(a)   No highway or portion of a highway shall be designated as a scenic road if the abutting property contains intensive commercial development. Prior to designating a highway or portion thereof as a scenic road, the board of aldermen must first specifically find that at least one (1) of the following criteria is met:

(1)   The highway is unpaved;

(2)   The highway is bordered by mature trees or stone walls;

(3)   The travelled portion of the highway is no more than twenty (20) feet in width;

(4)   The highway offers scenic views;

(5)   The highway blends naturally into the surrounding terrain; or;

(6)   The highway parallels or crosses over brooks streams, lakes or ponds.

(b)   No highway or portion thereof may be designated as a scenic road by the board of aldermen pursuant to this article unless a majority of owners of lots abutting the highway or portion thereof agree to the designation of the highway as a scenic road by filing a written statement of approval with the city clerk.

(a)   The board of aldermen on its own initiative may consider a highway or portion thereof for scenic road designation. Property owners may petition the board for a designation of a highway or portion thereof as a scenic road. The petition shall state what road or portion of road is requested to be designated as a scenic road and describe those characteristics of the road which qualify it for scenic road status, as well as other characteristics which enhance the scenic character of the road. The petition shall be signed by a majority of the owners of lots abutting the road or portion of road in question (such ownership shall be verified by the city assessor), stating that they approve of designating the road or portion of road as a scenic road, and indicating, to the best of their knowledge, their lot frontage along the road or portion of the road in question. Each signer of the petition shall indicate his or her address. The petition should also include the names and address of owners of lot frontage abutting theroad or portion of road in question who did not sign the petition. The petition must contain the name, address and signature of the circulator of the petition, who must be a resident of Shelton.

(b)   Any proposal for a scenic road designation appearing before the board of aldermen shall be submitted to the planning and zoning commission for an 8-24 Referral. Proposal shall also be submitted to the director of public works for recommendation relative to safety aspects of the road in question.

(c)   When a road, or portion of road, is to be considered for designation as a scenic road, the board of aldermen shall schedule a public hearing on the proposal. Such hearing shall be subject to any provision in the City Charter pertaining to such hearings. Notice of the public hearing shall be sent to the owners of lots fronting the road or portion of road to be designated and to the director of public works and the superintendent of highways and bridges.

(d)   The board of aldermen shall act upon the proposed designation within the period of time permitted by City Charter. Within ten (10) days of passage, the ordinance designating the road or portion of road as a scenic road shall be published in a newspaper having general circulation in the city and notice of such passage shall be sent to the owner of lots fronting such road or portion or road.

(e)   The grounds for designation or nondesignation shall be stated in the records of the board of aldermen and in the case of designation shall include, in detail, the special features which make the road so designated.

(a)   Routine road maintenance.  Such maintenance shall include removal of dead and seriously diseased or damaged trees and branches of trees; trimming of the tree branches that encroach on the travelled portion of the roadway below the height needed to allow school buses and emergency vehicles to pass; trimming or removal of brush and removal of boulders or other obstacles that encroach on the travelled portion of the road; 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 set forth in the decision designating it a scenic road; correction of drainage problems; and graveling, retreatment and repair of existing roadway surfaces. 

(b)   Natural disasters.  In the case of natural disaster in which a road becomes impassable or unsafe for public travel and access must be provided, emergency repairs may be made as needed. 

(a)   Preservation objective.  Routine maintenance and the regulation of future alterations and improvements of designated roadways shall be carried out so as to preserve to the highest degree possible the scenic characteristics which are indicated in the records of the board of aldermen as the basis for designation. 

(b)   Hearing and decision responsibility.  A significant alteration or improvement of a designated scenic road shall be determined by the board of aldermen. Any proposal for a significant alteration or improvement, whether by public or private applicant, shall be submitted to the planning and zoning commission which shall hold a public hearing and submit findings of fact and a recommendation of the board of aldermen. 

(c)   Standards for alteration.  When contemplating alterations to a scenic road for common convenience and necessity, including, without limitation, safety reasons and Fire and Police considerations, the following procedures shall be followed: 

(1)   Review of suitable map, and where deemed necessary by the planning and zoning commission, of a technical report documenting the cited hazard and offering alternative solutions.

(2)   Public hearing to allow full public participation.

(3)   A decision-making process that not only reviews the specific safety features, but also takes into account the overall impact of the possible change in a scenic road as well as the public response.

(4)   The final decision shall reflect the least damages to the character of the scenic road. If stone walls or portions thereof must be removed, they shall be rebuilt along the untravelled portion of the scenic road.

(5)   If alterations to a scenic road are required, then they shall be planned with due regard to the following parameters:

a.   Speed limits:  Scenic values are correlated with lower speeds. The approved speed shall be posted and suitably enforced. 

b.   Curves:  Scenic values are correlated with the existence of curves, which allow a constant unfolding of new and changing views. Curves shall not be eliminated until they are found to be a definite hazard within the concept of the specific road. 

c.   Grades:  Hills and valleys are correlated with scenic values. They shall not be destroyed by cuts and fills unless deemed essential for road safety. 

d.   Widths:  A narrow road is correlated with high scenic beauty. Designated roadways should not be widened unless the amount of traffic, as determined by a factual study demands it. For some rural roads, the amount of traffic that can be handled can be greatly increased by wide by-passes and turn-outs, constructed at intervals where they do least damage to scenic and other values. 

e.   Side slopes:  Existing steepness of side-slope is preferable to reduction of gradient by extensive removal of soil and rock. This is especially true where the slope is fully stabilized and where it is rich with existing ground cover, shrubs and trees. 

f.   Vistas:  Vistas of distant landscape shall be preserved by suitable vegetation management techniques. 

g.   Utility lines:  Wherever possible, utility lines should be put underground. Where they are overhead, the utility corporations should cooperate by implementing suitable vegetation management techniques which preserve the wild flowers and the shrubs. 

h.   Vegetation:  Vegetation on the side of the road shall be managed in such a way as to preserve wild flowers, shrubs of ornamental wildlife values and trees. Over-arching isolated trees and the canopy of a closed forest, can have extremely high scenic value. 

i.   Billboards, sand, gravel and salt piles, refuse disposal  and other unsightly structures or situations shall be forbidden. Where possible, scenic and preservation easements should be acquired from adjacent owners to insure the continuance of natural relief, desirable features and scenic and historic values in the public interest. 

(d)   Paving criteria:  Paving of the unpaved travelled portion of a scenic road shall be permitted as determined by the board of aldermen. 

(e)   Rights of landowners:  Nothing in this article shall be deemed to prohibit a person owning or occupying land abutting the roadway or portion thereof designated as a scenic road (1) from maintaining and repairing the land which abuts the road so designated if the maintenance occurs on land not within the right of way, paved or unpaved, of the scenic road; or (2) have access to his property by driveway or subdivision road by encroachment within the rights of way, provided that such encroachment is constructed so as to safeguard the roadway's scenic features.