This chapter shall be known and may be cited as the "Town of Mansfield
Scenic Roads Ordinance."
Pursuant to the provisions of Section 7-149a of the Connecticut General
Statutes, the Town of Mansfield shall provide for the designation of town
roads ("highways") or portions thereof as scenic roads and shall maintain
the scenic nature of highways or portions thereof so designated. To be considered
as a scenic road, the highway or portion of the highway to be designated a
scenic road shall be free of existing or potential (based on the Mansfield
Plan of Development designations for commercial and industrial land uses)
intensive commercial development, shall be free of intensive vehicular traffic
and shall meet at least one of the following criteria:
B. It is bordered by mature trees or stone walls along a
majority of its length.
C. The traveled portion is no more than twenty (20) feet
wide along a majority of its length.
D. It offers scenic views or vistas such that persons other
than residents living on the road routinely walk, drive or ride on this road
to experience said views.
E. It blends naturally into the unique or scenic surrounding
terrain, such as ledge outcrops, steep hills, protected forests, wetland areas,
etc.
F. It parallels or crosses over brooks, streams, lakes or ponds that are regarded as scenic as in Subsection
D above.
The authority to designate a town road ("highway") or any portion of any town road ("highway") as a scenic road pursuant to Section 7-149a of the Connecticut General Statutes is hereby delegated to the Planning and Zoning Commission of the Town of Mansfield. In addition to the criteria cited in §
155-2, the Planning and Zoning Commission shall consider the nature of vehicular and pedestrian traffic and accident history on the subject road and other roads in the vicinity, the Plan of Development roadway classifications for the subject road and other roads in the vicinity and the overall protection of the public's health and safety. Roads designated as collector or local streets in the Plan of Development are eligible for the scenic road designation. All proposed scenic roads shall be referred to the Mansfield Traffic Authority for a report to be received prior to the public hearing provided for in §
155-5A.
Where a town highway or portion thereof is to be considered for designation
as a scenic road, a completed application form (to be available in the Planning
Office) and applicable portions of the Assessor's maps showing the proposed
length of the scenic road and all abutting property owners shall be submitted
to the Planning and Zoning Commission. Said application 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. A public hearing to consider a scenic road designation
shall not be held unless the owners of a majority of the frontage abutting
the designated portion of the highway have indicated their approval of the
scenic road designation.
Any alterations and improvements of a designated scenic road shall be
carried out so as to preserve to the highest degree possible the scenic characteristics
of the highway. Any proposed alteration to a scenic road shall be reviewed
with due regard to the following parameters:
A. A thorough review of alternative solutions to minimize
impacts on scenic characteristics.
B. Speed limits. Scenic values often are correlated with
lower speeds. Speed limits on scenic roads shall be posted and enforced.
C. Curves. Scenic values often 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.
D. Grades. Hills and valleys often are correlated with scenic
values. They shall not be destroyed by cuts and fills unless necessary for
traffic safety.
E. Widths. A narrow road often is correlated with scenic
beauty. Designated highways should not be widened unless necessary for traffic
safety.
F. 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.
G. Vistas. vistas of distant landscapes shall be preserved
by suitable vegetation management techniques.
H. Utility lines. Wherever possible, utility lines should
be put underground. Where they are overhead, the utility corporations should
be encouraged to cooperate by implementing suitable vegetation management
techniques which preserve the wildflowers and the shrubs.
I. Vegetation. Vegetation on the side of the road shall
be managed in such a way as 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.
J. Billboards, sand, gravel and salt piles, refuse disposal
and other unsightly structures or situations shall be forbidden. 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.
This chapter shall be enforced by the Planning and Zoning Commission,
acting through its designated enforcement officials. A violation of this chapter
shall be an infraction for each day that such violation continues, and such
other legal remedies as may be available to the Planning and Zoning Commission.
If enforcement is sought through the courts and judgment is rendered for the
town, the court, in the event of a willful violation, shall award to the town,
as costs, a reasonable attorney's fee.