Adaptive Remediation
A. Purpose. The purpose of this section is to support environmental remediation by recognizing the inherently unique characteristics of parcels subject to brownfield jurisdiction. Brownfield remediation is expensive and inherently imposes atypical site layout and use limitations. As such, strict adherence to the literal dimensions of any zone inadvertently limits the viability of brownfield site remediation because of the unique characteristics of such land. This section supports environmental remediation through flexible zoning and subdivision that results in an organization of parcels, structures and uses that economically support site remediation and the creation of open space.
B. Eligible Site. The provisions of this chapter shall not be an incentive to maintain structures that are environmental risks and/or were causes of environmental contamination. An Eligible site must meet the following criteria:
(1) Brownfield Site. A parcel subject to active brownfield site jurisdiction and review by the Rhode Island Department of Environmental Management or the U.S. Environmental Protection Agency may use this chapter to support environmental remediation, however.
(2) Brownfield Structure. The site must have been the location of a commercial or industrial structure that was causal to or otherwise a portion of the overall use of the site during the use of the site that resulted in pollution or contamination sufficient to incur brownfield jurisdiction.
C. Procedure. The driving principle of Adaptive Reuse, which uses flexibility to encourage rehabilitation of sites and structures, is the same driving principle of Adaptive Remediation. The Adaptive Remediation land development process encourages remediation of an entire brownfield site instead of encouraging the continuation of structures that are or were causes of contamination or environmental harm. Accordingly, Adaptive Remediation shall, in addition to requiring state or federal review and approval of the brownfield remediation, shall be subject to major land development review. The application shall comply with the following criteria:
(1) Minimum Open Space. At least ten percent (10%) of the site shall be open space, and
(2) Non-Residential zone. This site is not located within an R-1, R-2, or R-3 zone.
D. Adaptive Remediation Dimensions. Site remediation and creation of open space shall entitle the parcel(s) subject to the jurisdiction of brownfield remediation the dimensional flexibility to support the site viability and/or economic viability of the remediation and establishment of open space. To support the creation of open space and site remediation, parcels shall only be restricted to the dimensions necessary to accommodate structures in accordance with the State building code.
E. Limitations:
(1) Setbacks. Setbacks requirements shall be limited to the perimeter of the site abutting third party property owners. The site setbacks relative to third party abutters shall conform to base zone setbacks, or the average setbacks of abutting parcels, or the median setback of abutting parcels, or maintaining historic nonconforming footprint setbacks.
(2) Height and Volume. Structures shall not exceed the height or total volume and massing of the brownfield structures.
(3) Brownfield Structure Square Footage Limitation. To support overall site rehabilitation, including the removal of contaminated structures on parcels subject to brownfield jurisdiction, the gross floor area of such structures are not required to be maintained or reconstructed in the same manner as the structure(s) associated with the contaminated structure, but shall be permitted to be adaptively redistributed across the parcel(s) subject to brownfield jurisdiction. To ensure the structural use of the site does not exceed historic precedent, the total square footage approved by and through the Adaptive Remediation Process shall be less than the precedential Brownfield Structure Square Footage.
(4) Uses. The uses proposed on the site must be consistent with the environmental restrictions or remediation requirements imposed through the brownfield remediation plan as such is reviewed and approved by the Rhode Island Department of Environmental Management or the U.S. Environmental Protection Agency, otherwise the site remediation and creation of open space shall entitle the parcel(s) subject to the jurisdiction of brownfield remediation the use flexibility reasonably related to the overall site viability and/or economic viability of the remediation and the establishment of open space.
(Ord. dated 6-16-26)
REFERENCES
R.I. Gen. Laws §§ 45-23-32, 45-23-38, 45-23-42, 45-23-50, 45-24-31, 45-24-37, 45-24.3-11; 510-RICR-00-00-6.