§ 42-185. Procedure for designation.

(a)

Statement of approval. No ordinance designating a highway or portion thereof shall be adopted unless the City Council shall have received a statement of approval which meets each of the requirements set forth as follows. The statement of approval shall be submitted on a form approved by the Town Clerk and shall contain the following:

(1)

The name of the highway to be designated as a scenic road, a map and general description of the portion of such highway sought to be designated, together with a statement of the approximate total length of the highway or portion thereof to be designated;

(2)

A description of those characteristics of the road which qualify it for scenic road status, including, but not limited to, which of the criteria set forth in section 42-184 the road satisfies;

(3)

Signatures of the owners of a majority of lot frontage abutting the highway or portion of highway in question, stating that they approve of designating the road or portion thereof as a scenic road and indicating their addresses and their lot frontage along the road or portion of the road in question; and

(4)

The names and addresses of owners of lot frontage abutting the highway or portion of highway in question who did not approve the designation.

(b)

Filing with Town Clerk. The original of the statement of approval shall be filed with the Town Clerk, who shall retain one copy, forward one (1) copy to the Tax Assessor, and forward the original to the City Council. The Tax Assessor shall verify the ownership and the total lot frontages of those signing the statement of approval, shall verify that such total lot frontage constitutes a majority of lot frontage abutting the highway or portion thereof to be designated as a scenic road, and shall submit such verification to the City Council within five (5) days from the date the Assessor receives the statement of approval from the Town Clerk.

(c)

Hearing. In order to designate a highway or portion thereof a scenic road, the City Council shall first hold a public hearing regarding the designation of such road as a scenic road. Notice of the public hearing shall be given in the manner provided in section 3-8 of the Danbury Municipal Charter, and by sending a copy of the notice of the hearing by registered or certified mail to the owners of lots fronting the highway or the portion of the highway to be designated as a scenic road.

(d)

Decision. The City Council shall approve for designation any highway or portion of highway which it finds meets the criteria of section 42-184 and if the statement of approval conforms to the procedural requirements of subsection (a) of this section. Within ten (10) days after the passage of an ordinance designating a highway or portion of a highway as a scenic road, the Town Clerk shall cause a notice to be addressed by certified mail to the owners of lots fronting on that highway or portion thereof designated as a scenic road. Such notice shall be a simple statement that the highway or portion thereof was designated as a scenic road by ordinance, together with the date of such action. The grounds for the designation or nondesignation shall be stated in the records of the City Council and in the case of designation shall include in detail the special features which make the highway so designated scenic.

(e)

Identification by signs. Each designated scenic road shall be identified by the posting of signs at both ends of the road. Such signs shall read as follows:

SCENIC ROAD

POSTED SPEED LIMIT STRICTLY ENFORCED

(Code 1961, § 17-113; Ord. No. 448, 8-4-1992)