Section 650-RICR-20-00-5.9 - Development Zone (formerly section 190)A. Policy 1. It is the policy of the RICRMC to establish a continuous UCG within the areas designated as development zones that will satisfy the overall goals of the urban coastal greenway policy, as well as the specific development standards described in §5.5.1 of this Part.B. Standards 1. All development proposals within the development zone that completely meet the requirements under one of the options below (Options 1-4) 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. 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 options offered below. Regardless of the option selected, however, applicants must still comply with the 15% vegetative cover and stormwater management standards in §§5.5.1(A)(3) of this Part.2. Option 1: Standard buffer width. a. Applicants choosing this option must adhere to the standard buffer width as determined in § 5.16(B) of this Part (Appendix 2). In addition, all structures must be set back 25 feet from the inland edge of the buffer.b. The buffer must be comprised of a mix of native plant species and remain in a natural and undisturbed state.c. Variances to the buffer width are not permissible under Option 1.d. The applicant must provide a public access plan in accordance with §1.3.6 of this Subchapter.3. Option 2: Standard UCG Width (100 feet). a. The standard urban coastal greenway width within a development zone shall be one hundred (100) feet. All structures must be setback from the inland edge of the UCG in accordance with §5.5.1(A)(3)(d) of this Part.b. All of the standards specified within §§5.5.1 and 5.10 to 5.15 of this Part shall apply.c. The project should provide public access in accordance with §5.5.1(E) of this Part.d. If applicants choose not to install and maintain public access, then mitigation must be provided in accordance with § 5.10 of this Part.4. Option 3: Compact UCG Width (50 feet). a. Applicants may choose a compact UCG width of fifty (50) feet, however, compensation must be provided in accordance with § 5.13 of this Part for the difference in width between Option 2 and 3. 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.b. All structures must be setback from the inland edge of the UCG in accordance with §5.5.1(A)(3)(d) of this Part.c. All of the standards specified within §§5.5.1 and 5.10 through 5.15 of this Part shall apply.d. The project should provide public access in accordance with §5.5.1(E) of this Part.e. If applicants choose not to install and maintain public access, mitigation must be provided in accordance with § 5.10 of this Part.5. Option 4: Small lot exemption (Compact UCG - less than 50 feet).a. It is the policy of the RICRMC to allow for a compact UCG width of not less than 25 feet for qualifying small Development Zone lots due to the spatial constraints inherent on very small lots. In order to meet the vegetation target and on-site stormwater management requirements for Urban Coastal Greenways, designs for small lots are encouraged to include LID treatments, such as green roofs, bioretention areas, and stormwater recycling.b. Small Lots shall be defined as lots with a depth of less than 300 feet. Lot depth shall be measured as the shortest distance from the front lot line to the rear lot line. For lots where the front and rear lot lines are not parallel, the average lot depth shall be determined by measuring the distance between the midpoints of the front and rear lot lines.(1) "Front lot line" shall be the lot line that demarcates the inland limit of the lot.(2) "Rear lot line" shall be the lot line along the shore.c. Development zone lots may qualify for a Small Lot Exemption if they are lawfully established lots as of October 10, 2006 and whose shallow depth of less than 300 feet may constrain their ability to meet the UCG standards as measured from the inland edge of a coastal feature, as set forth by the RICRMC.d. The Urban Coastal Greenway width within Small Lots shall be no less than twenty-five (25) feet. All structures must be setback from the inland edge of the UCG in accordance with §5.5.1(A)(3)(d) of this Part.e. Applicants must provide compensation in accordance with § 5.13 of this Part for the difference between the required width in Options 3 (50 feet) and the Option 4 width (between 25-49 feet). 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.f. All of the standards specified within §§5.5.1 and 5.10 through 5.15 of this Part shall apply, with the following exceptions: (1) 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.(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.(3) Small lots may be excluded from the requirement for additional public parking spaces per 100 feet of linear shoreline (See §5.5.1(E)(1)(h) of this Part).C. Figure 7: Decision tree for development zone requirements Click here to view
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1. * - Mitigation: coastal wetland restoration projects require a separate Category B application650 R.I. Code R. 650-RICR-20-00-5.9