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<br />. <br /> <br />[I!)12?5 <br /> <br />00\ 'VvS- <br /> <br />-- <br /> <br />. <br />. <br /> <br />. <br /> <br />. , <br /> <br />~~ther scenic casements are used in conjunction with park areas or a <br />highw.1Y corridor, the basic prlnclples of sound comprehensive planning <br />apply. It is essential that lands and potential uses of these lands <br />be identified in a plan for the area. The plan should list areas of <br />public use or those where fee simple title acquisition will be necessary, <br />as well as those where some mechanism to acquire less-than-fee title, in <br />this case the scenic easement. could be used to protect the areas in <br />question. The decision on how much acreage to acquire varies with <br />individual cases, The ~eneral rule in sccnic easement acquisition centers <br />around line-of-sight considerations, A person walking through a park or <br />traveling a highway finds the experience affected by what he, can see. <br />Variations in vegetative patterns, topography and speed of passing auto- <br />mobiles are additional factors to consider when planning scenic easements <br />purchases. <br /> <br />Easement Documents <br /> <br />Since one of the chief advantages of easement purchase is flexibility, <br />there is no one standard form. The agreements are tailored to the needs <br />of the landowner and the particular landscape qualities desired to be <br />preserved, In general, scenic easement forms include the following:' <br /> <br />I. A general prohibition against doing anything inconsistent with either <br />the maintenance of the scenic potential of the property or with allow- <br />ing the holder of the easement to use the property in a specified way. <br /> <br />2. A restriction against new buildings and structures or major alter- <br />.ations of existing ones. A saving clause permits the continuance <br />of nonconforming uses existing at the time the easement is acquir'ed. <br /> <br />3. ,.An authorization for necessary public utility lines and roads. <br /> <br />4. A prohibition against cutting mature trees and shrubs, but ,'ith a' <br />,provision authorizing normal maintenance. <br /> <br />5. A prohibition against dumping. <br /> <br />6. A prohibition against outdoor advertising, except for activities <br />located on the premises. <br /> <br />7. A statement providing for, restricting, or prohibiting public <br />right of entry in the particular easement. <br /> <br />As additional guidance in preparing a scenic easement document, the following <br />should be considered. <br />, <br /> <br />First--Consider and delineate the qualities which create beauty, or which can <br />be developed or altered to create beauty, Draft terms and conditions of the <br />easement so that it wi 11 preserve and promote this beauty, <br /> <br />Second--Include in the casement those rir.hts which may be necessary to enable <br />future restoration of desirable qualities, or for the elimination or screening <br />of undesirable qualities which may be present, or which may creep in at some <br />future time. <br /> <br />\ <br /> <br />4 <br />