...to preserve, protect, develop, and restore coastal resources for all Rhode Islanders
AGENDA
Planning and Procedures Subcommittee
Coastal Resources Management Council
Stedman Government Center
4808 Tower Hill Rd Wakefield, RI
July 27, 2011, 8:30 am
1. Call to Order
2. Approval of May 17, 2011 meeting minutes
3. OLD BUSINESS/WORKS IN PROGRESS – none scheduled
4. PROPOSED PROGRAMMATIC REVISIONS – for action
MANAGEMENT PROCEDURES
A. Section 4.3.9 – Schedule of Fees/Continuances
REDBOOK/SAMP
B. Section300.6–Treatment of Sewage and Stormwater
C. Section300.5–Mooring and Anchoring of Houseboats and Floating Businesses
5. OTHER BUSINESS – for discussion
6. NEW BUSINESS – none scheduled
7. STAFF REPORTS – none scheduled
8. ADJOURN
ITEM 4.A
MANAGEMENT PROCEDURES
Section 4.3.9 - Requests for Continuances
4.3.9. Requests for Continuances are subject to the following fees:
(a) First Request: $100
(b) Second Request: $250
(c) Third or Greater: $500
ITEM 4.B
Section 300.6
Treatment of Sewage and Stormwater
A. Definitions
B. Policies
C. Prerequisites
D. Prohibitions
E. Standards
1. For Onsite Wastewater Treatment Systems (OWTS):
(a) See standards given in “Filling, Removing, or Grading” (Section 300.2).
(b) The construction, repair or alteration of all OWTS and components shall conform to the standards
set forth in the most recent Rules Establishing Minimum Standards relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems promulgated by the Department of Environmental Management (referred to herein as DEM OWTS Rules).
(c) Site grading around the OWTS shall direct the flow of surface runoff water away from the OWTS and meet all applicable requirements of the DEM OWTS Rules.
(d) Sub-drains constructed to lower groundwater levels in an area where an OWTS will be located shall: (1) conform to all applicable DEM rules; (2) have no piping located between the anticipated OWTS and the shoreline; and (3) have exposed outfalls suitably protected against shoreline erosion and scour.
(e) When new construction, renovation or a change of use is proposed for existing buildings are changed from seasonal to year-round use, renovated or expanded by adding one or more rooms, an OWTS Suitability Determination shall be obtained by the applicant from the Department of Environmental Management to indicate that the existing OWTS meets all applicable DEM OWTS Rules or the applicant shall submit a building official document indicating that a DEM OWTS Suitability Determination is not required.
(f) Connections to OWTS and cesspools that are abandoned shall be removed, blocked, or otherwise disconnected, and abandoned cesspools and septic tanks shall be pumped dry and filled with clean fill in accordance with all applicable DEM OWTS Rules.
(g) Where necessary, barriers shall be constructed to prevent vehicles from passing or parking over septic systems, unless permissible in accordance with DEM OWTS Rules.
(h) The repair of OWTS along the Rhode Island south shore from Watch Hill to Narragansett shall conform to the DEM “OWTS Repair Guidance in Critical Erosion areas.”
2. The 1993 Rhode Island Stormwater Design and Installation Standards Manual (“Stormwater Manual”) will be superseded by the 2010 Stormwater Manual upon effective date of adoption by the Council. Unless otherwise provided in subsections (a) or (b), the requirements of the 2010 Stormwater Manual, as amended, shall apply to all CRMC applications submitted on or after January 1, 2011.
(a) Applicants for projects which have a currently valid and vested Master Plan approval from a local planning board or commission on or before March 31, 2011 may elect to comply with the 1993 Stormwater Manual instead of the 2010 Stormwater Manual provided that a complete application for the project is submitted to the CRMC on or before June 30, 2011. Any project applicant that received Master Plan approval who submits an application to the CRMC after June 30, 2011 shall comply with the 2010 Stormwater Manual, including any future phases of a phased project having received Master Plan approval as of March 31, 2011. Applicants shall, at the time of application, submit a copy of the Master Plan approval document(s) demonstrating eligibility under this subsection. This subsection applies only to those projects which are required to obtain local Master Plan approval pursuant to R.I.G.L. § 45-23-40.
(b) In the case of any RIDOT project or a local government road or bridge project, the applicant may elect to comply with the 1993 Stormwater Manual instead of the 2010 Stormwater Manual provided that a complete application for the project is submitted to the CRMC on or before June 30, 2011. Any application submitted to the CRMC after June 30, 2011 shall comply with the 2010 Stormwater Manual.
3. For stormwater management the Council requires, in accordance with the “Smart Development for a Cleaner Bay Act of 2007” (R.I.G.L. § 45-61.2), that all applicable projects meet the following requirements:
(a) Maintain pre-development groundwater recharge and infiltration on site to the maximum extent practicable;
(b) Demonstrate that post-construction stormwater runoff is controlled, and that post-development peak discharge rates do not exceed pre-development peak discharge rates; and
(c) Use low impact-design techniques as the primary method of stormwater control to the maximum extent practicable.
4. Residential, commercial, industrial or public recreational structures as defined in Section 300.3 shall provide treatment and management of stormwater runoff for all new structural footprint expansions, including building rooftops, greater than six (600) hundred square feet in size and any new impervious pavement, driveways, sidewalks, or parking areas, regardless of size. Applicable projects shall submit a stormwater management plan that demonstrates compliance with the eleven (11) minimum stormwater management standards and performance criteria as detailed in the most recent version of the Rhode Island Stormwater Design and Installation Standards Manual. Single-family dwelling projects, however, may meet these provisions as detailed in 300.6.E.8 below.
5. Roadways, highways, bridges, and other projects subject to Section 300.13 shall provide treatment and management of stormwater runoff for all new impervious surfaces. These projects shall submit a stormwater management plan that demonstrates compliance with the eleven (11) minimum stormwater management standards and performance criteria as detailed in the most recent version of the Rhode Island Stormwater Design and Installation Standards Manual. Any improvement projects to existing roads, highways and bridges and other projects subject to Section 300.13 that result in the creation of new impervious surfaces shall provide treatment and management of stormwater as above for all new impervious surfaces. Maintenance activities such as pavement resurfacing projects, replacement of existing drainage systems, minor roadway repairs, or emergency roadway and drainage repairs are excluded from these requirements provided the project does not result in there is no an expansion of the existing impervious surface area and , no new or enlarged stormwater discharges, or the removal of roadway materials down to the erodible soil surface of 10,000 square feet or more of existing impervious area.
6. Unless exempted as a maintenance activity herein, any redevelopment that disturbs 10,000 more than 5000 square feet or more of existing impervious surface coverage shall comply with Minimum Stormwater Standard 6 (Redevelopment and Infill Projects) of the most recent version of the Rhode Island Stormwater Design and Installation Standards Manual. Maintenance activities subject to Section 300.14 are excluded from these requirements provided there is no expansion of the existing impervious surface area and no new or enlarged stormwater discharges resulting from the maintenance activity.
7. All stormwater management plans shall take into consideration potential impacts associated with the discharge of stormwater runoff into the coastal environment. Applicants shall address these potential impacts to include, but not limited to, the following: (i) impacts to coastal wetlands such as changes in species composition due to the introduction of freshwater to high marsh areas; (ii) changes in the salinity of tidal receiving waters; (iii) thermal impacts to receiving waters; (iv) effects of introducing stormwater runoff to receiving waters that have low dissolved oxygen concentrations; and (v) other potential water quality impacts as may be identified by CRMC staff.
8. Applicants for single-family residential dwellings and accessory structures shall treat the stormwater runoff water quality volume (WQv) from all new building rooftops greater than six (600) hundred square feet in size and any new impervious driveways and parking areas, regardless of size, as indicated in (a) and (b) below. All dwelling and accessory structure rooftop expansions constructed within a 12-month period shall be counted towards the 600 square foot threshold. Once the 600 square foot threshold is exceeded, stormwater management must be provided for all rooftop expansions constructed within that 12-month period. Applicants for single-family dwelling projects may use the design guidance and performance criteria in the Rhode Island Stormwater Design and Installation Standards Manual or equivalent guidance as approved by the CRMC the RI Stormwater Management Guidance for Individual Single-Family Residential Lot Development. Applicants for single-family dwellings and accessory structures on CRMC-designated barriers shall manage stormwater runoff as provided in (ca) below. Pretreatment of stormwater runoff is not required for single-family residential applications.
(a) Stormwater runoff from rooftops shall be treated and managed with one or more as needed of the following methods:
(1) Direct downspouts to an infiltration trench; (2) Direct downspouts to a rain garden; or (3) Direct down spouts to an infiltration drywell.
(b) Stormwater runoff from impervious driveways and parking areas shall be treated by one or more as needed of the following methods:
(1) Infiltration trench; (2) Vegetated swale; (3) Rain garden or;
(4) Pervious surface construction (e.g., pervious asphalt and pervious concrete using the RI stormwater manual design criteria and paver block systems).
(b) Stormwater runoff from impervious driveways and parking areas shall be treated by one or more as needed of the following methods:
(1) Infiltration trench;
(2) Vegetated swale;
(3) Rain garden or;
(4) Pervious surface construction (e.g., pervious asphalt and pervious concrete using the RI stormwater manual design criteria and paver block systems).
(ca) Applicants for single-family dwellings and accessory structures located on CRMC-designated barriers shall manage stormwater runoff as follows:
(1) Runoff from rooftops shall be directed by non-erosive sheet flow onto vegetated areas surrounding the dwelling or accessory structure; and
(2) Construction of driveway and parking surfaces shall be limited to crushed stone, crushed shell, open plastic grid systems filled with sand, gravel or vegetation, or any combination of the preceding, to prevent damage to other properties during major storm events. Stormwater runoff shall be directed by non-erosive sheet flow onto vegetated areas along side the driveway or parking area.
9. New or enlarged stormwater discharges to salt marshes and well flushed tidal channels within high marshes shall only be permitted when the applicant can clearly demonstrate that no reasonable alternatives exist (e.g., no other discharge locations having a gravity flow outlet are available and impervious surfaces have been kept to an absolute minimum) and when no adverse impacts to the salt marsh will result. In these instances, the applicant shall meet all applicable standards contained in the most recent version of the Rhode Island Stormwater Design and Installation Standards Manual. This standard does not apply to low salt marsh environments with an average width along the property of less than 35 feet.
10. Stormwater open drainage and pipe conveyance systems must be designed to provide adequate passage for flows leading to, from, and through stormwater management facilities for at least the 10-year, 24- hour Type III storm event. Applicants may not be required to control post-development peak discharge rates at pre-development peak discharge rates provided the project design provides for non-erosive stormwater discharges to tidal waters.
11. Applicants may be required to submit a pollutant loading analysis to demonstrate that a proposed project will not unduly contribute to, or cause, water resource degradation when such projects are located in sensitive coastal resource areas. When a pollutant loading analysis is required, the applicant shall use the method detailed in Appendix H of the most recent version of the Rhode Island Stormwater Design and Installation Standards Manual. If the Council determines that any proposed stormwater discharge will result in an unacceptable discharge of pollutants to the tidal waters of Rhode Island, the Council shall require the applicant to mitigate the pollutant loads to acceptable levels using the practices detailed in the stormwater manual. Frequently, this can be accomplished using these practices in series to achieve higher pollutant removal efficiencies.
12. The use of proprietary hydrodynamic (swirl) separator or filter devices shall be limited to pre-treatment applications only, unless the device has met the requirements of the Technology Assessment Protocol (TAP) as detailed in the most recent version of the Rhode Island Stormwater Design and Installation Standards Manual. The CRMC may, however, approve such devices in situations where end-of-pipe retrofit solutions are the only alternative available when site constraints limit the use of standard low impact development methods for the treatment and management of stormwater runoff. In such circumstances, however, the use of such proprietary devices shall conform to the standards and performance criteria set forth in the most recent version of the Rhode Island Stormwater Design and Installation Standards Manual to the maximum extent practicable.
13. For outfalls:
(a) Work on outfalls, drainage channels, etc., shall proceed from the shoreline toward the upland in order that no unfinished or un-stabilized lower channel portions be subjected to erosion-producing velocities from upstream. If this cannot be accomplished, all flow shall be diverted from the unfinished areas until stabilization is completed.
(b) Where possible, outfall pipe slopes shall be designed for an exit velocity of less than 5 feet per second.
(c) Screens or grates shall be placed over the end of large outfalls to trap debris.
(d) Beaches or other coastal features in front of outfalls shall be returned to original grade.
(e) Riprap placed on beaches shall not increase the grade of the beach higher than one foot in order to
maintain lateral access below mean high water.
(f) Riprap shall be compact, hard, durable, angular stone, with an approximate unit weight of 165 lbs./cubic foot.
(g) Riprap shall be placed with an adequate bedding of crushed rock or other suitable filtering material.
14. Applicants with projects subject to the stormwater management provisions herein shall submit the following information:
(a) New or modified single-family dwelling projects shall submit the following:
(1) 8.5 x 11 inch site plan depicting the location of all structural stormwater (LID or otherwise) components; and
(2) Operation & Maintenance Plan consistent with CRMC guidance to ensure long-term maintenance and operation of the stormwater structural practice(s) on the site.
(b) All other projects
(1) 8.5 x 11 inch site plan depicting the location of all structural stormwater (LID or otherwise) components;
(2) Operation & Maintenance Plan that meets the specifications detailed in the most recent version of the Rhode Island Stormwater Design and Installation Standards Manual; and
(3) Following completion of the approved project, a post-construction certification by a Rhode Island registered P.E. and Rhode Island registered Landscape Architect, where required, demonstrating that all stormwater structures, LID components, and requisite planting materials necessary for the function of the stormwater management system were installed in accordance with the approved permit, specifications and approved site plans.
ITEM 4.C
Section 300.5
Mooring and Anchoring of Houseboats and Floating Businesses
A. Definitions
1. Houseboat; a building constructed on a raft, barge, or hull that is used primarily for single- or multiple-family habitation; if used for transportation this use is secondary.
2. Floating business; a building constructed on a raft or hull that is represented as a place of business, including but not limited to waterborne hotels, restaurants, marinas or marina-related businesses and that is in situated in tidal waters for a period of more than 90 days.
B. Policies
1. The Council considers that placement of houseboats and floating businesses in tidal waters is a low-priority use of any coastal water body and is acceptable only in limited numbers and in specific areas. Houseboats and floating businesses are not classified as water-dependent, since it is not their primary purpose to serve as a means of on-water transportation or recreation.
2. When in transit, a houseboat or floating business is considered a boat or vessel and must meet all applicable state and Coast Guard standards and regulations.
3. A Council Assent for a floating business shall include a lease with the Council that shall be determined using fair market value lease rates for the adjacent upland value so that a proper evaluation of uses can be made.
C. Prohibitions
1. Houseboats and floating businesses are prohibited from berthing or mooring in coastal ponds (in accordance with G.L.R.I., 46-22-91) and in all Type 1 and 2 waters.
2. Houseboats are prohibited from mooring or anchoring in all other tidal waters of the state unless within the boundaries of a marina.
3. Floating businesses are prohibited from mooring or anchoring in the tidal waters of the state unless within the boundaries of a marina or a port.
4. Discharge of sanitary sewage to tidal waters from houseboats or floating businesses using marina or port facilities by devices other than approved by the Coast Guard is prohibited.
D. Additional Category B Requirements
1. Applicants for floating businesses shall (a) demonstrate that there will be no significant deterioration in the quality of the water in the immediate vicinity; (b) demonstrate that there will be no significant conflict with such water- dependent uses and activities as recreational boating, fishing, navigation, commerce, and aesthetic enjoyment of the waterfront; and (c) demonstrate that there will be no significant conflict with riparian rights or harbor lines.
E. Standards
1. Applicants for either houseboats or floating businesses shall meet all pertinent standards given in "Recreational Boating Facilities" (Section 300.4) under standards for residential docks, piers, and floats.
2. Houseboats and floating businesses shall tie into marina or port holding-tank pumpout facilities where available.