[Ord. 9/20/79 § 1; Ord. No. 93-3 § 1]
No persons, firm or corporation shall excavate within or under,
or place any obstruction or substruction within, under, upon or over,
or interfere with construction, reconstruction or maintenance or drainage
from any highway or street maintained by the Town without the written
permission of the First Selectman. The First Selectman may fill in
or close any such excavation or remove or alter any obstruction or
substruction made without his permission, and the expense incurred
by the First Selectman in such filling or removing or altering shall
be paid by the person, firm or corporation who made such excavation
or place such obstruction or substruction existing within, under,
upon or over any highway or street on October 1, 1979, or at the discretion
of said First Selectman, any excavation, obstruction or substruction
made after that date without a permit or in violation of the provisions
of a permit shall be removed or altered by the person, firm or corporation
making or maintaining the same within 30 days from the date when the
First Selectman sends by registered or certified mail, postage repaid,
a notice to such person, firm or corporation ordering such removal
or alteration. Any person, firm or corporation violating any provision
of this section shall be fined not more than $100.00 each day the
violation exists.
[Ord. No. 93-3 § 2]
None of the provisions of this section shall apply to the grading,
improvements and utilities and services in connection with any approved
subdivision plan; provided that, the subdivider has filed with the
First Selectman a surety company bond or cash bond or savings account
assignment securing to the Town the actual construction and installation
of such improvements and utilities as required in the subdivision
and resubdivision regulations of the Town.
[Ord. No. 93-3 § 3]
a.
Pavement Cuts. Cuts in pavement will be made along straight, neat
lines with a saw made for such purposes.
b.
Color Coded Marking Tape. A color coded marking tape shall be placed
at least 18 inches and not greater than 2 1/2 feet below final
grade above all underground utility installations except sewers and
drains running in straight lines between surface catch basins, manholes,
or posts identifying the underground installation. Tape shall be durable
non-degradable plastic, not less that two inches wide by 0.004 inches
thick and in the following colors for the particular underground utility:
Blue - Water, Red - Electric Cable, Yellow - Gas, Orange - Telephone,
Green - Sewer.
c.
Backfill of Trenches. Backfill in trenches within the roadway limits
and paved areas shall be placed in layers not more than 12 inches
thick and shall be thoroughly compacted by tamping or other approved
means to the satisfaction of the First Selectman or his designated
agent.
d.
Temporary Trench Patch. Upon completion of trench backfill and temporary
pavement, the permittee will be required to maintain the temporary
patch for at least a 12 month period. During this period the permittee
shall inspect the trench at such regular intervals as may be necessary
to maintain the trench in satisfactory condition. The temporary patch
shall be a minimum of 1 1/2 inch thick hot mix asphalt. Cold mix asphalt
may only be used when hot mix is not available and upon approval of
the First Selectman or his designated agent.
e.
Permanent Trench Patch. At the end of the 12 month maintenance period,
or as soon thereafter as weather conditions permit and hot mix is
available, the permittee shall be required to replace the temporary
pavement unless otherwise instructed by the First Selectman or his
designated agent. A neat, straight saw cut shall be made at least
two feet outside of the temporary trench patch and the material removed
to a depth of six inches. Three inches of processed gravel shall be
placed and thoroughly compacted upon which two courses of hot mix
asphalt each 1.5 inches thick shall be placed. Prior to paving the
saw cut joint shall be painted with an acceptable tack coat material.
After the final pavement has been placed and compacted, the joints
will be sealed with a hot bituminous asphalt sealer approved by the
First Selectman.
f.
Other Restoration. All other items damaged by the permittee shall
be restored in accordance with the requirements of the First Selectman.
These items include, but are not limited to, curbing, lawns, driveways,
pavement markings, and signs. Pavement markings shall be replaced
with like material.
[Ord. No. 93-3 § 4]
a.
New Streets. No excavation shall be permitted in new or reconstructed
streets for a period of five years after the wearing surface is placed
on such street. When, in the opinion of the First Selectman, it becomes
necessary to excavate in such streets due to emergency or other reason,
the entire width of the street within the limits of excavation shall
be overlayed with 1.5 inches of hot mix asphalt. In addition the permittee
shall comply with the other applicable requirements of the Connecticut
General Statutes.
b.
Old Streets. No excavation shall be permitted in streets that have
been overlayed with hot or cold mix asphalt, or treated with a sealcoat
for a period of two years after such overlay or treatment. When, in
the opinion of the First Selectman, it becomes necessary to excavate
in such streets due to emergency or other reason, the entire width
of the street within the limits of excavation shall be resurfaced
with a like treatment or other process satisfactory to the First Selectman.
In addition the permittee shall comply with the other applicable requirements
of the Connecticut General Statutes.
[Ord. 3/24/88]
[Ord. 9/8/93 § 1]
[Ord. 2/21/89 § 2]
Notwithstanding the provisions of Section 13a-149 of the General
Statutes or any other General Statute or Special Act, the Town of
Brooklyn shall not be liable to any person injured in person or property
caused by the presence of ice or snow on a public sidewalk, other
than land used as a highway or street, provided the Town of Brooklyn
shall be liable for its affirmative acts with respect to such sidewalk.
[Ord. 2/21/89 § 3]
a.
The owner or person in possession and control of land abutting a
public sidewalk shall have the same duty of care with respect of the
presence of ice or snow on the sidewalk toward the portion of the
sidewalk abutting his property as the municipality has prior to the
effective date of this section[1] adopted pursuant to the provisions of C.G.S. 7-163a and
shall be liable to persons injured in person or property where a breach
of duty is the proximate cause of an injury.
[1]
Editor's Note: This ordinance was approved on February
21, 1989 and published on September 8, 1993.
b.
No action to recover damages for injury to the person or to property
caused by the presence of ice or snow on a public sidewalk against
a person who owns or is in possession and control of land abutting
a public sidewalk shall be brought but within two years from the date
when the injury is first sustained.
[Ord. 9/20/79 §§ 1,2]
a.
No person, firm or corporation shall construct a new driveway or
relocate an existing driveway leading onto a Town road without first
obtaining a written permit from the First Selectman of the Town of
Brooklyn. In determining the advisability of issuing such permit,
the First Selectman shall include in his consideration, the location
of the driveway with respect to its effect on highway drainage, highway
safety, the width and character of the highway affected, the density
of traffic thereon, and the character of such traffic.
b.
The person to whom such permit is issued shall comply with the provisions
and restrictions contained therein at his own expense.
[Ord. 9/20/79 §§ 3,4]
a.
Failure of any person constructing or locating such new driveway
to first obtain such a permit shall constitute a violation of the
ordinance. Each day such driveway is permitted or suffered to remain
shall constitute a separate violation. In addition, the First Selectman
shall have the right of injunctive relief against such violator or
violators.
b.
Any person, firm or corporation violating any provisions of this
section shall be fined not more than $25.00.
[Ord. 9/20/79 § 5]
Any person who is aggrieved by the decision of the First Selectman
shall have the right of appeal to the Board of Selectmen.
[Ord. No. 04-3 § I]
This section shall be known as the Scenic Road Regulations of
the Town of Brooklyn, and is adopted pursuant to recommendations made
by the 1999 Plan of Conservation and Development and the 1993 Open
Space and Conservation Plan. The purpose of the section, which is
consistent with resident surveys consistently ranking protection of
Brooklyn's rural character as a top priority, is to help protect
Brooklyn's rural character and scenic beauty by allowing the
Town a measure of protection of the areas along its rural roadways,
consistent with the requirements of safe travel. This section is designed
to enable the preservation of stone walls, mature street trees and
other specimen trees, as well as the rural scale of roads, view sheds
and other valued features. The section is intended to apply to any
accepted Town roadway whether designated as a "road" or "highway"
or equivalent term.
[Ord. No. 04-3 § II]
The authority to designate a Town road or highway or any portion
thereof as a Scenic Road is hereby delegated to the Planning and Zoning
Commission, with the procedures for such designation as set forth
in this section. No State highway or portion thereof may be designated
as a Scenic Road under this section.
[Ord. No. 04-3 § III]
a.
Application Requirements. Any Town resident or property owner may
apply to the Planning and Zoning Commission for designation of any
Town highway or portion thereof as a Scenic Road. Such an application
on a form to be prescribed by the Commission, shall include the following:
1.
The name, address and telephone number of the applicant, who may
be a person or other legal entity, including corporations and partnerships.
2.
The name of the highway and the total length of the portion to be
designated a Scenic Road.
3.
A brief description of the highway and a statement as to how the highway or portion thereof meets the designation criteria specified in subsection 13-5.4, below.
4.
A map showing lot boundaries, the amount of lot frontage, and the
names of all owners of record of each lot located along any portion
of the Town highway to be designated as a Scenic Road.
5.
A statement or statements of approval of the proposed Scenic Road
designation, signed by the owners of the majority of lot frontage
abutting the portion of the highway proposed for such designation.
Each such statement shall also contain the name, address and the amount
of relevant lot frontage of each signing owner.
6.
A copy of each such application, including the statements of signing
owners described in the preceding paragraph, shall also be filed in
the Office of the Town Clerk.
7.
An application fee of $50.00.
b.
Rescission Procedures. Any person desiring to rescind a designation
of a town highway as a Scenic Road shall make application for rescission
on a form prescribed by the Planning and Zoning Commission. Such application
shall include the following:
1.
The name, address and telephone number of the applicant, who may
be a person or other legal entity, including corporations and partnerships.
2.
The name of the highway and the total length of the portion previously
designated as a Scenic Road to now be rescinded.
3.
A brief description of the highway and a statement as to how the highway or portion thereof no longer meets the designation criteria specified in subsection 13-5.4, below.
4.
A map showing lot boundaries, the amount of lot frontage, and the
names of all owners of record of each lot located along any portion
of the town highway to be designated as a Scenic Road.
5.
A statement or statements of approval of the proposed rescission
of Scenic Road designation, signed by the owners of the majority of
lot frontage abutting the portion of the designated highway. Each
such statement shall also contain the name, address and the amount
of relevant lot frontage of each signing owner.
6.
A copy of each such application, including the statements of signing
owners described in the preceding paragraph, shall also be filed in
the Office of the Town Clerk.
7.
An application fee of $50.00.
c.
Referral to Conservation Commission. All applications for designation
of Scenic Roads, or rescission of Scenic Roads, shall be referred
by the Planning and Zoning Commission to the Conservation Commission
for its recommendation prior to public hearing.
d.
Hearings, Notice and Decision.
1.
When the Planning Commission receives an application for designation
or rescission of a Scenic Road, it shall conduct a public hearing
on the proposal. The notice of and deadlines for such hearing shall
be in accordance with the provisions of Section 8-26d and 8-26e of
the Connecticut General Statutes. The Planning and Zoning Commission
shall send notice of such public hearing to the Board of Selectmen,
the Director of the Highway Department, and the Tree Warden. The applicant
shall mail copies of the notice by certified mail, return receipt
requested, to each owner of property having frontage on the portion
of the Town highway proposed for designation as a Scenic Road. Such
mailings shall be made at least 15 days before the date of the hearing.
The applicant must submit proof of such mailing to the Commission
at or before commencement of the public hearing.
2.
The Commission shall make its decision on the application within
35 days after the close of the public hearing. The Commission may
approve the application as submitted or may designate a lesser portion
of the highway as a Scenic Road. If the Commission fails to act upon
the application within the time frame set forth in this subsection,
the application shall be denied in its entirety. In such case, the
applicant shall be allowed to resubmit an application effective immediately,
with no additional filing fee. If an application is denied by vote
of the Commission, no Scenic Road application involving the same highway
or portion of highway may be submitted for a period of one year from
the date of publication of the denial.
3.
The Commission shall publish a notice of any decision it renders
on an application in a newspaper of general circulation in the Town
of Brooklyn no later than 15 days after the date of the decision.
If the Commission approves the application, it shall notify the Board
of Selectmen, Director of the Highway Department, Conservation Commission,
Inland Wetlands Commission, and the Tree Warden of the designation
within 15 days after the date of the decision, specifying the scenic
characteristics warranting protection. The failure to send such notice
shall not affect the validity of the designation.
4.
Following the public hearing, the Planning and Zoning Commission
shall vote on the proposed designation. The designation shall become
effective upon such date as the Planning and Zoning Commission may
establish.
e.
Appeal of Designation or Rescission. Any person or party aggrieved
by a designation or rescission of designation of a highway or portion
of a highway as a Scenic Road pursuant to this section may appeal
in the manner and utilizing the same standards of review provided
for appeals from the decisions of Planning and Zoning Commissions
under Section 8-8 of the Connecticut General Statutes.
[Ord. No. 04-3 § IV]
a.
In evaluating an application for designation or rescission of a designation
of Scenic Road, the Planning and Zoning Commission must find that
such highway or portion of a highway is free of intensive commercial
development and intensive vehicular traffic, and furthermore meets
at least one of the following criteria:
1.
The road is unpaved;
2.
The road is bordered by mature trees or stone walls;
3.
The travel portion of the road is no more than 20 feet wide;
4.
The road offers scenic views;
5.
The road blends naturally into the surrounding terrain; or
6.
The road parallels or crosses over brooks, streams, lakes or ponds.
b.
The Commission is not bound to find multiple criteria in order to
designate a road as a Scenic Road, and may base its designation upon
the criteria as it, in its discretion, determines is appropriate.
The Commission may consider the recommendation of the Conservation
Commission as part of its deliberative process, but is not bound to
accept the recommendation of the Conservation Commission.
[Ord. No. 04-3 § V]
a.
No road which has been designated as a Scenic Road under this section
shall be altered or improved, including but not limited to, widening
the travel portion of the road, paving, changes of grade, removal
of stone bridges, road straightening, removal of stone walls, and
removal of mature trees, except for good cause as determined by the
Planning and Zoning Commission. Prior to the Planning and Zoning Commission
approving any alteration or improvement of a road designated as a
Scenic Road under this section, the Planning and Zoning Commission
shall schedule a public hearing on the proposed alteration or improvement.
The Planning and Zoning Commission shall notify the Selectmen, the
Director of the Highway Department, and owners of lot frontage abutting
the highway or portions of the highway designated as a Scenic Road
of the proposed alteration and improvement and scheduled public hearing.
Hearing notices and deadlines shall be in accordance with the provisions
of Sections 8-26d and 8-26e of the Connecticut General Statutes. Following
the public hearing, the Planning and Zoning Commission shall vote
on the proposed alterations and improvements and shall state the reasons
for any such approved alterations or improvements in the Planning
and Zoning Commission's minutes.
b.
The Town of Brooklyn shall maintain any highway or portion of any
highway designated as a Scenic Road in good and sufficient repair
and in passable condition. Nothing in this section shall prohibit
a person who owns or occupies land abutting a Scenic Road from maintaining
and repairing the land that abuts the Scenic Road if the maintenance
or repair occurs on land not within the paved or unpaved right-of-way
of the Scenic Road.
c.
In maintaining roads in good repair, the Town shall conduct routine
maintenance in a manner to protect and maintain scenic qualities to
the extent feasible. "Routine maintenance" shall include:
1.
Winter road maintenance;
2.
Road cleaning;
3.
Removal of dead, seriously diseased or damaged trees and branches
that pose a threat to safety in accordance with Section 23-59 of the
Connecticut General Statutes; pruning to allow school buses and emergency
vehicles to pass; removing of brush, rocks and other obstacles to
travel or obstructions to sight lines; cutting for utility lines in
accordance with Section 16-234 of the Connecticut General Statutes;
and trimming and removal of brush to enhance and protect scenic views,
stone walls, street trees, and other scenic features as set forth
in its designation as a Scenic Road;
4.
The repair of road drainage systems including, but not limited to,
the removal of shrubs, trees, silt, and other material, and the replacement
of culverts, catch basins and related infrastructure;
5.
Repaving, repair or retreatment of paved surfaces not requiring widening
of the traveled way, the removal of trees or stone walls, or grade
change;
6.
Graveling and grading to smooth the surface of unpaved roads, provided
that the nature and characteristics of the material used remain the
same or the surface is restored using materials such as crushed stone,
native stone or an equivalent; and
7.
Installation of reflectors and warning, speed limit and other signs
in the interest of safety, provided they are kept to the minimum necessary
to adequately serve their purpose.
d.
The Planning and Zoning Commission may propose alternatives to alterations
affecting the right-of-way of any Scenic Road in order to preserve
historic stone walls, trees, views, and other features. This may include
but is not limited to driveway entrance placement and treatment, guard
post placement, removal of trees and vegetation for highway and utility
maintenance, and drainage improvements. Use of materials that complement
and blend in with scenic features of the highway are recommended,
including, but not limited to, stone and timber in the construction
and repair of bridges, guard rails and other structures.
[Ord. 6/28/89]
a.
It is hereby found that rapid growth and development within the Town
of Brooklyn are placing unprecedented strain upon Town roads and appurtenant
drainage systems, culverts, and catch-basins.
b.
To alleviate that siltation, and as empowered by Section 7-148(c)
of the General Statutes, and the Board of Selectmen are herby authorized
to develop such regulations as they may deem appropriate to carry
out the following purposes:
1.
To provide the proper alignment, width, and grades and pavements
of existing Town roads serving as a right-of-way to any proposed such-division,
to ensure that such existing Town roads remain safe and continue to
conform to the plan of development of the Town;
2.
To provide adequate and sufficient storm drainage systems for carrying
off increased storm drainage created by any proposed subdivision and
associated access road improvements, whether such additional drainage
would impact upon existing Town improvements or private lands;
3.
To provide that adequate and sufficient culverts, manholes, and catch-basins
be installed to carry run-off water from the road surface and to divert
road water from the proposed subdivision beneath or around existing
roads without causing significant increases in erosion or sedimentation.
c.
Compliance with the regulations adopted by the Board of Selectmen
shall be a condition precedent to any application for subdivision
of property within the Town of Brooklyn. Failure to comply shall be
adequate cause for denial of any such application.
[Ord. No. 04-4]
2.3.8 Driveways:
All driveway construction shall conform to the Standard Details
(See figures 4 and 5). Driveways shall be paved with a minimum thickness
of two inches of bituminous concrete for at least 20 feet from the
road or such as is required by the Board or its designated agent.
All driveways that contain slopes of 10% or greater shall be paved
for that length. No driveway shall have a slope greater than 12%.
Driveway approaches shall be constructed so that they match
the grade at the gutter line of the road. A landing area equal to
one car length (20 feet) and no greater than 3% slope shall be constructed
adjacent to the Town road to facilitate sight line distance exiting
the driveway.
In some instances an as-built plan may be required to ensure
compliance with this regulation.
Prior to commencement of any driveway construction an application
shall be approved and the Board's designated agent shall be notified
at least 48 hours in advance.
