[Adopted by the Town Council 10-11-2005 by Ord. No.
74]
This article shall be known and may be cited
as the "Town of Tolland Scenic Road Ordinance."
The scenic and rural roads of Tolland are irreplaceable
resources. It is the purpose of this article to balance the need to
provide for convenient and safe public transportation routes with
the need to preserve these scenic and rural roads. Therefore, pursuant
to the provisions of Section 7-149a of the Connecticut General Statutes,
the Planning and Zoning Commission of the Town of Tolland 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.
A.
To be considered as a scenic road, the road or portion
of the road to be designated a scenic road shall be free of existing
or potential (based on the Tolland 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:
(1)
It is unpaved.
(2)
It is bordered by mature tree(s) or stone walls along
a majority of its length.
(3)
The traveled portion is no more than 20 feet wide
along a majority of its length.
(4)
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.
(5)
It blends naturally into the unique or scenic surrounding
terrain, such as ledge outcrops, steep hills, protected forests, wetlands,
etc.
B.
In addition to these criteria, 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 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 collector, residential or neighborhood roads
in the subdivision regulations[1] are eligible for the scenic road designation.
The Planning and Zoning Commission shall consider
a road for designation as a scenic road upon receipt of a request
for designation. A public hearing to consider a scenic road designation
shall not be held and no road shall be designated as a scenic road
by the Planning and Zoning Commission unless a request for designation
has been filed with the Commission on a form prescribed by it, containing
the following information:
A.
The name of the road proposed to be designated as
a scenic road and a general description of the road or portion of
it to be designated, which includes the total frontage of the road
section proposed, and the names and addresses of all abutting property
owners (based on the current Assessor's records) with the frontage
of each property abutting the proposed length of scenic road. This
information shall be shown on applicable portions of the Assessor's
maps or a map with a minimum scale of one inch = 200 feet.
B.
A written description identifying those characteristics
of the road which qualify it for scenic road status, including, as
a minimum, but not limited to criteria set forth in this article.
C.
A copy of a statement of approval signed by the owners
of a majority of lot frontage abutting the proposed scenic road, stating
that they consent to its designation as a scenic road. The statement
of approval shall include their names and addresses and the measured
lot frontage along the proposed scenic road.
D.
Hearing and decision.
(1)
The Planning and Zoning Commission shall hold a public
hearing on the proposal in accordance with hearing notice and deadline
provisions of Section 8-7d of the Connecticut General Statutes. The
Planning and Zoning Commission shall have the right to conduct joint
hearings on scenic road proposals. Notification of the public hearing
shall be sent to the Town Council, Conservation Commission, Director
of Public Works and the owners of lot frontage abutting the portion
of the road which is proposed to be designated as a scenic road.
(2)
Following the public hearing, the Planning and Zoning
Commission shall vote on the proposed designation pursuant to the
procedures set out in Section 8-7d of the Connecticut General Statutes.
The designation shall become effective upon such date as the Planning
and Zoning Commission shall establish. Any or all of the proposed
length of highway may be designated as a scenic road, except that
no road or portion thereof may be so designated as a scenic road unless,
in accordance with Section 7-149a of the Connecticut General Statutes,
the owners of a majority of the frontage abutting that designated
portion of the highway agree to the designation by filing a written
statement of approval with the Town Clerk of the Town of Tolland on
or before the date on which the designation is to become effective.
E.
The scenic road designation may be rescinded by the
Planning and Zoning Commission using these procedures; also necessary
is the written concurrence of the owners of a majority of the road
frontage abutting the portion of the highway whose designation as
scenic road is to be rescinded.
F.
Any person aggrieved by a designation of or refusal
to designate a highway or portion of a highway as a scenic road by
the Planning and Zoning Commission pursuant to this article may appeal
such designation in the manner and utilizing the same standards of
review provided for appeals from the decisions of the Planning and
Zoning Commission under Section 8-8, of the Connecticut General Statutes.
Any person, corporation, and/or Town agency
may petition the Planning and Zoning Commission to alter or improve
a scenic road designated under this article.
A.
Any person, corporation, and/or Town agency may petition
the Planning and Zoning Commission to alter or improve a scenic road
designated under this article.
B.
Preservation objective. The Town shall maintain its
scenic roads in good and sufficient repair and in a safe, passable
condition, pursuant to its regular schedule for maintenance of Town
roads. Routine maintenance, alteration and reconstruction of a scenic
road shall be carried out so as to preserve the highest degree possible
of its scenic and rural characteristics, compatible with safe road
operations. In the case of natural disaster in which a scenic road
becomes impassible or unsafe for public travel, emergency repairs
may be made only to the extent needed to restore the scenic road to
its pre-emergency condition.
C.
Any highway which has been designated as a scenic road under this article may be altered or improved, including, but not limited to, widening of the right-of-way or traveled portion of the highway, paving, changing the grade, removal of the stone walls, ledge or boulders, installation of drainage facilities, straightening or removal of vegetation, including mature trees, provided the Planning and Zoning Commission determines that said alterations or improvements are necessary to protect and promote public safety. No alteration or improvement shall be approved by the Planning and Zoning Commission until potential alternative solutions have been considered thoroughly. Any alterations or improvements authorized by this section shall be the minimum necessary to address safety issues and any approved alteration or improvement shall be designed to minimize impacts on the scenic characteristics of the subject scenic road. Any alteration or improvement to a scenic road shall not be approved unless a public hearing has been held on the request in accordance with the provisions of § 130-10D above.
D.
Routine road maintenance. Emergency, routine and minor
maintenance on any highway which has been designated as a scenic road
under this article shall be continued by the Town. Such work shall
include the removal of dead, diseased, damaged or dangerous trees,
and branches of trees; trimming of the tree branches that encroach
on the traveled portion of the highway below the height needed to
allow school buses, emergency vehicles and Town road maintenance vehicles
to pass; trimming or removal of brush and removal of boulders or other
obstacles that encroach on the traveled portion of the road; necessary
trimming of brush to enhance and protect scenic views, stone walls
and mature trees; correction of drainage problems; stripling, graveling,
filling, retreatment, including, but not limited to, overlay paving
and chip sealing repair of existing roadway surfaces; grading; snowplowing;
sanding, and emergency repairs to said road in the case of a natural
disaster making it impassable or unsafe for public travel.
E.
Stone wall relocations and reconstructions, the planting
of new trees, shrubs or flowers, the installation of underground utilities
and other mitigating measures may be required by the Planning and
Zoning Commission in conjunction with its authorization of alterations
or improvements to scenic roads in conjunction with the approval of
a new driveway, a new road or other land use development that is accessed
by the subject scenic road.
F.
Scenic highway designations shall in no way interfere
with normal agricultural operations as determined by the Connecticut
Commissioner of Agriculture.
A.
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:
(1)
A thorough review of alternative solutions to minimize
impacts on scenic characteristics.
(2)
Speed limits. Scenic values often are correlated with
lower speeds. Speed limits on scenic roads shall be posted and enforced.
(3)
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.
(4)
Grades. Hills and valleys often are correlated with
scenic values. They shall not be destroyed by cuts and fills unless
necessary for traffic safety.
(5)
Widths. A narrow road often is correlated with scenic
beauty. Designated highways should not be widened unless necessary
for traffic safety.
(6)
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.
(7)
Vistas. Vistas of distant landscapes shall be preserved
by suitable vegetation management techniques.
(8)
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.
(9)
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.
(10)
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 insure the continuance of natural relief,
desirable features, and scenic and historic values in the public interest.
B.
The Planning and Zoning Commission shall not grant
an application for alteration or reconstruction of a scenic road to
accommodate a proposed subdivision or other development of land to
which a scenic road will provide access unless the Commission determines
that such alteration or reconstruction will not have a material adverse
effect on the characteristics of the scenic road which formed the
basis for its designation as scenic road.
C.
Rights of landowners. Nothing in this article shall
be deemed to prohibit a person from owning or occupying land abutting
a scenic road from maintaining and repairing land which abuts the
scenic road so designated, if the maintenance is on land not within
the right-of-way, paved or unpaved, of the scenic road or from having
access to his or her property by driveway or subdivision road by encroachment
within the right-of-way, provided that such encroachment is constructed
so as to safeguard the basis for a scenic road as recorded by the
Planning and Zoning Commission.
This article shall be enforced by the Planning
and Zoning Commission, acting through its designated enforcement official(s).
Violation of this Ordinance shall be subject to a fine not to exceed
$100.00 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.
