650 R.I. Code R. 650-RICR-20-00-5.8

Current through December 3, 2024

Section 650-RICR-20-00-5.8 - Inner Harbor and River Zone (formerly section 180)

A. Policy

1. It is the policy of the RICRMC to allow reduced UCG widths within this zone, due to the spatial constraints and existing hardscapes within these highly urbanized corridors, as well as the preexisting public access available there. Proposed developments within the Inner Harbor and River zone that will incorporate existing hardscapes shall strive to achieve the maximum vegetation practicable within the Urban Coastal Greenway.

B. Prohibitions

1. Within the Inner Harbor and River zone and upon completion of a project (or phase of a project) and its Urban Coastal Greenway, the following activities and uses shall be prohibited within 50 feet of the shoreline:

a. Petrochemical storage;

b. Storage of other hazardous materials;

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

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

e. Storage or stockpiling of construction materials;

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

g. Recycling of construction materials.

C. Standards

1. The majority of parcels located within the Inner Harbor and River Zone are separated from the coastal feature by an existing public roadway or sidewalk system. In some portions of the IHR Zone, there are no public roadways or sidewalks along the river (e.g., the area west of Hemlock Street). Accordingly, project options will be determined by the proximity and existence of public roadways and sidewalks as follows below. Applicants have the option of having projects reviewed under and adhering to the setback and buffer requirements set forth in §§1.1.9 and 1.1.11 of this Subchapter in lieu of the other UCG options below. Nevertheless, in such cases applicants must still comply with the 15% vegetative cover and stormwater management standards in §5.5.1(A) of this Part. Projects located within the Capital Center District will be subject to Option C.

2. IHRZ-A: Public roadway and/or pathway exist between the project and coastal feature

a. Option A: Standard UCG Width (20 feet).

(1) All development proposals within the IHRZ that completely meet the requirements under this option will be processed as Category A applications in accordance with the RICRMP provided there are no substantive objections during the 15-day public notice period.

(2) The standard Urban Coastal Greenway width within the Inner Harbor and River Zone under Option A shall be twenty (20) feet. If the distance between the inland edge of the coastal feature and the lot line is greater than twenty (20) feet, the applicant must still satisfy the 15% vegetation and stormwater requirements described in §5.5.1(A)(3) of this Part, and any other applicable RICRMP requirements.

(3) All structures must be set back appropriately from the inland edge of the UCG to meet the criteria specified in §5.5.1(A) (3)(d) of this Part.

(4) All of the standards specified within §§5.5.1 and 5.10 to 5.15 of this Part shall apply, with the following exceptions:

(AA) Public access requirements shall be met in accordance with §5.5.1(E) of this Part and may be contained within the setback.

(BB) Where existing public access pathways and/or public roads occur between the coastal feature and the development parcel(s), the primary (alongshore) public access and construction setback requirements may be waived at the discretion of the CRMC.

(CC) Where public roads and/or sidewalks are immediately adjacent to the sides of the development perpendicular to the coastal feature, these public roads and/or sidewalks may count toward the Urban Coastal Greenway secondary public access requirements at the discretion of the CRMC. Roads must be usable for pedestrian and/or emergency vehicle access, as appropriate.

3. IHRZ-B: Public roadway or walkway does not exist between the project and coastal feature

a. Option B-1: Standard UCG Width (50 feet).

(2) Where there is no existing public infrastructure (roads and/or sidewalks) between the coastal feature and the proposed development at the time of promulgation of the Urban Coastal Greenway Regulations, the standard Urban Coastal Greenway width shall be fifty (50) feet.

(3) All structures must be set back appropriately from the inland edge of the UCG, to meet the criteria specified in §5.5.1(A) (3)(d) of this Part.

(4) All of the standards specified within §§5.5.1 and 5.10 to 5.15 of this Part shall apply.

b. Option B-2: Compact UCG Width (20 feet).

(2) Under this option, the UCG width may be reduced to a minimum of twenty (20) feet. If an applicant chooses this option, then they must provide compensation in accordance with § 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.

(3) All structures must be set back appropriately from the inland edge of the UCG, to meet the criteria specified in § 5.5(A)(3) (d) of this Part.

(4) All of the standards specified within §§5.5.1 and 5.10 to 5.15 of this Part shall apply. Furthermore, the applicant must also provide twice (2X) the area (in square feet) of public amenities that are required in §5.5.1(E) of this Part. For example, if the area of the primary public access path within a UCG on a project site is 1600 square feet (8' wide by 200' long path), then the applicant in this case would have to provide an additional 1600 sq. ft. in public amenities. Some examples of additional public amenities include, but are not limited to: pedestrian bridges, canoe/kayak launching ramps or docks, observation platforms adjacent to tidal waters, etc. This access may be distributed around the development site or otherwise as approved by the RICRMC. Bridge designs must have sufficient clearance for recreational uses of the rivers and tidal waters.

4. IHRZ-C: Capital Center District

a. Option C: Capital Center District (CCD).

(1) All development proposals within the IHRZ that are located within the CCD shall be reviewed in accordance with the Memorandum of Understanding between the CRMC and the Capital Center Commission dated February 2005.

(2) Under this option, the standard Urban Coastal Greenway width shall be 20 feet. Projects will be processed administratively as Category A applications.

(3) Projects within the CCD may seek a reduction in the UCG width up to a 25% for a total width not less than 15 feet. These variance requests may be granted administratively with concurrence of the CRMC Chairman.

(4) All of the other UCG requirements specified in §§5.5.1 and 5.10 to 5.15 of this Part shall apply to the project. This includes stormwater management and 15% vegetative cover requirements specified in §5.5.1(A)(3) of this Part and compensation in accordance with § 5.13 of this Part for any reduction from the 20-foot standard 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.

650 R.I. Code R. 650-RICR-20-00-5.8