Chapter 111 Scenic Roads

To be designated as a "scenic road," a road or portion of road must meet at least one of the following criteria:

The road is unpaved;

The road is bordered by mature trees or stone walls;

(c)

The traveled portion of the road is no more than 20 feet in width;

(d)

The road offers scenic views;

(e)

The road blends naturally into the surrounding terrain; or

(f)

The road parallels or crosses over brooks, streams, lakes or ponds.

In addition to these criteria, the Commission shall give consideration to other features which would benefit from a road's designation as a "scenic road," such as: vistas; buildings; structures or places of historical significance; recreational uses; proximity to open space; agricultural or forest lands; areas of wild flowers or other attractive vegetation; and notable geologic or other natural features.

Approval by owners.

Majority of frontage. No road or portion of road may be designated as a "scenic road" pursuant to this chapter unless the owners of the majority of the lot frontage abutting the portion of the road proposed for such designation agree to its designation as a "scenic road" by filing a written statement of approval.

Statement of approval. The statement of approval shall be in a form prescribed by the Commission, and the original of it shall be filed with the Town Clerk at the same time as a copy thereof is filed with the application for designation with the Commission.

Rights of landowners. Nothing in the chapter shall be deemed to prohibit a person owning or occupying land abutting the road or portion thereof designated as a scenic road from:

Maintenance. Maintaining and repairing the land which abuts the road or portion of road so designated if the maintenance or repair is conducted on land not within the right-of-way of the scenic road, or

Access. Having access to his property by driveway or subdivision road by encroachment within the right-of-way, provided that such encroachment is constructed so as to safeguard the road's scenic features as recorded by the Commission.

§ 111-4 Procedure for designation.

Any Norfolk property owner, or the Commission on its own initiative, may propose a road or portion of a road for consideration for scenic road designation, subject to the requirements of § 111-3 of this chapter.

Application. An application calling for scenic road designation shall be filed with the Commission, in a form prescribed by the Commission, and shall contain the following information:

Map. A map on which is indicated:

The name of the road to be designated as a scenic road;

A general description of the road or portion of road which includes the total frontage of the road or portion of road proposed, and the limits of the proposed designation;

(c)

The names and addresses of all abutters to the road or portion of road. The map shall be at the same scale as the scale adopted for maps used by the Norfolk Planning and Zoning Commission.

Description. A written description of:

Those characteristics of the road or portion of road which qualify it for scenic road designation, including, but not limited to, the criteria set forth in § 111-3A of this chapter; and

Such other features of the road or portion of road which ought to be preserved by such designation.

Statement of approval. A written statement of approval signed by the owners of a majority of the lot frontage abutting the road or portion of road stating that they approve of designating the road or portion of road as a "scenic road," which statement shall include the name and address of all owners of lot frontage abutting the road or portion of road and the measured lot frontage of each abutter along the proposed scenic road.

(4)

Application fee. The fee for an application for scenic road designation shall be $250, and shall be provided with the application and shall be as set forth in the Town ordinance concerning land use fees.[1]

[1]

Editor's Note: See Ch. 84, Fees, Art. I, Municipal Land Use Applications.

Filing.

Commission. The application shall be filed with the Commission, which shall forward copies to the Board of Selectmen, the Assessor, the Fire Marshal, the resident state trooper or his designee, and the Norfolk Lion's Club Volunteer Ambulance Service.

Moratorium. Upon receipt of the application by the Commission there shall be no alteration, change or improvement made to the road or portion of road in question until the final decision on the designation is made.

Review. The Board of Selectmen, the Fire Marshal, the resident state trooper or his designee and the Norfolk Lion's Club Volunteer Ambulance Service shall review the application, send its recommendations to the Commission no later than 45 days after this review, along with its recommendation for approval or denial, with reasons for such recommendation.

Hearing.

Schedule. Following the receipt of the recommendations, the official receipt of the application will be the day of Commission's next regularly scheduled meeting or 35 days after the application is deemed complete, whichever is sooner. The Commission shall commence a public hearing within 65 days after official receipt. The public hearing shall be completed within 35 days unless otherwise provided with an extension of time from the applicant.

Notice.

Notice of the public hearing on the application shall be published in a newspaper having substantial circulation in Norfolk twice, at least three days, but not more than 14 days, prior to the hearing, and sent by certified mail to the applicant.

The applicant shall notify all owners of lots fronting on the road or portion of road in question of the application and the date of the public hearing, by certified mail, return receipt requested, not later than seven days prior to the hearing, and shall include with such notice a copy of the legal notice. Return receipts shall be submitted at the public hearing.

Decision.

Schedule. The Commission shall act upon the application within a period of 65 days from the close of the public hearing.

Considerations. The Commission shall consider the recommendations, if any, of the agencies or individuals listed above and the evidence presented at the public hearing in reaching its decision.

Grounds. The grounds for designation or nondesignation shall be stated in the records of the Commission and shall include in as much detail as possible the special features which qualify the road or portion of road for scenic designation.

(4)

Notice. The Commission shall:

Notify the applicant of its decision in writing by first class mail within 15 days after such decision is rendered; such notice shall be a simple statement that the road or portion of road was or was not designated as a "scenic road," together with the date of the decision; and

Publish its decision in a newspaper having substantial circulation in Norfolk.

(5)

Effective date. Any scenic road designation under this chapter shall not become effective until a copy of the designation is filed in the office of the Town Clerk. The applicant shall be responsible for such filing and shall pay any filing fee.

Rescission.

Procedures. The designation of a road or portion of road as a "scenic road" may be rescinded by the Commission using the above procedures, provided that the owners of the majority of the lot frontage abutting the road or portion thereof concur with such rescission and have filed with the Town Clerk a written statement of approval of rescission.

§ 111-5 Maintenance, alteration and improvement.

Time limit. No designation of a road or portion of road as a "scenic road" may be rescinded and no application or request for such rescission may be filed for at least two years after the effective date of the designation of the road or portion of road as a "scenic road."

Preservation objective. Routine maintenance and the alteration and improvement of scenic roads shall be carried out so as to preserve to the highest degree possible the characteristics of the scenic roads, which are indicated in the records of the Commission as the basis for the designation.

Maintenance.

Maintenance schedule. All scenic roads shall be maintained in good and sufficient repair and in passable condition, pursuant to its regular schedule for maintenance of Town roads.

Routine maintenance. Routine maintenance shall include:

Trimming or removal of dead or diseased trees that endanger the traveled portion of the road;

Trimming of the tree branches that encroach on the traveled portion of the road below the height needed to allow school buses and emergency vehicles to pass;

(c)

Trimming and removal of brush and removal of boulders or other obstacles that encroach on the traveled portion of the road;

(d)

Trimming for utility lines;

(e)

Trimming of brush to enhance and protect scenic views, stone walls, mature trees and other characteristics of the scenic road;

(f)

Correction of drainage problems;

(g)

Regraveling of roads having gravel surfaces;

(h)

Resurfacing and repair of existing paved roadway surfaces;

(i)

Sight lines; and

(j)

Appropriate traffic signs.

Nonroutine maintenance.

Routine maintenance shall not include:

[1]

Widening of the traveled portion of the road;

[2]

Paving of dirt or gravel roads or portion thereof;

[3]

Straightening the road; or

[4]

Removal of stonewalls or mature trees.

On existing dirt or gravel roads, such maintenance to the traveled portion of the road shall be restricted to an area that protects any bordering trees to minimize root damage.

Natural disasters. In the case of a natural disaster in which a road becomes impassable or unsafe for public travel so that access must be provided, emergency repairs may be made as needed to restore the road or portion thereof to its pre-emergency condition.

Alterations and improvements. Scenic roads may be altered and improved for public safety considerations under the following procedures and conditions:

Application. An application for alteration or improvement of a scenic road by a public applicant shall be submitted to the Commission, along with a suitable map showing in detail the proposed alteration or improvement.

Hearing. The Commission shall hold a public hearing once the application is complete. The final decision on the application shall be made within 65 days from the close of the hearing.

Decision. At its next regularly scheduled meeting, the Commission shall review the application and the evidence presented at the public hearing. The final decision on the application shall be made within 65 days from the close of the hearing.

Standards for alterations and improvements. No alteration or improvement of a scenic road shall be made unless the Commission determines that such alteration or improvement is necessary to maintain the road in good and sufficient repair and in passable condition. An alteration or improvement shall reflect the least possible damage to the character of the scenic road and shall conform to the following requirements.

Curves. Curves shall not be eliminated unless found to be a specific hazard to a specific road.

Grades. Hills and valleys shall not be destroyed by cuts and fills unless found to be a specific hazard to a specific road.