The following supplementary regulations are applicable to all
uses and all zoning districts within the Town of Rhinebeck unless
otherwise provided herein.
No use shall be established through the subdivision, site plan,
and special use permit approval processes, nor maintained in conformance
with this chapter, that does not comply with the following environmental
performance standards of use, occupancy and operation, in addition
to all relevant provisions of other local, county, state and federal
laws, rules or regulations. Continued conformance with such standards,
once applicable, shall be a requirement for the continuance of any
certificate of occupancy. This section shall not apply to agricultural
operations conducted using sound agricultural practices as determined
by the New York State Department of Agriculture and Markets nor forestry
operations conducted in a manner consistent with the Timber Harvesting
Guidelines as published by the New York State Department of Environmental
Conservation.
B.
Smoke and other particulate matter. Except for United States Environmental
Protection Agency (EPA) certified wood, pellet, biomass or multi-fuel
stoves and fireplace inserts, no person, firm or corporation shall
permit the emission of smoke or any other atmospheric pollutant, from
any source whatever, for a period or periods aggregating more than
four minutes in any one hour, which exceeds the density or equivalent
capacity of No. 1 on the Ringelmann Chart as measured at the point
of emission. In no case shall the emission of smoke or other particulate
matter violate the applicable air resource regulations of the New
York State Department of Environmental Conservation, including but
not limited to 6 NYCRR Parts 200 to 317.
C.
Lighting and heat. No unreasonable heat shall be produced that is perceptible beyond the boundaries of the lot on which such use is situated. A rise in temperature of 1° F. along any adjoining property line shall be considered perceptible. Lighting shall be in accordance with the Town of Rhinebeck Lighting Regulations, as set forth in Article V, § 125-56, of this chapter.
D.
Wastes. No solid or liquid wastes shall be discharged into any public
sewer, common or private sewage disposal system, stream or on or into
the ground, except in strict conformance with the standards approved
by the New York State Health Department, the New York State Department
of Environmental Conservation, Dutchess County and/or other duly empowered
agency. Facilities for the storage of solid wastes shall be so located
and designed as to be screened from the street and/or from any adjoining
property and so as to discourage the harboring of rodents or insects.
E.
Radioactivity or electromagnetic disturbance. No activity shall be
permitted which emits dangerous radioactivity beyond the building
in which such activity is located, and the handling, storage or disposal
of radioactive materials or waste by-products shall be conducted in
strict accordance with applicable state and federal requirements.
No activity shall be permitted which causes electrical disturbance
adversely affecting the operation of radios, televisions or any equipment
other than that of the creator of such disturbance unless state or
federal regulation requires such operation to be permitted.
F.
Fire and explosion hazards. All activities involving, and all storage
of, inflammable and explosive materials shall be provided with adequate
safety devices against the hazard of fire and explosion and with adequate
fire-fighting and fire suppression equipment and devices standard
in the industry. All applicable requirements of the New York State
Uniform Fire Prevention and Building Code, New York State Department
of Environmental Conservation regulations, as well as the provisions
of the National Fire Protective Association (NFPA) Code, shall be
fully observed. Copies of SARA (Superfund Amendment and Reauthorization
Act) forms filed with the Dutchess County Emergency Response Agency
shall also be filed with the Town Code Enforcement Officer.
G.
Odor. No person, firm or corporation, excluding farms and agricultural
operations, shall permit the emission of any offensive or obnoxious
odor discernible at the property line of the lot from which the odor
is emitted.
H.
Toxic or noxious matter. No land use or operation shall be permitted
which permits or causes the escape of any toxic or noxious fumes,
gases or other matter outside the building in which the use is conducted.
I.
Vibration. No activity shall cause or create a steady-state or impact
vibration discernible at any lot line in accordance with the following
method of measurement:
(1)
Method of measurement. For the purpose of measuring vibration, a
three-component measuring system approved by the Town Engineer shall
be employed.
(2)
Maximum permitted steady-state and impact vibration displacement.
No activity shall cause or create a steady-state or impact vibration
displacement by frequency bands in excess of that indicated in the
following table:
|
Vibration Displacement
| |||
|---|---|---|---|
|
Frequency
(cycles per second)
|
Steady-State
(inches)
|
Impact
(inches)
| |
|
Under 10
|
0.0005
|
0.001
| |
|
10 to 19
|
0.0004
|
0.0008
| |
|
20 to 29
|
0.0003
|
0.0006
| |
|
30 to 39
|
0.0002
|
0.0004
| |
|
40 and over
|
0.0001
|
0.0002
| |
A.
Intent and purposes. The Town of Rhinebeck finds that large and highly visible parking areas can damage the rural, scenic and historic character of the community, can encourage vehicle travel while discouraging travel by foot, bicycle and public transit and can increase energy consumption, traffic congestion and air pollution and can reduce the quality of life. The Town of Rhinebeck wishes to promote public transit, walking, bicycling, park-and-ride facilities, and car- and van pooling where feasible while reducing the cost of housing, and encourages applicants to limit the number of parking spaces provided. Therefore, with the exception of the minimum handicapped parking spaces required by Subsection I, the parking standards provided herein are maximums.
B.
Parking is subordinate to principal use. The purpose of the off-street
parking and loading standards is to ensure that such uses are treated
as accessory uses, do not predominate the site, are properly placed
in relation to buildings to minimize their visibility, and feature
quality landscaping and architecture along the road frontage to reduce
the visual impact of glare, headlights, and parking lot lights to
roadways and neighboring properties. Off-street parking areas should
complement the buildings on a site, improve the visual appearance
of the Town of Rhinebeck, protect the character of residential, business,
institutional, and commercial areas, and conserve the value of land
and buildings on surrounding properties.
C.
Parking space requirements. Permanent off-street parking and loading
spaces shall be provided in all districts for all uses in accordance
with the criteria set forth below, except for single-family dwellings,
unless such single-family dwellings require subdivision, site plan
and/or special use permit approval:
(1)
When any new building or structure is erected;
(2)
When any existing building or structure is enlarged or increased
in capacity;
(3)
When adding dwelling units, guest rooms, seats or floor area to an
existing or lawfully approved structure;
(4)
When a new use is established;
(5)
When an existing use is changed to another use; or
(6)
When a new business activity is added.
D.
Permitted accessory uses. Off-street parking spaces are permitted
accessory to any use, subject to the provisions of this section. Off-street
loading berths are permitted accessory to any use except residences
for one or two families. No off-street loading berth shall be located
in a front yard in any district.
E.
Schedule of Off-Street Parking Space Standards. Accessory off-street
parking and loading spaces shall be provided as specified by the typical
generation rates below, except where a written report defining and
documenting the feasibility of a reduction or increase in spaces is
submitted by a qualified parking consultant and approved by the Planning
Board. Any land which is developed as a unit under single ownership
and control shall be considered a single lot for the purpose of these
standards. The final number and layout of parking spaces shall be
based on the need to protect public safety and convenience while minimizing
harm to the character of the community and to rural, scenic, historic,
and environmental resources. In determining the parking requirements
for any proposed use, the Planning Board shall consider the Schedule
of Off-street Parking and Loading Space Standards, together with the
following criteria:
(1)
The maximum number of persons who would be parking at the use as
employees, customers, clients, members, students or other users, at
times of peak daily usage. However, it is not appropriate to design
for the peak accumulation that could conceivably ever occur.
(2)
The size of the structure(s) and the site.
(3)
The rural, scenic and/or historic sensitivity of the site.
(4)
The distance and access to public transit, the potential for ride-sharing
or use of alternative measures such as automated parking.
(5)
The potential for shared parking, where peak parking accumulation
can be accommodated at different times of the day, week or season
by nearby land uses. Shared parking should be examined in relation
to the availability of such off-site, off-street parking existing
within 800 feet of the site. Shared parking must be either open to
the public, owned or controlled by the applicant, or where a deeded
right to shared use has been demonstrated by the applicant.
(6)
The potential for staggered hours of use, in the case of a combination
of uses on a single parcel, to reduce the parking requirements. The
applicant shall legally assure, to the satisfaction of the Planning
Board and Town Attorney, how staggered hours of operation will continue
for the life of the uses.
(7)
The maximum parking space generation rates may be increased by the
Planning Board where an applicant demonstrates that the particular
development characteristics of the proposed land use require a greater
number of spaces than specified herein. Such demonstration shall include
documentation of parking experience elsewhere through surveys of demand
and problems at existing uses that may be applicable and/or a study
of patterns of local automobile use that shows adjustments in design
day peaks are needed. The Planning Board may require applicants to
address alternatives for reducing vehicle use, parking demand and
housing costs by limiting the number of parking spaces to less than
the maximums identified herein.
|
Schedule of Off-Street Parking Space Standards
| |||
|---|---|---|---|
|
Use
|
Typical Parking Space Generation Rates
|
Loading Spaces Required
| |
|
One-family dwelling
|
2/dwelling unit
|
None
| |
|
Two-family dwelling
|
1.5/1-bedroom unit plus 2/2-bedroom unit
|
None
| |
|
Accessory dwelling
|
1/dwelling unit
|
None
| |
|
Multifamily dwelling
|
1.5/dwelling unit
|
None
| |
|
Senior citizen or other elderly housing
|
0.33/resident
|
None
| |
|
Home occupation
|
1/500 square feet of GFA devoted to the home occupation
|
None
| |
|
Congregate housing
|
0.65/1-bedroom unit plus 0.85/2-bedroom unit
|
None
| |
|
Townhouse or row house
|
1/1-bedroom unit plus 1.25/2-bedroom unit
|
None
| |
|
Convenience retail, such as grocery or video stores
|
4/1,000 square feet GFA
|
Same as general retail
| |
|
Farm markets and roadside stands
|
4/1,000 square feet GFA
|
Same as general retail
| |
|
General retail, such as florists or appliance sales
|
3.3/1,000 square feet GFA
| ||
|
Hard goods such as hardware or building products
|
2.5/1,000 square feet GFA interior sales space plus 1.5/1,000
square feet interior storage
|
Same as general retail
| |
|
Motor vehicle sales and service
|
2.5/1,000 square feet GFA interior sales space plus 1.5/1,000
square feet of external display (does not include stock areas closed
to the public) plus 3/service bay
|
Same as light manufacturing
| |
|
Other retail/service uses
|
As determined by the Planning Board
|
Same as general retail
| |
|
Personal service establishments
|
2/treatment station but not less than 4/1,000 square feet GFA
|
None
| |
|
Service retail
|
2.4/1,000 square feet GFA
|
Same as general retail
| |
|
Delicatessen or restaurant
|
12/1,000 square feet NUA plus any spaces required for banquet
and meeting rooms
| ||
|
Business and professional offices
|
3.6/1,000 square feet GFA
| ||
|
Funeral homes
|
1/3 persons accommodated at capacity plus 1/2 employees
|
1/chapel, which shall be 10 feet wide, 20 feet long, and 7 1/2
feet high
| |
|
Medical, dental or veterinary offices
|
6/1,000 square feet GFA for GFA up to 5,000 square feet; 5.5/1,000
square feet NUA for buildings with GFA over 5,000 square feet
| ||
|
Light manufacturing
|
2/1,000 square feet GFA plus any required spaces for offices,
sales, or similar use or as special conditions may require
|
1/10,000 square feet up to 50,000 square feet GFA plus one for
each 50,000 square feet thereafter or as special conditions require
| |
|
Wholesale businesses
|
0.5/1,000 square feet GFA plus any required spaces for offices,
sales, or similar use or as special conditions may require
|
1/50,000 square feet GFA
| |
|
Children's camp or day camp
|
1/2 members or accommodations (whichever is greater)
|
None
| |
|
Not-for-profit membership clubs
|
1/1,000 square feet GFA but not less than 1/5 seats
|
None
| |
|
Hospitals
|
0.4/employee plus 1/3 beds plus 1/5 average daily outpatient
treatments plus 1/4 members of medical staff
|
1/100,000 square feet GFA
| |
|
Educational institutions, public libraries, museums, state-accredited
private schools
|
To be established by the Planning Board based on a study of
parking needs prepared specifically for the subject institution
|
To be established by the Planning Board based on a study of
loading space needs prepared specifically for the subject institution
| |
|
Nursery school or day care
|
1/employee plus 0.1/person of capacity enrollment plus drop-off
spaces equal to 1/8 enrollees permitted
|
None
| |
|
Other place of public assembly
|
0.25/person in permitted capacity
|
1/100,000 square feet GFA
| |
|
Recreational facility
|
0.33/person in permitted capacity
|
1/100,000 square feet GFA
| |
F.
Uses not listed. Within the CB-N and VG Districts, the specific parking standards of Article VIII apply. Reasonable and appropriate off-street parking and loading requirements for structures and uses which do not fall within the categories listed above shall be determined by the Planning Board upon consideration of all factors entering into the parking needs of each such use. The Planning Board remains responsible for balancing the need for adequate parking with the need to avoid the negative environmental impacts of excessive parking.
G.
Water quality protection. Special care is required for development of impervious surface parking lots in the Water Resources Protection Overlay District. See Article V, § 125-54C, for the Town of Rhinebeck stormwater management regulations pertaining to impervious surfaces. All surfacing, grading and drainage shall facilitate groundwater recharge by minimizing impervious pavement, and all peak or overflow parking areas shall be permeable. The provision of such parking areas using the following low-impact development measures is required by Article V, § 125-60 (See Schedule A in § 125-60 for further information.[1]), and is encouraged herein. The Planning Board remains
responsible for the determination of which measures are warranted:
(1)
Rain gardens and bioretention.
(2)
Rooftop gardens (also known as "vegetated" or "green" roofs).
(3)
Vegetated swales, buffers, and strips.
(4)
Tree preservation.
(5)
Roof leader disconnection.
(6)
Rain barrels and cisterns.
(7)
Permeable pavers, permeable asphalt, permeable concrete.
(8)
Soil amendments.
(9)
Impervious surface reduction and disconnection.
(10)
Pollution prevention and good housekeeping.
(11)
Sidewalk storage.
(12)
Planter boxes.
(13)
Tree box filters.
(14)
Pocket wetlands.
[1]
Editor's Note: Schedule A, Stormwater Management Practices, is included as an attachment to this chapter.
H.
Parking reserve areas. The Planning Board is authorized to approve parking reserve areas which may not be constructed until and unless demand is evident. The Planning Board may, as a condition of allowing parking reserve areas, require an applicant to set aside (or to "bank") land to meet potential future parking needs. Such land shall remain in its natural state or be landscaped, but may not be used in a manner that would prevent it from being developed for parking in the future. Reserve areas shall be clearly identified on site plans approved under § 125-75. A covenant shall be executed guaranteeing that the owner will provide the additional spaces if the Zoning Enforcement Officer, upon thorough investigation of the actual use of parking spaces at the building or use, recommends to the Planning Board that the approved reduction be modified or revoked.
I.
ADA compliance. Parking areas shall comply with the applicable requirements
of the Americans with Disabilities Act. All handicapped parking spaces
shall be designed in accordance with the American National Standards
Institute, Inc. Standards for Making Buildings and Facilities Accessible
To and Usable by Physically Handicapped People (ANSI A117.1-1980,
or as amended).
J.
Definitions. There are terms used in this section of the Zoning Law that are applicable principally if not exclusively within this section alone. The terms used in this section or in documents prepared or reviewed under this section of the Zoning Law shall have the meaning as set forth in Article XIII.
K.
Areas computed as parking spaces. Areas which may be computed as
off-street parking spaces include any private garage, carport or other
area available for parking, other than street or a driveway. A driveway
for a one-family residence may count as one parking space and a driveway
for a two-family residence may count as two parking spaces, other
than on a corner lot, where the visibility at intersections is to
be safeguarded.
L.
Size and location of parking spaces.
(1)
All off-street parking shall be located in conformance with the minimum parking setbacks set forth within § 125-21, District Schedule of Area and Bulk Regulations, and where practicable behind or to the side of the principal building(s). In no case shall parking be located within 50 feet of the designated front lot line or right-of-way. Parking spaces shall be screened from public view to the maximum extent practicable, provided such screening does not interfere with safety standards for sight distance.
[Amended 7-25-2016 by L.L. No. 5-2016]
(2)
Entrance and exit roadways shall not be computed as parking space except for one-family and two-family residences as in Subsection K above. The stall width shall be nine feet and length 19 feet. Provision shall be made at convenience retail facilities for shopping cart collection areas. Recommended parking dimensions are shown in the illustration below:
|
M.
Screening. Within any district, parking may be located anywhere on
the site only if it is screened from public roads and adjoining properties
or it is part of a commercial development which is not visible from
any public road, designated open space area, public building, or residential
property.
N.
Pedestrian and vehicle access. Unobstructed access to and from a
street shall be provided. Such access shall consist of at least one
ten-foot lane for parking areas with fewer than 20 spaces and at least
two ten-foot lanes for parking areas with 20 spaces or more. Commercial
entrances on roads shall be consolidated, where possible, and internal
service streets shall be used as an alternative to new access locations.
Pedestrian networks and crosswalks shall be created in order to create
connections to shared parking, public transportation, and walking
between stores and nearby housing.
P.
Landscaping requirements. Parking lot landscaping is in addition to all other landscaping requirements of the Zoning Law. See Article V, § 125-57, for landscaping requirements of all uses requiring special use permits and/or site plan approval. A minimum of 20% of the area between the inside perimeter of the parking surface of the parking area shall be landscaped and maintained with trees, shrubs and other plant materials, as determined necessary by the Planning Board. Natural landscaping can count as part of the minimum twenty-percent requirement. In all parking lots providing eight or more off-street parking spaces, a minimum of one canopy tree having a caliper of at least three inches and 10 shrubs shall be planted for each eight parking spaces and any additional portion thereof, said tree(s) to be planted in median dividers, landscape islands or such other locations as may be determined by the Planning Board to relieve the monotonous expanse of asphalt and provide shade for parked vehicles.
Q.
Parking lot landscaping principles. The following principles of off-street
parking lot design shall be considered in developing a landscape plan.
It is recognized that each site is different due to topography, the
presence of surface water resources, and other factors such as snow
removal. Therefore, while the use of all principles is encouraged
in parking lot design, each may not be attainable on every site. The
Planning Board is responsible for determining the use of the parking
lot landscaping principles.
(1)
Landscape materials should be limited to the use of native species
since such species are tolerant of Southeastern New York's climate,
are generally disease-resistant, do not create unusual maintenance
problems, and are readily available from local nurseries. A variety
of shade tree species to provide visual interest, to protect against
same species die-out or disease, and be tolerant of road salt shall
be used. Large-leafed and/or fruiting trees that may be considered
a nuisance should be avoided.
(2)
To reduce or, if possible, eliminate the visual impact of the parking
lot, provide a ten-foot-wide landscape strip around the perimeter
of the lot, to be planted with shade trees and low shrubs. Existing
natural vegetation that is preserved may substitute for the ten-foot
landscape strip as long as it is thickly vegetated year-round. Provide
a minimum of one shade tree for every 35 feet of lot perimeter but
not necessarily at 35 feet on-center. In the judgment of the Planning
Board, additional shade trees and sufficient shrubs may be necessary
to effectively shade/screen the parking lot.
(3)
If possible, eliminate blacktop and reduce stormwater runoff by using
porous or pervious surfaces such as paving blocks, porous concrete,
porous asphalt and bricks, pavers, or textured surfaces for crosswalks.
For uses subject to seasonal fluctuations, establish overflow parking
using pervious surfaces such as cellular concrete blocks or recycled
plastic ring-forms where the interstices are filled with earth and
planted with grass. The Planning Board remains responsible for determination
of the adequacy of parking supply demand.
(4)
Direct runoff to rain gardens landscaped with native plants. A rain
garden is a shallow depression that captures runoff from impervious
surfaces and filters out non-point source pollutants. If possible,
capture not only parking lot runoff but rooftop runoff as well. If
rooftop runoff cannot be captured, then use green roofs, where rooftops
are planted with vegetation.
(5)
Divide the rows of parking with planting strips and trees, averaging
a tree every six to 10 spaces. Planting strips should be a minimum
of eight feet in width.
(6)
Provide diamond-shaped tree islands six feet wide for every four
to six parking stalls.
(7)
Reduce visual impacts by breaking up large parking lots into smaller
parking groves and parking courts with a significant number of shade
trees and surrounded by low hedges, stone walls, or attractive fencing.
Avoid more than 10 parking spaces in a continuous row and more than
20 spaces in any single parking area defined by landscaping.
(8)
Create large planting islands (over 500 square feet) to be located
throughout the lot and planted with shade trees, low shrubs, and/or
ground cover. These should preferably be located at the ends of parking
rows.
(9)
Provide planting islands between every 10 spaces to avoid long rows
of parked cars. Each of these planting islands should provide at least
one shade tree.
(10)
Landscaping should be used to delineate vehicular and pedestrian
patterns. Clear and legible signs, different color and texture paving
materials, raised or inverted areas, and other techniques should be
used to further direct the flow of both vehicular and pedestrian traffic
within the lot.
(11)
Use existing woodlands, if located on the site, by preserving
as much as possible along the perimeter of the lot. Provide additional
evergreen shrubs if needed.
(12)
The use of evergreen trees is discouraged as shade trees, but
evergreen trees may be included as part of a complete landscape plan.
(13)
The use of non-plant materials as part of the landscape plan
is encouraged, especially where such materials exist on the subject
site. These materials may include the following: large landscape-quality
boulders, water features, wood or concrete soil-retaining devices,
gravels, concrete garden amenities, and approved mulch materials.
(15)
In large parking lots, separate pedestrian walkways should be
provided to allow safe movement within the lots. These facilities
should generally be oriented perpendicular to and between parking
bays. Adjacent to the walks, trees should be planted. Coordinate pedestrian
walkways with access for public transit if available or planned. The
following walkway guidelines also apply:
(a)
One walkway can serve as a collector for up to four bays of
parked cars.
(b)
The walkway should be a minimum of four feet wide, allowing
an additional 30 inches on each side for overhanging of automobiles.
(c)
All walkways should be raised to a standard sidewalk height
and should be constructed of different paving material than the parking
lot.
(d)
Provide pedestrian and bicycle amenities such as benches, shade,
human-scale lighting, and bicycle racks.
S.
Design standards.
(1)
Parking facilities shall be designed with regard for orderly management,
topography, landscaping, ease of access, and shall be developed as
an integral part of an overall site design.
(2)
Parking spaces shall have wheel stops or curbs to prevent injury
to trees and shrubs planted in landscaped islands.
(3)
Bicycle parking spaces and racks shall be provided in an area that
does not conflict with vehicular traffic. Designated van/car pool
parking, and other facilities for transportation alternatives to single-occupancy
vehicle use shall be provided wherever practical.
(4)
All aboveground loading facilities shall be oriented to preserve
auditory privacy between adjacent buildings and shall be screened
from public view to the extent necessary to eliminate unsightliness.
(5)
Areas which may be considered as meeting off-street parking space
requirements may include a garage, carport or other properly developed
area available for parking, not to include a public street unless
otherwise permitted herein.
(6)
In all districts, parking areas shall be located no closer to any
property line than the minimum parking setbacks established in the
District Schedule of Area and Bulk Regulations.[2] If parking associated with a nonresidential use is abutting
an existing residential use or a residential district, a minimum 20
feet of separation between any parking area or access thereto and
the residential property line shall be maintained. Except for the
mixed-use districts, no parking areas for a nonresidential use shall
be provided on a residential parcel or in a residential district.
[2]
Editor's Note: The Schedules of Area and Bulk Regulations are included as attachments to this chapter.
(7)
All parking areas shall be suitably drained, graded, surfaced and maintained. Except for one- or two-family dwellings, parking lot surfacing requirements shall be established by the Planning Board under site plan review, as provided for in Article VII of this chapter, with particular consideration given to the potential adverse water quality and quantity impacts of impervious surfaces, the number of vehicles accommodated and the proposed intensity and season(s) of use. All paved parking areas shall be suitably identified to indicate individual parking spaces, maneuvering areas, entrances and exits.
(8)
Streetscapes adjoining parking areas shall be unified with continuous
street trees and, where possible, with planted medians to prevent
unlimited left turns.
T.
Screening from residential uses.
(1)
Whenever a parking lot of five spaces or more abuts the side or rear lot line of a lot in a residence district, or any land in residential use, said parking lot shall be effectively screened from such adjoining lot by a thick evergreen hedge, with a height of not less than six feet at the time of planting and pruned to a height of not less than 6 1/2 feet. In the event a thick evergreen hedge is not feasible, then the Planning Board may consider the use of a substantial wall, fence, or berm, provided it meets the parking lot design standards found in Subsection S above, the Design Standards document referenced in Article VII and found in Appendix A of this chapter,[3] and is consistent with Preservation of Natural and Cultural Features: Design Standards found in Article V, § 125-55, herein. In order to break the visual monotony of a wall when walls are used, at least one shrub or vine shall be planted abutting the wall within each 10 feet but not necessarily evenly spaced 10 feet apart. In lieu of the vine or shrub requirement, the Planning Board may approve a wall having a significant design variation spaced at intervals of not more than 20 feet.
[3]
Editor's Note: Appendix A is on file in the Town offices.
(2)
Whenever a parking lot is located across the street from land in
any residence district, or any land in residential use, it shall be
screened from the view of such land by a thick hedge located along
a line drawn parallel to the street and a distance of five feet therefrom,
such hedge to be interrupted only at points of ingress and egress.
The open area between such hedge and the street shall be landscaped
in harmony with the landscaping prevailing on neighboring properties
fronting on the same street. Other screening techniques may be provided
where the Planning Board finds their use to be more appropriate or
more effective than a thick hedge at the location.
(3)
Identification and directional signs located on the street side of
such screening shall not exceed an area of two square feet each and
shall be limited to such number as are essential for the particular
use.
U.
Trailers (camping or travel), motor and sail boats, and commercial
vehicles.
(1)
The outdoor storage, parking or use of camping or travel trailers, motor- or sailboats, boat or utility trailers and commercial vehicles for more than two weeks per year is hereby prohibited in all districts except as permitted in Article V, § 125-53, of this chapter and:
(a)
One camping or travel trailer may be stored but not used for
any purpose on an occupied lot (or on an adjacent unoccupied lot,
if both lots are under common ownership).
(b)
One commercial vehicle owned by the property owner not exceeding
26 feet in length may be parked on an occupied lot in any residence
district, but not within the required yards of such lot and in no
case between the street line and the principal building.
(c)
One commercial vehicle not exceeding 26 feet in length may be
parked within a private garage in any residence district.
(d)
Farm vehicles are permitted as accessory to a farm in any district
where agriculture is permitted.
(2)
Not more than one motor- or sailboat may be stored in the open on
a lot (or on an adjacent lot, if both lots are under common ownership)
in a residence district, provided that such motor- or sailboat is
not stored between the street line and the principal building and
such storage shall conform to side and rear yard requirements governing
accessory uses.
V.
Driveways. No driveway shall provide access to a lot located in another
district, which lot is used for any use prohibited in the district
in which such driveway is located.
W.
Private garages. All private garages shall be of similar or better
quality than the principal dwelling or structure. Except for agricultural
pole barns, steel pole buildings and steel pole garages are prohibited
in any residential or mixed-use district. Temporary portable garage
structures of any type, installed for more than 30 days, are prohibited
in any district.
X.
Additional requirements for off-street loading berths.
(1)
Accessory open or enclosed off-street loading berths shall be provided
for any lot or any use as specified herein. Any land which is developed
as a unit under single ownership and control shall be considered a
single lot for the purpose of such requirements.
(2)
Size, location and access. Each required loading berth shall be at least 12 feet wide, 33 feet long and 14 feet high, unless specified elsewhere for a particular use. Unobstructed access, at least 10 feet wide, to and from a street shall be provided. Such access may be combined with access to a parking lot. The berth may be located either within a building or in the open, but not within required yards. If such berths are not enclosed, they shall be located not less than 300 feet from any residence district boundary and an effective visual and noise buffer shall be provided as in the case of parking areas as set forth in Article V, § 125-57.
Y.
Regulations affecting both parking and loading facilities.
(1)
Access near street corners. No entrance or exit for any accessory
off-street parking area with over 10 parking spaces, nor any loading
berth, shall be located within 50 feet of the intersection of any
two street lines.
(2)
On lots divided by district boundaries. When a lot is located partly
in one district and partly in another district, the regulations for
the district requiring the greater number of parking spaces or loading
berths shall apply to all of the lot. Parking spaces or loading berths
on such a lot may be located without regard to district lines, provided
that no such parking spaces or loading berths shall be located in
any residence district, unless the use to which they are accessory
is permitted in such district.
A.
Intent and purposes. The purposes of these sign regulations are: to strengthen the identity of Rhinebeck; to preserve rural, natural, historic and scenic beauty by preventing visual sign clutter; to maintain and enhance the aesthetic environment; to support the local economy, help nurture small businesses, and recognize the needs of various types of businesses; to encourage the creative design of signs in character with the context of the community; and to minimize the possible adverse effect of signs on nearby public and private property. The sign regulations are designed to promote and protect the public heath, safety, and welfare of the community and to enable their fair and consistent enforcement. The sign regulations are also intended to encourage the use of signs as a means of communication, to protect pedestrian and vehicular safety and prevent potential traffic conflicts, and to protect property values. The sign regulations are designed to implement the Town Comprehensive Plan and are consistent with the March 8, 2000, version of the Greenway Connections: Greenway Compact Program and Guides for Dutchess County Communities, pursuant to Article I, § 125-4, of this chapter, the Mid-Hudson Shorelands Scenic District Management Plan and the Scenic Roads Handbook (see the Town Comprehensive Plan). Also refer to § 125-76, Subsection G, Signs; § 125-89, Subsection I, General signage standards; and § 125-140, Terms used in § 125-37, Sign regulations, of this chapter.
[Amended 7-25-2016 by L.L. No. 5-2016]
B.
Sign compliance. No sign shall be erected, replaced, altered, relocated,
or maintained in any district except in accordance with the provisions
stated herein. Some signs are exempt, prohibited, or permitted. Permitted
signs are subject to these regulations, including a design review
by the Planning Board using the Town of Rhinebeck Design Standards
(see Appendix A herein[1]) as a guide. Notwithstanding anything herein to the contrary,
noncommercial copy may be substituted for commercial copy on any lawful
sign.
[1]
Editor's Note: Appendix A is on file in the Town offices.
C.
Substitution clause. Any sign authorized pursuant to this section
may contain a noncommercial message constituting a form of expression
in lieu of other copy.
D.
Permit required. A sign, as defined in this section, may be placed,
erected, constructed, painted, altered, relocated, enlarged, reconstructed,
displayed, lit or maintained only as expressly permitted in this chapter
and only after review and approval of the Planning Board, where required,
and issuance of a sign permit, where required, by the Zoning Enforcement
Officer or any duly appointed deputy officer. The Planning Board,
within 30 days of its receipt of an application for a sign permit,
shall consider the application and shall approve, approve with modifications,
or deny the application and notify the Zoning Enforcement Officer
or any duly appointed deputy officer of its decision on this matter.
If the sign permit is approved, the Zoning Enforcement Officer or
any duly appointed deputy officer shall issue a sign permit. Upon
issuance of the sign permit, the sign work must be completed within
one year, and the applicant must notify the Zoning Enforcement Officer
when the sign installation is complete. If the sign work is incomplete,
the sign permit shall expire one year from the date of issuance. The
applicant may apply in writing to the ZEO for an extension of the
sign permit, who may then extend the permit once for a period of not
more than six calendar months.
[Amended 7-25-2016 by L.L. No. 5-2016]
E.
Permit procedures. Any person desiring to procure a permit for a
sign shall file with the Zoning Enforcement Officer an application
form, copies of which are available from said office, accompanied
by an application fee, payable to the Town of Rhinebeck, in accordance
with the current fee schedule. The application shall contain:
[Amended 3-12-2012 by L.L. No. 1-2012]
(1)
Name, address, and telephone number of applicant and property owner.
(2)
Location of the building, structure or land upon which the sign now
exists or is to be erected and the location on the property where
the sign is to be erected.
(3)
For permanent signs, a scaled drawing of the sign showing:
(4)
If a new permanent sign is to be erected, or an existing permanent
sign is to be altered in size or elevation, a plan, drawn to scale,
shall be submitted showing the following:
(a)
If a freestanding sign, a full description of the placement
of the proposed sign, specifying its location on the premises, its
orientation, and its position in relation to adjacent buildings, structures,
roads, driveways, property lines, other signs, lighting fixtures,
walls, and fences.
(b)
If an awning, window, wall, or projecting sign, a full description
of the placement of the proposed sign, which shall include: location
on the awning, window, wall or building; the size of the awning; total
window area of the principal facade of the building; projection from
the building, if relevant; and the proposed sign's position in relation
to adjacent signs and lighting fixtures.
(5)
For all signs, if the applicant is not the owner of the property
on which the sign is to be located, either written permission from
the property owner to place the sign on the property or a copy of
a contract or lease showing that the applicant has care, custody and
control of the property on which the sign is to be located. In any
case, all off-premises signs are prohibited.
F.
Exempt signs. The following types of signs are exempt from the permit requirements of this chapter, including fees, provided that they comply with the general sign standards in Subsection I and with all other requirements of this chapter. Unless otherwise limited below, such exempt sign shall not exceed six feet in height and shall not exceed four square feet in sign area per side.
(1)
Memorial signs or tablets denoting names of buildings and dates of
erection when cut into any masonry surface or when constructed of
bronze, stone or other noncombustible materials and fixed to a building;
emblems installed by governmental agencies, religious or nonprofit
organizations, not exceeding two square feet in size.
(2)
Nonilluminated secondary window signs communicating accessory information
such as hours of operation, "in" or "out" signs, and totaling no more
than one square foot in size.
(3)
Temporary nonilluminated window signs when such signs, measured together
with all permitted window coverage, bring the total window coverage
to no more than 10% of the window surface area.
(4)
Nonilluminated real estate signs used for the purpose of selling,
renting or leasing land or buildings for which subdivision approval
is not required, and displayed only on the premises for sale or lease,
provided such sign is located on the front wall of a building or,
if freestanding, does not exceed three feet in height and is located
not nearer than 15 feet to the edge of pavement or side lot line.
All such signs shall not exceed three square feet in sign area per
side, shall be limited to one per premises, and shall be removed immediately
upon sale, rental or lease of the premises.
(5)
Any public notice or warning required by a valid and applicable federal,
state, or zoning law or regulation such as traffic and similar signs
installed in accordance with the Manual of Uniform Traffic Control
Devices (MUTCD) or other state standards, legal notices, and on-premises
signs which are solely devoted to prohibiting trespassing, hunting
or fishing.
(6)
Political, educational, charitable, philanthropic, civic, religious
signs or banners. Such sign shall not exceed three square feet in
sign area per side.
(7)
The sign, poster, flag, pennant or insignia of any government or
governmental agency.
(8)
Signs indicating the sale price per gallon and octane rating of petroleum
products displayed on fuel-dispensing devices as required by New York
State Department of Agriculture and Markets, Division of Bureau of
Weights and Measures, 1 NYCRR Part 224.
(9)
One sign, not exceeding 16 square feet in area, on a farm or farm
market premises.
[Amended 7-25-2016 by L.L. No. 5-2016]
(10)
Any sign inside a building, not attached to a window or door,
that is not legible from a distance of more than three feet beyond
the lot line of the parcel on which such sign is located.
(11)
Construction signs, limited to one unlighted sign not exceeding 12
square feet in surface area and identifying the parties involved in
the design, financing and/or provision of labor and materials associated
with the labor on the premises where the sign is located, but not
including the advertisement of any product. Such sign shall be removed
prior to the issuance of a certificate of occupancy authorizing the
initiation of intended use of the premises.
[Added 3-12-2012 by L.L. No. 1-2012]
G.
Prohibited signs. All signs not specifically permitted or exempt
are prohibited. Prohibited signs include, but are not limited to:
(1)
Off-premises signs, including billboards or the posting of any signs
on telephone poles, light poles or similar utility structures, traffic
sign posts or any other location in the right-of-way of any street.
(2)
Pylon or roof signs.
(3)
Portable signs as defined herein, except for temporary signs that
have been issued a permit. Signs on vehicles which identify a business,
contain an advertisement, or which display prices, telephone numbers
and similar information located on vehicles used in the normal course
of a business shall be screened and buffered to surrounding properties
and public viewing locations when the vehicles are parked on the property.
Such vehicles shall be parked to the rear of the business where such
location is available.
(4)
Internally illuminated signs.
(5)
Signs with flashing, blinking, or moving lights, or any artificial
light which is not maintained stationary and constant in intensity
and color at all times when in use.
(6)
Mounted or portable search lighting used to project moving or stationary
overhead light beams.
(7)
Signs that contain or consist of strings of light bulbs.
(8)
Banners, pennants, ribbons, tethered balloons, streamers, spinners, groupings of flags, "life-like" plastic or inflatable toys or decorations, or similar moving or fluttering devices, except those exempt under Subsection F.
(9)
Rotating signs, including all signs and devices that are not permanent
in their orientation.
(10)
Signs and obstructions which may be confused with or obstruct
the view of any authorized traffic sign or signal, obstruct the sight
distance triangle at any street intersection or driveway opening onto
a street, or extend into the public right-of-way.
H.
Temporary signs.
(1)
All signs of a temporary nature, such as banners, portable signs, promotional signs and other signs of similar nature, may be granted a temporary sign permit for a period not exceeding 30 days, except those specified under Subsection F, Exempt signs. Planning Board approval is not required, and the Zoning Enforcement Officer or any duly appointed deputy officer shall issue or deny a sign permit within a reasonable period of time. Both the permit and the sign shall note the date of the first day the sign may be displayed and the date it must be removed. Upon issuance of a sign permit, a security deposit, payable to the Town of Rhinebeck, in accordance with the current fee schedule, shall be deposited with the Zoning Enforcement Officer or any duly appointed deputy officer to insure removal of the sign(s) upon expiration of the permit period. If any temporary sign is not removed by the expiration of the time limit noted on the application, the Zoning Enforcement Officer or any duly appointed deputy officer, after seven days' written notice to the permit holder to remove such sign(s) (computed from the date of mailing), and after failure of the permit holder to do so, will cause said sign(s) to be removed, and the cash deposit will be applied to help defray the reasonable and necessary cost of removal. Except as provided in this section, all temporary signs must meet the requirements of this section and chapter.
(2)
Businesses that use temporary signs are not to exceed a maximum of
four events with a combined total of 40 days per year. The sign shall
be placed no closer to the road than existing signs and shall not
exceed height limitations or be illuminated. The maximum size allowable
is 12 square feet. Trailer or wheel-mounted signs are prohibited.
I.
General sign standards. Any sign or use of signs, whether permitted,
temporary or directional, shall conform to the following general standards:
(1)
Shall at all times be maintained in a proper state of repair in full
compliance with building code, electrical code, and reasonable property
maintenance standards.
(2)
Shall not attempt or appear to regulate, warn or direct highway traffic
or to imitate or resemble public notices or warnings such as official
traffic signs, signals or devices.
(3)
Shall not project over property lines or be located within a public
right-of-way.
(4)
Shall not contain luminous material or sequin-studded lettering with
fluorescent paint. An exception is allowed for one internally illuminated
window sign per business if its size does not exceed two square feet.
J.
Permanent signs within residential districts. Within residential
districts, the following signs are permitted:
(1)
For each dwelling unit, one nonilluminated nameplate, professional
sign, or sign indicating a permitted home occupation, with an area
of not more than two square feet per face.
(2)
For permitted and special permit nonresidential uses, one sign with
a maximum sign area of eight square feet.
(3)
For mobile home parks, or condominium, townhouse, co-op, or apartment
developments, one nonilluminated monument sign, identifying the mobile
home park or development, containing an area of not more than 12 square
feet, located not more than six feet above ground level at its highest
point, and set back at least 15 feet from the edge of pavement, as
deemed necessary by the Planning Board and/or the Zoning Enforcement
Officer or any duly appointed deputy officer. The same restrictions
shall apply if such signs are located in a nonresidential district.
(4)
Signs for lawful nonconforming uses in residential districts, a single
identity sign not exceeding eight square feet in surface area.
K.
Permanent signs within other districts.
(1)
Rc-B District. For nonresidential uses in the Rhinecliff Business
(Rc-B) District, not more than one primary sign shall be permitted
per establishment. Such sign shall be located on the establishment's
principal facade and shall not exceed eight square feet in surface
area. One permanent accessory wall sign, not to exceed three square
feet in surface area, shall be permitted per establishment.
(2)
BP, Cr-B, CB-N, CB-S, Gw-N, Gw-E, Gw-S, GB, and ORP Districts.
(a)
Not more than two primary signs shall be permitted per establishment
on the lot. Such signs shall consist of one freestanding identity
sign not to exceed 12 square feet in surface area and/or one identity
wall sign located on the establishment's principal façade not
to exceed one square foot per six linear feet of building frontage.
The maximum total signage per establishment shall be determined by
the above formula and shall not exceed 30 square feet for the lot.
(b)
When two or more wholly independent businesses or activities
are located on a single lot in a nonresidential district, one directory
sign not to exceed 16 square feet may also be allowed, except that
if the number of independent businesses or activities exceeds four,
the maximum square footage of the complex sign may be increased to
24 square feet. Within the business complex, a single identity wall
sign not exceeding six square feet may be provided on the principal
facade of the establishment, with such signs, however, being considered
a portion of the maximum total signage of 30 square feet per lot,
as cited above and exclusive of the complex sign.
(c)
One sign at each point of access to the lot and for internal
direction shall be permitted, provided that the individual signs are
no more than two square feet on each of two sides and are for the
purpose of directing internal traffic movements. Permits will be granted
only if the applicant can clearly demonstrate necessity to the Planning
Board based on motorist safety and that any such directional sign
will be set back at least five feet from the edge of pavement.
(3)
Freestanding signs. Freestanding signs shall not exceed six feet
in height, nor be located closer than 20 feet to any property line.
L.
Retail, office, business or light manufacturing centers.
(1)
Where two or more wholly independent businesses or activities are
located on a single lot, one directory sign may be permitted, subject
to the following sign criteria:
(a)
Not more than one primary sign shall be permitted per establishment.
Such sign shall be a wall sign located on the establishment's principal
facade and shall not exceed six square feet in surface area. Freestanding
signs may not be displayed by individual establishments.
(b)
A master sign plan is required of independent businesses or activities that are located on a single lot. The plan is a sign system to create visual unity among the signs within the plan area and to ensure compatibility with surrounding establishments and structures. The plan shall include specifications to which all signs within the plan area shall conform, including: sign size, height, shape, materials, lighting, and location on the establishment as well as the specifications for the freestanding sign permitted under Subsection L(1)(c). Within these standards, variety of graphic design is encouraged, subject to the design criteria of Subsection M herein.
(c)
One common freestanding sign identifying the center shall be
permitted as follows: Post-and-arm signs shall not exceed 18 square
feet in area per face, with a height maximum of 11 feet (including
the post) and shall provide a minimum clearance of eight feet from
any sidewalk or other pedestrian way. The sign shall be set back a
minimum of 15 feet from the edge of pavement.
(2)
If the center contains a movie theater, the movie theater shall be
permitted one marquee sign per building with a vertical clearance
of nine feet from the sidewalk or private drive or parking area, set
back 15 feet from a public street.
(3)
One sign at each point of access to the lot, for internal direction,
shall be permitted, provided that the individual signs are no more
than two square feet on each of two sides and are limited to generic
text such as "entrance," "exit," "office," and "parking." Permits
will be granted only if the applicant can clearly demonstrate necessity
to the Planning Board based on motorist safety and that any such directional
sign will be set back at least five feet from any edge of pavement
or property line. Internal safety signs and mandatory government regulation
signs may be permitted. These signs shall be no more than four square
feet in surface area and are in addition to the above regulations.
These signs shall be approved by the Planning Board at the time of
site plan approval. In the event such signs are proposed on lands
under ownership other than the applicant, written proof shall be furnished
to the Planning Board demonstrating that the applicant has the consent
of the owner.
(4)
The owner of the center remains responsible for sign maintenance
and compliance.
(5)
Signs for lawful residential uses shall comply with the requirements of Subsection J, Permanent signs within residential districts.
(6)
Directional signs. Businesses and public destinations relating to, but isolated from, primary routes of travel (Routes 9, 9G and 308) shall be permitted a maximum of two directional signs as a special permit use subject to the provisions of Article VI of this chapter, the issuance of a sign permit and the following additional requirements:
(a)
In locations with more than one directional sign, all such signs
shall be affixed to a common standard and be graphically coordinated
and arranged so as to present a neat and orderly appearance. Any such
sign standard shall be designed to accommodate the later addition
of further directional signs.
(b)
No directional sign shall be more than three square feet in
area. In areas with more than one directional sign, the aggregate
area of all such signs shall not exceed 12 square feet.
(c)
In the event such signs are proposed on lands under ownership
other than the applicant, written proof shall be furnished to the
Planning Board demonstrating that the applicant has the consent of
the owner.
M.
Design criteria. In reviewing sign applications, the Planning Board
shall determine that the sign will meet the following criteria:
(1)
General criteria.
(a)
Every sign shall be wholly consistent with the requirements set forth in this § 125-37, and shall be well proportioned in its design and in its visual relationship to buildings and surroundings.
(b)
Every sign shall be designed as an integral and compatible architectural
element of the building and site to which it principally relates and
should not cover any architectural features on the building.
(c)
The colors, materials, and lighting of every sign shall be restrained
and shall be harmonious with the building and site to which it principally
relates.
(d)
The number of graphic elements on a sign shall be held to the
minimum needed to convey the sign's major message and shall be composed
in proportion to the area of the sign face.
(e)
These sign regulations encourage creative design that adds character
to streets and districts, but signs should always be a subordinate
part of the streetscape.
(f)
Signs in a particular area or district should create a unifying
element and exhibit visual continuity.
(g)
Whenever feasible, multiple signs should be combined into one
to avoid clutter.
(h)
Signs should be as close to the ground as practical, consistent
with legibility considerations and traffic safety.
(i)
To the extent desirable, adjacent signs on the same or adjoining
buildings should be placed within the same horizontal band and be
of reasonably harmonious materials and colors.
(j)
Historic areas, landmarks, and public scenic views and vistas
should be protected by sensitive sign designs.
(k)
Within pedestrian-oriented shopping districts, signs should
be located and sized to be viewed by people on foot.
(l)
Retail businesses are encouraged to use signs in a creative
manner to identify the goods and services they offer.
(m)
Signs mounted on buildings should be designed to complement
the architecture rather than obscure it.
(2)
General rules by sign type.
(a)
Awning signs. Awning graphics may be painted or affixed flat
to the surface of the valance and shall include lettering no larger
than eight inches high.
(b)
Freestanding signs. No more than one freestanding sign may be
located on a lot.
(c)
Monument sign. Monument signs shall not be placed so as to impair
visibility for motorists.
(d)
Projecting signs. Projecting signs may not extend above the
height of the roofline and shall have no more than two faces. They
shall be securely anchored and shall not swing or move in any manner.
(e)
Wall signs. The visible edge or border of a wall sign may extend
up to nine inches from the face of the wall to which it is attached,
and may not extend any distance beyond or above the building in any
direction. The placement of all wall signs must be above the display
window and below the cornice in a single-story building or between
the shop window and the second-story windowsill in a multistory building.
(f)
Backlit signs. The background surface of a backlit sign, that
the light shines on, shall have a light reflective value of no greater
than 60%. The light source can be white or a color, but colored lighting
creates a more subdued effect and is encouraged.
(3)
Specific criteria.
(a)
All signs, with the exception of window signs, shall be constructed
of wood, metal or masonry material as approved by the Planning Board.
(b)
The lettering on any freestanding sign may not exceed 60% of
the sign area of any one side of the sign, with the exception of signs
with no background. The area for lettering shall be computed in accordance
with the illustration provided.
 |
(c)
The Planning Board may require that landscaping be used at the base of a freestanding sign if such landscaping will make the sign more compatible with the surrounding area. In accordance with the requirements of Article V, § 125-57, of this chapter, landscaping may include one or more of the following types of vegetation: ivies, grasses, flowers, bushes, small trees or other plant materials.
N.
Sign design manual. The Town Board may, in consultation with the
Planning Board, promulgate sign design standards or manuals, as a
guideline to applicants and as an aid to the administration of this
section.
O.
Removal of signs.
(1)
Abandoned signs. Any sign existing on or after the effective date
of this chapter, which no longer identifies an existing business conducted
or product sold on the premises, shall be removed by the owner of
the premises upon which the sign is located. The Zoning Enforcement
Officer or any duly appointed Deputy Zoning Enforcement Officer, upon
determining that any such sign exists, shall give written notice to
the last owner of record of the real property where the sign is located
and the permit holder, if any, at the permit holder's last known address
of record, who shall, unless good cause is shown, remove the sign
within 30 days from the date of the written notice. If no action is
taken by the owner or permit holder within said time period, the Zoning
Enforcement Officer or any duly appointed Deputy Zoning Enforcement
Officer may cause the sign to be removed. At the sole discretion of
the Town, the reasonable and necessary costs incurred for removal
shall be charged against the real property from which the sign was
removed, by adding that charge to, and making it a part of, the next
annual real property tax assessment roll of the Town. Such charges
shall be levied and collected at the same time and in the same manner
as Town-assessed taxes and shall be paid to the Town Comptroller,
to be applied in reimbursing the fund from which the costs of sign
removal were paid. Prior to charging such assessments, the owners
of the real property shall be provided written notice to their last
known addresses of record, by certified mail, return receipt requested,
of an opportunity to be heard and object before the Town Board to
the proposed real property assessment, at a date to be designated
in the notice, which shall be no less than 30 days after its mailing.
(2)
Unsafe signs. The Zoning Enforcement Officer or any duly appointed
Deputy Zoning Enforcement Officer may cause any sign that is unsafe
or insecure or is a source of immediate peril to persons or property
to be removed immediately and without notice.
(3)
The Zoning Enforcement Officer or any duly appointed Deputy Zoning
Enforcement Officer can remove any noncomplying portable roadside
sign.
P.
Nonconforming signs other than billboards.
(1)
A sign that would be permitted under this section only with a sign permit, but which was in existence on the effective date of this chapter and which was constructed in accordance with the regulations in effect on the date of its construction, but which by reason of its size, height, location, design, or construction is not in conformance with the requirements of the Zoning Law, shall be issued a nonconforming sign permit if an application in accordance with Subsection D of this section is timely filed. Such permit shall allow the sign(s) subject to such permit, which were made nonconforming by the adoption of the Zoning Law, to remain in place and be maintained for a period ending no later than five years following the effective date of this chapter, provided that no action is taken which increases the degree or extent of the nonconformity. Such signs are also subject to the provisions of this § 125-37. A change in the information on the face of the existing nonconforming sign is allowed. However, any nonconforming sign shall either be eliminated or made to conform with the requirements of this section when any change, repair, or maintenance would constitute an expense of more than 25% of the lesser of the original value or replacement value of the sign.
(2)
Lapse of nonconforming sign permit. A nonconforming sign permit shall
lapse and become void under the same circumstances as those under
which any other sign permit may lapse and become void.
Q.
Nonconforming billboards. Any billboard which is leased or rented
for profit and is located in an area zoned other than for manufacturing
use shall be deemed a nonconforming billboard. Such nonconforming
billboards shall be allowed to remain in accordance with the schedule
set forth below, and then shall be removed by the property owner or
the permit holder. Pursuant to New York General Municipal Law § 74-c,
the Zoning Enforcement Officer or any duly appointed deputy officer
shall send written notice to the owners of the property upon which
the nonconforming billboard is located at their last known addresses
of record by certified mail, return receipt requested, and to the
permit holder, if any, at the permit holder's last known address of
record by certified mail, return receipt requested, notifying them
that the nonconforming billboard shall be removed in accordance with
the following schedule. The years allowed for the nonconforming billboard
to remain in its present location shall run from the date of notice
from the Zoning Enforcement Officer or any duly appointed deputy officer.
|
Fair Market Value on Date of Notice of Removal Requirement
|
Minimum Years Allowed
| |
|---|---|---|
|
Under $1,999
|
3
| |
|
$2,000 to $3,999
|
4
| |
|
$4,000 to $5,999
|
6
| |
|
$6,000 to $7,999
|
7
| |
|
$8,000 to $9,999
|
9
| |
|
$10,000 and over
|
10
|
R.
Number and date. Every sign that requires a permit as regulated by
this section shall have printed in a conspicuous place thereon, in
permanent letters and numbers, the date of erection and the sign permit
number. Temporary signs shall additionally have noted thereon the
date of the first day the sign may be displayed and the date it must
be removed.
S.
Maintenance. All signs and components thereof shall be kept in good
repair and in safe, neat, clean and attractive condition.
T.
Severability. If any clause, sentence, paragraph, section or part
of this section shall be adjudged by any court of competent jurisdiction
to be invalid, such judgment shall not affect, impair or invalidate
the remaining portions hereof, but shall be confined to the clause,
sentence, paragraph, section or part thereof directly involved in
the controversy in which such judgment shall have been rendered.
U.
Definitions. There are terms used in this section of the Zoning Law that are applicable principally if not exclusively within this section alone. The terms used in this section or in documents prepared or reviewed under this section of the Zoning Law shall have the meaning as set forth in Article XIII, § 125-140.
A.
Fences, gates and walls shall as a permitted use not exceed six feet in height when erected in a required side or rear yard nor exceed four feet in height when erected within 50 feet of the front lot line or highway right-of-way. Except where accessory to agriculture and forestry uses, any fencing which exceeds six feet in height or which consists of a solid fence or wall that does not allow for the passage of views shall be subject to the issuance of a special use permit by the Planning Board in accordance with Article VI of this chapter.
[Amended 7-25-2016 by L.L. No. 5-2016[1]]
B.
All fences, gates and walls within 50 feet of the front lot line or highway right-of-way on a state-designated scenic road or a Town road designated as a critical environmental area (CEA) shall be subject to issuance of a special use permit in accordance with Article VI of this chapter. A list of state-designated scenic roads and Town roads designated as CEAs is available from the Town Clerk at Town Hall.
D.
All fences, gates, and walls, including new stone walls, shall be
located on private property and set back at a suitable distance from
the edge of pavement to allow sufficient room for wintertime snow
removal.
[Amended 3-12-2018 by L.L. No. 2-2018]
E.
In any zoning district, all such fences, gates and walls shall have
the face of the fence or wall directed toward the abutting property
and, unless agreed to in writing by the abutting property owner, be
located so as to permit maintenance of both sides of the fence without
trespass on the abutting property.
F.
A berm shall be deemed to be a fence, gate or wall within the meaning
of this section if the berm is constructed and landscaped to provide
a property boundary delineation, protection or privacy to a property
owner, and has not received Planning Board approval in accordance
with either subdivision plat and/or site plan review and approval
procedures.
[Amended 7-25-2016 by L.L. No. 5-2016]
G.
Permit required. Except in the case of those farm operations to which § 125-49G of this chapter is applicable, prior to the installation of any fence, gate or wall, a fence permit is required. An application for such fence permit shall be filed with the Zoning Enforcement Officer on an application for, accompanied by both a fee payable to the Town of Rhinebeck in accordance with the current fee schedule and adequate supporting information regarding fence location, height, design and materials to demonstrate compliance with the requirements and standards set forth in this section. Except when an integral part of an overall site plan for development of a site, no fence, gate or wall that fully meets the requirements of this section shall require either special use permit or site plan approval in any zoning or overlay district. The Zoning Enforcement Officer may, however, refer any application for fence permit to the Planning Board for review and recommendation prior to issuing the permit.
[Added 3-12-2012 by L.L. No. 1-2012; amended 3-12-2018 by L.L. No. 2-2018]
H.
The installation
of fences consisting of flexible plastic, vinyl mesh or any other
nonrigid material and constructed in a manner without posts and supports
of the type associated with permanent construction is prohibited in
all districts. The above prohibition shall not apply to either of
the following:
[Added 7-25-2016 by L.L.
No. 5-2016]
(1)
Siltation
fence or similar protective barrier employed during the course of
land development or construction work for which required permits and
approvals have been granted by the Town, county or state; or
(2)
Natural
burlap or black plastic or vinyl fence mesh fence employed on a seasonal
basis to protect natural landscaping from snow, deer and other damage,
with, however, the use of more visible color mesh or other material
prohibited for this purpose.
[Amended 3-12-2012 by L.L. No. 1-2012]
A.
Excavation is any act by which sand, gravel, shale, topsoil or any other similar earth materials are mechanically cut into, dug, quarried, uncovered, removed, displaced or spread. Nothing contained herein shall prohibit the excavation of sand, gravel, shale, topsoil or any other similar earth materials from a lot preparatory to construction of a building for which a building permit has been issued, or to move such material from one part of a lot to another part of the same lot, when such excavation or removal is clearly incidental to the approved building construction and/or both integral to implementation of an approved site development plan or subdivision plat and necessary for improving the property for a use permitted in the zoning district in which the property is located. No such material shall, however, be transported off site nor sold for export from the site, except in compliance with the District Schedule of Use regulations found in Articles III and VI of this chapter.[1] Provision shall be made to restore an effective cover crop in any area of land from which sand, gravel, shale, topsoil, or any similar earth materials have been removed or covered within the first growing season following the start of such operation. All excavation and regrading activities shall be in compliance with the requirements of Article V, §125- 60, of this chapter governing stormwater management and be the subject of an approved sediment and erosion control plan.
[Amended 7-25-2016 by L.L. No. 5-2016]
[1]
Editor's Note: The Schedules of Area and Bulk Regulations are included as attachments to this chapter.
B.
A special
use permit shall not be required for major excavation when the excavation
involves either the installation of an on-site sanitary sewage system
serving a single-family or two-family dwelling and for which a permit
to construct has been issued by the Dutchess County Health Department
or is part of the work governed by another application to the Planning
Board for the following:
[Amended 3-12-2012 by L.L. No. 1-2012]
A.
In order to preserve the open character along major streams and other surface water bodies for environmental and ecological reasons while fostering conformance with the objectives stated at § 125-55, Preservation of natural and cultural features; design standards, of this chapter, all development activity proposed within the following areas shall be subject to issuance of special use permit in accordance with Article VI of this chapter.
(1)
Within 100 feet of the mean high water mark (normal streambank) of
any DEC-classified stream within the Town of Rhinebeck;
(2)
Within the Land Conservation Stream Corridor (LC-S) District;
(3)
Within 1,000 feet of the mean high water mark of the Hudson River;
(4)
Within 100 feet of the boundary of a freshwater wetland as mapped
by the New York State Department of Environmental Conservation (DEC).
A copy of the freshwater wetlands permit application filed with the
DEC shall be provided to the Town Zoning Enforcement Officer;
(5)
Within 100 feet of a federal jurisdictional wetland;
(6)
Within 100 feet of a wetland regulated under the Town of Rhinebeck Freshwater Wetlands Law (See Chapter 120 of the Town Code for additional requirements for a Town wetlands permit.);
(7)
Within 100 feet of the mean high water mark of any pond, reservoir
or other water body in excess of 1/4 acre of water surface area, provided
that the pond, reservoir, or other water body has not been created
as a site element which was earlier subject to site plan or subdivision
plat review and approval by the Town Planning Board.
B.
In cases where the development activity is proposed to occur entirely within wetlands or adjacent area regulated under Town Code Chapter 120, Wetlands Law, and is subject to compliance with the more comprehensive application submission and permit review and approval requirements set forth therein, a separate application for a special use permit under this section shall not be required.
C.
For purposes
of this section, development activity shall not be construed as including
either the normal maintenance of structures of all types in their
continuing use or either maintenance which should be performed on
a periodic basis, including landscaping of properties, or the substantially
identical replacement by design, location, dimension and material
of residential site lighting, fencing, walkways, driveways and other
site appurtenances on single-family and two-family premises.
D.
Also refer to § 125-32, Freshwater wetlands and floodplains; § 125-39, Excavation as part of site preparation; § 125-41, Development within Flood Fringe Overlay (FF-O) District; and § 125-54, Development within Water Resources Protection Overlay (WR-O) District, of this chapter and Town Code Chapter 120, Wetlands.
[Added 7-25-2016 by L.L.
No. 5-2016]
All development within the Flood Fringe Overlay District, as mapped by the Federal Emergency Management Agency (FEMA) and as shown on the Town of Rhinebeck Water Resources Protection Overlay District (WR-O) Map, shall be subject to the special use permit procedures and requirements provided in Article VI of this chapter, including those special design requirements stated in Article VI, § 125-68AAA. Uses specifically exempted from issuance of a special use permit include agriculture, forestry, conservation, horticulture, noncommercial outdoor recreation, and roadside stands as identified on the District Schedule of Use Regulations in Article III.[1]
[1]
Editor's Note: The Schedule Use Regulations is included as an attachment to this chapter.
In any district, home occupations, as defined in Article XIII of this chapter, shall conform to the following use limitations:
A.
A home occupation may only be conducted within a dwelling which is a residence of the principal practitioner of the occupation or in an accessory building thereto which is normally associated with the residential use. For purposes of this chapter, a home occupation occurring fully within the dwelling shall be considered a permitted Class 1 home occupation; those home occupations occurring wholly or partially in an accessory building shall be considered Class 2 home occupations which may only be authorized by special use permit, in accordance with Article VI of this chapter. There are also certain home occupations that are considered Class 2 requiring the issuance of a special use permit, even when conducted wholly within the dwelling, due to their potential for objectionable characteristics. Such characteristics are identified through thresholds in Subsections I and N herein.
[Amended 7-25-2016 by L.L. No. 5-2016]
B.
Not more than two such home occupations may occur on a single residential premises, with Subsection C, E, G and I below applying to either a single home occupation or the aggregate of the two home occupations occurring on the premises. Additional home occupations may occur within an accessory dwelling unit, provided a special use permit is granted in accordance with Article VI of this chapter.
C.
Except as provided below in Subsection C(1), the home occupation activity, whether located within the dwelling or in a customary accessory structure, shall, in accordance with the requirements of the New York State Uniform Fire Prevention and Building Code, occupy no more than 500 square feet of gross floor area or 25% of the gross floor area of the dwelling on the premises, whichever shall be the more restrictive. This maximum floor area percentage shall not apply to home occupations operated entirely within an accessory structure, which are Class 2 home occupations subject to issuance of a special use permit. Class 2 home occupations shall not occupy more than 25% of the total floor area of the dwelling and accessory structure used in the home occupation.
(1)
Adaptive reuse increase. Adaptive reuse of an existing historic structure, farm structure or other important structures that add to the rural and historic character of the community may be increased for a home occupation that will preserve and enhance the architectural or historic integrity of the building and the district in which it is located. Such adaptive reuse shall be entitled to occupy no more than 1,500 square feet of gross floor area of the dwelling on the premises. In the case of a Class 2 home occupation operated entirely within an existing historic structure, farm structure or other important structure that adds to the rural and historic character of the community and used as an accessory structure, such home occupation shall not occupy more than 50% of the total floor area of the dwelling and accessory structure used in the home occupation. The Planning Board shall make a determination based on reference to the architectural, scenic and historic character of the district as set forth in the Comprehensive Plan and Article II, § 125-15, of this chapter as well as on an objective evaluation of the project and the current architectural, scenic and historic resources in the district. The determination to permit occupancy of no more than 1,500 square feet or 50% of the total floor area of the dwelling and accessory structure, in the adaptive reuse of an existing historic structure, is not considered a use variance or area variance and is not subject to appeal to the Zoning Board of Appeals.
D.
Except for articles produced on the premises and other articles customarily
associated with the product made or the service provided on the premises,
no stock-in-trade shall be displayed or sold on the premises nor shall
any item be available for rental.
E.
No alteration to the exterior of the principal residential building
or customary accessory building used for the home occupation activity
shall be made which changes the character thereof as a residential
premises except that a single sign, not exceeding two square feet
in area, shall be permitted. Any new construction undertaken to accommodate
the home occupation activity shall also be wholly consistent with
the character of a residential premises.
F.
No outdoor display of goods or outdoor storage of equipment or materials
used in the home occupation shall be permitted in the front yard of
the premises.
G.
Not more than one person other than members of the household occupying
such dwelling shall be employed on the residential premises in the
conduct of the home occupation. In the case of an adaptive reuse of
an historic structure not more than four persons, other than members
of the household occupying such dwelling, shall be employed on the
residential premises in the conduct of the home occupation.
H.
There shall be permitted no sharing, letting or subletting of space
for use by others in the conduct of their profession, trade or business.
I.
Sufficient off-street parking shall be provided as required within Article V, § 125-36, of this chapter. Any use requiring, in accordance with said Article V, § 125-36, more than three off-street parking spaces shall be deemed a Class 2 home occupation requiring issuance of a special use permit under Article VI of this chapter.
J.
A separate zoning permit shall be required for the home occupation
activity, with the home occupation use not deemed to be authorized
by the issuance of a certificate of occupancy for the residential
use occurring on the premises.
K.
If a use is prohibited in all districts, under the District Schedule of Use Regulations found in Article III,[1] it shall additionally be prohibited as a home occupation.
[Amended 7-25-2016 by L.L. No. 5-2016]
[1]
Editor's Note: The District Schedule of Use Regulations is included as an attachment to this chapter.
L.
Because of parking requirements and the potential for noise, odors,
traffic congestion, and other issues of land use compatibility, the
following uses are specifically prohibited from consideration as permitted
(Class 1) or special permit (Class 2) home occupations under this
chapter:
(1)
Ambulance, taxi, limousine or similar service with more than one
such vehicle used in the service.
(2)
Automobile-related businesses, including repair, painting, parts,
sales, upholstery, detailing, or washing services.
(3)
Beauty salons and barber shops with more than one chair.
(4)
Houses of worship and other places of public assembly.
(5)
Restaurants.
(6)
Construction companies, building contractors, home builders, or general
contractors with any employees or more than one vehicle and trailer
used in the business.
(7)
Dancing, art, martial arts, and similar group instruction activity
when serving more than six students per day.
(8)
Landscape contractors with any employees or more than one vehicle
and trailer used in the landscape business.
(9)
Motor boat sales and/or service.
(10)
Personal service establishments, licensed by the New York State
Education Department, serving more than one customer at a time.
(11)
Convalescent homes or clinics.
(13)
Welding or machine shops.
(14)
Sale or use of hazardous materials, in excess of consumer quantities
packaged for consumption by individual households, for personal care
or household use.
(15)
Any other use of residential property deemed detrimental or
inconsistent with the residential character of the neighborhood.
M.
The person operating the home occupation shall sign the permit application
and shall attach a detailed description of the proposed use. The special
use permit granted for a Class 2 home occupation shall expire when
the occupation changes or the property is sold.
N.
Home occupations shall be compatible with the residential use of the property and the neighborhood. Class 1 home occupations that meet the following thresholds shall be classified as Class 2 home occupations, requiring issuance of a special use permit in accordance with Article VI of this chapter:
O.
In no case shall a home occupation be open to the public at times
earlier than 8:00 a.m. nor later than 8:00 p.m.
A.
Intent. The Town of Rhinebeck finds that conservation subdivisions
are a principal means of maintaining rural character and environmental
quality through preservation of large tracts of open space land. Conservation
subdivision is a more flexible approach to land development than conventional
subdivision. It is intended as an alternative to conventional subdivision's
rigid and sprawling pattern of suburban development that occurs when
lots and dwelling units are laid out in a uniform pattern over the
landscape, generally with little regard for valued natural, cultural
and scenic resources.
B.
Purposes. In conformance with the Town's Comprehensive Plan, the
purposes of conservation subdivision are as follows:
(1)
To conserve important open lands, including those areas containing
unique and sensitive natural features such as steep slopes, floodplains,
stream corridors, and wetlands, by permanently setting them aside
from development;
(2)
To protect areas of the Town with productive agricultural soils for
continued or future agricultural use, by conserving blocks of land
large enough to allow for efficient farm operations;
(3)
To provide multiple options for landowners to minimize impacts on
environmental resources and natural or cultural features such as mature
woodlands, hedgerows and tree lines, significant wildlife habitats,
historic buildings and sites, and fieldstone walls;
(4)
To provide greater economy, efficiency and convenience in the siting
of new development and infrastructure, including the opportunity to
reduce regrading of the land, road lengths, utility runs, and the
amount of paving required;
(5)
To implement policies to conserve a variety of irreplaceable and
environmentally sensitive resource lands as set forth in the Town's
Comprehensive Plan, including provisions to create a greenway trail
system and other areas for active or passive recreational use for
the benefit of present and future residents;
(6)
To create neighborhoods with direct visual access to open land, with
amenities in the form of neighborhood open space, with a strong neighborhood
identity;
(7)
To provide for a balanced range of lot areas, widths and frontages,
building densities, and housing choices to accommodate a variety of
age and income groups and residential preferences, so that Rhinebeck's
population diversity may be maintained;
[Amended 7-25-2016 by L.L. No. 5-2016]
(8)
To provide a reasonable setback for new development adjacent to lands
in active farming or forestry use due to potential incompatibility
with such uses;
(9)
To conserve scenic views and elements of the Town's rural character,
and to minimize perceived density, by limiting views of new development
from existing roads;
(10)
To promote development in harmony with the goals and objectives
of the Town's Comprehensive Plan;
(11)
To protect gateways to the Town from the village and from other
towns, as well as from the village into the Town; and
(12)
To mitigate potential environmental impacts of new development
under the State Environmental Quality Review Act (SEQRAA).
[Amended 7-25-2016 by L.L. No. 5-2016]
C.
Conservation subdivision as permitted use. The Town of Rhinebeck
has classified conservation subdivision as a permitted use in all
applicable zoning districts. Conservation subdivision creates protected
open space without increasing density for the tract as a whole. In
a conservation subdivision, the only limiting factor for lot area,
width and frontage is the availability of water and sewer infrastructure.
Lots can vary in size, from large farm or conservancy lots to small
hamlet-sized lots, and density can be averaged across the parcel as
a whole. Conservation subdivision is appropriate throughout the Town,
except for the mixed-use and other priority growth districts, which
have been designated for development similar to the Village of Rhinebeck
and Hamlet of Rhinecliff.
[Amended 7-25-2016 by L.L. No. 5-2016]
D.
Authorization.
(1)
Conservation subdivisions are authorized under § 278 of the New York State Town Law and this chapter. Density is determined based upon the density requirements of Article IV, § 125-23, and Subsection F herein. Authorization is hereby granted to the Planning Board to modify lot area, width and frontage, depth, yard, access and other requirements of this chapter, the Subdivision Regulations[1] and Highway Specifications (in consultation with the Superintendent of Highways), subject to the purposes, standards and procedures contained herein, so as to create conservation subdivisions. A conservation subdivision may be approved and is considered a permitted use in all applicable zoning districts. A conventional subdivision requires the issuance of a special use permit, in accordance with Article VI, § 125-68BB, of this chapter in the HP20, RA10, RC5, and RL5 Districts, and in the business zoning districts, as indicated on the District Schedule of Use Regulations.[2]
[Amended 7-25-2016 by L.L. No. 5-2016]
[2]
Editor's Note: The District Schedule of Use Regulations is included as an attachment to this chapter.
(2)
A preapplication conference for application information must be scheduled
with the Planning Board. At this time, applicants are also encouraged
to meet simultaneously with a land trust to discuss design concepts
and the donation of conservation easements. The applicant shall make
a deposit, in accordance with the Town's fee schedule, sufficient
to cover the preapplication expenses required for review by the Town's
professional engineer, professional planner and attorney.
(3)
The Planning Board may deny a special use permit for a conventional
subdivision and require a conservation subdivision where it finds
any one of the following elements present, as determined through review
of an existing resources map and site analysis plan as described herein,
justifying conservation of natural, cultural or historic resources,
open space, scenic features, or preservation of neighborhood character:
(a)
Slopes: slopes of 15% or greater on 25% or more of the property;
or
(b)
Water resources: wetlands, wetland buffers, municipal water
supply watershed areas, New York State protected streams and aquifer
and aquifer recharge areas, stream corridors and flood-prone areas
as shown on the Town of Rhinebeck Water Resource Protection Overlay
District map; or
(c)
Agricultural lands: farmland within a New York State certified
agricultural district, lands within 500 feet of a New York State certified
agricultural district, or soils classified in Groups 1 to 3 (prime
farmland soils) of the New York State Soil Classification System;
or
(d)
Forest management: sites where active growing, harvesting or
processing of timber is conducted in a manner generally consistent
with § 480-a of the New York State Real Property Tax Law;
or
(e)
Community water and/or sewer: sites where community sewer, community
water, or community water and sewer are available or planned; or
(f)
Critical environmental areas: lands within or contiguous to
a critical environmental area designated pursuant to Article 8 of
the Environmental Conservation Law; or
(g)
Important open space areas: lands contiguous to publicly owned
or designated open space areas, privately owned designated natural
areas, areas identified in the Town of Rhinebeck Open Space and Affordable
Housing Plan, areas of biodiversity identified in the Town of Rhinebeck
Significant Habitats report or other areas of important open space
identified by a conservation organization, a local land trust or government
agency; or
(h)
Historic and prehistoric structures and sites: historic and
prehistoric structures or areas of national, state or local importance
such as lands within the Hudson River National Historic Landmark District,
the Mid-Hudson Historic Shorelands Scenic District, the Estates District
Scenic Area of Statewide Significance, and a structure or site listed
on the National Register of Historic Places, a multiple resource district,
local waterfront revitalization area, and local landmarks; or
(i)
Scenic viewsheds and special features: sites bordering designated
state, county or Town scenic roads, "special features" identified
in the Town's Comprehensive Plan, lands within the Waterfront Revitalization
Area, and any other significant feature of community importance identified
in a Town planning document; or
(j)
Significant natural areas and features: areas with rare vegetation,
significant habitats, or habitats of endangered, threatened or special
concern species as determined by the New York State Department of
Environmental Conservation (Natural Heritage Program), mature forests
over 100 years old, locally important vegetation (such as trees over
24 inches in diameter at breast height or unique species), or unique
natural or geological formations; or
(k)
Trails: existing and potential trails, bikeways, and pedestrian
routes of Town, state or county significance; or
(l)
Recreation: lakes, ponds or other significant recreational areas
or opportunities or sites designated in the Town's Comprehensive Plan
and Open Space and Affordable Housing Plan.
E.
Permitted, accessory and special permit uses. Open space uses, as identified in Subsection I herein, shall be considered permitted and/or accessory uses in a conservation subdivision. Other permitted, accessory and special permit uses within a conservation subdivision shall be the same as those otherwise allowed in the zoning district in which the development is located. As an alternative to single-family detached dwellings, single-family attached dwellings and multifamily dwellings are also permitted in conservation subdivisions, provided common areas are in condominium or cooperative ownership for single-family attached dwellings or unified ownership for multifamily dwellings and such dwellings are designed to resemble a single-family dwelling in keeping with the rural character and traditional agricultural groupings of dwellings found in the Town. In no case shall an individual structure contain more than four attached dwelling units in the HP20 District, nor more than six attached dwelling units in the RA10, RC5, RL5, and RM1 Districts. Site plan approval, in accordance with Article VII, is required for all attached or multifamily dwelling unit developments. The use of the Town of Rhinebeck Design Standards is mandatory (see Appendix A herein[3]).
[3]
Editor's Note: Appendix A is on file in the Town offices.
F.
Density. The maximum permitted number of lots or dwelling units within
a conservation subdivision shall not exceed the number of units that,
in the Planning Board's judgment, would be permitted if the land were
subdivided into conventional lots fully conforming to the minimum
lot area, width and frontage and density requirements of this chapter
applicable to the district or districts in which such land is situated
and conforming to all other requirements of the Town of Rhinebeck
Code. The Planning Board remains responsible for the determination
of whether a conservation subdivision is appropriate for the land.
To determine density, the applicant shall submit a yield subdivision
plan, designed so that no variances or waivers from any provision
of the Town of Rhinebeck Code shall be necessary and meeting the following
requirements:
[Amended 7-25-2016 by L.L. No. 5-2016]
(1)
A yield subdivision plan shall be prepared as a conceptual sketch
plan, in accordance with the density and other development standards
for the applicable zoning district(s) from the District Schedule of
Area and Bulk Regulations[4] and other requirements of Article IV of this chapter. The lots shown on a yield subdivision plan shall be the maximum number of lots permissible in a conservation subdivision. The Planning Board shall reach a consensus on the maximum number of lots permissible in the conventional subdivision layout prior to initiation of the four-step conservation subdivision design process.
[4]
Editor's Note: The Schedules of Area and Bulk Regulations are included as attachments to this chapter.
(3)
Yield subdivision plans shall be realistic and must not show potential house sites or streets in areas that would not ordinarily be legally permitted in a conventional subdivision. If appropriate, the Planning Board may require the applicant to provide an analysis of potential compatibility or incompatibility of the yield plan with the Standards for Issuance of Permits and Letters of Permission found in 6 NYCRR 663.5 when sites involve freshwater wetlands or other significant natural resources for which discretionary permits would be required. Any lands which are subject to flooding, comprised of wetlands and a one-hundred-foot upland buffer area, ponds, streams and/or slopes in excess of 25% shall not be considered suitable for building development for purposes of this analysis, except to the extent which may be permitted by Article IV, § 125-46, of this chapter.
(4)
Partial conservation subdivision. No lot in a conservation subdivision
may be further subdivided except under the following conditions:
(a)
The total number of lots which would result on the parcel does
not exceed the number determined in accordance with the yield subdivision
plan procedures set forth herein at the time of the original subdivision.
The Planning Board may waive submission of documentation of the full
lot count where, in the Planning Board's judgment, the number of lots
proposed is substantially less than the total allowable lot count.
(b)
The applicant executes a conservation easement that sets aside
conservation land on a pro-rata basis in connection with the land
being subdivided rather than the entire parcel. For example, if a
parcel is large enough to accommodate 10 lots, but the applicant is
proposing only five, the applicant may do a conservation subdivision
on 1/2 of the property, preserving the amount of open space required
for the portion to be developed rather than the amount required if
the entire property were developed.
(c)
The open space land must be in a configuration that will preserve
buildable land of conservation value based upon a conservation analysis,
and must allow for subsequent extension of the conservation subdivision,
unless the applicant elects to preserve the remainder of the parcel
as open space land. In this case, the preserved open space does not
need to be contiguous with the building lots.
(d)
This provision may not be used to circumvent the restrictions
on segmentation under SEQRA.
G.
Conservation subdivision design process. Once the maximum permissible
number of lots in a conservation subdivision has been established,
the next step is to create a conservation subdivision design layout.
Lot areas, widths and frontages and other dimensional requirements
are flexible, provided the average density of the subdivision does
not exceed the yield subdivision plan's density determination and
provided the dwelling units are sited on those portions of the parcel
most suitable for development while protecting significant contiguous
open space. In a conservation subdivision, the layout shall include
an identification of primary and secondary conservation lands (as
defined herein) within a parcel(s), which includes those elements
most highly valued by the community, as illustrated on Figures 1a
and 1b herein. Illustrations of the conservation subdivision design
process are provided herein to assist applicants and landowners.
[Amended 7-25-2016 by L.L. No. 5-2016]
(1)
Sketch plan.
(a)
A sketch plan shall be submitted by the applicant as a diagrammatic
basis for informal discussions with the Planning Board regarding the
design of a proposed conservation subdivision. Applicants are encouraged
to forward the proposed sketch plan to the selected land trust to
inform such trust of the proposed plans. The Planning Board may provide
early notification to surrounding landowners, in accordance with the
procedures outlined in the Town Subdivision Regulations.[6] The purpose of such early notification is to bring neighbors,
with knowledge and experience about life in their neighborhood, into
the subdivision planning process.
(b)
The purpose of the sketch plan is to facilitate an expedient
review of proposed new subdivisions in conformance with the Town Zoning
Law, Subdivision Regulations and Comprehensive Plan. Sketch plan submission
is a way to help applicants and Planning Board members develop a better
understanding of the property and to help establish an overall design
approach that respects its special or noteworthy features, while providing
for the density permitted under the Zoning Law. To provide a full
understanding of the site's potential and to facilitate the most effective
exchange with the Planning Board, the sketch plan shall include the
information listed below. Many of these items can be taken from the
existing resources and site analysis plan, a document that must in
any case be prepared and submitted no later than the date of the site
inspection, which precedes the preliminary plan.
[2]
One-hundred-year floodplain limits, and approximate location
of wetlands and wetland buffers, if any;
[3]
Topographical and physical features, including existing structures,
wooded areas, hedgerows, and other significant vegetation, steep slopes
(over 15% and 25% identified separately), stonewalls, historic structures,
archaeological sites, soil types (prime, statewide significant and
hydric soils identified as such), ponds, streams within 200 feet of
the tract, and existing rights-of-way and easements;
[4]
Schematic layout indicating a general concept for land conservation
and development ("bubble" format is acceptable for this delineation
of conservation areas);
[5]
In the case of land development plans, proposed general layout,
including building locations, parking lots, and open spaces;
[6]
Site context map. A map showing the location of the proposed
subdivision within its neighborhood context shall be submitted. For
all sites, such maps shall be at a scale not less than one inch equals
1,000 feet, and shall show the relationship of the subject property
to natural and man-made features existing within 2,000 feet of the
site. The features that shall be shown on site context maps include
topography and streams (from USGS maps), state and/or federal wetlands,
woodlands over 1/2 acre in area (from aerial photographs), ridgelines,
public roads and trails, utility easements and rights-of-way, public
land, land protected under conservation easements, and land included
as open space in a conservation subdivision;
(2)
Preliminary plan documents. A preliminary conservation subdivision
plan shall consist of and be prepared in accordance with the following
requirements, which are designed to supplement and, where appropriate,
replace the requirements of the Subdivision Regulations.[7] The submission requirements for a preliminary plan include:
(c)
Existing resources and site analysis plan. For all conservation
subdivisions, an existing resources and site analysis plan shall be
prepared by the applicant to provide the developer and the Planning
Board with a comprehensive analysis of existing conditions, both on
the proposed development site and within 500 feet of the site. The
existing resources and site analysis plan becomes the basis for the
four-step design process. Conditions beyond the parcel boundaries
may be described on the basis of existing published data available
from governmental agencies and from aerial photographs.
[1]
The Planning Board shall review the plan to assess its accuracy
and thoroughness. Unless otherwise specified by the Planning Board,
such plans shall be prepared at the scale of one inch equals 100 feet
or one inch equals 200 feet, whichever would fit best on a single
standard-size sheet not exceeding 36 inches by 42 inches.
[2]
The following information shall be included in this plan:
[a]
Topography, the contour lines of which should be
at two-foot intervals, determined by photogrammetry (although ten-foot
intervals are permissible beyond the parcel boundaries, interpolated
from published USGS maps). The determination of appropriate contour
intervals shall be made by the Planning Board, which may specify greater
or lesser intervals on exceptionally steep or flat sites. Slopes between
15% and 25% and exceeding 25% shall be clearly indicated. Topography
shall be prepared by a professional land surveyor or professional
engineer from an actual field survey of the site or from stereoscopic
aerial photography and shall be coordinated with official USGS benchmarks.
[b]
The location and delineation of ponds, streams,
and natural drainage swales as well as the one-hundred-year floodplains
and wetlands, as defined by the Town of Rhinebeck, State of New York
and the United States Army Corps of Engineers.
[c]
Vegetative cover conditions on the property according
to general cover type, including cultivated land, permanent grass
land, old field, hedgerow, woodland and wetland, isolated trees with
a caliper in excess of six inches or trees of significance by virtue
of their species, stands of unique trees, and the actual canopy line
of existing trees and woodlands. Vegetative types shall be described
by plant community, relative age, condition, and value for biodiversity
as established by the Town of Rhinebeck Biodiversity Assessment mapping
and Habitat Management Guidelines.
[d]
Soil series, types and phases, as mapped by the
U.S. Department of Agriculture, Natural Resources Conservation Service,
in the Dutchess County Soil Survey, and accompanying data published
for each soil relating to its suitability for construction and for
septic suitability.
[e]
Ridgelines and watershed boundaries shall be identified.
[f]
A viewshed analysis showing the location and extent
of views into the property from public roads and from public parks,
public forests, Hudson River views and designated scenic roads.
[g]
Geologic formations on the proposed development
parcel, including rock outcrops, based on available published information
and/or field survey obtained by the applicant.
[h]
The location and dimensions of all existing streets,
roads, buildings, utilities and other man-made improvements.
[i]
Locations of all historically significant sites
or structures on the parcel and on any abutting parcel whether identified
in the Town of Rhinebeck Comprehensive Plan or listed on the National
Register of Historic Places.
[j]
Locations of existing and proposed trails that
have been in public use (pedestrian, equestrian, bicycle, etc.) or
proposed in the Town of Rhinebeck Comprehensive Plan, Open Space Plan
or by Dutchess County, the State of New York or the Hudson River Valley
Greenway.
[k]
All easements and other encumbrances of property
which are or have been filed of record with the Dutchess County Clerk's
office shall be shown on the plan.
[l]
The boundary lines and district identification
of the Hudson River National Historic Landmark District, the Waterfront
Revitalization Area, the Mid-Hudson Historic Shorelands Scenic District,
and the Estates District Scenic District of Statewide Significance,
all of which are available for viewing at the Town Clerk's office.
(3)
Four-step design process for conservation subdivisions. All sketch
plans shall include Step 1 of the four-step design process. All preliminary
plans shall include documentation of the four-step design process
in determining the layout of proposed open space lands, house sites,
streets and lot lines, as described below:
(a)
Step 1: delineation of open space lands. Proposed open space lands shall be derived from the existing resources and site analysis plan as a base map and complying with Subsection G(2)(c) and the Subdivision Regulations,[8] dealing with resource conservation and Greenway delineation standards. The Town's Comprehensive Plan, Open Space Plan, and significant habitat mapping shall also be utilized. Primary conservation areas shall be delineated comprising floodplains, wetlands and their buffers, significant habitat and biodiversity conservation areas, slopes over 25% and other features as shown on Figure 1a. Secondary conservation areas shall be delineated comprising the resources shown on Figure 1b or such other natural and cultural features that have been identified on the property. The applicant shall prioritize natural and cultural resources on the tract in terms of their highest to least suitability for inclusion in the proposed open space, in consultation with the Planning Board and Conservation Advisory Board, after a site inspection, to create a prioritized list of resources to be conserved. On the basis of those priorities and practical considerations given to the tract's configuration, its context in relation to resource areas on adjoining and neighboring properties, and the applicant's development objectives, secondary conservation areas shall be delineated (see Figure 1b) to meet at least the minimum area percentage requirements for open space lands and in a manner clearly indicating their boundaries as well as the types of resources included within them. Calculations shall be provided indicating the applicant's compliance with the acreage requirements for open space areas on the tract. The result is shown on Figure 1c, Potential Development Areas. If the secondary conservation areas include active agricultural lands or contain soils classified within Soil Group 1 through 3 of the New York State Land Classification System, the siting guidelines found in Subsection J(6) shall be followed in the design process.
[Amended 7-25-2016 by L.L. No. 5-2016]
Figure 1a. Primary conservation areas include:
Freshwater wetlands and ponds, steep slope areas of 25% or more,
one-hundred-year floodplains, stream, biodiversity conservation areas,
agricultural land, prime farmland soils in Groups 1-3, hydric soils,
and historic and prehistoric sites or structures.
|
Figure 1b. Secondary conservation areas include:
Roads and trails, structures including foundations, stone walls
and hedgerows, vegetation types by community, isolated trees, views
to and from the site, steep slopes of 15% to 25%, statewide significant
soils in Soil Groups 4-6, and Dutchess County septic density recommendations.
|
Figure 1c. Potential development areas
|
(b)
Step 2: location of house sites. Potential house sites shall
be tentatively located, using the proposed open space lands as a base
map, as well as other relevant data on the existing resources and
site analysis plan, such as topography and soils. House sites should
be located not closer than 100 feet to primary conservation areas
and 50 feet to secondary conservation areas, taking into consideration
the potential negative impacts of residential development on such
areas, as well as the potential positive benefits of such locations
to provide attractive views and visual settings for residences.
Figure 2: House Sites Located
|
(c)
Step 3: alignment of streets and trails. Upon designating the
house sites, a street and trail plan shall be designed to provide
vehicular access to each house and pedestrian access to the open space
(if appropriate), complying with the standards identified herein and
bearing a logical relationship to topographic conditions. Impacts
of the street plan on proposed open space lands shall be minimized,
particularly with respect to crossing environmentally sensitive areas,
such as wetlands and traversing slopes exceeding 15%. Except in cases
involving proposed private roads or shared driveways, existing and
future street and trail connections are encouraged to eliminate the
number of new culs-de-sac to be maintained by the Town, to facilitate
access to and from homes in different parts of the tract and adjoining
parcels and, if possible, to assist in the creation of a nonmotorized
trails system in the Town. Culs-de-sac are appropriate when they support
greater open space conservation or provide extensive pedestrian linkages.
Figure 3: Align Streets and Trails
|
(d)
Step 4: drawing in the lot lines. Upon completion of the preceding
three steps, lot lines are drawn, as required, to delineate the boundaries
of individual residential lots and the open space.
Figure 4: Draw in the Lot Lines
|
(e)
Note on the four-step site design process for hamlets and adjoining
the village. The design process for developing conservation subdivisions
in or adjacent to hamlets and the village shall be a variation on
the four-step process for conservation subdivisions, as described
herein. In hamlets and near the village, where traditional streetscape
and "terminal vistas" are of greater importance, Steps 2 and 3 may
be reversed, so that streets and squares are located during the second
step, and house sites are located immediately thereafter. The first
step is to identify open space lands, including both primary and secondary
conservation areas.
H.
Dimensional standards. Except as specified herein, all dimensional
standards normally applicable to other subdivisions and uses shall
also be applicable to conservation subdivision.
(1)
Minimum required open space. In all zoning districts, a conservation
subdivision shall preserve, in perpetuity, open space land in accordance
with the minimum requirements of the following table. Parking areas
and roads shall not be included in the calculation of the minimum
required open space. Except for open space lands that are to be used
for agricultural purposes, at least 25% of the minimum required open
space shall consist of lands suitable for use as a passive recreation
area.
|
Zoning District
|
Minimum Required Open Space
| |
|---|---|---|
|
HP20
|
80%
| |
|
RA10
|
80%
| |
|
RC5
|
65%
| |
|
RL5
|
60%
| |
|
RM1
|
40%
| |
|
Other residential districts
|
20%
| |
|
ORP
|
50%
| |
|
BP
|
40%
| |
|
Other nonresidential districts
|
20%
|
(2)
Minimum lot width at building line: 60 feet.
(3)
Minimum street or private road frontage: 40 feet. The Planning Board
may waive the Town flag lot specifications for conservation subdivisions,
based upon a review of the conservation analysis, the character of
the development and surrounding area. Flag lots are a means for development
to occur within interior portions of a parcel at relatively low density,
thereby preserving roadside open space and avoiding the expense of
new Town roads in conservation subdivisions.
(4)
Yard regulations. The builder or developer is urged to consider variations
in the principal building position and orientation, but shall observe
the following minimum standards. The Planning Board may set maximum
yards where the character of development is more appropriate for compact
development with walkable neighborhoods:
(5)
Maximum impervious coverage. No more than 10% (or 4,356 square feet)
of any given acre should be covered with impervious surface in the
form of access drives and parking areas.
(6)
Minimum lot area, width and frontage. The minimum lot area, width and frontage for developments with individual sanitary sewage disposal systems shall be 12,000 square feet per single-family unit or as recommended in the Dutchess County aquifer recharge rates and sustainable septic system density recommendations. When community water and/or sewerage systems are involved, the use and dimensional guidelines found in Article VIII shall be used as guidelines. Attached single-family dwelling units shall be in condominium, cooperative, or other acceptable ownership options. In accordance with Article IV, § 125-32, no more than 25% of the required minimum lot area may be fulfilled by land which is included within a designated wetland or one-hundred-year floodplain.
[Amended 7-25-2016 by L.L. No. 5-2016]
I.
Standards for protected open space.
(1)
The required open space land consists of a combination of primary
conservation areas and secondary conservation areas. Primary conservation
areas include freshwater wetlands and other water bodies with a one-hundred-foot
adjacent area acting as a surrounding buffer, streams, lands within
the one-hundred-year floodplain, prime farmland and hydric soils,
and lands having slopes of 25% or more. The proposed subdivision design
shall minimize disturbance of these environmentally sensitive areas.
Primary conservation areas shall be included in the required open
space area to the greatest extent practical. Secondary conservation
areas include special features of the property that would ordinarily
be overlooked or ignored during the design process such as agricultural
lands, woodlands, significant natural areas and features, stone walls,
rock outcrops, hedgerows, meadows, historic structures and sites,
historic rural corridors, scenic viewsheds, scenic roads and trails.
Secondary conservation areas shall be included in the required open
space area to the greatest extent practical such that protecting these
resources will, in the judgment of the Planning Board, achieve the
purposes of this section. The applicant shall demonstrate that primary
and secondary conservation areas will be protected by identifying
and delineating building envelopes and home sites on the proposed
subdivision plan.
(2)
Open space lands shall be laid out in general accordance with the
Town's Comprehensive Plan and Open Space Plan to protect large blocks
of open space and to protect biodiversity and other environmental
resources as set forth in the Comprehensive Plan.
(3)
A recreational fee in lieu of land, as set forth in the Town's fee
schedule, may be imposed to accommodate the foreseeable recreational
needs of the proposed subdivision's residents. Such fee shall be imposed
only after the Planning Board has made a finding that a proper case
exists for requiring that a park or recreational facilities are needed
by the subdivision's residents for recreational purposes. The Planning
Board, in making such findings, shall evaluate present and anticipated
future needs for park and recreational facilities, based upon the
cumulative demands of all recently approved and pending subdivision
applications on Town recreational facilities and the resulting need
to expand recreational facilities in the near future as a result of
the proposed subdivision and other subdivisions and may rely on the
projections and other analysis of need in the Recreational Needs Assessment
for the Rhinebeck Community dated September 12, 2006, as updated from
time to time.
(4)
Active agricultural land with farm buildings may be used to meet
the minimum required open space land. Access to open space land used
for agriculture may be appropriately restricted for public safety
and to prevent interference with agricultural operations on nonagricultural
lands. To minimize land use conflicts, land used for agricultural
purposes shall be buffered from residential uses by a setback, on
the lands used for residential purposes, of at least 200 feet. No
clearing of trees or understory growth shall be permitted in this
setback (except as may be necessary for street or trail construction).
Where this buffer is unwooded, the Planning Board may require vegetative
screening to be planted, or that it be managed to encourage natural
forest succession through "no-mow" policies and the periodic removal
of invasive plant and tree species.
(5)
Open space land should generally remain contiguous and should be
designed to connect with adjacent open space areas, if any. No individual
parcel of common open space should be less than one acre except for
roadway median strips, traffic islands, walkways, trails, courtyards,
play areas, recreation facilities, drainageways leading directly to
streams, historic sites or unique natural features requiring common
ownership protection.
(6)
No portion of any house lot may be used for meeting the minimum required
open space land unless encumbered with a conservation easement.
J.
House lot standards. Development areas for the location of house
lots include the necessary building envelope for each dwelling unit,
constituting the remaining lands of the tract outside of the designated
open space areas. Building envelopes shall be designed in accordance
with the following standards:
(1)
Building envelopes shall not encroach upon primary conservation areas,
and their layout shall respect secondary conservation areas.
(2)
All new dwellings should meet the following setback requirements
to the greatest extent practicable:
|
Zoning District
| ||||||
|---|---|---|---|---|---|---|
|
Setback
(feet)
|
HP20
|
RA10
|
RC5
|
RL5
|
Others
| |
|
From all external road ultimate rights-of-way
|
200
|
200
|
150
|
100
|
100
| |
|
From all other parcel boundaries
|
100
|
100
|
50
|
50
|
50
| |
|
From agricultural lands, as defined herein at Subsection I(4)
|
200
|
200
|
200
|
200
|
200
| |
|
From buildings or barnyards housing livestock
|
300
|
300
|
300
|
300
|
300
| |
|
From active recreation areas, but not including "tot lots"
|
150
|
150
|
150
|
150
|
50
| |
(3)
Views of house lots from exterior roads and abutting properties shall
be minimized by the use of changes in topography, existing vegetation,
or additional landscaping which meets the landscaping requirements
of the Zoning Law and Subdivision Regulations.[9]
(4)
House lots should generally be accessed from interior roads or common
driveways, rather than from roads bordering the tract. New intersections
with existing public roads shall be minimized. Two accessways into
and out of subdivisions, where the average daily traffic (ADT) will
exceed 200 trips, is required for safety; however, proposals for more
than two entrances onto public roads are discouraged if they would
unnecessarily disrupt traffic flow or unduly impact the environment.
Consultation with emergency services providers should be initiated
for all subdivisions that would cause exceedance of the threshold
of 200 trips per day.
(5)
At least 3/4 of the lots should directly abut or face conserved open
space.
(6)
For conservation subdivision of lands with agricultural or forestry
activities or with the potential for such activities, including lands
within Dutchess County Agricultural District No. 20, lands within
500 feet of Dutchess County Agricultural District No. 20, and/or
lands subject to § 480-a of the New York State Real Property
Tax Law or within 500 feet of a parcel subject to § 480-a
of the New York State Real Property Tax Law, house lots shall be designed
in accordance with the following guidelines:
(a)
All surficial soils classified as prime farmland soils (Class
1 to 3) shall be avoided by subdivision development. Soils of statewide
significance (Class 4 to 6) should be avoided by subdivision development
to the greatest extent practical. Other existing features, the preservation
of which would benefit the Town and the subdivision, should be avoided
through sensitive design of the conservation subdivision. Such features
include, but are not limited to:
[1]
Groves of mature trees and large individual trees.
[2]
Hedgerows and woodlands along roadways, property lines, and
streams.
[3]
Scenic vistas.
[4]
Water features such as streams, ponds, floodplains, lakes and
wetlands.
[5]
Stone walls and rock outcrops.
[6]
Steep slopes in excess of 15%.
[7]
Habitats of species of conservation concern and significant
habitats identified in the Town of Rhinebeck Significant Habitats
Report dated July 2007.
[8]
Visually prominent agricultural landscape features such as fields,
pastures and meadows on knolls, hilltops and ridgelines.
[9]
Historic structures or sites.
[10]
Similar irreplaceable assets.
(b)
Residential structures should be located according to the following
guidelines, which are listed in order of significance. Note that some
of the guidelines may conflict with each other on a particular site,
in which case the Planning Board may use its discretion to resolve
such conflicts:
[1]
On the least fertile agricultural soils and in a manner which
maximizes the usable area remaining for agricultural use;
[2]
Away from the boundaries of any preserved farm, to reduce conflicting
uses in areas where farmers have made long-term commitments to continue
to farm;
[3]
In such a manner that the boundaries between house lots and
active farmland or active forest management land are well buffered
by vegetation, topography, roads or other barriers to minimize potential
conflict between residential and agricultural/forestry uses;
[4]
To avoid disturbance to the existing environmental, cultural and scenic features noted in Subsection J(6)(a) above;
[5]
To be as visually inconspicuous as practical when seen from
state, county and local roads, and particularly from designated scenic
routes;
[6]
Next to other residences or building lots on adjacent properties;
[7]
To minimize the perimeter of the built area by encouraging compact
development and discouraging strip development along roads;
[8]
On suitable soils for subsurface sewage disposal (where applicable);
[9]
Within woodlands, or along the far edges of open agricultural
fields adjacent to any woodland, to reduce encroachment upon agricultural
soils, provide shade in summer and shelter in winter, and to enable
new residential development to be visually absorbed by the natural
landscape;
[10]
In locations where the greatest number of dwelling
units could be designed to take advantage of solar heating, solar
electric and wind generating opportunities; and
[11]
Any other mitigation measure imposed under SEQRA.
[Amended 7-25-2016 by L.L. No. 5-2016]
K.
Streets, driveways and trails.
(1)
Common driveway access for conservation subdivisions may be provided
to serve up to six dwellings. Common driveways shall be a minimum
of eight feet in width and a maximum of 16 feet in width. Common driveways
that are less than 16 feet in width shall provide for regularly spaced
vehicle pull-offs that are 16 feet in width. A pedestrian circulation
and/or trail system shall be designated and installed sufficient for
the needs of residents, as deemed practical by the Planning Board.
The use of gates or other access control measures on common driveways
is prohibited.
(2)
Private roads are encouraged in conservation subdivision. However,
access arrangements for private roads must be made in accordance with
§ 280-a of the New York State Town Law. In cases where public
roads are proposed, the Planning Board shall work with the Superintendent
of Highways to ensure that the Town of Rhinebeck's Highway Specifications,[10] normally applicable to conventional subdivisions, do not
impact or detract from the rural and environmental character of a
conservation subdivision. The Superintendent of Highways has the ability
to make a recommendation as to the interpretation of any part of the
highway specification requirements and to modify such requirements
under Section 8 of the Highway Specifications. Conservation subdivisions
containing 20 lots or more shall have at least two connections with
existing roads, roads on an approved subdivision plat for which a
bond has been filed, or access to an existing private road. Regardless
of the road design employed, the applicant shall demonstrate and the
Planning Board shall find that emergency services access is adequate
for the number of dwellings proposed. The use of gates or other access
control measures on private roads is prohibited.
(3)
From an aesthetic and speed-control perspective, curving roads are
preferred in an informal rural setting to avoid long, straight segments.
Shorter straight segments connected by ninety-degree bends should
be avoided except in a more formal or traditional arrangement of lots,
such as in areas adjoining the village, in hamlet areas or where lots
surround a common green or traditional square.
(4)
Whenever appropriate, road systems should produce terminal vistas,
with prominent views of open space features, in accordance with the
conservation emphasis of the conservation subdivision design and to
positively contribute to the Town's open space goals.
(5)
Roads should be designed to conform with the topography of the land
to minimize cuts and fills.
(6)
Single-loaded roads are encouraged alongside conservation areas to
provide views of the conservation lands for residents and visitors.
(8)
The Planning Board should consider the potential fiscal impacts on
the Town's resources for all new public roads, including required
stormwater management facilities, landscaping and other access-related
features. If the Planning Board identifies a potential fiscal impact,
as a condition of subdivision approval the Planning Board may require
the formation or extension of a special improvement district(s) pursuant
to Articles 12 and 12-A of the New York State Town Law or other mechanism
acceptable to the Town Attorney, such as formation of a homeowners'
association.
L.
Permanent protection of open space. Open space set aside in a conservation subdivision, or as a condition of any special use permit or site plan approval, shall be permanently preserved by a conservation easement. The conservation easement shall be perpetual and shall restrict the open space land to the purposes identified in Subsection L(2) below, pursuant to § 247 of the General Municipal Law and/or Title 3 of Article 49 of the Environmental Conservation Law. The conservation easement shall be granted to a not-for-profit conservation organization, as defined in § 49-0303 of the Environmental Conservation Law, qualified under the Internal Revenue Code Section 107(h) and acceptable to the Planning Board. Only if there is no interest on the part of a qualified not-for-profit conservation organization to accept such conservation easement, the Town Board shall have the option of holding such easement. In this case, the Town Board shall commit to annual monitoring, stewardship, and enforcement of such conservation easement. Further, the Town may at any time transfer such easement to a qualified not-for-profit conservation organization. The conservation easement document shall be approved by the Planning Board and shall be required as a condition of approval. The Planning Board may require that third-party enforcement rights be granted in a conservation easement, which empowers the Town or a not-for-profit conservation organization, which is not a holder of the easement, to enforce any terms of the easement.
(1)
Conservation easements deeded to a qualified not-for-profit conservation
organization shall include but not be limited to the following:
(a)
The conservation organization is acceptable to the Planning
Board and Town Attorney and is a bona fide "not-for-profit conservation
organization," as defined in Article 49 of the New York State Environmental
Conservation Law;
(b)
The conveyance contains appropriate provisions for proper reverter
or retransfer in the event that the conservation organization becomes
unwilling or unable to continue carrying out its functions; and
(2)
The conservation easement shall permanently restrict the open space
from future subdivision, shall define the range of permitted activities
and shall be reviewed and approved by the Planning Board and Town
Attorney prior to the granting of final plat or other approval. Under
no circumstances shall any development be permitted in the open space
at any time, except for the following uses:
(a)
Conservation of open land (for example, woodland, fallow field,
or managed meadow).
(b)
Agricultural and horticultural uses, including raising crops
or livestock, wholesale nurseries, and associated buildings, that
are specifically needed to support an active, viable agricultural
or horticultural operation. Specifically excluded are concentrated
animal feeding operations (CAFOs) as defined by the United States
Environmental Protection Agency, or commercial livestock operations
involving swine, poultry, mink, ratites, and other animals likely
to produce highly offensive odors.
(c)
Game preserve, wildlife sanctuary, or other similar conservation
use.
(d)
Woodlots, arboreta, and silviculture in keeping with established
standards for selective harvesting, sustained-yield forestry and generally
consistent with the New York State best management practices and Timber
Harvesting Guidelines.
(e)
Neighborhood open space uses such as village greens, commons,
picnic areas, community gardens, trails, and similar low-impact passive
recreational uses, specifically excluding motorized off-road vehicles,
rifle ranges, and other uses similar in character and potential impact
as determined by the Planning Board.
(f)
Water supply and sewage disposal systems, and stormwater detention
areas designed, landscaped, and available for use as an integral part
of the open space area.
(g)
Easements for drainage, sewer or water lines, or other public
purposes.
(h)
Underground utility rights-of-way. Aboveground utility and street
rights-of-way may traverse conservation areas but shall not count
toward the minimum required open space land.
(3)
The open space is clearly delineated by the use of stone cairns along
the borders of the open space and at the corners of the open space
as an aid in the field identification of the protected areas.
(4)
Acquisition by Town.
(a)
The Town of Rhinebeck may acquire conservation easements over
real property in accordance with § 247 of the General Municipal
Law and Article 49, Title 3, of the Environmental Conservation Law.
This subsection establishes guidelines and criteria for the evaluation
of such easements in order to clearly establish the public benefit
associated with acceptance of such easements. The proposed easement
shall have a definite public purpose which benefits the Town and the
community as a whole. The term of any conservation easement offered
to the Town shall be perpetual. The Town has the option to subcontract
with a qualified not-for-profit conservation organization for the
technical and legal aspects of a conservation easement, including
baseline documentation, legal easement documents, and ongoing monitoring
and stewardship responsibilities.
(b)
Prior to acquisition of a conservation easement by the Town
of Rhinebeck, such easement shall be evaluated in accordance with
the following criteria:
[1]
The proposed conservation easement shall be found to conserve,
preserve and protect an area which is significant because of its value
as agricultural or forest land, unique scenic or natural beauty; its
value as a watercourse, water body, freshwater wetland or aquifer
recharge area; its unique geological or ecological character; its
historical, archaeological, architectural or cultural amenities; its
value as a public community recreational area; Greenway corridor,
or its relationship to an adjacent recreational area; its value as
a wildlife habitat or its relationship to an adjacent wildlife preserve
or wildlife corridor; its intrinsic value as open space necessary
to preserve scenic vistas or otherwise enhance community character
and attractiveness; or because of its intrinsic value as open space
in determining future land use development patterns within the Town.
The Town Board may request advisory opinions from the Town Conservation
Advisory Board, the Town Planning Board, and other appropriate agencies
prior to acquisition of such an easement.
[Amended 7-25-2016 by L.L. No. 5-2016]
[2]
Responsibility for enforcement of the terms of the conservation
easement shall reside with the Town. The easement shall contain the
necessary terms and restrictions to ensure that the original character
of the area is maintained and to provide sufficient detail that the
Town can effectively enforce all the terms and conditions of the easement.
It shall be clearly stated that the owner of the property is responsible
for the maintenance of the area.
[3]
The Town Board may request a fee for costs relating to acceptance
and ongoing monitoring and stewardship of the conservation easement.
[4]
The Town is responsible for annual review of each protected
property to verify the continued integrity of the easement.
[5]
The approved conservation casement shall be recorded with the
Town Clerk, Town Tax Assessor, and the Dutchess County Clerk.
M.
Ownership of open space land and common facilities. Open space is
protected in perpetuity by conservation easements, and the following
methods may be used, either individually or in combination, for ownership
of open space land and common facilities. Open space (including trails
whether part of an on-site trail or part of a larger Townwide trail
system) may be offered for dedication to the Town where it would provide
needed recreational facilities, riverfront access or access to other
water features. Open space land and common facilities shall not be
transferred to another entity except for transfer to another method
of ownership permitted under this section. Ownership methods shall
conform to the following:
(1)
Fee-simple dedication to the Town. The Town may, but shall not be
required to, accept any portion of the open space land and common
facilities, provided that:
(2)
Homeowners' association. Open space land and common facilities may
be held in common ownership by a homeowners' association, subject
to all of the provisions for homeowners' associations set forth in
New York State Business Law. In addition, the following regulations
shall be met:
(a)
The applicant shall provide the Town with a description of the
organization of the proposed association, including its bylaws, and
all documents governing ownership, maintenance, and use restrictions
for common facilities.
(b)
The proposed association shall be established by the owner or
applicant and shall be operating (with financial subsidization by
the owner or applicant, if necessary) before the sale of any dwelling
units in the development.
(c)
Membership in the association shall be mandatory for each property
owner within the subdivision and successive owners in title with voting
of one vote per lot or unit, and the subdivider's control, therefore,
passing to the individual lot/unit owners on sale of the majority
of the lots or units.
(d)
The association shall be responsible for liability insurance,
local taxes and maintenance of open space land, recreational facilities
and other commonly held facilities.
(e)
The bylaws shall confer legal authority on the association to
place a lien on the real property of any member who falls delinquent
in his or her dues. Such dues shall be paid with the accrued interest
before the lien may be lifted.
(f)
Written notice of any proposed transfer of common facilities
by the association or the assumption of maintenance for common facilities
must be given to all members of the association and to the Town no
less than 30 days prior to such event.
(g)
The applicant shall demonstrate that the association will have
adequate resources to administer, maintain, and operate such common
facilities.
(h)
The common open space land shall be protected by conservation
easement from future subdivision and development.
(i)
The Planning Board remains responsible for assuring that proper
provision has been made for ownership and maintenance of the open
space land.
(j)
Ownership shall be structured in such a manner that real property
taxing authorities may satisfy property tax claims against the open
space lands by proceeding against all individual owners in the homeowners'
association and the dwelling units they each own.
(k)
Ongoing maintenance standards shall be established, enforceable
by the Town against an owner of open space land as a condition of
subdivision approval, to assure that the open space land does not
detract from the character of the neighborhood.
(l)
The applicant shall make a conditional offer of dedication to
the Town, binding upon the homeowners' association, for all open space
conveyed to the homeowners' association. Such offer may be accepted
by the Town, at the discretion of the Town Board, upon the following:
[1]
Failure of the homeowners' association to take title to the
open space from the applicant or other current owner.
[2]
Upon dissolution of the homeowners' association at any future
time.
[3]
Upon failure of the homeowners' association to fulfill its maintenance
obligations hereunder.
[4]
Upon failure of the homeowners' association to pay its real
property taxes.
(3)
Non-common private ownership. The required open space land may be included within one or more large "conservancy lots," provided the open space is permanently restricted from future development by a conservation easement as required by Subsection L(1) to (3). This option may be preferable for open space land that is intended for agricultural, horticultural, or silvicultural use.
N.
Maintenance of open space. The cost and responsibility of maintaining
the open space and facilities shall be borne by the homeowners' association
or by the private owner(s). In the case of open space and facilities
deeded to the Town for public use, the municipality shall be responsible
for maintenance, unless special arrangements are made.
O.
Sewage treatment systems. The Town of Rhinebeck may require shared
or community sanitary sewage disposal systems for conservation subdivisions
where single-family attached dwellings or small hamlet-sized lots
are proposed. Shared or community sanitary sewage disposal systems
are encouraged for all other conservation subdivisions except for
large farm or conservancy lots. Such systems may be located in the
required open space lands such as on conservation meadows, village
greens, and passive recreations areas, provided such areas are not
paved or covered with other impervious surfaces. Regardless of the
type of subsurface sewage disposal method employed, all required separation
distances shall be observed and the ownership and maintenance responsibilities
associated therewith shall be clearly defined in agreements submitted
for approval as part of the subdivision application. No application
shall be approved that does not provide lot buyers with both the legal
authority and the responsibility, individually or collectively, to
maintain all sewer facilities on a continuing basis. This may include
the creation of a special district under Articles 12 and 12-A of New
York State Town Law.
No person shall undertake to construct any building or structure
intended for human occupancy, whether a principal, converted, or an
accessory structure, within the Town of Rhinebeck without first meeting
the requirements for a system or facilities for both a potable water
supply and the separate disposal of sewage and domestic or trade wastes
in accordance with the applicable regulations of the Town of Rhinebeck,
the Dutchess County Health Department and the New York State Departments
of Health and Environmental Conservation.
No dump, landfill, septage disposal site, or other sanitary
disposal area or facility shall be permitted within the Town of Rhinebeck,
except where approved as part of a subdivision or site plan development
and owned or leased and operated by the Town of Rhinebeck, whether
such operation is through its own forces or on a contract basis. Special
districts may need to be established to cover appropriate costs of
proper maintenance.
[Amended 7-25-2016 by L.L. No. 5-2016]
Any outdoor swimming pool, spa, whirlpool or hot tub, as defined within Article XIII of this chapter, shall be subject to all requirements of the New York State Uniform Fire Prevention and Building Code and Residential Code.
[Added 5-22-2017 by L.L.
No. 2-2017[1]]
A.
Purpose and intent. Solar energy is a renewable and non-polluting
energy resource that can prevent fossil fuel emissions and reduce
a municipality's energy load. Energy generated from solar energy systems
can be used to offset energy demand on the grid where excess solar
power is generated. The use of solar energy equipment for the purpose
of providing electricity and energy for heating and/or cooling is
both a necessary and priority component of the Town of Rhinebeck's
current and long-term sustainability agenda. It is also consistent
with the commitment of Rhinebeck to be a "climate smart" community.
Because it is in the public interest to provide for and encourage
renewable energy systems and a sustainable quality of life, the purpose
of this section is to facilitate the development and operation of
renewable energy systems based on sunlight while minimizing adverse
impacts on neighboring properties so as to protect the public health,
safety and welfare.
B.
ALTERNATIVE ENERGY SYSTEM
BUILDING-INTEGRATED PHOTOVOLTAIC (BIPV) SYSTEM
COLLECTIVE SOLAR
COLLECTOR
FLUSH-MOUNTED SOLAR PANEL
FREESTANDING OR GROUND-MOUNTED SOLAR ENERGY SYSTEM
NET METERING
OBSCURE
PERMIT GRANTING AUTHORITY
PHOTOVOLTAIC (PV) SYSTEM
PRIMARILY
QUALIFIED SOLAR INSTALLER
ROOFTOP OR BUILDING-MOUNTED SOLAR SYSTEM
SETBACK
SMALL-SCALE SOLAR
SOLAR ACCESS
SOLAR COLLECTOR
SOLAR EASEMENT
SOLAR ENERGY SYSTEM
SOLAR MODULE SURFACE AREA
SOLAR PANEL
SOLAR POWER PLANT
SOLAR STORAGE BATTERY
SOLAR THERMAL SYSTEM
SUBSTANTIAL
Definitions. As used in this section, the following terms shall have the meanings indicated, unless the context or subject matter requires others. The definitions set forth in Article XIII, Definitions, § 125-135, of this chapter shall also apply where appropriate.
Structures, equipment, devices or construction techniques
used for the production of heat, light, cooling, electricity or other
forms of energy on site and which may be attached to or be separate
from the principal structure.
A solar energy system that consists of integrating photovoltaic
modules into the building envelope system such as vertical facades
including glass and other material, semi-transparent skylight systems,
roofing materials, and shading over windows.
Solar installations owned collectively through subdivision
homeowner associations, condominium associations, "adopt-a-solar panel"
programs, or other similar collective arrangements.
See "solar collector."
A photovoltaic panel or tile that is installed flush to the
surface of a roof and which cannot be angled or raised.
A solar energy system that is directly installed in the ground
and is not attached or affixed to an existing structure. Pole-mounted
solar energy systems shall be considered freestanding or ground-mounted
solar energy systems for purposes of this chapter.
A billing arrangement that allows solar customers to get
credit for excess electricity that they generate and deliver back
to the public utility grid so that they only pay for their net electricity
usage at the end of the month or year.
Visual shielding that:
[Added 1-2-2020 by L.L.
No. 1-2020]
The Town's Zoning Enforcement Officer and Code Enforcement
Officer, who are together charged with granting permits for the operation
of solar energy systems.
A solar energy system that produces electricity by the use
of semiconductor devices, called "photovoltaic cells," that generate
electricity whenever light strikes them.
For purposes of this section, description of an amount of
projected on-site energy demand not less than 90% of projected energy
generation.
A person who has skills and knowledge related to the construction
and operation of solar electrical equipment and installations and
has received safety training on the hazards involved. Persons who
are on the list of eligible photovoltaic installers maintained by
the New York State Energy Research and Development Authority (NYSERDA),
or who are certified as a solar installer by the North American Board
of Certified Energy Practitioners (NABCEP), shall be deemed to be
qualified solar installers for the purposes of this definition. Persons
who are not on NYSERDA's list of eligible installers or NABCEP's list
of certified installers may be deemed to be qualified solar installers
if the Town's permit granting authority or such other Town officer
or employee as the Town Board designates determines such persons have
had adequate training to determine the degree and extent of the hazard
and the personal protective equipment and job planning necessary to
perform the installation safely. Such training shall include the proper
use of special precautionary techniques and personal protective equipment,
as well as the skills and techniques necessary to distinguish exposed
parts from other parts of electrical equipment and to determine the
nominal voltage of exposed live parts.
A solar energy system in which solar panels are mounted on
top of the structure of a roof of any legally permitted building either
as a flush-mounted system or as modules fixed to frames which can
be tilted toward the south at an optimal angle.
The required minimum horizontal distance from a front, side
or rear property line of a parcel within which a freestanding or ground-mounted
solar energy system is installed.
For purposes of this chapter, the term "small-scale solar" refers to a solar photovoltaic system or solar thermal system serving primarily the building or buildings on the parcel on which the system is located and limited to those rooftop and building-mounted solar collectors, freestanding and ground-mounted solar collectors, building-integrated photovoltaic systems and solar thermal systems subject, respectively, to the permitting and approval requirements set forth within Subsection D, Paragraphs (1) through (3), (7) and (8), and the additional requirements set forth within Subsections E, F and G.
Space open to the sun and clear of overhangs or shade, including
the orientation of streets and parcels to the sun so as to permit
the use of active and/or passive solar energy systems on individual
properties.
A solar photovoltaic cell, panel or array, or solar hot air
or water collector device, which relies upon solar radiation as an
energy source for the generation of electricity or transfer of stored
heat.
An easement recorded pursuant to New York Real Property Law
§ 335-b, the purpose of which is to secure the right to
receive sunlight across real property of another for continued access
to sunlight necessary to operate a solar collector.
Solar collectors, controls, energy storage devices, heat
pumps, heat exchangers, and other materials, hardware or equipment
necessary to the process by which solar radiation is collected, converted
into another form of energy, stored, protected from unnecessary dissipation
and distributed. Solar energy systems include solar thermal and photovoltaic
applications. For the purposes of this chapter, a solar energy system
does not include any system with a solar collector of four square
feet or less in surface area.
The aggregate square footage of all solar panels part of
a solar energy system installation, as calculated based upon the outer
dimension length times width of each of the modules.
A photovoltaic device capable of collecting and directly
converting solar energy into electricity. May also be referred to
as "solar module."
Energy generation facility, whether a ground-mounted and/or
rooftop installation, principally used to convert solar energy to
electricity, whether by photovoltaics, concentrating solar thermal
devices or various experimental solar technologies with the primary
purpose of wholesale or retail sales of electricity. May also be referred
to as "solar plant" or "solar farm."
A device that stores energy from the sun and makes it available
in an electrical form.
Solar energy system that directly heats air, water or other
liquid using sunlight. The heated air, water or other liquid is used
for such purposes as space heating and cooling, domestic hot water
and heating pool water.
For purposes of this section, description of an amount of
projected surplus energy generation not greater than 10% of projected
on-site energy demand.
C.
Applicability.
(1)
The requirements of this section shall apply to all solar energy
systems and equipment installations modified or installed after the
effective date of this section.
(2)
Solar energy system installations for which a valid building permit
has been issued before the effective date of this section shall not
be required to meet the requirements of this section.
(3)
All solar energy systems shall be designed, erected and installed
in accordance with all applicable codes, regulations and industry
standards as referenced in the New York State Uniform Fire Prevention
and Building Code (the "State Code") as well as may be required by
Public Service Commission regulations.
(4)
Safety considerations.
(a)
All solar energy systems and equipment shall be permitted only
if they are determined by the Town Code Enforcement Officer and Zoning
Enforcement Officer not to present any unreasonable safety risks,
including, but not limited to, the following factors:
(b)
In order to make this assessment, the Town Code Enforcement
Officer and Zoning Enforcement Officer shall require certification
from a New York State licensed professional engineer that the system
design conforms with applicable codes, regulations and industry standards
and that the system has been properly installed and anchored to prevent
flotation, collapse or lateral movement.
(5)
All solar collectors and related equipment shall be surfaced, designed
and sited so as not to reflect glare onto adjacent private properties
and public roadways.
(6)
Solar collector installations, unless part of a solar power plant,
shall be designed at the scale required to generate power for the
reasonably projected on-site consumption by owners, lessees, tenants,
residents, or other occupants of the parcel on which they are erected,
but nothing contained in this provision shall be construed to unduly
prohibit collective solar installations or the sale of small amounts
of excess power through a net-billing or net-metering arrangement
in accordance with New York Public Service Law § 66-j or
similar state or federal statute.
D.
Permitting and approval requirements.
(1)
Rooftop or building-mounted solar energy systems that generate electricity
primarily for on-site consumption shall be permitted as an accessory
use in all zoning districts pursuant to a solar energy system building
permit granted by the Town's Code Enforcement Officer and Zoning Enforcement
Officer and subject to the requirements of this section.
(2)
Rooftop or building-mounted solar energy systems which are to be
located in the Rhinecliff (Rc-O) District shall, in addition to a
solar energy system building permit, require site plan approval by
the Planning Board. Review by the Planning Board shall include, but
not be limited to, consideration of the requirements of this section;
the visual effect of the proposed solar installation; impact on community
character; and any mitigation of impact that may be deemed reasonably
undertaken.
(3)
Freestanding or ground-mounted solar energy systems that generate
electricity primarily for on-site consumption shall be permitted as
an accessory use in all zoning districts, subject to the issuance
of a solar energy system building permit and both authorization of
a special use permit and grant of site plan approval by the Planning
Board. Any system located within either the Water Resources (WR-O)
or Flood-Fringe Overlay (FF-O) Zoning District shall require one or
more additional special use permits from the Planning Board. Review
by the Planning Board shall include, but not be limited to, consideration
of the requirements of this section, the visual effect of the proposed
solar installation, including on scenic and historic resources and
viewsheds; impact on community character; the effect of the proposed
installation on ecologically sensitive land or water resources; and
any related mitigation that may be deemed reasonably undertaken. As
required in its review, the Planning Board may define and request
the applicant to undertake appropriate visual impact analysis.
(4)
Solar power plants shall be permitted as a ground-mounted and/or
roof-mounted installation in the Historic Preservation (HP20), Rural
Agricultural (RA10), Rural Countryside (RC5), Residential Low Density
(RL5), Gateway North (Gw-N), Business Park (BP), Office Research Park
(ORP), Utility Corridor (UC), Civic 2 (CIV2), Water Resource Overlay
(WR-O) and Mi-O (Mining Overlay) Zoning Districts subject to issuance
of a solar energy system building permit and both authorization of
a special use permit and grant of site plan approval by the Planning
Board for the proposed solar power plant. If located within either
the Water Resource Overlay (WR-O) or Flood-Fringe Overlay (FF-O) Zoning
District, one or more additional special use permit(s) shall be required.
(a)
Review by the Planning Board shall include, but not be limited
to, consideration of the requirements of this section, the compatibility
of the proposed solar power plant with adjacent and other nearby land
uses; the visual effect of the proposed solar installation, including
on scenic and historic resources and viewsheds; impact on community
character; the effect of the proposed installation on ecologically
sensitive land or water resources; and any mitigation of impact that
may be deemed reasonably undertaken.
(b)
In the course of its review of a proposal for development of
a solar power plant, the Planning Board may require an applicant to
submit a viewshed analysis meeting the procedures identified within
the New York State Department of Environmental Conservation's SEQRA
publication entitled "Assessing and Mitigating Environmental Impacts."
(5)
Solar power plants shall be additionally permitted as a rooftop installation
in the Community Business South (CB-S) Zoning District subject to
issuance of a solar energy system building permit and both authorization
of a special use permit and grant of site plan approval by the Planning
Board.
(6)
Solar power plants, whether ground-mounted and/or roof-mounted installations,
shall be prohibited in all other zoning districts.
(7)
Building-integrated photovoltaic systems are permitted in all zoning
districts, provided they are shown on the plans submitted for the
building permit application for the building containing the system
approved by the Town's Code Enforcement Officer and Zoning Enforcement
Officer.
(8)
Solar thermal systems that generate energy primarily for on-site
consumption in the heating of air or water shall be permitted as an
accessory use in all zoning districts, subject to the issuance of
a solar energy system building permit and grant of site plan approval
by the Planning Board.
E.
Additional requirements for small-scale solar rooftop and building-mounted
solar collectors.
(1)
The maximum solar module surface area of a small-scale rooftop or
building-mounted solar energy system accessory to the principal use
of a parcel, and installed on any rooftop or building on the parcel,
shall be 2,000 square feet for residential use, 4,000 square feet
for farm operations and 8,000 square feet for commercial or institutional
uses.
(2)
Rooftop installations shall incorporate, when practicable, the following
design requirements:
(a)
Solar panels on pitched roofs shall be mounted with a maximum
distance of eight inches between the roof surface and the highest
edge of the system.
(b)
Solar panels on pitched roofs shall be installed parallel to
the roof surface on which they are mounted or attached.
(c)
Solar panels on pitched roofs shall not extend higher than the
highest point of the roof surface on which they are mounted or attached.
(d)
Solar panels on flat roofs shall not extend above the top of
the surrounding parapet, or more than 24 inches above the flat surface
of the roof, whichever is higher.
(3)
Rooftop and building-mounted solar collectors shall not exceed the
maximum height limitations for the zoning district within which they
are located.
(4)
All such installations shall comply with the New York State Uniform
Fire Prevention and Building Code (the "State Code") to ensure firefighter
and other emergency responder safety and access.
F.
Additional requirements for small-scale solar freestanding and ground-mounted
solar collectors.
(1)
The maximum solar module surface area of a small-scale freestanding
or ground-mounted solar energy system accessory to the principal use
of a parcel shall be 2,000 square feet for residential use, 4,000
square feet for farm operations and 8,000 square feet for commercial
or institutional uses.
(2)
In all zoning districts, a parcel must have a minimum area of one
acre in order for an accessory freestanding or ground-mounted solar
energy system to be permitted.
(3)
The location of an accessory ground-mounted or freestanding solar
collector shall comply with the minimum side and rear yard setback
requirements for a principal building within the zoning district or
20 feet, whichever distance is greater.
(4)
No accessory ground-mounted or freestanding solar collectors shall
be permitted in either a required front yard as set forth for the
zoning district within which the solar energy system is proposed or
between the principal building on the parcel and the fronting street
or roadway, whichever is the greater distance.
(5)
Any structures designed and/or constructed to position, hold and/or
otherwise support any accessory ground-mounted or freestanding solar
energy system equipment shall not cause the top edge of the solar
panel to be greater than 12 feet above ground level when oriented
at a maximum vertical tilt.
(6)
Accessory ground-mounted and freestanding solar collectors shall
be screened from adjoining residential parcels and public rights-of-way
through the use of architectural features, earth berms, landscaping
consisting of a naturally appearing blend of deciduous and coniferous
species, fencing or other features which will harmonize with the character
of the property and surrounding area. Proposed screening shall not,
however, interfere with the normal operation of the solar collectors.
(7)
Solar energy equipment shall be located in a manner to reasonably
minimize shading of property to the north while still providing adequate
solar access for collectors.
(8)
Solar energy equipment shall not be sited within any buffer areas such as set forth within § 125-33 of this chapter in the matter of "special setbacks on scenic roads and areas" or any other "greenbelt" that may be established through conservation easement, subdivision plat approval or other legal means.
(9)
The total surface area of a regular geometric form enveloping all ground-mounted and freestanding solar collectors on a residential parcel shall not exceed the area of the ground covered by the principal building on the parcel. Installations on nonresidential properties exceeding the area of ground covered by the principal building on the parcel may be approved by the Planning Board subject to special use permit pursuant to the requirements and procedure set forth within Article VI of this chapter.
(10)
The area both beneath and between ground-mounted and freestanding
solar collectors, i.e., within the regular geometric form cited above,
shall be included in calculating whether the parcel meets the maximum
permitted building coverage and lot coverage and minimum open space
standards for the zoning district within which the solar energy system
is located. The solar energy system shall not, however, be considered
in calculating whether any limitation on either the number or aggregate
square footage of accessory structures is exceeded.
(11)
Any special use permit issued for a small-scale solar freestanding
or ground-mounted system shall be subject to renewal by the Planning
Board three years from its initial issuance and at subsequent intervals
of five years to ensure the installation is being maintained in a
workmanlike manner, with particular emphasis on the maintenance of
landscaping and/or other screening required by the Planning Board
upon issuance of the special use permit.
G.
Additional requirements for small-scale solar thermal systems. To
the extent applicable to the installation, small-scale accessory ground-mounted
and freestanding solar thermal systems shall be subject to the same
requirements set forth above for ground-mounted and freestanding solar
collectors.
H.
Safety and maintenance requirements for solar collector installations.
(1)
All solar collector installations must be performed by a qualified
solar installer.
(2)
Prior to issuance of a certificate of compliance by the Code Enforcement
Officer and subsequent operation of the solar energy system, a report
must be filed with the Code Enforcement Officer by a third-party electrical
inspection person or agency stating that upon inspection all electrical
connections have been found satisfactory.
(3)
Any connection to the public utility grid must be carried out in
accordance with the standard interconnection requirements of the appropriate
public utility and as may be regulated by the New York State Public
Service Commission.
(4)
Solar energy systems shall be maintained in good working order.
(5)
Rooftop and building-mounted solar collectors shall meet New York
Uniform Fire Prevention and Building Code (the "State Code") standards.
(6)
If solar storage batteries are included as part of the solar collector
system, they must be placed in a secure container or enclosure meeting
the requirements of the New York State Uniform Fire Prevention and
Building Code (the "State Code") when in use and when no longer used
shall be disposed of in accordance with the laws and regulations of
the Town and other applicable laws and regulations.
(7)
All solar energy systems and equipment shall be marked in order to
provide emergency responders with appropriate warning and guidance
with respect to isolating the solar electric system. Markings shall
occur in accordance with the provisions of the New York State Uniform
Fire Prevention and Building Code and the National Electrical Code.
(8)
While not required except in the case of ground-mounted installations
associated with solar power plants, if a solar system is no longer
in operation, the property owner should voluntarily remove from the
building or site any collector mounts and associated equipment as
soon as practicable, and without requirement for obtaining a demolition
permit from the Code Enforcement Officer unless the removal is associated
with other work being undertaken for which a demolition permit and/or
building permit is required.
I.
Solar power plants. Solar power plants shall be permitted as a principal
or co-principal "electric generating" use in the Historic Preservation
(HP20), Rural Agricultural (RA10), Rural Countryside (RC5), Residential
Low Density (RL5), Business Park (BP), Gateway-North (Gw-N), Office
Research Park (ORP), Utility Corridor (UC), Civic (CIV), Civic 2 (CIV2),
Water Resource Overlay (WR-O) and Mi-O (Mining Overlay) Zoning Districts
subject to both authorization of special use permit and grant of site
plan approval by the Planning Board, and including but not limited
to conformance with the following supplementary regulations:
(1)
The maximum solar module surface area of the solar power plant shall
be 36,000 square feet.
(2)
If established as the principal use of a fee-owned parcel, the parcel on which the solar power plant is sited shall meet either the minimum lot area requirements as set forth for the zoning district within Article IV, § 125-21, District Schedule of Area and Bulk Regulations,[2] of this chapter or be a minimum of 10 acres, whichever
acreage shall be greater.
[2]
Editor's Note: The Schedule of Area and Bulk Regulations is included as an attachment to this chapter.
(3)
If the solar power plant is established as a co-principal use on
a leased site within a parcel on which another use, or other uses,
is located, the leased site shall be not more than 2.5 acres and the
overall parcel not less than 12.5 acres; except in the Historic Preservation
(HP20) District, where the minimum area of the overall parcel shall
be 22.5 acres.
(4)
A leased site created for the exclusive purpose of development of
a solar power plant shall be exempt from the following requirements:
(b)
The requirement for subdivision plat approval under Town Code Chapter 101, Subdivision of Land, provided a copy of the land agreement is submitted to the Planning Board as part of the application for special use permit, an accurate survey-based description of the leased parcel is depicted on the site plan, and access to the solar power plant site determined by the Planning Board adequate for routine and emergency purposes is provided either directly from a public roadway or established through easement agreement.
(5)
If the proposed solar power plant is located on a parcel within a residential district and there is an existing dwelling on the parcel, the presence of two principal uses shall in this instance be exempt from the limitation of no more than one principal use on a parcel within a residential district otherwise set forth within § 125-19, Application of zoning district regulations, Subsection F, of this chapter.
(6)
If the solar power plant is established as a co-principal use on the roof of an agricultural, commercial or institutional structure, the lot on which the solar power plant is sited shall meet either the minimum lot area requirements as set forth for the zoning district within Article IV, § 125-21, District Schedule of Area and Bulk Regulations for the other principal use, or be a minimum of 10 acres, whichever acreage shall be greater.
(7)
The location of the solar power plant shall not encroach on any ecologically
sensitive land or water resource nor remove prime agricultural land
(Class I through IV agricultural soils) from potential agricultural
production.
(8)
The installation of the solar power plant shall cause neither the
cutting, within or at the periphery of a forested or woodland area,
of more than 50% of trees of six inches or more in diameter at breast
height over any contiguous land area of one-fourth acre nor overall
site disturbance caused by grading, tree removal or other work on
the solar plant site and its access exceeding a total of one acre.
(9)
Fencing.
(a)
Solar power plants including ground-mounted installations shall be enclosed by perimeter fencing, with locking access gate, a minimum of six feet and a maximum of eight feet in height and set back at a sufficient distance from all components of the solar installation to restrict unauthorized access or other safety hazard. Any fencing exceeding six feet in height shall, in accordance with § 125-38, Subsection A, of this chapter be subject to the requirement for issuance of an additional special use permit by the Planning Board.
(b)
The type, material and color of perimeter fencing shall be subject
to approval by the Planning Board and shall neither envelope a land
area in excess of 2.5 acres nor extend beyond the boundaries of the
leased parcel. The perimeter fencing shall also be set back a minimum
of 100 feet from the front property line and 50 feet from any other
property line or such greater minimum distances as may be required
for a principal building in the zoning district in which the proposed
solar plant is located. In the case of a solar power plant located
on a parcel with frontage on a scenic road or within a scenic district,
a greater minimum front setback of 200 feet shall be provided.
(10)
Agricultural uses, including the raising of organic crops and
small animals such as sheep, rabbits and chickens, may be carried
out within the fenced perimeter of a solar power plant installation.
(11)
The ground within the fenced perimeter of a solar power plant
installation shall not be tamped, compressed, or otherwise specially
conditioned with herbicides, pesticides or similar other treatments
to inhibit the growth of natural vegetation.
(12)
Manufacturer and/or installer's identification and appropriate
warning signage and emergency contact information shall be posted
at the site and clearly visible.
(13)
Solar power plant buildings and accessory structures shall,
to the maximum extent practicable, use materials, colors and textures
that will blend the facility into the existing environment.
(14)
Obscuring and screening of ground-mounted and rooftop solar
power plants.
[Amended 1-2-2020 by L.L.
No. 1-2020]
(a)
Appropriate landscaping and/or site design features, including both
the maintenance of existing natural vegetation and the introduction
of new plantings consisting of a naturally appearing blend of deciduous
and coniferous species, shall be required to screen ground-mounted
solar power plants and all accessory structures from scenic roadways,
parklands, historic properties and neighboring residences.
(b)
No obscuring or screening shall be required of rooftop solar installations,
except in the following circumstances where the Planning Board shall
be required to review installations and may require reasonable obscuring
of the solar installation:
[1]
Solar installations on flat roofs that extend beyond the top of the
surrounding parapet, or that are more than 24 inches above the flat
surface of a roof, whichever is higher;
[2]
Solar installations that do not substantially conform to the plane
of the roof or that extend beyond the edge(s) of a roof;
[3]
An installation on a building that is on the National Register of
Historic Places, the New York State Register of Historic Places, and/or
the Rhinebeck Inventory of Historic Sites, in any such case where
the proposed installation would substantially impair public enjoyment
of a view that is a contributing element to the historic importance
of the building.
(15)
The maximum height of the top edge of any solar panel shall
be 12 feet above ground level when the panel is oriented at a maximum
vertical tilt.
(16)
Solar power plant panels and equipment shall be surfaced, designed
and sited so as not to reflect glare onto adjacent private properties
and public roadways.
(17)
There shall be no outdoor lighting associated with the solar
power plant except as considered desirable for activation in the case
of an emergency and approved by the Planning Board.
(18)
Any on-site power lines shall, to the maximum extent practicable,
be underground installations.
(19)
Decommissioning plan.
(a)
All applications for solar power plants including ground-mounted
installations shall be accompanied by a decommissioning plan to be
implemented upon abandonment, or cessation of activity, or in conjunction
with the removal of the facility, which shall be reviewed and approved
by the Planning Board and its consultants.
(b)
The following requirements shall be met for decommissioning:
[1]
Solar power plants or solar farms including ground-mounted installations
which have not been in active and continuous service for a period
of one year shall be removed at the owners' or operators' expense
within six months of the date of expiration of the one-year period.
[2]
All aboveground and belowground equipment, structures, fencing
and foundations shall be removed from the site to a depth of at least
three feet below grade.
[3]
The site shall be restored to as natural a condition as possible
within six months of the removal of all equipment, structures and
foundations. Such restoration shall include, where appropriate, restoration
of the surface grade and soil after removal of all equipment and revegetation
of restored soil areas with native seed mixes.
[4]
The Planning Board shall, as a condition of approval, require the posting of a removal bond in an amount adequate to provide for the removal of the solar power plant or solar farm's structures and equipment and for restoration of the site. In lieu of a removal bond, the Town Board, in its discretion, may permit the owner and/or operator to enter into a decommissioning agreement with the Town which provides, in relevant part, that if the decommissioning of the site is not completed within six months of the time period specified in Subsection I(19)(b)[1] above, and/or the restoration is not completed within the time period specified in Subsection I(19)(b)[3] above, the Town may, at its own expense, enter the property and remove or provide for the removal of the structures and equipment and/or the restoration of the site, as the case may be, in accordance with the decommissioning plan. Such agreement shall provide, in relevant part, that the Town may recover all expenses incurred for such activities from the defaulting property owner and/or operator. The cost incurred by the Town shall be assessed against the property and shall become a lien and tax upon said property and shall be added to and assessed as part of the taxes to be levied and assessed thereon and enforced and collected with interest in the same manner as other taxes. If such decommissioning agreement is made, it shall be recorded by the landowner with the land records of Dutchess County and shall be an agreement which binds subsequent owners of the site. A copy showing the stamp of the recorder of deeds shall be given by the landowner to the Town Clerk. This provision shall not preclude the Town from collecting such costs and expenses by any other manner by action in law or in equity. In the event of any such legal proceedings, the owner and/or operator, as the case may be, shall be liable for all legal expenses, costs and disbursements in connection with said litigation, as awarded by a court of competent jurisdiction.
[5]
The provisions specified in Subsection I(19)(b)[4] above shall not be interpreted to limit in any manner the authority of the Town and its Code Enforcement Officer and Zoning Enforcement Officer as set forth in Article X, § 125-119, Enforcement; penalties for offenses, of this chapter.
(20)
Any special use permit issued for a solar power plant shall
be subject to renewal by the Planning Board three years from its initial
issuance and at subsequent intervals of five years to ensure the installation
is being maintained in a workmanlike manner, with particular emphasis
on the maintenance of landscaping, fencing and/or other screening
required by the Planning Board upon issuance of the special use permit.
[1]
Editor's Note: This local law also repealed former § 125-47,
Solar and wind energy systems.
In all zoning districts, except the mixed-use districts, any
enclosed or unenclosed storage business, commercial or light manufacturing
use permitted by this chapter shall be provided with a fence, screen
and/or landscaping sufficient to obscure visually objectionable aspects
of such use from adjoining properties in residential zoning districts
and/or public rights-of-way. This section shall not apply to agricultural
uses.
A.
Any use which is not conducted within a completely enclosed building,
including but not limited to lumber yards, storage yards, large equipment
rental or sales, small equipment rental or sales, contractors' yards,
and parking lots, and which use abuts, is adjacent to, or located
within a residential zoning district, or fronts a public right-of-way,
shall not be located within the required front yard and shall be obscured
from view from such residential zoning districts and public rights-of-way
in an effective manner, as determined by the Planning Board.
B.
Adequate plans for the installation of required fences, screens and/or landscaping shall be reviewed by the Planning Board in accordance with the provisions of Articles VI and VII of this chapter. The retention and enhancement of existing vegetation, the introduction of substantial new vegetation, and the introduction of earthen berms, only if appropriate, shall be considered the preferred means to satisfy these screening requirements.
C.
Any required fencing, screening and/or landscaping installed in accordance with this chapter shall, as a condition of the certificate of occupancy, be maintained in good order to achieve the objectives stated herein. Failure to maintain fencing shall be considered a chargeable violation of this chapter. Landscaping survivability shall be guaranteed in accordance with Article V, § 125-57.
[Amended 7-25-2016 by L.L. No. 5-2016]
Agriculture and farms, as specifically defined in Article XIII of this chapter, are encouraged in the Town of Rhinebeck, and it is the intent of this chapter not to unreasonably restrict or regulate farm operations in contravention of the purposes of Article 25-AA of the New York State Agriculture and Markets Law, provided such farm operations employ best management practices and sound agricultural practices. Agriculture is generally entitled to a "right-to-farm" and a "right-to-market" and shall be permitted in all zoning districts except the mixed-use and neighborhood residential districts (i.e., Rc-H, Rc-B, Rc-HT, NR, and VG) and the NI-O District. The following guidelines and standards apply to agriculture and/or to parcels within 500 feet of an agricultural operation for which a subdivision, site plan, special use permit, zoning variance or zoning amendment approval is required from the Town of Rhinebeck. Guidelines are recommended practices and are preceded by "should," while standards are required and are preceded by "shall":
A.
Building setbacks. Buildings or structures for permitted fowl or
livestock should be located not less than 100 feet from any lot line,
except in the HP20 and RA10 Districts or where the farm operation
precedes the residential use, within 200 feet of the nearest neighboring
residential structure. No fenced area for such fowl or livestock less
than one acre in size, except in the HP20 and RA10 Districts, should
be closer than 100 feet to an existing neighboring residential structure.
B.
Manure storage. The storage of manure or odor-producing substances
should be located not less than 150 feet from any lot line, stream
or other water body and shall not be less than 200 feet from the nearest
neighboring residential structure or well providing a source of potable
water.
C.
Livestock accessory to a residence. Keeping of livestock accessory
to a residence shall require three acres for the first large livestock
animal such as horses, cattle, or bison and one acre for each additional
large livestock animal. Keeping of livestock accessory to a residence
shall require three acres for the first two medium livestock animals
such as goats, sheep, ponies, or llamas and one acre for each two
additional medium livestock animals.
D.
Buffers to agriculture required. The policy of the Town of Rhinebeck
is to encourage agriculture, so wherever agricultural uses and proposed
nonagricultural uses adjoin, the applicant for the nonagricultural
use shall provide buffers to reduce the exposure of these abutting
uses to odors, noise, and other potential nuisances associated with
the agricultural operation. Said buffer strips may consist of vegetative
screening, woodlands, vegetated berms, or natural topographic features
and, when required, shall be no less than 100 feet in width and may
be required up to a width of 300 feet, depending upon the type of
adjoining agriculture or farm use, the topography and the proposed
design and planting of such buffer. It shall be the responsibility
of the applicant, subject to approval by the Planning Board, to provide
an effective buffer that will reasonably protect adjacent residential
living areas from agricultural practices and to protect the agricultural
use from nuisance complaints and nuisance lawsuits, from their non-farm
neighbors, as a result of normal farm operations.
E.
New development requires deeded declarations. All deeds of new residential
units within 500 feet of a farm operation shall contain references
to notes that shall be placed on the subdivision plat and/or site
plans relative to the benefits of agriculture to the Town of Rhinebeck
as well as to the potential hazards and nuisances associated with
agriculture (such as noise, odors, hazardous chemical use, etc.) to
which residents of the dwelling unit(s) willingly subject themselves.
F.
Agricultural data statement required. An agricultural data statement
shall be required for any application for a subdivision, special permit,
site plan, area or use variance, or zoning amendment approval by the
Town Board, Planning Board, or Zoning Board of Appeals that would
occur on property within an agricultural district containing a farm
operation, or on property with boundaries within 500 feet of a farm
operation located in an agricultural district. The reviewing board
shall evaluate and consider the agricultural data statement and any
comments thereon by owners or operators of farm operations potentially
affected by such application in its review of the possible impacts
of the proposed project upon the functioning of farm operations within
the agricultural district.
G.
Exemptions for agricultural operations. Within a New York State Agricultural
District, as defined in Article 25-AA of the New York State Agriculture
and Markets Law, the following exemptions from provisions of this
chapter shall apply to land and buildings on farm operations:
(1)
There shall be no height limits on agricultural structures, including
but not limited to barns, silos, grain bins, and fences, as well as
equipment related to such structures, as long as they are being used
in a manner that is part of the farm operation.
(2)
There shall be no lot line setback restrictions on agricultural structures,
except setbacks from lots that are either not within the agricultural
district or lots that have existing residential uses. This setback
requirement shall not apply to preexisting nonconforming structures.
(3)
Agricultural farm management structures and practices are classified
as Type 2 actions under SEQRA and shall not require site plan approval,
except that farm buildings and structures with a footprint greater
than 15,000 square feet or which exceed 80 feet in height shall require
expedited site plan approval from the Planning Board in accordance
with the following agricultural site plan review process:
(a)
The applicant shall submit a sketch of the parcel on a location
map (such as a copy of a survey or a tax map) showing the boundaries
and dimensions of the parcel of land involved and identifying contiguous
properties and any known easements or rights-of-way and roadways.
On this map, show the existing features of the site, including land
and water areas, water and/or sewer systems and the approximate location
of all existing structures on or immediately adjacent to the site.
(b)
The sketch should show the proposed location and arrangement
of buildings and uses on the site, including access and egress, parking
and circulation.
(c)
The sketch should show any proposed buildings or structures,
including the exterior dimensions and elevations of the front, side
and rear views. Include copies of any available plans or drawings
prepared by a professional.
(d)
Provide a description of the project and a narrative of the
intended use of the proposed building(s), including any proposed changes
in the existing topography and natural features of the parcel to accommodate
the proposed changes. Include the name and address of the applicant
and any professional advisors. If the applicant is not the owner of
the property, provide authorization of the owner.
(f)
The site plan application shall be referred to the Dutchess County Department of Planning and Development in accordance with Article VII, § 125-77E, if applicable, prior to site plan approval. The Planning Board may conduct a public hearing on the proposed site plan, depending upon the nature of the application and the degree of public interest. Action by the Planning Board shall follow the procedures enumerated in Article VII, § 125-78, of this chapter.
(4)
Soil removal and/or soil displacement, which does not require a mined
land reclamation permit from the New York State Department of Environmental
Conservation, shall be considered accessory to a farm operation, subject
to issuance of a zoning permit from the Zoning Enforcement Officer,
provided the soil removal/displacement is wholly contained on the
land associated with the farming operation. If soil removal/displacement
involves off-farm lands, then a special use permit shall be obtained
from the Planning Board.
The keeping of farm animals on non-farm parcels of at least
three acres in area and up to seven acres in area shall be permitted
in accordance with the following limitations:
A.
The keeping of not more than one adult or fully grown horse, cow,
hog, beef cattle, sheep, goat or other four-legged domestic-type farm
animal or combinations thereof per three acres of land for the first
animal one acre for each additional animal shall be permitted.
B.
In addition, the keeping of not more than a total of any combination
of eight adult or fully grown chickens, ducks, geese or other fowl
or birds of any type per three acres of land shall be permitted.
Roadside stands, as defined in Article XIII of this chapter, shall be permitted in the HP20, RA10, RC5, RL5 and RM1 Districts as an accessory use, provided:
A.
Such stand shall not exceed 200 square feet in gross floor area.
B.
Such stand shall be located not less than 20 feet from the edge of
pavement, and there shall be a suitable area provided where vehicles
can safely park while visiting the roadside stand.
C.
Such stand shall be solely for seasonal display and sale of agricultural
products grown principally on the premises or, in limited quantity,
elsewhere by the operator of the roadside stand.
D.
Signage shall be limited to a single sign, not greater than three
square feet in sign area per side and located not less than 15 feet
from the edge of pavement.
B.
Through the application of the special use permit procedure, the
Town seeks to make needed alternate care facilities available and
conveniently accessible for those persons who are unable to live and
work independently at a particular time without unduly disrupting
the economic or social balance of the community or unduly impacting
its infrastructure and ability to provide services.
Not more than one commercial or recreational vehicle in excess
of 20 feet in length and more than a total of two camping or other
trailers or boats may be stored outdoors on a lot in a residential
district. All such outdoor storage shall occur as inconspicuously
as practicable on the lot and may not occur within the minimum required
front yard. No such commercial vehicle shall be stored within 100
feet of an adjoining residential lot line, nor shall a camping trailer
or boat be stored within 25 feet of an adjoining residential lot line
unless a dense natural vegetative screen is planted and maintained,
in which case the above-stated minimum distances may be reduced to
50 feet and 15 feet, respectively.
[Amended 7-25-2016 by L.L. No. 5-2016]
A.
Special use permit required. Development, as defined in Article XIII of this chapter, within the WR-O District requires issuance of a special use permit and site plan approval in accordance with Articles VI and VII unless specifically exempted herein. For any application for approval of a subdivision plat, pursuant to the Land Subdivision Regulations of the Town of Rhinebeck,[1] the Planning Board shall, to the maximum extent practicable,
ensure that heretofore undeveloped lands and designated buffer zones
delineated within the WR-O District be maintained as perpetual open
space so as to protect both surface water and groundwater resources
from degradation by directing allowable new development onto other
lands, if any, held by the applicant outside the WR-O District. In
addition to the requirements of this section, the Town of Rhinebeck
also regulates wetlands under the Town's Freshwater Wetlands Law.[2] Applicants are advised to consult the Town Freshwater
Wetlands Law to determine whether such regulations apply to water
resources on their property.
B.
Water Resources Protection District Map.
(1)
The WR-O District encompasses those areas subject to the more specific
regulations set forth below based upon the presence of the captioned
environmental resource. The WR-O District is shown on the Town of
Rhinebeck Water Resources Protection Overlay Map. The WR-O District
consists of floodplains, stream corridors, lakes and ponds, freshwater
wetlands and aquifers and aquifer recharge areas. The WR-O District
Map illustrates the approximate delineation of the boundaries of water
resources based upon aerial photography and/or federal, state and
county mapping. The Town of Rhinebeck's Significant Habitat Report
(prepared by Hudsonia Ltd., dated July 2007) mapped ecologically significant
habitats in the Town, which included water resources consisting of
wetland habitats and Hudson River habitats. Such mapping shall also
be consulted in determining the boundaries of water resources. There
is a margin of error inherent in such mapping. Thus, a detailed on-the-ground
and historical analysis of a single site may result in the revision
of the boundaries depicted on the Water Resources Protection Overlay
Map. Since the location of water resources across the land change
over time, due to the hydrologic process, some adjustments in their
boundaries are required from time to time.
(2)
A landowner who disagrees with the inclusion of land in the WR-O
District can present expert and credible evidence to the Town Board
by a qualified professional based upon on-site investigation and mapping.
Where such evidence shows, to the Town Board's satisfaction, that
water resources on the property are not part of such floodplains,
stream corridors, lakes and ponds, freshwater wetlands and aquifers
and aquifer recharge areas, the regulations of this section shall
not apply, provided an adjustment of the boundaries of the district
shall be made on the official Town Zoning Map. The Town Board is responsible
for verification of such evidence provided by a qualified professional
and may rely upon the expert opinions of qualified professional consultants
and/or field personnel of the New York State Department of Environmental
Conservation, United States Army Corps of Engineers or other applicable
agency.
C.
Stream corridors. The protection of stream corridors is essential
to the maintenance of water quality. It is, therefore, deemed necessary
for the Town of Rhinebeck to create an adequate buffer to protect
those stream corridors from development encroachment, erosion and
water quality degradation caused by either surface or subsurface runoff.
As shown on the Water Resources Protection Overlay (WR-O) Map, the
regulated stream corridor shall consist of all lands lying within
100 feet of the normal streambank of the Landsman Kill, the Rhinebeck
Kill, the Mudderkill, the Fallsburg, the Crum Elbow Creek and any
other perennial or intermittent watercourse or tributary to these
named streams, within 1,000 feet of the Hudson River, and within 100
feet of the normal streambank of any other perennial or intermittent
watercourse or tributary to the Hudson River. Where these streams
are split into two or more channels by islands, the overall regulated
area shall include such islands, and the boundaries of the regulated
stream corridor shall be measured from the mean high water mark of
the outer channels. Intermittent streams are ephemeral waterways that
serve as conduits for surface water part of the time, usually after
rainstorms, during wet weather, or during particularly wet and rainy
times of the year. While the WR-O District Map has attempted to map
all intermittent streams in the Town, field identification may be
necessary during the review of applications subject to Planning Board
approval.
(1)
The regulated stream corridor designation strictly limits activities
within the designated area. There shall be no construction, filling,
excavation, clearing of mature trees six inches in diameter at breast
height or greater, grading or other alteration of the natural landscape
or application of fertilizers, pesticides or herbicides without the
prior issuance of a special use permit by the Planning Board.
(2)
The application for such special use permit shall be made in accordance with the requirements of Article V, § 125-40, and Article VI of this chapter. The Planning Board shall consult with the Town Conservation Advisory Board (CAB), Waterfront Advisory Committee (WAC) and other persons and agencies in review of the application and may issue the special use permit upon a specific finding that the following criteria are met:
(a)
Prohibition of the proposed use or activity, while desirable
in terms of environmental objectives, would be unreasonable as applied
to the particular parcel.
(b)
The Planning Board has been able to define appropriate conditions
for attachment to the special use permit to reasonably ensure that
the proposed use or activity will not result in erosion or stream
pollution from surface or subsurface runoff.
(c)
A twenty-five-foot-wide natural buffer shall be maintained from
the normal streambank for all activities except for those dependent
upon the recreational use of the stream course or its employ as a
source of water for emergency purposes.
(d)
The impact of the proposed activity and reasonably anticipated
similar activities within the WR-O District have been determined to
have no negative impact upon neighboring properties with regards to
existing flood flows, flood storage, storm barriers and water quality.
D.
Aquifers. It is in the overall public interest to preserve the quality
and quantity of the Town's groundwater resources to ensure a safe
and adequate water supply for present and future generations. Accordingly,
the Town of Rhinebeck seeks to protect groundwater resources currently
in use and those aquifers having potential for future use as public
water supply through delineation of the aquifer protection area on
the Water Resources Protection Overlay Map and the imposition of the
regulations set forth herein.
(1)
Within the aquifer protection area, the following uses and activities
shall be specifically deemed to be prohibited uses and activities
except as may be clearly incidental and accessory to a permitted agricultural,
forestry or residential land use:
(a)
The disposal, storage or treatment of toxic, hazardous and solid
waste material or radioactive materials as defined by the United States
Environmental Protection Agency or the New York Department of Environmental
Conservation. This subsection is not to be construed as prohibiting
the maintenance of a composting pile accessory to a residence or other
use.
(b)
Outside storage of any materials which, in the opinion of the
Code Enforcement Officer, could contaminate groundwater resources.
(c)
Gasoline stations.
(d)
Cemeteries.
(e)
The cooking, distillation, processing and incineration of animal
or vegetable products, including but not limited to a brewery, distillery,
slaughterhouse, fat renderings, soap manufacture, tannery, paper manufacture,
wool-scouring and cleaning, cotton textile sizing, scouring, bleaching,
dyeing and similar operations.
(f)
The production of corrosive and noxious chemicals, including
but not limited to acids, acetylene gas, ammonia, chlorine and bleaching
compounds.
(g)
The production, processing and outdoor storage of coal, coal
tar, petroleum and asphalt products, including but not limited to
coke manufacture, illuminating gas production, petroleum refining,
bulk gasoline and petroleum products storage, asphalt products, linoleum
manufacture, oilcloth manufacture and roofing material manufacture.
(h)
Settling or collection areas for storm runoff water that is likely to have been contaminated with any of the materials or substances cited in above Subsection D(1)(a) through (g). The installation or use of stormwater runoff infiltration basins is prohibited unless surface water quality flowing into the infiltration basin is of sufficient quality that groundwater shall be protected.
(i)
The stockpiling or dumping of snow which has been transported
to the restricted area is prohibited.
(j)
Manure piles shall not be permitted unless provision has been
made to prevent seepage into groundwater. Suitable storage facilities
shall be required when it is not possible to spread or dispense of
wastes on a daily basis.
(k)
Use of wastewater lagoons and pits for temporary storage of
wastewater is prohibited. All storage facilities shall be watertight,
located above ground, and under permit by the New York Department
of Environmental Conservation.
(l)
All bulk storage of fertilizers for agricultural or commercial
use must be within a building or structure which will prevent any
seepage or runoff.
(m)
Pesticide and herbicide use. No pesticides or herbicides shall be stored or applied except in compliance with this section. All storage of pesticides and herbicides within the WR-O District shall be within a building. Application of pesticides and herbicides within aquifer recharge areas or probable high-yield bedrock wells, as identified on the Water Resources Protection Overlay Map, shall be subject to issuance of a special use permit as required by Article VI of this chapter with the exception of commercial agricultural uses, which are exempted from this requirement. All such use, storage, or application shall be in accordance with the requirements of the New York State Environmental Conservation Law and its implementing regulations.
(n)
Special risks are involved with underground storage tanks. These
tanks are dangerous because, if they leak, potential contaminants
are closer to the underlying groundwater. Underground storage tanks
(particularly if they are single-wall steel) may be susceptible to
corrosion, and leaks from such tanks and their fittings and pipes
may go unnoticed for long periods because any leaks cannot be seen.
Therefore, the installation, construction, placement, or replacement
of new or existing underground storage tanks or containers of 1,100
gallons or less for petroleum products, including their pipelines,
or underground storage tanks, pipelines, or containers for any other
toxic chemical is prohibited in connection with all uses, including
home fuel storage tanks for residential purposes. All aboveground
storage tanks of 1,100 gallons or less for petroleum products, pipelines,
and transfer areas shall, to the maximum extent possible, be designed
to minimize the risk of groundwater contamination by incorporating
backup containment structures, impervious surfaces, catchment areas,
and other features. The Town reserves the right to prohibit installation
or expansion of aboveground storage tanks of 1,100 gallons or less
for petroleum products or installation or expansion of aboveground
storage tanks, pipelines, or containers for any other toxic chemical,
where consistent with the purpose and standards of this section. This
subsection is intended to be consistent with the requirements of the
New York State Petroleum Bulk Storage Code found in 6 NYCRR 612, 613,
and 614, which regulates storage tanks holding 1,100 gallons or more.
(o)
The storage of salt is prohibited except in a completely enclosed
building or structure, which will prevent any seepage or runoff containing
such materials.
(p)
All water supply wells shall be constructed in accordance with
the requirements of the Dutchess County Department of Health.
(q)
Any well that is abandoned, meaning that its use has been permanently
discontinued, or which is in a state of disrepair such that it cannot
be used for its intended purpose or for observation purposes, shall
be sealed in accordance with the requirements of the Dutchess County
Department of Health.
(r)
Closed-loop geothermal wells shall use either noncontaminated
water or a biodegradable fluid (such as food-grade propylene glycol)
as a heat transfer medium. Open-loop geothermal wells shall be in
compliance with the New York State DEC's requirements governing injection
wells and/or the United States EPA's Class V well injection program
requirements found in 40 CFR Part 146, Underground Injection Control
Program: Criteria and Standards.
(2)
All other uses and activities that are permitted in the applicable
underlying zoning district shall be permitted in the aquifer protection
area, provided that a special use permit is issued by the Planning
Board and the additional requirements set forth below are met:
(a)
Any proposal to install an underground storage tank for any
commodity shall be granted only in the event that aboveground installation
is shown to be unreasonable, not feasible due to circumstances unique
to the site, and the applicant obtains a permit from the Town Code
Enforcement Officer, in addition to any other permit or compliance
that may be applicable under New York State DEC or National Fire Protection
Association requirements.
(b)
All underground tanks shall be double-hulled steel or fiberglass
encased in a concrete vault that includes access for periodic visual
inspection.
(c)
Any application to, the issuance of a special use permit or
approval of a site plan for any multifamily residential, institutional,
or commercial use within the aquifer protection area shall be accompanied
by a detailed written statement fully describing the proposed use
and operation and including certification by the project sponsor that
none of the prohibited uses or activities set forth above will occur
on the multifamily residential, institutional, or commercial premises.
(d)
The design and installation of on-site sewage disposal systems
for multifamily residential, institutional, or commercial use within
the aquifer protection area must be certified by a licensed engineer
that such disposal systems will not discharge sewage effluent or other
pollutants entering the disposal system into the aquifer.
(3)
Each application submitted to the Town for the establishment of a
use or the development of land and/or buildings and structures within
the aquifer protection area shall include identification of any necessary
federal, state or county permits, copies of all such permit applications
and copies of all related correspondence between the applicant and
the permitting agency or agencies.
E.
Floodplains. Development with floodplain areas, as shown on the Water Resources Protection Overlay Map, shall be subject to the requirements of Article V, § 125-41, Article VI, § 125-68AAA, and Appendix B of this chapter,[3] and the Town of Rhinebeck Flood Damage Prevention Local
Law (Local Law No. 1 of 1987).[4]
A.
Intent. The Town of Rhinebeck finds that the natural and open character of the community's aesthetic resources are critical features whose conservation enriches and benefits both residents and visitors. Aesthetic resources include the Hudson River National Historic Landmark District, the Mid-Hudson Historic Shorelands Scenic District, Estates District Scenic Area of Statewide Significance, structures or sites listed on the State or National Registers of Historic Places, sites bordering designated state, county or Town scenic roads, "special features" identified in the Town's Comprehensive Plan, lands within the Waterfront Revitalization Area, and any other significant feature of community importance identified in a Town planning document or as documented in the Town's Comprehensive Plan. The Town, therefore, finds that protection of scenic character is important to maintaining rural character, a sense of place, and scenic landscapes, all of which contribute to the Town's quality of life and its attractiveness for residential and commercial development, as well as for tourism. The Town further finds that development that conforms to the Town Design Standards, referenced in Article VII, § 125-72, (see Appendix A also)[1]is appropriate, if such development is carefully planned
to maintain, conserve, and enhance the scenic features of the area
and the landscape views from public roads and waterways. Aesthetic
resource conservation will also have the effect of protecting Rhinebeck's
significant wildlife habitats, biodiversity, watersheds, water quality,
air quality and other environmentally fragile areas as well as preserving
open space and maintaining visual character.
[Amended 7-25-2016 by L.L. No. 5-2016]
[1]
Editor's Note: Appendix A is on file in the Town offices.
B.
Purpose. The purpose of the this section (Preservation of natural
and cultural features; design standards) is to establish clear guidelines
for future development and protection of the Town's ridgelines, hilltops
and aesthetic resources, which comprise some of the most scenic and
environmentally sensitive areas of the Town.
C.
Applicability.
(1)
Land subdivision, special use permit, and site plan approval. The
provisions of this section shall apply to all applications for land
use development, including subdivisions, special use permits, site
plan approval, zoning variances, and zoning amendments. Except as
provided herein, no land shall be developed and no building or structure
erected, expanded, or developed unless the board granting such approval
finds that the development proposed will be consistent with the design
standards herein. Such board shall impose reasonable conditions which
it deems necessary in order to make such a finding.
(2)
(3)
Approval conditions. Any condition of approval necessary to meet
these regulations shall be clearly noted on the final plat or site
plan filed with the Dutchess County Clerk and/or the Town Clerk. All
deeds of property subject to the design standards shall contain references
to the requirements of this section and shall be placed on the subdivision
plat, site plan or other approval document as a condition of approval.
D.
Preservation of scenic features. In any application subject to this
section, features that provide scenic importance should be preserved
to the greatest extent possible. These features include but are not
limited to individual healthy trees within open fields that are at
least six inches in diameter at breast height (dbh), historic structures,
hedgerows, public or private unpaved country roads, and stone walls.
E.
Design standards. All development identified in Subsection C(1) shall comply with the design standards and principles provided herein in addition to the design standards identified in Article VII, § 125-72 (see Appendix A[4]). The intent of the design standards is to provide prospective
applicants for land development with the types of development that
the Town wishes to achieve. The requirements are also intended to
ensure that future development creates no more than a minimal impact
on the rural and scenic character as well as the visual and environmental
sensitivity of the site and its affected surroundings, makes open
space planning a central focus of future development, requires that
new development follow traditional settlement patterns, and provides
general siting principles to help landowners and the respective boards
plan projects that fit into the scenic and rural countryside found
in the Town.
(1)
Placement of structures. To ensure the placement of structures outside of any exposed ridgeline area on proposed building lots, building sites, including areas of cleared vegetation, shall be clearly designated on the applicable subdivision plat and/or site plan. Constructed structures shall not differ more than 20 feet in any direction from building site locations, shown on approved subdivision and/or site plans, at the time of building permit application. Wherever practical, structures shall be sited at the lowest elevation to be as visually inconspicuous as possible when seen from a distance and from lower elevations. Development should not occur along and/or project above ridgelines and hilltops when viewed from the locations identified in Subsection E(2)(a) below.
(2)
Mitigation of impacts. All principal and accessory structures shall
comply with the following measures, designed to mitigate the impact
of the structure, including clearing of vegetation and regrading,
unless explicitly exempted elsewhere in this section.
(a)
Visibility. All structures should be sited to avoid occupying
or obstructing public views of land from any location listed on the
SEQRA visual environmental assessment form addendum (V-EAF) pursuant
to 6 NYCRR 617.20, Appendix B. These locations are frequented by the
public and offer unobstructed views of the Town's ridgelines, hilltops,
scenic landscapes and scenic roads. Visibility shall be measured using
a condition of no leaves on trees.
[Amended 7-25-2016 by L.L. No. 5-2016]
(b)
Colors. Structures should blend in with natural surroundings
through use of stone and/or natural wood siding. The preferred exterior
finish materials on all facades are wood siding, and/or earth-based
materials such as brick, stone, cement-reinforced clapboard siding
and/or stucco. Vinyl, plastic and metal siding are acceptable but
discouraged. Reflective materials and bright colors that contrast
dramatically with the colors of the land and vegetation around them
should not be used as predominate colors on any wall or roof surface.
(c)
Vegetation. Existing vegetation should be preserved to the maximum
extent practical. Every attempt shall be made to limit cutting necessary
for either construction or the opening of views from the subject site
so as to maintain native vegetation as a screen for structures, as
seen from public roads or parks or other public views. Clearing of
existing vegetation at the edge of the road shall be minimized, except
to open landscape views and as necessary to create road and driveway
entrances with adequate sight distance. Curved driveways shall be
used if feasible to increase the screening of buildings. Buildings
shall be sited so that they do not protrude above treetops, ridgelines
and hilltops as seen from public places and roads. This shall not
be interpreted to mean that the buildings should not be seen, only
that they should not protrude above the trees, ridgelines or hilltops.
(d)
Forest management. This section is not intended to limit forest
management when practiced in accordance with environmentally sound
and sustainable silvicultural principles. Forest management constitutes
a beneficial and desirable use of the Town's forest resources and
makes vital contributions to the economy, environment and aesthetic
features of Rhinebeck. The tradition of using Rhinebeck's forest resources
for the production of forest products and related commercial activities,
for recreation, and for sustenance of the Town's wildlife is essential
to a favorable quality of life.
(e)
Landscaping.
[1]
As a condition of approval, the area around each principal and accessory structure shall include at least one tree of a species with a mature height of at least 60 feet for each 2,500 square feet of lot or parcel area; provided, however, that this requirement shall not require any single-family residential lot to contain more than eight trees unless growing naturally on the site. Trees installed to meet the requirements of this subsection shall be a minimum of three inches in diameter at breast height if deciduous, eight feet tall if coniferous, when planted, and shall be planted before a certificate of occupancy is issued for the principal structure, or if that is not possible due to planting season or weather conditions, then within one month of the planting season for the species. Landscaping survivability shall be assured for a period of three years from the date of planting as specified in Article V, § 125-57.
[2]
Existing trees that meet the height requirements are counted
towards satisfaction of the tree requirements, regardless of whether
they are coniferous or deciduous. Concurrently with the review and
approval process, the applicant submitting such plan may request approval
of a landscape plan in which the vegetation requirements for certain
lots or tracts may be increased, decreased or deleted, to reflect
the degree of visibility of structures located in various portions
of the subdivision or site. Additionally, such applicant may request
alternative placement of landscaping on certain lots and tracts if
such placement provides adequate mitigation of the visual impact of
the roofline of the principal structure. Landscaping required by this
section shall be credited against the landscaping requirements imposed
by any other section of the Zoning Law.
(f)
Tree cutting. All timber harvesting shall comply with the most
recent versions of Timber Harvesting Guidelines for New York and best
management practices, as promulgated by the New York State Department
of Environmental Conservation (DEC) and available from the Town's
Building Department. There may be situations where strict adherence
to certain provisions of the Timber Harvesting Guidelines for New
York and best management practices are impossible or impractical to
attain. Alternate measures exist that can be substituted for such
guidelines in appropriate circumstances. In such cases, the Planning
Board, with the assistance of a consulting professional forester,
may grant a waiver from the strict application of the guidelines where
reasonable and necessary.
[1]
Selective timber harvests, as defined herein, are allowed in
all districts that permit forestry as specified in the District Schedule
of Use Regulations.[5] Selective timber harvests in excess of 1/4 acre are allowed
by permit from the Zoning Enforcement Officer after referral to the
CAB for an advisory opinion.
[Amended 7-25-2016 by L.L. No. 5-2016]
[5]
Editor's Note: The District Schedule of Use Regulations is included as an attachment to this chapter.
[2]
Clear-cutting of all trees in a single contiguous area, as defined herein, shall be prohibited except for major excavation and tree clearing that has been granted a special use permit in accordance with Article VI, § 125-68NN. This Subsection E(2)(f)[2] shall not apply to:
[a]
Christmas tree culture or other existing tree plantation.
[b]
Harvests conducted in accordance with a timber
harvesting plan prepared pursuant to § 480-a of the New
York State Real Property Tax Law or the Forest Stewardship Program
of the New York State Department of Environmental Conservation and
United States Forest Service, or a forest certification program such
as the Sustainable Forestry Initiative (SFI), Forest Stewardship Council
(FSC) and the American Tree Farm Program.
[c]
Tree clearing for farm purposes within Agricultural
District No. 20 established pursuant to the New York State Agriculture
and Markets Law.
[d]
Routine woodland maintenance to remove dead, diseased
or damaged trees, and/or to remove invasive species, not to include
silviculture or commercial timber harvesting.
[Amended 3-12-2018 by L.L. No. 2-2018]
[e]
Ecologically appropriate improvement or creation
of wildlife habitat, with accompanying prescription and justification
from a certified wildlife professional, a New York State Department
of Environmental Conservation forester, a member of the New York Institute
of Consulting Foresters, or a cooperating consultant forester.
(g)
View preservation. A conservation easement, pursuant to § 247 of the New York State General Municipal Law, §§ 49-0301 through 49-0311 of the New York State Environmental Conservation Law, and Article V, § 125-43L, of this chapter is the preferred means to protect or buffer views. Other legal instruments, such as deed restrictions acceptable to the Planning Board and Town Attorney, may be used to protect or buffer views.
(h)
Lighting and other utilities. Exterior lighting shall be controlled
in both height and intensity and shall be in conformance with the
requirements established herein. Under no circumstances shall the
light level at any lot line exceed 0.25 footcandle, measured at ground
level. All electric, telephone, television, and other communication
lines, both main and service connections, servicing new development,
shall be provided by underground wiring within easements of dedicated
public rights-of-way, private roads, or common driveways, installed
in accordance with the prevailing standards and practices of the utility
or other companies providing such services.
(i)
Prevention of soil erosion. No site plan or subdivision plat shall be approved unless it includes soil erosion and sediment control measures, prepared in accordance with the Town of Rhinebeck stormwater management requirements found in Article V, § 125-60, herein. Landowners shall bear full responsibility for the installation, construction, and maintenance of all erosion control measures required as a condition of approval.
[4]
Editor's Note: Appendix A is on file in the Town offices.
F.
Referral. The Town of Rhinebeck contains significant wildlife habitats and areas important for biodiversity, including areas frequented by endangered, threatened, special concern and other species of conservation concern. Reference is made herein to the report entitled "Significant Habitats in the Town of Rhinebeck, Dutchess County, New York" (dated July 2007), the Open Space and Affordable Housing Plan and Habitat Assessment Guidelines as outlined in Article V, § 125-59, herein for guidance in determining significance of habitats and biodiversity. No site plan or subdivision plat shall be approved unless it includes an assessment of significant habitats as identified in such documents. To receive assistance in its SEQRA review of applications, the applicable board may consult with the Town Conservation Advisory Board, the New York State Department of Environmental Conservation, the New York Natural Heritage Program, and/or a private consulting biologist/ecologist for review and recommendation. To receive further assistance, such reviewing board may refer the proposed plans to any such agencies or officials of the Town, county, state, or federal government as the board may deem appropriate.
[Amended 7-25-2016 by L.L. No. 5-2016]
G.
Waivers. The applicable reviewing board may waive some or all of
the regulatory requirements of this section under any of the following
circumstances:
(1)
The building, structure or area is situated so that it does not create
an unmitigated visual impact, when viewed from visually sensitive
areas, including public view locations identified in the visual EAF
addendum, scenic roads, scenic areas and districts or important views
identified in the Town of Rhinebeck Comprehensive Plan.
(2)
The reviewing board finds that the work to be done is of a minor
nature and is consistent with the design standards set forth herein.
(3)
The use involves commercial agricultural operations.
A.
Intent and purpose. The intent and purpose of this section is to
provide standards for outdoor lighting to maintain and protect the
scenic and aesthetic character of the Town, to encourage conservation
of energy and nonrenewable resources while providing safety, utility
and security; to minimize glare; to protect the privacy of residences;
to reduce atmospheric light pollution in the rural Town; to ensure
that development fits into its natural and rural surroundings rather
than being superimposed as a dominant element in the countryside;
to avoid impacts on nearby residential properties; and to enhance
the Town's nighttime ambience and rural and historic character. These
regulations apply in all zoning and lighting districts in the Town
and are designed to be compatible with the Town of Rhinebeck Design
Standards (see Appendix A[1]).
[1]
Editor's Note: Appendix A is on file in the Town offices.
B.
Definitions. There are terms used in this section of the Zoning Law that are applicable principally if not exclusively within this section alone. The terms used in this section or in documents prepared or reviewed under this section of the Zoning Law shall have the meaning as set forth in Article XIII, § 125-139.
C.
Applicability and submission of plans. An application for any work involving outdoor lighting fixtures that requires subdivision, special use permit and/or site plan approval or involving a lighting district established pursuant to Article 12 of the Town Law shall submit, as part of the application, evidence that the proposed work shall comply with the standards of this section. Special regulations govern lighting of signage. Reference is made herein to Article V, § 125-37, Sign regulations, for additional requirements. The submission shall contain the following:
(1)
Plans indicating the location, height, orientation, type of illuminating
device, and wattage of each outdoor lighting fixture.
(2)
Location and use of adjacent properties.
(3)
Nearby properties that may be affected by the proposed lighting plan.
(4)
Description of the illuminating fixtures, lamps, supports, reflectors,
and other devices, including, but not limited to, catalog cut sheets
by manufacturers and drawings (including sections where required),
glare reduction/control devices, on-off cycle control devices, and
mounting devices.
(5)
Photometric data showing an isolux/isofootcandle plot or lux/footcandle
grid that demonstrates intensities and uniformity of light emissions.
(6)
Statement of the proposed hours and days of the week when the luminaires
will be on and when they will be extinguished.
(7)
Additional information that the Planning Board or Code Enforcement
Officer determines is necessary.
D.
Lamp or fixture substitution. Should any outdoor lighting fixture
or the type of light source therein be changed after the approval
has been issued, a change request shall be submitted to the Planning
Board for revised approval. The Planning Board shall review the change
request to assure compliance with this section.
E.
Approved materials and methods of construction or installation/operation.
The provisions of this section are not intended to prevent the use
of any design, material, or methods of installation or operation not
specifically prescribed by this section, provided any such alternate
has been approved by the Planning Board. The Planning Board may approve
such proposed alternative, provided it:
F.
General requirements for all zoning districts.
(1)
General standards. All outdoor lights and illuminated signs shall be designed, located, installed, and directed in such a manner as to prevent objectionable light at and across the property lines, and to prevent direct glare at any location on or off the property. The lighting levels for outdoor lighting shall be as described in Subsection F(15). The Town encourages, and in some cases requires, that the minimum lighting levels be used to attain efficient and effective use of outdoor lighting. The latest recommended levels for outdoor lighting set by the Illuminating Engineering Society of North America (IESNA) shall be observed.
(2)
Nonconforming outdoor lighting. All outdoor lighting fixtures already
installed prior to June 12, 1989, shall be brought into compliance
with the provisions of this section within five years from the effective
date of this chapter. No replacement or installation of new luminaires
shall be permitted unless in conformance with this section. Nonconforming
outdoor lighting that is the subject of subdivision, special use permit
and/or site plan applications, certificates of occupancy, no-violation
letters, or other permit, approval, entitlement, or authorization
from the Town of Rhinebeck shall be subject to all of the terms and
conditions of this section.
(3)
Prohibitions. The following forms of lighting are prohibited:
(a)
Uplighting is prohibited, with the exception of flags, as defined
herein. The Town of Rhinebeck encourages the lowering of flags at
sunset so that nighttime illumination of flags is unnecessary. Externally
lit signs, displays, buildings, structures, streets, parking areas,
recreational areas, landscaping, and other objects lit for aesthetic
or similar purposes shall be lit from the top and shine downward.
(b)
Roof-mounted area lighting.
(c)
Laser lighting for outdoor advertising or entertainment.
(d)
The use of and the operation of searchlights for advertising
purposes.
(e)
The use of mercury vapor lamps, which cast a very bright, unattractive
light.
(f)
Unshielded wallpack-type fixtures.
(g)
Neon roping or trimming.
(4)
Exemptions. The following forms of lighting are exempted from the
requirements of the lighting regulations:
(a)
Temporary circus, fair, carnival, religious, historic, or civic
uses.
(b)
Construction or emergency lighting, provided such lighting is
temporary and is discontinued immediately upon completion of the construction
work or abatement of the emergency necessitating such lighting.
(c)
Temporary holiday lighting for no more than two months per year.
(d)
Lighting that is considered a landscape design element and is
integral to the aesthetic value of the design, as determined by the
Planning Board.
(5)
Shielding. All outdoor fixtures, with the exception of those using
lamps not requiring shielding cited in Table 1 below, shall be fully
shielded using full-cutoff light fixtures and installed in such a
way that no light is emitted above a horizontal plane running through
the lowest part of the fixture. For example, a one-hundred-watt incandescent
bulb has a light output of 1,690 lumens while a twenty-six-watt compact
fluorescent bulb has a light output of 1,800 lumens, both of which
would be exempt from the shielding requirements. The lighting shall
also be shielded to prevent direct glare and/or light trespass, and
shall be, as much as physically practical, contained to the target
area. All light fixtures that are required to be fully shielded shall
be installed and maintained so that the shielding is effective as
described in the definition of a fully shielded fixture in this section.
Floodlighting is discouraged and, if used, must be shielded to prevent
direct glare for drivers and pedestrians; light trespass beyond the
property line; and light above a horizontal plane.
|
Table 1: Shielding Requirements
| ||
|---|---|---|
|
Fixture Lamp Type
|
Shielded
| |
|
High-pressure sodium, low-pressure sodium, fluorescent, and
incandescent of 2,000 lumens or more
|
Fully
| |
|
Any light source of less than 2,000 lumens
|
None
| |
|
Other sources
|
As approved by the Planning Board
| |
(6)
Light trespass. Light trespass from a property shall be designed
not to exceed 0.25 footcandle at the property line. Adjacent to residential
property, no direct light source shall be visible at the property
line at ground level or above. Mitigation to avoid or minimize light
trespass may include landscaping and berming.
(7)
Height. Unless specified elsewhere herein, the maximum allowable
height of a freestanding luminaire shall be 15 feet above the average
finished grade. The maximum allowable height of a building or structure-mounted
luminaire shall be 15 feet.
(8)
Spacing. The space between fixtures should be approximately four
times the height or as determined by the Planning Board.
(9)
Time controls. All nonessential lighting shall be turned off after
business hours, leaving only the necessary lighting for site security,
which shall be reduced to the minimum level necessary. "Nonessential"
can apply to display, aesthetic, parking and sign lighting. Motion-sensor
security lighting may be used to promote safety and reduce the amount
of night lighting in the Town, as determined by the Planning Board.
(10)
Electrical feeds. To improve the aesthetics of the area, electrical
feeds to lighting fixtures and standards shall be run underground,
not overhead.
(11)
Gas stations. Island canopy ceiling fixtures shall be recessed
into the canopy ceiling so that the bottom of the fixture is flush
with the ceiling.
(12)
Recreational facilities, public or private. Lighting for sports fields, tennis courts and similar outdoor recreational facilities may be permitted to exceed the fifteen-foot height maximum. Lighting for parking, walkways and buildings at recreational facilities shall comply with all other requirements of this section. Lighting for sports fields, tennis courts, golf courses, gun clubs and similar outdoor recreational facilities shall only be allowed by special permit, provided that the following special conditions, in addition to the general conditions found in Article VI, are met:
(a)
The proposed pole height is required to illuminate the center
of the field while avoiding direct glare on adjacent properties.
(b)
Surrounding vegetation or topography will substantially screen
views of the lighting standards from adjacent properties.
(c)
The fixtures will be fully shielded to prevent light spillage
on adjacent properties and to prevent sky glow.
(d)
The proposed lighting levels conform to the recommendations
of the Illuminating Engineering Society of North America, Greenway
Connections and/or International Dark Sky Association for playing
fields.
(e)
Adjacent municipalities shall be contacted for their input on
the proposed recreational lighting, when applicable.
(13)
Indoor light sources. Indoor light sources that are visible
in outdoor locations shall be subject to Planning Board approval.
(14)
Streetlights. Streetlights shall be provided in the Village
Gateway Districts and in other locations as determined necessary by
the Planning Board, in accordance with the following standards:
(b)
Streetlighting shall not exceed 12 feet in height.
(c)
Streetlighting shall be provided on one or both sides of all
streets at intervals no greater than 75 feet on center and at intersections.
(d)
Lighting posts and fixtures for streetlights shall be of consistent
architectural style.
(e)
Streetlighting shall be located between the street curb or pavement
and the sidewalk.
(f)
Existing streetlighting, including municipal lighting, shall
be brought into conformance with the provisions of this section when
fixture or light source replacements are made or when funding becomes
available to undertake a comprehensive lighting replacement program.
(15)
Illuminance and uniformity. Parking lots shall have an average
lighting level at or below one footcandle. High-security areas shall
have lighting levels of no more than five footcandles, and two footcandles
to five footcandles is the recommended range. Lighting levels greater
than five footcandles is generally a waste of energy and a source
of glare and atmospheric light pollution. Design should establish
a hierarchy of lighting to assure a smooth transition from bright
areas to those with subdued lighting. Light levels shall be maintained
at design levels with lamp or luminaire replacement as needed. Unless
accessory to a bank, all ATM banking machines shall be installed indoors
so that the New York State ATM Safety Act design requirements shall
not be applicable. The Planning Board remains responsible for ensuring
that outdoor ATM banking machines accessory to a bank do not cause
glare or other unwanted light spillage affecting residential areas
and uses.
(16)
Recommended outdoor lighting types. Table 2 presents recommended
outdoor lighting types. For better color quality, system designs that
use a few incandescent, LED or fluorescent fixtures with sodium fixtures
is recommended in pedestrian and commercial areas.
|
Table 2
| ||||
|---|---|---|---|---|
|
Lighting Type
|
Color
|
Recommended Uses
|
Comments
| |
|
Incandescent
|
Full spectrum, white light
|
Infrequently used lighting, occupant sensor-activated lighting
|
Most common but most energy inefficient of common lamp types
| |
|
Fluorescent
|
Clear white light
|
Residential lighting, walkways, building entrances
|
Excellent color rendition, energy efficient, and inexpensive
| |
|
High-pressure sodium
|
Yellowish cast
|
Sports fields, parking, roadways
|
Recommended only where light distribution is valued more than
appearance; can negatively affect vegetation
| |
|
Low-pressure sodium
|
Monochromatic
|
Roadways, walkways, parking, security lighting
|
One of the most energy efficient but recommended only where
color rendering is not important
| |
|
Light-emitting diodes (LED)
|
Variable, especially when digitally controlled
|
Area, architectural, walkway, landscaping and flood lighting
|
The emerging technology for LED lighting is eventually expected
to eclipse traditional lighting due to long life, broad application
and highest energy efficiency
| |
(17)
Enforcement and inspections. The Town of Rhinebeck Code Enforcement
Officer is responsible for conducting post-installation nighttime
inspection to verify compliance with the provisions of this section
and, if appropriate, to require remedial action.
(18)
Maintenance. Lighting fixtures shall be maintained so that they
always meet the requirements of this section.
(19)
Nonconforming outdoor lighting. No replacement or installation
of new lighting fixtures shall be permitted unless in conformance
with this section. Nonconforming outdoor lighting that is the subject
of subdivision, special use permit and/or site plan applications or
other permit, approval, entitlement, or authorization from the Town
of Rhinebeck shall be subject to all of the terms and conditions of
this section.
A.
Intent and purpose.
(1)
The Town of Rhinebeck finds that landscaping provides many unique
services and values to the community. Landscaping softens the edges
of buildings, screens undesirable places, makes large buildings appear
smaller and more human scale, helps maintain biodiversity, and can
create places for social gathering. Vegetation recycles the air and
water, absorbs pollution and sequesters carbon, buffers noise, and
provides shade, air-cooling and windbreak protection. This also helps
control flooding and erosion of topsoil, and provides habitat for
birds and other wildlife species. Good landscaping buffers incompatible
uses, enhances property values and beautifies the community.
(2)
Existing vegetation should be preserved as much as possible by minimizing
clearing and grading in new developments. Removal of existing vegetation
alters the appearance of the landscape, which takes years to recreate
through replacement plantings. Existing mature vegetation provides
numerous environmental benefits such as providing shade, reducing
soil erosion, absorbing stormwater runoff, and protecting wildlife
habitats. Preserving existing vegetation also helps to screen new
development. Mature trees in particular make an important contribution
to the character of the community. Studies have shown that a parcel
of land with trees is worth more to buyers than a similar lot that
has no trees. These benefits are lost when existing vegetation is
removed and merely replaced with small trees.
(3)
New development should be generously landscaped to provide visual
interest in all four seasons by including deciduous trees, conifers,
perennials and bulbs. Landscape plans that are limited to deciduous
trees and shrubs leave a barren winter landscape that fails to screen
new development from the roadway and from neighboring properties.
The landscaping of a site should blend in with the prevailing scale,
appearance and neighboring uses, or should effectively screen the
development from its neighbors.
B.
Landscaping and screening. The Planning Board is responsible for
determining the adequacy of landscaping during the review of site
plans, special permit uses and subdivisions. The general landscaping
of a site shall be in character with that generally prevailing in
the community. All parking and service areas shall be screened at
all seasons of the year from the view of adjacent residential lots
and roads. Existing trees six inches or more in diameter at breast
height (dbh), or trees of lesser diameter but determined by the Planning
Board to be locally important, shall be preserved to the maximum extent
practical. Locally important trees include, but are not limited to,
rare or unusual species, trees associated with historic events or
persons, or trees that contribute to an identified scenic viewshed.
Roadside plantings shall be in conformance with the standards found
herein and/or with the Scenic Roads Handbook (see Appendix G of the
Town's Comprehensive Plan), which is referenced herein.
C.
Plan submission requirements. Information that shall be shown on
proposed site plans and, if required, subdivision plans shall include
the location and boundaries of all existing natural land features
on the property, including rock outcrops, isolated trees six inches
or more in diameter at breast height (dbh) and all trees over 16 inches
in dbh (whether isolated or in a forested area), existing vegetative
and forest cover, mapped significant habitat areas, orchards, hedgerows
and/or other landscaping, street trees, stone walls, soil types and
boundaries, active farmlands and prime agricultural soils, visually
prominent agricultural landscape features such as fields, pastures,
and meadows on knolls and hilltops, woodlands along roadways, property
lines, and streams, scenic vistas, steep slopes in excess of 15%,
and water features. Water features include the Hudson River, ponds,
lakes, wetlands, streams and other watercourses, aquifers, aquifer
recharge areas, floodplains, and drainage retention/detention areas.
Additional plan submission requirements include the following:
(1)
Plan submission requirements shall include the location, design and construction materials of all off-street parking areas (open and enclosed, if any), including the number of parking spaces required and to be provided. The Planning Board shall encourage and, where appropriate, require the provision of pervious parking areas in accordance with Article V, §§ 125-36 and 125-60, herein, or through parking reserve areas which may not be constructed until and unless demand is evident.
(2)
The location, design and construction materials of all present and
proposed walkways, bicycle paths and racks, benches, ramps, retaining
and/or landscaping walls and fences. Connections shall be provided
to adjoining parcels for future pedestrian and bicycle access.
(3)
A landscape plan showing all proposed changes to existing natural land features, including size and type of plant material, and the number, size, types and locations of all trees, shrubs and ground covers to be added. A planting schedule and a landscape maintenance plan shall be included. Trees to be saved shall be noted on site plans and, if required, subdivision plans and appropriate measures shall be outlined to protect the tree stock from damage during construction. Open space and recreational areas shall be identified. The location and proposed development of all buffer areas between the proposed site and adjacent properties, including existing vegetative cover and that portion that will be preserved or enhanced, shall be also indicated. The applicant's site plans and, if required, subdivision plans shall show all plant materials and non-plant materials, such as those described herein, to be installed on the site in order to meet the landscape requirement. The landscape plan shall also include an analysis of how the site is to be prepared for plant material installation with an emphasis on soil quality and available depth. All parking, storage, waste, and service areas shall be reasonably screened at all seasons of the year from the view of adjacent residential lots and streets, and the general landscaping of the site shall be in character with that generally prevailing in the community. Existing trees to be preserved shall be protected during construction. Designated existing trees to be preserved shall be identified as to caliper and species and located on the landscape plan. Parking lot landscaping shall comply with Subsection D in addition to the requirements of this subsection. Where conflicts exist, the more restrictive provisions apply. Agriculture and forestry are generally exempt from the landscaping requirements of this chapter, except as specifically identified herein.
(a)
In all zoning districts allowing nonresidential uses, and in the case of all nonresidential uses in residential zoning districts, a landscaped strip shall be provided on the property adjacent to the right-of-way. Where parking lots are immediately adjacent to the public right-of-way, the provisions of Subsection E apply. The landscaped strip may not include any paved area except pedestrian sidewalks or trails which cross the landscaped strip. Any of the following landscaped strip treatments may be used singly or in combination:
[1]
Provide a minimum twenty-foot-wide landscaped strip to be planted
with a minimum one shade or evergreen tree and 10 shrubs per 35 linear
feet of frontage, excluding driveway openings. Trees shall be appropriately
sized for their mature height in cases involving landscaping under
aboveground utilities such as electric, telephone and cable.
[2]
Maintain existing mature woodlands.
[3]
Where the plantings required in Subsection C(3)(a)[1] or [2] above would result in an inappropriate or impractical design due to the presence of underground utilities, overhead wires, or other factors that limit the mature height of a tree, the following will apply: two ornamental trees may be substituted for one shade tree; two evergreen trees may be substituted for one shade tree; one evergreen tree may be substituted for five shrubs as determined appropriate by the Planning Board.
(b)
Site plans shall specify the location, type, and size of major
existing plant materials, including trees, with information and justification
as to which such materials shall be removed and which shall be retained
or relocated. Such plans shall also specify the location, size, type,
quantity, and spacing of all proposed plantings and other landscape
materials, including irrigation systems.
(c)
Landscaping shall be installed with adequate precautions to
ensure survival, as shown on the approved landscape plan, prior to
issuance of a certificate of occupancy for the building or use.
[1]
Landowners shall be responsible for proper maintenance and care
of all landscape treatments approved by the Planning Board. The Town's
Code Enforcement Officer is authorized to inspect periodically all
landscape treatments, including screening, as approved by the Planning
Board or to investigate complaints made by any official or private
citizen concerning the maintenance of such landscape treatments. If
completion of required landscape work is not practical due to seasonal
or weather conditions, the applicant shall submit assurances to the
Planning Board and Town Attorney for the completion of landscaping.
The acceptable assurance guaranteeing the completion of landscaping
shall be an irrevocable letter of credit, certified check, performance
bond, or other acceptable assurance, equal to the cost of the landscaping
work accompanied by written assurance that such landscaping shall
be completed in accordance with an approved site plan and, if required,
subdivision plan within a specified period of time not exceeding six
months from the date of occupancy.
[2]
A three-year maintenance bond shall be provided to ensure successful
planting. After that, required landscaping shall be maintained in
a healthy, growing condition at all times.
D.
General design standards.
(1)
Landscaping should dominate the site plan and integrate the various
elements of site design, preserving and enhancing the particular identity
of the site, and creating a pleasing site character.
(2)
Landscape plantings of shrubs, ground cover, and shade and evergreen
trees, as well as perennials and annuals and other materials such
as rocks, water, walls, fences, paving materials and street furniture,
shall be encouraged to create pedestrian-scale spaces and to maintain
a landscape continuity within the community as determined by the Planning
Board. All landscaping within the site shall be designed to facilitate
conservation of the environment and preservation of community aesthetic
character. This shall be accomplished through the inclusion of native
plant material and the retention of existing natural vegetation, thereby
reducing or eliminating the need for irrigation, pesticides, herbicides,
and fertilizers. Sculpture and art may be integrated into the landscape
plan as approved by the Planning Board.
(3)
The preservation of mature plant species, hedgerows, wetlands and
woodlots shall be encouraged and included as a design element in the
development of the site.
(4)
Existing isolated tree stock six or more inches in diameter at breast
height, all trees 16 or more inches in diameter at breast height and
all locally important trees shall be protected and preserved to the
maximum extent practical to retain valuable community natural resources
and promote energy conservation by maximizing the cooling and shading
effects of trees. Define a tree's dripline to avoid any disturbance
near the tree's root system.
(5)
Landscaping shall be used to create boundaries and transitions between
areas of differing development intensities, as well as to separate
areas of incompatible land uses. A buffer zone thickly planted with
native and/or nonnative and noninvasive trees and shrubs of sufficient
width to screen a nonresidential use from a neighboring residential
use shall be required. A buffer zone as determined by the Planning
Board shall be provided on the subject parcel of any residential development
occurring adjacent to a farm. The Planning Board may require landscaping
between businesses.
(6)
Open space shall be designed as an integral part of the overall site
design and shall be appropriately maintained. Landscaping between
clusters of housing and clusters of businesses should be considered.
(7)
Parking facilities shall be landscaped and screened from public view, to the extent necessary to eliminate the unsightliness of parked cars, and shall comply with the requirements of Subsection E.
(8)
Solid waste facilities and containers, outdoor service areas, and
loading docks shall be screened around their perimeter from the street
and from other adjacent residential areas through the addition of
conifer plantings or architectural elements. Outdoor storage of waste
materials shall be prohibited.
(9)
Design landscaping to maximize energy conservation. Plant deciduous
trees to shade southern and southwestern exposures during the summer,
and plant evergreens on northerly and northwesterly exposures to help
break cold, northerly winds in the winter.
(10)
Berms, if used, shall emulate natural landforms of local terrain,
and should be as wide as the mature branch spread of the tree species
planted on them.
(11)
Deciduous trees shall have a minimum caliper of three inches.
Evergreens shall have a minimum height of eight feet at time of planting.
Small flowering trees shall have a minimum caliper of two inches at
time of planting.
(12)
Establish open space on the site so it is connected to surrounding
natural areas or existing landscaping patterns on adjacent properties.
The open space system shall include the potential for future greenways
and trails if appropriate and for protection of important natural
areas.
(13)
Use existing woodlands by preserving as much as possible along
the perimeter of the lot. Provide additional evergreen shrubs if needed.
E.
Parking lot landscape standards.
(1)
Parking lot landscaping is in addition to all other landscaping requirements
of the Zoning Law. At least 20% of the area within the inside perimeter
of the parking surface of the parking area shall be landscaped and
maintained with trees, shrubs and other plant materials, as determined
necessary by the Planning Board. Natural landscaping can count as
part of the twenty-percent requirement. In all parking lots providing
eight or more off-street parking spaces, a minimum of one canopy tree
having a caliper of at least three inches and 10 shrubs shall be planted
for each eight parking spaces and any additional portion thereof,
said tree(s) to be planted in median dividers wide enough to fit mature
trees, landscape islands or such other locations as may be determined
by the Planning Board to relieve the monotonous expanse of asphalt
and provide shade for parked vehicles.
[Amended 7-25-2016 by L.L. No. 5-2016]
(2)
The following principles of off-street parking lot design shall be
considered in developing a landscape plan. It is recognized that each
site is different due to topography, the presence of surface water
resources, and other factors such as snow removal. Therefore, while
the use of all principles is encouraged in parking lot design, each
may not be attainable on every site. The determination of which principle
to apply rests with the Planning Board.
(a)
Use of native species is highly encouraged since such species
are tolerant of Hudson Valley's climate, are generally disease-resistant,
do not create unusual maintenance problems, and are readily available
from local nurseries. Use a variety of tree species to provide visual
interest, to protect against same species die-out or disease, and
be tolerant of road salt. Large-leafed and/or fruiting trees should
be avoided.
(b)
To reduce the visual impact of the parking lot, provide a twenty-foot-wide
landscape strip around the perimeter of the lot, to be planted with
a mix of shade trees, evergreen trees and shrubs. Provide a minimum
of one tree for every 35 feet of lot perimeter but not necessarily
at 35 feet on-center. In the judgment of the Planning Board, additional
trees and sufficient shrubs may be necessary to effectively shade/screen
the parking lot.
(c)
Break up the blacktop and reduce stormwater runoff by using
bricks, pavers, or textured surfaces for crosswalks. For uses subject
to seasonal fluctuations, establish overflow parking using pervious
surfaces such as porous pavement or cellular concrete blocks where
the interstices of the blocks are filled with earth and planted with
grass. The Planning Board remains responsible for determination of
the adequacy of parking supply demand.
(d)
Divide the rows of parking with planting strips and trees, averaging
a tree every six spaces. Planting strips should be a minimum of 10
feet in width.
(e)
Provide diamond-shaped tree islands six feet wide for every
four to six parking stalls.
(f)
Reduce visual impacts by breaking up large parking lots into
smaller parking areas with a significant number of shade and evergreen
trees and surrounded by hedges, stone walls or attractive fencing.
Avoid more than 10 parking spaces in a continuous row and more than
60 spaces in any single parking area defined by landscaping.
(h)
Create large planting islands (over 500 square feet) to be located
throughout the lot and planted with shade and evergreen trees, low
shrubs, and/or ground cover. These should preferably be located at
the ends of parking rows, provided they do not interfere with safety
sight distances.
(i)
Provide planting islands between every 10 spaces to avoid long
rows of parked cars. Each of these planting islands should provide
at least one shade tree.
(j)
Landscaping should be used to delineate vehicular and pedestrian
patterns. Clear and legible signs, different color and texture paving
materials, raised or inverted areas, and other techniques should be
used to further direct the flow of both vehicular and pedestrian traffic
within the lot.
(k)
Use existing woodlands, if located on the site, by preserving
as much as possible along the perimeter of the lot. Provide additional
evergreen shrubs if needed.
(l)
Lighting should complement the landscaping and architectural features on the site, should be distinctive and human-scale, and should avoid excessive glare or wasted light. See Article V, § 125-56, for lighting standards.
[1]
Separate pedestrian walkways should be provided, where needed,
to allow safe movement within the lots and to and from adjoining properties.
These facilities should generally be oriented perpendicular to and
between parking bays. Adjacent to the walks, trees should be planted.
Coordinate pedestrian walkways with access for public transit if available
or planned. The following walkway guidelines also apply:
[a]
One walkway can serve as a collector for up to
four bays of parked cars.
[b]
The walkway should be four feet wide or wider if
necessary for handicapped accessibility, allowing an additional 30
inches on each side for overhanging of automobiles.
[c]
All walkways should be raised to a standard sidewalk
height and should be constructed of different paving material than
the parking lot.
[d]
Provide pedestrian amenities such as benches, shade,
human-scale lighting, and bicycle racks.
(m)
Provide bicycle amenities such as racks. Bicycle parking spaces
and racks shall be provided in an area that does not conflict with
vehicular traffic.
(n)
Appropriate areas for snow storage shall be integrated into
the landscape and stormwater management plans.
(o)
All plant material used to landscape parking lots is to be maintained at all times in a living and growing condition. Assurance shall be in accordance with the landscape requirements found in Subsection C(3)(c)[2] of this section.
(p)
Parking facilities shall be designed with regard for orderly
management, topography, landscaping, ease of access, and shall be
developed as an integral part of an overall site design.
(q)
Parking spaces shall have wheel stops or curbs to prevent injury
to pedestrians as well as trees and shrubs planted in landscaped islands,
unless the stormwater management plan recommends no curbs, with the
determination to be made by the Planning Board.
(r)
Designated van/car pool parking and other facilities for transportation
alternatives to single-occupancy vehicle use shall be provided wherever
practical.
(s)
All aboveground loading facilities shall be oriented to preserve
auditory privacy between adjacent buildings, and shall be screened
from public view to the extent necessary to eliminate unsightliness.
This proposal provides more parking spaces than are required
and, without landscaping the interior, creates the effect of a "sea
of asphalt."
|
Reducing the amount of parking and providing additional landscaping
around the perimeter and within the lot creates a safer and more attractive
environment.
|
Breaking up the parking into two "groves" further mitigates
the visual impact of the lot.
|
F.
Joint parking facilities. Required parking spaces, open or enclosed, may be provided in spaces designed to serve jointly two or more establishments whether or not located on the same lot, provided that the number of required spaces in such joint facilities shall not be less than the total required for all such establishments unless allowed by Article V, § 125-36, of this chapter.
G.
Screening from residential uses.
(1)
Whenever a parking lot of five spaces or more abuts the side or rear
lot line of a lot in a residential district, or any land in residential
use, said parking lot shall be effectively screened from such adjoining
lot by a substantial wall, fence, or berm, or a thick evergreen hedge,
with a height of not less than six feet at the time of planting. In
order to break the visual monotony of a wall when walls are used,
at least one shrub or vine shall be planted abutting the wall within
each 10 feet but not necessarily evenly spaced 10 feet apart. In lieu
of the vine or shrub requirement, the Planning Board may approve a
wall having a significant design variation spaced at intervals of
not more than 20 feet.
(2)
Whenever a parking lot is located across the street from land in
any residential district, or any land in residential use, it shall
be screened from the view of such land by a thick hedge located along
a line drawn parallel to the street and a distance of five feet therefrom,
such hedge to be interrupted only at points of ingress and egress.
The open area between such hedge and the street shall be landscaped
in harmony with the landscaping prevailing on neighboring properties
fronting on the same road.
H.
Street trees. Trees planted along Rhinebeck's roads and streets are
perhaps the single most effective physical addition to make them more
welcoming and more suitable for pedestrians and bicyclists. Street
trees provide shade, and they have the added benefit of helping to
slow traffic by narrowing the field of vision. Street trees should
be selected based upon their salt tolerance and should be placed close
to the road, in a manner that will not obstruct sight distance nor
impede street maintenance, and to each other to create a parklike
canopy. They should be located between the sidewalk (if applicable)
and road to form a protective row that makes pedestrians feel safely
separated from traffic. The following principles shall be considered
in designing the placement of street trees. It is recognized that
each road is different due to topography, the presence of surface
water resources, utility line placements, and other factors such as
snow removal. Therefore, while the use of all principles is encouraged,
each may not be attainable on every road. The determination of which
principle to apply rests with the Planning Board.
(1)
Street trees should be planted for all developments that are subject
to subdivision or site plan review.
(2)
Provide street trees along each side of all streets, public or private,
existing or proposed, but not including alleys. In locations where
healthy and mature shade trees currently exist, the requirements for
new trees may be waived or modified. However, trees that are diseased
or dead should be replaced.
(3)
Plant street trees in planting strips located between the street
curb and the sidewalk where provided, or in sidewalk tree wells located
between the street curb and the sidewalk on streets without planting
strips.
(4)
Street trees should be species native to the Rhinebeck area and appropriate
to the site conditions with broad canopies, should have a minimum
caliper of 2 1/2 inches measured at chest height at time of planting,
and should be spaced a maximum of 25 feet to 30 feet on center, with
exact spacing to be evaluated on a site-specific basis depending upon
species selected and mature canopy spread. In general, street trees
should be located near the property line, in a manner that will not
obstruct sight distance nor impede street maintenance.
(5)
No more than 20% of the street trees should be of one species. The
particular species of trees should be determined upon specific locational
requirements. Species should be selected to cast moderate shade to
dense shade in summer, survive more than 60 years, have a mature height
of at least 50 feet, be tolerant of pollution, heat, and salt, require
little maintenance by being mechanically strong (not brittle), and
be insect- and disease-resistant. Care should be taken to avoid species
that suffer limb drop and splitting, heavy fruit or nut crops, invasive
root systems, or allergen production. In the nonresidential districts,
the street treescape should consist of deciduous species that branch
above eight feet to facilitate viewing of storefronts and signage.
The Town CAB should review the list of recommended street trees periodically
and make adjustments as needed.
[Amended 7-25-2016 by L.L. No. 5-2016]
(6)
Street trees should be grown to at least American Nursery Association
Standards, should be balled and burlap or crated nursery stock, and
should be irrigated for a minimum of two years after installation.
Any tree that dies within three years of planting or any tree that
is removed shall be replaced with a tree of equal value, to be determined
by the CAB.
[Amended 7-25-2016 by L.L. No. 5-2016]
A.
Intent and purposes.
(1)
The Town of Rhinebeck finds that it is necessary to reduce ambient
noise levels in the Town so as to preserve, protect and promote the
public health, safety and welfare, and the peace and quiet of the
inhabitants of the Town, to prevent injury to both humans and animal
life, and to prevent injury to property, foster the convenience and
comfort of its inhabitants, and facilitate the enjoyment of the rural
character of the Town. There is also a substantial body of science
and technology that exists demonstrating that noise may be substantially
abated.
(2)
The intent of the noise regulations is to control noise that is continuous
such as air conditioners or frequently occurring noises such as lawn
mowers, boom boxes or barking dogs. It acknowledges that noises are
necessary in a civilized society. Limits are established which allows
certain activities to take place at higher levels during daytime hours
while lower levels are enforced at other times. Noise events which
are temporary of short duration and nonrepeating will not be enforced
unless the noise may injure the human hearing system.
(3)
The following regulations are applicable to all uses and all zoning
districts within the Town of Rhinebeck unless otherwise provided herein.
No use shall be established and/or maintained that does not conform
to the following standards of use, occupancy and operation, in addition
to all relevant provisions of other local, state and federal laws,
rules or regulations. No person, firm or corporation shall operate
or cause to be operated any source of sound, except as set forth below,
which exceeds the limit set forth below when measured by a sound level
meter having an A-weighted filter and constructed in accordance with
the specifications of the American National Standards Institute (ANSI).
B.
Examples of specific acts or events intended to be controlled.
(1)
Sound-reproduction systems such as playing of a radio, phonograph,
tape player, compact disc player, television, receiver or similar
device that reproduces or amplifies sound in such a manner as to create
a noise disturbance for any person other than the operator of the
device.
(2)
Loudspeakers and public-address systems.
(3)
Domestic animals and birds that frequently or for continued duration
make or create a noise disturbance across a residential real property
line. A noise disturbance is created, for example, by a dog barking
or a rooster crowing continually for more than 10 minutes or intermittently
for more than 30 minutes. Noise associated with agriculture or forestry,
as defined herein, is exempt from the noise regulations.
(4)
Loading and unloading, opening, closing or other handling of boxes,
crates, containers, bales, cans, drums, refuse or similar objects.
(5)
Motor vehicles:
(a)
Operating or permitting the operation of any motor vehicle so
out of repair or in such a condition as to create a noise disturbance
or that is otherwise not in compliance with the provisions of any
state or federal law, including but not limited to §§ 375
and 386 of the New York State Vehicle and Traffic Law.
(b)
Allowing noise from a motor vehicle alarm to continue in excess
of five minutes' duration after it has been activated.
(6)
Construction, repair and demolition.
(7)
Impulsive noise or short bursts of acoustical energy such as from
firearms, pile drivers, Jake brakes, or punch presses.
(8)
Air conditioning, refrigeration, ventilation, machinery, or other
similar noise generators.
(9)
Landscape maintenance devices such as lawn mowers, leaf blowers,
grass trimmers, and snow blowers.
(10)
Recreational vehicles such as jet skis, motorized boats, all-terrain
vehicles, off-road motorcycles, and snowmobiles.
C.
Prima facie evidence of noise disturbance. The following shall be
considered prima facie evidence of noise disturbance:
(1)
A sound-level reading taken at a dwelling within a multi-dwelling-unit
building, arising from any location within a multi-dwelling-unit building,
above 50 dBA during the time period commencing at 7:00 a.m. and ending
at 8:00 p.m.
(2)
A sound-level reading taken at a dwelling within a multi-dwelling-unit
building, arising from any location within a multi-dwelling-unit building,
above 45 dBA during the time period commencing at 8:00 p.m. and ending
at 7:00 a.m. the following day.
(3)
A sound-level reading taken at a residential property line, arising
from another residential property, above 60 dBA during the time period
commencing at 7:00 a.m. and ending at 8:00 p.m.
(4)
A sound-level reading taken at a residential property line, arising
from another residential property, above 50 dBA during the time period
commencing at 8:00 p.m. and ending at 7:00 a.m. the following day.
(5)
A sound-level reading taken at a residential property line, arising
from a commercial property or a public space, above 60 dBA during
the time period commencing at 7:00 a.m. and ending at 8:00 p.m.
(6)
A sound-level reading taken at a residential property line, arising
from a commercial property or a public space, above 50 dBA during
the time period commencing at 8:00 p.m. and ending at 7:00 a.m. the
following day.
(7)
A sound-level reading taken at a commercial property line at any
time, arising from any property source, above 65 dBA.
(8)
Sound from a motor vehicle exceeding 60 dBA as measured from the
nearest curb or edge of the roadway.
(9)
Impulsive sound shall not exceed 80 dBA at the receiving property
line if it occurs less than four times per hour. For frequency greater
than four per hour the sound shall not exceed 60 dBA between the hours
of 7:00 a.m. and 8:00 p.m. and not exceed 50 dBA between 8:00 p.m.
and 7:00 a.m.
D.
Exceptions. Regardless of the decibel limits or the time of day or
night, the provisions of this chapter shall not apply to:
(1)
Sound and vibration emitted for the purpose of alerting people in
an emergency.
(2)
Sound and vibration emitted in the performance of correcting an emergency,
including the use of emergency response vehicles.
(3)
Sounds created by bells or chimes of a house of worship, when a part
of a religious observance or service.
(4)
Sounds from farm operations conducted in a manner consistent with
sound agricultural practices as determined by the New York State Department
of Agriculture and Markets. Sounds from agriculture operations on
non-farm properties are not exempt.
(5)
Sounds from forestry operations conducted in a manner consistent
with the Timber Harvesting Guidelines as published by the New York
State Department of Environmental Conservation.
(6)
Sounds from domestic power equipment, including power tools, lawn
and garden equipment, chain saws, snow blowers, and snow plows when
operated with a muffler such that the noise measurement at 10 feet
from the device does not exceed 70 dBA.
(7)
Sounds during the New York State regulated hunting seasons from traditional
guns and hunting practices.
(8)
Sound from a burglar alarm of any building or residence, provided
such burglar alarm shall terminate its operation within 10 minutes
after it has been activated.
(9)
Railway locomotives.
(10)
Sound generated by Town-sponsored and/or Town-permitted events.
(11)
Temporary noise such that its duration is shorter than five
minutes and which is not repetitive.
(12)
Construction noise that occurs between 7:00 a.m. and 8:00 p.m.
Monday through Saturday.
E.
Enforcement and administration. The noise control requirements established
by this section shall be administered and enforced jointly by Town
Zoning Enforcement Officers, local law enforcement agencies and such
other employees and/or officials authorized by the Town Board. An
alleged violation of the provisions of this chapter may be established
upon the verbal or written complaint of at least one person or as
personally observed by such Town Zoning Enforcement Officers, local
law enforcement agencies or such other employees and/or officials
authorized by the Town Board. Town Zoning Enforcement Officers, local
law enforcement agencies or such other employees and/or officials
authorized by the Town Board may issue an order requiring abatement
of any source of sound alleged to be in violation of this section.
Such abatement must be made within a reasonable time period and according
to the conditions prescribed by the officer. Violation of any provision
of this section or of an abatement order shall be cause for a summons
to be issued. The Town may remedy violations through a civil action
if appropriate.
[Amended 7-25-2016 by L.L. No. 5-2016]
F.
Penalties for offenses. Any person who violates any provision of this section shall be deemed guilty of a violation and, upon conviction thereof, shall be subject to penalties in accordance with Article X of this chapter.
G.
[1]Definitions and word usage. There are terms used in this section of the Zoning Law that are applicable principally if not exclusively within this section alone. The terms used in this section or in documents prepared or reviewed under this section of the Zoning Law shall have the meaning as set forth in Article XIII, § 125-141. All terminology defined herein, which relates to the nature of sound and the mechanical detection and recording of sound, is in conformance with the terminology of the American National Standards Institute (ANSI) or its successor body.
[1]
Editor’s Note: Former Subsection G, Application for
special use permit, Subsection H, Applicant to obtain other necessary
permits, Subsection I, Revocation of special use permit, and Subsection
J, Powers and duties of Planning Board, were repealed 7-25-2016 by
L.L. No. 5-2016. Said local law also redesignated former Subsection
K as Subsection G.
A.
Purpose. Rhinebeck's quality of life will be enhanced by the wise
management of the Town's natural resources, including the diverse
habitats and natural systems found within the Town. The mapping of
such natural resources by the Town of Rhinebeck, in accordance with
General Municipal Law § 239-y and the Town of Rhinebeck
Comprehensive Plan, constitutes the Town's Natural Resource Inventory.
The habitat management process detailed herein will enable the Town
to balance its responsibility to promote the economic well being of
Rhinebeck's residents, while protecting the integrity and value of
Rhinebeck's natural areas, including the Town's watersheds and significant
biological resources. The habitat management process, that will be
employed by the Town to guide its habitat management decisions, will
streamline the planning review processes by facilitating the New York
State Environmental Quality Review Act (SEQRA) as well as proposed
subdivisions, site plans, special use permits, variances and other
related development approvals by incorporating environmental protection
into the design of projects. The habitat management process will also
enable applicants to know well in advance what will be required during
the Town's development review processes, thus avoiding unnecessary
delay and expense during the review process. The habitat management
process addresses the following findings:
[Amended 7-25-2016 by L.L. No. 5-2016]
(1)
The Town of Rhinebeck contains a diversity of natural resources,
which include plants, animals and habitats, and these resources are
vulnerable to the adverse impacts often associated with development
and construction. The habitat assessment process enables the Town
to make better planning decisions, establish consistent standards
for development proposals, fulfill regulatory obligations imposed
by SEQRA, and protect and maintain significant biological resources
as development and economic growth occur.
(2)
Land development may affect the environment in many ways. Direct
loss of habitat eliminates some species and affects the population
size of others. Habitat fragmentation leads to isolation (and reduced
viability) of small populations, reduced population dispersal, increased
edge effects which in turn may lead to increased predation, nest parasitism,
and decreased breeding success.
(3)
Habitat loss is often associated with negative impacts to watersheds,
which may result in degraded water quality, reduced water supply,
increased pollution, erosion and sedimentation, damage to streams
and wetlands, poor drainage and flooding.
(4)
The inclusion of habitat assessments as part of the planning and
design review processes facilitates biodiversity conservation, preserves
water resources, helps maintain natural areas, reduces the impact
of invasive species, enhances visual resources and recreational opportunities,
supports community values, and protects and enhances property values.
(5)
Healthy ecosystems comprise the landscapes valued by Town residents.
Ecological imbalances resulting from improperly sited development
and its adverse impacts can lead to degraded landscapes and a proliferation
of invasive or nuisance species.
(6)
It is ultimately more cost-effective for the Town to protect significant
natural resources rather than attempt to restore them once they have
been damaged or lost. This proactive stance will guide development,
not prohibit it, and can greatly influence decisions about how development
occurs on a particular site.
B.
Intent.
(1)
It is the intent of the habitat and natural resource management process
to incorporate, where appropriate, habitat assessments into the decision-making
of all Town boards charged with approval of actions under the State
Environmental Quality Review Act (SEQRA). A habitat assessment surveys
the existing environmental conditions of a site, identifies any areas
of ecological sensitivity, determines what the impact of the proposed
development will be, and devises mitigation measures to avoid or reduce
identified impacts. The Town of Rhinebeck's significant habitats in
the Town of Rhinebeck, Dutchess County, New York by Hudsonia Ltd.
dated July 2007, should be used as a basis for habitat assessments
but, because of its general nature, additional on-site habitat assessment
surveys may be necessary. Specific areas of concern that are identified
as part of the assessment include but are not limited to the following:
[Amended 7-25-2016 by L.L. No. 5-2016]
(a)
Water resources (including aquifers, streams, wetlands, and
vernal pools, whether or not they are protected by local, state or
federal regulations).
(b)
Vegetation.
(c)
Soils.
(d)
Elevation, aspect and slope (including rocky outcrops, steep
slopes and ridgelines).
(e)
Presence of wildlife of greatest conservation need, as defined
by the State of New York, including but not limited to breeding birds,
reptiles, amphibians and mammals, including higher-order predators.
(f)
Presence of New York State listed endangered, threatened, rare,
and exploitably vulnerable plants or the New York State rare plant
status lists.
(2)
The habitat management process used in the Town of Rhinebeck is based
upon methodology detailed in the Biodiversity Assessment Manual for
the Hudson River Estuary Corridor, published by Hudsonia Ltd. in cooperation
with the Hudson River Estuary Program of the New York State Department
of Environmental Conservation. It may include an analysis of the presence
or potential presence of rare and endangered plant and animal species
on the property and estimates the impact the development will have
on all plants and wildlife found in the area. When completed, any
significant habitat areas identified in the habitat assessment should
be included in an existing resources and site analysis plan as a primary
conservation area, for the purposes of conservation subdivision design
review. In all land use decisions subject to this section, habitat
assessment will be a valuable tool for planning land use that is compatible
with existing habitats by minimizing impacts to habitats and providing
acceptable mitigation measures when impacts cannot be avoided.
C.
Applicability. Use of the habitat assessment process is mandatory
for all subdivisions, special use permits, uses requiring site plan
approval, variances, or other Town development reviews that are subject
to SEQRA.
[Amended 7-25-2016 by L.L. No. 5-2016]
D.
Timing. Habitat assessments should be completed prior to submittal
of a formal application to the Town and as early in the planning process
as possible to avoid unnecessary delay in project review. The Planning
Board will employ the significant habitat map(s) and the associated
priority conservation zone/area maps in Hudsonia's significant habitats
report as the reference for depicting existing habitats in the Town
for the purposes of this section. Applicants proposing site development
that will potentially impact existing habitats as identified in the
significant habitats report will provide to the Planning Board a map
depicting any potential intrusions into identified conservation zones,
along with a brief narrative detailing the nature of those potential
impacts and the method(s) that will be employed to mitigate those
impacts. At the Planning Board's discretion, a site-specific habitat
assessment may be required of the applicant.
E.
Site-specific habitat assessments. Should the Planning Board determine
that a site-specific habitat assessment is necessary, the following
information shall be provided in the manner detailed below:
(1)
Existing habitats. For purposes of site-specific habitat assessment,
habitat assessments shall include two perspectives: the site-specific
and the context or surrounding landscape. Though decisions are made
on a site-by-site basis, some of the ecological information that informs
those decisions is on the landscape scale. Many species utilize a
complex of habitats within the course of their life cycles; developments
that attempt to avoid disturbance of breeding habitat, for example,
may unintentionally destroy foraging, roosting or winter habitat.
The following information will be provided:
(a)
Soils and geological information should be obtained from the
Dutchess County Soil Survey, the significant habitats in the Town
of Rhinebeck report, or the New York State Bedrock Geology Map if
not available from on-site surveys.
(b)
Habitat descriptions, including approximate acreage for each
habitat type, dominant plants, vegetation structure, and connections
with adjacent habitat.
(c)
Approximate acreage for each habitat type that will be impaired
or lost as a result of the project activity.
(d)
Special habitats, including but not limited to vernal pools,
kettle shrub pools, riparian areas, streams, ponds, mature forest,
and shrubby old fields, will be noted. All wetlands and streams (perennial
and intermittent) on site will be evaluated as habitat regardless
of regulatory jurisdiction.
(e)
Habitat assessment, including both on-site and off-site areas.
If access to off-site areas cannot be obtained from landowners, those
off-site areas can be assessed by referring to the significant habitat
map, by analysis of other maps or air photos, or by viewing from nearby
areas, such as roads or adjacent properties. This is required even
if the project site itself is highly disturbed. This will clarify
development impacts on the larger landscape of the Town and facilitate
siting of conservation easements.
(f)
General assessment of habitat quality or condition must be included.
Quality measures, depending on habitat type, may include the following:
[1]
Extent (e.g., forests or meadows).
[2]
Connectivity with other habitats or corridors.
[3]
Age or size of trees.
[4]
Abundance of downwood, standing snags, rocks, organic debris,
woody hummocks, and other microhabitat features.
[5]
Level of human disturbance (e.g., from logging, all-terrain
vehicles, foot traffic, and so on).
[6]
Abundance of nonnative or invasive species.
[7]
Diversity of native plant species.
[8]
Observable quality of surface waters and substrates (for streams).
(g)
Wildlife of greatest conservation need. For purposes of habitat
assessment, "wildlife of greatest conservation need" include those
listed below. Many of the species of conservation need are restricted
to specialized habitats with particular physical or biological features.
If the appropriate habitat is present on site, it is assumed that
species known to use that habitat are present or could be present
in the future.
[1]
Endangered or threatened under the federal Endangered Species
Act.
[2]
Endangered, threatened, rare (plant) and special concern (animal)
species under the New York State Environmental Conservation Law.
[3]
S1, S2 or S3 by the New York State Natural Heritage Program.
[4]
Regionally rare, scarce, declining, or vulnerable identified
in the Biodiversity Assessment Manual for the Hudson River Estuary
Corridor.
(h)
Evaluation of on-site and nearby habitat. This includes habitat
for breeding, nursery habitat, foraging, seasonal movements, nesting,
overwintering, and population dispersal as appropriate. The entire
site, not just areas of proposed disturbance, must be evaluated. The
observed presence of habitat specialist species (e.g., vernal pool
amphibians, interior forest birds) may indicate high-quality habitats
where development-related impacts should be avoided, minimized or
mitigated. The presence of species that are associated with disturbed
habitat, along with the absence of habitat specialists, indicate lower-quality
habitat that may be more suitable for development. Criteria for evaluating
these natural resources (both species and habitat) include but is
not limited to:
[1]
Rarity.
[2]
Diversity.
[3]
Size (critical habitat areas).
[4]
Naturalness (level of human disturbance).
[5]
Fragility (vulnerability to disturbance).
[6]
Representativeness (high-quality habitat for a variety of species).
[7]
Importance to wildlife.
[8]
Local importance (e.g., only site in the Town with certain undisturbed
habitat features).
[9]
Connectivity (to adjacent habitats and wildlife corridors).
[10]
Habitat fragmentation, both on site and within
the landscape context.
(2)
Field surveys. Habitat assessment includes the identification of
the need for any species-specific field surveys to determine the significance
of project impacts, as determined by the Planning Board. Habitat assessments
are recommended prior to any surveys for particular species. If suitable
habitat is identified, then species surveys may be necessary, especially
if the habitat is suitable for threatened, endangered, or special
concern animal species, and endangered, threatened, or rare plant
species.
F.
Site-specific habitat assessment report. The following format for
a site-specific habitat assessment report shall be followed:
(1)
Title page: name of proposed development project (i.e., subdivision,
site plan, special permit, variance or other action), report date
and date of all revisions, name and contact information for report
preparer.
(2)
Introduction: a description of the proposed project, location map
using the one inch equals 2,000 feet United States Geological Survey
topographic as a base map.
(3)
Methods: sources of information (existing studies, maps), agency
inquiries, aerial photographs, field visits. All on-site field observations
must be accompanied by the date, time of day, and general temperature
and weather conditions, locations, methods of observation, and seasonal
considerations. List the scientific names for all species noted in
the report.
(4)
Results. Use of tables to present results for habitat types and species
of special concern is preferred (see example below). Any species of
conservation concern observed, likely to occur, or potentially occurring
on or near the site must be listed in the table.
(a)
Site overview with descriptions of bedrock geology and soils.
(b)
Habitat descriptions (see list below).
(c)
Indicators of habitat quality (e.g., size of trees, degree of
disturbance, invasive species, abundance of species or groups, vegetation
characteristics, relationships to off-site or adjacent habitats, extent
of habitat).
(d)
Habitat map of the site, including contours, topographic features,
and soils.
(e)
Soils map.
(f)
Vegetation and wildlife list with specific locations wherever
possible.
|
Example 1: Suggested Habitat Type Table
| ||||
|---|---|---|---|---|
|
Table 1: Proposed Woody Field Subdivision — Habitat
Types Encountered
| ||||
|
Habitat Type
|
Approximate Size
|
Approximate Percent of Total Site Area
|
Dominant Vegetation
| |
|
Upland deciduous forest
|
3 acres
|
20%
|
Sugar maple, oaks (red, white, black, chestnut)
| |
|
Shrubby old field
|
5 acres
|
33%
|
Grey dogwood, orchard grass, goldenrods, bluestem
| |
|
Intermittent woodland pool
|
1/4 acre
|
Less than 2%
|
Buttonbush, duckweed, algae
| |
|
Perennial stream
|
Average width: 6 feet
Length: 1,000 feet on site
|
N/A
|
Submerged vegetation; vegetation on bars or low banks
| |
|
Example 2: Species of Conservation Concern Table
| |||
|---|---|---|---|
|
Table 2: Proposed Woody Field Subdivision — Species
of Conservation
| |||
|
Species of Conservation Concern
|
Habitat(s)*
|
Quality
| |
|
Jefferson salamander, marbled salamander, spotted salamander,
wood frog
|
Intermittent woodland pool (1/4 acre)
|
High
| |
|
Same
|
Upland hardwood forest (15 acres)
|
Moderate (soils in eastern half disturbed by logging about 15
years ago)
| |
|
Red-shouldered hawk
|
Upland hardwood forest and floodplain hardwood swamp (total
= 30 acres)
|
Moderate (too small)
| |
|
Yellow lady's slipper
|
Upland hardwood forest (15 acres)
|
Low to moderate (soils in eastern half disturbed by logging
about 15 years ago; invasion of garlic-mustard)
| |
|
Note:
| ||
|---|---|---|
|
*
|
Describe habitats on and nearby that appear suitable for the
species.
| |
(5)
Discussion. The report must present a narrative discussion of the
results. This includes species of conservation concern that would
use the site and when; an overview of biodiversity; ecological impacts
of the proposed development in the context of the larger landscape;
the needs, if any, for additional field surveys; and the relationship
of existing or proposed conservation easements to habitats on site.
Conservation easements may be an appropriate form of mitigation by
including significant habitats and avoiding small or isolated (disconnected)
patches of habitat.
(6)
Potential impacts of proposed project activities and proposed mitigation measures. This section must include cumulative, primary and secondary impacts as well as stormwater management impacts. Considerations include magnitude, spatial extent, duration, and probability of occurrence. All identified impacts need to be properly incorporated into the project's SEQRA review process, regardless of the lead agency. Mitigation measures will be incorporated into the proposed project plans to avoid, reduce or minimize identified impacts to the greatest extent practicable. Use of conservation easements, in accordance with Article V, § 125-43L, of this chapter may be considered to protect in perpetuity all identified habitats of concern and is the first step in identifying appropriate mitigation. Additional mitigation measures include but are not limited to those identified in Biodiversity Assessment Manual for the Hudson River Estuary Corridor.
[Amended 7-25-2016 by L.L. No. 5-2016]
(7)
Summary of the report findings and recommendations.
(8)
References used.
G.
Quality control/follow-up. A site visit by representatives of the
Town Conservation Advisory Board (CAB), Planning Board, and/or Town
Planner will be conducted after the habitat assessment is complete.
Mitigation measures for impacts on habitats, plant and animal species
will be evaluated and incorporated into the SEQRA review process.
The Town may require peer review of the habitat assessment report,
at the expense of the applicant, and in accordance with the Town's
fee schedule.
[Amended 7-25-2016 by L.L. No. 5-2016]
H.
Habitat list. Suggested habitat types for general habitat and biodiversity
assessments on any particular site include but are not limited to
these types. See the Biodiversity Assessment Manual for the Hudson
River Estuary Corridor for more detailed descriptions of these habitats.
|
Habitat
|
Comment
| ||
|---|---|---|---|
|
Stream, pond, and wetland habitats
| |||
|
Stream
|
Includes intermittent and perennial streams and rivers
| ||
|
Open water
|
Natural ponds and lakes; i.e., undammed, unexcavated
| ||
|
Constructed pond
|
Dammed or excavated ponds and lakes
| ||
|
Intermittent woodland pool
|
Vernal pool in forested setting
| ||
|
Wet meadow
| |||
|
Wet clay meadow
|
Clayey soils and indicator plant species must be present
| ||
|
Calcareous wet meadow
|
Calcareous soils and indicator plant species must be present
| ||
|
Fen
| |||
|
Kettle shrub pool
| |||
|
Buttonbush pool
| |||
|
Circumneutral bog lake
| |||
|
Acidic bog
| |||
|
Marsh
|
Includes emergent and floating-leaved marshes
| ||
|
Mixed forest swamp
|
Conifers and hardwoods in overstory
| ||
|
Hardwood and shrub swamp
|
Includes forested and shrub swamps
| ||
|
Conifer swamp
| |||
|
Springs and seeps
| |||
|
Intertidal marsh
| |||
|
Upland habitats
| |||
|
Upland meadow
|
Includes inactive agricultural land, herbaceous old fields,
farmed meadows, such as pasture, hayfield, and cropland
| ||
|
Upland shrubland
|
Includes shrubby old field and other shrub-dominated upland
habitats
| ||
|
Orchard/Plantation
|
Christmas tree farm, fruit orchard; young (seedling-sapling
size) plantations
| ||
|
Cool ravine
|
Very deep, very narrow ravine, with rocky slopes flanking rocky
stream at bottom; cerating very cool, shaded environment with unusual
plan and animal community
| ||
|
Upland hardwood forest
|
Greater than or equal to 75% hardwood cover
| ||
|
Upland mixed forest
|
25% to 75% hardwood or conifer cover
| ||
|
Red cedar woodland
| |||
|
Oak heath barren
| |||
|
Upland conifer forest
|
Greater than or equal to 75% conifer cover; includes spontaneous
conifer stands and mature plantations
| ||
|
Calcareous crest, ledge, and talus
|
Includes noncalcareous CLT, as well as CLT of unknown bedrock
chemistry
| ||
|
Calcareous crest, ledge, and talus
| |||
|
Waste ground
|
Abandoned soil or rock mines, active private dumps, unreclaimed
landfills, post-industrial or commercial sites, other areas with stripped
topsoil and little vegetation
| ||
|
Cultural
|
Manicured areas lacking structures, pavement, etc.; e.g., ballfields,
campgrounds, large lawns, mowed parklike areas under trees
| ||
A.
Purposes and findings. The purpose of this section of the Zoning
Law is to establish minimum requirements for the control of stormwater
runoff, soil erosion and sedimentation of surface waters to protect
and safeguard the general health, safety and welfare of the residents
and to address the following findings:
(1)
Land development activities and associated increases in site impervious
cover often alter the hydrologic response of local watersheds and
increase stormwater runoff rates and volumes, flooding, stream channel
erosion, and/or sediment transport and deposition.
(2)
This stormwater runoff contributes to increased quantities of water-borne
pollutants, including siltation of aquatic habitat for fish and other
species.
(3)
Clearing and grading during construction increases soil erosion and
adds to the loss of native vegetation necessary for terrestrial and
aquatic habitat.
(4)
Improper design and construction of stormwater management facilities
and practices can increase the velocity of stormwater runoff, thereby
increasing stream bank erosion and sedimentation.
(5)
Impervious surfaces allow less water to percolate into the soil,
thereby decreasing groundwater recharge and stream baseflow.
(6)
Substantial economic losses can result from these adverse impacts
on the waters of the Town.
(7)
Stormwater runoff, soil erosion and nonpoint source pollution can
be controlled and minimized through the regulation of stormwater runoff
from land development activities.
(8)
The regulation of stormwater runoff discharges from land development
activities, in order to control and minimize increases in stormwater
runoff rates and volumes, soil erosion; stream channel erosion, and
nonpoint source pollution associated with stormwater runoff, is in
the public interest and will minimize threats to public health and
safety.
(9)
Regulation of land development activities by means of performance
standards governing stormwater management and site design will produce
development compatible with the natural functions of a particular
site or an entire watershed, and thereby mitigate the adverse effects
of erosion and sedimentation from development.
B.
Objectives of stormwater management. Establishing minimum stormwater
management requirements and controls will address the findings of
fact cited above by achieving the following objectives:
(1)
Require land development activities to conform to the substantive
requirements of the New York State Department of Environmental Conservation
State Pollutant Discharge Elimination System (SPDES) General Permit
for Construction Activity GP-0-15-002 or as amended or revised;
[Amended 7-25-2016 by L.L. No. 5-2016]
(2)
Minimize increases in stormwater runoff from land development activities
in order to reduce flooding, siltation, increases in stream temperature,
and streambank erosion and maintain the integrity of stream channels
and associated wildlife habitats;
(3)
Minimize increases in pollution caused by stormwater runoff from
land development activities which would otherwise degrade local water
quality;
(4)
Control the total annual volume of stormwater runoff which flows
from any specific site during and following development to the maximum
extent practicable; and
(5)
Manage stormwater runoff rates and volumes, soil erosion and nonpoint
source pollution, wherever possible, through stormwater management
practices and ensure that these management practices are properly
maintained and eliminate threats to public safety.
C.
Applicability. This section shall be applicable to all land development
activities as defined herein. All land development activities subject
to review and approval by the Planning Board under subdivision, site
plan, and/or special permit regulations shall be reviewed subject
to the standards contained in this section. The Town Board designates
the Zoning Enforcement Officer (ZEO) for acceptance of all stormwater
pollution prevention plans (SWPPP) and directs the ZEO to forward
such plans to the Planning Board and Town Engineer.
D.
Exemptions. The following activities shall be exempt from review
under this section:
(1)
Agriculture conducted in a manner consistent with sound agricultural
practices, as determined by the New York State Department of Agriculture
and Markets.
(2)
Forestry conducted in a manner consistent with the Timber Harvesting
Guidelines as published by the New York State Department of Environmental
Conservation, except that landing areas and log haul roads are subject
to this section.
(3)
Routine maintenance activities that disturb less than one acre and
are performed to maintain the original line and grade, hydraulic capacity
or original purpose of a facility.
(4)
Repairs to any stormwater management practice or facility deemed
necessary by the ZEO.
(5)
Any part of a subdivision, if a plat for the subdivision has been
approved by the Town of Rhinebeck Planning Board on or before the
effective date of this chapter.
(6)
Land development activities for which a building permit has been
approved on or before the effective date of this chapter.
(7)
Cemetery graves.
(8)
Installation of fence, sign, telephone, and electric poles, and other
kinds of posts or poles, but not including installation of transmission
equipment.
(9)
Emergency activity immediately necessary to protect life, property
or natural resources.
(10)
Activities of an individual engaging in home gardening by growing
flowers, vegetable and other plants, primarily for use by that person
and his or her family.
E.
Stormwater pollution prevention plans. No application for approval
of a land development activity shall be deemed complete until the
Planning Board has received a stormwater pollution prevention plan
(SWPPP) prepared in accordance with the current New York State Department
of Environmental Conservation State Pollutant Discharge Elimination
System (SPDES) General Permit for Construction Activities.
(1)
Contents of stormwater pollution prevention plans. All SWPPPs shall
provide the information required by the New York State Department
of Environmental Conservation State Pollutant Discharge Elimination
System (SPDES) General Permit for Construction Activities.
(2)
Land development activities, as defined herein and meeting Condition
A or B below, shall also include water quantity and water quality
controls (post-construction stormwater runoff controls) as set forth
in Schedule A,[1] as applicable:
(a)
Condition A: stormwater runoff from land development activities
discharging a pollutant of concern to either an impaired water identified
on the Department of Environmental Conservation's 303(d) list of impaired
waters, or a total maximum daily load (TMDL) designated watershed
for which pollutants in stormwater have been identified as a source
of the impairment.
(b)
Condition B: stormwater runoff from land development activities
disturbing one or more acres during the course of the project, inclusive
of the construction of single-family residences and construction activities
at agricultural properties.
[1]
Editor's Note: Schedule A is included as an attachment to this chapter.
(3)
SWPPP requirements for Conditions A and B:
(a)
All information required herein.
(b)
Description of each post-construction stormwater management
practice.
(c)
Site map/construction drawing(s) showing the specific location(s)
and size(s) of each post-construction stormwater management practice.
(d)
Hydrologic and hydraulic analysis for all structural components
of the stormwater management system for the applicable design storms.
(e)
Comparison of post-development stormwater runoff conditions
with pre-development conditions.
(f)
Dimensions, material specifications and installation details
for each post-construction stormwater management practice.
(g)
Maintenance schedule to ensure continuous and effective operation
of each post-construction stormwater management practice.
(h)
Maintenance easements to ensure access to all stormwater management
practices at the site, for the purpose of inspection and repair. Easements
shall be recorded on the plan and shall remain in effect with transfer
of title to the property.
(i)
Inspection and maintenance agreement binding on all subsequent
landowners served by the on-site stormwater management measures, in
accordance with Schedule B herein.[2]
[2]
Editor's Note: Schedule B is included as an attachment to this chapter.
(j)
For Condition A, the SWPPP shall be prepared by a licensed landscape
architect, certified professional or professional engineer, and shall
be signed by the professional preparing the plan, who shall certify
that the design of all stormwater management practices meets the requirements
herein.
(k)
The New York SPDES General Permit for Stormwater Runoff from
Construction Activities, as amended and/or updated, requires that
SWPPPs be prepared by a licensed professional for land development
activities discharging a pollutant of concern to an impaired water
identified on the New York State Department of Environmental Conservation's
303(d) list of impaired waters, or to a total maximum daily load (TMDL)
designated watershed for which pollutants in stormwater have been
identified as a source of the impairment.
F.
Other permits. The applicant shall assure that all other applicable
permits have been or will be acquired for the land development activity
prior to approval of the final stormwater design plan.
G.
Contractor certification. Each contractor and subcontractor identified
in the SWPPP who will be involved in soil disturbance and/or stormwater
management practice installation shall sign and date a copy of the
following certification statement before undertaking any land development
activity: "I certify under penalty of law that I understand and agree
to comply with the terms and conditions of the Stormwater Pollution
Prevention Plan. I also understand that it is unlawful for any person
to cause or contribute to a violation of water quality standards."
The certification shall include the name and title of the person providing
the signature; address and telephone number of the contracting firm;
the address (or other identifying description) of the site; and the
date the certification is made. The certification statement(s) shall
become part of the SWPPP for the land development activity. A copy
of the SWPPP shall be retained at the site of the land development
activity during construction from the date of initiation of construction
activities to the date of final stabilization.
H.
Performance and design criteria for stormwater management and erosion
and sediment control. All land development activities shall be subject
to the following performance and design criteria:
(1)
Technical standards. For the purpose of this subsection, the following
documents shall serve as the official guides and specifications for
stormwater management. Stormwater management practices that are designed
and constructed in accordance with these technical documents shall
be presumed to meet the standards imposed by this chapter:
(a)
The New York State Stormwater Management Design Manual (New
York State Department of Environmental Conservation, most current
version or its successor, hereafter referred to as the "Design Manual").
(b)
New York State Standards and Specifications for Erosion and
Sediment Control, (New York State DEC, most current version or its
successor, hereafter referred to as the "Erosion Control Manual").
(2)
Equivalence to technical standards. Where stormwater management practices
are not in accordance with technical standards, the applicant or developer
must demonstrate equivalence to the technical standards set forth
herein and the SWPPP shall be prepared by a licensed professional.
(3)
Water quality standards. Any land development activity shall not
cause an increase in turbidity that will result in substantial visible
contrast to natural conditions in surface waters of the State of New
York.
I.
Maintenance, inspection and repair of stormwater facilities.
(1)
Maintenance and inspection during construction. The applicant or
developer of the land development activity or his or her representative
shall at all times properly operate and maintain all facilities and
systems of treatment and control (and related appurtenances) which
are installed or used by the applicant or developer to achieve compliance
with the conditions of this chapter. Sediment shall be removed from
sediment traps or sediment ponds whenever their design capacity has
been reduced by 50%.
(2)
Inspection documentation. For land development activities as defined
herein and meeting Condition A or B, the applicant shall have a qualified
professional conduct site inspections and document the effectiveness
of all erosion and sediment control practices every month and within
24 hours of any storm event producing 0.5 inch of precipitation or
more. Inspection reports shall be maintained in a site logbook. The
Planning Board may require inspection by the Town Engineer, and an
improvement bond may be required to ensure completion of all stormwater
management facilities.
(3)
Inspections required. The Town ZEO may require such inspections as
necessary to determine compliance with this section, and may either
approve that portion of the work completed, or notify the applicant
wherein the work fails to comply with the requirements of this chapter
and the SWPPP as approved.
(a)
To obtain inspections, the applicant shall notify the ZEO in person
at least 48 hours before any of the following:
[1]
Start of construction.
[2]
Installation of sediment and erosion control measures.
[3]
Completion of site clearing.
[4]
Completion of rough grading.
[5]
Completion of final grading.
[6]
Close of the construction season.
[7]
Completion of final landscaping.
[8]
Successful establishment of landscaping in public areas.
(b)
If any violations are found, the applicant and developer shall
be notified in writing of the nature of the violation and the required
corrective actions. No further work shall be conducted except for
site stabilization until any violations are corrected and all work
previously completed has received approval by the stormwater management
officer.
(4)
Inspections by ZEO. The ZEO is responsible for conducting inspections
of stormwater management practices (SMPs). All applicants are required
to submit "as built" plans for any stormwater management practices
located on-site after final construction is completed. The plan must
show the final design specifications for all stormwater management
facilities, and must be certified by a professional engineer.
(5)
Maintenance easement(s). Prior to the issuance of any approval that
has a stormwater management facility as one of the requirements, the
applicant or developer must execute a maintenance easement agreement
that shall be binding on all subsequent landowners served by the stormwater
management facility. The easement shall provide for access to the
facility at reasonable times for periodic inspection by the Town of
Rhinebeck ZEO or Town Engineer to ensure that the facility is maintained
in proper working condition to meet design standards and any other
provisions established by this section. The easement shall be recorded
by the grantor in the office of the Dutchess County Clerk after approval
by the Town of Rhinebeck Attorney. The Town may require the formation
of a drainage district or a back-up drainage district, if warranted.
(6)
Maintenance after construction. The owner or operator of permanent
stormwater management practices installed in accordance with this
chapter shall ensure they are operated and maintained to achieve the
goals of this section. Proper operation and maintenance also includes,
as a minimum, the following:
(a)
A preventive/corrective maintenance program for all critical
facilities and systems of treatment and control (or related appurtenances)
which are installed or used by the owner or operator to achieve the
goals of this section.
(b)
Written procedures for operation and maintenance and training
new maintenance personnel.
(c)
Discharges from the SMPs shall not exceed design criteria, or
cause or contribute to water quality standard violations.
(d)
The Planning Board may require a maintenance bond to fund the
inspection of stormwater management facilities.
(e)
Inspection programs shall be established on any reasonable basis,
including, but not limited to: routine inspections; random inspections;
inspections based upon complaints or other notice of possible violations;
inspection of drainage basins or areas identified as higher-than-typical
sources of sediment or other contaminants or pollutants; inspections
of businesses or industries of a type associated with higher-than-usual
discharges of contaminants or pollutants, or with discharges of a
type which are more likely than the typical discharge to cause violations
of state or federal water or sediment quality standards or the SPDES
stormwater permit; and joint inspections with other agencies inspecting
under environmental or safety laws. Inspections may include, but are
not limited to: reviewing maintenance and repair records; sampling
discharges, surface water, groundwater, and material or water in drainage
control facilities; and evaluating the condition of drainage control
facilities and other stormwater management practices.
(7)
Maintenance agreements. The Town Board shall approve a formal maintenance
agreement for stormwater management facilities binding on all subsequent
landowners and recorded in the office of the Dutchess County Clerk
as a deed restriction on the property prior to final plan approval.
The maintenance agreement shall be consistent with the terms and conditions
of Schedule B of this section entitled "Sample Stormwater Control
Facility Maintenance Agreement."[3] The Town Board, in lieu of a maintenance agreement, at
its sole discretion may accept dedication of any existing or future
stormwater management facility, provided such facility meets all the
requirements of this section and includes adequate and perpetual access
and sufficient area, by easement or otherwise, for inspection and
regular maintenance.
[3]
Editor's Note: Schedule B is included as an attachment to this chapter.
(8)
Submission of reports. The Planning Board may require monitoring
and reporting from entities subject to this section as are necessary
to determine compliance with this section.
(9)
Right-of-entry for inspection. When any new stormwater management facility is installed on private property, or when any new connection is made between private property and the public stormwater system, the landowner shall grant to the Town of Rhinebeck Zoning Enforcement Officer the right to enter the property at reasonable times, and in a reasonable manner, for the purpose of inspection as specified in Subsection I herein.
J.
Construction completion guarantee. In order to ensure the full and
faithful completion of all land development activities related to
compliance with all conditions set forth by the Planning Board in
its approval of the stormwater pollution prevention plan, the Planning
Board may require the applicant or developer to provide, prior to
construction, a performance bond, cash escrow, or irrevocable letter
of credit from an appropriate financial or surety institution, which
guarantees satisfactory completion of the project and names the Town
of Rhinebeck as the beneficiary. The security shall be in an amount
to be determined by Planning Board, based on submission of final design
plans, with reference to actual construction and landscaping costs.
The performance guarantee shall remain in force until the surety is
released from liability by the Town of Rhinebeck, provided that such
period shall not be less than one year from the date of final acceptance,
or such other certification that the facility(ies) has been constructed,
in accordance with the approved plans and specifications, and that
a one-year inspection has been conducted and the facilities have been
found to be acceptable to the Zoning Enforcement Officer. Per-annum
interest on cash escrow deposits shall be reinvested in the account
until the surety is released from liability.
K.
Maintenance guarantee. Where stormwater management and erosion and
sediment control facilities are to be operated and maintained by the
developer or by a corporation that owns or manages a commercial facility,
the developer, prior to construction, may be required to provide the
Planning Board with an irrevocable letter of credit from an approved
financial institution or surety to ensure proper operation and maintenance
of all stormwater management and erosion control facilities both during
and after construction. If the developer or landowner fails to properly
operate and maintain stormwater management and erosion and sediment
control facilities, the Town of Rhinebeck may draw upon the account
to cover the costs of proper operation and maintenance, including
engineering and inspection costs.
L.
Recordkeeping. The Planning Board may require entities subject to
this section to maintain records demonstrating compliance with this
section.
[1]
Editor’s Note: Former § 125-61, Green building
standards, was repealed 4-11-2016 by L.L. No. 1-2016.
A.
Purpose and intent.
(1)
Within the Town of Rhinebeck there exist a significant number of
buildings of historic importance. The Town of Rhinebeck believes it
important that these historic buildings be both afforded proper recognition
by Town residents and protected for the continuing use and enjoyment
of future residents within this community. The Town of Rhinebeck specifically
finds that many of these vital and irreplaceable historic buildings
have heretofore been afforded recognition, though not protection,
through their inclusion on the National Register of Historic Places.
(2)
Listed buildings within the town-outside-village area of Rhinebeck
include those identified as "contributing buildings" within the National
Register Hudson River National Historic Landmark District (1990) and
its predecessor 16 Mile District (1979), those buildings within the
Evangelical Lutheran Church of St. Peter (1975), Grasmere (1987) and
Rock Ledge (1989) National Register Historic Districts, and those
individual buildings included on the National Register of Historic
Places, including first the Robert Sands Estate (1975), then more
than 30 individual buildings, or complexes of buildings, concomitantly
nominated as part of the Town of Rhinebeck Multi-Resource Area (1987)
and recently the Neher-Elseffer House (2003). The Town of Rhinebeck
has also designated four buildings, Wilderstein, the Neher-Elseffer
House, the Old Stone Church and Quitman House, as local landmarks.
(3)
This section is designed to provide for the protection of those historic
buildings situated within the town-outside-village area 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
Town's historic, architectural and cultural heritage.
(4)
This section does not regulate appurtenances to historic buildings,
i.e., stone walls, gates, fences, gazebos, gardens, landscapes or
"noncontributing structures" listed within the documentation supporting
the historic designations noted above. However, the Town of Rhinebeck
recognizes these appurtenances as important features integral to historic
properties and because of their community value encourages voluntary
protection and conservation measures to be considered by property
owners.
(5)
Similarly, while this section does not regulate exterior architectural
features, including building elements such as windows and doors and
cornices and materials such as roofing and siding, the Town of Rhinebeck
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, to employ either in-kind
architectural elements and building materials or those exhibiting
similar historical style.
(6)
The purpose of this section is to reinforce the importance of the
historic buildings of the Town of Rhinebeck and support the objectives
of the aforementioned special historic designations, the Town's Comprehensive
Plan and the Local Waterfront Revitalization Program by:
(a)
Providing for the careful, thoughtful evaluation of any proposed
action that would cause the removal or demolition of any such recognized
historic building;
(b)
Emphasizing as a statement of local policy that the conservation,
protection, enhancement and preservation of such historic buildings
is necessary to promote the economic, cultural, educational, and general
welfare of the Town's residents;
(c)
Allowing the continuing identification and recognition of historic
buildings that represent distinctive elements of historic, architectural
and cultural heritage; and
B.
Definitions. There are terms used in this section of the Zoning Law that are applicable principally if not exclusively within this section alone. The terms used in this section or in documents prepared or reviewed under this section of the Zoning Law shall have the meaning as set forth in Article XIII, § 125-38.
C.
Certificate of removal or demolition or certificate of economic hardship
required prior to issuance of demolition permit for historic building.
(1)
No person shall carry out any removal or demolition of an historic building as defined in Article XIII, for which a demolition permit is required, without obtaining both a certificate of removal or a demolition or certificate of economic hardship from the Planning Board and a demolition permit from the Zoning Enforcement Officer.
(2)
Where the certificate of removal or demolition is required, every
application for a demolition permit, including the accompanying plans
and specifications, and the name, address and telephone number of
the individual, contractor, or corporation, responsible for undertaking
the proposed removal or 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.
(3)
The Zoning Enforcement Officer shall issue no permit for any activity
regulated by this section until the Planning Board has issued in the
first instance a certificate of removal or demolition or subsequently,
upon request for review of the disapproval of such certificate of
removal or demolition, a certificate of economic hardship.
D.
Application requirements for certificate of removal or demolition
and Planning Board review procedure.
(1)
In all cases where a certificate of removal or demolition is required,
the applicant shall provide the Planning Board with the following
information on the form prescribed by the Planning Board:
(a)
Name, address and telephone number of both the applicant and
owner of record if not the applicant;
(b)
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 and structures
and property boundaries;
(c)
Past 10 years' chronology of the use, occupancy and ownership
of the property;
(d)
Receipt for application fee, if any, as may be set forth on
the Town's fee schedule as annually reviewed and established by the
Town Board; and
(e)
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 Subsection E of this section.
(2)
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 both be sent 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 a newspaper of general circulation in the Town, i.e.,
the Town's official newspaper, at least 10 calendar days prior to
the date of the public hearing.
(3)
At the public hearing, the Planning Board may request and take testimony
and entertain the submission of written evidence from any person,
including, but not limited to, the following evidence:
(a)
History of the environmental setting, use, occupancy and ownership
of the property;
(b)
Engineering evaluation of the physical condition of the property;
(c)
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;
(d)
The cost of the proposed removal or demolition;
(e)
All appraisals obtained within the previous two years by the
owner or applicant in connection with the purchase, financing, or
ownership of the property;
(f)
Any listing of the property for sale or rent, price asked and
offers received, if any, within the previous two years;
(g)
Assessed value of the property according to the two most recent
assessments;
(h)
Real estate taxes for the previous two years;
(i)
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;
(j)
The importance of the structure and the related property to
the community's heritage; and
(k)
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.
(4)
Using the criteria set forth below in Subsection E of this section, the Planning Board shall act to approve, deny or approve with conditions the application for a certificate of removal or demolition within 62 calendar days after the conclusion of the public hearing except where such time shall be extended by mutual agreement of the Planning Board and the applicant. Such determination shall be in writing and accompanied by findings. Such findings shall seek to balance, to the extent practicable, the objectives of the applicant with broader issues that may be associated with the value of the historic building to the community's heritage. Within seven calendar days following the determination, the applicant shall be sent, by registered mail, either a certificate of removal or demolition in the case of an approval, or a written notice of denial in the case of disapproval. A copy thereof shall be provided to both the Town Clerk's office and the Zoning Enforcement Officer.
(a)
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 section and to cause a dialogue with the applicant to ensure,
to the 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.
(b)
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.
E.
Criteria for review of application for certificate of removal or
demolition of an historic building.
(1)
In reviewing an application for a certificate of removal or demolition
for an historic building, the Planning Board decision shall consider
whether:
(a)
The building is of such architectural or historic significance
that its removal or demolition would be to the detriment of the public
interest;
(b)
Retention of the building in its current form and/or at its
present location is important to the Town's history or character;
(c)
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;
(d)
Retention of the building would help preserve and protect an
historic place or area of historic interest in the Town;
(e)
Retention will promote the general welfare by maintaining real
estate values and encouraging interest in American history and architecture;
and
(f)
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.
(2)
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:
(a)
The building or portion of the building is in such condition
that it is not feasible to preserve or restore.
(b)
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.
(c)
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. 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.
F.
Application requirements and review procedure and criteria for approval
of a certificate of economic hardship.
(1)
An applicant whose certificate of removal or demolition has been denied may apply 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 Planning Board may prescribe, the Planning Board shall, within 30 calendar days thereafter, hold a public hearing and give notice in the same manner as required above in Subsection D(2). At the public hearing, all interested persons shall be afforded the opportunity to present their views.
(2)
At the public hearing, the Planning 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:
(a)
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;
(b)
The economic feasibility of rehabilitation or reuse of the existing
building on the property;
(c)
All appraisals obtained within the previous two years by the
owner or applicant in connection with the purchase, financing, or
ownership of the property;
(d)
Any listing of the property for sale or rent, price asked and
offers received, if any, within the previous two years;
(e)
Assessed value of the property according to the two most recent
assessments;
(f)
Real property taxes for the previous two years;
(g)
Form of ownership or operation of the property, whether sole
proprietorship, for-profit or not-for-profit corporation, limited
partnership, joint venture, or other;
(h)
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
(i)
Any other reasonable information considered necessary by the
Planning Board in order to make a determination as to whether the
property does yield or may yield a reasonable return to the owners.
(3)
To obtain a certificate of economic hardship, the applicant must
prove the existence of economic hardship by establishing that:
(a)
The building in its current state is incapable of earning a
reasonable return; and/or is causing an unreasonable financial burden;
(b)
The building cannot be adapted for any other use permissible
under the Town's Zoning Law, whether by the current owner or by a
purchaser, which would result in a reasonable return; and
(c)
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.
(4)
The Planning 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.
(5)
The Planning 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 ensure that the activity is conducted
consistent with the spirit and intent of this section, including causing
a dialogue with the applicant to ensure, 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.
(6)
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 Town Clerk's office and the Zoning Enforcement Officer.
G.
Adaptive reuse.
(1)
The Town of Rhinebeck is home to the Hudson River National Historic
Landmark District, the most prestigious designation of historic resources
in the nation. Its significance, in part, relates to the district's
importance in American history and its significance as a landscape
that inspired the Hudson River School of Painting, where "America's
love of its landscape was born." The Town has also been recognized
with New York State's Mid-Hudson Historic Shorelands Scenic District
designation, the Estates District Scenic Area of Statewide Significance,
contains state scenic byways and a coastal zone area and is within
the area designated by the federal government as an American Heritage
River. It is also within the Hudson River Valley National Heritage
Area and the state's Hudson River Valley Greenway. To protect and
preserve such prestigious designations, the Town of Rhinebeck encourages
the adaptive reuse of existing historic buildings, that will preserve
and enhance their architectural or historic integrity and the district
in which it is located, by broadening the permitted uses allowed and
by relaxing the dimensional standards governing those permitted uses,
where applicable. The adaptive reuse provisions of this subsection
apply only to designated historic buildings and not to historic sites
lacking a designated historic building. Designated historic buildings
are those buildings that have been designated by the federal and/or
state governments as contributing historic structures listed on the
National and/or State Registers of Historic Places, the Hudson River
National Historic Landmark District, or by local designation by the
Town Board of the Town of Rhinebeck.
(2)
The Planning Board may grant a special use permit, in accordance with Article VI of this chapter, to authorize actions that would otherwise not comply with the provisions of this chapter and that would allow the renovation, repair, and adaptive reuse of designated historic buildings. The granting of a special use permit also requires compliance with the site plan review requirements outlined in Article VII of this chapter. The Planning Board may grant relief from specific sections of the Zoning Law, as outlined below, without the necessity of an area or use variance from the Town Zoning Board of Appeals:
(a)
In order to permit conversions of designated historic buildings,
the Planning Board may grant a special use permit to modify the standards
in the District Schedule of Area and Bulk Regulations,[1] with regards to maximum density, minimum lot frontage,
maximum coverage, minimum lot width, and front, side and rear yard
setbacks to allow residential uses in a designated historic building
or in a proposed addition to a designated historic building, when
it can be demonstrated that the modification is necessary to preserve
the building. In addition to compliance with the general standards
for a special use permit, the applicant shall demonstrate that, if
the conversion were to cease in the future, the architectural integrity
of the designated historic building would be unimpaired.
[1]
Editor's Note: The Schedules of Area and Bulk Regulations are included as attachments to this chapter.
(b)
The Planning Board may grant a special use permit for conversions within designated historic buildings, in all residential zoning districts, to allow business and professional offices, an artisans shop and gallery, and an antiques shop, as such uses are defined in Article XIII of this chapter, when it can be demonstrated that the conversion is necessary to preserve the building. In addition to compliance with the general standards for a special use permit, the applicant shall demonstrate that, if the conversion were to cease in the future, the architectural integrity of the designated historic building would be unimpaired. Nothing herein shall prevent a residential use from continuing within the designated historic building, when a special use permit has been granted for conversion to allow business and professional offices, an artisans shop and gallery, or an antiques shop.
(3)
Dimensional and density requirements. The Planning Board may grant relief to the dimensional requirements listed under Subsection F(2)(a) without the approval of the Zoning Board of Appeals. In reviewing the application for an adaptive reuse special use permit, the Planning Board shall consider the following in making its determination:
(a)
Density. In determining the total number of proposed residential dwelling units, the Planning Board shall take into consideration traffic circulation, parking requirements and location, impact on the integrity of the designated historic building and the property, and the overall impacts to the general character of the district and neighborhood. In particular, the Planning Board will evaluate the aesthetic impacts to the designated historic building and the property from the proposed renovations, alterations, extensions or additions. Up to four residential dwelling units may be allowed on the lot(s) proposed for an adaptive reuse special use permit, provided the Planning Board makes a finding that such renovations, alterations, extensions or additions satisfy the stated objectives found in Subsection F(4) of this section.
(b)
Entrances and parking. Dwelling unit entrances shall not be visible from a public way. Multiple entrances visible from the public way may be allowed if consistent with the architectural style of the building or structure. Secondary means of egress, especially from upper stories, shall not be visible from the public way. On-site parking should be provided in accordance with Article V, § 125-36, of this chapter. The Planning Board shall endeavor to protect historic resources and may waive some or all of the parking requirements for such purposes. If more than six parking spaces are required, excess spaces shall be adequately screened or concealed in accordance with the requirements of Article V, § 125-36 (Off-street parking and loading standards), and Article V, § 125-57 (Landscaping standards), of this chapter.
(c)
Frontage, lot width and setbacks. For all new additions to designated historic buildings, the Planning Board may waive the dimensional requirements (except height) of the zoning district up to 50% if the project is consistent with Article V, § 125-55 (Preservation of natural and cultural features; design standards) of this chapter.
(4)
Use requirements. The Planning Board may grant relief to the use requirements listed under Article III of this chapter, without the approval of the Zoning Board of Appeals. In reviewing the application for an adaptive reuse special use permit to allow business and professional offices, an artisans shop and gallery, and an antiques shop within a designated historic building, the Planning Board shall consider the extent to which the proposal meets the following objectives:
(a)
Restore the exterior of the designated historic building whenever
feasible.
(b)
Consider the quality of original architecture and subsequent
modifications, current condition and relationship of the designated
historic building to the overall property or area when evaluating
the feasibility of restoration. The Planning Board shall use the Secretary
of the Interior's Standards for Rehabilitation and Guidelines for
Rehabilitating Historic Buildings as a guide to restoration of such
designated historic building.
(c)
Restore the existing formal and informal landscaping, stone
walls and entrance gates where feasible and applicable.
(d)
Contemporary design for extensions or additions shall not be
discouraged when such extensions or additions do not destroy significant
historical, architectural or cultural material, and such design is
compatible with the size, scale, color, material, and character of
the property, district and neighborhood.
(e)
Site new construction to have a minimum impact on the natural
environment. Unique natural areas and open spaces such as streams,
ponds, wetlands, steeply sloped areas, woodlands, and other sensitive
environments shall be preserved to the greatest extent practicable.
Where preservation is not practicable, appropriate mitigation measures
shall be used to avoid or reduce impacts on such natural resources,
as required by SEQRA.
[Amended 7-25-2016 by L.L. No. 5-2016]
(f)
The maximum floor area should not exceed 5% of the land included
in the project proposal.
(g)
The development shall be in harmony with the objectives of the
Town Comprehensive Plan and the Local Waterfront Revitalization Program.
H.
Enforcement. All work performed pursuant to a certificate of removal or demolition or certificate of economic hardship issued under this section shall conform to both any requirements included in Article X of this chapter 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 it 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.
I.
Violations and penalties.
(1)
Violations of the provisions of this section or violation of any application or statement submitted, certificate issued or permit approved under the provisions of this section, or otherwise taking part in or assisting in the violation, shall be considered an offense punishable in accordance with Article X of this chapter.
(2)
Other remedies. The opportunity for citation of violations of the
provisions of this section and related imposition of the penalties
herein prescribed for such offenses shall not preclude the Town or
any person from instituting an appropriate legal action or proceeding
in a court of competent jurisdiction to prevent either the unlawful
removal or demolition of an historic building or the conduct of such
work in a manner inconsistent with the requirements of both the demolition
permit and the underlying certificate of removal or demolition or
certificate of economic hardship, including the restraining of such
activity by injunction.
(3)
Role of the Town Attorney. The Town Attorney is authorized and directed
to cooperate with the Zoning Enforcement Officer and institute any
and all actions and proceedings necessary to timely enforce this section.
Any civil remedy pursued shall be in addition to and not in lieu of
any criminal prosecution and penalty.
J.
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 Section 106 of the New York
State Town Law by the Zoning Enforcement Officer or other appropriate
Town 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.
[Added 10-28-2019 by L.L.
No. 4-2019]
A.
Purpose and intent.
(1)
It is hereby declared, as a matter of public policy of the Town
of Rhinebeck, that the protection, enhancement and perpetuation of
historic and archaeological resources are necessary to promote the
economic, cultural, educational and general welfare of the public.
(2)
The Town of Rhinebeck finds that there exists within the Town
many vital and irreplaceable historic structures and resources that
have heretofore been afforded recognition, though not protection,
through their inclusion on the National Register of Historic Places
and Chapter 78 of the Town Code, also known as the "Historic Buildings
Protection Law," commonly referred to as the "Demolition Law."
(3)
Many of these buildings are referred to in § 125-62A of the Town Code. The Town of Rhinebeck Comprehensive Plan includes, as Appendix 4,[1] a document entitled "Rhinebeck — Historic Sites"
and a listing, and map, of historic sites having local, statewide
and/or national significance (hereinafter "Rhinebeck Inventory of
Historic Sites").
[1]
Editor's Note: Said appendix is on file in the Town Offices.
(4)
In addition, the Town recognizes that the Hudson River Valley
was inhabited by native peoples for thousands of years and that the
area now regulated by the Town was particularly well-suited to habitation
throughout human history. The Town believes that archaeological sites
within its boundaries are irreparable cultural resources and, to the
greatest extent possible, should be preserved for study.
(5)
Inasmuch as the identity of the people is founded on its past
and since the Town of Rhinebeck contains many historic, archaeological,
architectural and cultural resources that constitute and contribute
to its heritage, this law is intended to:
(a)
Identify and protect the historical and archaeological resources
that represent distinctive elements of Rhinebeck's historic, architectural,
archaeological and cultural heritage and the Town's sense of place
and its unique character;
(b)
Foster education and civic pride in the accomplishments of the
past;
(c)
Protect and strengthen Rhinebeck's attractiveness to residents
and visitors, while providing support and stimulus to the Town's economy;
and
(d)
Insure the harmonious, orderly and sufficient growth and development
of the Town in accordance with the goals and objectives of the Town's
Comprehensive Plan.
(e)
Provide a resource to the Town Planning Board and Town Board
in their review and approval of projects which have the potential
for negative impacts upon the Town's historical and archaeological
resources.
(6)
The provisions of this section are intended to supplement and complement the provisions of § 125-62 of the Town Code. The terms used in this section or in documents prepared or reviewed under this section of the Zoning Code shall have the meanings set forth in Article XIII of the Zoning Code, including, but not limited to, § 125-138.
B.
Historic and Archaeological Preservation Advisory Committee.
(1)
There is hereby created in the Town of Rhinebeck an advisory
committee which shall be known as the "Rhinebeck Historic and Archaeological
Preservation Advisory Committee."
(a)
The Advisory Committee shall consist of five members to be appointed
by the Town Board as follows: i) at least one member should be an
architect or restoration specialist experienced in working with historic
structures; ii) at least one member should be an historian; iii) at
least one member should be a person with working knowledge of archaeology;
iv) at least one member shall have demonstrated significant interest
in commitment to the field of historic preservation evidenced either
by an involvement in a local historic preservation group, employment
or voluntary activity in the field of historic preservation or other
interest in, and commitment to, the field; v) the other member shall
have a demonstrated interest in the preservation of historical, archaeological,
cultural and/or architectural resources within the Town of Rhinebeck.
The Town Historian shall act as an ex officio member of the Committee.
(b)
Committee members shall serve for a term of four years; however,
the initial term of one of the five members shall be one year, two
shall be two years, and two shall be three years.
(c)
The Chairperson of the Committee shall be appointed by the Town
Board. The Vice Chairperson shall be selected by the Committee.
(d)
The role and responsibilities of the Committee shall include,
but not necessarily be limited to:
[1]
Assist the Town Board in developing an annual budget
for the Committee for approval by the Town Board;
[2]
Administer rules and regulations which may be adopted
by the Town Board to carry out the duties of the Committee;
[3]
Recommend to the Planning Board or to the Town
Board, as the case may be, additional criteria for identification
of significant historical, archaeological, architectural and cultural
resources;
[4]
Conduct surveys to identify significant historical,
archaeological, architectural and cultural resources within the Town;
[5]
Recommend to the Town Board structures and/or resources
identified as local landmarks, historic districts and zones of archaeological
sensitivity;
[6]
Recommend the acquisition of easements or other
interests in real property as may be necessary to carry out the purposes
of this section;
[7]
Increase public awareness of the economic value
of historical, archaeological, architectural, and cultural preservation
by developing and participating in public education programs, which
include tax credits and identification of grants and other funding
resources; and
[8]
Make recommendations to the Town Board concerning
the utilization of state, federal or private funds to promote the
preservation of local landmarks and historical, archaeological, and
cultural resources within the Town.
[9]
Review applications to the Planning Board or the
Town Board, as the case may be, and make findings and recommendations
as set forth in this section.
(e)
The Committee shall meet at least monthly, but meetings may
be held at any time or on the call of the Chairperson or a majority
of the Committee.
(f)
A quorum for the transaction of business shall consist of three
of the Committee's members.
(g)
The Committee shall function in an advisory capacity, but shall
comply with the requirements of the New York State Open Meetings Law.
(2)
The Committee shall make recommendations to the Town Board for
the designation of structures and resources as local landmarks, historical
structures, historic districts and zones of archaeological sensitivity.
(a)
Individual properties shall be designated as an historic building, contributing building, local landmark or noncontributing building as those terms are defined in Chapter 125, Article VIII, § 125-138B of the Town Code. In making such recommendations, the Committee shall apply the criteria set forth in § 125-62E, and with the purposes and intent for protection of historic buildings and landmarks as set forth in § 125-62A of this Code. In addition, the Committee may consider one or more of the following factors as applicable in its designation.
[1]
Possesses special exterior character, historic
or aesthetic interest, or value as part of the broad, cultural, political
economic or social history of the Town, region, state or nation; or
[2]
Is identified with historic personages or the site
of an historic event in the Town, region, state or nation; or
[3]
Embodies the distinguishing characteristics or
a type, period, style, or method of architecture or engineering; or
[4]
Is the work of an important builder, designer,
artist or architect whose work has significantly influenced an age;
or
[5]
Because of its unique location or singular physical
characteristic, or landscape, topographical features, earthworks,
or streetscapes represents an established and familiar visual or aesthetic
feature of the neighborhood; or
[6]
Is significant for containing elements of exterior
design, details or craftsmanship which represent a significant innovation.
(b)
Groups of properties shall be designated as an historic district if they contain properties which meet one or more of the criteria for designation of an historic structure or local landmark. The boundaries of each historic district designated by the Town Board pursuant to this section shall be specified in detail and shall be filed, in writing, in the Town Clerk's office. For purposes of this Code provision, the Historic Preservation (HP20) District and the Rhinecliff Hamlet (RcH) Districts as those districts are defined in § 125-15 of the Town Code shall be deemed to be historic districts.
(c)
The Committee shall prepare a map, or other inventory, of known
cultural and natural resources utilizing the Cultural Resources Information
System, as established by the New York State Historic Preservation
Office (SHPO) and other resources to establish a mapping of zones
of archaeological sensitivity within the Town.
(d)
The recommendations of the Committee for identification of structures
and/or resources as local landmarks, historical structures, historical
districts and/or zones of archaeological sensitivity shall be submitted
to the Town Board for adoption as resource inventories.
(e)
The Town Board shall send notice of the proposed designation
by registered mail to the owner of each property recommended for designation
as an historic building, contributing building or local landmark.
(f)
The Town Board shall hold a public hearing prior to designating
any property as an historic building, contributing building, or landmark
and before designating a historic district or zone of archaeological
sensitivity. After the public hearing and review of public comments,
reports and other pertinent data, including input from the individual
property owners within such designated areas, the Town shall develop
its findings and vote to make or deny the historic designation and/or
zone of archaeological sensitivity. Any person aggrieved by a designating
determination by the Town Board pursuant to this section may appeal
such determination only by filing an Article 78 petition in the Supreme
Court, Dutchess County. No appeal from this designation may be made
to the Zoning Board of Appeals.
(g)
The Planning Board and/or Town Board, before taking any final action on any application before it, including, but not limited to, applications for special use permit, site plan review and approval, subdivision, expansion of a nonconforming use and applications pursuant to § 125-62 of the Town Code, for properties containing an historic building, contributing building or designated as a local landmark or within an historic district or zone of archaeological sensitivity as designated by the Town Board, shall follow the procedure set forth herein.
[1]
Any application to the Planning Board for special permit, subdivision and/or site plan approval for any property containing an historic building, local landmark, contributing building or within an historic district or within a zone of architectural sensitivity and all applications to the Planning Board for removal or demolition of a building pursuant to § 125-62 of the Code shall be referred to the Committee for its review and comment. The Committee shall, within 31 days after receipt of the referral, provide such comments and suggestions concerning the project if it determines that the action would have a substantial adverse effect on the aesthetic, historical, architectural significance and value of the individual historic structure or landmark or on the Historic District and make appropriate recommendations to the Planning Board for conditions and/or modifications to the project which may mitigate those impacts. If the project is within a zone of architectural sensitivity, the Committee shall make recommendations to the Board for the imposition of conditions and/or modifications to the project which will serve to protect the archaeological resources of that property to the maximum practical extent. The Board, upon receipt of those comments and suggestions, shall take them into consideration in making its ultimate determination, but the Board shall not be bound by those recommendations and comments from the Committee.
[2]
The Planning Board shall provide a copy of the
complete application before it to the Committee for utilization in
its review process. The Committee may request such other documentation
and records as it deems necessary from the applicant in conducting
its review and formulating its recommendations and comments. The Committee
may also perform a site visit of the property.
[3]
For every action which does not require permitting
and/or other approval from the Planning Board, but does require the
issuance of a building permit by the Town's Building Inspector, the
Building Inspector shall refer that application to the Planning Board
for its determination as to whether or not that project has the potential
for adversely impacting the historic building, historic district or
landmark district or the archaeological resources of that property.
If it is determined by the Board that there is such potential for
adverse impact, the application shall be referred to the Committee
for its review and comments and suggestions which the Board may then
impose as a condition of the issuance of a building permit protecting
the historic character, district or archaeological resources of the
property.
(h)
For any matter referred to the Committee, if the Committee does
not respond, in writing, to the Board within 31 days of its receipt
of the referral, the Planning Board, or Building Inspector, as the
case may be, may proceed to act upon the application before it without
the necessity of consideration of any opinion or recommendation from
the Committee.
(i)
In the event the Planning Board, or the Town Board, as the case
may be, determines not to follow the recommendations of the Committee,
the Board shall set forth in the record its intent not to follow the
recommendations and the reasons supporting such decision.
(j)
Any property owner aggrieved by a determination made by the Planning Board and/or Building Inspector pursuant to this Code section shall have the right to appeal any determination of the Board or Building Inspector to the Zoning Board of Appeals in accordance with the provisions of Article XI of the this chapter.
[Amended 3-12-2012 by L.L. No. 1-2012; 6-26-2017 by L.L.
No. 3-2017[1]
A.
Purpose and intent.
(1)
The Town of Rhinebeck recognizes that a full range of housing options
is vital to the promotion of a diverse and balanced community and
economy, including schools and civic institutions. The Town recognizes
that individuals with low and moderate incomes, who work in the Town
and/or provide volunteer services to the Town, should have opportunities
to find housing that is affordable to them within the Town. The Town
also recognizes that a regional shortage of affordable housing adversely
affects the quality of life of its residents and threatens to undermine
local economic and cultural diversity. A sound Affordable Housing
Program aids in the recruitment and retention of local businesses
and their work forces, which are essential to the welfare of the Town.
Because of the above, the Town has determined to provide increased
opportunities for affordable housing to households with annual incomes
near or less than the area median income.
(2)
Specifically, the intent of the regulations in this section is to
achieve affordable housing opportunities through a variety of methods,
which include the following:
(a)
Construction of affordable housing as an integral part of a
residential development;
(b)
Payment of a fee in lieu of the construction of affordable housing
to be used by the Town to purchase, subsidize the purchase of, and/or
construct affordable housing units;
(c)
Construction of affordable housing units at other locations
within the Town;
(d)
A combination of the above; and
(e)
The granting of density bonuses. The Town Board has determined
that it is appropriate to make adjustments to permissible density
for the specific purpose of encouraging additional affordable housing,
consistent with the Town Comprehensive Plan, in return for:
(3)
The Town of Rhinebeck Comprehensive Plan recognizes that the availability of diverse housing choices is critical for the economic vitality of the Town and advocates use of appropriate proactive strategies to ensure housing opportunities exist for persons with diverse income levels, with particular emphasis placed on providing housing opportunities to persons who work in Rhinebeck and who are essential to maintaining the quality of life in the Town, such as Fire Department volunteers, employees of the Town, schools, hospitals and local merchants. The Town believes this § 125-63 achieves the aims of the Comprehensive Plan in a manner which is feasible.
B.
Definitions and mathematical rounding convention.
(1)
AFFORDABLE HOUSING APPLICANT
AFFORDABLE HOUSING BUYER
AFFORDABLE HOUSING PLAN (FINAL)
AFFORDABLE HOUSING PLAN (PRELIMINARY)
AFFORDABLE HOUSING PROGRAM
AFFORDABLE HOUSING RENTAL APARTMENT
AFFORDABLE HOUSING RENTAL BUILDING
AFFORDABLE HOUSING SALES UNIT
AFFORDABLE HOUSING TRUST FUND ACCOUNT
AFFORDABLE HOUSING UNIT
AREA MEDIAN INCOME
CAPITAL IMPROVEMENTS
CONSUMER PRICE INDEX
DENSITY BONUS
DESIGNEE
DEVELOPER
DEVELOPER AFFORDABLE HOUSING IN LIEU OF FEE
DEVELOPER DENSITY BONUS FEE
FORECLOSURE EVENT
HOUSEHOLD INCOME
HOUSING EXPENSES
INITIAL PRICE OF AN AFFORDABLE HOUSING SALES UNIT
LANDLORD
LESSEE
MARKET-RATE APARTMENT
MARKET-RATE SALES UNIT
MULTIFAMILY DWELLING
OPEN SPACE AND AFFORDABLE HOUSING COMMITTEE (OSAHC)
PERSON
PRIMARY PLACE OF RESIDENCE
SELECTION PRIORITIES
UNIT
As used in this section, the following terms shall have the meanings
indicated:
An affordable housing applicant shall include all family
members who have reached the age of 18 years and who will occupy the
affordable housing unit as their primary residence.
A buyer of an affordable housing sales unit.
A plan approved by the Planning Board in conjunction with
the application for a subdivision and/or special use permit, including
any density bonus, which prescribes how the developer of proposed
construction, development or subdivision will meet its affordable
housing obligations.
A plan for affordable housing to be submitted to the Planning
Board by a developer for construction, subdivision and/or special
use permit to be reviewed by the Planning Board, in conjunction with
review of the application for construction, subdivision or special
use permit including any density bonus, which plan describes how the
developer will meet its affordable housing obligations, if any.
A plan to furnish housing to persons whose income is below
110% of the area median income, including a workforce housing program
directed to persons who work in either the Town or Village of Rhinebeck
or in nearby municipalities.
A single rental apartment in a multifamily dwelling which
does not cost, including utilities (such as heat, hot water and electric),
a household having an income of 80% of the area median income:
A multifamily dwelling which contains one or more affordable
housing rental apartment(s).
A single unit offered for sale having a sales price which
does not cost a household having an income of 100% of the area median
income:
A separate bank account maintained by the Town in which funds received and withdrawals made relating to the Affordable Housing Program are to be maintained and used as further specified in § 125-63F.
An affordable housing sales unit or an affordable housing
rental apartment.
The median annual income figures adjusted for family size,
calculated annually by the United States Department of Housing and
Urban Development (HUD) for the Hudson Valley which contains the Town
of Rhinebeck (which figures may be available through the Dutchess
County Planning and Development Department); in the event that HUD
ceases publication of that data, another study selected by the Town
Board by resolution after public hearing showing area median income
for a region which includes the Town of Rhinebeck and the surrounding
area.
Any addition or alteration of real property that substantially
adds to the value of the real property or appreciably prolongs the
useful life of the property and becomes part of the real property
or is permanently affixed to the real property so that removal would
cause material damage to the property or article itself and is intended
to become a permanent installation; for example, building a deck,
installing a hot water heater, or installing kitchen cabinets.
"Consumer Price Index" shall mean the latest published version
by the United States Bureau of Labor Statistics of the Consumer Index
for All Urban Consumers (CPI-U) for the New York-New Jersey/Long Island
Metropolitan Area. In the event that such index is no longer published,
another comparable price index shall be selected by the Town Board
by resolution after public hearing.
A right granted pursuant to this section to exceed the density of permitted units in any residential zoning district under the Town Zoning Code by up to 15% of the otherwise permissible number of units, except in multifamily dwellings. For example, in a zoning district having a minimum lot size of 10 acres, if a parcel is 100 acres, up to 10 units are allowed plus a density bonus of up to 1.5 additional units, subject to rounding as provided in this Subsection B(2).
One or more community-based not-for-profit entities [as defined in Section 501(c)(3) of the Internal Revenue Code] and/or for-profit entities, in either case entities that are devoted to the expansion of decent, safe and affordable housing in Dutchess County, as selected from time to time by the Town Board by resolution after public hearing, to carry out, as set forth in a written agreement between the Town and the designee, including one or more of the duties specified in § 125-63H(10); 125-63I(3); 125-63J(1), (2), (3), (4) and (5); 125-63K(1), (2) and (3); 125-63N(10); 125-63O(3); and 125-63U.
A person who proposes to build for income production for
that person 10 or more market-rate sales units and/or market-rate
apartment units on a single or adjacent parcels, lots, plats or sites.
A fee to be paid to the Town by a developer in lieu of the
construction of affordable housing units where permitted, which funds
are to be deposited by the Town in its Affordable Housing Trust Fund
account.
A fee to be paid to the Town, which funds are to be deposited
by the Town in its Affordable Housing Trust Fund account, by a developer
for a density bonus.
A judgment of foreclosure, the issuance of a deed in lieu
of foreclosure, the exercise of a trustee's power of sale in the event
of a default or the equivalent of any of the foregoing, obtained and/or
exercised by an institutional lender holding a mortgage or deed of
trust for an affordable housing sales unit or affordable housing rental
building.
Gross income of the affordable housing applicant received
annually from all sources by all wage earners in a household, including,
but not limited to, wages and salary, child support, alimony, interest,
dividends, Social Security benefits, Veterans Administration benefits,
overtime pay, unemployment insurance benefits, bonus payments, pension
and retirement benefits, long-term disability benefits, and other
annuities or stipends received.
The sum of mortgage principal and interest, taxes, homeowner
insurance and other expenses of homeownership, including common charges
and fees, if any. The rate of interest for computing housing expenses
shall be 3.5% or as otherwise set by the Town Board from time to time
by resolution after public hearing.
The initial price of an affordable housing sales unit shall be determined as specified in Subsection J.
The owner of a multifamily dwelling which contains one or
more affordable housing rental apartments.
The person or persons signing the lease for an affordable
housing rental apartment.
An apartment that is not an affordable housing rental apartment,
but in the same building as, or in an adjacent building to, the affordable
housing rental apartment.
A housing unit that is not an affordable housing sales unit,
but is in the close vicinity of an affordable housing sales unit.
A "dwelling, multifamily" as defined in Town Code § 125-135 as a building containing separate living units for three or more families, including apartment buildings, townhouses and row houses, regardless of the form of ownership (condominium, fee simple, rental) and also regulated by Town Code § 125-68B and § 125-68C.
A committee appointed by the Town Board to assist in the administration of the Town's Affordable Housing Program, as provided in Town Code § 125-63U.
An individual, partnership, corporation, other legal entity,
including other persons if controlled by, or affiliated with, the
same person.
Place where a person resides for 184 days or more in a calendar
year.
The priorities specified in Town Code § 125-63I(3).
A house, apartment, or other residential living space.
(2)
Where a provision of this § 125-63 provides for calculations which do not result in whole numbers, except as otherwise provided, resulting fractions shall be rounded down, or up, to the nearest whole number, and 0.5 shall be rounded up. For example, 10% of a twelve-unit development equals 1.2, which is rounded down to one unit; and 10% of a fifteen-unit development equals 1.5, which is rounded up to two units.
C.
Affordable housing requirements for new residential construction
and conversions in all districts.
(1)
Options available. Developers shall, at their option, meet their
affordable housing obligation, except in Village Gateway (VG) (R6000)
and Active Senior Housing-Floating (ASH-F) Districts and except for
multifamily dwellings, as follows:
(a)
By payment to the Town of a developer affordable housing in lieu of fee, as applicable, as set forth in § 125-63D with respect to each unit; or
(b)
By building 10% of the total units as affordable housing sales units on site (for the avoidance of doubt, if 10 units are built, at least one unit shall be set aside as an affordable housing sales unit); and, if so, no additional requirement under § 125-63C must be met; or
(c)
By construction of the required affordable housing sales units
at another site elsewhere in the Town of Rhinebeck or Village of Rhinebeck,
which site the Town Board determines, in its sole discretion, to accept
as appropriate for the construction of affordable housing sales units;
or
(d)
By utilizing a combination of the above.
(2)
Village Gateway (R1000) and Active Senior Housing Floating Districts.
Developers of construction in the Village Gateway (R6000) and Active
Senior Housing Floating Districts, except for multifamily dwellings,
shall meet their affordable housing requirements, as follows:
(a)
If 10 or more units are to be built, 10% of the total units
in the development or subdivision in the Village Gateway (R6000) and
the Active Senior Housing Floating Districts shall be affordable housing
sales units.
(3)
Multifamily dwellings. A developer seeking to construct a multifamily
dwelling and/or convert an existing structure into a multifamily dwelling
shall meet its affordable housing requirements as follows:
(b)
If there is no applicable affordable housing requirement in Town Code § 125-68:
[1]
At least one unit shall be affordable as defined herein and, if so, this shall fully satisfy the affordable housing requirements under this § 125-63C; or
[2]
By payment to the Town of a developer affordable housing in lieu of fee as set forth in § 125-63D with respect to each unit in the multifamily dwelling [unless one of the exceptions set forth in Town Code § 125-63D(2) applies]; or
[3]
By utilizing a combination of the above.
D.
Developer affordable housing in lieu of fee.
(1)
Amount. The developer affordable housing in lieu of fee shall be
determined for units which are not affordable housing sales units,
based on exterior square footage of all floors to be constructed,
including attics, basements and cellars, except crawl spaces, at such
amount as determined by the Town Board from time to time by resolution
after public hearing. The amount of such fee shall be stated in the
Town's Schedule of Fees. The developer affordable housing in lieu
of fee shall be payable by developers to the Town on all newly constructed
residential structures. Such fee, when paid, shall be deposited by
the Town in its Affordable Housing Trust Fund account. For example,
assuming the developer affordable housing in lieu of fee is $1 per
square foot, if a developer is building 20 units which are not in
the Village Gateway (VG) (R6000) District or in the Active Senior
Housing Floating District and each unit has 2,000 square feet as determined
by the Town's Building Department, the developer would pay $40,000
(i.e., 20 units x 2,000 sq. ft. x $1) to the Town; if the 20 units
are to be built in the Village Gateway (VG) (R6000) District or in
the Active Senior Housing Floating District, two units must be affordable
housing sales units.
(2)
Exceptions. No developer affordable housing in lieu of fee shall
be payable on:
(3)
Payable. The developer affordable housing in lieu of fee shall be paid in conjunction with the fee for the certificate of occupancy, which, under § 125-63G(4), may be in connection with phased construction, and shall be a prerequisite to such issuance.
E.
Density bonuses.
(1)
Availability. Pursuant to the provisions of this § 125-63E of the Zoning Code, the density limits specified in this chapter for various zoning districts may be lawfully exceeded by virtue of a density bonus as defined herein in § 125-63B. Except for multifamily dwellings, developers may qualify for a density bonus by (a) construction of affordable housing sales units, or (b) payment of a developer density bonus fee [except in the Village Gateway (VG) (R6000) and Active Senior Housing Floating Districts, where the density bonus is to be given only for construction of affordable housing sales units]. Developers who wish to construct additional units by virtue of a density bonus shall so state in the plan presented to the Planning Board.
(2)
Eligibility. The developer density bonus will apply to projects located
on a single parcel, or on contiguous parcels under common control,
which are of sufficient size as to allow for the development of at
least 10 units under the allowable density for that parcel or parcels
under the Town Zoning Code. For example, in a zoning district having
a five-acre minimum lot area, eligibility for a developer density
bonus would require at least 50 buildable acres; in a zoning district
having a ten-acre minimum lot area, eligibility for a density bonus
would require at least 100 gross acres; and in a zoning district having
a minimum lot area of 20 acres, eligibility for a density bonus would
require at least 200 gross acres.
(3)
Fee. The developer density bonus fee shall be determined for units
to be built by virtue of a density bonus based on exterior square
footage of all floors to be constructed, including attics, basements
and cellars, except crawl spaces, or such other dollar amount as determined
by the Town Board from time to time by resolution after public hearing.
The amount of such fee shall be stated in the Town's Schedule of Fees.
The developer density bonus fee shall be in addition to the developer
affordable housing in lieu of fee on the same unit. The developer
density bonus fee, when paid, shall be deposited by the Town in its
Affordable Housing Trust Fund account. For example, a developer owning
100 acres in a ten-acre zone could build 10 units. If that developer
wants a density bonus and wants to build four-thousand-square-foot
homes, the density bonus would allow two additional homes (i.e., 15%
density bonus x 10 units = 1.5, rounded up to 2.0), totaling 8,000
square feet. Assuming the developer density bonus fee is $10 per square
foot, the developer would pay $80,000 (i.e., 8,000 sq. ft. x $10)
for the developer density bonus fee plus the developer affordable
housing in lieu of fee.
(4)
Fractional units. A developer density bonus is subject to the rounding provision in § 125-63B(2). For example, in a ten-acre district, on a parcel of 160 acres, a developer may construct 16 units. Using this example, if a density bonus is sought, the maximum density bonus would be 2.4 units (15% x 16 = 2.4, which is rounded down to two additional units).
(5)
Payable. The developer density bonus fee shall be paid in conjunction
with the fee for the first certificate of occupancy in the project,
regardless of whether the first unit is a market-rate sales unit or
an affordable housing sales unit and shall be a prerequisite to such
issuance. If the developer's affordable housing plan includes payment
of both a developer affordable housing in lieu of fee and a developer
density bonus fee, the first units to receive a certificate of occupancy
shall be deemed to be constructed pursuant to the density bonus.
F.
Affordable Housing Trust Fund account.
(1)
The Town hereby establishes an Affordable Housing Trust Fund, to
be kept in a separate bank account established by the Town and to
be used for only the following purposes:
(a)
Funding of costs to be incurred by the Town in the implementation,
administration and enforcement of the Affordable Housing Program established
by this section, as well as funding of such future affordable housing
programs as the Town may otherwise establish by legislation, order,
or resolution;
(b)
The purchase, support and/or development of affordable housing
at locations within the Town of Rhinebeck and the Village of Rhinebeck,
and to further the Town's affordable housing goals;
(c)
Defraying consulting and legal fees and expenses incurred, or
to be incurred, by the Town in the establishment of such Affordable
Housing Programs;
(d)
Defraying the cost of improvements to municipal infrastructure,
including but not limited to roads, water, sewer, and drainage improvements,
to the extent such capital expenditures are incurred in order to promote
the development of affordable housing;
(e)
Holding the proceeds of public grants or loans to the Town to
promote affordable housing opportunities, administration and/or enforcement,
as well as accepting private monetary contributions to the Town for
that donative purpose;
(f)
Transferring to the Affordable Housing Trust Fund account money
heretofore received by the Town for use to advance affordable housing
and currently kept in the Town's trust and agency bank account;
(g)
Any other purpose authorized by state or local law in connection
with the expansion or improvement of affordable housing opportunities
within the Town, including but not limited to establishment, to the
extent authorized by law, of a program of grants or loans to not-for-profit
or for-profit entities.
(2)
The Town shall keep a record of the developer affordable housing
in lieu of fees paid, developer density bonus fees paid, and other
debits to the Affordable Housing Trust Fund account, as well as credits
to such account. The balance of funds recorded in the Affordable Housing
Trust Fund account shall be determinable at all times by the Town
and a report of such balance shall be made available monthly to the
Town Board and upon request to the OSAHC.
G.
Standards for all affordable housing sales units in developments.
(1)
Integration. A developer who builds affordable housing sales units
within a development shall have such units constructed to be physically
and visually integrated into the design of the residential housing
development and interspersed among the market-rate sales units.
(2)
Dwelling unit type and size. Affordable housing sales units may be
located in multifamily, single-family attached or single-family detached
dwellings and may be studio, one-, two-, three- or four-bedroom units,
except as otherwise specified in this section.
(3)
Design of affordable units. If affordable housing sales units are to be constructed adjacent to the market-rate sales units, the exteriors of the affordable housing sales units shall resemble, to the fullest extent practicable, in construction and appearance the market-rate sales units of the same unit type. Interiors of affordable housing sales units need not be the same as market-rate sales units, except affordable housing sales units shall have at least the same number and size of bedrooms as the average number and size of bedrooms in similar market-rate sales units constructed or planned. Such average is subject to the rounding provision in § 125-63B(2). For example, if the average number of bedrooms is 2.6, three bedrooms would be required in affordable housing sales units.
(4)
Phasing. For all phased developments, the construction of required
affordable housing sales units shall occur proportionately with the
construction of the market-rate sales units in the development in
the following manner:
(a)
No certificates of occupancy for affordable housing sales units
are required to be obtained prior to the time 20% of the project's
total units receive certificates of occupancy.
(b)
Twenty-five percent of the required affordable housing sales
units must be issued certificates of occupancy by the time 40% of
the project's total units have received certificates of occupancy.
(c)
Sixty percent of the required affordable housing sales units
must be issued certificates of occupancy by the time 60% of the project's
total units have received certificates of occupancy.
(d)
Ninety percent of the required affordable housing sales units
must be issued certificates of occupancy by the time 80% of the project's
total units have received certificates of occupancy.
(e)
One hundred percent of the required affordable housing sales
units must have received certificates of occupancy by the time 100%
of the project's total units have received certificates of occupancy.
H.
Application review procedures for affordable housing sales units.
(1)
(2)
Affordable housing construction. If the affordable housing requirement
will be met by construction, the application to the Planning Board
should include a preliminary affordable housing plan (preliminary).
The submitted plan should address:
(a)
The number, type, size, count of bedroom(s) for each affordable
housing unit and each market-rate sales unit.
(b)
The developer's plan for construction of affordable housing
sales units, including a phasing plan if those units are to be phased.
(c)
Density bonus: if the developer intends to qualify for a density
bonus, the number of units to be built pursuant to the density bonus.
(d)
Other information: any other documentation or information which
the Planning Board determines it will require to evaluate the plan.
(3)
Contents of affordable housing plan. The Planning Board shall meet
with the developer as part of any sketch plan or conceptual approval
to review the affordable housing plan (preliminary), and shall determine
if additional documentation, information and/or materials must be
included in the plan. If the developer plans to construct affordable
housing sales units, OSAHC shall be invited to the meeting.
(4)
Referral to the OSAHC. If the developer plans to construct affordable
housing sales units or to use a density bonus, the Planning Board
shall refer the plan to the OSAHC for its review and recommendation.
(5)
Recommendation of the OSAHC. Upon receipt of a referral from the
Planning Board, the OSAHC shall review the affordable housing plan.
Upon completion of its review, the OSAHC shall make a recommendation
to the Planning Board that the Plan be: (i) denied; (ii) approved;
or (iii) approved with modifications to the plan to be required by
the Planning Board. If the OSAHC recommends denial or approval, the
recommendation of the OSAHC shall be in writing and shall contain
an explanation of the basis of the recommendation. The OSAHC shall
issue its written recommendation within 30 days of the referral to
the OSAHC by the Planning Board or, if additional documentation or
information is required by the OSAHC to make its recommendation, within
30 days of submission of all required documentation or information
to the OSAHC. If the OSAHC requires additional time to conduct its
review, it may request such additional time from the Planning Board.
Unless the OSAHC requests and is granted additional time for its review,
in the event the OSAHC fails to act within the thirty-day period (or
within any extended period), the Planning Board may take action on
the affordable housing plan without the recommendation of the OSAHC.
(6)
Approval of affordable housing plan. If, after receiving the recommendation
of the OSAHC and advice from the Attorney for the Planning Board,
the Planning Board approves the affordable housing plan, a copy of
the final affordable housing plan shall be filed with the Planning
Board Clerk, within five business days of the Planning Board's approval
of the application. A copy of the affordable housing plan (final)
shall be provided to the Zoning Enforcement Officer to ensure compliance
with the terms of the affordable housing plan approved by the Planning
Board. A copy of the affordable housing plan (final) should also be
provided to the OSAHC.
(7)
Notation on approved site plans and plat. If affordable housing sales
units will be constructed, all approved site plans must contain a
notation that affordable housing units will be built and such site
plans must be filed with Dutchess County and the developer shall file
with the Town Planning Board Clerk proof of such filing. Also, if
affordable housing sales units will be constructed, the Planning Board
shall require the developer to include a notation on the final subdivision
plat which makes clear that the project is subject to certain affordable
housing conditions and those conditions should be set forth as notes
on the map or plat. The notation shall also make reference to the
final affordable housing plan. The plat shall designate which units
are affordable housing sales units, if any, and which units are constructed
pursuant to a density bonus, if any.
(8)
Declaration for affordable housing sales units. The developer shall
prepare for review by the Attorney for the Planning Board a declaration
setting the requirements of the final affordable housing plan. The
declaration shall provide:
(a)
The affordable housing applicant shall use the affordable housing sales unit as the primary place of residence for the affordable housing applicant and his/her family and shall submit to the Town or its designee on the date of purchase, and thereafter from time to time as requested by the Town or its designee, a sworn certification stating that the owner(s) occupies the affordable housing sales unit as his/her primary place of residence. If the affordable housing applicant is not in compliance, the affordable housing applicant will sell the affordable housing sales unit for the price specified in § 125-63J(4) to a purchaser identified by the Town or its designee, after notice from the Town or its designee. If the affordable housing sales unit is not sold within 180 days, the provisions of § 126-63K(3) and § 126-63K(4) shall apply.
(b)
If the owner(s) of the affordable housing sales unit dies, at least one heir, legatee or other person taking title by will or by operation of law having a household income which does not exceed that to be eligible for an affordable housing sales unit must occupy the affordable housing sales unit as his/her primary place of residence. If the new owner(s) is not in compliance, the new owner(s) will sell the affordable housing sales unit for the price specified in § 125-63J(4) to a purchaser identified by the Town or its designee, after notice from the Town or its designee. If the affordable housing sales unit is not sold within 180 days, the provisions of § 126-63K(3) and § 126-63K(4) shall apply.
(c)
Renting or subleasing of the affordable housing sales unit is
prohibited, except as provided in this subsection. After public hearing,
the Town may waive by resolution for a temporary period of up to two
years the prohibition against renting or subleasing an affordable
housing sales unit for good cause, including but not limited to a
temporary job transfer, medical care needs for the lessee or family
member requiring a temporary move.
(d)
If such waiver is granted in writing by the Town, the lessee shall be a person who would be eligible to purchase the unit under § 125-63I(1). The Town shall establish the allowable rent that the owner(s) may charge during the temporary rental or subleasing period. This allowable rent shall not exceed the total of principal and interest payments on the mortgage, real estate taxes, homeowner's insurance, reasonable expenses attendant to the maintenance of the affordable housing sales unit and any other expense allowed by the Town Board itself or by the Town Board upon recommendation by the designee. If the owner(s) retains responsibility for the payment of some or all of the utility expenses and maintenance costs, these expenses may be added to the allowable rent. An increase in the allowable rent may be permitted after one year, if the owner(s) shows that there has been an increase in the costs used to determine the allowable rent. Such allowable rent increase must be approved in writing by the Town Board itself or by the Town Board upon recommendation by the designee.
(e)
The affordable housing sales unit shall remain as such in perpetuity,
except in the event of a foreclosure event, and subject to the restrictions
on occupancy, rental and resale.
(f)
An owner of an affordable housing sales unit who wishes to sell or refinance that affordable housing sales unit shall notify the Town or its designee of his/her intent to sell or refinance, and may request a resale price determination. The Town Board itself or the Town Board upon recommendation by the designee will determine the resale price as set forth in § 125-63J(4) based upon the purchase price paid by the then owner, increased or reduced by the Consumer Price Index, plus depreciated capital improvements made by the then owner, which improvements received prior written approval by the Town. Such improvements must be evidenced by reasonable documentation as determined by the Town Board itself or by the Town Board upon recommendation by the designee.
(g)
The right to enforce the terms, covenants, agreements, conditions
and restrictions in the declaration against buyers of the affordable
housing sales unit shall belong to the Town. In the event of any violation
or threatened violation of any of the terms, covenants, agreements,
conditions and restrictions provided for in the declaration, the Town
will have, in addition to the right to collect damages, the right
to enjoin such violation or threatened violation in a court of competent
jurisdiction. In the event legal redress is sought, the prevailing
party shall recover the reasonable fees of its attorney and costs.
These remedies are cumulative and are not intended to be exclusive
of any other remedies or means of redress to which the Town may be
lawfully entitled in case of any breach, or a threatened breach, of
any provision of the declaration. Failure to insist in any one or
more cases upon strict performance of any of the terms, covenants,
agreements, conditions and restrictions in the declaration, or to
exercise any remedy, shall not be construed as a waiver or a relinquishment
for the future of such terms, covenants, agreements, conditions, restrictions
or remedies. The Town Board, after public hearing, may waive, in whole
or in part, the application of any terms, covenants, agreements, conditions
and restrictions in the declaration that apply to any or all of the
affordable housing sales units. Such waiver must be by written instrument
signed by a duly authorized representative of the Town.
(9)
Recording of declaration. After approval by the Attorney for the
Planning Board, the developer shall record, within 15 days and at
its own expense, the declaration in the land records in the Dutchess
County Clerk's office, with respect to each parcel which will have
an affordable housing sales unit. The developer will provide to the
Attorney for the Planning Board, the Planning Board Clerk, and the
designee, a copy of the recorded declaration within 15 days of filing,
showing the receipt stamp of the Dutchess County Clerk.
(10)
Other procedures prescribed by the Town Board. The Town Board
may prescribe such other procedures and requirements as it deems necessary
for the submission and approval of the affordable housing plan by
local law or resolution as advised by the Attorney for the Town.
I.
Determining eligibility of affordable housing applicant.
(1)
Income limits. To be eligible to purchase an affordable housing sales
unit, the affordable housing applicant's aggregate annual income shall
not exceed 100% of the area median income or such greater or lesser
percentage fixed by the Town Board from time to time by resolution
after public hearing.
(2)
Other assets. The Town Board may provide by resolution, after consultation
with the OSAHC and a public hearing, such additional requirements
for eligibility to purchase an affordable housing sales unit, including
a limitation on family assets, and minimum income requirements.
(3)
Selection priorities. Once an affordable housing applicant is determined
to be eligible, by the Town Board itself or by the Town Board upon
recommendation by the designee, to buy an affordable housing sales
unit, based upon the above income limits, priority shall be given
to affordable housing applicants as follows:
(a)
Category 1: 10 points will be assigned to members of the Rhinebeck
Police Department and to active volunteer firepersons or rescue squad
or other emergency services personnel in the Town of Rhinebeck or
Village of Rhinebeck.
(b)
Category 2: nine points will be assigned to employees of the
Town of Rhinebeck or Village of Rhinebeck, employees of the Rhinebeck
Central School District, employees of Northern Dutchess Hospital,
and volunteers who have been appointed by the Town of Rhinebeck or
Village Board to a Town or Village board or committee and have served
on such board or committee for a minimum of six months.
(c)
Category 3: eight points will be assigned to employees of farm
operations in the Town of Rhinebeck or to health-care workers employed
in nursing homes in the Town of Rhinebeck or other similar related
health or social services providers serving the Town of Rhinebeck
or Village of Rhinebeck.
(d)
Category 4: seven points will be assigned to a resident of the
Town of Rhinebeck or Village of Rhinebeck.
(e)
Category 5: five points will be assigned to an employee of a
business located within the Town of Rhinebeck or Village of Rhinebeck.
(f)
Category 6: four points will be assigned to a resident of Dutchess
County outside of the Town of Rhinebeck or a person employed outside
of the Town of Rhinebeck but elsewhere in Dutchess County.
(g)
Category 7: three points will be assigned to a single parent
of a minor child or children. Children shall be included in the household
of the custodial parent or guardian. In cases of shared/joint custody
(50% with each parent/guardian), each household may include the child
in its household. Affordable housing applicants must provide legal
documentation of custody arrangements. Married couples who are separated
must provide a copy of a legal separation agreement, judgment of separation
or other evidence of such separation, in order not to be considered
part of the household for eligibility purposes.
(h)
Category 8: two points will be assigned to disabled persons,
first-time homebuyers, those 62 years of age or older or to veterans.
(i)
Category 9: one point will be assigned to immediate relatives
of a resident of the Town of Rhinebeck or Village of Rhinebeck or
to an employee of New York State or a federal agency located in Dutchess
County or to an employee of a municipal or local authority located
in Dutchess County.
(j)
Category 10: 1/2 point will be assigned to all others.
(4)
Multiple category priority. An affordable housing applicant who qualifies
to receive points under more than one category shall receive points
under each such category, and the points under each category shall
be totaled to calculate the affordable housing applicant's selection
priority.
J.
Determining price for initial sale, refinancing and resale of affordable
housing sales units.
(1)
Obtaining a sales price. An owner of an affordable housing sales
unit who wishes to sell or refinance that affordable housing unit
must notify the Town and the designee of his/her intent to sell or
refinance, and may request a resale price determination. The Town
Board, with the advice of the designee and the OSAHC, will arrive
at a price determination.
(2)
Determination. The sales price for each affordable housing sales
unit will be determined from time to time by the Town Board, at such
time as the owner notifies the Town Board and its designee that an
affordable housing unit will be sold or refinanced. The designee,
within 30 days, will recommend to the OSAHC and to the Town Board
an allowable sales price for the affordable housing unit, with such
recommendation based on establishing a price that is deemed affordable
for an affordable housing applicant.
(3)
Calculation of sales price. The sales price of an affordable housing
sales unit will be calculated based on: (i) the information gathered
by the designee, and (ii) the assumptions as set forth below:
(a)
Housing expenses shall not exceed 30% of 100% of the area median
income, or such percentage of the area median income selected from
time to time by the Town, based on the number of bedrooms in the unit;
and
(b)
The area median income, or such percentage of the area median
income determined by the Town Board from time to time by resolution
after public hearing, for affordable housing units shall be based
on 1.5 persons per bedroom. Thus, for a two-bedroom affordable housing
sales unit, the area median income, or such percentage of the area
median income selected from time to time by the Town, for a three-person
household will be used in the calculation. Where this calculation
results in a fractional number (e.g., 1.5), the household income used
will be the mid-point between the household income of the adjacent
household sizes (i.e., midpoint between area median income for a one-person
and two-person household);
(c)
The initial principal of a conventional thirty-year fixed-rate
mortgage using the prevailing interest rate developed by the Neighborworks
Homeownership Center of Dutchess County, Dutchess County Department
of Planning and Development or, at the Town's discretion, compiled
by the Town or its designee, from a sample of lenders determined by
the Town or its designee, and a review of mutually agreed upon interest
rate forecasts from third-party sources such as regulated banks, investment
institutions, Fannie Mae/Freddie Mac and other mortgage lenders;
(d)
A downpayment calculated by dividing the initial principal of the conventional thirty-year fixed-rate mortgage, as determined in § 125-63J(3)(c), by 0.95, or by such amount determined by the Town Board from time to time by resolution after public hearing, and subtracting the initial principal of a mortgage determined in § 125-63J(3)(c) from the result.
(4)
Calculation of subsequent sales prices. The initial resale price and each subsequent resale price will be the purchase price paid by the then owner, increased or reduced by the Consumer Price Index since the date of purchase by the then owner, plus depreciated capital improvements made by the then owner, as determined by the Town Board itself or by the Town Board upon recommendation by the designee, plus the amount payable by the owner to the designee under § 125-63K(2) or payable by the owner to the real estate agent, if any.
(5)
Resale procedures. Procedures on resale will also be determined by
the Town Board in consultation with its designee, which procedures
may include the designee maintaining a list of potential purchasers
who qualify for affordable housing sales units. Prior to the closing
on the resale of any such unit, the owner shall provide a copy of
the proposed deed to the Town and its attorneys for review and approval.
All deeds conveying any affordable housing sales unit shall include,
as an attachment, a certificate signed by the Town Supervisor, acknowledging
compliance with the resale provisions.
K.
Sale of an affordable housing sales unit.
(2)
Payment to designee. Upon the sale of an affordable housing sales
unit where the designee presented the affordable housing buyer to
the then owner, the owner shall pay the designee, at the closing,
an administration fee equal to 2% of the sale price.
(3)
Other sales. If the designee is unable to arrange for the sale of the affordable housing sales unit within 180 days after notification by the owner to the designee as provided in § 125-63K(1), the owner:
(a)
May solicit potential buyers, but may not sell the affordable housing unit for more than the price provided in § 125-63J; or
(b)
May remove the unit from being an affordable housing unit by
notifying the Town and its designee in writing, and paying to the
Town the developer affordable housing in lieu of fee as would be applicable
if the certificate of occupancy had been issued at the time the owner
notifies the Town and the designee of the decision to remove the unit
from being an affordable housing sales unit. If the affordable housing
sales unit was built pursuant to a density bonus and if the owner
obtained the density bonus or is the parent, subsidiary or affiliate
of such owner, the owner shall also pay the Town the same developer
density bonus fee as would be applicable if the certificate of occupancy
had been issued at the time the owner notifies the Town and the designee
of the decision to remove the unit from being a affordable housing
sales unit. For example, if an affordable housing unit was built in
January 2017 and there was a density bonus in connection with that
affordable housing unit, and if the owner notifies the Town and the
designee that he or she wishes to remove the unit from being an affordable
housing unit on January 30, 2019, the owner must pay the amount of
the developer affordable housing in lieu of fee and developer density
bonus fee in effect on January 30, 2019.
(4)
Arrangement by Town. Prior to an affordable housing sales unit being converted to a market-rate sales unit, the Town shall have an additional 90 days to determine if it can arrange to keep the affordable housing sales unit as an affordable housing sales unit while providing the owner thereof with the price specified in § 125-63J.
(5)
Removal of unit. After receipt of such notice and payment of the
developer affordable housing in lieu of fee and, where applicable,
the developer density bonus fee, the Town shall furnish the owner
with an instrument properly executed in recordable form that will
release such unit from the declaration that was filed with respect
to the parcel containing such unit. The Town's release shall be drawn
in a form suitable for recording and shall be signed by the Town Supervisor
and his/her signature shall be notarized. The Town shall execute any
other documents as shall be reasonably necessary to facilitate clear,
insurable title without the declaration being applicable.
L.
Deed for initial sale and resale of affordable housing sales unit.
(1)
Deed restrictions. In the event that an affordable housing sales unit is sold to an affordable housing buyer, the initial deed for the affordable housing sales unit and any subsequent deeds or instruments used to transfer title to such affordable housing sales unit shall include a provision indicating that the unit shall remain an affordable housing sales unit in perpetuity, except for a foreclosure event, and subject to the restrictions on occupancy, rental and resale specified in the declaration for affordable housing sales units as provided in § 125-63H(8).
(2)
Release of restrictions upon foreclosure. Notwithstanding anything
contained in the declaration for affordable housing sales units to
the contrary, the designation of a unit as an affordable housing sales
unit shall not survive a judgment of foreclosure, the issuance of
a deed in lieu of foreclosure, the exercise of a trustee's power of
sale, or the equivalent of any of the foregoing, obtained and/or exercised
by an institutional lender holding a mortgage or deed of trust with
respect to such unit. Upon the occurrence of any of the foregoing
events whereby the ownership of the affordable housing sales unit
is divested from such a mortgagor or trustor, such unit shall be deemed
automatically released as an affordable housing sales unit, and all
of the restrictions thereon, including, but not limited to, those
of use, ownership, transfer, pricing, and enjoyment, shall be deemed
and become void and of no force and effect automatically and without
further action on the part of such mortgagee or its transferee.
(3)
Upon written request, in connection with an event specified in § 125-63L(2) or in § 125-63K(5), the Town shall execute any instrument, by its duly authorized officer or agent, in recordable form, and any other documents, as shall be reasonably requested by such mortgagee or its transferee in order to evidence the release of such unit as an affordable housing sales unit.
M.
Residential construction and conversion of multifamily dwellings.
(2)
Types of units in multifamily dwellings. If multifamily dwellings are to be constructed or converted by a developer with units to be sold, § 125-63A through § 125-63L shall be applicable to such units except as otherwise provided in such subsections of § 125-63. If multifamily dwellings are constructed by a developer with units to be rented, § 125-63C(3) and § 125-63N through § 125-63R shall be applicable to such units except as otherwise provided in such subsections of § 125-63. For avoidance of doubt, if a multifamily dwelling is to be constructed or converted by a developer both with units to be sold and units to be rented, § 125-63A through § 125-63L shall apply to units to be sold, and § 125-63C(3) and § 125-63N through § 125-63S shall apply to units to be rented.
N.
Application review procedures for affordable housing rental apartments
in multifamily dwellings.
(1)
Meeting of requirement. Each application by a developer submitted to the Planning Board relating to rental apartments in a multifamily dwelling shall specify the number of such apartments to be constructed and whether the affordable housing requirement will be met under § 125-63C(3) by construction of a developer affordable housing rental apartment, payment of a developer affordable housing in lieu of fee, or another permitted alternative.
(2)
Affordable apartment construction. If the affordable housing requirement
will be met by construction of one or more affordable housing rental
units, the application by a developer to the Planning Board should
include a preliminary affordable housing plan (preliminary). The submitted
plan should address:
(a)
The number, type, size and count of bedroom(s) for each apartment;
(b)
The developer's plan for construction of affordable housing
rental apartments, including a phasing plan if those apartments are
to be phased.
(c)
Other information: any other documentation or information which
the Planning Board determines it, and/or the OSAHC, will require in
order to evaluate the plan.
(3)
Contents of affordable housing plan. The Planning Board shall meet
with the developer as part of any sketch plan or conceptual approval
to review the affordable housing rental apartments plan (preliminary),
and shall determine what additional documentation, information and/or
materials must be included in the plan. If the developer plans to
construct affordable housing rental units, the OSAHC shall be included
in the meeting.
(4)
Design of affordable housing rental apartments. If affordable housing
rental apartments are to be constructed by the developer together
with market-rate apartments, the exteriors of the affordable housing
rental apartments shall resemble, to the fullest extent practicable,
in construction and appearance the market-rate apartments of the same
unit type. Interiors of affordable housing rental apartments need
not be the same as market-rate apartments, except affordable housing
rental apartments shall have at least the same number and size as
the average number and size of bedrooms of the market-rate apartments
constructed or planned. Affordable housing rental apartments shall
be interspersed among the market-rate apartments.
(5)
Referral to the OSAHC. If the developer plans to construct affordable
housing rental apartments, the Planning Board shall refer the plan
to the OSAHC for its review and recommendation.
(6)
Recommendation of the OSAHC. Upon receipt of a referral from the
Planning Board, the OSAHC shall review the affordable housing plan.
Upon completion of its review, the OSAHC shall make a recommendation
to the Planning Board that the plan be: (i) denied; (ii) approved;
or (iii) approved with modifications to the plan to be required by
the Planning Board. If the OSAHC recommends denial or approval, the
recommendation of the OSAHC shall be in writing and shall contain
an explanation of the basis of the recommendation. The OSAHC shall
issue its written recommendation within 30 days of the referral to
the OSAHC by the Planning Board or, if additional documentation or
information is required by the OSAHC to make its recommendation, within
30 days of submission of all required documentation or information
to the OSAHC. If the OSAHC requires additional time to conduct its
review, it may request such additional time from the Planning Board.
Unless the OSAHC requests and is granted additional time for its review,
in the event the OSAHC fails to act within the thirty-day period (or
within any extended period), the Planning Board may take action on
the affordable housing plan without the recommendation of the OSAHC.
(7)
Approval of final affordable housing plan. If, after receiving the
recommendation of the OSAHC, and advice from the Attorney for the
Planning Board, the Planning Board approves the affordable housing
plan before it, a copy of the final affordable housing plan shall
be filed with the Planning Board Clerk, within five business days
of the Planning Board's approval of the application. A copy of the
affordable housing plan (final) shall be provided to the Zoning Enforcement
Officer to ensure compliance with the terms of the affordable housing
plan approved by the Planning Board. A copy of the affordable housing
plan (final) shall also be provided to the OSAHC.
(8)
Notation on approved site plans and plat. If affordable housing rental
apartments will be constructed, the Planning Board shall require the
developer to include a notation on the final subdivision plat, and
site plan, if any, which makes clear that the project is subject to
certain affordable housing conditions and those conditions shall be
set forth as notes on the map or plat. The notation shall also make
reference to the final affordable housing plan.
(9)
Declaration for affordable housing rental apartments. The developer
shall prepare for review by the Attorney for the Planning Board a
declaration setting the requirements of the final affordable housing
plan. The declaration shall provide:
(a)
The developer will require the lessee(s) to use the affordable
housing rental apartment(s) as the primary place of residence for
the lessee(s) and his/her family and shall submit to the Town or its
designee on the date of rental, and thereafter from time to time as
requested by the Town or its designee, a sworn certification stating
that the lessee and his/her family use the affordable housing rental
apartment(s) as their primary place of residence. If the lessee(s)
is not in compliance, the affordable housing rental apartment shall
be vacated.
(b)
The lease shall provide that, if the lessee who occupies the
affordable housing rental apartment as a primary place of residence
dies, at least one heir, legatee or other person occupying the apartment
before the death, and having a household income which does not exceed
that to be eligible for an affordable housing rental apartment, must
occupy the affordable housing rental apartment as a primary place
of residence. If the person(s) occupying the apartment is not in compliance,
the apartment shall be vacated.
(c)
The lease shall provide that subleasing the affordable housing
rental unit is prohibited, except the landlord may waive in writing
for a temporary period of up to one year the prohibition against subleasing
an affordable housing rental apartment for good cause, including but
not limited to a temporary job transfer, medical care needs for the
lessee or family member requiring a temporary move.
(d)
The lessee shall be a person who would be eligible to rent the unit under § 125-63O(1). The lease shall provide that if such waiver is granted in writing by the landlord, the allowable rent that the lessee(s) may charge during the temporary rental or subleasing period shall be the same rent as paid by the lessee(s).
(e)
The affordable housing rental apartment(s) shall remain as such
in perpetuity, except in the event of a foreclosure event or as otherwise
provided, and subject to the restrictions on occupancy, rental and
resale.
(f)
The right to enforce the terms, covenants, agreements, conditions
and restrictions against the landlord shall belong to the Town, and
against the lessee(s) of the affordable housing rental apartment(s)
shall belong to the Town and the landlord. In the event of any violation
or threatened violation of any of the terms, covenants, agreements,
conditions and restrictions provided for in the declaration, the Town
and/or the landlord will have, in addition to the right to collect
damages, the right to enjoin such violation or threatened violation
in a court of competent jurisdiction. In the event legal redress is
sought, the prevailing party shall recover the reasonable fees of
its attorney and costs. These remedies are cumulative and are not
intended to be exclusive of any other remedies or means of redress
to which the Town and/or the landlord may be lawfully entitled in
case of any breach, or a threatened breach, of any provision of the
declaration. Failure to insist in any one or more cases upon strict
performance of any of the terms, covenants, agreements, conditions
and restrictions in the declaration, or to exercise any remedy, shall
not be construed as a waiver or a relinquishment for the future for
such terms, covenants, agreements, conditions, restrictions or remedies.
The Town Board, after public hearing, and the landlord, acting together,
may waive, in whole or in part, the application of any terms, covenants,
agreements, conditions and restrictions in the declaration that apply
to any or all of the affordable housing rental apartment(s). Such
waiver must be by written instrument signed by a duly authorized representative
of both the Town and landlord.
(10)
Recording of declaration. After approval by the Attorney for
the Planning Board, the developer shall record, within 15 days and
at its own expense, the declaration in the land records in the Dutchess
County Clerk's office, with respect to each parcel which will have
an affordable housing rental building. The developer will provide
to the Attorney for the Planning Board, the Planning Board Clerk,
and the designee, a copy of such recorded declaration, within 15 days
of filing, showing the receipt stamp of the Dutchess County Clerk.
(11)
Other procedures prescribed by the Town Board. The Town Board
shall prescribe such other procedures and requirements as it deems
necessary for the submission and approval of the affordable housing
plan by local law or resolution after public hearing, as advised by
the Attorney for the Town.
O.
Determining eligibility for and rent for initial lease and renewals
of affordable housing rental apartments.
(1)
Income limits. To be eligible to rent an affordable housing rental
apartment, the affordable housing applicant's aggregate annual income
shall not exceed 80% of the area median income or such greater or
lesser percentage fixed by the Town Board from time to time by resolution
after public hearing.
(2)
Other assets. The Town Board may provide by resolution, after consultation
with the OSAHC and a public hearing, such additional requirements
for eligibility to rent an affordable housing rental apartment, including
a limitation on family assets, and minimum income requirements.
(3)
Selection of lessees. The landlord shall use the selection priorities in § 125-63I(3) in determining to whom to rent the affordable housing rental apartment(s) after consulting with the designee and, if the designee maintains an eligibility list for apartments, the landlord shall make a selection from the top three from such eligibility list.
(4)
Calculating permissible rent. Maximum monthly rent, including utilities
(such as heat, hot water and electric), shall be set every two years
by the Town Board by resolution, after consultation with the OSAHC,
the designee, if any, and public hearing, for each size of an affordable
housing rental apartment (studio, one-bedroom, two-bedroom, etc.),
based on (i) the number of bedrooms in the unit with 1.5 persons per
bedroom, and (ii) 30% of the annual gross income of a hypothetical
affordable housing applicant with 80% of the area median income. Rent
shall be set in such a manner that new eligible households will have
sufficient income to qualify to rent such units.
(5)
Lease terms and renewal. Persons seeking to rent affordable housing
rental apartments shall, if eligible and selected for occupancy, sign
leases for an initial term of one year. As long as the household remains
eligible and has complied with the terms of the lease, the household
shall be offered a one-year renewal every year. If at the time of
renewal the household's annual gross income exceeds the maximum income
limit as set by the Town Board, such household shall be offered a
market-rate apartment in the affordable housing rental building or
buildings, if available. If no such apartment is available at a rental
price that the household can afford, the household may renew the lease
at the affordable housing rental rate for one more year, subject to
the condition that should a market-rate apartment become available,
the household shall be required to move to such unit. At the end of
the lease for such additional year, the household shall have no further
right to reside in the affordable housing rental apartment at the
restricted affordable housing rental apartment rent. At that time,
the landlord shall have the option of increasing the rent of the affordable
housing rental apartment to a market rate, provided that the landlord
makes a comparable apartment available to another eligible household
at the restricted affordable housing rental apartment rate.
(6)
Town Board review. All lease terms shall be reviewed and approved
periodically by the Town Board in consultation with the OSAHC and
Planning Board.
(7)
Additional criteria and procedures. The Town Board shall prescribe
such additional procedures and criteria, by local law or resolution
after public hearing, for the lease and renewals of affordable housing
rental apartments as, in its discretion, it determines appropriate
after consultation with the Planning Board and the OSAHC.
P.
Maintenance, upkeep and repairs.
(1)
Satisfactory maintenance. Multifamily dwellings containing affordable
housing rental apartments shall be maintained in a clean and attractive
manner. Repairs for normal wear and tear shall be made promptly by
the landlord after receipt of notice from the lessee. All affordable
housing rental apartments shall be maintained at least at the original
builder's specifications level. Neither a landlord nor a lessee shall
make any improvements which require a building permit without prior
written permission, not to be withheld unreasonably, from the Town
Board itself or by the Town Board upon recommendation by the designee.
Q.
Deed for initial sale and resale of affordable housing rental building.
(1)
Deed restrictions. The initial deed for the affordable housing rental building and any subsequent deeds or instruments used to transfer title to such affordable housing rental building shall include a provision indicating that the building shall remain an affordable housing rental building in perpetuity, except for a foreclosure event or as otherwise provided, and subject to the restrictions on occupancy, rental and resale, as specified in § 125-63N(9).
(2)
Release of restrictions upon foreclosure. Notwithstanding anything
contained in the declaration to the contrary, the designation of a
building as an affordable housing rental building shall not survive
a judgment of foreclosure, the issuance of a deed in lieu of foreclosure,
the exercise of a trustee's power of sale, or the equivalent of any
of the foregoing, obtained and/or exercised by an institutional lender
holding a mortgage or deed of trust with respect to such building.
Upon the occurrence of any of the foregoing events whereby the ownership
of the affordable housing rental building is divested from such a
mortgagor or trustor, such affordable housing rental building shall
be deemed automatically released as an affordable housing rental building,
and all of the restrictions thereon, including, but not limited to,
those of use, ownership, transfer, pricing, and enjoyment, shall be
deemed and become void and of no force and effect automatically and
without further action on the part of such mortgagee or its transferee.
Upon written request, the Town shall execute any instrument, by its
duly authorized officer or agent, in recordable form, and any other
documents, as shall be reasonably requested by such mortgagee or its
transferee in order to evidence the release of such building as an
affordable housing rental building.
R.
Sale of affordable housing rental building.
(1)
Proper maintenance. At the time an affordable housing rental building
is offered for sale, the Town Board may determine whether the affordable
housing rental apartments have been properly maintained and may require
the owner to return such units to their original specifications and
present such units in a clean and attractive manner. The affordable
housing rental building may not be sold until such work is done.
(2)
Sales effort. An owner of an affordable housing rental building who
wishes to sell shall find a buyer who will keep the building as an
affordable housing rental building.
S.
Tax assessment. The Town Assessor shall consider the limited resale
value of affordable housing sales units and affordable housing rental
buildings when determining the appropriate assessment on such units.
T.
Incorporation of conditions of approval. Any special permit, site
plan or subdivision approval involving the creation of affordable
housing under this chapter shall include specific conditions referencing
the requirements of this chapter.
U.
Administration. The Town Board shall appoint members of the Open
Space and Affordable Housing Committee to assist in the administration
of the Affordable Housing Program. The Town Board may also hire staff
or contract with Dutchess County or a qualified not-for-profit organization,
for-profit entity, government agency, or private consultant to administer
all or a portion of the Affordable Housing Program under the direction
and oversight of the Town Board and the OSAHC. The responsibilities
and duties of the OSAHC or the designee shall include, but shall not
necessarily be limited to, the following:
(1)
Reviewing preliminary affordable housing plans involving the construction
of affordable housing units, and making recommendations to the Planning
Board.
(2)
Establishing procedures for selecting affordable housing applicants
that have equal priority.
(3)
Assisting the Town Board/Planning Board in determining and reviewing
applications to build affordable housing units.
(4)
Recommending annual maximum income limits; rental prices; resale
values.
(5)
Reviewing certification from owners and lessors of rental units certifying
that units are occupied by eligible families.
(6)
Reviewing the available funds in the Affordable Housing Trust Fund
account.
(7)
Reviewing all deed restrictions for affordable housing units.
(8)
Reviewing all lease terms for affordable housing units.
(9)
Such other and additional responsibilities and duties as are specified
in additional regulations and procedures established by the Town Board.
(10)
Consulting with, and providing recommendations to, the Town
Board in enacting all additional local laws and/or resolutions that
are referred to in this section.
(11)
Advising the Town Board on the use of the funds in the Affordable
Housing Trust Fund account.
(12)
Advising the Town Board on the purchase or development of residential
housing to be used as affordable housing units.
(13)
Advising the Town Board on creative approaches to address the
Town's affordable housing needs and assisting with the implementation
of such approaches, such as a downpayment assistance program.
[1]
Editor’s Note: Section 5 of this local law provided
that nothing in this local law shall apply to construction by the
Town or sponsored by the Town.
A.
Purpose and intent.
(1)
The Town of Rhinebeck is home to the Hudson River National Historic
Landmark District, the most prestigious designation of historic resources
in the nation. Its significance, in part, relates to the district's
importance in American history and its significance as a landscape
that inspired the Hudson River School of Painting, where "America's
love of its landscape was born." The Town has also been recognized
with New York State's Mid-Hudson Historic Shorelands Scenic District
designation, the Estates District Scenic Area of Statewide Significance,
and contains state scenic byways. The active agricultural lands that
comprise much of the district contribute to its importance as a nationally
significant landscape and toward its scenic significance. The landmark
district is within a coastal zone area and is within the area designated
by the federal government as an American Heritage River. It is also
within the Hudson River Valley National Heritage Area and the New
York State Hudson River Valley Greenway. Within such areas, the Town
of Rhinebeck desires to protect a critical mass of farmland, open
space and important natural resources through a density transfer (transfer
of development rights or TDR) initiative.
(2)
The areas designated for density transfer are located in the HP20, RA10 and RL5 Zoning Districts, which are sited within the aforementioned designated districts. The intent of this initiative is to allow a limited transfer of development rights from lands of conservation value within these districts to other lands suitable for receiving additional density but within the overall density standards of this chapter. Allowing for a limited transfer of development rights will preserve, through conservation easements in accordance with Article V, § 125-43L, of this chapter, important agricultural, environmental and community resources. Development rights may be transferred to and within only those parcels located in the RA10 and RL5 Zoning Districts and only where the Planning Board has made a determination that such lands are suitable for receiving additional density.
B.
Procedure.
(1)
Special use permit. All density transfers shall occur pursuant to
a special use permit issued by the Planning Board.
(2)
Applicable districts. Density transfers are permissible by special
use permit in the HP20, RA10 and RL5 Zoning Districts. Development
rights may be transferred from properties within the HP20 District
to properties within the RA10 and RL5 Districts. Development rights
may also be transferred from properties within the RA10 District to
other properties within the RA10 District or transferred from properties
within the RA10 District to properties within the RL5 District. No
density transfers may occur from properties within the RA10 or RL5
District to properties within the HP20 District or from properties
within the HP20 District to other properties within the HP20 District.
(3)
Special use permit application. A special use permit application
for a density transfer shall be jointly submitted by the owner(s)
of the sending parcel(s) and the owner(s) of the receiving parcel(s).
(4)
Special use permit submission requirements.
(a)
The special use permit application shall be accompanied by a proposed "development plan" for the receiving parcel (i.e., subdivision plat, and all accompanying subdivision application documents and submissions; site plan and all accompanying application documents and submissions; and special use permit application and all accompanying documents and submissions), including the documents required by Article VIII of this chapter.
(c)
The application shall include a long-form EAF, and the SEQRA
review of the density transfer special use permit application shall
be coordinated with the SEQRA review of the development plan for the
receiving parcel. All applications are additionally subject to the
consistency requirements of the Town's Local Waterfront Revitalization
Program, including advisory reviews by the Waterfront Advisory Committee.
[Amended 7-25-2016 by L.L. No. 5-2016]
(d)
The application shall include such other and further documentation
or information as may be required by the Planning Board to evaluate
the density transfer proposal, including but not limited to Greenway
Connections, the Scenic Roads Handbook, and Mid-Hudson Historic Shorelands
Scenic District Management Plan.
(5)
Permissible density transfers from parcels within the HP20 and RA10
Districts. For purposes of calculation of permissible density transfers,
sending parcels within the HP20 District shall be permitted to calculate
their density based upon a twenty-acre-per-unit gross density. For
purposes of calculation of permissible density transfers, sending
parcels within the RA10 District shall be permitted to calculate their
density based upon a ten-acre-per-unit gross density. However, for
developmental purposes, the District Schedule of Area and Bulk Regulations,
including the maximum gross density, shall be adhered to.[1]
[1]
Editor's Note: The Schedules of Area and Bulk Regulations are included as attachments to this chapter.
(6)
Permissible density transfers for "working farms." For "working farms"
that constitute the sending parcels within the HP20 or RA10 District,
TDRs shall be permitted to calculate their density at the rate of
one unit per five acres of gross density. The application shall include
documentation for review by the Planning Board to verify the status
of the "working farm" as defined herein. However, for development
which occurs on "working farms" within the HP20 or RA10 District,
the density requirements set forth in the District Schedule of Area
and Bulk Regulations for that district shall be adhered to.[2]
[2]
Editor's Note: The Schedules of Area and Bulk Regulations are included as attachments to this chapter.
(7)
Public hearing. Prior to approving a TDR, the Planning Board shall hold a public hearing on the special use permit application in accordance with the requirements of Article VI of this chapter. A public hearing may be conducted in conjunction with the review of the development plan.
(8)
Restrictions on receiving parcel and approval.
(a)
The receiving parcel in the RA10 District shall consist of at
least 250 acres and in the RL5 District shall consist of at least
100 acres. The addition of the transfer units to the receiving parcel
will not adversely affect the area surrounding the receiving parcel
and should comply with all of the following additional considerations
to the greatest extent practicable:
[1]
The addition of the transfer units should avoid scenic viewsheds,
prime farmland and statewide significant soils;
[2]
The addition of the transfer units should be physically compatible
with adjacent land uses in design, scale, and architecture;
[3]
The addition of the transfer units should be sited on state
and/or county highways where acceptable levels of service are available
for the increase in traffic; and
[4]
If applicable, the addition of the transfer units should be
sited as close as possible to the Village of Rhinebeck, where pedestrian
and bicycle connections to the village's sidewalk and street system
may be feasible, where public transit access exists, and where connections
to existing community water and sewer services are potentially available
for such transfer units.
(b)
The maximum number of units allowed in a development of the
receiving parcel shall not exceed 20% of the gross acreage of the
receiving parcel multiplied by two, as shown in the examples below.
In no case shall the number of units in a development plan for the
receiving parcel exceed 225 dwelling units.
|
Sending Parcel Size in Acres
|
Zoning District
|
Gross Density to Transfer in Units
(acreage/20 or 10)
|
Gross Density to Transfer for Working Farms
(acreage/5)
| |
|---|---|---|---|---|
|
500
|
HP20
|
25
|
100
| |
|
250
|
RA10
|
25
|
50
|
|
Receiving Parcel Size in Acres
|
Zoning District
|
Receiving Parcel Gross Density
(units)
|
Receiving Parcel Maximum Density
(units)
20% of Gross Acreage x 2
|
Allowable Transfer Units
| |
|---|---|---|---|---|---|
|
500
|
RA10
|
50
|
200
|
150
| |
|
250
|
RA10
|
25
|
100
|
75
| |
|
100
|
RL5
|
20
|
40
|
20
|
(c)
Two or more contiguous parcels may be combined to constitute
the receiving parcel, provided that the parcels are all part of an
integrated development plan receiving approval from the Planning Board.
(d)
The receiving parcel(s) must have access on a state or county
highway. In cases where two or more parcels are combined as the receiving
parcel, at least one of the parcels must satisfy this access requirement.
(e)
The density transfer shall be approved only if the development
plan for the receiving parcel is approved by the Planning Board. If
construction of the development project is not commenced and/or completed
in the time period prescribed by applicable provisions of this chapter
and other Town regulations, the density transfer approval shall be
deemed revoked.
(f)
The Planning Board shall have the power to waive one or more
of the dimensional requirements of the District Schedule of Area and
Bulk Regulations of this chapter applicable in the zoning district
of the receiving parcel in order to accommodate the additional density
on the receiving parcel.[3]
[3]
Editor's Note: The Schedules of Area and Bulk Regulations are included as attachments to this chapter.
C.
Criteria for approval of a density transfer. The Planning Board shall
not approve any density transfer unless it finds that:
(1)
The requirements for the TDR special use permit have been fully satisfied
by the applicants.
(3)
The density transfer will benefit the Town by protecting potentially
developable land with "conservation value" on the sending parcel.
(4)
The density transfer to the receiving parcel will not result in any
significant environmental impacts which have not been, or cannot be,
fully mitigated to the maximum extent practicable.
D.
Protection of sending and receiving parcels by conservation easement. The Planning Board shall require, as a condition of special use permit approval for a density transfer, the record owner of the sending parcel(s) to record in the Dutchess County Clerk's office a conservation easement in accordance with Article V, § 125-43L, of this chapter, encumbering, in perpetuity the sending parcel meeting the requirements of Article V, § 125-43L, of this chapter and reducing the maximum number of dwelling units allowed to be constructed on the sending parcel by the number of dwelling units transferred to the receiving parcel and protecting the amount of open space equivalent to that which would be required if the sending parcel were fully developed in accordance with the base conservation subdivision requirements of this chapter. In the event that less than all of the available density on the sending parcel is transferred to the receiving parcel, the conservation easement must provide a plan for protecting, and limiting, the development of those additional parcels which satisfies the provisions of the conservation subdivision provisions of this chapter. In accordance with Article V, § 125-43, of this chapter, protected open space areas on the receiving parcel must also satisfy the conservation easement provisions of this chapter. The conservation easements shall be reviewed, and approved, by the Planning Board and by the Town Attorney or the Attorney to the Town, as the case may be, prior to approval of the density transfer.
E.
CONSERVATION VALUE
DEVELOPMENT RIGHTS
RECEIVING PARCEL
SENDING PARCEL
WORKING FARM
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A property shall be deemed to have conservation value pursuant to this section of the Zoning Law if it contains such features as scenic views, open fields, woodlands, wetlands or streams, ponds, areas of natural character and beauty, environmentally constrained and/or environmentally significant areas, agricultural uses or agricultural lands, including prime and important agricultural soils, such that the property would qualify for the establishment of a conservation easement consistent with the provisions of Article 49, Title 3, of the Environmental Conservation Law of the State of New York and with Article V, § 125-43L, of this chapter.
The rights allocated to a lot, parcel or area of land under
the Zoning Law respecting permissible density allowed thereon. The
rights to develop are expressed as the maximum number of dwelling
units per acre for residential parcels that could be permitted on
a designated sending parcel under the Town of Rhinebeck's Zoning Law
and Subdivision Regulations[4] in effect on the date of the transfer of development rights.
One or more contiguous parcels to which development rights
are transferred from a sending parcel.
One or more contiguous parcels from which development rights
are transferred to a receiving parcel.
For purposes of this section, a farm shall be deemed to be
a "working farm" if, at the time of the application for the TDR, the
farm is owner-operated (not leased); qualifies for an agricultural
tax exemption under the New York State Agricultural and Markets Law
and Real Property Tax Law; and the owners and operators of the property
generate more than 50% of their annual gross income from the operation
of the farm.
[Added 3-12-2012 by L.L. No. 1-2012]
Any use established through the subdivision, site plan, special
permit and other approval processes set forth within this chapter,
or maintained in conformance with this chapter, shall comply to the
extent practicable with the Town of Rhinebeck Design Standards (see
Appendix A of this chapter)[1] as determined by the Planning Board during the Board’s
review of the particular application within that application’s
environmental context.
[1]
Editor's Note: Appendix A is on file in the Town offices.
[Added 7-25-2016 by L.L.
No. 5-2016]
For all business and service uses set forth within Article III, § 125-20, District Schedule of Use Regulations, Attachment 2, and located within any district except the Office Research Park (ORP) District, the maximum gross floor area of any individual building housing one or more of the listed uses shall be 8,000 square feet. No such building shall be attached by roofed area to any other such building and shall be separated, except for pedestrian walkways occupying not more than 10% of the intervening open space, from any other such building on at least two sides by not less than 50 feet of maintained and suitably landscaped open space.
[Added 7-25-2016 by L.L.
No. 5-2016]
A.
Both portable generators and those generators at a fixed location within any zoning district or overlay district shall not be subject to the area and bulk regulations found in Article IV of this chapter, provided that the generator is sized, intended, installed and maintained exclusively for emergency purposes.
[Added 3-12-2018 by L.L.
No. 2-2018]
B.
Any
generator proposed to be sited at a fixed location on a parcel within
the Rhinecliff Overlay (Rc-O) or Neighborhood Infill (NI-O) Districts
or to be sited at a fixed location on a parcel in any other residential
district within 200 feet of a property boundary or other dwelling
shall be designed and/or equipped with noise-dampening features, such
as, but not limited to, insulated housing and/or silencing mufflers
determined suitable by the Zoning Enforcement Officer to achieve reasonable
compliance with Town noise standards prior to the issuance of a building
permit for the generator’s installation. This provision shall
not apply to portable generators.
[Added 6-10-2019 by L.L.
No. 2-2019]
B.
The Workforce Housing (WH) District shall have been established through
the reclassification by the Town Board of certain lands previously
zoned Village Gateway (VG) District but which are by action of the
Town Board now in the Workforce Housing (WH) District.
C.
The proposed affordable workforce housing development shall conform
with each of the below standards:
(1)
Proposed uses within the Workforce Housing (WH) District shall be limited to those uses set forth within the District Schedule of Regulations found within Article III, Use Regulations, of this chapter.
(3)
The following sections of Article V, Supplementary Regulations regarding affordable housing of this chapter shall govern an affordable housing development within the Workforce Housing (WH) District, except if the Town Board provides otherwise to the extent allowed by a government or other not-for-profit agency providing the funding for such a development: § 125-63B; G; H(7), (8) except the reference to the Attorney for the Planning Board should be to the Attorney for the Town; I; J; K; N(4), (8), (9), (10) except the references to the Planning Board shall be to the Town Board; O; P; Q; R; S; T and V.
(4)
The maximum number of dwelling units within an affordable housing
development within the Workforce Housing (WH) District shall be 80.
(7)
The affordable workforce housing development shall have access
to existing public utilities with sufficient capacity, or which may
be reasonably extended or created as part of the project, including
water and sewage.
(8)
The affordable workforce housing development shall have safe
and convenient access to public roadways and pedestrianways.
(9)
The affordable workforce housing development shall have access
to other transportation services.
(10)
The affordable workforce housing development shall have access
to schools, recreation and other community services.
(11)
The layout of the affordable workforce housing development shall
include usable common open space area(s) of a minimum of at least
1/2 acre in area or a minimum of five hundred (500) square feet per
dwelling unit, whichever is greater.
(12)
The overall site layout and the exterior architectural features
of the dwelling units within the affordable workforce housing development
shall be of a quality, character, compatibility and appearance that
is in harmony with the surrounding neighborhood and the Town of Rhinebeck.
D.
Application and review procedures requirements.
(1)
Prior to consideration of a Zoning Map amendment, under the procedures established in Article XII of this chapter, affordable workforce housing developments are first subject to review and approval of an overall concept plan by the Town Board. The use of a collaborative planning process is encouraged for the development of the concept plan with opportunity provided for early public participation and input.
(2)
The establishment of a Workforce Housing (WH) District pursuant
to this subsection shall be deemed to be a legislative act to be exercised
in the sound discretion of the Town Board. The Town Board shall be
under no obligation to accept an application for such rezoning, nor
shall it be obligated to approve such application for rezoning after
the application is accepted. The Town Board shall, in exercising its
legislative discretion, take into account, among other considerations:
(3)
The applicant shall submit to the Town Board a preliminary concept
plan that includes all of the following components:
(a)
General statement. The preliminary concept plan shall include
a narrative which describes how the proposal serves the goals and
objectives of the Town Comprehensive Plan. This narrative should include
information about potential phasing, an explanation of how the proposal
complies with the design standards set forth herein and a description
of the housing mix, including affordable units and, as may be applicable,
market rate units.
(b)
Environmental analysis. The preliminary concept plan shall include a map showing New York State protected freshwater wetlands, federal jurisdictional wetlands, Town-regulated wetlands, streams, one-hundred-year floodplains, ecologically significant habitats as identified by Hudsonia Ltd., areas of 25% and greater slope, and such other environmental features and development limitations that would affect development of the site as more fully described in Article V, § 125-43G of this chapter.
(c)
Sketch plan. The preliminary concept plan shall include a sketch
plan, showing at an appropriate level of detail, buildings and other
structures, the pedestrian, bicycle, and vehicle circulation system,
vehicle parking areas, open space areas, and other required items.
The sketch plan shall be designed to be an illustrative plan that
can serve as a template for the application of specified design principles
in order to achieve a desired form and appearance of development.
The information provided shall include the following:
[1]
All improvements planned in conjunction with the
proposed uses, including general locations, layout, and dimensions
of structures, parking areas, streets, utilities, recreation areas,
conservation areas, and other information necessary to demonstrate
compliance with the requirements of this subsection, including square
footage of building floor area, numbers of residential units, and
impervious surface coverage.
[2]
Project phasing. Project phasing is a means to
provide transportation, water supply, wastewater, emergency, and other
accommodations sufficient to meet the needs of proposed residential
uses. The phasing plan shall include the proposed sequence of phasing
of the construction of infrastructure and buildings with estimated
dates for the start and completion of each phase.
[3]
Fiscal impact. A standard fiscal impact model,
such as the one described in Rutgers University's Center for Urban
Policy Research publication entitled "The Fiscal Impact Handbook,"
may be used to project the fiscal effects of the proposed development.
[4]
Projected transportation impacts. These include
the expected number of trips (peak and daily), an analysis of the
impact of those trips on the adjacent road system, and proposed mitigation
measures to limit any projected negative impacts.
(4)
SEQRA and LWRP compliance. The preliminary concept plan shall
be accompanied by a Full Environmental Assessment Form (FEAF) Part
1 with supporting attachments describing both existing and proposed
site conditions and the relationship of the proposed development to
its environs, a coastal assessment form (CAF), and, as may be applicable,
an agricultural data statement. The level of detail provided shall
at a minimum be adequate to permit the Town Board to initiate environmental
assessment of the project in accordance with Article 8 of the Environmental
Conservation Law (SEQRA) and the 6 NYCRR Part 617 review procedures.
(5)
Role of the Planning Board, the Workforce Housing Committee
and the Waterfront Advisory Committee. If the Town Board receives
a proposal for approval of a concept plan, the Town Board shall refer
such full concept plan submission to the Town Planning Board and the
Workforce Housing Committee for their review and recommendations and
the Waterfront Advisory Committee for consideration of its consistency
with pertinent coastal policies.
(a)
The Planning Board and the Workforce Housing Committee shall
review the concept plan and shall discuss it with the applicant at
a regular meeting. The Planning Board and the Workforce Housing Committee
may invite informal public comment at such a meeting. The Planning
Board and the Workforce Housing Committee shall report their recommendations
to the Town Board within 60 days after their next regularly scheduled
meetings following the date of such referral of the proposed concept
plan. The Planning Board and the Workforce Housing Committee's recommendations
may be to adopt, adopt with modifications, or reject the proposed
concept plan. If the Planning Board or the Workforce Housing Committee
fail to report within 60 days, it shall be deemed to have no objections.
(b)
The Town Board may further request the Planning Board to assist
the Town Board in carrying out its responsibilities under SEQRA. Such
assistance might include a request to the Planning Board to serve
as lead agency for coordinated environmental quality review of all
elements of the proposed project ranging from rezoning through site
plan approval.
(6)
Public hearing. Prior to approving a concept plan, the Town Board shall hold a public hearing on the concept plan in accordance with the zoning amendment procedures contained in Article XII of this chapter. If the Planning Board or Workforce Housing Committee provides a recommendation to the Town Board, as provided for herein, said report shall become an official part of the minutes of the public hearing.
(7)
Town Board action. The Town Board shall refer the application
to the Dutchess County Department of Planning and Development, under
§ 239-m of General Municipal Law, prior to taking action
on the application. Following refinement of the preliminary concept
plan based upon public participation in its development, completion
of the public hearing, referral to the Town Planning Board, the Workforce
Housing Committee, the Town Waterfront Advisory Committee and the
County planning agency, and completion of the SEQRA review process,
the Town Board may act to approve, approve with modifications or conditions,
or disapprove the concept plan application and Zoning Map amendment
for the Workforce Housing (WH) District in the exercise of its sole
legal discretion. Approval of the concept plan application and Zoning
Map amendment shall be with the recognition that the rezoning constitutes
a legislative act. Nothing in these regulations shall limit the Town
Board's ability to further restrict or to waive any provision of this
subsection, other than waiver of the criteria for determining buildable
area, the maximum density of 10 dwelling units per buildable acre,
and the maximum number standard of 80 dwelling units within the affordable
workforce housing development.
(8)
Planning Board approval. Prior to the issuance of any building permit within a Workforce Housing (WH) District, detailed site plan applications shall be approved by the Planning Board in accordance with the provisions of Article VII of this chapter, and no building or other site development shall be commenced except in conformity with such approved plans and permits.
(a)
The Planning Board shall not approve any site plan for an affordable
workforce housing development unless said Board finds that the site
plan is in substantial conformance with the concept plan which served
as the basis for the Town Board approval of the Workforce Housing
(WH) District Zoning Map amendment.
