[HISTORY: Adopted by the Town of East Haddam 8-23-1994. Amendments
noted where applicable.]
The purpose of this chapter is to help preserve the natural
beauty, character and condition of the Town of East Haddam's rural
roads from the destruction of their scenic values caused by unnecessary
alterations. In general, highways or portions of highways designated
as "scenic roads" should remain as they are.
Pursuant to the provisions of § 7-149a of the Connecticut
General Statutes (Public Act 81-401), the Planning and Zoning Commission
of the Town of East Haddam may designate Town highways or portions
thereof as scenic roads. No state highway or portion thereof may be
designated as a scenic road under this chapter.
A.
To be eligible for designation as a scenic road, a highway or portion
thereof must be free of intensive commercial development and intensive
vehicle traffic and must meet at least two of the following additional
criteria:
B.
No highway or portion thereof may be designated as a scenic road
by the Planning and Zoning Commission pursuant to this chapter, regardless
of where the application originates, unless the owners of the majority
of lot frontage, as listed in the Town of East Haddam Assessor's records,
abutting said highway or portion thereof agree to such designation
by filing a written statement or statements of approval with the Town
Clerk of the Town of East Haddam, who shall promptly transmit a copy
thereof to the Planning and Zoning Commission.
C.
The Planning and Zoning Commission may on its own initiative submit
an application for designating a highway or portion thereof as a scenic
road hereunder. Alternatively, any property owner who owns land within
the Town may apply to the Planning and Zoning Commission for designation
of a highway or portion thereof as a scenic road. Such application shall include
a specific description of said highway or portion thereof to be considered
for designation along with a statement of the reasons why designation
should be granted and shall be submitted to the Town Clerk and accompanied
by a list of the names and addresses of the owners of all lot frontage
abutting the highway or portion thereof to be designated. The Town
Clerk will first review the application, including the names and addresses
of owners, for accuracy and completeness and then promptly submit
the entire application to the Planning and Zoning Commission for action.
Following verification of the application by the Town Clerk, the applicant
shall notify by certified mail all owners of lot frontage along such
highway or portion thereof of such application. The Planning and Zoning
Commission will hold a public hearing on the application. Hearing
notices and deadlines therefor shall be in accordance with the terms
of §§ 8-26d and 8-26e of the Connecticut General Statutes.
(1)
The Planning and Zoning Commission shall notify the Board of Selectmen,
Board of Fire Commissioners, East Haddam Police Department, Inland
Wetlands and Watercourses Commission, the Historic District Commission
and the Superintendent of Public Highways for the purpose of review
and comment. Each agency shall submit its recommendation to the Planning
and Zoning Commission within 60 days of receipt of its copy of the
application. If such a report is not received from any agency, it
shall be presumed that such agency approves the scenic road designation
as described in the application.
(2)
Following the receipt of the agency reports and public hearings,
the Planning and Zoning Commission shall vote on the proposed designation
pursuant to the procedures set forth in the Connecticut General Statutes
and pursuant to the designation procedure set forth in § 7-149a
of the Connecticut General Statutes. The Planning and Zoning Commission
shall vote on each scenic road application in accordance with the
terms of § 8-26d of the Connecticut General Statutes. If
such vote is in the affirmative, the Planning and Zoning Commission
shall set an effective date and notify the owners abutting said highway
or portion thereof that has been designated as a scenic road.
A.
Any person aggrieved by a designation of a highway or portion of
a highway as a scenic road by the Planning and Zoning Commission may
appeal such designation in the manner and using the same standards
of review provided for appeals from the decisions of the Planning
and Zoning Commission under § 8-8 of the Connecticut General
Statutes.
B.
The scenic road designation may be rescinded by the Planning and
Zoning Commission by two-thirds vote of the entire Commission, provided
that the consent of the owners of the majority of lot frontage abutting
said highway or portion thereof shall be necessary before such rescission
can be effective.
A.
In general, it is the intent of this chapter that no road which has
been designated as a scenic road be altered or improved except for
good cause as determined by the Planning and Zoning Commission. However,
scenic roads will not be subject to:
B.
If any of the above-listed alterations are proposed, they shall be
permitted only if the owners of the majority of lot frontage abutting
the scenic road indicate their approval by signing a written statement
agreeing to the alterations and filing it with the Town Clerk.
C.
A scenic road under this chapter shall be maintained by the Town
of East Haddam in good and sufficient repair and in passable condition.
It is understood, however, that road repairs and safety improvements
will not, insofar as practicable, alter the scenic quality of the
road. Minor repairs and routine road maintenance can be done at the
discretion of the Superintendent of Highways.
D.
Major repairs which might require widening of the right-of-way (but
in no case beyond 20 feet or the legal boundaries) or improved drainage
will require a public hearing by the Planning and Zoning Commission
and a vote of approval by 2/3 of the full Commission before the major
repairs can begin.
E.
Nothing in this chapter shall be construed to prevent emergency repairs
as needed in the event of a natural disaster in which a scenic road
becomes impassable or unsafe for public travel. These repairs will
be done in a manner that maintains the scenic characteristics of the
road as much as practicable. Similarly, to the extent that reconstruction
is required, the road shall be restored as nearly as practicable to
its scenic character at the time of designation.
F.
This chapter does not prohibit a person owning or occupying land
abutting a scenic road from maintaining and repairing land and/or
driveways which abut the scenic road; provided, however, the maintenance
and/or repair occurs on land not within the right-of-way, paved or
unpaved, of the scenic road.
This chapter shall be enforced by the Planning and Zoning Commission
acting through its designated enforcement representatives. Violation
of this chapter shall be subject to such sanctions, legal and equitable,
as are allowable under state law.
