This article is adopted under MGL c. 40, § 15C
(the "Scenic Roads Act") to protect and maintain the scenic beauty,
aesthetic value and historic significance of certain designated scenic
roads in the Town of Amesbury. The administrative procedures and functions
assigned to various City agencies are so assigned pursuant to Section
6-1 of the 1996 Amesbury Home Rule Charter.
For the purposes of this article, these terms
shall have the following meanings:
AMESBURY PLANNING BOARD
The Amesbury Planning Board established by Section 4-4 of
the 1996 Amesbury Home Rule Charter.
CHARTER
The 1996 Amesbury Home Rule Charter, or any successor Charter.
PERSON
Includes any individual, organization, business, corporate
entity or governmental agency involved in any activity prohibited
or restricted by this article.
ROAD
A vehicular-traveled way plus its necessary appurtenances
within the right-of-way, including bridge structures, drainage system,
retaining walls, traffic control devices, and sidewalks, but not intersecting
streets or driveways.
TEARING DOWN OR DESTRUCTION OF STONE WALLS
The tearing down, destruction, burial or relocation of more
than five linear feet of any stone or brick wall, any type of retaining
wall, or any hillside, berm or mound of earth which rises more than
a foot above the existing road grade; provided, however, that this
term shall not be construed to include the repair of such walls or
earthen mounds, and further provided that this term shall not include
the temporary removal, and timely replacement at the same location
with the same materials, of such walls or earthen mounds.
TRAFFIC COMMISSION
The Amesbury Traffic and Transportation Commission or any
successor agency of the City.
In acting on scenic road alteration proposals,
the Traffic Commission shall take into consideration the following:
A. Preservation of natural resources;
B. Environmental and historical values;
C. Scenic and esthetic characteristics;
E. Traffic volume and congestion;
F. Relationship of road design to the standards of the
Amesbury Planning Board's Subdivision Regulations and to the standards
of the Massachusetts Highway Department;
G. Compensatory actions proposed, such as replacement
trees or walls;
H. Functional urgency of the repair, maintenance, reconstruction
or paving;
I. Financial and other consequences of design revision
to avoid or reduce damage to trees or stone walls;
J. Evidence contributed by abutters, City agencies and
other interested parties;
K. Availability of reasonable and less damaging alternatives
to the proposed action; and
L. Any other traffic planning considerations.
This article shall be enforced through noncriminal disposition under the provisions of Chapter
1, Article
I, of this Code by the Building Commissioner and officers of the Amesbury Police Department. Violation of this article shall be punished by a fine of $300, with each day that the violation continues considered a separate offense.
To the extent that any provisions of this article
conflict with any other City ordinance or bylaw, the provisions of
this article shall prevail.