MANAGEMENT PROCEDURES

REDBOOK

SPECIAL AREA MANAGEMENT PLANS

5.1(3) It further shall be the policy of this Council that anyone interested in receiving notice of the pendency of any application or matter which requires that the Council advertise a noticed public review period and is pending before this Council which would be the subject matter of this notification procedure, individually request to the Council inwriting his/her desire to receive such notification. Petitions for or against any application or matter pending before the Council shall not constitute a request for notification. This request may address itself to receipt or notification of a single application, a group of applications affecting an area or subject matter or a general request of notifications of all applications and/or matters subject to notification procedure, pending before the Council. The immediate abutters shall also be notified except when the application requires noticing more than 50 abutters. In these cases, the Council’s notification procedures will be conducted in accordance with the notification requirements of the Administrative Procedures Act.

If an applicant and/or interested party is to be represented by an attorney, that party's attorney must enter an appearance in writing, to be placed on the notification list and be considered an attorney of record. The Council will make available an appropriate entry of appearance form. Should an attorneywish to withdraw his/her appearance, written notificationmust be sent to the Council, by registered or certified mail, return receipt requested, specifying the applicant's name and pending file number. Withdrawalmay only be granted by leave of the Chairman or Executive Director.

5.14. The applicant, at any time up to the date that final staff reports are filed, may withdraw the application without prejudice. After staff reports have been filed, the application may be withdrawn only with the permission of the Council. Once the application has been withdrawn, the only acceptable manner to re-instate the application is to file the application as if it were new along with the appropriate filing/application fee.

300.4.A.19. Marine railways: sometimes referred to as slipways, marine railways are mechanical means for: the lifting of a vessel out of the water to an elevation above the highest tides; or, for the launching of a vessel into the water. It is a system of cradles or carriages that are lowered into or raised from the water along an inclined track on a system of rollers or wheels.

300.4.D.9. Marine railway systems are prohibited except in association with: a marina; or, a commercial or industrial water dependent activity in type 3, 5 and 6 waters.

1. Marine elevator railway systems are prohibited at all residential boating facilities except in association with: a marina; or, a commercial or industrial water dependent activity in type 3, 5 and 6 waters.

210.2.B.6. Climate change models indicate that sea level rise rates will accelerate and it is likely that the frequency of intense storms will increase as global temperatures rise (IPCC 2007). The combination of more severe storms and higher sea levels will impact the barriers. Storm surge overwash is the mechanism that causes barriers to migrate landward and also increase in elevation (Otvos and Carter 2007; Riggs and Ames 2007). This increased elevation will become increasingly important as sea level rises. Studies of the underlying geology, sediment supply and coastal processes to barrier systems in the Outer Banks and the Gulf of Mexico point to a threshold, that once past, leads to barrier disintegration (Culver et. al. 2007; Sallenger et. al. 2007). Shoreline protection structures are particularly unsuitable for construction on the barriers because these structures interfere with the overwash processes that supply sediment to the back barrier, eventually leading to a situation where the barrier does not build in elevation and is much more likely to breach or drown in place.

Culver, S.J., Grand Pre, C.A., Mallinson, D.J., Riggs, S.R., Corbett, D.R., Foley, J., Hale, M., Metger, L., Ricardo, J., Rosenberger, J., Smith, C.G., Smith, C.W., Synder, S.W., Twamley, D., Farrell, K., and Horton, B, 2007. Late Holocene barrier island collapse: Outer Banks, North Carolina, USA. SEPM, The Sedimentary Record, 5, 4, 4-8.

IPCC, 2007. Climate Change 2007: The Physical Science Basis. Summary for Policymakers. Contribution ofWorking Group I to the Fourth Assessment Report of the Intergovernmental Panel on Climate Change. Geneva, Switzerland: UNEP.

Otvos, E. G., and G. A. Carter, 2008. Hurricane degradation-barrier development cycles, northeastern Gulf of Mexico: landform evolution and island chain history. Journal of Coastal Research 24-2, 463- 478.

Riggs, S.R. and D.V. Ames, 2007. Effect of storms on barrier island dynamics, Core Banks, Cape Lookout National Seashore, North Carolina, 1960-2001. U.S. Geological Survey Scientific Investigations Report 2006-5309, 78 p.

Sallenger, A.S., C.W. Wright, and J. Lillycrop, 2007. Coastal-change impacts during Hurricane Katrina: an overview. In: Proceedings Coastal Sediments '07 [N.C. Kraus and J.D. Rosati (eds.)]. America Society of Civil Engineers, Reston, VA.

300.7.D.2. The Council shall prohibit the use of limited applications of riprap to protect structures ancillary to the primary structure. For undeveloped lots on headlands that are also adjacent to Type 1 waters only, extending shoreline protection structures between two existing such structures may be allowed on areas designated as manmade shorelines (210.6) when the structural integrity of the existing structures is in jeopardy.

1. CRMC will update and develop standards for coastal buffer zone management specifically within suburban
areas. Once completed, the CRMC will amend the Special Area Management Plan to adopt the new standards.

2. The CRMC recognizes that there are many properties CRMC encourages the establishment of native vegetated areas along shorelines, tributaries, and freshwater and coastal wetlands in the Greenwich Bay watershed that do not have established vegetated buffers. Therefore, the CRMC encourages the planting on these lots of native plant communities to enhance wildlife habitat and improve water quality.where designated coastal buffer zones or areas of existing undisturbed natural vegetation (non-landscaped areas) are not present. CRMC shall issue a certificate to property owners recognizing that they have voluntarily planted a native vegetated area on their property. Property owners holding a certificate may make alterations to the native vegetated area and will not be subject to the coastal buffer zone regulations unless these regulations are triggered by alterations to existing structures or new development on the lot.

3. It is the CRMC’s policy to develop conservation easements for the Greenwich Bay watershed that permanently restrict development, such as docks, in coastal buffers.

4. No land shall be subdivided unless it can accommodate the required coastal buffer zone.The CRMC recognizes the proven benefits of using low impact development (LID) techniques such as rain gardens, biofiltration, pervious pavers, and other infiltration methods on individual lots to treat stormwater runoff and improve the quality of water entering Greenwich Bay and its tributaries.

1. New structures are prohibited within the coastal buffer zone required around critical areas unless part of a buffer management plan.New commercial or residential structures are prohibited on lots abutting critical areas unless they can meet the required standards below.

2. Alterations to an existing commercial or residential structures or structures on a residential lot that result in the expansion of the structural lot coverage such that the square footage of the foundation increases by 50 percent or more are prohibited on lots abutting critical areas (defined in Section 390.7A.4) unless they can meet the required standards below.without the establishment of the coastal buffer zone required in that area.

3. No land shall be subdivided to create a new buildable lot or lots unless said buildable lot(s) can meet the required coastal buffer zone, without a variance, that would be based on the area of the newly created lot(s). Note: See “buildable lot” as defined inWarwick Development Review Regulations, Article 10.7.

1. Applicants for new construction or alterations to existing commercial and residential structures that prompt coastal buffer requirements and that are adjacent to critical areas must meet one of the following:

(a) Applicants must meet the full required coastal buffer zone. No variances to the buffer width is permissible under this option, however, buffer zone management, view corridors, and recreational structures as provided under CRMP Section 150.F may be permitted; or

(b) Applicants may seek a variance to the required coastal buffer zone up to fifty (50) percent provided the applicant: (1) meets the variance criteria; (2) designs and constructs the project exclusively with approved low impact development (LID) methods in accordance with Table 12; (3) provides a conservation easement to the CRMC for the buffer area and any adjacent coastal shoreline feature within the property boundary; and (4) will meet the local coastal setback requirement ( See Warwick Zoning Ordinance Section 503.1) or has received a variance from said requirement.

Table 12 - Lots Adjacent to Critical Areas and Coastal Wetlands

1. CRMC will update and develop standards for coastal buffer zone management specifically within suburban areas. Once completed, the CRMC will amend the Special Area Management Plan to adopt the new standards.

2. The CRMC recognizes that there are many properties along shorelines, tributaries, and freshwater and coastal wetlands in the Greenwich Bay watershed that do not have established vegetated buffers. Therefore, the CRMC encourages the planting on these lots of native plant communities to enhance wildlife habitat and improve water quality.CRMC encourages the establishment of native vegetated areas along shorelines, tributaries, and wetlands in the Greenwich Bay watershed where designated coastal buffer zones or areas of existing undisturbed natural vegetation (non-landscaped areas) are not present. CRMC shall issue a certificate to property owners recognizing that they have voluntarily planted a native vegetated area on their property. Property owners holding a certificate may make alterations to the native vegetated area and will not be subject to the coastal buffer zone regulations unless these regulations are triggered by alterations to existing structures or new development on the lot.

3. It is the CRMC’s policy to develop conservation easements for the Greenwich Bay watershed that permanently restrict development, such as docks, in coastal buffers.

4. The CRMC recognizes the proven benefits of using low impact development (LID) techniques such as rain gardens, biofiltration, pervious pavers, and other infiltration methods on individual lots to treat stormwater runoff and improve the quality of water entering Greenwich Bay and its tributaries. No land shall be subdivided unless it can accommodate the required coastal buffer zone.

1. New structures are prohibited within the coastal buffer zone required around critical areas unless part of a buffer management plan.New commercial or residential structures are prohibited on lots abutting critical areas unless they can meet the required standards below.

2. Alterations to an existing commercial or residential structures or structures on a residential lot that result in the expansion of the structural lot coverage such that the square footage of the foundation increases by 50 percent or more are prohibited on lots abutting critical areas (defined in Section 910.1.4) unless they can meet the required standards below.without the establishment of the coastal buffer zone required in that area.

3. No land shall be subdivided to create a new buildable lot or lots unless said buildable lot(s) can meet the required coastal buffer zone that would be based on the area of the newly created lot(s). Note: See “buildable lot” as defined inWarwick Development Review Regulations, Article 10.7.

1. Applicants for new construction or alterations to existing commercial and residential structures that trigger coastal buffer requirements and that are adjacent to critical areas must meet one of the following:

(a) Applicants must meet the full required coastal buffer zone. No variances to the buffer width is permissible under this option, however, buffer zone management, view corridors, and recreational structures as provided under CRMP Section 150.F may be permitted; or

(b) Applicants may seek a variance to the required coastal buffer zone up to fifty (50) percent provided the applicant: (1) meets the variance criteria; (2) designs and constructs the project exclusively with approved low impact development (LID) methods in accordance with Table 12; (3) provides a conservation easement to the CRMC for the buffer area and any adjacent coastal shoreline feature within the property boundary; and (4) will meet the local coastal setback requirement ( See Warwick Zoning Ordinance Section 503.1) or has received a variance from said requirement.

Table 12 - Lots Adjacent to Critical Areas and Coastal Wetlands