Rhode Island Code of Regulations › Title 650 - Coastal Resources Management Council › Chapter 20 - Coastal Management Program › Subchapter 00 - N/A › Part 7 - Aquidneck Island SAMP Coastal Development Regulations › Section 650-RICR-20-00-7.5 - Aquidneck Island SAMP Coastal Development Standards (formerly section 150)

Current through June 14, 2024
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.