[Adopted 12-10-1992 (Ch. 9, Art. III, of the Town Code)]
A. 
The Planning Commission of the Town of Woodbury shall have the power to designate a Town highway as a scenic road on its own motion or with proper application subject to the provisions of § 210-13 of this article.
B. 
Only those highways which are free of intensive commercial development and intensive vehicular traffic and which meet at least one of the (following) criteria listed below shall be considered by the Planning Commission for designation as scenic road:
(1) 
It is unpaved;
(2) 
It is bordered by mature trees or stone walls;
(3) 
The travelled portion is no more than 20 feet in width;
(4) 
It offers scenic views;
(5) 
It blends naturally into the surrounding terrain; or
(6) 
It parallels or crosses over brooks, streams, lakes or ponds.
C. 
The Planning Commission's consideration shall be based on the vistas, existence of historic structures on abutting properties, forests with mature trees, notable geologic or other natural features. No state highway or portion thereof may be designated as a scenic road under this article. Any portion of a Town highway designated as a scenic road must be at least one-half mile in length.
No highway or portion of a highway may be designated a scenic road unless the owners of a majority of lot frontage abutting the highway or portion of the highway agree to the designation by signing a written statement of approval which shall be filed with the Town Clerk at the time an application is made.
An application, in the form of a letter, must be submitted to the Planning Commission and shall include: the name of the highway; its location; a description of those characteristics of the highway which qualify it for scenic road status; a copy of the written statement of approval agreeing to such designation from the owners of a majority of the lot frontage abutting such highway or portion thereof; and the signatures and addresses of said property owners.
Upon verification of the validity of the petition by the Town Clerk, the Planning Commission shall schedule a public hearing and make a decision on the proposal in accordance with the procedures of C.G.S. §§ 8-26 and 8-26d. In addition, the Planning Commission shall notify the Board of Selectmen and the Director of Public Works that such a petition has been filed. Upon filing, no alterations or improvements may be made upon the subject highway or portion thereof except as provided for in § 210-18 of this article, pending the decision of the Planning Commission.
The Planning Commission shall designate the date at which the designation of a scenic road shall become effective. The scenic road designation may be rescinded by the Planning Commission using the same procedure and having the written concurrence of the owners of a majority of lot frontage abutting the highway or portion of the highway.
Any person aggrieved by the designation of a highway or portion of the highway as a scenic road by the Planning Commission may appeal such designation in the manner provided for appeals from the decisions of Planning Commissions under C.G.S. § 8-28.
A. 
After a highway or portion thereof has been designated as a scenic road it shall be maintained by the Town in good and sufficient repair and in passable condition. No material changes shall be made in the width of the travelled portion, the alignment, the grade or the elevation of the road, or the type of roadway surface, the location of stone walls, or mature tree configuration or the installation or replacement of guard rails without the approval of the Planning Commission.
B. 
Routine road maintenance may be performed by the Town without the approval of the Planning Commission. Routine road maintenance shall include: correction of drainage problems; retreatment and repair of existing road surfaces; the removal of dead trees or branches; trimming of tree branches encroaching on the travelled portion of the road below the height needed for passage of school buses and emergency vehicles and to preserve sight lines; trimming of tree branches encroaching on 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 its description.
C. 
Nothing in this section shall be deemed to prohibit a person owning or occupying land abutting a scenic road from maintaining and repairing the land which abuts the scenic road if the maintenance or repair occurs on land not within the right-of-way, paved or unpaved, of the scenic road.