A.
Connecticut General Statutes § 7-149a, enacted in 1981,
states that the protection of scenic and historic resources is essential
to the welfare of the people of Connecticut.
B.
The scenic and rural roads of the Town of Newtown are irreplaceable
resources. The natural landscape and visual quality of a community
provide it with a sense of pride and individuality, setting it apart
from other places. The protection and preservation of these resources
is of immeasurable benefit to the people of the Town of Newtown. It
is the purpose of this chapter to provide a balance between the need
to provide safe and convenient public transportation as well as other
public safety needs along with preserving the scenic and rural values.
The authority to designate Town roads as scenic roads rests
with the Legislative Council. This article does not apply to non-Town-owned
roads, or to state or federal roads.
A.
In order to apply for this designation, a road must be free of intensive
commercial development or an area with intensive vehicular traffic.
It also must meet at least one of the next six criteria:
C.
The owners of a majority of lot frontage and driveway access abutting
the road to be designated must petition for designation of the road
as scenic. This petition must be filed with the Town Clerk. The petitioners
must prove to the Legislative Council that they do in fact constitute
such a majority. Such proof may include information already maintained
by the Town of Newtown, but also may require new information such
as surveys. The total responsibility and expense rests with the owners
filing the petition.
D.
Meeting one of these six criteria is a threshold requirement to be
eligible for scenic road status but does not mean that scenic road
status will automatically or necessarily be conferred by the Legislative
Council. Further, note that only three of the six criteria are totally
objective, and therefore it is possible that the Council may not agree
with the petitioner's contention as to which criteria are met.
E.
The Legislative Council shall consider the petition, application,
comments received at public hearing, and recommendations of Town agencies
in deciding whether to designate a road as scenic. The Council shall
be guided by the best interests of the Town.
A.
Once a petition has been filed with and validated by the Town Clerk,
the petitioning group must provide an application in duplicate to
the Board of Selectmen that includes the following:
(1)
Signatures and addresses of the abutting landowners and landowners
with driveway access abutting the road.
(2)
The name and description of the road.
(3)
A written statement providing and describing facts about the
road.
(4)
A written statement providing those characteristics of the road
that qualify it for scenic road status.
(5)
Pictures of the road.
(6)
The name and address of the circulator of the application, along
with a date of application.
(7)
Written proof (i.e., return receipt) of notification to all
owners of land abutting the road and landowners with driveway access
abutting the road of the intention to designate the road as scenic.
B.
The following procedure shall take place after the application has
been accepted:
(1)
The Board of Selectmen or First Selectman's office shall
notify the Chairman of the Legislative Council and the Chairman of
its Ordinance Committee of the date on which it receives any complete
application, within three business days of that date. The Board of
Selectmen will review any application at one of its next two regular
meetings following the date of submission of the application and will
notify the applicant of the date, time, and place of that meeting.
In addition, within three business days of receiving the application,
the Board of Selectmen or First Selectman's office shall submit
copies of the application and petition to the Conservation Commission,
Planning and Zoning Commission, Police Department and Fire Department
and request it be provided with comments or recommendations from each
on the application within 45 days of receipt. It is not expected that
the applicant make formal presentations to any of these agencies;
rather, each agency should provide any comments or recommendations
based upon its particular area of expertise.
(2)
The Legislative Council shall hold a public hearing, which shall
take place within 65 days from the date the application has been received
by the Board of Selectmen. Legal notice shall be published in a newspaper
having substantial circulation in the Town of Newtown at least 10
days prior to the public hearing.
(3)
The Legislative Council shall render a decision within 45 days
of the hearing. Notice of the decision shall be posted in a newspaper
having substantial circulation in the Town of Newtown. The Legislative
Council is the final authoritative body.
The designation of a Town road or portion of a Town road as
a scenic road may be rescinded by the Legislative Council using the
same procedure required for designation, i.e., written application
by owners of a majority of lot frontage and driveway access abutting
the roadway, proof of majority, notification of proof, reports from
Town agencies, public hearing and Legislative Council vote.
A.
Maintenance, repair and routine alterations of roads designated as
scenic roads pursuant to this article:
(1)
The Town shall maintain the road, or any portion of the road,
in good and sufficient repair and in passable condition within the
requirements of maintaining public safety.
(2)
The Town shall maintain the road, or any portion of the road,
without alteration, to ensure public safety and preserve the highest
degree of scenic characteristics.
(3)
The Town, in the case of a natural disaster, shall repair the
road to its original, pre-emergency condition.
(4)
Routine care and alterations, to be carried out by the Town,
shall include trimming vegetation, removal of dead or diseased trees,
correcting drainage problems, minimal widening so the road does not
exceed 20 feet, plowing, sanding, sweeping and catch basin cleaning.
B.
Nonroutine alterations.
(1)
The Public Works Department must seek advance approval from
the Legislative Council for any nonroutine alterations. The Board
of Selectmen shall review nonroutine alterations to determine if they
are in the best interest of the Town and shall pass on its recommendation
to the Legislative Council. Improvements or nonroutine alterations
such as paving of dirt or gravel roads, widening, change of grade,
straightening, removal of structures or mature trees require approval
of the Legislative Council. Upon receipt of a request by the Public
Works Department to perform nonroutine alterations, the Board of Selectmen
shall notify the owners of land with frontage and driveways abutting
the road that alterations have been proposed and schedule a public
hearing to discuss the alterations. Notification of the hearing also
shall be published in a newspaper having a substantial circulation
in the Town of Newtown. The Council shall grant such approval if it
finds that such alterations are necessary to maintain public safety.
Any work performed shall, to the extent possible, be done in a manner
to ensure the preservation of the original rural and scenic values.
(2)
Insofar as any alterations are performed, they shall be designed
to conform to the following:
(a)
Speed limits shall be low and posted.
(b)
Curves shall be correlated with existing curves and would allow
for a constant unfolding of new and changing views. Curves should
not be eliminated unless unsafe.
(c)
Grades shall be maintained and only changed if absolutely necessary
for safety. The change in grade should not exceed 2°.
(d)
Widths shall be narrow and preserved. Turnouts and wide sections
shall be implemented instead of complete widening to maximize preservation.
(e)
Side slopes shall be preserved. Existing steep slopes and naturally
occurring rock formations are characteristic with scenic roads and
are preferable to extensive removal of soil and rock.
(f)
Vistas shall be preserved and maintained.
(g)
Rock walls shall be preserved.
(h)
Vegetation shall be preserved and managed to preserve the character.
Overhanging or overarching trees are characteristic of scenic roads.
(i)
Nonscenic uses and structures, such as billboards and other
unsightly visions, shall be prohibited.
A.
Nothing in this article shall be deemed to prohibit a person owning
or occupying land abutting or owners with driveway access abutting
a scenic road from maintaining or repairing the land which abuts the
scenic road if the repair or maintenance occurs on the land not within
the right-of-way, paved or unpaved, of the scenic road.
B.
Nothing in this article shall be deemed to prohibit a person owning
land abutting a scenic road from improving his or her land or gaining
access to his or her property in accordance with all other Town regulations
and ordinances.
