§ 152.357 PEDESTRIAN ACCESS EASEMENTS.
   (A)   All subdivisions adjoining a waterfront, adjacent to a public amenity site, public park, and/or public open space, shall provide for public access to the waterfront or public area.
   (B)   Such access shall consist of one ten-foot pedestrian easement for each 600 feet or portion thereof of shared property line/frontage on the water.
   (C)   In subdivisions with 300 feet or less of shared property line/water frontage, the Planning Board may not require a pedestrian easement to be included, provided that pedestrian easement exists within 300 feet of the nearest point of said subdivision.
   (D)   All pedestrian easements shall be directly accessible to a publicly maintained street right-of-way or an approved private street right-of-way. The Board of Commissioners shall determine if easements are to be dedicated to the Town of Swansboro.
   (E)   Should a publicly maintained street right-of-way be relocated, pedestrian easements shall be extended to the new right-of-way.
   (F)   Where an existing pedestrian easement dedicated to the Town of Swansboro, the State of North Carolina or the United States Government is within an area to be subdivided, such easement may count towards meeting the requirements contained herein.
   (G)   The Board of Commissioners may, in lieu of requiring the installation of pedestrian easements, allow the subdivider to donate land to the Town of Swansboro that is adjacent to and provides access to these areas and is at least equivalent in size to the total square footage of required easements. The donated property shall be in the general vicinity of the subdivision. A combination of donated land and easements may also be allowed.
(Ord. 2005-O3, passed 3-15-2005; Am. Ord. 2008-O28, passed 10-21-2008; Am. Ord. 2020-O8, passed 6-22-2020)