a public entity or official for alteration or improvement not involving routine road maintenance, emergency repairs or the issuance of a driveway permit shall be submitted to the Planning Board. The Planning Board shall submit such proposal to the CAC and Street Superintendent for review and comments and shall hold a public hearing in the manner set out in § 223-74D herein.
(1)
Applications for alteration or improvement to private
lands within 25 feet of the edge of pavement not involving routine
road maintenance, emergency repairs or the issuance of driveway permits
shall be submitted to the Planning Board with a suitable map showing
the location of each proposed improvement or alteration, and when
deemed necessary by the Planning Board, a short report discussing
the reasons for the proposed alteration and available alternatives,
if any.
(2)
In reviewing applications for alteration or improvement
not involving routine road maintenance, emergency repairs or the issuance
of driveway permits, the Planning Board shall consider the following:
(a)
Any alternatives to the proposed alteration
or improvement and evidence that the applicant has chosen the alternative
least damaging to the scenic road.
(b)
That the applicant has considered the following,
where appropriate:
[1]
The impact of the alteration or improvement
on stone walls within the right-of-way of the scenic road.
[2]
The impact of the alteration or improvement
upon the speed of vehicular traffic along the scenic road.
[3]
The preservation of nonhazardous curves in the
scenic road.
[4]
The preservation of the nonhazardous hills and
valleys by avoidance of unnecessary cuts and fills.
[5]
The placement of wide bypasses and turnouts
to avoid unnecessary widening of the scenic road.
[6]
The preservation of views of near and distant
landscapes through appropriate landscaping techniques within the right-of-way
only.
[7]
Minimize impact on roadside vegetation, including
but not limited to trees, shrubs and wild flowers.
[8]
Avoidance of signage, sand, gravel, refuse and
salt piles to the extent practicable.
F.
The official scenic road will be recorded on the New
York State's inventory of the City of Beacon highways.
[Added 11-3-1997 by L.L. No. 12-1997]
This chapter shall not apply to alterations
to existing habitable structures or accessory to a habitable structure
within 25 feet of the edge of pavement, nor shall it apply to the
placement of or alterations to a driveway.
[Amended 11-3-1997 by L.L. No. 12-1997]
As used herein, the term "City road" shall mean
all roads within the City of Beacon which are maintained by the City
and shall include the strip of three rods wide measured 1 1/2
rods to each side of the center line of the road.
[Added 11-3-1997 by Res. No. 125-1997]
The following streets or parts thereof are designated
as scenic roads:
|
Name of Street
|
Location
|
|---|---|
|
Grandview Avenue
|
Entire length
|
|
Howland Avenue
[Added 3-15-1999 by Res. No. 32-1999] |
From the intersection with Sargent Avenue south
to the City's boundary line with the Town of Fishkill
|
|
Slocum Drive
|
Entire length
|
|
South Avenue
|
From the intersection of Wolcott Avenue to its
southerly terminus
|
|
Wolcott Avenue
[Added 3-15-1999 by Res. No. 32-1999] |
From the intersection with Sargent Avenue south
to the City's boundary line with the Town of Fishkill
|
