[Adopted 2-24-1999 by Ord. No. 206]
The purpose of this article is to establish
a procedure for designating, and rescinding a designation of, a Town
road or portion thereof as a scenic road pursuant to § 7-149a
of the General Statutes ("scenic road") and to provide for the maintenance,
alteration, and improvement of scenic roads.
The authority to designate any Town road ("highway")
or any portion of any highway as a scenic road is hereby delegated
to the Planning Commission[1] of the Town of Canton.
A.
To be designated as a scenic road, a highway or portion
thereof must be free of intensive commercial development and intensive
vehicular traffic. It must also meet at least one of the following
criteria:
B.
In addition to these criteria, the Planning Commission[1] shall consider the nature of vehicular and pedestrian traffic on, the accident history on, and the Plan of Conservation and Development roadway classifications for the highway and other highways in the vicinity, as well as the overall protection of the public's health and safety. Roads designated collector or local streets in the Plan of Conservation and Development are eligible for scenic road designation. All proposed scenic roads shall be referred to the Canton Traffic Authority for a report to be received prior to the public hearing provided for in § 375-26B hereof. No state highway or portion thereof may be designated as a scenic road under this article.
[Amended 12-14-2011]
A.
Application procedure. A highway or portion thereof
will be considered for designation as a scenic road by submitting
to the Planning Commission[1] applicable portions of Assessor's maps showing both the
proposed length of scenic road and all the abutting property owners
and a completed application form (available in the Town Planner's
Office) that shall include a statement justifying the proposed scenic
road designation, a list of the names and addresses of all property
owners (based on the current Assessor's records) with frontage abutting
the proposed length of scenic road, and an area for the abutting property
owners to sign the application indicating their approval of the proposed
length of scenic road. No public hearing shall be held and no highway
or portion thereof shall be designated as a scenic road unless the
owners of a majority of lot frontage abutting the highway or portion
thereof agree to the designation of the scenic road by filing a written
statement of approval with the Canton Town Clerk. The application
signed by the abutting property owners may be filed with the Town
Clerk to satisfy this requirement as long as the application clearly
indicates that it will be used for this purpose.
B.
Public hearing. The Planning Commission shall hold
a public hearing on the proposal to designate a highway or portion
thereof as a scenic road. Hearing notices and deadlines shall be in
accordance with the provisions of § 8-7d of the General
Statutes. The Planning Commission shall have the right to designate
an annual deadline or deadlines for the submission of new scenic road
proposals and the right to conduct joint hearings on scenic road proposals.
Notification of the public hearing shall be sent by the Planning Commission
to the Board of Selectmen and the owners of lot frontage abutting
the portion of the highway that is proposed to be designated as a
scenic road.
C.
Vote and designation. Following the public hearing,
the Planning Commission shall vote on the proposed designation pursuant
to the procedures set out in § 8-7d of the General Statutes.
The designation shall become effective on such date as the Planning
Commission shall establish. Any or all of the proposed length of highway
may be designated as a scenic road.
D.
Rescission. The scenic road designation may be rescinded
by the Planning Commission using the same procedures as those for
designation of a scenic road and with the written concurrence of the
owners of a majority of lot frontage abutting the highway or portion
of the highway.
E.
Appeals. Any person aggrieved by the Planning Commission's
designation of a highway or portion thereof as a scenic road pursuant
to this article may appeal such designation in the manner and utilizing
the same standards of review provided for appeals from the decisions
of the Planning Commission under § 8-8 of the General Statutes.
[Amended 12-14-2011]
A.
Routine, minor, and emergency maintenance. Routine,
minor, and emergency maintenance on a scenic road shall be continued
without a review or vote of the Planning Commission[1] or a public hearing. Such maintenance shall include: removal
of dead, diseased, damaged, or dangerous trees and branches of trees;
trimming of tree branches that encroach on the traveled portions of
the highway 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, and mature trees; correction
of drainage problems; striping, graveling, filling, retreatment (including
but not limited to overlay paving and chipsealing), and repair of
existing roadway surfaces; grading; snowplowing; sanding; and emergency
repairs to the scenic road in the case of natural disaster making
it impassable or unsafe for public travel.
B.
Owners. 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.
A.
Any highway which has been designated a scenic road
under this article may be altered and/or improved, including but not
limited to widening of the right-of-way or of the traveled portion
of the highway; paving; changing the grade; straightening; removing
stone walls, ledge, or boulders; installing drainage facilities; and
straightening or removing vegetation, including mature trees.
B.
An alteration or improvement of a designated scenic
road by petition shall be determined by the Planning Commission.[1]
(1)
Any petition for an alteration or improvement, whether by public or private applicant, shall be submitted to the Planning Commission which shall hold a public hearing in accordance with § 375-26B above and shall follow the procedures listed in Subsection B(2) below. The Planning Commission shall forward the petition with its recommendations to the Canton Town Meeting for action to comply with § 8-24 of the General Statutes. The Town Meeting must approve the alteration or improvement by a simple majority vote if recommended by the Planning Commission under this section or by a two-thirds vote if not so recommended.
(2)
When contemplating alterations to a scenic road for
common convenience and necessity, including but not limited to safety,
fire, and police considerations, the following procedures shall be
followed:
(a)
A suitable map will be reviewed, and, if deemed
necessary by the Planning Commission, a technical report documenting
the cited hazard and offering alternative solutions will be reviewed.
(b)
One or more public hearings will be held to
allow full public participation.
(c)
The decisionmaking process for the recommendation
will constitute a review of the specific safety features; take into
account the overall impact of the possible change in the scenic road;
and take into account comments stated at the public hearing(s).
(d)
The final decision shall reflect the least damage
to the character of the scenic road. No alteration or improvement
shall be recommended by the Planning Commission until potential alternative
solutions have been considered thoroughly.
C.
An alteration or improvement of a designated scenic
road by land use decision shall be determined by the Zoning Commission.
(1)
Any alteration or improvement that the Zoning Commission
determines is necessary to protect and promote public safety in conjunction
with the approval of a new driveway, a new highway, or a new subdivision
or other land use development that is accessed by the scenic road
and is under the Zoning Commission's regulatory jurisdiction shall
be determined by the Zoning Commission. Any alteration or improvement
to a scenic road shall not be approved unless a public hearing has
been held on the project.
(2)
Any alterations or improvements authorized by the
Zoning Commission shall, to the extent possible, be the minimum necessary
to address safety issues associated with the new driveway, highway,
or land use development, and any approved alteration or improvement
shall, to the extent possible, be designated to minimize impacts on
the scenic characteristics of the scenic road. Stone wall relocations
and reconstructions, the planting of new trees, shrubs, or flowers,
the installation of underground utilities, and other mitigating measures
may be required by the Zoning Commission in conjunction with its authorization
of alterations or improvements to scenic roads.
D.
If alterations or improvements under Subsection B or C above to a scenic road are required, then they shall be planned with due regard to the following parameters:
(1)
Speed limits. Scenic values are correlated with lower
speeds. The speed limit shall be posted and enforced.
(2)
Curves. Scenic values are correlated with the existence
of curves, which allow a constant unfolding of new and changing views.
Curves shall not be eliminated unless necessary for traffic safety.
(3)
Grades. Hills and valleys are correlated with scenic
values. They shall not be destroyed by cuts and fills unless necessary
for traffic safety.
(4)
Widths. Narrow roads are correlated with scenic values.
Designated highways should not be widened unless necessary for traffic
safety.
(5)
Side slopes. Existing steepness of side slopes often
is preferable to reduction of gradient by extensive removal of soil
and rock. This is especially true where the slope is fully stabilized
and where it is rich with existing ground cover, shrubs, and trees.
(6)
Vistas. Vistas of distant landscapes shall be preserved
by suitable vegetation management techniques.
(7)
Utility lines. Wherever possible, utility lines should
be put underground. Where they are overhead, the utility companies
should be encouraged to cooperated by implementing suitable vegetation
management techniques which preserve the wildflowers and the shrubs.
(8)
Vegetation. Vegetation on the side of the road shall
be managed to preserve wildflowers, shrubs of ornamental wildlife
values, and trees. Overarching isolated trees and the canopy of a
closed forest can have extremely high scenic value.
(9)
Prohibited. Billboards, sand, gravel, and salt piles,
refuse disposal, and other unsightly structures or situations shall
be prohibited. Where possible, scenic and preservation easements should
be acquired from adjacent owners to ensure the continuance of natural
relief, desirable features, and scenic and historic values in the
public interest.
[Amended 12-14-2011]
This article shall be enforced by the Planning
Commission,[1] acting through its designated enforcement official(s).
Any person who violates or fails to comply with the provisions of
this article shall be subject to a fine of $100 for each day that
such offense continues and such other legal remedies as may be available
to the Planning Commission.
[Added 9-25-2002 by Ord. No. 216]
This article has been specifically designated for enforcement by citations issued by designated municipal officers or employees, and the citation hearing procedure established by Chapter 15, Citations, of this Code shall be followed.
