Section 650-RICR-20-00-7.3 - Aquidneck Island SAMP Coastal Development Policies (formerly section 130)A. CRMC Jurisdiction - The CRMC herein establishes the Aquidneck Island Coastal Development (ACD) policy specifically for projects located within the Aquidneck Island SAMP boundary (See Figure 1 in § 7.1(J) of this Part). These provisions will be applied only to those upland projects or upland portions of projects located within CRMC jurisdiction located either on a coastal shoreline feature or the 200-foot contiguous area adjacent to a coastal shoreline feature to ensure compliance with the Coastal Resources Management Program and applicable policies and standards of the AI SAMP. The policies herein include provisions for implementing a coastal greenway in lieu of a standard CRMC buffer. Therefore, applicants for projects abutting the shoreline will have a choice of either following the setback and buffer requirements as set forth in §§1.1.9 and 1.1.11 of this Subchapter or adhering to the coastal greenway requirements as described below. Coastal properties within CRMC jurisdiction that do not directly abut the shoreline are not eligible for a coastal greenway, but must adhere to all other applicable AI SAMP provisions such as stormwater and vegetative cover requirements. Further, these ACD regulations, when applicable and as determined by CRMC, will supersede Table 2 in §1.1.5 of this Subchapter and §§1.1.6, 1.1.9, 1.1.11, 1.3.1(B), 1.3.1(G), 1.3.3, and 1.3.4 of this Subchapter. All other RICRMP (Part 1 of this Subchapter) requirements shall remain in full force and effect. 1. Notwithstanding the preceding, a Council Assent is required for any alteration or activity that is proposed on tidal waters; shoreline features; and areas contiguous to shoreline features. Contiguous areas include all lands and waters directly adjoining shoreline features that extend inland two hundred (200) feet from the inland border of that shoreline feature. A Council Assent is required for any alteration or activity any portion of which extends onto the most inland shoreline feature or its 200 foot contiguous area. Other activities may also require a Council Assent as specified in §1.1.4 of this Subchapter.2. All federal activities are subject to federal consistency review in accordance with §1.3.7 of this Subchapter.3. Specific activities that trigger the Aquidneck Island coastal greenway requirements are explained in § 7.4 of this Part.B. Coastal greenway 1. A "coastal greenway" is defined in § 7.2(A)(2) of this Part.2. The Coastal Greenway begins at the inland edge of the coastal shoreline feature.3. At minimum, all applicants shall adhere to the CRMC requirements for setbacks and buffers as specified in §§1.1.9 and 1.1.11 of this Subchapter. An applicant, however, may choose to use the Coastal Greenway option, as specified herein.4. The establishment of a Coastal Greenway is based upon the CRMC's legislative mandate to preserve, protect, develop, and where possible, restore Rhode Island's coastal resources.5. The Coastal Greenway setback and vegetation requirements may be reduced or waived on a site-specific basis for CRMC-approved water-dependent uses (e.g., docks, marina facilities, etc.), as described in the CRMP.C. Coordinated Review Procedures 1. State law requires municipalities to review major land development and major subdivision projects in compliance with the provisions of R.I. Gen. Laws Chapter 45-23, also known as the "Rhode Island Land Development and Subdivision Review Enabling Act of 1992." The Act requires municipalities to hold a pre-application meeting prior to Master Plan approval with applicable state agencies, including the CRMC when proposed projects are within coastal jurisdiction. The municipal pre-application meeting assists developers to understand local and state regulatory requirements pertinent to the proposed project.2. The CRMC provides comments under this local pre-application meeting process in the form of a Preliminary Determination (PD), which details how the proposed project complies, or not, with the Coastal Resources Management Program (CRMP) and the requirements of any applicable SAMP. Deficiencies, if any, are detailed in the PD with recommendations for modifying the proposed project prior to submitting a full application for a CRMC Assent. This CRMC Preliminary Determination process helps developers to design, and modify where necessary, a proposed project for conformance with the CRMP. The PD is issued to the applicant with a copy sent to the local municipality of jurisdiction. Once the PD is issued, the applicant may then proceed with an application for a CRMC Assent. As soon as the CRMC Assent is issued, the applicant may then file with the local municipality for Preliminary Plan approval.D. Project phasing - A project phasing plan for all multi-phase projects shall be a requirement of the permit application submittals and approval by the CRMC.E. Conservation development - The CRMC recommends the use of conservation development techniques for projects on large parcels of land. Natural resource inventories (e.g., coastal and freshwater wetlands, rare species habitat, etc.) should be conducted to identify critical resources not suitable for development on any lands proposed for development. Protective covenants (conservation easements or deed restrictions) should be implemented prior to project construction and recorded in the land evidence records to protect these critical resources.F. Coastal and freshwater wetlands - All coastal wetlands, including salt marshes that are located within the Aquidneck Island SAMP will be subject to the policies and standards in §1.2.2(D) of this Subchapter. In those cases where impacts to coastal wetlands are unavoidable and approved by the CRMC, coastal wetland mitigation shall be conducted in accordance with §1.3.1(L) of this Subchapter. Projects involving impacts or potential impacts to freshwater wetlands within the Aquidneck Island SAMP boundary shall be subject to either the CRMC's Rules and Regulations Governing the Protection and Management of Freshwater Wetlands in the Vicinity of the Coast or the DEM Freshwater Wetland Rules, depending upon where the freshwater wetland is located. The CRMC and DEM have shared jurisdiction over freshwater wetlands in the state in accordance with R.I. Gen. Laws Chapter 46-23 (See: freshwater wetlands jurisdiction map at: http://www.arcgis.com/home/webmap/viewer.html). The CRMC's policy is to first avoid, minimize, and when necessary, mitigate for any potential adverse impact to coastal or freshwater wetlands.G. High priority conservation and restoration areas - High priority conservation areas (HPCA) and high priority restoration areas (HPRA) are shown within the AI SAMP boundary in Appendix A. HPCA are those sites with high habitat value and are ranked from C4 (highest quality habitats) to C1. Likewise, HPRA are sties suitable for restoration, with habitat value ranking of R3 (highest priority restoration) to R1. High priority habitat areas shall be preserved to the greatest extent possible, and shall also be afforded a higher level of protection. Fragmentation of the Coastal Greenway corridor (specifically the alongshore component) shall be avoided wherever possible.H. Open space and public access - The primary goal/standard for any development project along the shoreline must be a requirement to provide public access to and along the shoreline within the project property boundary. This would include all commercial projects (might need alternative path routing for industrial marine center at Melville), mixed-use projects, and all public (municipal, state or federal) projects, including roadway improvements. For example, should the Shoreline Drive be subject to disposition by the Navy, subsequent redevelopment of the roadway by RIDOT must provide for public access from the roadway to the shoreline and a pedestrian/bike pathway along the shoreline side of the roadway. Areas identified as high hazard flood areas (V-zones) should be preserved as open space to minimize or eliminate risk susceptibility for new development in those areas.I. Visual elements - The scenic and visual qualities of the West Side of Aquidneck Island coastal area shall be considered and protected as a resource of public priority. Development should be sited and designed to protect views to and along coastal areas, minimize the alteration of natural land forms, be visually compatible with the character of surrounding areas, and, where feasible, restore and enhance visual quality in visually degraded areas in accordance with §1.3.5 of this Subchapter. Detailed landscape plans and artist renderings are helpful to aid the CRMC in project review.650 R.I. Code R. 650-RICR-20-00-7.3
Amended effective 12/17/2018