650 R.I. Code R. 650-RICR-20-00-5.5

Current through December 3, 2024

Section 650-RICR-20-00-5.5 - Urban Coastal Greenway Regulations

A. Application of the Urban Coastal Greenway regulations (formerly §120.8)

1. The regulations herein shall apply to those projects or activities located solely within the boundaries of the Metro Bay Special Area Management Plan (Figure 1 in § 5.1 of this Part) and within the Council's coastal jurisdictional area.

2. Notwithstanding § 5.5(A)(1) of this Part, a Council Assent is required for any alteration or activity that is proposed for: 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 (RICRMP Red Book).

3. Specific activities that trigger the Urban Coastal Greenway regulations are explained in § 5.5(C) of this Part.

B. The urban coastal greenway begins at the inland edge of the coastal feature.

1. At minimum, all applicants shall adhere to the Council's requirements for setbacks and buffers as specified in §§1.1.9 and 1.1.11 of this Subchapter and must meet the 15% minimum vegetative cover and stormwater management requirements specified in §5.5.1(A) of this Part. An applicant, however, may select to use the urban coastal greenway options, as specified herein.

C. Activities that trigger urban coastal greenway requirements (formerly §140)

1. Applicability

a. The following activities shall be subject to the Urban Coastal Greenway (UCG) requirements when an applicant chooses a UCG option, rather than the setback and buffer requirements in §§1.1.9 and 1.1.11 of this Subchapter, and shall be applied when any portion of a project extends onto a shoreline feature or its 200 foot contiguous area within the Metro Bay Region.

(1) Development - the construction of any new commercial,industrial, or residential structures as defined in §1.3.1(C) of this Subchapter. This also includes structures accommodating a mix of uses within a single development, building, or tract, as allowed by a municipality.

(2) Redevelopment - the alteration or reconstruction of any existing commercial, industrial, or multi-residential structures that results in:

(AA) an increase of building or accessory structure footprints by twenty (20) per cent or more over existing conditions as of the adoption date of the UCG regulations. In computing the 20% or more expansion, all structures within 200 feet of the coastal feature shall be considered, as well as all structures subject to CRMC jurisdiction on the project site; or

(BB) an increase of ten thousand (10,000) square feet of gross floor area of any building or group of buildings on a project site; or

(CC) the addition of 20,000 square feet or greater of new impervious surface area (i.e., buildings or parking areas) on the project parcel (Note: Excludes resurfacing of existing paved areas.). State and local road projects are exempt from this standard, but must meet stormwater requirements in §1.3.1(F) of this Subchapter.

2. Standards

a. Where a property owner owns adjoining lots, these lots shall be evaluated for the purposes of applying the Urban Coastal Greenway requirements to the project parcel, and ensuring that the appropriate UCG is established and fragmentation is avoided.

b. The entire extent of a development project must be submitted to the RICRMC, as part of any Preliminary Determination application and must be included for reference with any subsequent submittals for phased projects, regardless of parcel ownership. The applicant must include any plans for phased development on the tract(s) of land so that the RICRMC can review proposals for jurisdiction and/or project impacts.

c. In any case where an applicant is submitting phased portions of a development project for consideration, the applicant shall not create any circumstance that would preclude the installation of the Greenway on any phase of the project site. Accordingly, the applicant shall be cognizant that the Greenway requirements may still apply for any future development on the site, and subsequent phases of development must accommodate the UCG.

3. Other Projects

a. Projects that are subject to CRMC coastal jurisdiction within the Metro Bay Region, but do not meet the UCG thresholds specified in § 5.5(C)(1) of this Part, may voluntarily apply the UCG requirements with CRMC approval in lieu of the setback and buffer standards in §§1.1.9 and 1.1.11 of this Subchapter.

4. Exemptions.

a. The Urban Coastal Greenway requirements shall not be applied to the following activities:

(1) pre-existing structure(s), unless the structure(s) are razed for new development or meet the redevelopment threshold as defined above in § 5.5(C)(1)(a) ((2)) of this Part;

(2) activities that qualify as maintenance pursuant to §1.3.1(N) of this Subchapter;

(3) new development of individual structures with less than 200 square feet in building footprint area;

(4) commercial or industrial port activities including, but not limited to: bulk material transport; energy facilities; ship building, repair, maintenance; or any activity subject to US Coast Guard Maritime Security (MARSEC) jurisdiction (See: 33 C.F.R. Parts 104, 105, and 106); or

(5) projects on municipal or state-owned land may be considered compliant with relevant UCG requirements when the sole purpose of the project is to provide public access or other public amenities (e.g., ball fields, parks, playgrounds, public boat ramps or boating facilities, etc.).

D. The urban coastal greenway setback and buffer requirements may be waived on a site-specific basis for Council-approved water-dependent uses (e.g., docks, marinas, etc.), as described in the RICRMP Red Book (See Part 1 of this Subchapter).

5.5.1Urban Coastal Greenway Development Standards for the Metro Bay Region (formerly §150)

A. Standards applicable to entire development (formerly §150.1)

1. Applicants within the Metro Bay SAMP area have a choice of meeting the setback and buffer requirements of §§1.1.9 and 1.1.11 of this Subchapter or providing an urban coastal greenway in accordance with the applicable zone designations of §§ 5.6 through 5.9 of this Part. Even if applicants choose to meet the RICRMP setback and buffer requirements for their project in lieu of an UCG option, they must still meet the vegetative cover and stormwater management requirements as specified in §§5.5.1(A)(3) of this Part, below.

2. In those cases where an Urban Coastal Greenway is part of a project, the applicant shall grant an easement for the UCG area to the RICRMC. The easement shall be recorded in the land evidence records of the appropriate municipality, and also with the Homeowner or Condominium Association, or other ownership documents, where applicable.

3. Applicants following the Urban Coastal Greenway policy shall adhere to the following standards on the entirety of the development parcel, as well as those as found in §§5.5.1(B) through 5.15 of this Part. All proposals will be subject to a fifteen (15) day public notice period. Following the 15-day public notice period, any proposal that fully satisfies these UCG requirements, and has not received a substantive objection in accordance with §1.1.6(G) of this Subchapter, will be processed as a Category A (administrative) assent. Variance requests under § 5.7 of this Part (Areas of Particular Concern), however, will not be processed as Category A applications.

a. Minimum 15% vegetation requirement: Applicants must include sustainably landscaped areas in their proposals to achieve vegetative coverage of at least 15% of the surface area over the entire development parcel. This vegetation requirement may be met by the UCG or through a combination of the UCG and additional plantings elsewhere on the property, including green roofs. All planting plans shall be prepared by a licensed landscape architect (See: R.I. Gen. Laws § 5-51-16). The landscape plan shall use an appropriate mix of groundcovers, grasses, forbs, shrubs, and trees to achieve the goals of these regulations. The vegetated area may include landscaping elements of surface stormwater treatments, green roofs and bioretention areas, or other Low Impact Development (LID) vegetation alternatives. Within the UCG, the plantings should include an appropriate mix of trees, shrubs, and ground covers, with minimal use of high maintenance lawn sods and grasses.

b. Stormwater management: All new development and redevelopment proposals shall meet the stormwater requirements in §1.3.1(F) of this Subchapter and as specified in the most recent edition of the Rhode Island Stormwater Design and Installation Standards Manual (250-RICR- 150-10-8) to control peak flow rates and volumes, maximize infiltration of runoff, and improve water quality. Applicants shall incorporate LID techniques such as filter strips, vegetated swales, vegetated detention ponds, bioretention areas, stormwater infiltration planters, green roofs, etc. to the maximum extent practicable. Permeable paving materials, vegetated buffers, and infiltration techniques should be used where ever feasible and desirable to support infiltration and groundwater recharge. If site conditions and/or other regulatory constraints do not allow these practices, appropriate non-vegetative stormwater treatment technologies (i.e., proprietary devices) may be permitted on a case-by-case basis. Applicants shall coordinate their stormwater management strategy with the RICRMC, RIDEM, and the municipality of jurisdiction. CRMC and DEM will coordinate for compliance with any required DEM Water Quality Certification or RIPDES permits. Furthermore, proprietary stormwater management technologies shall be maintained and monitored in accordance with §5.21 of this Part.

c. Public access: It is the RICRMC's preference that applicants provide alongshore and arterial public access pathways within the development site, as described in §5.5.1(E) of this Part. Public access may not be required for development activities subject to United States Coast Guard Maritime Security (MARSEC) jurisdiction. Public access shall always be required:

(1) where the proposed project impacts upon public trust resources;

(2) on sites that have existing public access areas; and

(3) on CRMC-designated rights of way (ROW) or previous easements granted under §1.3.6 of this Subchapter.

d. Construction Setback: A construction setback of 25 feet is required for all new and existing residential, commercial, mixed-use, and other structures to provide for fire, safety, and maintenance purposes. The setback is measured from the inland edge of the UCG or buffer.

(1) At no time shall there be any private structures or encroachment into or above the UCG. Examples of such include, but are not limited to, decks, patios, balconies, restaurant or café tables and chairs, or private accessory structures. Such structures or uses shall be located within the setback area or other portion of the project site. These limitations must be clearly stated within the deed restrictions and applicable ownership documents for the project.

(2) The setback may be reduced when the applicant can clearly demonstrate that the project and its subsequent use and maintenance will not result in the privatization of, or preclude public use of, the UCG.

(3) The CRMC Executive Director may require additional setback when site conditions warrant, especially for areas susceptible to high erosion potential, to protect coastal resources or public safety.

e. Project Illumination: All exterior light fixtures shall use shielding and glare control devices to shield surrounding areas from excessive light trespass and glare.

B. Urban coastal greenway zones (formerly §150.2)

1. Each UCG zone is described in its applicable section below and shown on Figure 2 in § 5.4 of this Part. Other applicable information and detailed zone maps are available for the Metro Bay Region online at: http://www.crmc.ri.gov/samp_mb.html.

2. UCG standards are applicable to all activities that meet the regulatory thresholds specified in § 5.5(C) of this Part.

3. The UCG zone in which the development is located, as described below and summarized in Figure 2 in § 5.4(K) of this Part, determines the specific Urban Coastal Greenway requirement.

4. Each UCG zone allows at least two options for implementation of a vegetated area on a proposed development. In each Zone (with the exception of the Inner Harbor and River Zone), the first option requires the creation of a naturally vegetated buffer that is to be left undisturbed in accordance with §1.1.11 of this Subchapter. Additional options within each zone allow for a more compact vegetated area (an "Urban Coastal Greenway"), in exchange for various public amenities.

5. Reductions in the standard UCG widths shall only be permissible if the applicant provides compensation, as described 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.

C. General standards for urban coastal greenways (formerly §150.3)

1. The Urban Coastal Greenway shall begin at the inland edge of the coastal feature. The coastal feature, the applicable UCG area, and construction setback must be clearly delineated on any site plans submitted for review to the RICRMC.

2. Applicants may utilize an averaging method, where compensatory UCG width is provided for a necessary reduction in UCG width in other areas of the site, provided the total square footage of the UCG area remains the same. This averaging provision shall only be used with CRMC approval and in cases involving existing historic buildings or where DEM-required site remediation necessitates a specific location for a new structure(s).

3. The boundaries of the Urban Coastal Greenway easements shall be marked on all plans used for planning, permitting, and during construction. Additionally, the public access path and other public amenities (e.g., overlook, canoe or kayak launch, etc.) must be clearly delineated on site plans submitted for review to the RICRMC.

4. The UCG shall have appropriate signage approved by the RICRMC and the municipality, and its inland limits on all sites shall be marked on-site by permanent markers.

5. In the interest of public safety, project designs should facilitate the unobstructed observation of public spaces. These designs should:

a. Provide pedestrians with a sense of direction while giving them some visible indication as to where access is encouraged or restricted.

b. Provide a minimum number of access routes while allowing users some flexibility in movement.

c. Use shrubbery and low-level plantings (those which attain heights no greater than 3 feet) within 10 feet of footpaths, with the exception of appropriately spaced trees. Plants in managed landscapes should be graded such that taller plants are next to walls or other structures.

d. Avoid creating unused or unusable spaces or isolated pockets, except in areas designated for wildlife habitat.

e. Ensure that access opportunities enhance and complement shoreline observation opportunities.

f. Provide for emergency access to public spaces and areas.

g. Provide access for maintenance of stormwater treatment measures.

6. In order to ensure ease of access for emergency services, all projects shall be consistent with applicable municipal requirements. When hardened fire lanes are required, applicants are encouraged to use permeable paving materials (open grid pavers, etc.) that can be driven upon but also allow stormwater infiltration.

7. Encroachments into the Urban Coastal Greenway shall only be allowed by the RICRMC for:

a. Public access;

b. Physical access to the coastal feature for public recreation;

c. Emergency vehicle access;

d. Public utility corridors;

e. Structural shoreline protection; and

f. UCG or utility maintenance corridors.

8. All Urban Coastal Greenways shall be dedicated for public use by way of a Conservation Easement granted to the CRMC that runs with the land and shall be recorded as such in the land evidence records of the applicable municipality.

D. Vegetation standards for all urban coastal greenways (formerly §150.4)

1. The entirety of the Urban Coastal Greenway shall be vegetated with the exception of approved public access pathways (as described in §5.5.1(E) of this Part). The UCG shall be wholly vegetated and maintained with native plant communities and/or sustainable landscapes using a mixture of ground cover, shrubs, and trees. Stormwater from any public access path shall be directed into vegetated areas designed for stormwater treatment.

2. Site and UCG landscaping elements for projects listed on the National Register of Historic Places or eligible for inclusion, as determined by the RI Historic Preservation and Heritage Commission (RIHPHC), may be reduced or modified at the discretion of the CRMC Executive Director to bring the project more in compliance with RIHPHC requirements. The resulting landscape elements shall balance between the CRMC UCG policies and maintaining the historical context of the project, as determined by RIHPHC and the CRMC Executive Director.

3. The vegetation within an Urban Coastal Greenway shall be properly managed in accordance with the standards contained in § 5.14 of this Part. In cases where native or sustainable vegetation does not exist within a UCG, or non-sustainable invasive vegetation currently occurs on the site, the Council may require restoration efforts that include, but are not limited to, replanting the UCG with non-invasive native or sustainable plant species. These species shall be chosen from the most current edition of Sustainable Trees and Shrubs, from the University of Rhode Island Cooperative Extension office or the CRMC Rhode Island Coastal Plant Guide at: http://cels.uri.edu/testsite/coastalPlants/CoastalPlantGuide.htm. All plant species utilized shall be primarily low maintenance species with maximum habitat value. Salt-tolerant species shall also be included where site conditions warrant. The criteria for selection of appropriate non-invasive native or sustainable species are:

a. ability to perform the desired function(s);

b. anticipated survival and hardiness given site conditions, with minimal (if any) application of pesticides and fertilizer;

c. high wildlife value; and

d. aesthetic value.

4. Urban Coastal Greenways shall be designed as native plant communities and/or sustainable landscapes using noninvasive native and/or sustainable species of vegetation in order to promote the Council's goal of preserving, protecting, and restoring ecological systems. The Council may permit alterations to Urban Coastal Greenways that facilitate the continued enjoyment of Rhode Island's urban coastal resources. All alterations to a UCG or alterations to the natural vegetation (i.e., areas not presently maintained in a landscaped condition) within the Council's jurisdiction shall be conducted in accordance with the standards contained in this section, as well as all other applicable policies and standards of the Council. In order to ensure compliance with these requirements, the Council will require applicants to submit an Urban Coastal Greenway Management Plan. In cases where the preservation, protection or enhancement of wildlife habitat is the primary management goal (such as the Area of Particular Concern Zone and/or specific sites with high quality habitats), as determined by the RICRMC, native plant communities shall be preferred over sustainable landscapes.

5. Existing non-invasive vegetation, especially trees, shall be preserved in the Urban Coastal Greenway to the maximum extent practicable. Removal of these species will be allowed only after the Council has reviewed and approved a UCG Management Plan prepared by a RI-licensed landscape architect and in accordance with standards and specifications found in the Urban Coastal Greenway Design Manual.

E. Public access standards for all urban coastal greenways (formerly §150.5)

1. Wherever public access is provided, the following public access standards shall be met:

a. The public access component shall be located within the UCG identified for the project. In certain cases, the RICRMC may allow the public access component to be located within the construction setback or other portion of the site as conditions may require. Applicants, however, must ensure that the UCG primary public access path on their development site connects with any existing UCG public access path on adjacent parcels.

b. The applicant's engineer must certify that public access paths and associated elements shall be compliant, where applicable, with the most recent version of the Americans with Disabilities Act (ADA) Standards for Accessible Design (See: https://www.ada.gov/2010ADAstandards_index.htm ) are incorporated by reference, not including any further editions or amendments thereof and only to the extent that the provisions therein are not inconsistent with these regulations).

c. The Council prefers that all new multi-residential, commercial, and mixed-use developments provide primary (alongshore) public access within the Urban Coastal Greenway. These primary public access pathways shall be a minimum of eight (8) feet in width to accommodate pedestrians, but may be wider if designed to accommodate both pedestrian and bicycle access. Projects must design the UCG pathway to provide an extension of adjacent existing pedestrian or bicycle pathways, if consistent with a municipal or state pedestrian or bike path access plan.

d. All public access pathways should be constructed of a pervious surface. In those cases where pathways are constructed of impervious materials for bicycle access or to be consistent with existing adjacent impervious surface paths (e.g., Waterplace Park), the project must include stormwater treatments to minimize stormwater runoff, as described in the Urban Coastal Greenway Design Manual. Public access paths shall be designed to have a relatively flat profile and cross section to prevent stormwater runoff from eroding the path surface or adjacent soils. When paths are located directly adjacent to the coastal feature, they should be angled slightly to cause stormwater runoff to flow inland for treatment (e.g., bioretention area), rather than toward the coastal feature.

e. Each parcel with a UCG shall include at least one secondary (arterial or perpendicular) access path leading to the linear UCG public access path, unless adjoining parcels share a secondary public access path as described in §5.5.1(E)(1)(g) of this Part.

(1) The access path must emanate from a public place. The secondary access path should be a minimum of eight (8) feet in width to accommodate pedestrian traffic, but may be up to twenty (20) feet in width when emergency vehicle access is necessary. In the latter case, the pathways must be capable of supporting emergency and maintenance vehicles.

(2) The secondary access path shall connect sidewalk traffic with the alongshore UCG path, and may be a meandering path, as long as erosion is minimized. All public access pathways shall be recorded within the land evidence records and shall run with the land. The limited liability provision stated in §1.3.6 of this Subchapter shall apply to these public access pathways.

f. Each Urban Coastal Greenway must include adequate provisions for emergency vehicle access paths from the nearest street to the shoreline. These vehicular paths shall be constructed of a permeable surface capable of supporting emergency vehicles.

g. Each project must provide at least one secondary public pedestrian or vehicular access pathway per 500 linear feet of shoreline. Adjoining parcels may share secondary pedestrian or vehicular access paths on their shared boundary, where applicable. The RICRMC may waive the 500-foot secondary pathway standard if the applicant provides ten (10) percent more public parking spaces than required in §5.5.1(E)(1)(h) of this Part below, and can demonstrate that there is adequate available secondary public access.

h. In order to facilitate public access to the shoreline, each development with a UCG shall include a minimum of two (2) public parking spaces adjacent to an access point or incorporated within a project, and an additional space per 100 linear feet of shoreline (where "linear" refers to the shortest distance between lot boundaries) within the parcel. The placement of the public parking spaces shall be decided in consultation with the RICRMC and the municipality of jurisdiction. In cases where the project is directly adjacent to public parking, (defined as on-street parking and off-street parking available to the general public), such spaces may be included for purposes of satisfying the public parking requirements of this section

i. Acknowledgement of existing public access. The CRMC may allow reduced public access requirements within lots containing preexisting public access, provided there is no net loss of access and the following standards are met:

(1) Where existing public access pathways and public roads occur between the coastal feature and the development parcel(s), the primary (alongshore) public access and construction setback requirements may be waived.

(2) Where public roads are immediately adjacent to the sides of the development perpendicular to the coastal feature, these public roads may count toward the urban coastal greenway secondary public access requirements. The road(s) must be usable for pedestrian and/or emergency vehicle access, as appropriate.

j. In order to facilitate public access to the shoreline and promote passive recreational uses of the waterways, and where appropriate based on site conditions, each project with a UCG must provide a minimum of one public access point that leads directly to the water in the form of a stabilized path or steps, canoe/kayak ramp, overlook, or other access method. Where appropriate, given the discretion of the CRMC Executive Director, this requirement may be satisfied if the UCG public access path directly abuts the shoreline feature. Applicants should consult with CRMC staff concerning the type and design of direct shoreline access methods.

F. Stormwater standards for all urban coastal greenways (formerly §150.6)

1. The RICRMC requires the use of low impact development (LID) techniques, as described in the Urban Coastal Greenway Design Manual and the most recent version of the RIDEM RI Stormwater Design and Installation Standards Manual that distribute infiltration methods throughout the development site to the maximum extent practicable. These LID techniques may include, but are not limited to:

a. Minimization measures including decreased clearing and grading or reducing the use of pipes, curbs, and gutters;

b. Using alternative surfacing materials such as gravel, cobble, wood mulch, grass pavers, turf blocks, natural stone, and concrete pavers in cross walks, for example;

c. Discharge of runoff into open drainage systems, vegetative swales, and other bioretention areas to slow runoff, reduce discharges, and encourage more infiltration and evaporation;

d. Integration of, bioretention, biofiltration, storage, and capture of runoff systems into the site;

e. Planting large trees within a designated UCG and the site in general to promote evapotranspiration, restore urban forests, provide scenic relief, and vegetative screening;

f. The installation of green roofs to retain and naturally filter stormwater runoff;

g. The use of cisterns to temporarily store rainwater that can subsequently be used for irrigation of the property; and

h. The incorporation of rain gardens or other bioretention systems.

2. Stormwater treatment should, where possible, be designed to constitute a landscape amenity. Applicants should meet this goal primarily through vegetative means, in part by incorporating land shaping to create bioretention areas capable of treating runoff. When site topography necessitates traditional detention ponds or other non-vegetated means of stormwater treatment, these structures must be located within the setback or other portion of the project site, and not within the UCG.

3. In those cases where proprietary stormwater management technologies are used they shall be maintained and monitored in accordance with § 5.15 of this Part. In addition, these devices shall be located within the setback or other portion of the project site.

4. Untreated stormwater runoff shall not drain directly into coastal waters. Runoff shall be detained and slowly released through the use of best management practices (BMPs).Projects shall meet the stormwater management requirements of §1.3.1(F) of this Subchapter and the most recent edition of the RIDEM RI Stormwater Design and Installation Standards Manual to control peak flow rates and volumes, maximize infiltration of runoff, improve water quality, and discharge non-erosively to tidal waters. Applicants shall incorporate LID techniques such as filter strips, vegetated swales, bioretention areas, stormwater infiltration planters, green roofs, etc. to the maximum extent practicable. LID techniques may be located with the UCG provided they are well landscaped and create a public amenity within the UCG.

5. All stormwater management techniques shall have a maintenance plan submitted as part of the RICRMC application package, in accordance with the most recent edition of the RIDEM RI Stormwater Design and Installation Standards Manual. Maintenance provisions shall be tailored to the specific stormwater management techniques that are proposed for the site, and shall include maintenance practices and frequency.

G. Structural shoreline protection standards for all urban coastal greenways (formerly §150.7)

1. Riprap revetments shall be constructed with appropriately sized quarry stone in accordance with the standards specified in §1.3.1(G) of this Subchapter. The revealed base of a revetment shall not be further seaward than the mean high water line (MHWL). Revetments should be designed to account for sea level rise.

2. Existing shoreline protection structures may be utilized where consistent with §1.3.1(N) of this Subchapter. In some locations within the Metro Bay Region there are existing bulkheads and seawalls constructed of local granite material. The historic value of structural shoreline protection shall be preserved or restored wherever feasible.

3. When the RICRMC finds seawall structural shoreline protection to be necessary, construction materials other than steel shall be used wherever possible. When steel is necessary, the seawall shall be faced with a similar material used for other seawalls (e.g., granite blocks) in the vicinity for consistency of appearance. Additionally, seawalls should be designed to account for sea level rise.

4. When structural shoreline protection is deemed necessary, all such structures must meet the requirements of §1.3.1(G) of this Subchapter. To prevent revetment failure, trees and shrubs must not be planted directly on the revetment, but may be planted on vegetated slopes above the revetment. No stormwater treatment or public access shall be included upon the revetment.

5. Figure 3: Hypothetical site plan showing a vegetated revetment on a site with parking on the ground level of the new structure. Drawing by Thomas VanHollebeke.

Click here to view

6. Terracing is permissible within the greenway and setback (see Figure 7 of this Part), however, all slopes within the greenway must be properly stabilized and vegetated. Rip-rap or other armored slopes shall not be incorporated as part of the greenway. Accordingly, revetments or armored slopes shall be located seaward or landward of the greenway. In addition, all slope designs and treatments may be designed as specified in the Rhode Island Soil Erosion and Sediment Control Handbook (2016). See: http://www.dem.ri.gov/programs/bnatres/water/pdf/riesc-handbook16.pdf.

7. Figure 4: Hypothetical site plan showing a terraced UCG. Drawing by Thomas VanHollebeke.

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H. Prohibitions

1. Upon completion of a project (or phase of a project) and its Urban Coastal Greenway, the following activities and uses shall be prohibited within the UCG:

a. Petrochemical Storage;

b. Storage of other hazardous materials;

c. Parking or automobile storage within the UCG;

d. Application of chemicals (e.g., pesticides, fertilizers, etc.) that have not been approved by the RICRMC;

e. Storage or stockpiling of mulch, compost, or other organic materials;

f. Storage or stockpiling of construction materials;

g. Fueling and servicing of equipment and other motorized vehicles; and

h. Recycling of construction materials.

2. No structure, building, roof, or skywalk subject to the UCG may be constructed over tidal waters with the exception of public infrastructure or public access in accordance with the requirements set forth in §1.1.8 of this Subchapter. See § 5.5(D) of this Part for water-dependent use exemption.

3. At no time shall any residential or commercial activity usurp the full use and enjoyment of the UCG. This includes the placement of decks, patios, or restaurant/cafe tables, even on a temporary basis, within the UCG.

4. Prohibitions may only be relieved through Special Exceptions granted by the Council in accordance with §1.1.7 of this Subchapter.

650 R.I. Code R. 650-RICR-20-00-5.5