[Ord. of 12-14-1998, § 1]
The scenic and rural roads of New Milford are cherished and
irreplaceable resources essential to the preservation of New Milford's
rural heritage. The scenic values of some rural roads in New Milford
have been destroyed or are in danger of destruction because of past
or potential alterations to their right-of-way. Such alterations have
had, and could continue to have, an adverse impact on the quality
of New Milford's aesthetic and historic environment, an environment
that is of great benefit to residents and visitors alike. Connecticut
General Statutes Section 7-149a found that the preservation and protection
of the scenic or historic values of rural roads is essential to the
welfare of the people of Connecticut. It is the purpose of this chapter
to balance the need to preserve the scenic and rural values of these
roads with the need to keep them in good and sufficient repair and
passable condition.
[Ord. of 7-6-1988, § 1; Ord. of 12-14-1998, § 2]
Pursuant to the authority granted by Connecticut General Statutes
Section 7-149a, the Town of New Milford shall provide for the designation
of certain town highways or portions thereof within its borders as
scenic roads.
[Ord. of 7-6-1988, § I; Ord. of 12-14-1998, § 3]
The Town Council shall be authorized to designate by ordinance
a highway or any portion of any highway as a scenic road.
[Ord. of 7-6-1988, § II; Ord. of 12-14-1998, § 5]
(a) No highway or portion of a highway shall be designated as a scenic
road if the abutting property contains intensive commercial development
or if the highway itself has intensive vehicular traffic. Prior to
designating a highway or portion thereof as a scenic road, the Town
Council shall first specifically find that the highway or portion
of highway to be designated is at least 1/2 mile in length or that
the entire length of the highway is less than 1/2 mile in length and
at least one end of the highway abuts a highway already designated
as scenic; or a highway already designated as scenic intersects the
highway proposed for designation. The Town Council shall also find
that at least one of the following criteria is met:
(2)
The highway is bordered by mature trees or stone walls;
(3)
The traveled portion of the highway is no more than 20 feet
in width;
(4)
The highway offers scenic views;
(5)
The highway blends naturally into the surrounding terrain; or
(6)
the highway parallels or crosses over brooks, streams, lakes
or ponds.
[Ord. of 7-6-1988; Ord. of 12-14-1998, § 4; Ord.
No. 3-8-1999]
(b) No highway or portion thereof may be designated as a scenic road by the Town Council pursuant to this chapter unless the owners of the majority of the lot frontage abutting the highway or portion thereof agree to the designation of the highway as a scenic road by filing a written statement of approval with the Town Clerk of the Town of New Milford, which statement of approval shall meet the requirements of §
17A-5 of this chapter.
[Ord. of 7-6-1988]
The designation of a highway or a portion thereof as a scenic
road may be rescinded by the Town Council by ordinance, using the
same of the above procedures as was used for the designation, and
provided that the owners of the majority of the lot frontage abutting
the highway or a portion of the highway concur with such recission
as set forth in this chapter. No designation of a highway or portion
of a highway as a scenic road may be rescinded and no petition or
request for such rescission may be filed for at least two years after
the effective date of the ordinance so designating such a highway
or portion thereof as a scenic road. No designation of a highway or
portion of a highway as a scenic road may be rescinded unless the
highway or portion thereof to be rescinded is at least 1/2 mile in
length.
[Ord. of 7-6-1988, § V; Ord. of 12-14-1998]
(a) Preservation objective. The town shall maintain
its scenic roads in good and sufficient repair and in passable condition.
Routine maintenance and the regulation of future alterations and improvements
of designated highways shall be carried out so to preserve to the
highest degree possible the scenic characteristics of the highway
which are indicated in the records of the Town Council as the basis
for its designation as a scenic road.
(b) Definition of routine road maintenance. Such maintenance shall include removal of dead and seriously diseased or damaged trees and branches of trees and trimming of the tree branches that encroach on the traveled portion of the highway below the height needed to allow school buses and emergency vehicles to pass. The scope of tree maintenance shall be determined by the Tree Warden in accordance with the requirements of Chapter 451 of the Connecticut General Statutes and when routine maintenance to the road or right-of-way are deemed necessary, the highest level of care should be taken to minimize root damage to trees bordering the road. Routine maintenance shall also include winter maintenance and street cleaning; trimming or removal of brush; removal of boulders or other obstacles that encroach on the traveled portion of the road or are proximate to the traveled portion and constitute a safety hazard; necessary trimming for utility lines in accordance with Section 16-234 of the Connecticut General Statutes; trimming of brush to enhance and protect scenic views, stone walls, mature trees and other characteristics of the scenic road set forth in the decision designating it a scenic road; and repair of existing bridges, guide posts, guardrails and other engineered structures with like materials or new materials, whichever are most complementary to the scenic character of the road. Routine maintenance shall also include correction of drainage problems and gravelling retreatment and repair of existing roadway surfaces that does not result in widening. Any maintenance activity not listed above shall be considered an alteration or improvement and is subject to the terms of subsections
(e),
(f) and
(g) of this section.
(c) Procedure for routine road maintenance. Routine
road maintenance shall not require approval of the Town Council, except
that the Mayor shall be notified of contemplated routine maintenance
to a scenic road at least one week before it is scheduled to commence.
The Director of Public Works shall monitor routine road maintenance
for compliance to this chapter.
[Ord. of 12-14-1998]
(d) Natural disasters. In the case of a natural disaster
in which a road becomes impassable or a danger to public travel and
access must be provided, emergency repairs may be made as needed to
restore the highway or portion of highway to its preemergency condition.
[Ord. of 7-6-1988; Ord. of 12-14-1988]
(e) Definition of alterations or improvements. As used herein, the term "alteration and improvement" to a scenic road shall include widening of the right-of-way or of the traveled portion of the highway, paving of unpaved surfaces and all other changes in the characteristics of the material used on the roadway surface, changes of grade, straightening, removal of stone walls, removal of mature trees, new construction of bridges, guide posts, guard rails and other engineered structures and all other improvements except routine maintenance as defined in Subsection
(b) of this section.
[Ord. of 7-6-1988; Ord. of 12-14-1998]
(f) Alteration or improvement procedure. The alteration
or improvement of a designated scenic road shall be determined by
the Town Council. Any proposal for alteration or improvement, whether
by public or private applicant, shall be submitted to the Town Council,
along with a suitable map showing, in detail, the proposed alteration
or improvement. At its next regularly scheduled meeting after submission
of the proposal, the Town Council shall refer the proposal to the
Planning Commission, and the Mayor, with the approval of the Council,
shall, pursuant to Charter, appoint a committee to advise the Town
Council on the alterations or improvements being proposed and any
alternative solutions. The Advisory Committee shall consist of six
electors of the town and shall include a member of the Town Council,
a member of the Planning Commission, The Director of Public Works
or his designee, the Town Director of Community Planning and Economic
Development or, if that position is not filled or if he or she is
not an elector of the town, such other member duly appointed, and
two representatives of existing landowners along the scenic road.
The Mayor shall, by giving reasonable written notice to all existing
landowners along the scenic road, call and chair a meeting of the
landowners at which the landowners present shall select their two
representatives. The landowners shall have one vote per frontage lot.
In the event that this process does not result in the selection of
two representatives, the Mayor, with the approval of the Town Council,
shall duly appoint two committee members. The Advisory Committee shall
comply with all applicable legal requirements, including the requirements
of Sections 1-18a, through 1-21i of the Connecticut General Statutes.
The Planning Commission and the Advisory Committee shall submit findings
of fact and a recommendation, in writing, to the Town Council within
35 days after the submission of the proposal to it by the Town Council.
Within 35 days after receiving the Planning Commission's and the Advisory
Committee's reports, the Town Council shall hold a public hearing
on the application. The Town Council shall consider the Planning Commission's
and the Advisory Committee's findings of fact and recommendations
in making its determination, provided that the Town Council shall
approve an alteration or improvement which the Planning Commission
recommended disapproving only upon a two-thirds vote of the Town Council.
Final action on the application shall be taken within 45 days after
the public hearing held by the Town Council.
[Ord. of 7-6-1988; Ord. of 12-14-1998]
(g) Standards for alteration. No alteration or improvements
to a scenic road or portion thereof (other than routine maintenance)
shall be made unless the Town Council determines that such alterations
are necessary to maintain the road in good and sufficient repair and
in passable condition. Any decision by the Town Council to alter or
improve a scenic road shall reflect the least possible damage to the
scenic character of the highway, and no alteration or improvement
shall be approved until potential alternative solutions, including,
but not limited to, those stated below have been thoroughly considered
. If alteration or improvements to a scenic road are required, then
they shall conform to the following:
(1)
Speed limits. Scenic values are correlated with lower speeds,
and alterations shall not be made in such a manner as to unnecessarily
encourage increased speed. The speed limit recommended by the town
for unpaved scenic roads shall be 15 mph and shall be clearly posted
on a standard yellow and black diamond-shaped advisory sign at each
end of the road or portion of the road.
(2)
Curves. Scenic values are correlated with the existence of curves,
which allow a constant unfolding of new and changing views. Curves
shall not be eliminated until they are found to be a definite hazard
within the concept of the specific road.
(3)
Grades. Hills and valleys are correlated with scenic values.
They shall not be destroyed by cuts and fills unless absolutely essential
to keep the road in good and sufficient repair and passable condition.
(4)
Widths. A narrow road is correlated with high scenic beauty.
Designated highways should never be widened unless the amount of traffic,
as determined by a factual study commissioned by the Town of New Milford,
demands it to keep the the road in good and sufficient repair and
passable condition. For some rural roads, the amount of traffic that
can be handled can be greatly increased by wide bypasses and turnouts
constructed at intervals where they do the least damage to scenic
and other values; such bypasses and turnouts shall be implemented
whenever possible.
(5)
Side slopes. Whenever possible side slopes should not be disturbed.
Existing steepness of side slopes 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.
(6)
Vistas. Vistas of distant landscapes are associated with scenic
beauty and shall be preserved by suitable vegetation management techniques
along the scenic road right-of-way.
(7)
Utility lines. Whenever possible, utility lines shall be put
underground. Where such lines are overhead, the utility corporations
shall cooperate in accordance with Section 16-234 of the Connecticut
General Statutes by using suitable vegetation management techniques
which preserve as much as possible the tree canopy, wild flowers and
shrubs.
(8)
Vegetation. Vegetation on the side of the road shall be managed
in such a way to preserve wild flowers, permissible shrubs of ornamental
and wildlife values and trees. Overarching isolated trees and the
canopy of a closed forest can have extremely high scenic value and
should be preserved whenever possible. When alterations or improvements
to the road or right-of-way are deemed necessary, the highest level
of care should be taken to minimize root damage to trees bordering
the road.
(9)
Stone walls. If stone walls or portions thereof must be removed,
they shall be rebuilt along the untraveled portion of the road and
restored to match their original appearance to the extent reasonable
and practical.
(10)
Nonscenic activities and structures on town-owned right-of-way.
Nonscenic activities and structures, such as billboards, sand, gravel
and salt piles, refuse disposal and other unsightly situations, shall
be forbidden.
(11)
Materials. When alterations or improvements to the surface of
the road other than paving are deemed necessary, any material added
to the road or right-of-way surface shall be consistent with the existing
road surface material. When bridges, guide posts, guard rails or other
engineered structures are found to be needed or replaced, materials
that blend into or complement the scenic characteristics of the road,
including but not limited to stone and timber, shall be used.
(12)
Curbs and curb or road cuts. Hard curbs and frequent curb or
road cuts are not associated with the scenic qualities of rural country
roads. Whenever possible hard curbs shall be restricted to drainage
areas and the number of curb or road cuts shall be minimized.
(13)
Continuity. 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.
[Ord. of 7-6-1988; Ord. of 12-14-1998]
(h) Paving criteria. No scenic road may be paved unless the Town Council passes a resolution to the effect that there is no reasonable alternative to the improvement or alteration of the road other than paving. Such resolution shall be based upon certification by the Town Engineer (Public Works Director) or a licensed civil engineer retained by the Town Council that there is no reasonable alternative to the improvement or alteration of the road other than paving and that the alteration or improvement by paving is necessary to maintain the road in good and sufficient repair and passable condition for travel. Any paving of a scenic road in accordance with this subsection or any work to be done in connection with such paving shall not commence before 60 days after the date of the resolution of the Town Council in accordance with the provisions of this subsection. Before any alteration or improvement may be made to a road pursuant to this subsection, all other requirements and procedures of §
17A-6 of this chapter must be complied with.
[Ord. of 7-6-1988; Ord. of 12-14-1998]
(i) Rights of landowners abutting scenic road. Nothing
in this chapter shall be deemed to prohibit a person owning or occupying
land abutting the highway or portion thereof designated as a scenic
road from maintaining and repairing the land which abuts the road
so designated if the maintenance occurs 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 rights-of-way, provided such encroachment is constructed so as
to safeguard the highway's scenic features as recorded by the Town
Council. Nothing herein shall prohibit a landowner from permanently
removing a portion of a stone wall or mature trees within the town
right-of-way in order to construct or improve a driveway or, in the
case of a subdivision, to connect a subdivision road with a designated
scenic road, provided that the material removed is limited to that
area needed for driveway or subdivision road access. In the case of
subdivision roads, consideration shall be given to all feasible and
prudent alternative locations for the connection of a new road to
a scenic road to select a location that would have the least potential
detrimental impact on the scenic road and alternative routes for the
new road that could connect the new road to other existing roads in
order to minimize or eliminate any potential detrimental impact on
one or more scenic roads.
[Ord. of 7-6-1988, § VI; ;Ord. of 12-14-1998]
All highways or portions thereof which have been designated
by ordinance as scenic roads prior to the effective date of this chapter
shall remain as scenic roads, provided that such scenic roads shall
be governed hereafter by the provisions of this chapter. Except as
otherwise provided in this section, the Scenic Roads Ordinance adopted
by the Board of Selectmen on September 28, 1987, and all amendments
thereto adopted prior to this chapter, are hereby repealed and of
no further force or effect.
[Ord. of 7-6-1988; Ord. of 12-14-1998]
(a) This chapter is a statement of public policy of the Town of New Milford
and applies to the conduct of town employees and commissions as well
as those who own property abutting the scenic roads.
(b) This chapter shall be enforced by the Zoning Enforcement Officer.
(c) Violation of this chapter shall be subject to a fine not exceeding
$100 per day for each day the violation continues and such other legal
remedies as may be available to the town.
[Ord. of 10-26-2003]
The following highways or portions thereof have been designated
as scenic roads by ordinance and are governed by the provisions of
this chapter:
(1) Barker Road from its intersection with West Meetinghouse Road to
its intersection with Squires Hill Road, a distance of approximately
5,800 feet.
[Ord. of 9-28-1987]
(2) Buck's Rock Road from the northern end of the paved portion (CL&P/SNET
pole No. 1474) to its northern termination at Merryall Road.
[Ord. of 9-28-1987]
(3) Burnett Road from its intersection with Cherniske Road to the Kent,
Connecticut town line, a distance of approximately 4,400 feet.
[Ord. of 9-28-1987]
(4) Cherniske Road from its intersection with Squires Hill Road and Barker
Road to its intersection with Sawyer Hill Road and New Preston Hill
Road, a distance of approximately 10,200 feet.
[Ord. of 9-28-1987]
(5) Crossmon Road between Buckingham Road and Upland Road.
[Ord. of 3-23-1998]
(6) Front of the Mountain Road from its intersection with Brown's Forge
Road to its intersection with Long Mountain Road, a distance of approximately
3,940 feet.
[Ord. of 9-28-1987]
(7) Hine Road from its intersection with West Meetinghouse Road to the
termination of the presently paved portion (CL&P/SNET pole No.
3266), a distance of approximately 6,510 feet.
[Ord. of 9-28-1987]
(8) Indian Trail Road from the western boundary of the property now or
formerly of Arthur and Karen Hormler, identified as Lot 13 on Map
No. 118 in the Tax Assessor's office in the town of New Milford and
described in Volume 319, page 288, of the land records in the office
of the Town Clerk of New Milford (later amended to eastern boundary),
to its intersection with West Meetinghouse Road, a distance of approximately
4,400 feet.
[Ord. of 9-28-1987; Ord. of 12-14-1987]
(9) Judd's Bridge Road from its intersection with Mine Hill Road for
a distance of approximately 3,700 feet toward the Roxbury, Connecticut
border.
[Ord. of 9-28-1987, Ord. of 12-14-1987]
(10)
Lillis Road from its intersection with Second Hill Road opposite
Reservoir Road to its other intersection with Second Hill Road to
the east of the first mentioned intersection, a distance of approximately
4,699 feet.
[Ord. of 4-11-1988]
(11)
Legion Road from its intersection with Lillis Road to the paved
portion of Legion Road, a distance of approximately 3,115 feet.
[Ord. of 4-11-1988]
(12)
Long Mountain Road from its intersection with South Kent Road
to the property line between land now or formerly of Marianne Meyer
and Joseph Levine and now or formerly of Storm Haven Farm, a distance
of approximately 8,000 feet.
[Ord. of 9-28-1987]
(13)
Long Mountain Road, beginning at the CL&P Power Easement
crossing Long Mountain Road, on the easterly side of the road at the
southerly border of Map No. 55, Lot No. 44, and on the westerly side
of the road at the southerly border of Map No. 55, Lot No. 43 for
a length of three miles to the northerly end of the road where it
joins with that section of Long Mountain Road which previously received
scenic preservation designation.
[Ord. of 8-10-1998]
(14)
Mine Road from its intersection with Barker Road to its intersection
with North Road, a distance of approximately 1,900 feet.
[Ord. of 9-28-1987]
(15)
Mud Pond Road from its intersection with Long Mountain Road
to the Kent, Connecticut border, a distance of approximately 6,600
feet.
[Ord. of 9-28-1987]
(16)
North Road from its intersection with Barker Road to its intersection
with Chapel Hill and Tamarack Roads, a distance of approximately 6,260
feet.
[Ord. of 9-28-1987]
(17)
Old Mill Road from its intersection with Upland Road to its
intersection with Wheaton Road, a distance of approximately 4,225
feet.
[Ord. of 12-14-1987]
(18)
Old Stilson Hill Road, also known as "Old Sherman Road," from
Route 37 to its intersection with Stilson Hill Road.
[Ord. of 12-14-1987]
(19)
Rooster Tail Hollow Road (formerly Bennett Road) from its intersection
with River Road to its intersection with Long Mountain Road, a distance
of approximately 6,000 feet.
[Ord. of 9-28-1987]
(20)
Stilson Hill Road from Route 37 to its intersection with Gaylord
Road.
[Ord. of 12-14-1987]
(21)
West Meetinghouse Road from its intersection with Barker Road
to the Kent, Connecticut town line.
[Ord. of 11-27-1989]
(22)
Crossman Road, that runs between Buckingham Road and Upland
Road.
[Ord. of 3-23-1998]
(23)
Old Stone Road, from its intersection with South Kent Road,
on the easterly side of the road at the westerly boundary of the Richard
A. and Anna T. Cote property, and on the westerly side of the road
at the easterly border of the Stephen A. and Barbara Dull property,
for a length of 0.75 mile; to that northerly point of the road where
Old Stone Road meets the northeasterly corner of the Allan Lokos and
Susanna Weiss property, and the northwesterly corner of the Barry
and Ann Marcus property.
[Ord. of 11-30-1998]
(24)
Sand Pit Road, from its intersection with Litchfield Road (a/k/a
Route 202) through to its intersection with Upland Road.
[Ord. of 5-24-1999]
(25)
Newton Road, from its intersection with Gaylord Road, for a
length of .50 mile; to the intersection of Webatuck Road.
[Ord. of 7-24-2000]
(26)
Hartwell Road, beginning at the boundary between the properties
of Patterson (Tax Map 45, Lot 1) and Bailey (Tax Map 44, Lot 76) on
the northerly side of the highway continuing easterly for approximately
.7 mile to the New Milford/Washington Town line.
[Ord. of 6-10-2002]
(27)
Candlewood Lake Road South beginning at the intersection with
Carmen Hill No. 1 and Sullivan Road and south ending at the Brookfield
Town line, for a length of 2.53 miles.