Rhode Island Code of Regulations, Part 7, Section 650-RICR-20-00-7.5 - Aquidneck Island SAMP Coastal Development Standards (formerly section 150) | Rhode Island Code of Regulations

A. Standards applicable to entire development

1. In those cases where a Coastal Greenway is part of a project, the applicant shall grant an easement for the coastal greenway area to the CRMC. The easement shall be recorded in the land evidence records of the appropriate municipality, and also with the Homeowner or Condominium Association, or other ownership documents, where applicable.

2. Applicants following the Aquidneck Island Coastal Development policy shall adhere to the following standards on the entirety of the development parcel. (All proposals will be subject to a 30-day public notice period). Following the public notice period, any proposal that fully satisfies these ACD requirements, and has not received a substantive objection in accordance with §1.1.6(G) of this Subchapter, will be processed as a Category A (administrative) assent. Variance requests under § 7.6 of this Part (Areas of Particular Concern), however, will only be processed as Category B applications.

a. Minimum 25% vegetation requirement: Applicants must include sustainably landscaped areas in their proposals to achieve vegetative coverage of at least 25% of the surface area over the entire development parcel. This vegetation requirement may be met by the Coastal Greenway or through a combination of the Coastal greenway and additional plantings elsewhere on the property, including green roofs. All planting plans shall be prepared by a licensed landscape architect (See: R.I. Gen. Laws § 5-51-16). The landscape plan shall use an appropriate mix of groundcovers, grasses, forbs, shrubs, and trees to achieve the goals of these regulations. The vegetated area may include landscaping elements of surface stormwater treatments, green roofs and bioretention areas, or other Low Impact Development (LID) vegetated treatment alternatives. Within the coastal greenway, the plantings must include an appropriate mix of trees, shrubs, and ground covers selected from the CRMC/URI Coastal Plant list (See: http://cels.uri.edu/testsite/coastalPlants/CoastalPlantGuide.htm). Turf grasses should be low maintenance, drought-resistant varieties to minimize the need for irrigation.

b. Stormwater management: All new development and redevelopment proposals shall meet the stormwater requirements of §1.3.1(E) of this Subchapter, and as specified in the most recent edition of 250-RICR- 150-10-8 (Rhode Island Stormwater Manual) to control peak flow rates and volumes, and improve water quality. Communities should be implementing low impact development (LID) practices to meet the 2007 Cleaner Narragansett Bay Act (R.I. Gen. Laws Chapter 45-61.2), which requires LID as the primary means of managing and treating stormwater. Applicants shall incorporate low impact development techniques such as bioretention areas, stormwater infiltration planters, tree box filters, green roofs, vegetated filter strips, vegetated swales, subsurface gravel wetlands, porous asphalt, and other approved methods to the maximum extent practicable. Permeable paving materials, vegetated buffers, and infiltration techniques should be used where ever feasible to support infiltration and groundwater recharge. Applicants shall coordinate their stormwater management strategy with the CRMC, RIDEM, and the municipality of jurisdiction. CRMC and DEM will coordinate for compliance with any required DEM Water Quality Certification or RIPDES permits.

c. Open space - There are three aspects to open space designations of importance. First is the choice of the land that should be set aside and what qualities that land possesses, and second the links between the open space parcels that allow greenways throughout the area and improve the value of the land and mobility for residents. The third is the design of the designated areas that will ensure their long-term value. Land within a development that is proposed to be set aside as open space must exhibit most of the following criteria, or be shown to be significantly important for more than one of the criteria:

(1) Property that contains endangered, threatened, or ecologically significant species, or natural systems, and that is large enough to sustain the habitat for the species either by itself or combined with other protected property;

(2) Property that is valuable to the community as open space due to its proximity to developing areas, or its impact on a view corridor;

(3) Property that is valuable to a community because of its historical or cultural value or its proximity to an historically significant area;

(4) Property that includes or contributes to important wildlife habitat or wildlife corridors;

(5) Property with significant agricultural or forestry resources;

(6) Property with wetlands or flood plains and others necessary for the protection of water quality and water resources, including erosion control;

(7) Property that contains significant or unique ecosystems or natural features (geological hazards and formations could apply);

(8) Property which is adjacent to or in close proximity of land already preserved by federal, state, local, or other conservation agencies; and,

(9) Quality of the coastal beaches and adjacent estuarine habitat (or other unique ecosystem or natural feature).

d. Public access: When applicants choose the coastal greenway option the CRMC requires that shoreline and arterial public access pathways be provided by the applicant within the development site, as described in § 7.5(E) of this Part. Public access shall always be required:

(1) where the proposed project impacts public trust resources (i.e., submerged lands;

(2) on sites that have existing public access areas; and

(3) on CRMC-designated rights of way (ROW) or previous easements granted under §1.3.6 of this Subchapter.

e. Public access requirements may be waived for development activities subject to United States Coast Guard Maritime Security (MARSEC) jurisdiction or located within the secured perimeter of US Naval Station Newport.

f. Construction setback: A construction setback of 25 feet is required for all new and existing residential, commercial, mixed-use, and other structures to provide for fire, safety, and maintenance purposes. The setback is measured from the inland edge of the Coastal Greenway or buffer.

(1) At no time shall there be any private structures or encroachment into or above the Coastal Greenway. Examples of such include, but are not limited to, decks, patios, balconies, restaurant or café tables and chairs, or private accessory structures. Such structures or uses shall be located within the setback area or other portion of the project site. These limitations must be clearly stated within the deed restrictions and applicable ownership documents for the project.

(2) The setback may be reduced when the applicant can clearly demonstrate that the project and its subsequent use and maintenance will not result in the privatization of, or preclude public use of, the Coastal Greenway.

(3) The CRMC Executive Director may require additional setback when site conditions warrant, especially for areas susceptible to high erosion potential, to protect coastal resources or public safety.

B. Aquidneck Island coastal development zones

1. Each ACD zone is described in its applicable section below and shown on Figure 2 in § 7.1(K) of this Part.

2. ACD standards are applicable to all activities that meet the regulatory thresholds specified in § 7.4 of this Part.

3. The ACD Zone in which the development is located, as described below and shown in Figure 2 in § 7.1(K) of this Part, determines the applicable Coastal Greenway requirements.

C. General standards for coastal greenways

1. The coastal greenway shall begin at the inland edge of the coastal feature. The coastal feature, the applicable coastal greenway area, and construction setback must be clearly delineated on any site plans submitted for review to the CRMC.

2. Applicants may utilize an averaging method, where compensatory coastal greenway width is provided for a necessary reduction in greenway width in other areas of the site, provided the total square footage of the greenway area remains the same. This averaging provision shall only be used with CRMC approval and in cases involving existing historic buildings or where DEM-required site remediation necessitates a specific location for a new structure(s).

3. The boundaries of the coastal greenway easements shall be marked on all plans used for planning, permitting, and during construction. Additionally, the public access path and other public amenities (e.g., overlook, canoe or kayak launch, etc.,) must be clearly delineated on site plans submitted for review to the CRMC.

4. The coastal greenway shall have appropriate signage approved by the CRMC and the municipality, and its inland limits on all sites shall be marked on-site by permanent markers.

5. In the interest of public safety, project designs should facilitate the unobstructed observation of public spaces. These designs should:

a. Provide pedestrians with a sense of direction while giving them some visible indication as to where access is encouraged or restricted.

b. Provide a minimum number of access routes while allowing users some flexibility in movement.

c. Use shrubbery and low-level plantings (those which attain heights no greater than 3 feet) within 10 feet of footpaths, with the exception of appropriately spaced trees. Plants in managed landscapes should be graded such that taller plants are next to walls or other structures.

d. Avoid creating unused or unusable spaces or isolated pockets, except in areas designated for wildlife habitat.

e. Ensure that access opportunities enhance and complement shoreline observation opportunities.

f. Provide for emergency access to public spaces and areas.

g. Provide access for maintenance of stormwater treatment measures.

6. In order to ensure ease of access for emergency services, all projects shall be consistent with applicable municipal requirements. When hardened fire lanes are required, applicants are encouraged to use permeable paving materials (e.g., open grid pavers or other similar systems) that can be driven upon but also allow stormwater runoff infiltration.

7. Encroachment into the coastal greenway shall only be allowed by the CRMC for:

a. Public access;

b. Physical access to the coastal feature for public recreation;

c. Emergency vehicle access;

d. Public utility corridor maintenance;

e. Structural shoreline protection repair or maintenance activities; and f. Coastal greenway maintenance.

8. Project illumination: All exterior light fixtures shall use shielding and glare control devices to shield surrounding areas from excessive light trespass and glare.

9. All coastal greenways shall be dedicated for public use by way of a conservation easement granted to the CRMC that runs with the land and shall be recorded as such in the land evidence records of the applicable municipality.

D. Vegetation standards for all coastal greenways

1. The entirety of the coastal greenway shall be vegetated with the exception of approved public access pathways (as described in § 7.5(E) of this Part). The greenway shall be wholly vegetated and maintained with native plant communities and/or sustainable landscapes using a mixture of groundcover, shrubs, and trees. Stormwater from any public access path shall be directed into vegetated areas designed for stormwater treatment.

2. Site and greenway landscaping elements for projects listed on the National Register of Historic Places or eligible for inclusion, as determined by the RI Historic Preservation and Heritage Commission (RIHPHC), may be reduced or modified at the discretion of the CRMC Executive Director to bring the project more in compliance with RIHPHC requirements. The resulting landscape elements shall balance between the CRMC ACD policies and maintaining the historical context of the project, as determined by RIHPHC and the CRMC Executive Director.

3. The vegetation within a coastal greenway shall be properly managed in accordance with CRMC requirements. In cases where native vegetation does not exist within a proposed greenway, or invasive vegetation currently occurs on the site, the CRMC may require restoration that includes, but is not limited to, replanting the greenway with non-invasive native plant species. These species shall be an appropriate mix of trees, shrubs, and ground covers selected from the CRMC/URI Coastal Plant list (http://cels.uri.edu/testsite/coastalPlants/CoastalPlantGuide.htm). Turf grasses should be low maintenance and drought-resistant varieties to minimize the need for irrigation (place holder for URI Cooperative Extension protocol when available on website). The criteria for selection of appropriate non-invasive native species are:

a. ability to perform the desired function(s);

b. anticipated survival and hardiness given site conditions, with minimal (if any) application of pesticides and fertilizer;

c. high wildlife value; and

d. aesthetic value.

4. Coastal greenways shall be designed as native plant communities using noninvasive native species of vegetation in order to promote the CRMC's goal of preserving, protecting, and restoring ecological systems. The CRMC may permit alterations to a coastal greenway that facilitate the continued enjoyment of Rhode Island's coastal resources. All alterations to a greenway shall be conducted in accordance with the standards contained in this section, as well as all other applicable policies and standards of the CRMC. In order to ensure compliance with these requirements, the CRMC will require applicants to submit a coastal greenway management plan that details all maintenance activities that will be conducted within the coastal greenway.

5. Existing non-invasive vegetation, especially trees, shall be preserved within the coastal greenway to the maximum extent practicable. Removal of these species will be allowed only after the CRMC has reviewed and approved a coastal greenway management plan prepared by a RI-licensed landscape architect and in accordance with standards and specifications found in the Urban Coastal Greenway Design Manual (See: http://www.crmc.ri.gov/samp_mb/UCG-Design-Manual.pdf).

E. Public access standards for all coastal greenways

1. Wherever public access is provided, the following public access standards shall be met:

a. The public access component shall be located within the coastal greenway identified for the project. In certain cases, the CRMC may allow the public access component to be located within the construction setback or other portion of the site as conditions may require. Applicants, however, must ensure that the coastal greenway primary public access path on their development site connects with any existing coastal greenway or other public access paths on adjacent parcels.

b. The applicant's engineer must certify that public access paths and associated elements shall be compliant, where applicable, with the most recent version of the Americans with Disabilities Act (ADA) Standards for Accessible Design (See: http://www.usdoj.gov/crt/ada/stdspdf.htm).

c. The CRMC requires that all new multi-residential, commercial, and mixed-use developments provide primary (alongshore) public access within the coastal greenway. These primary public access pathways shall be a minimum of eight (8) feet in width to accommodate pedestrians, but may be wider if designed to accommodate both pedestrian and bicycle access. Projects must design the coastal greenway to provide an extension of adjacent existing pedestrian or bicycle pathways, if consistent with a municipal or state pedestrian or bike path access plan.

d. All public access pathways should be constructed of a pervious surface. In those cases where pathways are constructed of impervious materials for bicycle access or to be consistent with existing adjacent impervious surface paths, then the project must include stormwater treatments to minimize stormwater runoff, as described in the Urban Coastal Greenway Design Manual. Public access paths shall be designed to have a relatively flat profile and cross section to prevent stormwater runoff from eroding the path surface or adjacent soils. When paths are located directly adjacent to the coastal feature, they should be angled slightly to cause stormwater runoff to flow inland for treatment (e.g., bioretention area), rather than toward the coastal shoreline feature.

e. Each parcel with a coastal greenway shall include at least one secondary (arterial or perpendicular) access path leading to the linear greenway public access path, unless adjoining parcels share a secondary public access path as described in § 7.5(E)(g) of this Part.

(1) The access path must emanate from a public place. The secondary access path should be a minimum of eight (8) feet in width to accommodate pedestrian traffic, but may be up to twenty (20) feet in width when emergency vehicle access is necessary. In the latter case, the pathways must be capable of supporting emergency and maintenance vehicles.

(2) The secondary access path shall connect sidewalk traffic with the alongshore coastal greenway path, and may be a meandering path, as long as erosion is minimized. All public access pathways shall be recorded within the land evidence records and shall run with the land. The limited liability provision stated in §1.3.6 of this Subchapter shall apply to these public access pathways.

f. Each coastal greenway must include adequate provisions for emergency vehicle access paths from the nearest street to the shoreline. These vehicular paths should be constructed of a permeable surface capable of supporting emergency vehicles.

g. Each project must provide at least one secondary public pedestrian or vehicular access pathway per 500 linear feet of shoreline. Adjoining parcels may share secondary pedestrian or vehicular access paths on their shared boundary, where applicable. The CRMC may waive the 500-foot secondary pathway standard if the applicant provides ten (10) percent more public parking spaces than required in § 7.5(E)(1)(h) of this Part, and can demonstrate that there is adequate available secondary public access.

h. In order to facilitate public access to the shoreline, each development with a coastal greenway shall include a minimum of two (2) public parking spaces adjacent to an access point or incorporated within a project, and an additional space per 100 linear feet of shoreline (where "linear" refers to the shortest distance between lot boundaries) within the parcel. This requirement may be satisfied by a single designated parking area with the required number of parking spaces at a coastal greenway access point, but must be located no farther than 200 feet from a coastal greenway access point. The placement of the public parking spaces shall be decided in consultation with the CRMC and the municipality of jurisdiction. In cases where the project is directly adjacent to public parking, (defined as on-street parking and off-street parking available to the general public), such spaces may be included for purposes of satisfying the public parking requirements of this section i. Acknowledgement of existing public access - The CRMC may allow reduced public access requirements within lots containing preexisting public access, provided there is no net loss of access and the following standards are met:

(1) Where existing public access pathways and 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 coastal greenway secondary public access requirements. The road(s) must be usable for pedestrian and/or emergency vehicle access, as appropriate.

F. Stormwater standards for all coastal greenways

1. The CRMC requires the use of low impact development (LID) techniques that distribute infiltration methods throughout the development site to the maximum extent practicable. These LID techniques may include, but are not limited to:

a. Minimization measures including decreased clearing and grading or reducing the use of pipes, curbs, and gutters;

b. Using alternative surfacing materials such as gravel, cobble, wood mulch, grass pavers, turf blocks, natural stone, and concrete pavers in cross walks, for example;

c. Discharge stormwater runoff into open drainage systems, vegetative swales, and other bioretention areas to slow runoff, reduce discharge volumes, and encourage greater infiltration and evaporation;

d. Integration of, bioretention, biofiltration, storage, and capture of runoff systems into the site;

e. Planting large trees within a designated coastal greenway and the site in general to promote evapotranspiration, restore forests, provide scenic relief, and vegetative screening;

f. The installation of green roofs to retain and naturally filter stormwater runoff;

g. The use of cisterns to temporarily store rainwater that can subsequently be used for irrigation of the property or reused within the building; and h. The incorporation of rain gardens or other bioretention systems.

2. Stormwater treatment should, where possible, be designed to constitute a landscape amenity. Applicants should meet this goal primarily through vegetative means, in part by incorporating land shaping to create bioretention areas capable of treating runoff. When site topography necessitates non-LID methods and other non-vegetated means of stormwater treatment, these structures must be located within the setback or other portion of the project site, and not within the coastal greenway.

3. Untreated stormwater runoff shall not drain directly into coastal waters. Runoff shall be detained and slowly released through the use of best management practices (BMPs), as outlined in the Urban Coastal Greenway Design Manual (See: http://www.crmc.ri.gov/sampmb/UCG-Design-Manual.pdf). Projects shall meet the stormwater management requirements in §1.3.1(F) of this Subchapter, and as specified in the most recent edition of 250-RICR- 150-10-8 (RI Stormwater Design and Installation Standards Manual), to control peak flow rates and volumes, improve water quality, and discharge non-erosively to tidal waters. Applicants shall incorporate LID techniques such as filter strips, vegetated swales, bioretention areas, stormwater infiltration planters, green roofs, etc. to the maximum extent practicable. LID techniques may be located within the coastal greenway provided they are well landscaped and create a public amenity.

4. All stormwater management techniques shall have a maintenance plan submitted as part of the CRMC application package. Maintenance provisions shall be tailored to the specific stormwater management techniques that are proposed for the site, and shall include maintenance practices and frequency.

G. Structural shoreline protection standards for coastal greenways

1. Riprap revetments shall be constructed with appropriately sized quarry stone in accordance with the standards specified in §1.3.1(G) of this Subchapter. The revealed base of a revetment shall not be further seaward than the mean high water line (MHWL). Revetments should be designed to account for sea level rise (See §1.1.10 of this Subchapter).

2. Existing shoreline protection structures may be utilized where consistent with §1.3.1(N) of this Subchapter. The historic value of structural shoreline protection shall be preserved or restored wherever feasible.

3. When the CRMC finds seawall structural shoreline protection to be necessary, construction materials other than steel shall be used wherever possible. When steel is necessary, the seawall shall be faced with a similar material used for other seawalls (e.g., granite blocks) in the vicinity for consistency of appearance. Additionally, seawalls should be designed to account for sea level rise (See §1.1.10 of this Subchapter).

4. When structural shoreline protection is deemed necessary, all such structures must meet the requirements of §1.3.1(G) of this Subchapter. To protect revetment structural integrity, trees must not be planted directly on the revetment, but may be planted on vegetated slopes above the revetment. No stormwater treatment or public access shall be included upon the revetment.

5. Terracing is permissible within the coastal greenway and setback, however, all slopes within the coastal greenway must be properly stabilized and vegetated (See Figure 3 in § 7.5(G)(5) of this Part). Rip-rap or other armored slopes shall not be incorporated as part of the greenway. Accordingly, revetments or other armored slopes shall be located seaward or landward of the coastal greenway. In addition, all slope designs and treatments may be designed as specified in the Rhode Island Soil Erosion and Sediment Control Handbook (2016). See: http://www.dem.ri.gov/programs/bnatres/water/pdf/riesc-handbook16.pdf.

a. Figure 3: Hypothetical site plan showing a vegetated revetment on a site with parking on the ground level of the new structure. Drawing by Thomas VanHollebek, URI Coastal Resources Center/Rhode Island Sea Grant.

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b. Figure 4: Hypothetical site plan showing a terraced coastal greenway. Drawing by Thomas VanHollebeke, URI Coastal Resources Center/Rhode Island Sea Grant.

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H. Prohibitions

1. Upon completion of a p roject (or phase of a project) and its required coastal greenway, the following activities and uses shall be prohibited within the greenway:

a. Petrochemical storage;

b. Storage of other hazardous materials;

c. Private parking or automobile storage within the Coastal Greenway;

d. Application of chemicals (e.g., pesticides, fertilizers, etc.) that have not been approved by the CRMC;

e. Storage or stockpiling of mulch, compost, or other organic materials;

f. Storage or stockpiling of construction materials;

g. Fueling and servicing of equipment and other motorized vehicles; and

h. Recycling of construction materials.

2. No structure, building, roof, or skywalk may be constructed over tidal waters, with the exception of public infrastructure or public access in accordance with the requirements set forth in §1.1.8 of this Subchapter. See § 7.3(B)(5) of this Part for water-dependent use exemption.

3. At no time shall any residential or commercial activity encroach upon or usurp the full use and enjoyment of the coastal greenway. This includes the placement of decks, patios, or restaurant/cafe tables, even on a temporary basis, within the coastal greenway.

4. Prohibitions may only be relieved through Special Exceptions, granted by the CRMC in accordance with §1.1.8 of this Subchapter.