Section 650-RICR-20-00-5.4 - Urban Coastal Greenway Policies (formerly section 130)A. The Council herein establishes an Urban Coastal Greenway (or "UCG") policy specifically for projects to be located exclusively within the Metro Bay SAMP boundary, and within the RICRMC jurisdiction of 200 feet inland from the coastal feature.B. The establishment of an Urban Coastal Greenway is based upon the RICRMC's legislative mandate to preserve, protect, develop, and where possible, restore Rhode Island's coastal resources.C. The Urban Coastal Greenway policy allows flexibility for urban sites that is different from the requirements of the RICRMP by four main tenets: 1. The Urban Coastal Greenway policy allows the implementation of a sustainable landscape using plantings that are designed and managed for an urban environment.2. The UCG policy strongly encourages a public access component that integrates the need for urban shoreline access with the spatial constraints of urban lots.3. The UCG policy allows for compact greenways provided the applicant meets the compensation requirements in § 5.13 of this Part. Compensation options will be available at such time as the Rhode Island General Assembly establishes a compensation statute; reductions in regulatory requirements provided by the compensation provision are not available until the trust is set up.4. The UCG policy encourages low impact development (LID) stormwater management techniques that improve water quality and enhance the developer's ability to maximally utilize an urban lot.D. It is the intent of this policy to establish a program that protects these ecological, economic, recreational, historic, cultural, and aesthetic values to the greatest extent practicable. The "Urban Coastal Greenway" program consists of a management area designed to accommodate development on the urban coastlines of the Metro Bay Region (see Figure 2 of § 5.4(K) of this Part), while still meeting the mandates of the Coastal Zone Management Act. The purposes of the Urban Coastal Greenway Policy are: 1. to preserve, protect, restore, and enhance the overall quality of Narragansett Bay's urban coastal waters;2. to capture nutrients, sediment and other waterborne pollutants from surface runoff;3. to minimize flood impacts and shoreline erosion;4. to protect, preserve, enhance, and restore coastal fish and wildlife habitat;5. to preserve and enhance the experiences available along the urban coast;6. to achieve responsible shoreline development that will allow a mixture of land uses (residential, recreational, commercial, and industrial) that orient to northern Narragansett Bay, including the Seekonk and Providence Rivers;7. to preserve, enhance, or create an aesthetically pleasing view from the water, as well as from opposing shorelines;8. to maintain the accessibility and natural habitat of the Metro Bay regional shoreline, as well as access to established pedestrian and bicycle trails; and9. to provide safe public access to and along the shoreline.E. While each of the purposes mentioned above will be considered in the establishment of Urban Coastal Greenways, the preeminent goals of this UCG policy are to prevent further degradation of coastal waters by treating stormwater (through vegetative means where possible), to protect and/or restore coastal habitats, and to ensure public access to the urban shoreline while preserving an aesthetically appealing view from both the water and the shore. In addition, the UCG policy offers a mechanism to encourage thoughtful economic development of the Metro Bay Region shoreline in a way that contributes to the CRMC's goals of enhancing the natural, recreational, and industrial history of the region.F. The goals of the Urban Coastal Greenway Policy will be met through the application of the regulations herein. Please refer to §5.5.1 of this Part for the available coastal buffer options. §§ 5.6 through 5.9 of this Part define the requirements of the Urban Coastal Greenway policy for each particular zone. § 5.12 of this Part describes the policies and standards for Urban Coastal Greenways on RIDEM-designated brownfield sites, while § 5.13 of this Part describes the compensation options available in exchange for a reduction in UCG width. Compensation options will be available at such time as the Rhode Island General Assembly establishes a compensation statute; reductions in regulatory requirements provided by the compensation provision are not available until the trust is set up. These regulations, when applicable and as determined by RICRMC, will supersede applicable sections of Table 2 of § 1.4 of this Subchapter and §§1.1.5, 1.1.8, 1.1.10, 1.3.1(B), 1.3.1(G), 1.3.3, and 1.3.4 of this Subchapter. All other RICRMP requirements shall remain in full force and effect.G. High priority conservation and restoration areas (formerly §130.2) 1. High Priority Conservation Areas (HPCAs) and High Priority Restoration Areas (HPRAs) have been designated within the Metro Bay SAMP boundary as described in §5.20 of this Part, and graphically depicted in §5.21 of this Part. HPCAs are those sites with habitat quality rankings of C4 (highest quality habitat) to C1. Likewise, HPRAs are sites suitable for restoration, with habitat quality rankings of R3 (highest priority restoration) to R1. High priority habitat areas shall be preserved and enhanced to the greatest extent possible, and shall also be afforded a higher level of protection. Fragmentation of the Urban Coastal Greenway corridor (specifically the alongshore component) shall be avoided wherever possible and the development of contiguous habitats will be required wherever possible.H. Coastal and freshwater wetlands (formerly §130.3) 1. All coastal wetlands, including salt marshes that are located within the Metro Bay Region, 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 Council, 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 Metro Bay Region shall be subject to the Council's "Rules and Regulations Governing the Protection and Management of Freshwater Wetlands in the Vicinity of the Coast". The Council's policy is to avoid, minimize, and mitigate for any potential adverse impact to coastal or freshwater wetlands.I. Building shading (formerly §130.4) 1. The design of new structures and buildings should minimize shading of the shoreline and the Urban Coastal Greenway, such that the shoreline and UCG are not overwhelmed by tall and dense structures built to the setback line that rise vertically without relief from that line. Accordingly, structures should be designed to minimize the shadow cast upon the UCG and the adjacent shoreline. The RICRMC may negotiate and enter into agreements with the Metro Bay Region municipalities to allow for increased density on a development in exchange for appropriate building massing on the site.J. Visual elements (formerly §130.5) 1. The scenic and visual qualities of the Metro Bay Region 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-20-00-5.4