Preserve and protect the present quality and character of certain specific roads of the City of Beacon (the "City");

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;

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;

Recognize that there are specific unique features which contribute to the beauty and enjoyment of the City's road system;

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;

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;

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

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.

The road is bordered by mature trees or stone walls;

The traveled portion of the road is no more than 20 feet in width;

The road offers views of near and distant landscape; and

The road is compatible with the natural environment and is integrated well with the surrounding terrain.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

The official scenic road will be recorded on the New York State's inventory of the City of Beacon highways.