[HISTORY: Adopted 8-30-1999 by the Special Town Meeting
of the Town of Somers, effective 9-20-1999. Amendments noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
Those persons having record title ownership to land which
directly abuts any roadway subject to the provisions of this chapter.
The Planning Commission of the Town of Somers or any other
Commission designated with those powers set forth in Chapter 126 of
the Connecticut General Statutes.
The Town of Somers, a municipal corporation having its territorial
limits within the County of Tolland.
A.ย
The Planning Commission shall have authority to designate
any town road as a scenic road.
B.ย
Such designation shall be made by a majority vote
of the Planning Commission.
C.ย
Prior to the designation of any road as a scenic road,
the Planning Commission shall receive authorization, in writing, approving
such designation from owners of a majority of lot frontage abutting
the highway or portion thereof to be designated as a scenic road.
All such approvals shall be filed in the Town Clerk's office. Any
property along said road, owned by the Town of Somers, shall be included
in the lot frontage calculation. Authorization from the town shall
come from the Board of Selectmen.
D.ย
The Planning Commission shall hold at least one public
hearing before designating any highway as a scenic road.
E.ย
Any highway designated as a scenic road must have
at least two of the following characteristics:
A.ย
Any person wishing to make improvements or alterations
to a scenic road shall make application to do so to the Planning Commission.
For purposes of this section, "improvements or alterations" shall
include, but not be limited to widening the right-of-way or traveled
portion of the roadway, paving the traveled portion of the roadway,
changing the grade of the roadway, altering the path of the roadway
and removing any stone walls or mature trees. Notwithstanding anything
to the contrary, the Town of Somers shall be required to make a similar
application to the Commission in order to make improvements or alterations
to a scenic road. Alterations or improvements shall not include minor
improvements or repairs made by the Town of Somers in order to keep
said scenic road in good, sufficient and passable condition.
B.ย
Prior to approving any alterations, changes or improvements
to a scenic road, the Planning Commission shall hold at least one
public hearing on the application.
All public hearings required under this chapter
shall be held in accordance with Chapter 126 of the Connecticut General
Statutes.
A.ย
The Planning Commission may rescind a scenic road
designation by majority vote after receiving approval, in writing,
from the owners of a majority of lot frontage abutting the scenic
road.
B.ย
The Planning Commission shall hold at least one public
hearing on an application to rescind a scenic road designation.