§ 9-106. Public access and rights-of-way

(a) The provisions of adequate and high quality public access to the shore have increasingly become an integral element in the development plans of many waterfront communities. Whereas in the past, the provision of access to the water was a function undertaken primarily by the private sector, today this function is by necessity, increasingly in the domain of the public sector. This change may be attributed in part to both heightened interest in waterfront property and water-dependent activities and the subsequent escalations in land prices.

(b) Public access to the shore or waterfront is characterized by an established public right-of-way to the water from an established public (either through ownership or easement) roadway. The access itself may be either more vertical in nature (as in a fishing pier), primarily horizontal in nature (a length of beach, walkway or bicycle path), or a combination of the two. The most important characteristic of public access is that it be of sufficient depth and breadth to serve the intended activities as well as designated corollary activities such as pedestrian access or parking.

(c) The town shall incorporate maximizing the potential of existing access and providing new public access points as an integral component of all future planning efforts. Direct acquisition of coastal land and access rights for public usage shall continue to be the principal means of expanding the scope of rights-of-way to the Great Salt Pond and coastal shores of Block Island.

(d) Pursuant to the recommendation of the state department of planning, the 1987 open space bond issue and future state and local open space or recreational initiatives hold great potential for significantly expanding the quantity and quality of public access to the coastline through both local and cooperative local/state purchases.

(e) Adequate public access is necessary to meet the needs of the town. The town will strive to preserve, protect, and enhance all existing public rights-of-way to the waters and public properties of the town. All existing rights-of-way shall be maintained or enhanced as needed and as funds become available. Priorities for maintenance, preservation and/or enhancement shall be determined by type of right-of-way, urgency of protection, type of use, and extent of use.

(Ord. of 3-19-2004, § 9-113; Ord. of 12-19-2005, § 9-106)

refcross

Streets, sidewalks and other public places, ch. 15.