[Added 1-21-1999 by L.L. No. 1-1999]
The residents of the Town of Stanford (the Town)
consider the rural tranquillity, scenic beauty and historic character
of the Town to be assets of the greatest importance in determining
the character of the Town. This law strives to preserve the visual
quality of some of the Town's roads while ensuring the safety of the
users of these roads. The roads deemed important to remain in rural
condition may be designated scenic roads by the Town of Stanford Town
Board for the purpose of controlling any future changes to them.
The objectives of the Scenic Roads Local Law
are for the common good and to:
A.
Preserve, improve and protect the present quality
and character of designated scenic roads of the Town;
B.
Recognize the contribution the Town's road system
has made and will make to the rural character, scenic beauty, historic
and cultural heritage, uniqueness and quality of life in the Town;
C.
Recognize that the Town's road system is an integral
part of the diverse environment of the Town and that the roads and
alterations and improvements to them affect the ecology contiguous
to the roads;
D.
Recognize that there are specific unique features
which contribute to the beauty and enjoyment of the Town's roads;
E.
Determine the most appropriate balance between the
responsibilities of the Town Highway Department to maintain Town roads
to the required standards and the desires of residents to maintain
the aesthetic quality of designated scenic roads; in determining this
balance, the long-term objective of preserving and protecting the
irreplaceable scenic road assets shall outweigh short-term maintenance
procedures.
F.
Recognize that Town roads should continue to provide
safe, confident use to residents and transients and at the same time
offer, as well as enhance where possible, the wealth of aesthetic
features already in place and there to be enjoyed;
G.
Recognize the many fragile components that are connected
with Town roads which are presently taken for granted; this article
recognizes that fragility and that once eliminated or adversely altered,
these resources may be irreplaceable; and
H.
Recognize that it is the intent of the Town of Stanford
that all activities on or along Town roads conform to relevant law.
A.
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 Stanford Master Plan and
the recommendations of the Town of Stanford Open Space Inventory and
Conservation Plan, adopted by the Town Board on January 9, 1992, the
Town of Stanford hereby provides for the balancing of traditional
matters of common convenience and public safety with designation of
Town roads as scenic roads. Further, in order to maintain the irreplaceable
rural character and historic features and the scenic nature of roads
so designated and maintain and enhance their aesthetic features, the
Town of Stanford is authorized to regulate, in accordance with this
article, the future alterations or improvements of roads so designated,
including, but not limited to, widening of the traveled portions of
the road, paving, changes of grade, straightening, removal of stone
walls and removal of mature trees.
B.
The Town Board of the Town of Stanford shall have
the authority to designate any road within the Town as a scenic road.
C.
Pursuant to § 271 of the Town Law of the
State of New York, the Town Board shall grant to the Planning Board
of the Town of Stanford the power to approve or disapprove of the
alteration or improvement of any Town road designated as a scenic
road pursuant to this article.
A.
The Town Board shall appoint a Scenic Road Advisory
Committee to assist it in designating and rescinding designations,
to assist the Planning Board and to assist residents in obtaining
information and preparing applications. The Chair shall be chosen
by the Committee and shall report to the Town Board. The Highway Superintendent
shall provide information and assistance to the Committee as required,
and shall make all relevant information regarding maintenance and
paving costs, accident information and other highway records available
to the Committee for its review.
B.
The Committee shall consist of not less than three
and not more than seven Town residents who have interest or expertise
in scenic roads. Members of the Committee shall serve on a volunteer
basis and shall receive no compensation. The Committee may receive
necessary funds from the Town as appropriated by the Town Board for
the expenses of the Committee. Appointments are for three-year staggered
terms, which may be renewed.
[Amended 5-10-2012 by L.L. No. 3-2012]
C.
The Scenic Road Advisory Committee duties shall be
to:
(1)
Respond to residents' inquires regarding the Scenic
Roads Law and the procedures in designating, rescinding designations
for, altering or maintaining scenic roads;
(2)
Inspect roads that have been proposed for designation
for eligibility for scenic road designation;
(3)
Assist the Town Board in the designation and rescission
process;
(4)
Review road maintenance and paving proposals for scenic
roads;
(5)
Work with the Superintendent of Highways, other highway
departments or utility companies on appropriate road maintenance practices
and procedures along scenic roads;
(6)
Periodically inspect designated scenic roads to ensure
the roads and scenic features are being properly maintained and that
maintenance standards are being followed; and
(7)
Perform such other tasks as the Town Board may assign.
Prior to designating a road as a scenic road,
the Town Board must find that at least two of the following criteria
are met:
A.
The road is bordered by mature trees or stone walls;
B.
The traveled portion of the road is no more than 20
feet in width;
C.
The road offers views of near or distant landscapes;
D.
The road is compatible with the natural environment
and is integrated well with the surrounding terrain;
E.
The road is not paved; or
F.
The road has significant scenic, recreational, cultural,
natural or historic features that once altered are irreplaceable.
Examples of these features might include:
(1)
Memorable or unusual landscape elements bordering
the road;
(2)
A section of road that is particularly appealing to
bikers, hikers or horseback riders for its specific characteristics;
(3)
A road that passes through or abuts upon a traditional
working landscape, i.e., farming, orchards, etc., where alteration
of the road would diminish the significance of the landscape;
(4)
A road that passes through or abuts unusual geologic
formations, topography, water resources, wetlands or habitats for
rare or endangered wildlife; or
(5)
A road that passes through or abuts a site of historical
importance where altering the road would diminish the impact of the
historical reference.
A.
The Town Board, after following the designation procedure
set forth herein, shall consider a road for scenic road designation.
The owners of not less than a majority of the lot frontage abutting
the road or portion of road (the applicant) may apply to the Town
Board for a designation of a road or portion thereof as a scenic road.
The application shall:
(1)
State by name the road requested to be designated
as a scenic road;
(2)
Identify the length of the road to be designated and,
when only a portion(s) of the road is proposed for designation, identify
the starting and ending points of the proposed portion(s) in terms
of feet from the nearest intersection;
(3)
List the landowners owning land that borders on the
road and provide the address and tax parcel number for each;
(4)
Describe the characteristics of the road which enable
it to qualify for scenic road status; and
(5)
Include a written narrative describing the road's
special scenic qualities with supporting documentation, such as photographs,
maps or other materials.
B.
An original and one copy of the application shall
be filed with the Town of Stanford Town Clerk (the Town Clerk), who
shall retain the copy and forward the original to the Town Board.
C.
In order to designate a road as a scenic road, the
Town Board shall, within 30 days of receipt of an application, refer
the application to the Planning Board, the Highway Superintendent,
the Scenic Road Advisory Committee and the Conservation Advisory Commission
for review and comment. These entities shall submit comments to the
Town Board within 60 calendar days of their receipt of application
from the Town Board. As soon as practicable, but no later than 120
days after its initial receipt of an application, the Town Board shall
hold a public hearing regarding the designation of such road as a
scenic road. The Town shall give notice of the public hearing by publication
in an official Town newspaper at least five calendar days prior to
the date of such hearing. The applicant shall, at its cost and expense,
send notice by registered mail at least 10 calendar days prior to
the date of such hearing to the owners of lots fronting the road under
consideration for designation as a scenic road and provide proof of
such registered mailing to the Town Board prior to such hearing. The
Town Board shall act upon the proposed designation within 45 calendar
days after such hearing. The Town Board shall file its decision or
determination with the Town Clerk within five days of the decision
or determination.
A.
Alterations and improvements of designated scenic
roads shall be carried out to preserve to the highest degree possible
and enhance wherever feasible the aesthetic, historic and/or scenic
characteristics of the road and shall not be inconsistent with the
concerns identified in the application nominating a particular road.
B.
Routine road maintenance, emergency repairs and the
issuance of driveway permits undertaken by the Highway Superintendent
shall not require a public hearing or Planning Board approval.
(1)
For the purposes of this section, "routine road maintenance"
shall mean: 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 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 re-treatment
and repair of existing roadway surfaces.
(2)
In the case of a natural disaster in which, in the
judgment of the Highway Superintendent, a road or a portion thereof
becomes impassable or unsafe for public travel, emergency repairs
and reconstruction by the Highway Superintendent may be made as needed
to restore the road to its pre-emergency condition and surface without
public hearing or Planning Board approval. Repair work that would
change the condition of the road to other than its state prior to
the disaster is subject to procedures required for alterations and
improvements not involving routine road maintenance, emergency repairs
or the issuance of a driveway permit.
C.
Activities subject to review. All activities, not defined as an emergency repair or routine road maintenance in Subsection B above, shall be reviewed by the Planning Board according to the standards in § 164-72 below. Such activities include but are not limited to:
(1)
Widening of the traveled portions or right-of-way
of scenic roads;
(2)
Major changes of grade;
(3)
Straightening or realignment of scenic roads;
(4)
Removal or damaging of stone walls;
(5)
Removal of mature trees;
(6)
Major drainage improvements, including reshaping of
ditches and roadway side slopes; and
(7)
Paving unpaved scenic roads or portions thereof.
D.
Any proposal for alteration or improvement of a designated scenic road hereunder shall be submitted to the Planning Board. Such proposal shall be accompanied by a suitable map showing the location of each proposed improvement or alteration, and, when deemed necessary by the Planning Board, a short report describing the proposed alterations, discussing the reasons for the proposed alteration and available alternatives, if any. The Planning Board shall submit such proposal to the Conservation Advisory Commission, the Highway Superintendent and the Scenic Road Advisory Committee for review and comment and shall hold a public hearing in the manner set out in § 164-69 above. The activities listed in § 164-71C above shall be deemed an "action" as that word is defined in the Environmental Quality Review Act under Article 8 of the Environmental Conservation Law and its implementing regulations, and therefore shall be subject to the provisions of the Environmental Quality Review Act. The Planning Board shall file its decision or determination with the Town Clerk within five days of the decision or determination. Any person aggrieved by the Planning Board's decision may seek appropriate legal remedy.
The following standards shall guide Highway Department routine road maintenance and emergency repairs on or along scenic roads (or portions thereof) and shall be considered by the Planning Board in evaluating proposals identified in § 164-71D above:
A.
Vehicular speeds. Scenic values are correlated with
lower vehicular speeds. The impact of the alteration or improvement
on the existing speed of vehicular traffic along the scenic road shall
be determined. The lower speed limit shall be posted and suitably
enforced.
B.
Curves. Scenic values correlate with the existence
of curves in a roadway which allow a constant unfolding or new and
changing views. Curves shall not be eliminated unless they constitute
a safety hazard and unless no reasonable economically practicable
alternative, such as lower speed limits, could address safety concerns.
C.
Grades. Hills and valleys and corresponding changes
in typography and road grades are correlated with scenic values. Changing
grades through cuts and fills shall not be undertaken unless necessary
for road safety.
D.
Widths. Narrow roads correlate with scenic beauty,
especially when surrounded by natural vegetation and a canopy of trees.
Scenic roads, or portions thereof, shall not be widened unless there
are no other reasonable, economically practicable alternatives, such
as construction of wide bypasses and turnouts at intervals where they
will have the least impact on scenic values.
E.
Side slopes. Existing steepness of side slopes is
preferred to reduction of gradient through extensive removal of soil,
rock and slope, particularly where the slope is fully stabilized and
has extensive ground cover, shrubs or trees.
F.
Vistas. Roadside views of near and distant scenic
landscapes shall be preserved and, where possible, enhanced through
vegetative management and selective cutting to maintain or open up
such views.
G.
Stone walls. Stone walls shall be retained wherever
possible. If stone walls or portions thereof must be removed for safety
reasons, they should be rebuilt in a comparable manner within the
untraveled portion of right-of-way of the scenic road.
H.
Road surface. Often a road surface, in combination
with other scenic features, contributes to the scenic quality of a
roadway. Changing the surface of a scenic road, or portion thereof,
shall be authorized only after the Planning Board has examined all
alternatives and determined that changing the surface is the only
reasonable alternative.
I.
Utility lines. Wherever possible, utility lines should
be placed underground. Where they are overhead, the utility corporations
should be encouraged to cooperate by implementing suitable vegetation
management techniques which preserve the wildflowers and the shrubs.
J.
Vegetation. Vegetation on the side of the road shall
be managed in such a way as to preserve flowers, shrubs, wildlife
and trees. Overarching isolated trees, and the canopy of a closed
forest, are valuable scenic qualities and should be preserved wherever
possible. Maintenance of scenic roads shall be done so as to minimize
root damage to bordering trees.
K.
Drainage ditches. Drainage swales shall be vegetated
or lined with stones in areas subject to erosion.
The official scenic road will be recorded on
New York State's inventory of the Town of Stanford Highways.
