§ 260-53
Salt Pond Overlay District
[Added 2-14-2011 by Ch. No. 1739]
- A. Purpose. Westerly hereby establishes special regulatory land use standards for properties located within the Salt Pond Overlay District to recognize and protect the sensitive nature of the coastal environment and to coordinate with the policies and regulations of the Rhode Island Coastal Resources Management Council (CRMC) and its Salt Pond Region Special Area Management Plan for Westerly.
- B. Designation. The district includes all land shown on the map entitled "Town of Westerly Salt Pond Overlay District, May 2010" on file in the Planning Department. The Salt Pond Overlay District boundaries are the same as those contained in the CRMC's Salt Pond Region Special Area Management Plan.
- C. Activities within the Salt Pond Overlay District subject to Coastal Resources Management Council jurisdiction. The Rhode Island Coastal Resources Management Program should be referred to for specific regulatory requirements on buffers, setbacks, subdivision density, recreational docks, barrier beach development, beach replenishment, among other activities which occur within the Salt Pond Overlay District.
- D. Activities requiring Coastal Resources Management Council permit.
- (1) The following activities which occur within the Salt Pond Overlay District require a Coastal Resources Management Council assent (application approval). Refer to CRMC Salt Pond Region Special Area Management Plan, Chapter 9, Regulations, for more detailed information and required procedures.
- (a) Activities on or within 200 feet of a coastal shoreline feature.
- (b) Watershed activities:
- [1] New subdivisions of six units or more, or resubdivision for a sum total of six units or more on the property proposed after March 11, 1990, irrespective of ownership of the property or the length of time between when units are proposed.
- [2] Development requiring or creating more than 40,000 square feet of total impervious surface.
- [3] Construction or extension of municipal, private residential hook-ups to existing lines, or industrial sewage facilities, conduits, or interceptors (excluding onsite sewage disposal systems outside the 200' zone). Any activity or facility which generates or is designed, installed, or operated as a single unit to treat more than 2,000 gallons per day, or any combination of systems owned or controlled by a common owner and having a total design capacity of 2,000 gallons per day.
- [4] Water distribution systems and supply line extensions (excluding private residential hook-ups to existing lines.)
- [5] Development affecting freshwater wetlands in the vicinity of the coast.
- (2) In addition to the activities listed above, if the Coastal Resources Management Council determines that there is a reasonable probability that the project may impact coastal resources or conflict with the Salt Pond Region Special Area Management Plan (SAMP) or the Rhode Island Coastal Resources Management Program (RICRMP), a Council assent will be required in accordance with all applicable sections of the Rhode Island Coastal Resources Management Program.
- (1) The following activities which occur within the Salt Pond Overlay District require a Coastal Resources Management Council assent (application approval). Refer to CRMC Salt Pond Region Special Area Management Plan, Chapter 9, Regulations, for more detailed information and required procedures.
- E. Subdivision density. Subdivisions of six or more units, as defined in Subsection D(1)(b)[1], above, shall not exceed an average density of one residential unit per 80,000 square feet in self-sustaining lands and one residential unit per 120,000 square feet for lands of critical concern as defined by the CRMC and calculated on the basis of available land suitable for development.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
- F. Coordination with municipal land use reviews. CRMC review and approval of major subdivisions and land development projects are coordinated with municipal review and approval as established by state law (R.I.G.L. 45-23) and municipal regulations:
- (1) Written initial comments shall be solicited from the Coastal Resources Management Council for all major subdivision and land development projects. These comments shall be requirements for any submission and approval of the master plan phase of review.
- (2) Final approval from the Coastal Resources Management Council is required for major subdivision and land development projects as a submission requirement for the preliminary plan phase of review. Therefore, final approval from CRMC is required prior to the public hearing and approval of any preliminary plan.