[Adopted 12-10-1992 (Ch.
9, Art. III, of the Town Code)]
A.
The Planning Commission of the Town of Woodbury shall have the power to designate a Town highway as a scenic road on its own motion or with proper application subject to the provisions of § 210-13 of this article.
B.
Only those
highways which are free of intensive commercial development and intensive
vehicular traffic and which meet at least one of the (following) criteria
listed below shall be considered by the Planning Commission for designation
as scenic road:
C.
The Planning
Commission's consideration shall be based on the vistas, existence
of historic structures on abutting properties, forests with mature
trees, notable geologic or other natural features. No state highway
or portion thereof may be designated as a scenic road under this article.
Any portion of a Town highway designated as a scenic road must be
at least one-half mile in length.
No highway or portion of a highway may be designated a scenic
road unless the owners of a majority of lot frontage abutting the
highway or portion of the highway agree to the designation by signing
a written statement of approval which shall be filed with the Town
Clerk at the time an application is made.
An application, in the form of a letter, must be submitted to
the Planning Commission and shall include: the name of the highway;
its location; a description of those characteristics of the highway
which qualify it for scenic road status; a copy of the written statement
of approval agreeing to such designation from the owners of a majority
of the lot frontage abutting such highway or portion thereof; and
the signatures and addresses of said property owners.
Upon verification of the validity of the petition by the Town Clerk, the Planning Commission shall schedule a public hearing and make a decision on the proposal in accordance with the procedures of C.G.S. §§ 8-26 and 8-26d. In addition, the Planning Commission shall notify the Board of Selectmen and the Director of Public Works that such a petition has been filed. Upon filing, no alterations or improvements may be made upon the subject highway or portion thereof except as provided for in § 210-18 of this article, pending the decision of the Planning Commission.
The Planning Commission shall designate the date at which the
designation of a scenic road shall become effective. The scenic road
designation may be rescinded by the Planning Commission using the
same procedure and having the written concurrence of the owners of
a majority of lot frontage abutting the highway or portion of the
highway.
Any person aggrieved by the designation of a highway or portion
of the highway as a scenic road by the Planning Commission may appeal
such designation in the manner provided for appeals from the decisions
of Planning Commissions under C.G.S. § 8-28.
A.
After a highway or portion thereof has been designated as a scenic
road it shall be maintained by the Town in good and sufficient repair
and in passable condition. No material changes shall be made in the
width of the travelled portion, the alignment, the grade or the elevation
of the road, or the type of roadway surface, the location of stone
walls, or mature tree configuration or the installation or replacement
of guard rails without the approval of the Planning Commission.
B.
Routine road maintenance may be performed by the Town without the
approval of the Planning Commission. Routine road maintenance shall
include: correction of drainage problems; retreatment and repair of
existing road surfaces; the removal of dead trees or branches; trimming
of tree branches encroaching on the travelled portion of the road
below the height needed for passage of school buses and emergency
vehicles and to preserve sight lines; trimming of tree branches encroaching
on utility lines; trimming of brush to enhance and protect scenic
views, stone walls, mature trees, and other characteristics of the
scenic road set forth in its description.
C.
Nothing in this section 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.
