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-20-00-5.2 - Definitions

Current through June 14, 2024
A. Definitions for this Part are as follows:
1. "Area of particular concern" or "APC" zone
				  means areas within the Metro Bay SAMP boundary that have been identified either
				  as highly significant habitats (High Priority Conservation or Restoration
				  Areas) or as areas of significant recreational value. The conservation,
				  restoration, and recreation designations were identified using a ranking system
				  that includes habitat quality, use of the site by wildlife, presence of rare
				  species, geographic relationships (i.e., contiguous parcels with habitat
				  value), and restoration potential. The APC Zone is delineated in the Urban
				  Coastal Greenway Zone Map (Figure 2 in §
											5.4 of this Part), and the
				  ranking system is described in §
											5.16(C)
				  (Appendix 3) of this Part.
2.
				  "Capital center district" or "CCD" means the area established in the City of
				  Providence Code of Ordinances that is bounded by I-95, Smith Street, Francis
				  Street, Gaspee Street, Canal Street, Steeple Street, Exchange Terrace, and West
				  Exchange Terrace.
3. "Coastal
				  buffer zone" is a regulatory feature that requires a naturally vegetated area
				  that must be retained in a natural, undisturbed condition, or properly managed
				  in accordance with the standards contained in §1.1.11 of this Subchapter.
				  In cases where native vegetation does not exist within a buffer zone, the
				  Council may require restoration efforts which include, but are not limited to,
				  replanting the coastal buffer zone with native plant species.
4. "Coastal wetlands" include salt marshes
				  and freshwater or brackish wetlands contiguous to salt marshes or
				  physiographical features as defined in §1.2.2(D) of this Subchapter. Areas
				  of open water within coastal wetlands are considered a part of the wetland. In
				  addition, coastal wetlands also include freshwater and/or brackish wetlands
				  that are directly associated with non-tidal coastal ponds and freshwater or
				  brackish wetlands that occur on a barrier beach or are separated from tidal
				  waters by a barrier beach.
5.
				  "Compensation" means a required action by an applicant that wishes to reduce
				  the width of an urban coastal greenway below the standard width for the
				  applicable UCG zone. Any reduction in UCG width below that standard requires
				  compensation for the lost urban coastal greenway area as described in §
											5.13 of this Part.
6. "Construction setback" means a minimum
				  distance between a shoreline feature, buffer zone, or urban coastal greenway
				  and construction activities.
7.
				  "Council" or "CRMC" or "RICRMC" means the Rhode Island Coastal Resources
				  Management Council.
8.
				  "Development" means the construction of new commercial, industrial, or
				  residential structures, as defined in §1.3.1(C) of this Subchapter for the
				  purposes of the urban coastal greenway requirements. This also includes
				  structures accommodating a mix of uses within a single development, building,
				  or tract, as allowed by a municipality. Other activities subject to RICRMC
				  jurisdiction may be contained within the RICRMP definition of
				  development.
9. "Development zone"
				  means areas that have been specifically designated for high-density development
				  by the local municipality or the state. Many parcels within this zone are
				  formerly filled tidelands. This zone also incorporates large parcels within the
				  Metro Bay SAMP boundary that may have been primarily industrial in their former
				  use(s) and are therefore constrained by the existence of utility corridors and
				  their associated easements, and/or the need for brownfield remediation prior to
				  development. The boundaries of this Zone are identified on the Urban Coastal
				  Greenway Zone Map (Figure 2 in §
											5.4(K) of
				  this Part)
10. "High priority
				  conservation areas" or "HPCA" means those areas identified by the RICRMC as
				  parcels or areas within the metro bay region that should be preserved for their
				  habitat value.
11. "High priority
				  restoration areas" or "HPRA" means those areas identified by the RICRMC as
				  parcels within the metro bay region that should be restored for their habitat
				  value.
12. "Inland edge" means the
				  boundary of a coastal feature, urban coastal greenway, or buffer zone that
				  directly abuts an upland area.
13.
				  "Inner harbor and river zone" or "IHRZ" means a zone that incorporates
				  extensively developed areas where, on the majority of parcels, public
				  infrastructure (i.e., roads and/or sidewalks) already exists between the
				  coastal feature and the proposed development at the time of promulgation of the
				  Urban Coastal Greenway Regulations. The Inner Harbor and River Zone (IHRZ)
				  specifically encompasses the area upriver and inland from the Providence
				  hurricane barrier and along the Woonasquatucket and Moshassuck Rivers,
				  including the Capital Center District (CCD), to the extent of the Metro Bay
				  SAMP boundary as depicted in the Urban Coastal Greenway Zone Map (Figure 2 in
				  §
											5.4(K) of
				  this Part). The CCD is defined as the area bounded by I-95, Smith Street,
				  Francis Street, Gaspee Street, Canal Street, Steeple Street, Exchange Terrace,
				  and West Exchange Terrace, and shown on Figure 2 herein.
14. "Mitigation" means as described in §
											5.10 of this Part and is
				  required whenever an applicant chooses not to include public access within a
				  development or redevelopment project that triggers the urban coastal greenway
				  regulations. Mitigation is not equivalent to "compensation", and therefore it
				  is possible that both mitigation and compensation could be required within a
				  single project.
15. "Low impact
				  development" or "LID" means planning and engineering techniques for stormwater
				  management that emphasize conservation and the use of vegetative features to
				  meet water quality goals (See §5.5.1(F) of this Part for specific LID
				  techniques).
16. "Managed
				  landscape" means for the purposes of the urban coastal greenways policy a
				  vegetated area within a buffer zone or urban coastal greenway where limited
				  landscaping practices are allowed. These practices may include the removal of
				  non-native invasive plants, restorative plantings of native and sustainable
				  plant species and the pruning, trimming, and selective cutting of vegetation
				  designed to manage habitat, maintain scenic view-sheds, and preserve shoreline
				  access. Managed landscapes should also provide for infiltration of stormwater
				  and the minimization of erosion. Activities not allowed in managed landscapes
				  include:
a. clear-cutting of vegetation
				  (except as part of an RICRMC-approved habitat restoration or public access
				  plan);
b. the establishment of
				  lawns (except in areas designated for public access and recreation);
c. the application of fertilizers, herbicides
				  and pesticides (except as specifically allowed by an RICRMC-approved managed
				  landscape plan); and d. any other activities which the RICRMC determines are
				  incompatible with the functions and values of buffer zones and established
				  urban coastal greenways.
17. "Metro bay region" means the northern
				  region of Narragansett Bay, encompassed within the boundaries of the metro bay
				  special area management plan or SAMP. The SAMP boundary stretches north from
				  the southern tip of Pawtuxet Neck in Cranston to Main Street in Pawtucket, then
				  around the bay to the East Providence water pollution control facility at Crest
				  Avenue. The boundary also includes the Woonasquatucket River tidal portion to
				  Atwells Avenue and the Moshassuck River to Orms Street. The municipalities
				  contained within the metro bay region are Pawtucket, East Providence,
				  Providence, and Cranston.
18.
				  "Multi-residential development" means any residential development designed or
				  used to house three or more families.
19. "Native, non-invasive vegetation" means
				  those species that grew naturally (outside of cultivation) in this region prior
				  to European colonization (URI Cooperative Extension, 1999) and do not grow so
				  rapidly that they become difficult to maintain. Native species are well
				  acclimated for local climatic and soil conditions, and often require less
				  frequent replacement and maintenance than non-native species. Native vegetation
				  also provides habitat for wildlife species that depend upon native plant
				  communities for all or part of their life cycle. An assemblage of native
				  non-invasive plants is referred to as a native plant community.
20. "Non-stormwater management wetlands"
				  means those wetlands that provide the recognized functions and values of
				  natural wetlands systems, rather than wetlands designed specifically for a
				  stormwater treatment function. These natural wetlands functions and values
				  include: wildlife and food web support; wildlife habitat; water quality
				  enhancement; recreation; aesthetics; and shoreline anchoring.
21. "Primary public access path" means a
				  linear public access along the length of the shoreline, as part of an Urban
				  Coastal Greenway.
22. "Providence
				  harbor" refers to the harbor area surrounded by and incorporating waterfront
				  areas of the municipalities of Providence, East Providence, and
				  Cranston.
23. "Public roads" means
				  existing, usable public throughways. This does not include streets that have
				  been planned, but not yet constructed.
24. "Redevelopment" means any alteration or
				  reconstruction of existing commercial, industrial, or residential
				  structures.
25. "Residential zone"
				  means the area south from the Johnson and Wales University Campus in Cranston
				  to the southern tip of Pawtuxet Neck, in addition to some areas of Providence
				  and East Providence, as shown in the Urban Coastal Greenway Zone Map (Figure 2
				  in §
											5.4(K) of
				  this Part), and is predominantly composed of single and two-family
				  residences.
26. "RICRMP" means the
				  Rhode Island Coastal Resources Management Program - Redbook (Part 1 of this
				  Subchapter), as amended.
27.
				  "Secondary public access path" means an arterial or perpendicular public access
				  to a coastal feature, as part of an Urban Coastal Greenway.
28. "Shoreline" or "coastal feature" means a
				  natural or artificially constructed physical feature of the shoreline as
				  defined in §1.2.2 of this Subchapter.
29. "Shoreward edge" means the boundary of a
				  coastal feature, coastal buffer zone, urban coastal greenway zone, or
				  development site that faces away from the upland area.
30. "Standard urban coastal greenway width"
				  means the maximum urban coastal greenway width required for a project. The
				  standard width varies by UCG zone.
31. "Sustainable vegetation" means
				  non-invasive native plants, as described above, as well as other (non-native)
				  non-invasive plants that require low inputs of pesticides, fertilizers, water,
				  and maintenance. Refer to the Urban Coastal Greenway Design Manual for a list
				  of appropriate plantings. An assemblage of sustainable plants is referred to as
				  a sustainable landscape.
32. "Urban
				  coastal greenway" or "UCG" means a land area that:
a. is located with the Metro Bay Region and
				  adjacent to a coastal (shoreline) feature on a development site;
b. is, or will be, appropriately vegetated to
				  provide native plant communities and/or sustainable landscapes which serve as a
				  natural transition zone between the coast and adjacent upland
				  development;
c. provides public
				  access adjacent to the shoreline; and d. is established and managed to protect
				  aquatic, wetland, shoreline, and terrestrial environments from man-made
				  disturbances and coastal flood hazards, while allowing for coastal economic
				  development.
33. "Urban
				  coastal greenway design manual" means a CRMC reference guide that provides
				  information regarding urban coastal greenway design options and resources. See:
http://www.crmc.ri.gov/samp_mb/UCG-Design-Manual.pdf
.
34. "Urban coastal greenway management plan"
				  means a CRMC-approved document that specifies the property owner's required
				  best management practices for urban coastal greenway maintenance and
				  management.
35. "Vegetated buffer
				  zone" means a land area that provides a vegetated transition zone composed of
				  native plant communities and/or sustainable landscapes between a waterway and
				  developed land. Native plant communities are often preferred in areas
				  identified for wildlife habitat while sustainable landscapes often support
				  recreation and water quality treatment in areas where wildlife habitat is not a
				  priority. Site development strategies shall be discussed with the CRMC prior to
				  site plan development.
36. "Water
				  quality volume" means the quantity of water that must be captured for water
				  quality treatment by a stormwater management system. The specific requirements
				  for water quality volume are established in the RIDEM Rhode Island Stormwater
				  Design and Installation Standards Manual, as amended.