Rhode Island Code of Regulations
Title 650 - Coastal Resources Management Council
Chapter 20 - Coastal Management Program
Subchapter 00 - N/A
Part 5 - Metro Bay Region Special Area Management Plan
Section 650-RICR-20-00-5.9 - Development Zone (formerly section 190)
Universal Citation: 650 RI Code of Rules 20 00 5.9
Current through September 18, 2024
A. Policy
1. It is the policy of the RICRMC to
establish a continuous UCG within the areas designated as development zones
that will satisfy the overall goals of the urban coastal greenway policy, as
well as the specific development standards described in §5.5.1 of this
Part.
B. Standards
1. All development proposals within the
development zone that completely meet the requirements under one of the options
below (Options 1-4) will be processed as Category A applications in accordance
with the RICRMP provided there are no substantive objections during the 15-day
public notice period. Applicants have the option of having projects reviewed
under and adhering to the setback and buffer requirements set forth in
§§1.1.9 and 1.1.11 of this Subchapter in lieu of the other options
offered below. Regardless of the option selected, however, applicants must
still comply with the 15% vegetative cover and stormwater management standards
in §§5.5.1(A)(3) of this Part.
2. Option 1: Standard buffer width.
a. Applicants choosing this option must
adhere to the standard buffer width as determined in §
5.16(B) of
this Part (Appendix 2). In addition, all structures must be set back 25 feet
from the inland edge of the buffer.
b. The buffer must be comprised of a mix of
native plant species and remain in a natural and undisturbed state.
c. Variances to the buffer width are not
permissible under Option 1.
d. The
applicant must provide a public access plan in accordance with §1.3.6 of
this Subchapter.
3.
Option 2: Standard UCG Width (100 feet).
a.
The standard urban coastal greenway width within a development zone shall be
one hundred (100) feet. All structures must be setback from the inland edge of
the UCG in accordance with §5.5.1(A)(3)(d) of this Part.
b. All of the standards specified within
§§5.5.1 and 5.10 to 5.15 of this Part shall apply.
c. The project should provide public access
in accordance with §5.5.1(E) of this Part.
d. If applicants choose not to install and
maintain public access, then mitigation must be provided in accordance with
§
5.10 of
this Part.
4. Option 3:
Compact UCG Width (50 feet).
a. Applicants
may choose a compact UCG width of fifty (50) feet, however, compensation must
be provided in accordance with §
5.13 of this Part for the
difference in width between Option 2 and 3. Compensation options will be
available at such time as the Rhode Island General Assembly establishes a
compensation statute; reductions in regulatory requirements provided by the
compensation provision are not available until the trust is set up.
b. All structures must be setback from the
inland edge of the UCG in accordance with §5.5.1(A)(3)(d) of this
Part.
c. All of the standards
specified within §§5.5.1 and 5.10 through 5.15 of this Part shall
apply.
d. The project should
provide public access in accordance with §5.5.1(E) of this Part.
e. If applicants choose not to install and
maintain public access, mitigation must be provided in accordance with §
5.10 of this Part.
5. Option 4: Small lot exemption
(Compact UCG - less than 50 feet).
a. It is
the policy of the RICRMC to allow for a compact UCG width of not less than 25
feet for qualifying small Development Zone lots due to the spatial constraints
inherent on very small lots. In order to meet the vegetation target and on-site
stormwater management requirements for Urban Coastal Greenways, designs for
small lots are encouraged to include LID treatments, such as green roofs,
bioretention areas, and stormwater recycling.
b. Small Lots shall be defined as lots with a
depth of less than 300 feet. Lot depth shall be measured as the shortest
distance from the front lot line to the rear lot line. For lots where the front
and rear lot lines are not parallel, the average lot depth shall be determined
by measuring the distance between the midpoints of the front and rear lot
lines.
(1) "Front lot line" shall be the lot
line that demarcates the inland limit of the lot.
(2) "Rear lot line" shall be the lot line
along the shore.
c.
Development zone lots may qualify for a Small Lot Exemption if they are
lawfully established lots as of October 10, 2006 and whose shallow depth of
less than 300 feet may constrain their ability to meet the UCG standards as
measured from the inland edge of a coastal feature, as set forth by the
RICRMC.
d. The Urban Coastal
Greenway width within Small Lots shall be no less than twenty-five (25) feet.
All structures must be setback from the inland edge of the UCG in accordance
with §5.5.1(A)(3)(d) of this Part.
e. Applicants must provide compensation in
accordance with §
5.13 of this Part for the
difference between the required width in Options 3 (50 feet) and the Option 4
width (between 25-49 feet). Compensation options will be available at such time
as the Rhode Island General Assembly establishes a compensation statute;
reductions in regulatory requirements provided by the compensation provision
are not available until the trust is set up.
f. All of the standards specified within
§§5.5.1 and 5.10 through 5.15 of this Part shall apply, with the
following exceptions:
(1) Where existing
public access pathways and/or public roads occur between the coastal feature
and the development parcel(s), the primary (alongshore) public access and
construction setback requirements may be waived.
(2) Where public roads are immediately
adjacent to the sides of the development perpendicular to the coastal feature,
these public roads may count toward the Urban Coastal Greenway secondary public
access requirements. The road(s) must be usable for pedestrian and/or emergency
vehicle access, as appropriate.
(3)
Small lots may be excluded from the requirement for additional public parking
spaces per 100 feet of linear shoreline (See §5.5.1(E)(1)(h) of this
Part).
C. Figure 7: Decision tree for development zone requirements
1. * -
Mitigation: coastal wetland restoration projects require a separate Category B
application
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