Section 250-RICR-150-10-8.12 - Minimum Standard 6: Redevelopment and Infill ProjectsA. Redevelopment does not apply to projects or portions of projects when the total existing impervious area disturbed is less than 10,000 square feet. However, specific regulatory programs may impose additional requirements. Any creation of new impervious area over portions of the site that are currently pervious is required to comply fully with the requirements of this Part. In no case on a redevelopment project shall the levels of stormwater treatment and recharge be less than the levels prior to initiation of the proposed project. 1. The permitting authority may take into consideration prior projects or multiphase projects in determining if the redevelopment threshold has been met.2. Building demolition is included as an activity defined as redevelopment, but building renovation is not.3. Removal of roadway materials down to the erodible soil surface is an activity defined as redevelopment, but simply resurfacing of a roadway surface is not.4. Pavement excavation and patching that is incidental to the primary project purpose, such as replacement of a collapsed storm drain, is not classified as redevelopment.B. Redevelopment Stormwater Requirements: In order to determine the stormwater requirements for redevelopment projects, the percentage of the site covered by existing impervious areas must be calculated. 1. For sites with less than 40% existing impervious surface coverage, the stormwater management requirements for redevelopment will be the same as for new development. The applicant, however, can meet those requirements either on-site or at an approved off-site location within the same watershed provided the applicant satisfactorily demonstrates that impervious area reduction, LID strategies, and/or structural BMPs have been implemented on-site to the maximum extent practicable. An approved off-site location must be identified, the specific management measures identified, and an implementation schedule developed in accordance with local review and with DEM/CRMC concurrence, as appropriate. The applicant must also demonstrate that there are no downstream drainage or flooding impacts as a result of not providing on-site management.2. For redevelopment sites with 40% or more existing impervious surface coverage, only Standards 2, 3, and 7-11 (§§ 8.8, 8.9 and 8.13 through 8.17 of this Part) must be addressed. However, the approving agency may require peak flow control on a case-by-case basis within a watershed with a history of flooding problems. Recharge and stormwater quality shall be managed for in accordance with one or more of the following techniques:a. Reduce existing impervious area by at least 50% of the redevelopment area;b. Implement other LID techniques to the maximum extent practicable to provide recharge and water quality management for at least 50% of the redevelopment area;c. Use on-site structural BMPs to provide recharge and water quality management for at least 50% of redevelopment area;d. Any combination of impervious area reduction, other LID techniques, or on-site structural BMPs for at least 50% of redevelopment area; ore. If none of the above options are practical in terms of water quality management, alternatives may be proposed that would achieve an equivalent pollutant reduction by using a combination of other types of BMPs and strategies, including treating 100% of the redevelopment area by BMPs with a lesser pollutant removal efficiency than stipulated in § 8.9 of this Part (Standard 3: Water Quality).3. Off-site structural BMPs to provide recharge and water quality management for an area equal to or greater than 50% of redevelopment areas may be used to meet these requirements provided that the applicant satisfactorily demonstrates that impervious area reduction, LID strategies, and/or on-site structural BMPs have been implemented to the maximum extent practicable. An approved off-site location must be identified, the specific management measures identified, and an implementation schedule developed in accordance with local review and with DEM/CRMC concurrence, as appropriate. The applicant must also demonstrate that there are no downstream drainage or flooding impacts as a result of not providing on-site management for large storm events.C. Infill Project Stormwater Management Requirements: For infill sites, the stormwater management requirements will be the same as for new development except that existing impervious area may be excluded from the stormwater management plan (unless subject to local approval or necessary for mitigation by regulation) and only Standards 2, 3, and 7-11 (§§ 8.8, 8.9 and 8.13 through 8.17 of this Part) need be applied. The applicant, however, can meet the recharge and water quality requirements either on-site or at an approved off-site location within the same watershed, provided the applicant satisfactorily demonstrates that impervious area reduction, LID strategies, and/or structural BMPs have been implemented on-site to the maximum extent practicable. An approved off-site location must be identified, the specific management measures identified, and an implementation schedule developed in accordance with local review and with DEM/CRMC concurrence, as appropriate. The applicant must also demonstrate that there are no downstream drainage or flooding impacts as a result of not providing on-site management.250 R.I. Code R. 250-RICR-150-10-8.12
Amended effective 11/13/2018