[HISTORY: Adopted by the Representative Town Meeting of the Town
of Fairfield 5-22-1989. Amendments noted where applicable.]
GENERAL REFERENCES
Streets and sidewalks — See Ch. 91.
The following general provisions shall apply in the interpretation and
application of this chapter:
A.
Legislative finding. It is hereby found that there exist,
and may in the future exist, within the Town of Fairfield, roads, highways
or portions of highways that should be designated as "scenic roads."
B.
Purpose. It is hereby declared that the purpose of this
chapter is to protect, preserve and promote the current quality of Town roads
while concomitantly providing for common convenience and safety along the
public way.
A.
The designation of a road, highway or portion of a highway
by the Town Plan and Zoning Commission, as designated in Section 7-149a of
the Connecticut General Statutes, shall meet at least one of the following
criteria:
As enabled by this chapter and Section 7-149a of the Connecticut General
Statutes, the Town Plan and Zoning Commission may designate highways or portions
of highways as scenic roads, subject to the following procedures:
A.
Written statement of approval. A written statement of
approval shall be submitted to the Town Plan and Zoning Commission and the
Town Clerk and shall include a statement of intent requesting scenic road
designation, a map showing what highway or portion of highway the scenic designation
is requested for and indicating all abutting property owners and addresses
and a certified petition form as prescribed by the Town Plan and Zoning Commission,
signed by the owners of a majority of lot frontage abutting the highway or
portion of the highway to be designated scenic.
B.
Public hearing. The Town Plan and Zoning Commission shall
hold a public hearing within 65 days after receipt of a written statement
of approval as described above. Notice of a public hearing to be held by the
Town Plan and Zoning Commission shall be published in a newspaper having substantial
circulation in the Town at least twice at intervals of not less than two days,
the first not more than 15 nor less than 10 days and the last not less than
two days before the public hearing. Within 65 days after the public hearing,
the Commission shall approve or disapprove the designation. The failure of
the Commission to act within 65 days after the public hearing shall be considered
as an approval. The petitioner may consent in writing, to any extension of
time for the public hearing and action on the request.
A.
Designation. The Town Plan and Zoning Commission, after
the public hearing, may approve the scenic road designation if it finds that
the requested designation conforms to the standards outlined in the Fairfield
Town ordinances and Section 7-149a of the Connecticut General Statutes.
B.
Other. The Town Plan and Zoning Commission actions are
subject to all other requirements and procedures stated in the Town Code of
Ordinances and Section 7-149a of the Connecticut General Statutes. In particular,
the Town or its Town Plan and Zoning Commission may regulate future alterations
and improvements on such designated scenic roads, including but not limited
to widening of the right-of-way or of the traveled portion of the highway,
paving changes of grade, straightening, removal of stone walls and
removal of mature trees.
A.
No state highway or portion thereof may be designated
as a scenic road under the provisions of this chapter.
B.
No Town road or highway or portion thereof may be designated
as a scenic road if:
(1)
It contains any condition posing an unreasonable risk
to the safety of travelers thereon;
(2)
It contains any condition which burdens unreasonably
the capacity of ambulances, fire trucks, police cars or other emergency vehicles
to respond to emergencies or to carry out other duties in the Town; or
(3)
It contains any condition which burdens unreasonably
the capacity of police officers to enforce the law or to carry out other duties
in the Town.
Any person aggrieved by an official action or decision of the Town Plan
and Zoning Commission, including a decision to take no action, or any person
owning land which abuts or is within a radius of 100 feet of any portion of
the land involved in any decision of the Commission may appeal therefrom,
within 15 days from the date when notice of such action or decision was so
published in a local newspaper, to the Superior Court for the Judicial District
of Fairfield at Bridgeport. In those situations where an approval of the Commission
must be inferred because of the failure of the Commission to act on any application,
any person aggrieved by such approval or any person owning land which abuts
or is within a radius of 100 feet of any portion of the land involved in such
approval may appeal therefrom within 20 days after the expiration of the period.
Nothing contained within this chapter shall abridge the legal authority
of any board, commission or agency of the Town of Fairfield to make, publish,
adopt, repeal, change or amend its rules, regulations or bylaws in accordance
with law.
