The scenic values of some rural roads in Easton 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, a significant adverse impact on the quality of the Town's
environment in general and, in particular, on aesthetic and historic
values that are of great but immeasurable benefit to residents and
visitors alike.
As explicitly expressed by Public Act 81-401,[1] 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 article to balance that need
in Easton with the traditional need to provide, in transportation
matters, for common convenience and public safety.
Therefore be it ordained by the Town of Easton that, pursuant to
the authority granted by Public Act 81-401, the Town of Easton provide
for the designation of Town roads ("highways") or portions thereof
as scenic roads, and further in order to maintain the scenic nature
of highways so designated or portions thereof, the Town of Easton
is authorized to regulate, in accordance with this article, the future
alteration or improvement of roads so designated, including but not
limited to widening of the right-of-way or of the travelled portion
of the highway, paving, changes in grade, straightening, removal of
stone walls and removal of mature trees.
The authority to designate a highway or any portion of any highway
as a scenic road is hereby delegated to the Planning and Zoning Commission
of the Town of Easton.
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 Planning
and Zoning Commission must first specifically find that at least one
of the following criteria is met:
No highway or portion thereof may be designated as a scenic road
by the Planning and Zoning Commission pursuant to this article 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 Easton.
The Planning and Zoning Commission on its own initiative may consider
a highway or portion thereof for scenic road designation. Property
owners may petition the Planning and Zoning Commission for a designation
of a highway or portion thereof as a scenic road. The petition shall
state what road or portion of road is requested to be designated as
a scenic road and describe those characteristics of the road which
qualify it for scenic road status, as well as other characteristics
which enhance the scenic character of the road. The petition shall
be signed by the owners of a majority of lot frontage abutting the
road or portion of road in question (such ownership shall be verified
by the Town Assessor), stating that they approve of designating the
road or portion of road a scenic road and indicating, to the best
of their knowledge, their lot frontage along the road or portion of
the road in question. Each signer of the petition shall indicate his
or her address. The petition should also include the names and addresses
of owners of lot frontage abutting the road or portion of road in
question who did not sign the petition. The petition must contain
the name, address and signature of the circulator of the petition,
who must be a resident of Easton. Said petition shall also have a
signed statement by the circulator that the circulator either knows
each individual who signed the petition or that the signer satisfactorily
identified himself or herself to the circulator. An original and one
copy of the petition shall be filed with the Town Clerk, who shall
retain the copy and forward the original to the Planning and Zoning
Commission.
In order to designate a highway or portion thereof a scenic road,
the Planning and Zoning Commission shall first hold a public hearing
regarding the designation of such road as a scenic road. Notice of
the public hearing shall be given by publication in a newspaper of
general circulation in the Town of Easton at least twice in intervals
of not less than two days, the first not more than 15 days nor less
than 10 days and the last not less than two days prior to the date
of such hearing, and by sending a copy thereof by registered or certified
mail to the owners of lots fronting the highway or the portion of
the highway to be designated as a scenic road. The Planning and Zoning
Commission shall act upon the designation within the period of time
permitted under § 8-26d of the Connecticut General Statutes,
as amended. Notice of the decision of the Commission shall be published
in a newspaper having a substantial circulation in the Town of Easton
and addressed by certified mail to the owners of lots fronting on
that highway or portion thereof designated as a scenic road, by its
Secretary or Clerk, under his signature in any written, printed, typewritten
or stamped forms, within 15 days after such decision has been rendered.
Such notice shall be a simple statement that the highway or a portion
thereof was or was not designated as a scenic road by the Planning
and Zoning Commission, together with the date of such action. The
grounds for the designation or nondesignation shall be stated in the
records of the Commission and shall include in as much detail as possible
the special features which make the highway so designated scenic,
or the reasons for denying designation.
The designation of a highway or a portion thereof as a scenic road
may be rescinded by the Planning and Zoning Commission using the above
procedures and provided that the owners of the majority of the lot
frontage abutting the highway or a portion of the highway concur with
such rescission as set forth in this article.
Any person aggrieved by a designation or refusal to designate a highway
or portion of a highway as a scenic road pursuant to this article
or by any alteration or improvement of such highway 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 Connecticut General Statutes § 8-28.
Preservation objective. Routine maintenance and the regulation of
future alterations and improvements of designated highways shall be
carried out so as to preserve to the highest degree possible the scenic
characteristics of the highway which are indicated in the records
of the Planning and Zoning Commission as the basis for the designation.
Hearing and decision responsibility. The alteration or improvement
of a designated scenic road shall be determined by the Board of Selectmen.
Any proposal for alteration or improvement, whether by public or private
applicant, shall be submitted to the Planning and Zoning Commission,
which shall hold a public hearing and submit findings of fact and
a recommendation to the Board of Selectmen. After a vote by the Planning
and Zoning Commission to maintain a designated highway without change,
the Board of Selectmen may overturn that vote only by a unanimous
vote of its own. The determination by the Board of Selectmen shall
be based on the findings of fact of the Planning and Zoning Commission
and shall give important weight to the Commission's recommendation.
Routine road maintenance. Such maintenance shall include removal
of dead and seriously diseased or damaged trees and branches of trees;
trimming of the tree branches that encroach on the travelled portion
of the highway below the height needed to allow school buses and emergency
vehicles to pass; trimming or removal of brush and removal of boulders
or other obstacles that encroach on the travelled portion of the road;
necessary trimming for utility lines; 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; correction of drainage problems without damage to existing stone
walls and mature trees; and graveling, retreatment and repair of existing
roadway surfaces.
Natural disasters. In the case of a natural disaster in which a road
becomes impassable or unsafe for public travel and access must be
provided, emergency repairs may be made as needed.
Standards for alterations. When contemplating alterations to a scenic
road for common convenience and necessity, including, without limitation,
safety reasons for fire and police considerations, the following procedures
shall be followed:
Review of a suitable map and, where deemed necessary by the Planning
and Zoning Commission, of a technical report documenting the cited
hazards and offering alternative solutions.
A decision-making process that not only reviews the specific safety
features but also takes into account the overall impact of the possible
change in a scenic road as well as the public response.
The final decision shall reflect the least damages to the character
of the scenic road. If stone walls or portions thereof must be removed,
they shall be rebuilt along the untraveled portion of the scenic road.
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.
Grades. Hills and valleys are correlated with scenic values.
They shall not be destroyed by cuts and fills unless absolutely essential
for road safety.
Widths. A narrow road is correlated with high scenic beauty.
Designated highways should not be widened unless the amount of traffic,
as determined by a professionally based factual study, demands it.
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 least damage to scenic and other values.
Side slopes. 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.
Utility lines. Wherever possible, utility lines should be put
underground. Where they are overhead the utility corporations should
cooperate by implementing suitable vegetation management techniques
which preserve the wildflowers and the shrubs.
Vegetation. Vegetation on the side of the road shall be managed
in such a way as to preserve wildflowers, shrubs of ornamental wildlife
values, larger trees overarching smaller, isolated trees, as well
as closed forest canopies, all of which have extremely high scenic
values.
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 ensure the continuance of natural relief, desirable
features, and scenic and historic values in the public interest.
Any action under Subsections A, B, C and D shall be taken in a manner which will avoid or reduce adverse effects on the characteristics of the designated highway specified in the decision designating it a scenic road. Any reconstruction of a designated highway shall be done in similar manner with a view to restoring the road to the extent possible to its scenic character at the time of designation.
Paving criteria. Paving of the unpaved travelled portion of a scenic
road shall be permitted only if the owners of a majority of lot frontage
along the unpaved portion of the road indicate their approval of the
paving by signing a written statement agreeing to the paving and filing
it with the Town Clerk.
Nothing in this article shall be deemed to prohibit a person owning
or occupying land abutting the highway or portion thereof designated
as a scenic road by the Planning and Zoning Commission 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
Having access to his property by driveway or subdivision road encroachment
within the rights-of-way, provided that such encroachment is constructed
so as to safeguard the highway's scenic features as recorded
by the Planning and Zoning Commission.
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 the case of a subdivision, to connect a subdivision road with
a designated scenic road.
Violation of this article 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 Commission.