[HISTORY: Adopted by the Board of Selectmen of the Town of Brookfield 10-4-1989.
Amendments noted where applicable.]
This ordinance shall be known as the "Scenic Road Ordinance" of the
Town of Brookfield.
The authority to designate a Town road or any portion of a Town road
as a scenic road is hereby delegated to the Planning Commission of the Town
of Brookfield in accordance with the provisions of Section 7-149a(b) of the
Connecticut General Statutes.
No road or portion thereof shall be designated as a scenic road unless
the Planning Commission affirmatively finds that each of the following requirements
has been satisfied:
A.
The owners of a majority of lot frontage abutting the
road or portion thereof to be designated as a scenic road have filed a written
statement of approval of said designation with the Town Clerk and the Assessor
has certified that the owners who signed the designation do, in fact, constitute
the owners of a majority of said lot frontage.
B.
The road is free of intensive commercial development
and intensive vehicular traffic.
C.
The road is in a safe condition for travel by the motoring
public and does not require any repairs or improvements to accommodate existing
traffic volume and projected traffic volume over the next five years.
D.
The road is at least 1/2 mile in length.
E.
The road possesses at least one of the following characteristics:
(1)
It passes through agricultural land.
(2)
It abuts land on which is located an historic building
or structure listed on the National Register of Historic Places or the State
Register of Historic Places.
(3)
It affords vistas or marshes, shoreline, forests with
mature trees or notable geologic or other natural features.
F.
The road possesses at least one of the following characteristics:
G.
The combination of features possessed by the road make
it distinct from other roads in the Town of Brookfield.
A.
Application. An application for designation of a Town
road or a portion of a Town road as a scenic road must be signed by the owners
of a majority of the lot frontage abutting the road or a portion thereof and
must be submitted to the Planning Commission. Simultaneously, certified copies
of said application shall be filed with the Town Clerk, the Assessor and the
Board of Selectmen. Said application shall contain the following information:
(1)
The name of the road or a description of the portion
of a road which is proposed for designation as a scenic road.
(2)
A written statement of approval of the designation of
the road or portion thereof as a scenic road signed by the owners of a majority
of the lot frontage abutting the road or portion thereof.
(3)
A report providing pertinent information on the road or portion thereof proposed for designation as a scenic road. Said report shall include such facts and other information as are sufficient to satisfy the requirements contained in § 179-3 of this chapter.
(4)
The names and addresses of all owners of lot frontage
abutting the road or portion thereof and the length of the lot frontage of
each owner.
B.
Duties of Assessor. Within 21 days from the date of the
filing of the application, the Assessor of the Town of Brookfield shall prepare
and submit to the Planning Commission a report stating that, based upon information
contained in the Assessor's records, the persons who signed the application
and statement of approval do or do not constitute the owners of a majority
of lot frontage abutting said road or portion thereof. The Assessor shall
also state in said report the total lot frontage abutting said road or portion
thereof and the total lot frontage of the owners who have signed the application
and statement of approval.
C.
Public hearing. The Planning Commission shall hold a
public hearing on said application within 65 days from the date that the application
is filed. Notice of said public hearing shall be given by the Commission in
the same manner as notices of public hearings on resubdivision applications.
In addition, the Planning Commission shall notify all of the lot owners listed
in said application. Said notice shall be sent by regular mail.
D.
The Planning Commission shall act upon the application within 65 days of the conclusion of the public hearing. The Commission shall state in its decision its findings and the reasons therefor with respect to each requirement contained in § 179-3 of this chapter. Notice of the decision shall be published in the same manner as the notice of a decision on an application for resubdivision of land.
A.
The Planning Commission, either on its own initiative or upon an application filed by owners of a majority of the lot frontage abutting the scenic road, may rescind the designation of the road as a scenic road. Prior to rescinding said designation, the Commission shall hold a public hearing thereon. The Commission shall not rescind such designation except upon an affirmative finding that said road no longer satisfies the requirements set forth in § 179-3 of this chapter.
A.
Routine maintenance, repairs and alterations. The following
types of maintenance, repair and alteration of a scenic road may be performed
by the Director of Public Works of the Town of Brookfield without the need
of approval by the Planning Commission:
(2)
Trimming of trees and trimming and removal of shrubs
which is necessary for protection of utility wires and poles.
(3)
Correction of road drainage problems.
(4)
Repaving and repair of existing road surfaces.
(5)
Emergency repairs required to restore the road to a safe
and passable condition for motor vehicles.
B.
Other maintenance, repairs and alterations. Except for the types of work described in the preceding subsection, all repairs, alterations and improvements of a scenic road shall require the prior approval of the Planning Commission. Upon receipt of an application for permission to make said repairs, alterations and improvements, the Planning Commission shall schedule a public hearing concerning said application. Notice of said public hearing shall be given in the same manner as set forth in § 179-4 of this chapter. The Planning Commission shall not grant such approval unless it finds that the work is required in the interest of public safety.
The following activities shall be prohibited within the right-of-way
of a scenic road and upon property which abuts a scenic road:
Any application for designation of a scenic road or portion thereof
as a scenic road and any application for rescission of said designation shall
be accompanied by a filing fee of $150.
