[HISTORY: Adopted by the Town of Ridgefield 4-13-1994 (Ch. 13, Art.
VI of the 1974 Code). Amendments noted where applicable.]
A.
The scenic and rural roads of the Town of Ridgefield
are irreplaceable resources. The scenic values of some rural roads
in Ridgefield have been destroyed or are in danger of destruction
because of past or potential alterations to their rights-of-way. Such
alterations have had, and could continue to have, an adverse impact
on the quality of Ridgefield's aesthetic and historical environment
that is of great benefit to residents and visitors alike.
B.
Connecticut General Statutes § 7-149a found
that the preservation and protection of the scenic or historic values
of rural roads are essential to the welfare of the people of Connecticut.
It is the purpose of this chapter to balance the need to provide for
convenient and safe public transportation routes with the need to
preserve these scenic and rural values.
C.
Pursuant to the authority granted by C.G.S. § 7-149a,
the Town of Ridgefield shall provide for the designation of certain
Town highways or portions thereof within its borders as scenic roads.
The authority to designate a Town road, or any
portion of a Town road, as a scenic road is hereby delegated to the
Board of Selectmen of the Town of Ridgefield in accordance with the
provisions of C.G.S. § 7-149a(b).
[Amended 2-28-1996]
No road or portion thereof shall be designated
as a scenic road unless the Board of Selectmen 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 has no commercially zoned land.
C.
The Director of Public Services has filed a report
which includes the road's condition for travel by the motoring public,
any repairs or improvements to accommodate existing traffic volume,
projected traffic volume that is anticipated over the next five years,
and public works plans for the road for the next five years.
[Amended 3-17-2010]
D.
The entire road has been offered for dedication, or,
if only a portion has been offered, that portion measures at least
1/2 mile in length.
E.
The road possesses at least three 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 or an inhabited building constructed
prior to 1800.
(3)
It affords vistas of marshes, shoreline, forests with
mature trees or notable geologic or other natural features.
(4)
It is unpaved.
(5)
The majority is bordered by mature trees of at least
12 inches in caliper or rare species or stone walls.
(6)
Its traveled portion is no more than 20 feet in width.
(7)
It parallels or crosses either brooks, streams, lakes
or ponds.
(8)
Vehicular traffic count is fewer that 500 cars per
day.
(9)
The combination of features possessed by the road
makes it distinct from other roads in the Town of Ridgefield.
[Amended 1-27-1999]
A.
Application. An application for designation of a Town
road or a portion of a Town road as a scenic road may be initiated
by the Planning and Zoning Commission or the Board of Selectmen or
initiated by and signed by the owners of a majority of the lot frontage
abutting the road or a portion thereof. Any application will be submitted
to the Board of Selectmen and, simultaneously, certified copies of
said application shall be filed with the Town Clerk and the Assessor.
Said application shall contain the following information:
[Amended 3-17-2010]
(1)
The name of the road and a description, including
a photo representative of the portion of the 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 § 292-3.
(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 the Assessor. Within 30 days from the date
that the Assessor is notified of the filing of the application, the
Assessor shall prepare and submit to the Board of Selectmen a report
stating that, based upon information contained in the Assessor's records,
the persons who signed the application and statement of approval either
do or do not constitute the owners of a majority of the 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.
Recommendation of Planning and Zoning Commission.
The Board of Selectmen shall refer the application to the Planning
and Zoning Commission for a recommendation. The Board of Selectmen
may not designate a road as scenic without the approval of the Planning
and Zoning Commission.
[Amended 3-17-2010]
D.
Public hearing. The Board of Selectmen 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 Board of Selectmen by legal notice in the Ridgefield
Press. In addition, the Board of Selectmen shall notify, by regular
mail, all of the lot owners listed in said application of the public
hearing.
E.
Decision. The Board of Selectmen shall act upon the application within 65 days of the conclusion of the public hearing. For reasonable cause, the Selectmen may extend this time period for an additional 180 days. The Board of Selectmen shall state in its decision its findings and the reasons therefor with respect to each requirement contained in § 292-3. Notice of the decision shall be published in a legal notice in the Ridgefield Press.
F.
Statement of approval. Within 30 days of publication,
the owners of a majority of lot frontage abutting the scenic road
acted upon by the Selectmen shall agree to said designation by filing
a written statement of approval with the Town Clerk, which approval
shall become a record of the Town in such manner as the Town Clerk
shall deem appropriate.
[Amended 3-17-2010]
G.
Rights of landowners.
(1)
Nothing in this chapter shall be deemed to prohibit
a person owning or occupying land abutting the scenic road from maintaining
and repairing the land which abuts the 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 a driveway or
subdivision road by encroachment within the rights-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.
(2)
Nothing herein shall prohibit a landowner from permanently
removing a portion of a stone wall in order to construct or improve
a driveway or, in case of a subdivision, to connect a subdivision
road with a designated scenic road, but these activities must be consistent
with these guidelines and subject to Planning and Zoning Commission
approval.
H.
This chapter shall apply only to accepted Town roads.
The Board of Selectmen, 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 in the same manner as it may designate a scenic road, as set forth in § 292-4. The Board shall not rescind such designation except upon an affirmative finding that said road no longer satisfies the requirements as set forth in § 292-3.
A.
Preservation objective. The Town shall maintain its
scenic roads in good and sufficient repair and in passable condition,
pursuant to its regular schedule for maintenance of Town roads. Routine
maintenance and alterations and reconstruction of a scenic road shall
be carried out so as to preserve to the highest degree possible its
scenic and rural characteristics, compatible with safe road operations.
B.
Emergency repairs. If a scenic road becomes impassable
or unsafe for public travel, emergency repairs may be made to the
extent needed to restore the scenic road to its pre-emergency condition.
C.
Routine maintenance, repairs and alterations. Pursuant
to a plan of maintenance submitted to the Planning and Zoning Commission,
the following types of maintenance and repairs of a scenic road shall
be authorized by the Director of Public Services:
[Amended 3-17-2010]
(1)
Trimming of trees, grass cutting and removal of brush
and other material which either encroaches upon the traveled portion
of the road or obstructs the sight lines which are required by the
provisions of the Town Road Ordinance.[1]
(2)
Trimming of trees and trimming and removal of shrubs
which are necessary for protection of utility wires and poles.
(3)
Removal of dead or diseased trees, as determined by
Town Tree Warden.
(4)
Correction of road drainage problems and maintenance
of existing drainage structures.
(5)
Repaving or repair of existing road surfaces, including
repair of curbing, shoulders and guardrails.
D.
Other alterations. Except for the types of work described in the preceding subsection, any alterations or improvements to a scenic road shall require the approval of the Board of Selectmen. Upon receipt of an application to make alterations or improvements, the Board of Selectmen shall forward said application to the Planning and Zoning Commission for review and comment prior to scheduling a public hearing concerning the application. Notice of the public hearing shall be given in the same manner as set forth in § 292-4. The Board of Selectmen shall grant such approval if it finds that the work is required in the interest of public safety and the work shall be performed so as to maintain or enhance the road's scenic character.
[Amended 3-17-2010]
A.
The following shall be prohibited within the right-of-way
of a scenic road: brush piles, dirt piles, garbage and trash, except
that refuse containers may be placed next to the traveled portion
of the road on the day designated for refuse removal by a refuse removal
company.
B.
All signs shall conform to the standards of § 305.01
of the Ridgefield Zoning Regulations.
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 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.
Violation of this chapter shall be subject to
a fine not to exceed $100 per day for each day that the violation
continues.
[Amended 3-17-2010]
The applicant shall submit with any application
for designation of a scenic road, or portion thereof as a scenic road,
and any application for recision of said designation, a filing fee
set by the Board of Selectmen to cover costs of public notice.
