RESOLUTION NO. 135 of 2021 DATED: June 22, 2021

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RESOLUTION ADOPTING INTRODUCTORY LAW C (LOCAL LAW 3 OF 2021) - A LOCAL LAW DESIGNATING SCENIC BYWAYS IN MONTGOMERY COUNTY (LEGISLATURE)

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Resolution by Legislator:   Dimond

Seconded by:

Wilson

WHEREAS, the rural tranquility, scenic beauty and historic character of Montgomery County are community assets that enhance quality of life and property values and  promote tourism in Montgomery County; and

WHEREAS, there are many scenic byways in Montgomery County that are integral to preserving the rural tranquility, scenic beauty and historic character in Montgomery County; and

WHEREAS, the Montgomery County Legislature recognizes the importance of preserving the visual quality of the scenic byways in Montgomery County; and

WHEREAS, upon consultation with the Commissioner of Public Works the following local law is submitted; and

WHEREAS, a copy of this local law in final form has been on the desks of the Montgomery County Legislature for seven calendar days, excluding Sundays; and

WHEREAS, this law is a Type II action under the State Environmental Quality Review Act.

NOW THEREFORE BE IT RESOLVED, that Introductory Local Law C (Local Law 3) of 2021 hereby is submitted to the Legislature of the County of Montgomery for consideration:

INTRODUCTORY LOCAL LAW C (LOCAL LAW 3 OF 2021) - A LOCAL LAW PROMOTING SCENIC BYWAYS IN MONTGOMERY COUNTY

BE IT ENACTED by the Legislature of the County of Montgomery as follows:

SECTION 1.  Purpose.

The purpose of this local law is to preserve the aesthic resource of the scenic byways in Montgomery County that enhance  the quality of life, promote tourism, and protect property values in Montgomery County. These scenic byways are unique to Montgomery County, a primarily agricultural community that is nestled in the foothills of the Adirondack Mountains with swooping scenic vistas of the Mohawk Valley.  These scenic byways provide the public with  a scenic resource within Montgomery County. 

SECTION 2.   Objectives.

The objective of the Scenic Byways Local Law is to: 

A. Preserve and protect the scenic byways in Montgomery County;

B. Recognize the contribution the scenic byways make to the agricultural character, scenic beauty, and unique beauty of Montgomery County. 

SECTION 3.  Designation of Scenic Byways.

A. The initial Scenic Byways designated by this local law are as follows in their entirety:

1. Stone Arabia Road (CR 34)
2. Thayer Road (CR 165)
3. Logtown Road (CR 110)
4. Latimer Hill Road (CR 89)
5. Auriesville Road (CR 122)
6. Pattersonville Road (CR 152)
7. Bulls Head Road (CR 151)
8. Fuller Road (CR 139)
9. Miller Corners Road (CR 142)
10. Sulphur Springs Road (CR 154)
11. Swart Hill Road (CR 1)
12. Widow Susan Road (CR 8)
13. Antlers Road (CR 3)
14. Morrow Road (CR 12)
15. Truax Road (CR 7)
16. Hickory Hill Road (CR 33)
17. Old Trail Road (CR 30)
18. Van Epps Road (CR 116)
19. Borden Road (CR 115)
20. Hyney Hill Road (CR 123)
21. Noeltner Road (CR 164)
22. Burtonville Road (CR 127)
23. Hughes Road (CR 129)
24. Esperance Road (CR 131)
25. Corbin Hill Road (CR 104)
26. East Lykers Road (CR 103)
27. West Lykers Road (CR 102)
28. Carlisle Road (CR 93)
29. Hilltop Road (CR 96)
30. Currytown Road (CR 105)
31. Old Sharon Road (CR 94)
32. Latimer Hill Road (CR 89)
33. Clinton Road (CR 80)
34. Seebers Lane (CR 87)
35. Wagners Hollow Road (CR 48)
36. Indian Road (CR 37)
37. Caswell Road (CR 45)
38. McKinley Road (CR 42)
39. Crum Creek Road (CR 57)
40. Clay Hill Road (CR 59)
41. Fordsbush Road (CR 70)
42. Freybush Road (CR 79)
43. Pickle Hill Road (CR 69)
44. Paris Road (CR 68)
45. Salt Springville Road (CR 75)
46. Sanders Road (CR 66)
47. Brookmans Corners Road (CR 73)
48. River Road (CR 65)
49. Fisher Road (CR 118)
50. Ingersoll Road (CR 117)
51. Noeltner Spur (CR 166) 

B. Additional roads can be designated by the Montgomery County Legislature by resolution following the procedures set forth herein. 

SECTION 4.  Criteria for Designation of Scenic Byways.

In order for a road to be designated as a Scenic Byway the following criteria must be met:

A. The road offers views of near or distant landscapes;

B.  The road has significant scenic, recreational, cultural, natural or historic features that once altered are irreplacable. 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 such as farming or orchards;

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 passes through or abuts a site of historical importance.

C. The road enhances the quality of life of Montgomery County residents . Examples of enhancing the quality of life of Montgomery County residents might include:

1. Contributing to tourism;

2. Enhancing property values in Montgomery County;

3. Providing the public with a scenic resource.

SECTION 5. Designation procedure.

The Montgomery County Legislature may designate additional roads as scenic byways upon the following:

A. Upon submission of either a resolution from the Montgomery County Legislature introducing a local law to amend this local law, a resolution signed by the local Town or Village nominating a road to be a scenic byway, or  a petition by landowners on the road . The nominating document must set forth the following:

1. The name of the road requested to be designated as a scenic byway;

2. Identify the length of the road to be designated and, when only a portion of the road is proposed for designation, identify the starting and ending points of the proposed portion in terms of feet from the nearest intersection;

3. Describe the characteristics of the road which enable it to qualify for scenic road status as set forth in Section 4.

B. Within thirty days of receipt of a resolution or an application, the Montgomery County Legislature shall submit a copy of the application or resolution to the Commissioner of Public Works and hold a public hearing regarding the designation of the road as a scenic byway.

C. The Montgomery County Legislature shall act upon the proposed designation within forty-five (45) calendar days after the public hearing. Adding an additional scenic byway must be done by amending this Local Law.

SECTION 6.  Scenic Byway Guidelines

The following standards shall apply to scenic byways in Montgomery County.

A. Vistas.  Roadside views of near and distant scenic landscapes are vital to the quality of life and economy of Montgomery County and shall be preserved and, where possible, enhanced through vegetative management and selective cutting to maintain or open up such views.  Roadside views from scenic byways shall remain visually consistent with the views at the time of designation. For the purposes of this paragraph, visually consistent shall mean not obviously different from or in sharp contrast to views at the time of designation taking into consideration the scale and context of the existing conditions at the time of designation. 

B. Vegetation.  Vegetation on the side of the road shall be maintained in such a way as to preserve the scenic value and beauty of existing flowers, shrubs, and trees.

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 be undertaken only when necessary for road maintenance and safety.

SECTION 7.  To the extent that this local law is inconsistent with existing laws it shall supersede them.

SECTION 8.  If any clause, sentence or paragraph of this local law shall be adjudged by any court of competent jurisdiction to be invalid, such judgment, decree or order shall not affect, impair or invalidate the remainder of the local law, which shall as to such remainder remain in effect. 

SECTION 9.  This law shall take effect upon filing with the Secretary of State.

RESOLUTION VOTE, passed with Aye(7). Legislators Duchessi and Isabel were absent. (6/22/2021)

Statement of Legislative and Financial Impact:

I. Nature of Request:

II. Justification:

III. Legislative Impact:

IV. Financial Impact:

cc:	County Clerk County Treasurer

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Voting Record Kelly  (R)  Yes   Sweet  (R)  Yes   Dimond  (D)  Yes   Headwell, Jr.  (R)  Yes   Wilson  (R)  Yes   Duchessi  (D)  Absent   Pepe  (R)  Yes   Isabel  (D)  Absent   Purtell  (D)  Yes

STATE OF NEW YORK County of Montgomery ss.:       This is to certify that I, the Undersigned, Clerk Of The Montgomery County Legislature, have compared the foregoing copy of resolution with the original resolution now on file in the office, and which was passed by the Montgomery County Legislature on the 22nd day of June, 2021, a majority of all the members elected to the Legislature voting in favor therof, and that the same is a correct and true transcript of such original resolution and of the whole thereof.       IN WITNESS WHEREOF, I have set my hand and the official seal of the Montgomery County Legislature this 15th day of July, 2021 Totals: Aye: 7 Nay: 0   Abstained: 0 Absent: 2