[Adopted 6-30-1985; amended 5-18-1987]
The purpose of this article is to help preserve Killingworth's rural character and beauty by enabling property owners to preserve scenic rural roads abutting their property.
The power to designate scenic rural roads is hereby delegated to the Planning and Zoning Commission, such designation to be made in accordance with the standards and procedures set forth herein; however, those powers regarding the same which are reserved unto the Board of Selectmen are specified hereafter.
A. 
Property owners may petition the Planning and Zoning Commission for a designation of a Town road or portion of a Town road as a scenic rural road. The petition shall state what road or portion of road is requested to be designated as a scenic rural road and describe those characteristics of the road which qualify it for scenic rural road status, as well as other characteristics which enhance the scenic character of the road. The petition shall be signed by the owners of a majority of lot frontage abutting the road or portion of road in question, stating that they approve of designating the road or portion of road a scenic rural road and indicating, to the best of their knowledge, their lot frontage along the road or portion of the road in question. Each signer of the petition shall indicate his or her address. The petition should include the names and addresses of owners of lot frontage abutting the road or portion of the road who did not sign the petition. The petition must contain the name, address and signature of the circulator of the petition, who must be a resident of Killingworth. Said petition shall also have a signed statement by the circulator that the circulator either knows each individual who signed the petition or that the signer satisfactorily identified himself or herself to the circulator.
B. 
An original and one copy of the petition shall be filed with the Town Clerk, who shall retain a copy and forward the original to the Planning and Zoning Commission. The Town Clerk shall also immediately notify the Selectmen and the Assessor that such a petition has been filed. Upon the filing of the petition, no alterations or improvements may be made upon the road or portion of road that is the subject of the petition, except as provided in § 293-21 hereof, pending a final decision by the Planning and Zoning Commission. As used throughout this article, a majority is defined to mean the quantitative majority of the owners of a majority of lot frontage.
C. 
The Assessor shall examine the petition and determine, on the basis of the Town Land Records, whether the petition has been signed by the owners of a majority of lot frontage abutting the road or portion of the road in question. If it has been signed, the Assessor shall state in writing to the Planning and Zoning Commission within 30 days of the filing of the petition. If the Assessor finds that the petition has not been signed by a majority of the owners of a majority of lot frontage, the Assessor shall notify the Planning and Zoning Commission and shall notify the circulator of the petition in writing by certified mail, return receipt requested, within 15 days of the filing of the petition. Within 10 days of the receipt of such notification by the circulator of the petition, the original and one copy of a supplemental petition may be filed with the Town Clerk, who shall immediately notify the Assessor. If said supplemental petition has sufficient signatures of property owners to indicate that the owners of a majority of lot frontage abutting the road or portion of the road in question approve the designation, the Assessor shall so state in writing to the Planning and Zoning Commission within 10 days of the filing of the supplemental petition, forwarding the original of the supplemental petition to the Planning and Zoning Commission. If no supplemental petition is filed with the Town Clerk within the ten-day period, or if it is inadequate to correct the deficiency in the original petition, the Town Clerk shall so notify the Planning and Zoning Commission and the Selectmen, and the prohibition on alterations or improvements in the road or portion of road that was the subject of the petition shall be terminated.
D. 
Within 35 days of the first meeting of the Commission after receipt of certification by the Assessor that the petition, or the petition together with a supplemental petition, bears the signatures of the owners of a majority of lot frontage abutting the road or portion of the road that is the subject of the petition, the Planning and Zoning Commission shall hold a public hearing to consider the petition. Notice of proposed designation specifying the road or portion of the road to be designated, and the time and place of the hearing, shall be published in the form of a legal advertisement appearing in a daily newspaper having a substantial circulation in Killingworth not more than 20 days nor less than 15 days prior to such hearing. Such notice shall also be given in writing, by certified mail, return receipt requested, mailed at least 15 days prior to the public hearing, to all owners of property frontage abutting the road or portion of road to be designated who did not sign the petition or supplemental petition. The Town Clerk shall make the copy of the petition or supplemental petition, if any, available for inspection by the public at least 10 days prior to the public hearing.
E. 
Unless evidence is presented at the public hearing which might warrant denial of the petition under the standards set forth in § 293-20 hereof or which might warrant permitting specified limited alterations or improvements to be made to the road or portion of road that is the subject of the petition pursuant to § 293-20B hereof, the Planning and Zoning Commission shall approve the petition at the time of the hearing and designate the road or portion of road that is the subject of the petition a scenic rural road. If such evidence is presented, the Planning and Zoning Commission may continue the hearing to its next regular meeting, stating the date, time, and place of the continued hearing, at which time it shall hear any further evidence that parties in interest or citizens may wish to present. It shall reach a decision within 35 days thereafter, either denying the petition or stating its reasons for the denial or designating the road or portion of road that is the subject of the petition a scenic rural road, specifying any alterations or improvements to be permitted to be made to the road or portion of road pursuant to § 293-20B hereof. The designation of a road or portion of a road as a scenic rural road shall specify what characteristics of the road or portion of road qualify it for scenic rural road status and what other characteristics of the road or portion of road enhance its scenic character. It shall also state exactly what portion of the road in question is subject to designation. Upon designation as a scenic rural road, the road or portion of the road in question shall be protected under § 293-21 hereof, provided that alterations or improvements may be made pursuant to § 293-22 hereof.
F. 
The Planning and Zoning Commission shall provide the Town Clerk with a copy of its decision on a petition. The Town Clerk shall forthwith provide a copy of the decision to the Selectmen and the circulator of the petition. The Town Clerk shall maintain a list of all the roads or portions of roads designated as scenic rural roads, said list is to be provided by the Planning and Zoning Commission. By content it shall indicate the characteristics of each scenic rural road and any permitted limited alterations or improvements to be made on the scenic rural road as specified in the designation. The Planning and Zoning Commission shall provide the Town Clerk with an accurate map of Town roads on which roads or portions of roads designated as scenic rural roads are distinctively marked. Copies of said list and map shall be provided by the Town Clerk to the Selectmen, and said list and map shall be available to the public for inspection.
A. 
The Planning and Zoning Commission shall designate a road or portion of road a scenic rural road if the following standards are met:
(1) 
The road or portion of road is free of intensive commercial development.
(2) 
The road or portion of road is free of intensive vehicular traffic.
(3) 
The road is in a residential zone.
(4) 
A majority of lot owners abutting the road or portion of road have signed the petition or the supplemental petition indicating that they approve of the designation.
(5) 
The road or portion of road meets one of the following criteria:
(a) 
It is unpaved.
(b) 
It is bordered by mature trees or stone walls.
(c) 
The travelled portion of the road 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.
B. 
In designating a scenic rural road, the Planning and Zoning Commission shall reserve all decisions regarding road alterations, maintenance and improvements to the Board of Selectmen.
A. 
After a road or portion of road has been designated a scenic rural road, the Town shall continue to maintain it as it had prior to such designation.
(1) 
No alterations or improvements shall be made therein, except:
(a) 
As specifically permitted by decision of the Board of Selectmen.
(b) 
As made necessary as a result of a natural disaster and permitted pursuant to Subsection B of this section.
(2) 
No material changes shall be made in the width of the right-a-way or the travelled portion, the alignment, the grade, or the elevation of the road, or in the type of roadway surface. No trees may be cut or removed, no stone walls or portions thereof may be torn down or destroyed, no boulders may be removed, and no trees or other vegetation within the untravelled portion of the road may be disturbed, except as permitted herein for routine road maintenance.
(3) 
Routine road maintenance shall include removal of dead or seriously diseased or damaged branches of trees; trimming of the tree branches that encroach on the travelled portion of the road below the height needed to allow school buses and emergency vehicles to pass; trimming and removal of brush and removal of boulders or other obstacles that encroach on the travelled portion of the road; necessary trimming for utility lines; trimming of brush to enhance and protect scenic views, stone walls, mature trees and other characteristic of the scenic rural road set forth in the decision designating it as a scenic rural road; correction of drainage problems, and graveling, retreatment and repair of existing roadway surfaces. All routine road maintenance shall be performed in a manner to protect and enhance those characteristics of the road which are specified in the decision designating the scenic rural road as is practicable.
(4) 
Nothing herein shall prohibit a landowner from permanently removing a portion of a stone wall in order to construct or improve a driveway or, in the case of subdivision, to connect a subdivision road with a designated scenic rural road.
B. 
In case of a natural disaster in which the scenic rural road becomes impassable or unsafe for public travel and access must be provided, emergency repairs may be made as needed; they shall be made with consideration to repairing in a manner which will avoid or reduce adverse effects on the characteristics of the road specified in the decision designating it a scenic rural road. Reconstruction of the scenic rural road shall be done in a manner to restore the road to the extent possible to its scenic character at the time of designation.
C. 
Paving of the unpaved travelled portion of the scenic rural road shall be permitted if the owners of a majority of lot frontage along the unpaved portion of the scenic rural road indicate their approval of the paving by signing a written statement agreeing to the paving and filing it with the Town Clerk. The statement shall describe the unpaved travelled portion of the scenic rural road to be paved and indicate, to each signer's knowledge, each signer's lot frontage along the unpaved portion of the scenic rural road. Upon examination by the Assessor of the statement and determining, on the basis of the Town Land Records, that the statement has been signed by owners of a majority of lot frontage along the unpaved portion of the scenic rural road in question, the Assessor shall so certify to the Board of Selectmen and provide it with copies of the statement. No less than 20 days prior to the start of paving or of any work on the road preparatory to paving, written notice shall be sent, certified mail, return receipt requested, to the owners of a majority of lot frontage along the unpaved portion of the scenic rural road to be paved who did not sign the written statement. Said notice shall state the date on which paving work or work preparatory to paving is to begin, describe the unpaved portion of the scenic rural road to be paved, and indicate that the statement approving the paving may be examined at the office of the Town Clerk. If, within 15 days of receipt of said notice by said property owners, no claim is made that the signers of the written statement are not owners of a majority of lot frontage on the unpaved portion of the scenic rural road to be paved, the paving or work preparatory to paving may proceed on the scheduled date. If such a claim is made, the Town Clerk shall immediately notify the Planning and Zoning Commission. The Commission shall inform the Town Clerk of its decision within five days of the meeting, and the Town Clerk shall provide copies of the decision to the Selectmen. If the Selectmen decide that the written statement is signed by the owners of a majority of lot frontage abutting the unpaved portion of the scenic rural road to be paved, the paving and work preparatory to be paving may proceed. If they decide that the written statement is not so signed, the unpaved portion of the scenic rural road may not be paved. Paving of the unpaved portion of a scenic rural road pursuant to this subsection shall not abrogate any other protections of scenic rural roads set forth in Subsection A and B of this section.
A. 
If the Board of Selectmen finds that a hazard to the safety of the travelling public exists on a scenic rural road, it shall submit a statement to the Town Clerk specifying the location and nature of the hazard and describing the specified alterations or improvements to be made in the road to correct it. The statement shall be available for inspection at the Town Clerk's office by any interested party.
B. 
The Board shall hear any interested persons appearing at the Board meeting. The Selectmen shall render a decision as to whether to undertake the improvement or alteration. In the rendering said decision, the Selectmen shall consider the nature of the hazard and procedures for improvement which would cause the least damage to the character of the scenic rural road, as well as costs for the same. Stone walls which are interrupted for purposes allowed under this article shall be rebuilt except where their existence would interfere with the construction or existence of the improvement.
A. 
Property owners may petition the Planning and Zoning Commission requesting that a scenic rural road designation be rescinded, stating for what road or portion of road rescission is requested. The petition shall be signed by the owners of a majority of lot frontage abutting the designated road or portion of road, stating that they approve of rescinding the designation of the road or portion of the road as a scenic rural road, and indicating, to the best of their knowledge, their lot frontage along the road or portion of the road in question. Each signer of the petition shall indicate his or her address. The petition must contain the name, address and signature of the circulator of the petition, who must be a resident of Killingworth. Said petition shall also have a signed statement by the circulator that the circulator either knows each individual who signed the petition or that the signer satisfactorily identified himself or herself to the circulator.
B. 
An original and one copy of the petition shall be filed with the Town Clerk, who shall retain the copy and forward the original to the Planning and Zoning Commission. The Town Clerk shall also immediately notify the Selectmen and the Assessor that such a petition has been filed. The scenic rural road designation of the road or portion of road that is the subject of the petition and the protection of the scenic rural route under § 293-21 hereof shall remain in full force and effect, pending a final decision by the Planning and Zoning Commission.
C. 
The Assessor shall examine the petition and determine, on the basis of the Town Land Records, whether the petition has been signed by the owners of a majority of lot frontage abutting the road or portion of road in question. If the Assessor finds that the petition has not been signed by the owners of a majority of lot frontage in question, the Assessor shall so notify the Planning and Zoning Commission and shall notify the circulator of the petition in writing by certified mail, return receipt requested, within 15 days of the filing of the petition. Within 10 days of the receipt of such notification by the circulator of the petition, the original and one copy of a supplemental petition may be filed with the Town Clerk, who shall immediately forward it to the Assessor. If said supplemental petition has sufficient additional signatures of property owners to indicate that the owners of a majority of lot frontage abutting the road or portion of road in question approve rescission of the designation, the Assessor shall so certify to the Planning and Zoning Commission within five days of the filing of the supplemental petition, forwarding the original of the supplemental petition to the Planning and Zoning Commission. If no supplemental petition is filed with the Town Clerk within a ten-day period, the Town Clerk shall notify the Planning and Zoning Commission and the Selectmen, and the road or portion of road that is the subject of the petition for rescission shall continue to be designated a scenic rural road protected under § 293-21 hereof.
D. 
The procedure as to notice and public hearing set forth in § 293-19D hereof shall be followed with regard to a petition for rescission of a scenic rural road designation.
E. 
Unless evidence is presented at the public hearing which might warrant denial of the petition on the ground that the petition for rescission of a scenic rural road designation has not been signed by owners of a majority of lot frontage along the scenic rural road that is the subject of the petition, it shall decide whether to approve the petition at the time of the hearing and rescind the scenic rural designation. If such evidence is presented, the Planning and Zoning Commission may continue the hearing, to its next regular meeting, specifying the date, time, and place of the continued hearing, at which time it shall hear any further evidence that parties in interest or citizens may wish to present. It shall reach a decision within 35 days thereafter, either denying the petition and stating its reasons for the denial or approving the petition and rescinding the scenic rural road designation.
F. 
The Planning and Zoning Commission shall provide the Town Clerk with a copy of its decision on a petition for rescission. The Town Clerk shall forthwith provide a copy of the decision to the Selectmen and the circulator of the petition. If the decision rescinds the scenic rural road status of the road or portion of road in question, the Town Clerk shall correct the list and map of scenic roads accordingly. If the decision denies the petition for rescission, the road or portion of road in question shall continue to be designated as a scenic rural road protected by the provisions of this article.
Nothing in this article shall be construed to require the Town of Killingworth to undertake improvements, repairs, alterations or maintenance (including payment) to any scenic rural road that the Town, through its designated bodies, shall not choose to do.