[Adopted 8-31-1989]
Connecticut General Statutes § 7-149a found that 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 the need to provide convenient
and safe public transportation routes with the need to preserve these
scenic and rural values.
Pursuant to the provisions of § 7-149a of the Connecticut
General Statutes, P.A. 81-401, the Planning and Zoning Commission
may designate Town highways or portions of highways as scenic roads.
No state highway or portion thereof may be designated as a scenic
road under this article.
The Planning and Zoning Commission shall consider designating
as a scenic road only those Town roads which are free of intensive
commercial development and intensive vehicular traffic and which meet
at least one of the following criteria:
A.
When a highway is to be considered for designation as a scenic road,
the Planning and Zoning Commission shall schedule a public hearing
on the proposal. Hearing notices and deadlines will be in accordance
with the provisions of §§ 8-26d and 8-26e of the Connecticut
General Statutes. The Planning and Zoning Commission shall notify
the Selectmen, the Director of Public Works, and owners of lot frontage
abutting the highway or portion of a highway of the proposed designation
and scheduled public hearing.
[Amended 6-7-2021]
B.
Following the public hearing, the Planning and Zoning Commission
shall vote on the proposed designation. No highway or portion of a
highway may be designated as a scenic road under this section unless
the owners of a majority of lot frontage abutting a highway or a portion
of the highway agreed to the designation by filing a written statement
of approval with the Town Clerk of the Town of Ashford. The designation
shall become effective upon such date as the Planning and Zoning Commission
may establish.
C.
The scenic road designation may be rescinded by the Planning and
Zoning Commission using the same procedures and having the written
concurrence of the owners of a majority of lot frontage abutting the
highway.
D.
Any person aggrieved by the designation of a highway or a portion
of a highway as a scenic road pursuant to this section by the Planning
and Zoning Commission may appeal such designation in the manner and
utilizing the same standards of review provided for appeals from the
decisions of planning and zoning commissions under § 8-28
of the Connecticut General Statutes.
A.
No road which has been designated as a scenic road under this article
shall be altered or improved, including but not limited to widening
of the right-of-way or of the travel portion of the road, paving,
changes of grade, removal of stone bridges, straightening, removal
of stone walls, and removal of mature trees, except for good cause
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 article, 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 Public Works, and owners of
lot frontage abutting the highway or portion 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 §§ 8-26d and 8-26e of the Connecticut
General Statutes. Following the public hearing, the Planning and Zoning
Commission shall vote on the proposed future alterations and improvements
and shall state the reasons for any such approved alterations or improvements
in the Planning and Zoning Commission's minutes.
[Amended 6-7-2021]
B.
Any highway or portion of any highway designated as a scenic road
shall be maintained by the Town of Ashford in good and sufficient
repair and in passable condition. Such maintenance shall include trimming
of the tree branches that encroach on the portion of the highway below
the height needed to allow emergency vehicles to pass; trimming or
removal of brush and removal of boulders or other obstacles that encroach
on the portion of the highway; 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; correction
of drainage problems; and re-treatment and repair of existing roadway
surfaces.
[Added 6-7-2021]
The following roads in the Town of Ashford have been accepted
as scenic roads:
This article shall become effective 15 days after publication.
