The scenic and rural roads of the Town of Wilton
are irreplaceable resources. The scenic values of some rural roads
in Wilton are in danger because of potential alterations to their
rights-of-way. Such alterations may have an adverse impact on the
quality of Wilton's aesthetic and historical environment, an environment
that is of great benefit to residents and visitors alike. It is then
the purpose of this ordinance to balance the need to provide convenient
and safe public travelways with the need to preserve scenic and rural
values. Therefore, be it ordained by the Town of Wilton that, pursuant
to the authority granted by Connecticut General Statutes Section 7-149a,
the Town of Wilton shall provide for the designation of certain Town
roads or portions thereof within its borders as scenic roads.
The authority to designate a road or any portion
of a road as a scenic road is hereby delegated to the Board of Selectmen
of the Town of Wilton, hereinafter known as the "Selectmen."
The Selectmen, on their own initiative or upon
receipt of an application by residents, may consider a road or portion
thereof for scenic road designation.
A. Application. Property owners shall submit an application
to the Board of Selectmen and the Town Clerk calling for scenic road
designation. In the case where the Selectmen initiate a proposed designation,
they shall be responsible for completing the application and submitting
it to the Town Clerk. The application form, available at the First
Selectman's office, shall contain the following information:
(1) The name of the road proposed to be designated as
a scenic road or a description of a portion of a road proposed to
be designated, together with a statement of the total length of said
road or portion thereof.
(2) A description of those characteristics of the road or portion thereof which qualify it for scenic road status, including, but not limited to, those characteristics set forth in §§
25E-3A and
B of this ordinance.
(3) A written statement of approval signed by the owners
or their duly authorized representative of a majority of lot frontage
abutting the road or portion thereof, stating that they approve of
designating the road or portion of road as a scenic road.
(4) The names and addresses of all owners of lot frontage
abutting the road or portion thereof and the length of their frontage
along the road.
B. Filing. The application shall be filed with the Town
Clerk and the Board of Selectmen by the applicant. The office of the
Selectmen shall forward a copy to each the Conservation Commission,
Planning and Zoning Commission, Fire Department, Police Department,
Public Works Department and Ambulance Corps. Additionally, a copy
shall be forwarded by the office of the Selectmen to the Assessor's
office, which shall verify the ownership and the total frontage of
those signing the application; verify that said total frontage constitutes
a majority of frontage abutting the road or portion thereof proposed
to be designated a scenic road; and shall submit such verification
to the Selectmen within 10 business days from the date the Assessor
received the application from the Selectmen. Upon receipt of the complete
application by the Board of Selectmen, there shall be no alteration,
change or improvement made to the road in question until the final
decision on the designation is made, except in response to an emergency.
C. Review. The Conservation and Planning and Zoning Commissions,
Fire Department, Police Department, Public Works Department and Ambulance
Corps shall review the application and send recommendations to the
Selectmen within 35 days of receipt. The Selectmen shall then schedule
a public hearing within 30 days after their next regularly scheduled
meeting.
D. Hearing. The Selectmen shall hold a public hearing
regarding the designation of the road or portion thereof as a scenic
road. Notice of the public hearing shall be published in a newspaper
having general circulation in Wilton at least twice, at intervals
of not less than two days, the first not more than 21 days, nor less
than 15 days before the hearing, and the last not less than two days
before the hearing. A copy of the hearing notice shall be mailed to
the owners of lots fronting the road or portion of the road proposed
to be designated as scenic. This notice shall be sent not more than
21 days and not less than 15 days before the hearing. Additionally,
a sign stating the purpose, date, time and place of the hearing shall
be placed at the entrance to a dead-end road or at either end of a
through road or portion of a through road. Said sign shall be erected
and maintained by the Conservation Commission. The sign(s) shall be
erected not more than 21 days and not less than 15 days before the
hearing. The sign(s) shall measure two feet by three feet.
E. Decision.
(1) The Selectmen shall act upon the application within
a period of 30 days from the close of the hearing. The Selectmen shall
consider the advice of the Town departments and commissions and the
evidence presented at the public hearing in reaching their decision.
(2) The grounds for designation or nondesignation shall
be stated in the record of the Selectmen and shall include, in as
much detail as possible, the special features which make the road
so designated or the reasons for denying designation.
(3) Notice of the decision of the Selectmen shall be published
in a newspaper having a general circulation in the Town of Wilton
and mailed to the owners of lots fronting on the road in question
within 15 days of such decision. Such notice shall state that the
road or portion thereof was or was not designated as a scenic road
by the Selectmen, together with the date of such action.
The designation of a road or portion thereof
as a scenic road may be rescinded by the Selectmen using the following
procedures.
A. Residents shall submit an application for rescission
of the scenic road designation to the Selectmen and Town Clerk. In
the case where the Selectmen initiate a rescission, the Selectmen
shall complete the application and submit it to the Town Clerk. The
application shall include the following information.
(1) The name of the road proposed to be rescinded as a
scenic road or a description of a portion of a road proposed to be
rescinded, together with a statement of the total length of said road
or portion thereof.
(2) The reason(s) the rescission is requested.
(3) A written statement of approval signed by the owners
or their duly authorized representative of a majority of lot frontage
abutting the road or portion thereof stating that they approve of
rescinding the road or portion of road as a scenic road.
(4) The names and addresses of all owners of lot frontage
abutting the road or portion thereof and the length of their frontage
along the road.
B. Filing. The application shall be filed with the Town
Clerk and the Board of Selectmen by the applicant. The office of the
Selectmen shall forward a copy to each the Conservation and Planning
and Zoning Commissions, Fire Department, Police Department, Public
Works Department and Ambulance Corps. Additionally, a copy shall be
forwarded by the office of the Selectmen to the Assessor's office,
which shall verify the ownership and the total frontage of those signing
the application; verify that said total frontage constitutes a majority
of frontage abutting the road or portion thereof proposed to be rescinded
as a scenic road; and shall submit such verification to the Selectmen
within 10 business days from the date the Assessor received the application
from the Selectmen.
C. Review. The Conservation and Planning and Zoning Commissions,
Fire Department, Police Department, Public Works Department and Ambulance
Corps shall review the application and send recommendations to the
Selectmen within 35 days of receipt. The Selectmen shall then schedule
a public hearing within 30 days after their next regularly scheduled
meeting.
D. Hearing. The Selectmen shall hold a public hearing
regarding the rescission of the road or portion thereof as a scenic
road. Notice of the public hearing shall be published in a newspaper
having general circulation in Wilton at least twice, at intervals
of not less than two days, the first not more than 21 days, nor less
than 15 days before the hearing, and the last not less than two days
before the hearing. A copy of the hearing notice shall be mailed to
the owners of lots fronting the road or portion of the road proposed
to be rescinded as scenic. Additionally, a sign stating the purpose,
date, time and place of the hearing shall be placed at the entrance
to a dead-end road or at either end of a through road or portion of
a through road. Said sign shall be erected and maintained by the Conservation
Commission. The sign(s) shall be erected not more than 21 days and
not less than 15 days before the hearing. The sign(s) shall measure
two feet by three feet.
E. Decision.
(1) The Selectmen shall act upon the application within
a period of 30 days from the close of the hearing. The Selectmen shall
consider the advice of the Town departments and the evidence presented
at the public hearing in reaching their decision.
(2) The grounds for rescission or nonrescission shall
be stated in the record of the Selectmen and shall include, in as
much detail as possible, the reasons for rescinding the designation
or for denying rescission.
(3) Notice of the decision of the Selectmen shall be published
in a newspaper having a general circulation in the Town of Wilton
and mailed to the owners of lots fronting on the road in question
within 15 days of such decision. Such notice shall state that the
road or portion thereof was or was not rescinded as a scenic road
by the Selectmen, together with the date of such action.
A fee may be established by the Board of Selectmen
to cover the administrative costs of the application.