(a)

The intent of the zoning ordinance, in regulating pedestrian greenways, drainage ditches, and parks as specified in this article and elsewhere through this document, is to:

Acknowledge the unique requirements of an island environment, and to develop, implement, and maintain open spaces for the enjoyment of residents and visitors while providing innovative solutions for stormwater runoff, erosion, and flood control, with special recognition of the importance of vegetation for shade, cooling, noise and wind reduction, prevention of soil erosion and flooding, oxygen production and carbon dioxide absorption, dust filtration, and the aesthetic enhancement of real property, thereby protecting and enhancing property values.

(b)

These regulations are set forth so as to:

(1)

Maintain or enhance the public health, safety, and welfare;

(2)

Maintain or enhance the value of adjacent property or be a public necessity;

(3)

Comply with the general intent of the respective zoning district for the physical development of the area; and

(4)

Contribute to the traditional village-like atmosphere of the historic town.

(Ord. of 9-14-2005, § 16.1)

(a)

Every multifamily residential development of 12 or more units or mixed use of 12 or more units shall be developed so that at least five percent of the total area of the development remains permanently as public pedestrian greenways.

(b)

For purposes of this section, public pedestrian greenways mean an area that:

(1)

Is not encumbered with any substantial structure;

(2)

Is not devoted to use as a roadway or parking area;

(3)

If wooded as of the date development began, is left in its natural or undisturbed state except for the cutting of trails for walking or jogging, or, if not wooded at the time of development, is landscaped for pedestrian greenways;

(4)

Is capable of being used and enjoyed for purposes of informal and unstructured recreation and relaxation; and

(5)

Is legally and practicably accessible to the residents of the town.

(Ord. of 9-14-2005, § 16.2)

(a)

Ownership of public pedestrian greenways shall be dedicated to the public but shall remain under the ownership and control of the developer (or his successor) or a homeowners' association or similar organization.

(b)

The owner shall be responsible for the continuing upkeep and proper maintenance of the pedestrian greenway.

(Ord. of 9-14-2005, § 16.3)

(a)

If any portion of any lot proposed for development that includes a traditionally established drainage ditch, the developer shall dedicate for public use an area ten feet wide of both sides of the centerline of the drainage ditch.

(b)

The dedicated land shall be used for pedestrian greenways.

(c)

An executed general warranty deed conveying the dedicated land to the town shall be submitted to the town within 30 working days of the approval by the town commissioners of a special use permit.

(Ord. of 9-14-2005, § 16.4; Ord. No. ZTA-21-02, Art. III(Pt. 44), 6-16-2021)

Homeowners' associations or similar legal entities that are responsible for the maintenance and control of public pedestrian greenways and any landscaping requirements, shall be established in such a manner that:

(1)

Provision for the establishment of the association or similar entity is made before any lot in the development is sold or any building occupied;

(2)

The association or similar legal entity has clear legal authority to maintain and exercise control over such common areas and facilities;

(3)

The association or similar legal entity has the power to compel contributions from residents of the development to cover their proportionate shares of the costs associated with the maintenance and upkeep of such common areas and facilities.

(Ord. of 9-14-2005, § 16.5)

The town commissioners shall have the authority to accept or reject land dedications made as a requirement of this article.

(Ord. of 9-14-2005, § 16.6)