[Adopted 12-2-2008, effective 1-2-2009]
The purpose of this article is to help preserve
Woodbridge's rural character and beauty by enabling the Town to preserve
its scenic rural roads, consistent with safe travel. Woodbridge's
rural roads are an important part of its history and an essential
component of its rural character. They provide recreational opportunities
for those who travel along them, by whatever means, enjoying the scenery
along the way.
A.
Authority to designate scenic roads. The authority
to designate a Town highway or any portion of any Town highway in
the Town of Woodbridge as a scenic road is authorized pursuant to
Connecticut General Statutes, § 7-149a. The Woodbridge Board
of Selectmen (BOS) may, at its option, delegate to the Town Plan and
Zoning Commission of the Town of Woodbridge, to be exercised pursuant
to the designation criteria and according to the procedures set forth
herein, the authority to designate a Town highway or portion thereof
as a scenic road. (Hereinafter, the word "road" shall be used to mean
any public highway in the Town of Woodbridge. This term does not include
state highways, private roads or private rights-of-way.)
B.
Designation criteria.
(1)
No portion of a road shall be designated as a scenic
road if the abutting property is located in a business, commercial
or industrial zone, including but not limited to BI, GB, DEV-1 or
DEV-2 Districts on either side of that portion of the road at the
time that the application for designation is filed hereunder.
(2)
No road or portion of road shall be designated as
a scenic road if the BOS or its designated authority finds, based
on the evidence in the record before it, that:
(a)
The road serves as a primary artery for traffic
as an east-west route or as a north-south route, that a state highway
is not a reasonable alternative and that alterations or improvements,
as defined herein, must be made in the road to safely accommodate
existing or reasonably and proximately anticipated traffic; or
(b)
The road carries intensive vehicular traffic,
such that a high level of traffic congestion results in unreasonable
delays for vehicular traffic.
(3)
If only a portion of a road is to be designated as
a scenic road, that portion must extend from the intersection with
a different road to the intersection with another road, or to the
end of the road or to a Town boundary line. If a road is partially
in a business, commercial or industrial zone, the portion of the road
to be designated may begin at the termination of the business, commercial
or industrial zone and end at an intersection with another road, the
end of the road or a Town boundary line.
(4)
If the conditions of Subsection B(1), (2) and (3) of this section are met, and the approval of the owners of a majority of lot frontage abutting the road has been established as set forth in Subsection C(1) and (2) of this section, the BOS or its designated authority shall designate the road or portion of road a scenic road, if it finds that the road or portion of road has one or more of the following characteristics:
(a)
It is unpaved;
(b)
It is bordered by mature trees or stone walls;
(c)
The traveled portion is no more than 20 feet
in width;
(d)
It offers scenic views;
(e)
It blends naturally into the surrounding terrain;
(f)
It parallels or crosses over brooks, streams,
lakes or ponds; or
(g)
It abuts land on which significant historic
structures or notable geologic or other natural features are located.
C.
Procedure for scenic road designation.
(1)
Application.
(a)
An application to the BOS or its designated
authority for designation of any road or portion of road as a scenic
road hereunder must include the following:
[1]
The name of the road proposed to be designated,
in whole or in part, as a scenic road.
[2]
The total frontage of the road or portion of road proposed for designation and, in the case of a proposal for designation of a portion of a road, a statement as to how the proposed designation complies with Subsection B(4) of this section.
[3]
A description of the road or portion of road proposed for scenic road designation, indicating which of the minimum criteria set forth in Subsection B(4) of this section are met, and further describing those additional characteristics of the road or of land adjoining the road that should be considered in protection of the road.
[4]
The name and address of the person or organization
to be considered the applicant for purposes of receiving notice due
an applicant under applicable law.
[5]
Certification by the Town Clerk, as set forth
below, if applicable.
(b)
Such application must be accompanied by either
one of the following:
[1]
A written statement or statements of approval
signed by the owners of a majority of the lot frontage abutting the
road or portion of road proposed for designation, stating that they
consent to its designation as a scenic road. Each statement of approval
shall include the name and address of each owner of land approving
the proposed designation of the road in question as a scenic road.
It shall also contain the name, address and signature of each circulator
of the statement of approval, who must be a resident of Woodbridge,
and a statement by each such circulator, at the bottom of each statement
of approval, that the circulator either knows each individual who
signed the statement or that the signer satisfactorily identified
himself or herself to the circulator. The BOS or its designated authority
may request certification from the Town Clerk that owners of a majority
of the lot frontage abutting said road have signed the written statement
or statements of approval.
[2]
A written statement or statements requesting
designation of the road or portion of road as a scenic road, signed
by 5% of the number of persons qualified to vote at a Town Meeting
of the Town. Each such statement requesting designation shall include
the name and address of each person signing the statement. It shall
also contain the name, address and signature of each circulator of
the statement, who must be a resident of Woodbridge, and a statement
by each such circulator, at the bottom of each statement requesting
designation, that the circulator either knows each individual who
signed the statement or that the signer satisfactorily identified
himself or herself to the circulator. The Town Clerk shall certify
that the persons signing the written statement or statements are qualified
to vote at a Town Meeting and are sufficient to comply with the provisions
of this section within 10 days of the delivery of the statement or
statements to the Town Clerk.
(2)
Action by the BOS or its designated authority.
(a)
The BOS or its designated authority shall conduct
a public hearing on any application for scenic road designation and
shall reach its decision in accordance with the requirements for notice,
hearing and time deadlines as set forth in § 8-7d of the
Connecticut General Statutes, including, without limitation, the requirements
for publication of notice of the public hearing and of its decision
in a newspaper of general circulation, as set forth therein. The decision
shall be accompanied by a statement of reasons why the road or portion
of road does or does not meet the criteria for designation as a scenic
road.
(b)
Within 15 days of its approval of an application to designate a scenic road, the BOS or its designated authority shall notify the Town Clerk, the Board of Selectmen, the Public Works Department and the Town Tree Warden of the designation, specifying the scenic characteristics of the road, and, if the application was filed in accordance with Subsection C(1)(b)[1] of this section, the BOS or its designated authority shall file the original statement or statements of approval submitted with the application in the office of the Town Clerk. In the event that the application was filed in accordance with Subsection C(1)(b)[2] of this section, the designation shall not take effect until a statement or statements of approval meeting the requirements of Subsection C(1)(b)[1] has been filed with the Town Clerk. Such statement or statements must be filed within 90 days of the date of the decision approving the application to designate the scenic road, or said decision shall be null and void.
(c)
Any person aggrieved by a decision to designate
a scenic road may take an appeal therefrom in the manner and utilizing
the same standards of review provided for appeals from the decisions
of planning commissions under § 8-8 of the Connecticut General
Statutes.
A scenic road designation may be rescinded following the procedures for designation as set forth in § 375-12C of this article, including the requirement that the owners of a majority of the lot frontage approve of the rescission.
A.
Protection of scenic roads from major alterations
and improvements.
(1)
The Town shall maintain scenic roads in good and sufficient
repair and in passable condition by routine road maintenance; but
no alterations or improvements shall be made therein, except as provided
in this section.
(2)
Alterations or improvements shall be deemed to include changes in the width of the right-of-way or of the traveled portion, the alignment, the grade or the elevation of the road or in the nature and characteristics of the material used on a roadway surface; removal or destruction of stone walls or portions thereof; removal of boulders and removal or cutting of trees, shrubs or other vegetation within the untraveled portion of the road, except as permitted by Subsection B of this section; and replacement of bridges, guide posts, guide rails and other engineered structures.
B.
Routine road maintenance.
(1)
All routine road maintenance shall be performed in
a manner to protect and maintain the scenic characteristics of the
road as set forth in the designation and, as described herein, shall
not be considered alterations or improvements.
(2)
Routine road maintenance shall include winter road
maintenance and street cleaning; removal of dead and seriously diseased
or damaged trees and branches of trees that pose a threat to public
safety, in accordance with the requirements of § 23-59 of
the Connecticut General Statutes; trimming of tree branches that encroach
on the traveled portion of the road below the height needed to allow
school buses, emergency vehicles and other legal vehicles to pass;
trimming or removal of brush and removal of boulders or other obstacles
that encroach on the traveled portion of the road or obstruct site
lines required for safety; necessary cutting and trimming of brush
or trees for utility lines, in accordance with § 16-234
of the Connecticut General Statutes; trimming of brush to enhance
and protect scenic views, stone walls, mature trees and other scenic
characteristics of the scenic road, as set forth in its designation;
correction of road drainage problems, including the removal of trees,
shrubs and other vegetation from an existing drainage ditch, provided
that the measures taken would not otherwise be considered alterations
or improvements hereunder; graveling (or its equivalent) and grading
to smooth the surface of unpaved roads, provided that the nature and
characteristics of the material used on the road surface remain the
same or the surface is restored to a prior passable condition using
natural materials; and repaving, retreatment or repair of existing
paved surfaces that does not require widening or removal of trees
or stone walls or changing the grade or configuration thereof.
(3)
Routine road maintenance shall also include the installation
of reflectors and the installation of warning, speed limit and other
signs.
C.
Connection of driveways to scenic road. Nothing herein
shall prohibit a landowner from permanently removing a portion of
a stone wall or trees on or in the public right-of-way, if necessary
in order to construct or improve a driveway or to provide a safe sightline
from a driveway, provided that said landowner has first obtained approval
of the Board of Selectmen.
D.
Emergency repairs. In case of an emergency in which
the scenic road becomes impassable or unsafe for public travel and
access must be provided, emergency repairs may be made as needed but
shall be made in a manner which will avoid or reduce adverse effects
on scenic characteristics of the road. Reconstruction of the scenic
road shall be done in a manner to restore the road, to the extent
possible, to its scenic character at the time of the emergency.
E.
Alterations to scenic road to correct potential hazards
to safety.
(1)
When the Board of Selectmen finds that a potential
hazard to the safety of the traveling public may exist on a scenic
road, it shall publish a notice in a newspaper of general circulation
in Woodbridge and to all landowners along the scenic road in question.
The notice shall specify the location and nature of the potential
hazard and briefly describe the alterations proposed in order to correct
the potential hazard.
(2)
If no written objection is filed with the Selectmen
within 10 days of the publication of the notice, the alteration may
proceed. If objection is made, a meeting shall be held before the
Board of Selectmen, which shall be scheduled no sooner than 10 days
after the Board of Selectmen have published notice in a newspaper
of general circulation in Woodbridge indicating the date, time and
place of the meeting. A copy of the notice of the hearing shall be
sent to the person or persons objecting. At said meeting, those in
attendance shall have an opportunity to review and comment on the
proposed alterations.
(3)
Any alterations undertaken to correct a potential
safety hazard on a scenic road shall be planned and executed so as
to do the least possible damage to the characteristics of the scenic
road, as set forth in the designation. Consideration shall be given
to alternatives to remedying the potential safety hazard that are
less destructive of the characteristics of the scenic road, such as
the installation of guide posts or guide rails, and the use of reflectors,
warning signs and speed limit signs. Materials that blend into or
complement the scenic characteristics of the scenic road, including,
but not limited to, stone and timber, shall be used for bridges, guide
rails, guide posts and other engineered structures. Curbing shall
be used only as necessary for proper lawful drainage.
F.
Connection of new road to scenic road. Whenever the
Board of Selectmen reviews a proposal pursuant to its road specifications
for a new road, such as a subdivision road, its recommendation shall
include consideration of the following:
(1)
Alternative locations for the connection of a new
road to a scenic road, in order to select a location that would have
the least potential detrimental impact on the scenic road.
(2)
Alternative routes for the new road that could connect
the new road to other existing roads, in order to minimize or eliminate
any potential detrimental impact on one or more scenic roads.
Nothing in this article shall be deemed to prohibit
a person owning or occupying land abutting a scenic road from maintaining
and repairing the land which abuts the scenic road if the maintenance
or repair occurs on land not within the right-of-way, paved or unpaved,
of the scenic road.
Nothing herein shall relieve the Town from complying
with § 8-24 of the Connecticut General Statutes.
