Village of Rhinebeck, NY
Dutchess County
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Table of Contents
Table of Contents
Editor's Note: Former Ch. 64, Garbage, Rubbish and Refuse, comprised of Art. I, Refuse Disposal and Collection, adopted 6-7-1954 by Ord. No. 149, as amended; Art. II, Accumulation of Refuse, adopted 10-10-1955 by Ord. No. 152, as amended; and Art. III, Bags and Dumpsters, adopted 5-14-1991; was repealed by L.L. No. 2-1992.
[HISTORY: Adopted by the Board of Trustees of the Village of Rhinebeck 12-8-2009 by L.L. No. 2-2009. Amendments noted where applicable.]
GENERAL REFERENCES

Building construction and fire prevention — See Ch. 39.

Buildings, unsafe — See Ch. 41.

Zoning — See Ch. 120.

§ 64-1
Purpose and intent. 

§ 64-2
Definitions. 

§ 64-3
Certificate of removal or demolition or certificate of economic hardship required prior to issuance of demolition permit. 

§ 64-4
Application requirements for certificate of removal or demolition and Planning Board review procedure. 

§ 64-5
Criteria for review of application for certificate of removal or demolition. 

§ 64-6
Application requirements, review procedure and criteria for approval of certificate of economic hardship. 

§ 64-7
Self-created hardship. 

§ 64-8
Enforcement. 

§ 64-9
Violations and penalties. 

§ 64-10
Taking of emergency action. 

§ 64-1 Purpose and intent.

A. 

Within the Village of Rhinebeck (the "'Village") there is a district designated as the Rhinebeck Village Historic District (the "Historic District"). This District was so designated by the United States Department of the Interior following a thorough study undertaken at the behest of the New York State Department of Parks and Recreation. This study resulted in placement of the Historic District on the National Register of Historic Places on August 8, 1979. [NOTE: Documents pertaining to the history of the nomination process; the letter from the New York State Department of Pads and Recreation; the proposal to the United States Department of the Interior; and the Village of Rhinebeck Master Plan are on file with the office of the Rhinebeck Village Clerk and the Rhinebeck Historical Society.]

B. 

The Historic District encompasses most of the central area of the Village and is comprised of approximately 388 buildings representing a wide range of uses, ages and architectural styles. In 1993 the Village adopted its latest Master Plan, the result of a public review process undertaken by a committee of Rhinebeck residents, including members of the planning and zoning boards. The Master Plan specifically identified the Historic District and incorporated a map designating the boundaries and dimensions of the Historic District into its Master Plan. This map and physical description are annexed hereto as Exhibit A to this chapter and incorporated herein by reference.

Editor's Note: Said map and description are on file in the Village offices.

C. 

The proposal to the United States Department of the Interior for placement of this Historic District on the National Register of Historic Places notes the "period of significance" to be 1700-1930. The oldest buildings in this Historic District include the Beekman Arms and the General Montgomery House on Livingston Street, both built before the American Revolution. The Delamater House on Montgomery Street was built in 1844, designed by the renowned architect Alexander Jackson Davis. It represents one of the finest examples of American Gothic Revival in the nation. The District also includes Greek Revival homes, built in the 1800's, vernacular and high-style Victorian buildings from the nineteenth century, Italianate structures in brick, as well as Colonial Revival buildings. Other significant architectural styles include simple Colonial Georgian; Federal; Queen Anne; Second Empire and Gothic Revival.

D. 

There are three buildings located in the Village that are listed on the National Register of Historic Places but are not located within the Historic District. These are the Astor Home for Children on Mill Road (6339 Mill Street); the Benner House (1 Mill Street); and The Maples (Rhinebeck Health Center 108 Montgomery Street). [NOTE: Village of Rhinebeck Master Plan p. 24, April 1993.] References to the Historic District shall hereinafter include these three structures as well.

E. 

This chapter recognizes appurtenances to historic buildings such as stone walls, gates, fences, gazebos and "sidewalk" structure or ornamentation such as hitching posts as important features integral to historic properties and are deemed worthy of protection as well.

F. 

The Village specifically finds that these vital and irreplaceable buildings, while being afforded recognition, have not been protected. This chapter is designed to provide for the protection of those historic buildings situated within the Village which, by reason of their antiquity, uniqueness, setting or architectural construction, have been recognized, or may so be similarly recognized in the future, for both their contribution to a strong sense of identity within the community and for the tangible linkages the buildings provide to the Village's historic, architectural and cultural heritage.

G. 

While this chapter does not regulate exterior architectural features, including building elements such as windows, doors, cornices and materials such as roofing and siding, the Village recognizes these features as important to the integrity of historic buildings and encourages voluntary efforts to preserve these features and where replacement may be necessary employ either in-kind architectural elements and building materials or those exhibiting similar historical style. This chapter does not regulate but encourages voluntary protection of appurtenances to historic buildings, such as stone walls, hitching posts and original sidewalk ornamentation.

H. 

The purpose of this chapter is to reinforce the importance of the historic buildings of the Village and support the objectives of the aforementioned special historic designations by:

(1) 

Providing for the careful, thoughtful evaluation of any proposed action that would cause the removal or demolition of any such recognized historic building;

(2) 

Emphasizing as a statement of local policy that the conservation, protection, enhancement and presentation of such historic buildings is necessary to promote the economic, cultural, educational, and general welfare of the Village residents; and

(3) 

Allowing the continuing identification and recognition of historic buildings that represent distinctive elements of historic, architectural and cultural heritage.

§ 64-2 Definitions.

Unless specifically defined below, words or phrases in this chapter shall be interpreted so as to give them the same meaning as they have in common usage and so as to give this chapter its most reasonable application.

CERTIFICATE OF ECONOMIC HARDSHIP
A certificate issued by the Planning Board authorizing removal or demolition of an historic building, or portion thereof, even though a certificate of removal or demolition has previously been denied.
CERTIFICATE OF REMOVAL OR DEMOLITION
A certificate issued by the Planning Board indicating its approval of plans for removal or demolition of an historic building, or portion thereof.
A. 

Any building within the Village, now or in the future, having one or more of the following characteristics, all of which are referred to in this chapter as "an historic building" or "historic buildings":

(1) 

Designated as a National Historic Landmark by the federal or state government or by any department thereof.

(2) 

Located within the Rhinebeck Village Historic District, with the exception of those buildings identified below as noncontributing. Included within the Rhinebeck Village Historic District shall also be the three buildings identified above (the Astor Home for Children on Route 9; the Benner House at the intersection of Mill Street and Route 9; and The Maples, on Montgomery Street).

(3) 

Listed as individual buildings, or building complexes, on the National Register of Historic Places.

(4) 

Designated as a local landmark by the Village.

B. 

The term "contributing building" or "historic building" shall also apply to any building, or any other structure, that in the future is designated and included as an individual building, or building complex, or a contributing building within a district on the National and/or State Register of Historic Places and/or designated as a local landmark by the Village.

DEMOLITION
Any act or process that destroys an historic building or portion thereof.
DEMOLITION PERMIT
A type of building permit issued by the Village Zoning Enforcement Officer.
HISTORIC BUILDING
Any building identified as a contributing building. The term "historic building" shall also apply to any building that in the future may be included on the National and/or State Register of Historic Places and/or identified as a local landmark by the Village.
NONCONTRIBUTING BUILDING
Any building within the Historic District that has not been designated as a federal, state or local landmark and has one or more of the following characteristics:
A. 

It is not consistent with any of the architectural styles identified in this chapter; or

B. 

It was not present during the period of significance (1700-1930) or does not independently meet the National Register criteria; or

C. 

Due to alterations, disturbances, additions or other changes, it no longer possesses historic integrity or is otherwise not capable of yielding important information about the period of significance.

PARTIAL or PORTION THEREOF
As applied to either of the terms "demolition" or "removal," a change in exterior building mass involving any modification in either roofline or any reduction in building footprint.
PERIOD OF SIGNIFICANCE
Building constructed between 1700-1930.
PLANNING BOARD
The Planning Board of the Village of Rhinebeck.
REMOVAL
Any relocation of an historic building or portion thereof within its site or to another site.
TOWN-OUTSIDE-VILLAGE AREA
All area within the Town of Rhinebeck outside the Incorporated Village of Rhinebeck.
VILLAGE OF RHINEBECK
The Village Board of Trustees of the Village of Rhinebeck.
ZONING BOARD
The Zoning Board of Appeals of the Village of Rhinebeck.
ZONING ENFORCEMENT OFFICER
The Zoning Enforcement Officer of the Village of Rhinebeck.

§ 64-3 Certificate of removal or demolition or certificate of economic hardship required prior to issuance of demolition permit.

A. 

No person shall carry out the removal or demolition of an historic or contributing building without obtaining either a certificate of removal or demolition or, subsequently, a certificate of economic hardship.

B. 

Any application for demolition or removal of any building within the Village must first be made to the Zoning Enforcement Officer, pursuant to the provisions of Village Code § 120-58.

C. 

If the Zoning Enforcement Officer determines that the building in question is or may be a contributing building, the Zoning Enforcement Officer must refer the applicant to the Planning Board for a certificate of removal/demolition.

D. 

If the Zoning Enforcement Officer is unable to conclusively determine whether the building is or may be a contributing building, the Zoning Enforcement Officer must refer the applicant to the Planning Board.

E. 

Every application for a certificate of removal/demolition shall be forwarded by the Zoning Enforcement Officer to the Planning Board within seven calendar days of receipt of the application by the Zoning Enforcement Officer.

§ 64-4 Application requirements for certificate of removal or demolition and Planning Board review procedure.

A. 

The applicant shall provide the Planning Board with the following information on the form prescribed by the Planning Board:

(1) 

Name, address and telephone number of both the applicant and owner of record if not the applicant;

(2) 

Location, Tax Map number, and photographs of each side of the building; and a brief description of the structure indicating approximate date of construction, name of architect if known, historic and/or architectural and archaeological significance and a description of its setting, including related grounds, accessory buildings, structures and property boundaries;

(3) 

Immediate past 10 years' chronology of the use, occupancy and ownership of the property;

(4) 

Receipt for application fee, as may be set forth on the Village's Fee Schedule

Editor's Note: The Fee Schedule is on file in the Village offices.
as annually reviewed and established by the Village Board of Trustees; and

(5) 

Any other information specific to the removal or demolition required by the Planning Board to make a determination on an application for a certificate of removal or demolition, including data to demonstrate compliance with the criteria for approval of a certificate of removal or demolition as set forth below in Section 5 of this chapter.

B. 

The Planning Board shall hold a public hearing within 62 calendar days after receipt of an application completed in accordance with this section. At the hearing, all interested persons shall be provided the opportunity to present their views. Notice of the public hearing shall be sent both by certified mail to adjacent property owners and all other property owners within 200 feet of the parcel for which the certificate of removal or demolition is requested and published at least once in the official newspaper of the Village, at least 10 calendar days prior to the date of the public hearing.

C. 

At the public hearing, the applicant should be prepared to provide the following information, including but not limited to the following:

(1) 

History of the use, occupancy and ownership of the property;

(2) 

Engineering evaluation of the physical condition of the property;

(3) 

The economic feasibility of rehabilitation or reuse of the historic building on the property, including consideration of both uses permitted by right and those uses permitted upon issuance of a special use permit by the Planning Board;

(4) 

The cost of the proposed removal or demolition;

(5) 

All appraisals obtained within the previous two years by the owner or applicant in connection with the purchase, financing, or ownership of the property;

(6) 

Any listing of the property for sale or rent, price asked and offers received, if any, within the previous two years;

(7) 

Assessed value of the property according to the two most recent assessments;

(8) 

Real estate taxes for the previous two years;

(9) 

For income-producing property, the annual gross income from the property for the previous two years, itemized operating and maintenance expenses for the previous two years, and depreciation deduction and annual cash flow before and after debt service, if any, during the same period;

(10) 

The importance of the structure and the related property to the community's heritage; and

(11) 

Any other information considered necessary by the Planning Board to make a determination as to whether the property does yield or may yield a reasonable return to the owners.

D. 

In the case of an approval of the application for a certificate of removal or demolition, the Planning Board shall be empowered to impose reasonable conditions upon the applicant to ensure that the activity is conducted in a manner consistent with the spirit and intent of this chapter and to cause a dialogue with the applicant to ensure, to the maximum extent practicable, opportunity is made available for the historic building to be recorded and, in the case of demolition, salvageable architectural elements are removed prior to the demolition for use in the rehabilitation of other historic buildings.

E. 

A written statement of the reasons for the denial of the certificate of removal or demolition shall accompany any such denial. In the case of denial, the Planning Board shall be required to make nonbinding recommendations to the applicant concerning reuse or restoration of the building. The Planning Board may also notify a governmental agency with the authority to acquire the property and prevent its demolition through exercise of its power of eminent domain.

§ 64-5 Criteria for review of application for certificate of removal or demolition.

A. 

In reviewing an application for a certificate of removal or demolition for an historic building, the Planning Board decision shall consider whether:

(1) 

The building is of such architectural or historic significance that its removal or demolition would be to the detriment of the public interest;

(2) 

Retention of the building in its current form and/or at its present location is important to the Village's history or character;

(3) 

The building is of such old and unusual or uncommon design, texture and material that it could not be reproduced or be reproduced only with great difficulty;

(4) 

Retention of the building would help preserve and protect a historic place or area of historic interest in the Village;

(5) 

Retention will promote the general welfare by maintaining real estate values and encouraging interest in American history and architecture; and

(6) 

Whether throughout the review process the applicant has consulted cooperatively with the Planning Board, local preservation groups and other identified interested parties in a diligent effort to seek an alternative that will result in preservation of the historic building.

B. 

In order to approve an application for a certificate of removal or demolition for an historic building, the Planning Board shall find that one or more of the following criteria have been met:

(1) 

The building or portion of the building is in such condition that it is not feasible to preserve or restore.

(2) 

In the case of the removal or demolition of a portion of the building, the historic characteristics of the remaining portion of the building will remain intact.

(3) 

After considering the interests of the public and the owner, the benefits of demolition of the building outweigh any reasonable interest in preserving the building.

(4) 

The Planning Board shall further determine that the removal or demolition will not result in a significant avoidable diminution of the historic character of the community.

C. 

If the Planning Board denies approval of the application for a certificate of removal or demolition, the applicant may apply for relief, in accordance with the procedures set forth in § 64-6 of this chapter, on the grounds that the determination results in an economic hardship.

§ 64-6 Application requirements, review procedure and criteria for approval of certificate of economic hardship.

A. 

An applicant whose certificate of removal or demolition has been denied may apply to the Zoning Board of Appeals for a certificate of economic hardship to obtain relief on the grounds set forth in this section. Upon receipt of an application for relief in such form as the Zoning Board may prescribe, the Zoning Board shall, within 30 calendar days thereafter, hold a public hearing and give notice in the same manner as required in above § 64-4B. At the public hearing, all interested persons shall be afforded the opportunity to present their views.

B. 

At the public hearing, the Zoning Board may take testimony and entertain the submission of written evidence from the applicant and/or the public, including but not limited to the following:

(1) 

The cost of the proposed removal or demolition and an estimate of any other cost that would be incurred relating to compliance with a certificate of removal or demolition;

(2) 

The economic feasibility of rehabilitation or reuse of the existing building on the property;

(3) 

All appraisals obtained within the previous two years by the owner or applicant in connection with the purchase, financing, or ownership of the property;

(4) 

Any listing of the property for sale or rent, price asked and offers received, if any, within the previous two years;

(5) 

Assessed value of the property according to the two most recent assessments;

(6) 

Real property taxes for the previous two years;

(7) 

Form of ownership or operation of the property, whether sole proprietorship, for-profit or not-for-profit corporation, limited partnership, joint venture, or other;

(8) 

For income-producing property, the previous two years' annual gross income, itemized operating and maintenance expenses, depreciation deduction, and annual cash flow before and after debt service, if any; and

(9) 

Any other reasonable information considered necessary by the Zoning Board of Appeals in order to make a determination as to whether the property does yield or may yield a reasonable return to the owners.

C. 

To obtain a certificate of economic hardship, the applicant must prove the existence of economic hardship by establishing that:

(1) 

The building in its current state is incapable of earning a reasonable return; and/or is causing an unreasonable financial burden;

(2) 

The building cannot be adapted for any other use permissible under the Village's Zoning Law,

Editor's Note: See Ch. 120, Zoning.
whether by the current owner or by a purchaser, which would result in a reasonable return; and

(3) 

Reasonable efforts to find a purchaser interested in acquiring the property at fair market value for rehabilitation and preservation have been made and have failed.

D. 

The Zoning Board shall take into consideration the economic feasibility of alternatives to removal or demolition, and balance the interest of the public in preserving the historic building or portion thereof and the interest of the owner in removing or demolishing it.

E. 

The Zoning Board shall render its written decision and findings within 30 calendar days of the conclusion of the public hearing. In the case of an approval of the application for a certificate of economic hardship, the Planning Board shall be empowered to impose reasonable conditions upon the applicant to insure that the activity is conducted consistent with the spirit and intent of this chapter, including causing a dialogue with the applicant to insure to the extent practicable opportunity is made available for the historic building to be recorded and for salvageable architectural elements to be removed prior to demolition for use in the rehabilitation of other historic buildings.

§ 64-7 Self-created hardship.

A. 

In considering whether to grant relief to an applicant under § 64-5 or 64-6 above, the Zoning Board shall consider whether the applicant intentionally or unreasonably allowed the building to deteriorate.

B. 

A copy of the decision shall be sent within seven calendar days to the applicant by registered mail and a copy thereof filed with both the Village Clerk's office and the Zoning Enforcement Officer.

§ 64-8 Enforcement.

All work performed pursuant to a certificate of removal or demolition or certificate of economic hardship issued under this chapter shall conform to any requirements included therein and those further requirements that may be imposed by the Zoning Enforcement Officer in the ensuing issuance of the demolition permit. It shall be the duty of the Zoning Enforcement Officer to inspect periodically any such work to assure compliance. In the event it is found that the work is not being performed in accordance with the requirements of the certificate of removal or demolition, the certificate of economic hardship and/or the demolition permit, the Zoning Enforcement Officer shall immediately issue a stop-work order and all work shall immediately cease. No further work shall be undertaken on the project as long as a stop-work order is in effect.

§ 64-9 Violations and penalties.

A. 

Penalties for violation.

(1) 

Any person, firm, partnership, corporation or other party who violates any of the provisions of this chapter shall be deemed and held to be guilty of an offense and, upon conviction, shall be fined a sum not to exceed $250, or imprisoned for not more than 15 days, or both, for each offense. Each week during which the violation shall continue shall be held and deemed to be a separate offense.

(2) 

The Building Inspector and Zoning Enforcement Officer shall have the authority to issue appearance tickets and prosecute violations of this chapter. In addition, appearance tickets may also be issued by the Police Department and prosecution of such offenses may also be made by the Village Attorney or Attorney to the Village, as the case may be.

(3) 

In addition to criminal remedies, the Village shall have the right to seek injunctive relief in a court of competent jurisdiction against any person violating the provisions of this chapter.

(4) 

In addition to any other remedies set forth herein authorizing the Village to enforce the provisions of this chapter, establishing penalties, and setting forth additional remedies, the person charged with the responsibility to enforce the provisions of this chapter may impose a civil fine or agree to a civil fine not to exceed $1,000, per day for each day of the violation. If said civil fine is imposed, then the alleged violator may appeal to the Village Board.

B. 

Role of the Village Attorney. The Village Attorney is authorized and directed to assist the Zoning Enforcement Officer and institute any and all actions and proceedings necessary to timely enforce this chapter. Any civil remedy pursued shall be in addition to and not in lieu of any criminal prosecution and penalty.

§ 64-10 Taking of emergency action.

Nothing herein shall, however, be construed to prevent the demolition in whole or in part of any building which has been officially certified pursuant to § 41-5 of the Village Code, the Zoning Enforcement Officer or other appropriate Village authorities as being imminently dangerous to life or public health. In the event such demolition is authorized, the property shall be cleared and left in a manner that will neither have an adverse impact on any adjacent properties nor present a public danger.