Section 650-RICR-20-00-5.2 - DefinitionsA. 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.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.650 R.I. Code R. 650-RICR-20-00-5.2