Village of Rhinebeck, NY Special Permits and Site Plan Approval

Upon receipt of the application, the Planning Board shall notify the applicant, in writing, of the place, date and time of an initial workshop meeting with the Planning Board.

During the initial workshop meeting, the Planning Board will either accept the application as complete or inform the applicant what is required for the application to be considered complete.

If no public hearing is required for site plan approval, the Planning Board shall approve, approve with modifications or conditions, or disapprove within 62 days of the date of the meeting at which the application was considered complete for receipt by the Planning Board. The Planning Board defines an application as having been received by the Planning Board as the date of the Planning Board meeting at which the Planning Board reviewed all of the information provided by the applicant and voted to accept the application as complete.

The applicant may request a preliminary informal discussion. Such discussion would occur prior to the initial workshop meeting. The purpose of such a discussion would be a conceptual review of a preliminary application. For such a discussion to be considered, the applicant would need to submit a brief narrative describing the proposed use, a vicinity map (as defined below), and a sketch plan (a freehand sketch showing the proposed use in relation to existing conditions).

All special permits require a public hearing. The Planning Board may also require a public hearing for some site plans. In all cases requiring a public hearing, the Planning Board will schedule such a hearing within 62 days of the date of the meeting at which the application was considered complete for receipt by the Planning Board. The Village shall give public notice of such a hearing by causing publication of a notice of hearing on the Village website and in the official newspaper at least five days prior to the hearing date. Such notice of hearing shall be mailed directly to all those owning land within 200 feet of the property line at least 10 days prior to the hearing date.

(6)

After a public hearing covering only a site plan, the Planning Board shall approve, approve with modifications or conditions, or disapprove within 62 days. A conditional site plan approval shall expire at the end of 180 days if the conditions have not been satisfied; however, the Planning Board may consent to an extension of up to another 180 days.

(7)

The decision of the Planning Board shall be filed in the office of the Village Clerk, and a copy thereof mailed to the applicant.

(8)

After the conclusion of a public hearing for a special permit including site plan approval, the Planning Board shall grant, deny, or grant subject to conditions, the special permit within 62 days.

(9)

The conditions for granting a special permit will contain any modification or conditions to the site that the Planning Board deems necessary to conform to the criteria established below.

SEQRA compliance; county approval.

Upon receipt of a complete application, the Planning Board shall initiate the New York State environmental quality review process by issuing a determination of significance.

The Village of Rhinebeck Planning Board shall refer to the Dutchess County Department of Planning any complete application for site plan approval or special permit approval affecting real property within 500 feet of the boundary of the Village of Rhinebeck, or the boundary of any existing or proposed county or state park or other recreation area, or the boundary or any existing or proposed county or state roadway, or the boundary of any existing or proposed right-of-way for a stream or drainage channel owned by the county for which the county has established channel lines, or the boundary of any existing or proposed county or state-owned land on which a public building or institution is situated, pursuant to §§ 239-l and 239-m of the General Municipal Law. Any real property within 500 feet of a farm operation in an agricultural district also requires review by the Dutchess County Department of Planning and Development.

No action shall be taken on applications referred to the County Planning Agency until its recommendation has been received, or 30 days have elapsed after its receipt of the complete application, unless both the county and the Village agree to an extension beyond the thirty-day limit.

A recommendation of disapproval from the County Planning Agency can be overridden by the Rhinebeck Planning Board with a majority plus one vote of the entire board membership, along with a resolution setting forth the reasons for such contrary action.

§ 120-47 Required information.

Site plan and special permit approval may require that any or all of the information listed below be presented in order for the application to be considered complete by the Planning Board. The Planning Board is not limited to this list and may request additional information if it deems it necessary or appropriate. In determining the amount of information it will require, the Planning Board will consider the type of use, the location, the size and potential impact of the project. The applicant shall submit three copies of the information required by the Planning Board, at least 10 business days prior to the date of the meeting of the Planning Board. The plans and descriptive information presented at the meeting shall be sufficient to portray clearly the intentions of the applicant.

A brief narrative describing the proposed use.

A vicinity map showing the relationship of the proposal to existing buildings, parking areas, driveways and any other significant features on surrounding parcels, and community facilities that may affect or serve it, such as roads, shopping areas, schools, etc. It shall also show all properties, subdivisions, streets, easements and the zoning district boundaries within 500 feet of the property.

Site plan, drawn at a scale of 20 feet to the inch (one inch equals 20 feet) or other scale as deemed appropriate by the Zoning Enforcement Officer.

The site plan map shall show the location and use of all existing and proposed structures, including all dimensions of height and floor area, all exterior entrances, fenestration and all anticipated future additions and alterations. The site plan map shall include a floor plan of all levels of existing and proposed structures on the site.

The locations of all present and proposed public streets, sidewalks, ramps, curbs, paths, retaining walls, fences and landscaping.

The locations of all present and proposed off-street parking, parking for commercial vehicles while loading and unloading, the location and width of all driveways.

The location, type and screening details of waste disposal containers and outdoor storage areas.

The present or proposed location, type, specifications, screening and sound attenuation plan for exterior audio devices, HVAC units, mechanical equipment and generators.

(6)

The location, height, lumens and specifications of all external lighting fixtures and methods to eliminate glare onto adjoining properties. See § 120-18, Lighting. A photometric plan may be required.

(7)

The location, height, size, materials and design of all present and proposed signage.

(8)

The location of all present and proposed utility systems including sewage or septic, water supply, telephone, cable, satellite dish, electric and alternative energy systems.

(9)

The location of the storm drainage system, including present and proposed drain lines, culverts, catch basins, headwalls, end walls, hydrants, manholes and drainage swales.

(10)

Plans to prevent the pollution of surface water or groundwater, erosion, excessive runoff and flooding of other properties both during and after construction.

(11)

Topographic information about the property, drawn at the same scale as required for site plan under Subsection C above or as the Zoning Enforcement Officer may deem appropriate, showing existing and proposed topography at two-foot-contour intervals; also showing any portion of the lot that lies within the one-hundred-year floodplain, and areas on the property, and within 50 feet of the proposed site, where soil removal or filling is required.

(12)

Landscape information showing all pertinent natural land features that may influence the design of the proposed use, such as rock outcrops and single trees of six or more inches in diameter, forest cover, ponds, lakes, regulated wetlands, watercourses, and floodplains.

(13)

Traffic flow patterns within the site, entrances, exits and loading and unloading areas, as well as curb cuts on the site and within 100 feet of the site. The Planning Board may, at its discretion, require a detailed traffic study for larger projects or for those in heavy traffic areas, which can include: the projected number of motor vehicle trips to enter or leave the site, estimated for daily and peak traffic levels; the projected traffic flow pattern, including vehicular movements at all major intersections likely to be affected by the proposed use of the site; the impact of this traffic on existing abutting public and private ways in relation to exiting road capacities; and existing and proposed daily peak-hour traffic levels as well as road capacity levels.

(14)

The locations of all present and proposed off-street parking, parking for commercial vehicles while loading and unloading, the location and width of all driveways and accessibility for fire and other emergency vehicles.

(15)

Description and magnitude of each use within the site, specifying what each area is to be, such as retail, office, dwellings, etc. Include the estimated number of residents and/or employees attributable to each use, occupancy, maximum seating capacity and the number of parking spaces existing and required for each intended use.

(16)

The site plan map shall show sidewalks, curbing and planting strip widths that comply with §§ A125-28 and A125-29, Road Specifications.

Elevations at an appropriate scale for all exterior facades, showing design features and indicating the type and color of materials to be used.

State Environmental Quality Review Act (SEQRA) submission consisting of either a short environmental assessment form (EAF), a full EAF and/or a draft environmental impact statement (DEIS), as determined by the Planning Board.

§ 120-48 Special permits.

Process. The Planning Board shall not issue a special permit unless it makes a recorded finding, based upon the facts of the application, that the proposed use, if conducted pursuant to the following criteria, will satisfy the standards set forth herein. The Planning Board may impose conditions and/or require modifications to the project. Such conditions must relate to the impact of the project. If the Planning Board does not make such a finding, it shall deny the special permit. In issuance of such denial, the record of the Planning Board must address the standards outlined below and include the facts and reasons upon which such denial was based. Special permits may be authorized by the Planning Board only upon satisfaction of the following standards and conditions:

Compatibility of the proposed use with adjoining properties, with the standards and principles of the district, with the natural and built environment and with the purposes set forth in this chapter.

Compatibility with the established architectural character and use of the structure or structures and the historic context of the site and in the surrounding area.

Adequacy of parking for the proposed use, and its accessibility to fire, police and emergency vehicles.

Determination that the proposed use will have no greater overall impact on the site and its surroundings than would full development of uses of the property permitted by right, considering environmental, social and economic impacts of traffic, noise, dust, odors, release of harmful substances, solid waste disposal, glare or any other nuisances.

Restrictions and/or conditions on design of structures or operation of the use (including hours of operation) necessary either to ensure compatibility with the surrounding uses or to protect the natural or scenic resources of the Village.

(6)

Consistency of the location of the proposed use with the goal of creating a healthy mix of uses that enhances the commercial viability of the Village of Rhinebeck.

(7)

Consistency with the principles established in the Village Center, Residential, Medical and Professional, Fairgrounds and Gateway Business sections of this chapter.

(8)

Consistency with the requirements for site plan approval established above.

(9)

Compatibility with generally accepted planning standards utilized by the Village of Rhinebeck.

Scope, Expiration, revocation and enforcement.

A special permit shall authorize only the particular special use or uses permitted.

Special permits will expire 18 months after approval if the applicant fails to obtain a building permit or fails to comply with the conditions of the special permit, unless other provisions are set forth by the Planning Board in connection with its approval.

A special permit will expire if the special use or uses shall cease for more than 18 consecutive months for any reason.

A special permit may be revoked by the Board of Appeals if the conditions of the special permit are violated.

Any violation of the conditions of a special permit or a violation of any applicable performance criteria from this chapter shall be subject to enforcement action as provided herein.

§ 120-49 Site plan approval.

In acting on any proposed site plan, the Planning Board shall take into consideration:

Consistency with the Village Master Plan.

Consistency with the Village Center, Medical and Professional, Gateway Business, Fairgrounds and Residential principles established in those respective sections.

Compatibility with the general historic and/or architectural character of the structures in the area.

The location of main and accessory buildings and of their relation to one another on the proposed site; traffic circulation within the site; height and bulk of buildings; provision of off-street parking space; provision of buffer areas and other open spaces on the site; the display of signs; provision that the project will improve and promote pedestrian circulation and will harmoniously fit into the adjoining street system and with contiguous land, buildings and neighborhoods.

Any engineering aspects of a proposed site plan. This may require review by professional consultants appointed by the Village, with the cost borne by the applicant.

Scope, expiration, revocation and enforcement.

Site plan approval shall authorize only the particular lot layout or configuration depicted on the approved site plan.

Site plan approval will expire 18 months after approval if the applicant fails to obtain a building permit or fails to comply with the conditions of the approval, unless other provisions are set forth by the Planning Board in connection with its approval.

Site plan approval may be discontinued by the Board of Appeals if the conditions of the approval are not being upheld.