RICRMC Policies & Procedures Agenda 9/21/11

AGENDA
Planning and Procedures Subcommittee
Coastal Resources Management Council
Stedman Government Center
4808 Tower Hill Rd Wakefield, RI
September 21, 2011, 8:30 am

1. Call to Order

2. Approval of July 27, 2011 meeting minutes

3. OLD BUSINESS/WORKS IN PROGRESS – none scheduled

4. PROPOSED PROGRAMMATIC REVISIONS – for action

REDBOOK/SAMP
A. Section 120 – Variances B. OceanSAMP–Chapter8–RenewableEnergyandOtherOffshoreDevelopment
- Section 860. General Policies and Regulatory Standards
C. OceanSAMP–Chapter11–ThePoliciesoftheOceanSAMP
- Section 1160.5. Application Requirementss

5. OTHER BUSINESS – for discussion

6. NEW BUSINESS – none scheduled

7. STAFF REPORTS – none scheduled

8. ADJOURN

Section 120 Variances

A. Applicants desiring a variance from a standard shall make such request in writing and address the six criteria listed below in writing. Except as otherwise provided herein, ~~The~~ the application shall then be granted a ~~n Assent~~variance only if the Council finds that the following six criteria are met.

(1) The proposed alteration conforms with applicable goals and policies ~~in Parts Two and Three~~ of the Coastal Resources Management Program.

(2) The proposed alteration will not result in significant adverse environmental impacts or use conflicts, including but not limited to, taking into account cumulative impacts.

(3) Due to conditions at the site in question, the applicable standard(s) cannot be met.

(4) The modification requested by the applicant is the minimum variance to the applicable standard(s) necessary to allow a reasonable alteration or use of the site.

(5) The requested variance to the applicable standard(s) is not due to any prior action of the applicant or the applicant’s predecessors in title. With respect to subdivisions, the Council will consider the factors as set forth in (B) below in determining the prior action of the applicant.

(6) Due to the conditions of the site in question, the standard(s) will cause the applicant an undue hardship. In order to receive relief from an undue hardship an applicant must demonstrate inter alia the nature of the hardship and that the hardship is shown to be unique or particular to the site. Mere economic diminution, economic advantage, or inconvenience does not constitute a showing of undue hardship that will support the granting of a variance.

B. In reviewing requests for buffer zone variances for subdivisions of five (5) lots or less, the Council will review on a case-by-case basis the extent to which the prior action of the applicant or its predecessor in title created or caused the need for a variance, whether the applicant has created the need for a variance by the subdivision and whether the subdivision complies with local zoning requirements.

C. Relief from a standard does not remove the applicant's responsibility to comply with all other Program requirements.

D. Prior to requesting approval for a CRMC variance, in those instances where a variance would be obviated if a variance for a setback were acquired from the local municipality, the applicant must first exhaust his remedies before the local municipality.

ITEM 4.B

Ocean SAMP

Section 860.2.5

p. The applicant is not required to initiate the decommissioning process for facilities that are authorized to remain in place under the applicant’s approved COP. If, following the technical and environmental review of the applicant’s submitted COP, the Council determines that such facilities may not remain in place the applicant shall initiate the decommissioning process.

q. The Executive Director on behalf of the council will be responsible reviewing and approving the SAP, and may seek the advice of the FAB and HAB is setting out the studies to be completed for the SAP. Once approved the Executive Director will report to the Council at the first available meeting the studies to be conducted and the approximate schedule of the studies and to what degree these have been coordinated with other agencies.

ITEM 4.C

Section 1160.5

xvi. The applicant is not required to initiate the decommissioning process for facilities that are authorized to remain in place under the applicant’s approved COP. If, following the technical and environmental review of the applicant’s submitted COP, the Council determines that such facilities may not remain in place the applicant shall initiate the decommissioning process.

xvii. The Executive Director on behalf of the council will be responsible reviewing and approving the SAP, and may seek the advice of the FAB and HAB is setting out the studies to be completed for the SAP. Once approved the Executive Director will report to the Council at the first available meeting the studies to be conducted and the approximate schedule of the studies and to what degree these have been coordinated with other agencies.

CALENDAR INDEX

RI Coastal Resources Management Council