[Adopted 11-11-1998]
This article may be known as the "Alexandria Township Scenic Roads Ordinance
of 1998."
The purpose of this article is to preserve the scenic, historic and
rural character of Alexandria Township by identifying and designating scenic
roads and encouraging their preservation and maintenance. The goals of this
article are:
A.
To designate a Township-wide network of scenic and historic
roads.
B.
To protect, enhance, and, where appropriate, rehabilitate
the aesthetic, cultural, and historic features of Alexandria Township's
scenic roads as so identified and designated pursuant to this article.
C.
To fulfill the goals and objectives of the State Development
and Redevelopment Plan (SDRP), which was adopted in 1992 by the State Planning
Commission pursuant to N.J.S.A. 52:18A-196 et seq.
D.
To enhance and protect the natural and visual values
of these scenic and historic corridors by promoting the management of new
growth and development, and the associated increases in traffic, in ways that
complement the scenic and historic values associated with these corridors
consistent with good engineering practices and the need to maintain adequate
traffic circulation in Alexandria Township.
E.
To establish safe and visually attractive corridors for
the pursuit of passive recreation so important to the maintenance of the quality
of life.
F.
To ensure that the pastoral and rustic beauty and historic
characteristics of the Township may be enjoyed in the present and in the years
to come.
G.
To discourage and prevent pollution of air, water, and
land and other degradation of these important scenic and historic resources.
As used in this article, the following terms shall have the meanings
indicated:
The Alexandria Township Environmental Commission, acting in the capacity
of a Township Scenic Roads Commission.
The construction of any building or structure, and all site preparation
therefor, for the purpose of residential or commercial development on a road
or portion of road designated as scenic pursuant to the provisions of this
article.
The total width and length of the servitude imposed or granted by
law to the Township or other public body for street, road or utility purposes.
A road that has been identified as scenic in the Alexandria Township
Master Plan, Hunterdon County, New Jersey, or designated as scenic by action
of the Alexandria Township Committee in accordance with the provisions of
this article.
A.
Administration.
(1)
It shall be the responsibility of the Alexandria Township
Committee to administer this article and to make its provisions known, on
a regular basis, to employees, boards and commissions in the Township, to
volunteer groups, such as fire and first aid units, to the utility companies
serving the community, and to providers of such services as cable television
and mobile telephones.
(2)
It shall be the responsibility of the Alexandria Township
Environmental Commission, sitting as a Scenic Roads Commission, to advise
and issue recommendations to the Township Committee, when requested or provided
in this article, regarding all matters concerning the designation, rescission
of designation, maintenance, alteration, reconstruction or improvement of
scenic roads in the Township of Alexandria.
(3)
In addition to all other Commission duties and functions
established by Township ordinance, the Commission shall:
(a)
Respond to applications to designate a road as a scenic
road or to remove a road from the status of a scenic road by making the appropriate
recommendation to the Township Committee;
(b)
Review conditions on and usage of roads designated as
scenic roads;
(c)
Hear the comments of citizens of the Township regarding
roads designated as scenic roads;
(d)
Respond to questions or comments concerning scenic roads
that are referred to the Commission by the Township Committee, the Planning
Board, the Board of Adjustment, the Recreation Commission, the Board of Health,
the Alexandria Township Historical Society and other interested boards and
bodies;
(e)
Comply, in a timely fashion, with Planning Board requests
for review and comment on applications for development along scenic roads
and with Township Committee requests for recommendations on proposed capital
projects involving scenic roads; and
(f)
Consult, when deemed necessary by the Commission, with
the Township Engineer, the Road Superintendent, and/or the Zoning Officer.
B.
The Township Committee shall refer to the Commission
all applications for additions to or rescissions from the official list of
scenic roads. The Commission shall respond in accordance with the provisions
of this article. The Commission shall issue in a timely manner copies of minutes
of all meetings to the Township Committee and Township Clerk. Notice of all
Commission meetings shall be given in compliance with the Open Public Meetings
Act.[1]
[1]
Editor's Note: See N.J.S.A. 10:4-6 et seq.
A.
Application. Applications for designating a road or portion
of a road as scenic may be made by the Commission on its own initiative, by
the Township Committee or the Planning Board, or by a resident or group of
residents of Alexandria Township. Application for rescission for good and
just reasons may be made in the same manner. Such applications shall be reviewed
according to the procedures set forth herein.
B.
Criteria.
(1)
Positive criteria. Designation as a scenic road requires
that the road or road section exhibit as least one of the following positive
characteristics:
(a)
Views of water and landform features, including lakes,
ponds, marshes or wetlands, rivers or brooks, waterfalls, cliffs, boulders
or rock outcrops, hills or mountains.
(b)
View of landscape compositions and effects, such as:
[1]
Enclosed view, when vegetation or other vertical elements
in the middleground form continuous or bowl-like sides around the ground plan
or central feature.
[2]
Enframed view, when foreground and mid-ground vegetation
or landform cover part of the field of vision, leading the eye toward a distant
view.
[3]
Field and forest edge, a line between forests and fields
as evidenced in panoramic views.
[4]
Distant Village or Village edge, the sharp contrast between
a Village and its surrounding fields and woods, being most evident when seen
from a distance.
[5]
Panoramic or distant view. Such views fill a wide arc
in the traveler's field of vision, usually occurring at high spots in
the road where openings in the trees and brush provide a wide overlook.
[6]
Leaf tunnel effect, when a road winds through a forested
area and the crowns of mature trees close to the road meet overhead to form
a ceiling of leaves in contrast to the open views.
[7]
Valley view, an enframed view that occurs when a valley
leads the eye toward a view in the distance.
(c)
Road conforming to landscape, with the road following
rather than cutting through landforms. Such roads wind and undulate with the
landform.
(d)
Road utilizing unusual road materials (bricks, cobblestone,
compacted dirt or gravel) and retaining rustic drainage mechanisms.
(e)
Mixed vegetation seen from the road, including agricultural
patterns (orchards, contour plowing); woodlands or tree patterns, hedgerows,
masses of wildflowers or ferns; mature stands of hardwood and softwood trees.
(f)
Views of picturesque and historic man-made features,
such as stone rows and fences and walls, farmsteads, unusual buildings, covered
and stone bridges; cemeteries; archaeological sites such as mills, tanneries,
limestone kilns and mineral pits.
(g)
Roads with historical value, having been in existence
in some form since before 1900.
(2)
Negative criteria. Designation as a scenic road requires
that the road or road section not exhibit negative characteristics to a degree
that will detract from the exhibited positive characteristics, especially
as the negative characteristic has been altered to some degree. Negative characteristics
include:
(a)
Views of landscape intrusions, such as obtrusive scars
or slashes; erosion caused by poor drainage, or stark gravel or sand mining
operations; or structures that detract from rather than enhance the view.
(b)
Views of unsightly objects, an incompatible building,
fence, or wall; a dilapidated building with no historic or scenic value; litter
buildup, junkyard or landfill; storage tanks; a stark drainage system involving
straight rows or rip rap and protruding culvert.
(c)
Views of polluted water.
(d)
Heavy traffic or a profusion of inappropriate signs.
C.
Scenic road designation; procedures. Procedures for the
identification and designation of a road or portion of a road as scenic shall
be as follows:
(1)
The Commission shall create and make available to the
public an application form for the designation of a scenic road or for the
rescission of scenic road designation. Upon its own application or in response
to an application submitted by either the Alexandria Township Committee or
Planning Board or a resident or group of residents of Alexandria Township,
the Commission may consider for recommendation to the Township Committee a
road or portion thereof proposed for designation as a scenic road or for rescission
of scenic road designation. Whether action is taken on the Commission's
own application or in response to an application submitted by either the Alexandria
Township Committee or Planning Board or a resident or group of residents of
the Township, the process shall be the same.
(2)
The Commission shall first hold a public hearing regarding
the proposed application. Notice of the public hearing shall be published
in the Township's official newspaper at least 10 days prior to the date
of such hearing. The Commission shall schedule such hearing with 45 days of
receipt of an application and shall issue its recommendation to the Township
Committee on the matter with 45 days after the conclusion of the hearing.
(3)
The application for scenic road designation shall state
what road or portion thereof is proposed to be designated as scenic, or proposed
to be rescinded as a scenic road, and shall describe those characteristics
of the road that qualify, or disqualify, it for scenic road designation, as
well as any other characteristics that enhance or detract from the scenic
character of the road.
(4)
The decision of the Commission to recommend that the
Township Committee identify or not identify a road as scenic or to rescind
the identification of a road as scenic shall be based upon the criteria established
pursuant to this article and shall be supported by a written report containing
findings of fact and conclusions adopted by the Commission. Notice of the
decision of the Commission shall be published in the Township's official
newspaper. Such notice shall be a simple statement that the road or portion
was or was not officially recommended to the Commission to be identified and
designated by the Township Committee, with the date of such recommendation,
and the fact that the Township Committee will consider the recommendation
of the Commission at a public hearing to be held within 45 days at a date
and time set by the Township Committee. The notice of the Commission's
recommendation and the date of the Township Committee's public hearing
to consider and act upon the recommendation of the Commission shall, if practicable,
be combined in the same notice and shall be published not less than 10 days
before the Township Committee's public hearing. The grounds for the Commission's
recommendations shall be stated in the records and report of the Commission
and shall include as much detail as possible concerning the special features
that qualify the road for scenic identification or the reasons for denying
or rescinding the request to identify it as scenic. The report of the Commission
shall be made available to any member of the public upon payment of the reasonable
costs of reproduction thereof.
The Township Committee shall schedule a public hearing to consider and
act upon the recommendation of the Commission within 45 days of the filing
of the Commission's report with the Township Committee. The matter shall
be decided by the Township Committee on the record established before the
Commission and upon any additional grounds that shall be received at the hearing
before the Township Committee. The Township Committee shall make its decision
within 45 days after the conclusion of its hearing, and in its decision may
adopt, deny or modify, with or without conditions or qualifications, the recommendation
of the Commission or may remand the matter to the Commission for further findings
of fact or consideration as appropriate. The Township Committee shall cause
notice of its decision to be published in the official newspaper of the Township.
A.
Where practicable, prior to entering any contract to
construct or modify or to actually undertaking construction of any capital
project entailing an improvement or alteration to a portion of a Township
road designated as a scenic road, the Township Committee shall refer the proposed
project to the Commission for comment. Such referral shall be accompanied
by a copy of the plans for the project if they have then been developed. The
Commission shall consider the referral at a public meeting and shall make
written recommendations to the Township Committee regarding the project, including
findings of fact and conclusions, adopted by the Commission, and shall be
transmitted to the Township Clerk for presentation to the Township Committee.
Failure to refer any project to the Commission shall not nullify or impede
or prevent the project from proceeding.
B.
In making decisions regarding routine road maintenance
and alterations or improvements of scenic roads, the Township shall give consideration
to preserving the scenic characteristics of the road which are indicated in
the records of the Commission as a basis for such identification, and with
respect to capital improvements as to which a reference to the Commission
is required, the Township Committee shall give consideration to the recommendations
of the Commission but shall not be bound by any of the same.
Nothing in this article shall be deemed to prevent an owner of property
abutting a scenic road, or an owner of property that is reached by easement
access abutting a scenic road, from having access to that property by driveway
or subdivision road which encroaches within the right-of-way of a scenic road,
provided the encroachment meets the requirements of the Township's ordinance
governing driveways[1] and any other applicable ordinance. Nothing in this article shall
otherwise be deemed to infringe upon the rights of the owners of land abutting
scenic roads.
