This chapter is enacted pursuant to the authority and power granted by Municipal Home Rule Law of the State of New York, Article 2, § 10 et seq., of the consolidated laws, and under § 7-700 of the New York State Village Law, and in accordance with the land use policies, principles and guidance provided by the Village of Rhinebeck Master Plan, to protect and promote public health, safety, morals, comfort, convenience, economy, aesthetics, general welfare, natural and cultural resources, and for the following purposes:
A. 
To provide a flexible system of land use regulation that enables the Village to grow, while preserving its most important historic, natural and cultural features.
B. 
To preserve the unique character of the Village.
C. 
To enhance the sense of community among the Village's residents.
D. 
To promote and preserve the Village's historic structures, sites and cultural features.
E. 
To enhance the aesthetic and architectural quality of the Village.
F. 
To promote a pattern of land use that reinforces the Village as a community center with defined boundaries.
G. 
To conserve important natural resources and features and the rural character of the Village.
H. 
To protect residences from nuisances, odors, noise, pollution and other unsightly, obtrusive and offensive land use activities.
I. 
To allow economic opportunities that are consistent with the character of the Village and meet the needs of its residents.
J. 
To provide a broad range of housing options for all present and future Village residents, including young people, families with children, and the elderly.
K. 
To regulate building density in order to concentrate population in appropriate locations while allowing reasonable privacy for residences, ensuring access to light and air, conserving open space, facilitating the prevention of fires, and minimizing the cost of municipal services.
All provisions of this chapter shall be construed broadly to fulfill the purposes stated in § 120-1 above.
In their interpretation and application, the provisions of this chapter shall be held to be the minimum requirements for the promotion of the public health, safety, convenience, comfort and general welfare. This chapter is not intended to interfere with or abrogate or annul any easement, covenant or other agreement between parties; wherever the requirements of this chapter are at variance with the requirements of any other lawfully adopted rules, regulations or ordinances, the more restrictive or that imposing the higher standards shall govern.
A. 
Land use districts. For the purpose of this chapter, the Village of Rhinebeck is hereby divided into the following districts.
Residential District (R)
Village Center District (VC)
Gateway Business District (GB)
Medical and Professional District (MP)
Fairgrounds District (F)
B. 
Overlay districts. Overlay districts do not change the use and dimensional requirements of the underlying land use districts unless specifically so stated in this chapter. They are not intended to prohibit development, but rather to assure that the siting and design of development is sensitive to historic and environmental resources. On any given parcel of land, more than one overlay district may apply.
Historic District Overlay (HDO)
Special Sensitivity Overlay (SSO)
Land Conservation Overlay (LCO)
A. 
The boundaries of the land use and overlay districts are hereby established on the map entitled "Village of Rhinebeck Zoning Map" adopted by the Village Board of Trustees and certified by the Village Clerk, which accompanies and is hereby declared to be a part of this chapter. Unofficial photoreductions of these maps are appended to this chapter for reference purposes only.
B. 
Interpretation of district boundaries. Where uncertainty exists as to the boundaries of districts as shown on the Zoning Map, the following rules shall apply:
(1) 
Boundaries indicated as approximately following the center lines of streets or highways shall be construed to follow such center lines.
(2) 
Boundaries indicated as approximately following lot lines shall be construed to follow such lot lines.
(3) 
Boundaries indicated as following shorelines of ponds and lakes shall be construed to follow such shorelines and, in the event of change in the shoreline, shall be construed as moving with the actual shoreline.
(4) 
Boundaries indicated as following center lines of streams shall be construed to follow such center lines and, in the event of change in the center line, shall be construed as moving with the actual center line.
(5) 
Boundaries indicated as parallel to or extensions of features indicated in Subsection B(1) through (3) shall be so construed. Distances not specifically indicated on the Zoning Map shall be determined by the scale of the map.
C. 
Lots in more than one district. Where a land use district boundary line divides a lot in single ownership existing at the time of enactment of this chapter, the district requirements of the less restricted portion of the lot shall extend up to a maximum of 35 feet into the more restricted portion of the lot.
A. 
It is the purpose of this chapter to allow flexibility of land use in conformance with the dimensional, use and performance criteria contained herein. In reviewing applications for special permits and site plan approval, it is the responsibility of the Planning Board and, if necessary, the Board of Appeals to attach such conditions as may be necessary to ensure that a proposed use will be compatible with its surroundings and consistent with the purposes of this chapter contained in § 120-1. Such Boards shall deny any proposed use which they find will not or cannot be operated in a manner that satisfies the criteria in this chapter. No structure or land shall be used except as provided in the Allowable Use Groups Chart. See § 120-64 for definitions of the use categories. Uses which are not listed in Table 1 are prohibited.
B. 
In the following Allowable Use Groups Chart, the symbol "p" means the use group is allowed as of right, the symbol "sp" means the use group requires a special permit, and the symbol "X" means the use group is not allowed in that particular district. In the R District, an "SSO" designation indicates that those use groups are allowed by special permit where the Special Sensitivity Overlay applies.
Table 1
Allowable Use Groups Chart
[Amended 6-12-2018 by L.L. No. 2-2018; 11-12-2019 by L.L. No. 4-2019]
Allowable Use Group*
Village Center
Residential
Medical and Professional
Gateway Business
Business Use Group
Agricultural use
X
sp
X
p
Amusement facility
sp
X
X
sp
Auto service station
X
X
X
sp
Craft workshop
sp
X, (SSO)
sp
sp
Financial institutions
p
X
X
p
Funeral home
sp
X
sp
sp
Home occupation
sp
sp
sp
X
Professional office
p
X, (SSO)
p
p
Recreational business
X
X
X
sp
Retail business
p
X
X
p
Service business
sp
X
X
sp
Restaurant
sp
X
X
sp
Residential Use Group
Accessory dwelling unit
sp
sp
sp
X
Alternate-care housing (ACH)
X
sp
sp
X
Apartments
p
X
sp
sp
Bed-and-breakfast establishment
sp
sp
sp
X
Dwelling, single-family
sp
p
p
X
Dwelling, two-family
sp
sp
sp
X
Dwelling, three-family
sp
X
sp
X
Dwelling, multifamily
sp
X
X
X
Lodging facility
p
X, (SSO)
X
sp
Nursing home
sp
sp
X
X
Planned residential development
X
sp
X
X
Room rental home
p
p
sp
X
Short-term rental, subject to § 120-17.1
p
p
p
X
Community Use Group
Cemetery
sp
sp
X
sp
Day-care, family
p
p
p
p
Day-care, family group
p
p
p
p
Educational use
sp
X
X
sp
Hospital
X
sp
X
X
Library
sp
sp
X
sp
Lodge or club
sp
X, (SSO)
X
sp
Municipal use
p
p
X
p
Religious institution
sp
sp
X
sp
Active recreation
sp
sp
X
sp
Passive recreation
sp
p
X
p
*
For Fairgrounds District, see Article VII
In all districts, all uses permitted for each district in Table 1, Allowable Use Groups Chart, shall be permitted as accessory uses, provided that the combination of uses shall meet all of the other provisions of this chapter.
Table 2
Dimensional Table*
Yard, Area, Setback and Height Requirements
Village Center
Village Center-SSO
Residential**
Gateway Business
Medical and Professional
Minimum lot area (square feet)
4,000
4,000
8,000
15,000
8,000
Minimum front yard setback (feet)
0
10*
10*
20
10
Maximum front yard setback (feet)
5
25
25*
40
25
Minimum side yard setback (feet)
0
10
10
20
10
Maximum side yard setback (feet)
25
—
—
—
—
Minimum rear yard setback (feet)
10
10
10
10
10
Minimum lot frontage (feet)
40
40
60
75
70
Minimum lot width (feet)
40
40
60
75
70
Maximum building height (feet)
40
40
35
35
35
Maximum lot coverage
75%
75%
30%
30%
30%
*
For Fairgrounds District, see Article VII
**
Note: Notwithstanding the setback provisions established above, the Planning Board may permit structures in the Residential District to be built anywhere within the setbacks, as measured from the street, of the two adjacent structures on the same side of the street. Corner lots may use the setback of the adjacent lot on each side as the average.
Except as otherwise provided by this chapter, accessory structures shall be allowed in all districts, provided that they meet all of the provisions of this chapter.
Where two properties are separated by a district boundary, the larger of the two required yard setbacks (regardless of which type of yard, front, rear or side yard) applies to the adjoining yards of both properties.
A sight triangle shall be maintained free from visual obstructions at a distance of 25 feet in both directions from the corner of a street for a corner lot, or a distance of 10 feet in both directions from the curb cut of a driveway, so as to provide safe sight distance for both vehicles and pedestrians.
A. 
The following structures and building features may encroach up to three feet into front yard setbacks in all districts: eaves, cornices, bay windows, steps and similar architectural features that are consistent with the neighborhood.
B. 
The following structures and building features may encroach up to seven feet into rear yards in all districts: eaves, cornices, decks, grade level patios and steps and similar architectural features which are consistent with the neighborhood.
No use shall be established 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 and regulations. Continued conformance with such standards shall be a requirement for the maintenance of any certificate of occupancy issued under this chapter.
A. 
Noise.
(1) 
No person shall operate or cause to be operated any source of steady sound, except as set forth below, which exceeds the following limits at any property line of the lot from which the noise is emitted:
(a) 
Eighty decibels between the hours of 7:00 a.m. and 10:00 p.m.; and
(b) 
Seventy decibels between the hours of 10:00 p.m. and 7:00 a.m.
(2) 
In the Village Center and Gateway Business Districts, commercial uses shall not be permitted to have outdoor live music, except as approved by the Village Board of Trustees for specific events. Such uses may have outside speakers if approved under site plan review.
(3) 
The following uses and activities shall be exempt from these noise regulations:
(a) 
Temporary construction or maintenance noises and vibrations between the hours of 7:00 a.m. and 8:00 p.m.
(b) 
Transient noises of moving sources such as automobiles, trucks, motorcycles, construction equipment, and snow removal equipment.
(c) 
Noise from safety signals, warning devices, and emergency generators.
(d) 
The sound of bells or chimes from a place of worship.
(e) 
Noises generated by farm activities.
B. 
Glare and heat. No unreasonable glare or heat shall be produced that is perceptible beyond the boundaries of the lot on which such use is situated.
C. 
Solid wastes. Dumpsters, garbage containers, and other facilities for the storage of solid wastes or recycling materials shall be located behind the front plane of the principal structure and designed to be screened from the street and/or from any adjoining property.
D. 
Fire and explosion hazards. All activities involving and all storage of inflammable and/or explosive materials shall be provided with adequate safety devices against the hazard of fire and explosion and with adequate firefighting and fire suppression equipment and devices standard in the industry.
E. 
Odor. No person, firm or corporation, excluding farms, shall permit the emission of any noxious or offensive odor at the property line of the lot from which the odor is emitted.
F. 
Toxic or noxious wastes. No land use or operation shall be permitted which permits or causes the escape of any toxic or noxious fumes, gases or other wastes outside the building in which the use is conducted.
G. 
Vibration. No activity shall cause or create a steady state or impact vibration discernible at any lot line.
H. 
Maintenance of developed lots. All open portions of any developed lot shall have adequate grading and drainage and shall be continuously maintained in a dust-free and erosion-resistant condition by suitable material.
A. 
General provisions.
(1) 
Construction of new, and replacement of existing fences over 38 inches in height, requires a building permit and must comply with or be brought into compliance with this chapter.
(2) 
The height of fences, gates, walls and vegetative screening shall be measured from the lowest adjoining finished grade, except where used to comply with screening requirements for parking, loading, storage, refuse enclosures, and similar areas.
(3) 
Fences, gates and walls may be built up to, but not on, the property line and must be located entirely on the property of the person constructing the fence, gate or wall.
(4) 
The finished side of the fence, gate or wall shall face neighboring properties or the street.
(5) 
Fences, gates, walls and vegetative screening shall not encroach on any public right-of-way.
(6) 
The owner of the fence, gate or wall must maintain both sides of the fence, gate or wall in respectable condition.
(7) 
The height of fences, gates walls and vegetative screening located within a corner lot or curb cut sight triangle (see § 120-11) shall not exceed 38 inches above the lowest adjoining finished grade.
(8) 
Fences, gates, walls and vegetative screening forward of the front plane of the principal structure on a lot or forward of the rear plane of the principal structure on a side that abuts a street ("front yard enclosures") shall not exceed 50 inches in height. Fences, gates and walls along rear and side yards shall not exceed 74 inches in height.
(9) 
With the exception of vegetative screening, front yard enclosures shall contain evenly spaced gaps and be at least 40% open. Front yard enclosures in the Rhinebeck Village Historic District shall be complementary to the principal structure on the lot and may not be constructed of vinyl or other synthetics, concrete block, or stockade style, nor of other materials prohibited in this chapter.
(10) 
Chain link fencing is prohibited along the perimeter or boundary of a lot, except within the area permitted by the setbacks in a rear yard. Fences of cloth, canvas or other like material are prohibited. Wire fencing, including chain link fencing, is prohibited in the Rhinebeck Historic District.
B. 
Fences, gates and walls in the Land Conservation Overlay. Fences constructed within the Land Conservation Overlay and within 35 feet of a body of water must be constructed of fencing materials so as to provide at least 60% visibility, i.e., so that the view of the body of water is not occluded by more than 40%.
In the Village of Rhinebeck, except for farm lots, for every two acres of land there shall not be more than one adult or fully grown horse, cow, hog, beef cattle, sheep, goat or other four-legged domestic-type farm animal or combination thereof. On any nonfarm lot, the keeping of fully grown chickens, ducks, geese or other fowl shall be prohibited.
A. 
Off-street parking.
(1) 
Findings. The Village finds that large and highly visible parking areas can damage the historic layout and architectural fabric of the Village, interfere with pedestrian accessibility, and reduce the quality of life. The Village also finds that excessive parking requirements can prevent desirable enterprises from locating in the Village, where it is often difficult to provide the off-street parking required by a code based on type and square footage of businesses. However, the Village also recognizes that inadequate parking can diminish quality of life by creating traffic congestion, safety hazards and inconvenience.
(2) 
Establishment of minimum and maximum ranges. In order to balance the need for adequate parking with the need to minimize harm resulting from requiring excessive parking within the Village, off-street parking requirements shall be established within the minimum and maximum ranges shown on the Off-Street Parking Chart. [Please refer to Subsection A(7): Table 3, Off-Street Parking Chart.] The Planning Board will set the number in the course of reviewing applications for site plan and special permit approvals. Uses outside of the Village Center and those that are not subject to site plan review will be required to provide the maximum number of spaces shown for that use on the Off-Street Parking Chart.
(3) 
Criteria for number and layout of spaces.
(a) 
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 environmental, historic and scenic resources.
(b) 
The size of a ninety-degree parking space shall be at least nine feet by 18 feet, and parallel spaces shall be at least seven feet by 22 feet.
(c) 
The minimum ninety-degree aisle width with cars parked on both sides of the aisle shall be 24 feet. The Planning Board shall determine dimensions for angled spaces.
(d) 
In determining the parking requirements for any proposed use, the Planning Board shall consider the following criteria:
[1] 
The maximum number of persons who would be parking at the use, such as employees, customers, clients, members, students or other users, at times of peak usage.
[2] 
The size of the structure(s) and the site.
[3] 
The scenic or historic sensitivity of the site.
[4] 
The availability of off-site, off-street parking within 400 feet that is open to the public, owned or controlled by the applicant, or available on a shared-use basis, provided that the applicant dedicates needed off-site land for public parking or demonstrates a deeded right to shared use.
(e) 
In cases where sufficient space for parking cannot be provided on the site or in the vicinity of the site, taking into account the criteria cited above, the Planning Board may require a fee, in lieu of providing the parking spaces, for each space the applicant is unable to provide. See § 120-16A(5)(a) through (d).
(4) 
Parking access parking bonus.
(a) 
Applicants for building and zoning permits who provide and promote public access to the parking spaces that they are required to provide may be granted a discretionary reduction in the number of required spaces. The reduction in the number of spaces shall be determined by the Planning Board based on the criteria listed above.
(b) 
The Planning Board shall determine if the proposed public spaces qualify as publicly accessible.
(c) 
All spaces that qualify the applicant for a parking bonus shall be marked by a directional sign indicating the location of the public parking spaces.
(5) 
In-lieu fee.
(a) 
The fee in lieu of providing parking spaces shall be based on the minimum number of spaces shown on the Off-Street Parking Chart (Table 3) after subtracting the number of spaces that the applicant actually provides.
(b) 
The fee in lieu of providing parking spaces shall only be implemented when all other reasonable options are exhausted and the number of spaces covered by the fee should not exceed 50% of the permitted minimum number of spaces, as established by the Planning Board.
(c) 
The fee shall be set by the Village Board of Trustees at the recommendation of the Planning Board and will be reviewed annually.
(d) 
The fee collected for each parking space not provided by the applicant will contribute to the parking replacement cost (PRC) of providing and/or maintaining such parking at another location in or near the Village Center.
(6) 
Parking fund.
(a) 
The fee in lieu of providing parking spaces shall be collected and deposited into a separate fund held by the Village.
(b) 
The fund may be used to provide for the acquisition, improvement and maintenance of new and existing parking solutions, including the preparation of a Village parking plan. Acquisition of parking solutions can include, but is not limited to, outright purchase of either property or leases on property or the establishment, and funding of a shuttle service to a parking area either within or outside the Village boundaries. Improvements to parking areas can include lighting, landscaping and redesign. Maintenance includes, among other things, snow removal, landscaping, painting and repaving.
(7) 
Off-Street Parking Chart.
[Amended 11-12-2019 by L.L. No. 4-2019]
Table 3
Off-Street Parking Chart
Use
Number of Parking Spaces
Active recreation
As determined by site plan review
Alternate-care housing (ACH)
As determined by site plan review
Apartment
1 for each apartment
Amusement facilities
As determined by site plan review
Bed-and-breakfast establishment
2 for owner/resident(s), plus 1 per guest room
Cemetery
5
Craft workshop
1 per 500 maximum to 1,000 minimum square feet
Day-care, family
2 extra spaces above home occupation requirements
Day-care, family group
4
Dwelling, accessory unit
1 per unit
Dwelling, multifamily
2 per unit
Dwelling, single-family
2 per unit
Dwelling, two-family
2 per unit
Educational use
1 for each vehicle owned and operated by the school, plus 1 for every 5 minimum to 25 maximum students by design capacity
Funeral home
1 per 300 maximum to 500 minimum square feet
Home occupation
1 additional for each employee
Hospital
1 for each vehicle owned and operated by the hospital, plus 1 per 2 patient beds
Library
1 per 400 maximum to 1,000 minimum square feet
Lodge or club
1 per 200 maximum to 400 minimum square feet
Lodging facility
1.25 per lodging unit
Nursing home
From 0.5 minimum to 1 maximum per unit
Passive recreation
As determined by site plan review
Professional office
1 per 250 maximum to 500 minimum square feet
Recreational business
As determined by site plan review
Religious institution
1 for each 2 maximum to 4 minimum seats
Restaurants
1 space for every 4 indoor seats and 1 space for every 8 outdoor seats
Retail and service Businesses
1 per 250 maximum to 500 minimum square feet
Room rental home
2 for owner/resident(s), plus 1 per guest room
Short-term rental
2 for owner/resident(s), plus 1 per guest room
(Note: All square-foot requirements refer to the gross leasable area of the building or portion thereof dedicated to the use in question.)
B. 
Off-street loading. As with parking, loading requirements vary with the specific uses proposed. Loading requirements shall ensure, to the extent feasible, that trucks can unload cargo in a manner that does not interfere with pedestrian and automobile movements on public road. Requirements for the number and location of loading facilities shall be established by the Planning Board during site plan review based upon the following considerations:
(1) 
The expected maximum number of vehicles using the loading facilities at times of peak usage.
(2) 
The type of business, size of the structure, and size of vehicles to be servicing the structure.
(3) 
The need to ensure pedestrian and automobile safety by separating loading operations from pedestrian and automobile circulation.
(4) 
The need to screen vehicles and loading facilities from publicly accessible areas as well as from abutting properties, including the need for vegetative screening, buffers and/or fencing.
(5) 
The desirability of requiring service roads or alleys to achieve the purposes of this section.
(6) 
Applicable planning and engineering standards, adapted to meet the needs of the particular business use proposed.
(7) 
Other operational characteristics of the business or physical characteristics of the site deemed appropriate by the reviewing board or official.
(8) 
The need to maintain the traditional layout and historic character of the Village, which may preclude the establishment of modern loading facilities in the Village Center. In such cases, on-street loading or other practices that violate Subsections B(3) through (6) above may be allowed.
A bed-and-breakfast establishment may be allowed in an owner-occupied single-family dwelling and a room rental home may be allowed in an owner-occupied single- or two-family dwelling, subject to applicable special permit and site plan approvals and compliance with the following standards:
A. 
Each bed-and-breakfast establishment or room rental home shall be designed, maintained and operated so as to preserve and complement the residential appearance of the site and the existing character of the surrounding area.
B. 
A registered resident host of the property shall live on the site throughout the visitors' stay and supervise guests so as not to disrupt the neighborhood.
C. 
The guest rooms shall be limited to the principal dwelling and/or one accessory building. Any guest room in an accessory building shall have sanitary facilities.
D. 
No guest shall stay for a period of time in excess of 30 days.
E. 
The owner shall collect and preserve registration records for a minimum of three years.
F. 
The owner or resident host may serve breakfast to guests, but a public dining room, restaurant, bar or other commercial use is prohibited.
G. 
Off-street parking shall be located behind the front plane of the principal structure and shall be consistent with the residential character of the site. Parking shall be consistent with § 120-16 and Table 3.
H. 
One identification sign is permitted, not to exceed four square feet in area and five feet in height, and shall be otherwise in compliance with § 120-19, Signs and supporting structures.
I. 
The owner shall give reasonable access for inspections to be conducted to ensure compliance with the provisions of this chapter and the New York State Building Code.
[Added 11-12-2019 by L.L. No. 4-2019]
A. 
Purpose. The purpose of this section is to establish a set of regulations applicable to non-hosted short-term rentals of residential property. These regulations are in addition to all other provisions of this chapter. In the adoption of these standards the Board of Trustees find that non-hosted short-term rentals have the potential to be incompatible with surrounding residential uses, especially when several are concentrated in the same area, thereby having the potential for a deleterious effect on the adjacent full-time residents. Special regulation of these uses is necessary to ensure that they will be compatible with surrounding residential uses and will not act to harm and alter the neighborhoods they are located within.
B. 
Definition. A non-hosted single-family or two-family dwelling, or an accessory dwelling unit, in which at least one and not more than three bedrooms are for overnight accommodation, the rates for which including lodging only, and in which no public restaurant is maintained and no other commercial services are offered. A qualifying property must be the owner's primary residence.
C. 
A short-term rental may be allowed subject to an application for a permit, renewable on an annual basis, and compliance with the following standards:
(1) 
Permits issued for short-term rentals shall be limited to a maximum of 15 within the Village decided by public lottery on an annual basis. No permit may be allowed for any lot located within two lots from a lot where a current permit has been issued from a public lottery draw. Notice of the application prior to issuance of a permit shall be provided to adjoining property owners within 250 feet of the property on which the permit has been issued.
(2) 
The property shall be designed, maintained, and operated so as to preserve and complement the residential appearance of the site and the existing character of the surrounding area. There shall be no change permitted to the residential character of the outside appearance of the building, either by the use of colors, materials, or lighting.
(3) 
An owner leaving Dutchess County overnight during the rental period must engage the services of agent with the right to enter and maintain possession of the dwelling. This agent must be available 24 hours a day to respond to tenant and neighborhood concerns and be capable of responding within two hours of notification from the Village.
(4) 
There shall be no more than six occupants as lodgers at any given time, with a maximum of two occupants per bedroom.
(5) 
The guest bedrooms shall be limited to the principal dwelling and/or one accessory building. Any guest room in an accessory building shall have sanitary facilities within that accessory building approved by the applicable authority.
(6) 
Short-term rentals are limited to 16 days in any one calendar year and there must be a seven-day period of no rental activity between rentals. A "rental day" shall be deemed to mean any day that the property is occupied for rental overnight.
(7) 
The owner shall collect and preserve registration records for a minimum of three years and make them available for inspection upon request of the Code Enforcement Officer.
(8) 
Parking shall be consistent with § 120-16 and Table 3. Any required additional parking shall not be allowed in front of a principal structure by expanding use of an existing driveway.
(9) 
A Village-issued registration plaque must be displayed on the front of the dwelling and a copy of the permit must be displayed within the interior during the duration of its validity. Other than the plaque, the availability of the rental to the public shall not be advertised on the premises.
(10) 
If a property owner advertises their rental, the Village permit number must be included in the listing.
(11) 
An annual satisfactory inspection from the Code Enforcement Officer is mandatory prior to issuance of a permit. The owner shall give reasonable access for inspections to be conducted to ensure compliance with the provisions of the Village of Rhinebeck Code, the NYS Uniform Fire Protection and Building Code and Department of Health Code.
(12) 
All guests are subject to the provisions of § 120-13, General performance standards, and of the enforcement provisions of § 120-62. The owner/agent is responsible for informing each guest of these provisions.
(13) 
A property found not to be in compliance with any section of this law will be subject to a monetary fine in accordance with the schedule below, in addition to any and all applicable remedies and penalties found in § 120-62 that do not conflict with this section.
(a) 
A $1,000 fine will be assessed for·the first offense.
(b) 
A second violation will result in the revocation of the permit, or if the property is operating without a permit the owner will be prohibited from reapplying for any permit.
(14) 
At the time of passage of this law, property owners operating a short-term rental in violation of the above-listed standards will be given a ninety-day grace period in which to apply for a permit.
The purpose of this section is to provide standards for exterior lighting that encourage safety and security, while conserving energy and avoiding excessive lighting, glare, and light pollution over property lines or into the night sky. The following principles and standards apply to all districts:
A. 
All illuminating devices shall ensure that the light source comes from a full cut-off fixture or is fully shielded to avoid glare and allow no light to be emitted above the horizontal plane into the night sky. All moving lights, flashing lights, laser lighting, or uplighting, including searchlights, are prohibited.
B. 
Lighting should be confined and limited to the minimum extent necessary to meet safety, security and other specific approved site plan purposes. Overlighting, direct glare towards streets and sidewalks and light trespass onto adjacent properties shall be avoided, consistent with the following standards:
(1) 
Light levels at the property line for adjoining parcels shall not exceed 0.1 foot candle.
(2) 
Average light levels for paths, sidewalks, and parking lots should not exceed one footcandle.
(3) 
Average light levels from two to a maximum of five footcandles are only permitted in high security locations, as determined by the Planning Board.
(4) 
Automated teller machine (ATM) lighting shall be in accordance with the New York State ATM Safety Act.
(5) 
Photometric plans may be required during the site plan review process.
(6) 
In the Village Historic District Overlay lighting fixtures and supports shall be compatible with the traditional historic character in the district.
C. 
The maximum height to the top of the light-emitting part of any exterior lighting fixture shall be 15 feet above the average finished grade for commercial and other nonresidential uses and 12 feet in the Residential District.
D. 
Full-spectrum light sources are required for residential, commercial, and pedestrian areas to give natural color quality. Energy efficient LED lighting is encouraged. Mercury vapor, low pressure sodium, and neon lighting are prohibited.
E. 
Commercial lighting shall be turned off after business hours, except for window displays and the minimum lighting necessary for site security. Motion-sensor security lighting is recommended to promote safety and to further reduce nonessential lighting in all districts.
F. 
Exceptions to these standards may be made by with the written approval of the appropriate municipal reviewing authority to allow for sports and other specialty lighting, lighting for short-term events, holiday lighting or other decorative light sources under 600 lumens.
G. 
Light fixture specifications, locations, and lighting levels as determined by the Planning Board during site plan review shall be maintained throughout the activities of the approved use.
The design, color, character, size and scale of signs shall be in keeping with and appropriate to the architectural design of the building or structure upon which the signs are placed, the design of the neighboring properties and adjoining signs, and the character of the Village of Rhinebeck. To the maximum extent practicable, signs shall fit within the existing features of the building facade; signs on adjacent buildings shall be aligned with one another.
A. 
General provisions.
(1) 
Except as otherwise provided, a sign permit from the Village of Rhinebeck is required prior to the erection, relocation, alteration of any sign.
(2) 
Signs are not permitted as principal uses.
(3) 
In the Village Center and Gateway Business Districts, each building shall be limited to a total sign area of one square foot in area for every two linear feet of public street frontage occupied by the front plane of the principal structure utilized by an establishment, but not exceeding 30 square feet of visible surface.
(4) 
In the Village Center and Gateway Business Districts, where the design of an existing building facade incorporates a specific area for signs, the height and length of the signs shall be restricted to the dimensions of this area. Such signs may not, however, exceed 30 square feet for any sign parallel to and flat against the facade of a building or 15 square feet for any other sign.
(5) 
No projecting sign may extend more than five feet from the front plane of the principal structure.
(6) 
No attached wall sign shall exceed 12 feet in height from the grade or extend above the facade of the building to which it is affixed.
(7) 
Projecting signs shall not begin less than seven feet and shall terminate no more than 12 feet from the grade.
(8) 
Freestanding signs shall not be permitted unless the front plane of principal structure is at least 20 feet back from the property line.
(9) 
No freestanding sign shall exceed 10 feet in height from the grade.
(10) 
Freestanding signs larger than eight square feet are subject to the setback and required yard provisions in Table 2, Dimensional Table § 120-8.
(11) 
Temporary interior sign coverage not permanently affixed shall not exceed 15% of the glass area or window in which it is displayed. Temporary interior glass or window signs not permanently affixed shall not be counted in the total allowable building signage as set forth in § 120-19A(3).
(12) 
Merchandise sold on the premises and displayed in windows shall not count toward the total signage as long as it is displayed a minimum of 12 inches from the inside of the window.
B. 
Permitted signs. The following types of signs are permitted, provided that they comply with all other provisions of this chapter:
(1) 
Awning and canopy lettering, as regulated in § 120-19E.
(2) 
Temporary signs and banners related to political, civic, philanthropic, educational or religious activities. Such signs shall be limited to 20 square feet in area and to display for a period not exceeding 45 days.
(3) 
Directional signs larger than two square feet, as otherwise defined under exempt signs in § 120-19G.
(4) 
Externally illuminated signs, as regulated in § 120-19D(1).
C. 
Measuring signs.
(1) 
Sign surface area will be the entire area within a single continuous perimeter enclosing all elements which form an integral part of the sign. The structure supporting a sign shall be proportional to the sign and is excluded unless the structure is designed in a way to form an integral background for the display.
(2) 
Identical signs arranged back-to-back shall be counted as one sign.
(3) 
The area of a sign consisting of an insignia or other device, but without background, shall be calculated as the smallest polygon or circle possible enclosing the insignia.
D. 
Illuminated signs.
(1) 
External illumination.
(a) 
External illumination of signs shall be allowed.
(b) 
Down lighting shall be utilized. Light sources shall be enclosed and shielded or screened in a manner not to be seen by passersby from a normal viewing angle and so that it does not interfere with residential or business uses or detract from the safety of motorists or pedestrians.
(c) 
Light sources shall be located and/or shielded so that the artificial light source shall not cross any property line of a lot on which the sign is situated.
(d) 
Light sources shall be limited to full spectrum lamps, and light fixtures and shall be designed to cause a reasonably uniform distribution of light over the full extent of the sign and not beyond.
(2) 
Internally illuminated signage shall be prohibited.
E. 
Awning and canopy lettering.
(1) 
Lettering and graphics on awnings and canopies shall count towards the sign area allowance per building.
(2) 
Awning lettering may contain names, numbers and graphics limited to the business or building name upon which the awning is located.
(3) 
Lettering may be placed on the front and or side panels of the awning, but not on the slope.
F. 
Signs in Residential District. Except for the exempt signs as permitted below and those specifically described in § 120-17H, Bed-and-breakfast establishments and room rental homes, and § 120-30, Home occupation performance standards, and Article X, Special Sensitivity Overlay, all signs are prohibited in the Residential District.
G. 
Exempt signs. The following types of signs may be erected, maintained and removed without permits or fees, provided that they comply with the general and specific requirements of this chapter:
(1) 
One construction, renovation or painter sign, not exceeding six square feet, listing the architect, engineer, contractor and/or owner, in connection with a building permit on the lot where the activity is being conducted. Such signs must be removed upon termination of the building permit. Any such signs not in connection with a building permit are permitted only while the activity is in progress.
(2) 
Directional signs, defined as any on-premises signs providing directions, instructions or facility information. Such signs must not exceed two square feet and must be for the convenience of the general public, identifying public parking areas, fire zones, entrances and exits and similar signs.
(3) 
Flags of any national, state or municipal government may be displayed, except when displayed for commercial promotion. A flag is defined as any standard made of fabric or a flexible material that depicts a national emblem, a state or municipal seal.
(4) 
Historical markers, tablets, memorial signs and plaques, names of buildings and dates of erection when cut into any masonry surface or when constructed of bronze, stainless steel or similar material, and emblems installed by governmental bodies, religious or nonprofit organizations, not exceeding six square feet.
(5) 
Noncommercial sale signs for garage or tag sales, not exceeding four square feet, for a period not exceeding seven days.
(6) 
Nonilluminated warning, private drive, posted or no-trespassing signs, not exceeding two square feet.
(7) 
Number signs and nameplates identifying residents by name, or residences by number, mounted on a house, apartment or mailbox, not exceeding one square foot in area.
(8) 
One sign not exceeding eight square feet for any religious institution.
(9) 
Temporary real estate signs located on a property for sale, lease or rent, or holding open houses. Such signs shall not exceed six square feet and may not be illuminated.
H. 
Prohibited signs. Unless part of an approved site plan, the following signs are prohibited:
(1) 
Abandoned signs.
(2) 
Animated signs.
(3) 
Billboards.
(4) 
Illuminated flashing signs.
(5) 
Self-illuminated signs.
(6) 
Inflated signs and tethered balloons.
(7) 
Internally illuminated signs, including digital displays.
(8) 
Nonconforming signs.
(9) 
Off-premises signs.
(10) 
Portable signs.
(11) 
Roof signs.
(12) 
Signs located in windows above the second story of a building.
(13) 
Signs on side walls of mid-block buildings.
(14) 
Signs incorporating projected images.
(15) 
Signs that emit smoke, vapors or particles, sound or colors.
(16) 
Signs located in or projecting over a public roadway, except those approved by a government body.
(17) 
Signs on parked vehicles or trailers that are visible from a public right-of-way, where the apparent purpose is to advertise a product, service or activity, rather than being used in the day-to-day operation of a business.
(18) 
Any sign which does not comply with the regulations established for the issuance of a permit pursuant to this chapter; or which is determined to have its sign permit revoked; or which is deemed to be an abandoned sign; or which is a nonconforming sign for more than 14 months; or which is not maintained in good and complete condition, with lettering and graphics clean, legible and in true alignment and finishes in good repair.
I. 
Sign repair and removal.
(1) 
All signs shall be brought into compliance with this chapter when replaced, relocated or altered by 25% or more of the material makeup of the sign.
(2) 
The business, property and/or sign owner of any prohibited sign(s) shall be in violation of this chapter until such sign(s) are removed. The Village of Rhinebeck may, with 30 days' prior written notice to the property and/or sign owner(s), remove such sign, without further notice or further proceedings, at the expense of the property and/or sign owner. The expense may be recovered by the Village in an action pursuant to this chapter which shall be instituted in the appropriate court having jurisdiction over this matter.
J. 
The Planning Board may grant a special permit and/or a historical designation for an existing sign with historical character after consultation with the Rhinebeck Historical Society.
A. 
Purpose and objectives.
(1) 
The proliferation of the construction and installation of communications equipment, pole-mounted radio towers and other similar equipment and devices must be reasonably regulated in order to protect the health, safety and welfare of the citizens of the Village of Rhinebeck and, to the maximum degree possible, to coordinate and control the same to preserve and protect the aesthetic qualities of the Village of Rhinebeck and its neighbors. The Village recognizes the demand for wireless communications transmission systems and the need for the services they provide. Wherever possible, wireless communications transmission equipment should be located within existing structures. This chapter acknowledges the requirements of the Federal Telecommunications Act of the 1996, as well as the rights and responsibilities it imposes on both communications providers and local governments.
(2) 
On February 8, 1996, the United States Congress enacted the Telecommunications Act of 1996 (hereinafter referred to as the "Act"). The purpose of the Act is to provide a more competitive environment for wired and wireless communications services in the United States by deregulating the telecommunications industry. The Act preserves the authority of local government to regulate the placement, construction and modification of personal wireless services antennas, towers and accessory structures in order to protect the health, safety and welfare of the public.
(3) 
The purpose of this section of this chapter is to establish predictable and balanced regulations for the siting and screening of personal services antennas, towers and accessory structures. The establishment of such regulations is to accommodate the growth of such systems within the Village of Rhinebeck. Such regulations will further serve to protect the public against any adverse impacts on aesthetic resources. Additionally, the regulations will eliminate potential damage to adjacent properties from tower failure through structural standards and setback requirements. Finally, the regulations set forth in this chapter will reduce the number of towers needed to service the community by maximizing the use of existing towers and structures.
(4) 
This chapter is intended to regulate the placement, construction and modification of towers and telecommunications facilities in order to protect the health, safety and welfare of the public, while at the same time not unreasonably interfering with the development of the competitive wireless telecommunications marketplace in the Village. Specifically, this chapter is intended to:
(a) 
Regulate the location of the towers and telecommunications facilities in the Village.
(b) 
Protect residential areas and land uses from potential adverse impacts of towers and telecommunications facilities.
(c) 
Minimize adverse visual impacts of towers and telecommunications facilities through careful design, siting, landscaping and innovative camouflaging techniques.
(d) 
Promote and encourage shared use/co-location of towers and antenna support structures as a primary option rather than construction of additional single-use towers.
(e) 
Promote and encourage utilization of technological designs that will either eliminate or reduce the need for erection of new tower structures to support antenna and telecommunications facilities.
(f) 
Avoid potential damage to property caused by towers and telecommunications facilities by ensuring that such structures are soundly and carefully designed, constructed, modified, maintained and removed when no longer used or determined to be structurally unsound.
(g) 
Ensure that towers and telecommunications facilities are compatible with surrounding land uses. The Communications Act of 1934, as amended by the Act, grants the Federal Communications Commission (FCC) exclusive jurisdiction over:
[1] 
The regulation of the environmental effects of radio frequency (RF) emissions from telecommunications facilities.
[2] 
The regulation of radio signal interference among users of the RF spectrum.
(5) 
The Village's regulation of towers and telecommunications facilities in the Village will not have the effect of prohibiting any person from providing wireless telecommunications services, thus not violating the Act.
B. 
Procedure to obtain special use permit.
(1) 
No communications tower or antenna system, accessory facility or co-located antenna shall be erected, maintained or permitted within the Village of Rhinebeck, unless a written application shall be made for a special use permit and approved in conformity with this article by the Planning Board of the Village of Rhinebeck.
(2) 
The applicant will be responsible for payment of hearing and mailing fees incurred by the Planning Board. Said fee must be paid at the time of application. The applicable fee shall be in accordance with the fee schedule established and annually reviewed by the Village Board of Trustees and available at the Village Clerk's office. Said application fee shall accompany the Planning Board application.
(3) 
Notwithstanding permit application fees, the applicant shall also be responsible for all professional fees incurred by the Village for adequate support of the Planning Board's review, all as determined by the Village Fee and Deposit Law. Said fees shall be paid within 10 days of being billed; and, if not paid, the application shall be deemed abandoned.
(4) 
The applicant shall submit three copies of the application to the Zoning Enforcement Officer. The application must include all items specified in the section on special permits and must otherwise follow all requirements of that section.
(5) 
The height shall be no greater than that necessary to provide signal coverage to areas of the Village currently unable to be served, as demonstrated in a propagation study submitted by the applicant as part of the application. The maximum height shall not exceed 15 feet above the established height limitation as shown in Table 2, § 120-8, Dimensional Table. For purposes of this section, height shall be the vertical distance from grade, even if the structure is built upon or attached to another structure.
(6) 
Applications for stand-alone towers shall not be granted unless the applicant demonstrates to the satisfaction of the Planning Board that no existing use, structure or alternate technology can accommodate the applicant's proposed use without requiring new construction of such a stand-alone tower.
C. 
Financial security bond or security deposit.
(1) 
The applicant, at the time of obtaining a building permit, must provide a financial security deposit for the construction, maintenance and removal of the telecommunications facility with the Village of Rhinebeck as obligee, in an amount to be approved by the Planning Board, but not less than $25,000.
(2) 
The applicant shall be required to sign an agreement with the Village of Rhinebeck whereby the applicant agrees to remove the tower, antenna(s), cellular accessory structures and other improvements if the telecommunications facility becomes technically obsolete or ceases to be used for its original intended purpose for six consecutive months. The applicant shall further agree that the tower, antennas, cellular accessory structure(s) and other improvements shall be removed within six months of the first date upon which the telecommunications facility becomes technically obsolete or ceases to be used for its original intended purpose for six consecutive months. The aforesaid financial security bond shall be used to guarantee the proper construction, maintenance and removal of the telecommunications facilities should that be required.
(3) 
The applicant shall further agree to continually renew the bond throughout the lifetime of the telecommunications facility.
(4) 
The Planning Board shall have the continuing authority and right to review said bond and its amount and reasonably modify the amount and terms of the same, if it is not consistent with the intent of this article.
D. 
Lease subject to review. Any current or future lease between the applicant and the owner of the proposed telecommunications facility site shall be subject to review by the Planning Board to ascertain whether it is consistent with this article.
E. 
Special permit application requirements.
(1) 
The following tower and antenna application materials are required:
(a) 
Site plan application materials, in form and with content acceptable to the Village Planning Board, as specified elsewhere in this chapter under Article XI, Special Permits and Site Plan Approval, and in sufficient detail and accuracy, showing at a minimum:
[1] 
The exact location of the proposed tower, together with guy wires and guy anchors, if applicable.
[2] 
The maximum height of the proposed tower or antenna(s), scaled section required.
[3] 
Construction drawings and sketches sufficient to allow the Village Engineer or other Village experts to determine the safety and suitability of said proposed construction.
[4] 
The color or colors of the tower and/or antenna(s).
[5] 
The location, type and intensity of lighting, if any, proposed to be located on the tower.
[6] 
Surveyed boundaries of the property upon which the telecommunications facility is located.
[7] 
The location of all structures within the one-hundred-percent-clear zone, along with the distance to those structures.
[8] 
The location, nature and extent of any proposed fencing, landscaping, screening and buffering.
[9] 
The location and nature of proposed utility easements and access road(s), if required.
[10] 
Building elevations of cellular accessory structures or facilities or utility service facilities.
[11] 
Proposed parking, paving and lighting and location of same at the lot upon which the tower is located.
(b) 
"Before" and "after" propagation studies prepared by a qualified radio frequency (RF) engineer demonstrating existing signal coverage, contrasted with the proposed signal coverage resulting from the proposed telecommunications facility. The applicant shall provide a professional resume for the above-referenced RF engineer.
(c) 
Evidence of compliance with Federal Communications Commission (FCC) regulations, non-ionizing electromagnetic radiation (NIER) levels and electromagnetic field (EMF) standards.
(d) 
A search ring prepared by a qualified RF engineer and overlaid on an appropriate background map demonstrating the area within which the antenna needs to be located in order to provide proper signal strength and coverage to the target cell. The applicant must be prepared to explain to the Planning Board why he or she selected the proposed site and discuss the availability or lack of availability of suitable existing structure(s) within the search ring, which would have allowed for co-located antenna(s) elsewhere.
(e) 
An affidavit from the applicant identifying specific attempts to co-locate an antenna within the search area and that such efforts were entirely unsuccessful.
(f) 
A line-of-sight or visual impact study, as follows:
[1] 
Drawings, photographs or computer-generated graphic representation(s) of the views from 1,000 feet away from the north, south, east and west of all natural and man-made features and structures within those views, including the proposed tower and other improvements.
[2] 
A statement as to the potential visual and aesthetic impacts of the proposed telecommunications tower on all adjacent properties including comment on decreased property values.
[3] 
The visual impact analysis shall be prepared and sealed by an engineer or landscape architect registered in New York State.
(g) 
An engineer's statement, or statements from appropriate government agencies, that the proposed telecommunications facility will have no adverse impact on air or surface traffic within 1/2 mile of the tower. In addition to all conditions specified herein, the applicant shall meet all requirements imposed for similar proposed construction within the Village of Rhinebeck.
(h) 
An engineer's certified statement that the reception and/or transmission function of the telecommunications facility will not interfere with the usual and customary transmission or reception of radio, television, etc., services of adjacent properties.
(i) 
For sites in close proximity to significant historical sites or important preservation/conservation areas, the Village will request additional site plans and tower special use permit requirements. These requirements can include specially designed towers, additional screening, greater setbacks and improved landscaping. Siting in these areas should be avoided to the maximum extent possible.
(j) 
Such other additional information, studies, alternative sites and assessments as may be required by the Planning Board to fully review and evaluate the potential impact and location of the proposed tower or antenna.
F. 
Siting regulations.
(1) 
The Village hereby declares, not in order of preference, that the following are the expressed preferred locations of the communications towers and antenna:
(a) 
Property with the least visual impact (tower should be located in the least visible area of the Village).
(b) 
Co-location on existing towers or existing structures.
(c) 
Municipal or government-owned property.
(2) 
It is the obligation of the applicant to submit proof that, after diligent efforts, the above-stated preferences are unavailable, before applying for the location of a tower in the Residential District. The Village of Rhinebeck declares that location of a tower or antenna in a Residential District would result in a more adverse change in the particular district's character and would pose greater difficulty in minimizing the effect of the location of a tower in said district.
(3) 
Any location of a tower, antenna or support system upon an existing structure or building shall be attached, affixed or placed thereon in a manner which is safe for the lifetime of the building or structure and which is safe for the people and structures in and around said tower, antenna and support system.
(4) 
The number and location of antennas or other receiving or transmitting devices and their support system on an existing structure or building shall be as many as is structurally and technically feasible.
(5) 
Notwithstanding other provisions in this article, no tower may be erected closer than twice the radius of the one-hundred-percent-clear zone to any other structure or playground.
G. 
Use regulations.
(1) 
No approved telecommunications facility, antenna or support systems shall hereafter be used, erected, moved, reconstructed, changed or altered unless approved by the Planning Board in conformity with this article. Furthermore, no change in applicant's technology shall be authorized with Planning Board approval. This provision does not require approval for routine maintenance of the telecommunications facility.
(2) 
Where this article conflicts with other laws of the State of New York or the United States, the more restrictive regulation(s) shall apply, except for tower height restrictions, which are governed by this chapter:
H. 
Use standards.
(1) 
Preferred design. Monopoles are the preferred design, followed by guyed towers and then freestanding towers. The Planning Board may, with good cause shown, require one tower design over other tower designs.
(2) 
Visual impacts. Any tower, antenna(s) and accessory facility shall be constructed and designed to have the least practical visual impact on the area within reasonable proximity to the tower, antenna(s) or accessory facility.
(3) 
Landscaping and security of structures and lighting. Landscaping shall be installed on the outside of any fencing. Existing on-site vegetation shall be preserved to the maximum extent practicable. The base of the tower and any cellular accessory structures shall be landscaped. Towers and cellular accessory structures shall be provided with security fencing to prevent unauthorized entry. There shall be reasonable lighting at the base of the structure for security purposes and to further deter unauthorized access. The lighting shall be downcast and directed toward the interior of the enclosed area. The applicant shall be responsible for maintaining fencing, landscaping and lighting during the duration of facility operation.
(4) 
The applicant must submit with his/her application a landscaping plan for review and approval by the Village Planning Board.
(5) 
Color. The Planning Board may require the color or colors that are acceptable as long as said colors are permitted by the FAA. The Planning Board may require a pattern of colors, depending on the proposed location and its visual impact on the area wherein the tower is to be located. The tower color, once approved by the Planning Board, shall not be changed without Planning Board approval.
(6) 
Tower lighting. Communications towers shall be designed and located to avoid, whenever possible, applications of FAA lighting and painting requirements. The Planning Board may, however, require lighting even in the absence of such requirements by the FAA.
(7) 
Signs. The Planning Board may require that "No Trespassing," "High Voltage," or other appropriate warning signs be placed on the lot.
(8) 
Height. The tower height is to be measured from the grade.
(a) 
The maximum height of a tower is 15 feet above the established height limitation as shown in Table 2, § 120-8, Dimensional Table.
(b) 
The height of a tower shall be based on propagation studies obtained by the applicant and based on co-location considerations.
(9) 
Access road and parking. An access road and parking shall be provided for emergency access, where required by the Planning Board.
(10) 
Accessory building and equipment storage.
(a) 
Accessory facilities shall maximize use of building materials, colors and textures designed to blend with the natural surroundings.
(b) 
Accessory buildings and equipment storage buildings are permitted as long as they are used in direct conjunction with the tower and its operation and they are used on a permanent basis. No accessory building can be used for residential purposes.
(c) 
Mobile or immobile equipment not used in direct support of a tower facility shall not be stored or parked on the site of the communications tower, unless actively engaged in maintenance or repairs to the tower.
(11) 
Radio frequency. The Planning Board may impose a condition on the applicant that the communications antenna(s) may be operated at FCC-designated frequencies and power levels and/or EPA technical exposure limits, and that the applicant provide competent documentation to support the requirement that maximum allowable frequencies, power levels and exposure levels for radiation will not be exceeded.
(12) 
Other conditions. The Planning Board shall have the authority to impose such other reasonable conditions and restrictions as are directly related to and incidental to the health, safety and general welfare of the citizens of the Village regarding the location, construction, maintenance, design and removal of a proposed communications tower and its special use permit or site plan.
I. 
Inspection.
(1) 
All towers shall be certified by an engineer to be structurally sound and in conformance with the requirements of the Building Code and all other construction standards set forth by the Village's Code and federal and state law. For new monopole towers, such certification shall be submitted before initial operation and every five years thereafter. For existing monopole towers, certification shall be submitted within 60 days of the effective date of this chapter and then every two years thereafter. The tower owner may be required by the Village to submit more frequent certifications should there be reason to believe that the structural and electrical integrity of the tower is jeopardized.
(2) 
The Village or its agents shall have authority to enter onto the property upon which a tower is located, between the inspections and certifications required above, to inspect the tower for the purpose of determining whether it complies with the Village local law and all other construction standards provided by the Village local law and federal and state laws and regulations.
(3) 
The Village reserves the right to conduct such inspections at any time, upon reasonable notice to the tower owner. All expenses related to such inspections by the Village shall be borne by the tower owner.
J. 
Maintenance. The communications tower, antenna(s), support system and surrounding ground area shall be kept in good order, repair and condition. It shall be the affirmative duty of the applicant, his or her successor, assignee, grantee or transferee to make all repairs and maintenance necessary to make the telecommunications facilities and surrounding grounds safe, secure and visually compliant with the Village local laws and the Planning Board's conditions and terms of approval.
K. 
Co-location requirement.
(1) 
It is the preference of the Village to have future antenna(s) and other communications receivers or transmitters co-located on existing towers to the extent that such towers will accommodate additional transmission devices.
(2) 
Any lease must include a clause, term, provision or condition that permits co-location. The applicant shall provide a copy of all lease agreements to the Village Planning Board as proof of same.
(3) 
Where there are existing communications towers in the Village, the applicant shall be required to submit a report demonstrating good-faith efforts to secure co-location and that said co-location efforts were denied.
(4) 
As part of the application process, an applicant shall supply a statement to the Village that the applicant will, as a continuing condition of a permit under this article, allow co-location on the applicant's tower to the extent technically feasible.
L. 
Exempt telecommunications facilities. The following telecommunications facilities are exempted from this article:
(1) 
Fire, police and other emergency dispatch services where telecommunications facilities are less than 55 feet above grade.
(2) 
Nonbusiness television or radio reception, private citizen band, amateur radio and other similar communications systems utilizing a tower and antenna, which do not exceed 55 feet above grade. "Nonbusiness" means a use for which money, property or something of value is not charged, earned or received by the owner, operator, lessee or person(s) in control of the telecommunications facility.
M. 
Time limits.
(1) 
Once a communications tower or antenna application is approved by the Planning Board, the applicant shall obtain a building permit within the time limits established by § 120-48B, Scope, expiration, revocation and enforcement.
(2) 
Each applicant for an antenna and/or tower and/or the proposed user for an antenna and/or tower shall provide to the Planning Board an inventory of his/her existing towers, antennas or sites approved for towers or antennas, that are either within the jurisdiction of the Village of Rhinebeck or within the borders of the Town of Rhinebeck, including specific information about the location, height and design of each tower. The Planning Board may share such information with other applicants applying for administrative approvals or special use permits under this chapter or other organizations seeking to locate antennas within the jurisdiction of the Village of Rhinebeck; provided, however, that the Planning Board is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.
[Added 4-12-2022 by L.L. No. 1-2022]
A. 
Purpose and intent. The intent of this section is to provide a uniform and comprehensive set of standards for permitting, developing, siting, installing, designing, operating and maintaining small wireless telecommunications facilities ("small wireless facilities") within the Village of Rhinebeck for the following purposes, without limitation:
(1) 
Prevent interference with the use of streets, sidewalks, alleys, parkways and other public ways and places;
(2) 
Prevent the creation of visual and physical obstructions and other conditions that are hazardous to vehicular and pedestrian traffic;
(3) 
Prevent interference with existing facilities and operations of facilities presently lawfully located in rights-of-way or public property;
(4) 
Ensure diligent efforts are made to preserve the unique character of the Village, its aesthetic and architectural qualities, its historic structures, sites, and cultural features;
(5) 
Protect against environmental damage, including damage to trees; and
(6) 
Facilitate deployment of small wireless facilities to provide the benefits of reliable access to wireless telecommunications technology, broadband and 911 services to residents and visitors to homes, businesses, and schools within the Village of Rhinebeck.
B. 
Findings. The Village of Rhinebeck hereby finds the following related to small wireless facilities, as defined herein:
(1) 
The continued development of new technologies for cellular communications, including the so-called 5th Generation, or "5G," is likely to require facilities substantially different in size, scale, and coverage than prior cellular technologies, and, in particular, is likely to result in many more facilities throughout the Village, with each facility being of a lower height and reduced coverage;
(2) 
The development and siting of small wireless facilities therefore has substantial potential to augment the wireless communications resources available to Village residents and visitors;
(3) 
The proliferation of small wireless facilities carries the potential for substantial impact on the Village's scenic resources and thereby reducing the quality of life for residents and visitors;
(4) 
The Rhinebeck Village Historic District is listed on the National Register of Historic Places and is particularly at risk for impact on its integrity and ambience due to irresponsible siting of small wireless facilities;
(5) 
Regulation of the siting and design of small wireless facilities may mitigate their impact on the Village's resources and quality of life; and
(6) 
It is in the best interest of the Village and its residents and visitors to protect the Village against irresponsible or unregulated siting and design of small wireless facilities.
C. 
Definitions. As used in this section, the following terms shall be defined as follows:
ABANDONED
The cessation of all uses of a small wireless facility.
CO-LOCATE
To mount or install an antenna on a shared structure or modify an existing structure for the purpose of mounting or installing an antenna. "Co-location" has a corresponding meaning.
RIGHTS-OF-WAY or ROW
The area on, below, or above a public utility easement, roadway, highway, street, sidewalk, alley or similar property owned by the Village or where the Village has rights of access.
SMALL WIRELESS FACILITY
Equipment that transmits or supports the transmission of cellular communications signals and that meets each of the following conditions:
(1) 
The equipment:
(a) 
Is mounted on a structure 50 feet or less in height, including the antennas; or
(b) 
Is mounted on a structure no more than 10% taller than other adjacent structures, including the antennas; or
(c) 
Does not extend the existing structure on which it is located to a height of more than 50 feet or by more than 10%, whichever is greater, including the antennas;
(2) 
The antenna, excluding associated antenna equipment, is no more than three cubic feet in volume;
(3) 
The facility does not require antenna structure registration;
(4) 
The facility does not result in human exposure to radio frequency in excess of the applicable safety standards specified in 47 CFR 1.1307(b).
UTILITY POLE
A pole that is used in whole or in part for the purpose of carrying electrical distribution lines or cables or wires for telecommunications, cable or electric service or for lighting or a similar function, regardless of ownership.
WIRELESS PROVIDER
Any individual, corporation, limited-liability company, partnership, association, trust, or other entity or organization authorized to provide communications service in the state that builds or installs wireless communication transmission equipment and/or small wireless facilities or provides to the public wireless services using radio frequency signals.
D. 
Application and approval process.
(1) 
No wireless provider shall place, construct, erect, modify, mount, attach, operate or maintain a small wireless facility within the Village unless a written application is made for a special use permit and building permit and is approved in conformity with this section and this chapter by the Planning Board of the Village, its Code Enforcement Officer and its Zoning Enforcement Officer. Such approval shall be conditioned on the applicant and the Village signing a mutually agreeable license agreement. The Zoning Enforcement Officer shall give prompt written notice to any applicant that an application is reasonably considered by the Zoning Enforcement Officer to be incomplete.
(2) 
The Planning Board shall review and evaluate all of the technical and legal questions that arise under each application for a small wireless facility to ensure compliance with this chapter and the State Environmental Quality Review Act[1] and shall have authority to retain independent experts and to require an applicant's contribution of funds, into an escrow account, if appropriate, to assist in such a review. Any such escrow or consultant costs of such review shall be borne by the applicant, in addition to scheduled fees. Whether based on the results of the supplemental review or the Planning Board's own review, the Planning Board may require changes to or supplementation of the application.
[1]
Editor's Note: See Environmental Conservation Law § 8-0101 et seq.
(3) 
No approval granted under this section shall confer any exclusive right, privilege, license, or franchise to occupy or use the public right-of-way for delivery of telecommunications services or any other purpose.
(4) 
A permit for construction issued under this section shall not be valid for more than 12 months unless the Planning Board and applicant agree to an extension and all required fees are paid for the term regardless of construction.
(5) 
Routine maintenance shall not require submittal of a new application, although it shall require all necessary permits for work to be performed.
(6) 
The replacement of a small wireless facility with another small wireless facility that is the same or smaller in size, weight, and height shall not require submittal of a new application, although it shall require notification that all necessary permits for work to be performed have been issued.
(7) 
The following small wireless facility application materials are required:
(a) 
Site plan application materials, in form and with content acceptable to the Village Planning Board, as specified elsewhere in this chapter under Article XI, Special Permits and Site Plan Approval, and in sufficient detail and accuracy, showing at a minimum:
[1] 
The exact location of any proposed small wireless facility, including surveyed boundaries of all applicable rights-of-way and property lines.
[2] 
Construction drawings and sketches sufficient to allow the Village Engineer or other Village experts to determine the safety and suitability of said proposed construction.
[3] 
The color or colors of any new pole(s), antenna(s) and any other associated small wireless facility equipment.
[4] 
Specification sheets of any proposed new pole(s), antenna(s) and any associated equipment proposed to be located at each facility.
[5] 
The location, nature and extent of any proposed landscaping, screening, and other stealth elements.
(b) 
Propagation studies prepared by a qualified radio frequency (RF) engineer demonstrating proposed signal coverage resulting from the proposed small wireless facility.
(c) 
Evidence of compliance with Federal Communications Commission (FCC) regulations, nonionizing electromagnetic radiation (NIER) levels and electromagnetic field (EMF) standards.
(d) 
A line-of-sight or visual impact study, as follows:
[1] 
Drawings, photographs, or computer-generated graphic representation(s) of the views of the small wireless facility from the north, south, east and west of all natural and man-made features and structures within those views, including the proposed facility and other improvements.
[2] 
The visual impact analysis shall be prepared and sealed by an engineer or landscape architect registered in New York State.
(e) 
An engineer's certified statement that the reception and/or transmission function of the telecommunications facility will not interfere with the usual and customary transmission or reception of radio, television, etc., services of adjacent properties.
(f) 
Such other additional information, studies, and assessments as may be required by the Planning Board to fully review and evaluate the potential impact and location of the proposed small wireless facility.
(8) 
If any small wireless facility standard in this section is deemed inapplicable because the applicant demonstrates that the application of the standard results in an effective prohibition on such facilities, the Planning Board shall be permitted to impose additional reasonable alternative conditions to effect the safeguards in question, so long as such alternative conditions comply with all local, state and federal rules, laws and regulations.
E. 
Fees and annual renewal.
(1) 
Applications for small wireless facilities shall be accompanied by the following fees:
(a) 
New pole or replaced pole (not a co-location): $1,000.
(b) 
Single application (up to five wireless facilities, in addition to any fees for a new or replaced pole): $500.
(c) 
Each additional facility in above application beyond five facilities: $100.
(d) 
Recurring fees, ROW access or on Village properties: $270/facility/year, per small wireless facility with annual consumer price index increases based upon the base year of 2019 for the Poughkeepsie, Newburgh, Middletown MSA.
(2) 
Each year on or before January 1, each wireless provider shall submit an affidavit to the Zoning Enforcement Officer listing, by location, all installations it owns within the Village and certifying which installations remain in use and covered by its insurance, which installations it has abandoned, and which installations are no longer in use. The wireless provider shall, at that time, pay any payments required by the Village under this chapter. If a wireless provider fails to make the payments required by the Village, the wireless provider's small wireless facilities shall be deemed abandoned, and the Village may, at its sole option, remove all or any portion of them or take other action as authorized by law. The actual and reasonable expense for removal will be incurred by the wireless provider, its successors or assigns.
F. 
Removal, modification or abandonment.
(1) 
A wireless provider is required to notify the Village of abandonment of any small wireless facility no less than 30 days prior to abandonment. Following receipt of such notice, the Village may direct the wireless provider to remove all or any portion of the small wireless facility that the Village determines to be in the best interest of the public health, safety and welfare to remove. If the wireless provider fails to notify the Village of the abandonment or fails to remove the abandoned facility within 60 days of such notice, the Village may undertake to do so and recover the actual and reasonable expenses of doing so from the wireless provider, its successors or assigns.
(2) 
The wireless provider shall repair all property damage caused by the activities of the wireless provider and shall return the affected property to its functional equivalence before the damage pursuant to competitively neutral, reasonable requirements and specifications. If the wireless provider fails to make the repairs within 60 days of such notice, the Village may effect those repairs and recover the actual and reasonable expenses of doing so from the wireless provider, its successors or assigns.
G. 
Insurance, bonds and indemnification.
(1) 
All wireless providers shall maintain, at all times, insurance with the following minimum coverages: general liability insurance in an amount not less than $1,000,000 per occurrence and $2,000,000 in the aggregate and umbrella insurance in an amount not less than $5,000,000. The Village must be an additionally insured party. All insurance carriers shall carry an A.M. Best rating of "A-" or better. Such insurance shall provide for the waiver by the insurance carrier of any subrogation rights against the Village of Rhinebeck, its agents, servants and employees.
(2) 
Upon approval of the application, the wireless provider shall be required to post bond in the amount of $5,000 for each small wireless facility, each bond to be held and maintained until the removal of the small wireless facility by the wireless provider or by the Village of Rhinebeck as a guarantee to secure the applicant's compliance with all applicable provisions of this section.
(3) 
To the fullest extent allowed by law, any wireless provider constructing, installing, operating, repairing, maintaining and using a small wireless facility shall indemnify, defend and hold harmless the Village of Rhinebeck and its officials, agents, and employees from and against all suits, actions or claims of any character brought because of any injury or damage received or sustained by any person, persons or property arising out of, or resulting from, said wireless provider's breach of any provision of law, including, but not limited to, Standard Specifications and the Permit Manual, or any asserted negligent act, error or omission of the small wireless provider, or its agents or employees, arising from or relating to its small wireless facility. The indemnifications required hereunder shall not be limited by reason of the specification of any particular insurance coverage for any permit. Each small wireless provider's obligations under this provision shall not terminate with the expiration or termination of its permit but shall survive it.
H. 
Location of small wireless facility to be approved by the Planning Board. The following locational priorities shall apply in the order specified, consistent with the Village's obligation to minimize adverse aesthetic impact and to preserve the scenic values of the Village, especially the character of the historic district of the Village of Rhinebeck, which is one of the largest historic districts in the State of New York:
(1) 
Consistent with § 120-20, co-location on existing cellular towers.
(2) 
Consistent with § 120-20, on the roof of any existing municipal buildings.
(3) 
Consistent with § 120-20, on the roof of a hospital, library, or educational use building, the Astor Home and the steeple of a church.
(4) 
On existing utility poles, not in a ROW, where a utility company has rights of access. Such a facility requires approval from the underlying lot owner.
(5) 
On utility poles in the ROW or, where necessary, their replacement.
(6) 
Consistent with § 120-20, rooftop facilities on existing buildings in the Village Center District.
(7) 
On a new pole in a ROW, if the Planning Board, consistent with this section, reasonably determines it necessary.
I. 
Compliance with all applicable laws. The wireless provider shall comply with all applicable local ordinances, including its performance standards, as well as the New York State Building, plumbing and electrical codes, uniform building, fire, electrical, plumbing, or mechanical codes adopted by a recognized national code organization or local amendments to those codes, and the National Electrical Code, National Electrical Safety Code, and the rules, regulations, provisions of the Federal Communications Commission, the Occupational Safety and Health Administration, and any other state or federal agency regulating wireless communications.
J. 
Siting and design standards.
(1) 
General.
(a) 
No installation shall be attached to a traffic signal or its equipment.
(b) 
No installation shall in any way interfere with the use and operation of an existing and operational small wireless facility for which the Village has previously issued a permit.
(c) 
Except for co-location facilities, no installation shall be located closer than 150 feet to another small wireless facility nor 500 feet to any of the wireless provider's other small wireless facilities.
(d) 
All wireless communications equipment on a small wireless facility structure, including the equipment associated with the antenna and any preexisting wireless communications equipment on the structure, cumulatively must be no more than 28 cubic feet in volume.
(e) 
In the Residential District, the small wireless facility shall have a passive cooling system. In the event that a fan is needed, the small wireless facility will have a cooling fan with the lowest noise profile commercially available. In any event, no small wireless facility shall emit noise greater than 40 dBA at the property line at any time.
(f) 
The placement of a small wireless facility shall not require the removal or significant pruning of street trees. No installation shall be placed where, in the determination of the Planning Board, it would limit the ability to plant future street trees based upon any existing standards or guidelines for planting of street trees.
(g) 
No installation shall visually obstruct traffic signals, signage, or sight distances.
(h) 
The bottom of pole-mounted equipment shall be at least 15 feet above sidewalk elevation.
(i) 
The maximum extent of the outside edge of all equipment shall be 24 inches from the pole surface in any horizontal direction.
(j) 
Antennas shall be limited to snug-mount, canister-mount, and concealed and shall be mounted at the top of the pole with a diameter of no more than six inches greater than the diameter of the pole. Where conditions do not permit a top-mounted antenna, the antenna may be side mounted with a minimum height of 15 feet above sidewalk elevation.
(k) 
Pole-mounted equipment and antennas shall not be located within 12 inches of the outside edge of the right-of-way.
(l) 
All cables or wires for the attached wireless equipment shall be located inside the pole, except where such cables or wires must be outside the pole to attach to the ports in the antenna, or are located on existing or replacement wood poles. Where cables or wires must be located outside the pole, they shall be located on the street side of the pole.
(m) 
Where practical and reasonably feasible, all wireless equipment other than antennas shall be located underground in handholes, valves, or duct banks for poles with no existing overhead wires. Subject to the requirements stated elsewhere in these standards, including, without limitation, Subsection J(1)(b), (2)(d), (3)(b) and (d) of this section, no ground-mounted equipment or cabinets shall be permitted for any poles. No additional cables or wires shall be brought overhead from other poles to a new pole. Any additional cables or wires to a new or existing pole must be brought in from underground via conduit.
(n) 
Poles or equipment shall not obstruct access and circulation of pedestrians in the public way pursuant to the Americans with Disabilities Act,[2] including maintaining clear areas at the top of the crosswalk curb ramps and minimum distances between the pole or installation and any other obstruction, such as building walls or other elements.
[2]
Editor's Note: See 42 U.S.C. § 12101 et seq.
(o) 
No utility meters shall be added to any pole except as otherwise required by law and approved by the Code Enforcement Officer.
(p) 
Where the Village has planned a redevelopment or change to a street, sidewalk, square or other area of its right-of-way, no pole or equipment that is inconsistent with the vision and implementation for that area shall be permitted under this section.
(q) 
A small wireless facility on existing, replacement, or new poles shall be located a minimum of 15 feet, measured horizontally, from any above-grade building face, including bay windows, show windows, oriel windows and building projections or overhangs.
(r) 
With wireless industry technological advancement, the wireless provider shall replace larger small wireless facilities with smaller or quieter ones after receiving all necessary permits from the Village.
(s) 
The Planning Board shall retain the authority to propose an alternate location for a small wireless facility and/or support structure to the location proposed in the application that is within 150 feet of the proposed location, if the alternate location does not impose significant technical limits or commercially unreasonable additional costs.
(2) 
Existing poles.
(a) 
Antenna equipment shall be permitted on existing poles that can structurally accommodate the total weight of existing and previously approved equipment, as certified by a structural professional engineer currently licensed in New York. Said certification must be supplied to the Village with application materials.
(b) 
The wireless equipment or antennas shall not be permitted to protrude more than 10% above the utility pole streetlight luminaire, mast arm, utility wires or other existing top-of-pole use.
(c) 
Where antenna equipment is proposed on an existing utility pole, or other privately owned utility or other pole, the wireless provider shall provide documentation from the owner of the pole showing permission to locate antenna equipment on that pole.
(d) 
Where an existing pole or support structure can potentially accommodate co-location of a new small wireless facility, co-location shall be required, unless a) the applicant submits substantial evidence demonstrating the unsuitability of co-location; b) the owner of the support structure is unwilling to accommodate the applicant's equipment and cannot be required to cooperate; or c) the Planning Board finds that co-location would unnecessarily infringe on public safety or aesthetics. For any co-location, where reasonably feasible, all equipment related to the new small wireless facility other than the antennas shall be placed underground.
(3) 
New and replacement poles.
(a) 
A structural analysis report shall be required for new and replacement poles certified by a professional structural engineer currently licensed in New York. Said certification must be supplied with application materials.
(b) 
Poles shall not be more than 14 inches in diameter at the surface of the ground, except where it conceals the equipment within the base.
(c) 
Small wireless facilities and poles shall be located equidistant between existing and proposed trees when possible, with a minimum of 15 feet of separation such that no proposed disturbance shall occur within the critical root zone of any tree. Any proposed pole that cannot meet this spacing must be reviewed by the Village Tree Commission and before consideration by the Planning Board.
(d) 
If, in the determination of the Planning Board, there are no safety or aesthetic concerns, and where it is reasonably feasible, the Planning Board may require that a facility be mounted on a new decorative pole approved by the Planning Board. New decorative poles on streets with existing decorative poles shall match the existing decorative poles. A new decorative pole in the Village Center District shall be of the same or comparable design and color as poles already existing in the Village Center District. All equipment relating to the facility other than the antennas shall be located in an underground vault. In the event it is not possible or reasonably feasible to vault the equipment for the facility, it shall be contained in a decorative base of identical color to the pole so as to minimize its visual and audible impact. Associated electric meters shall be contained within the base.
(e) 
All replacement and new poles shall match the existing poles or streetlight poles in appearance (color and surface treatment), material, and function.
(f) 
The mounting height of the luminaires on replacement streetlight poles shall match the existing mounting height. No new lighting is permitted.
(g) 
When small wireless equipment or antennas are attached to a replacement pole, the primary purpose of the pole shall remain as a pole structure supporting a streetlight luminaire, and/or power facilities, and related fixtures as originally established.
(h) 
Guy wires or other support wire shall not be used.
(4) 
New pole location requirements.
(a) 
Except for co-locating, minimum small wireless facility separation: at least 150 feet from any existing facility.
(b) 
At least 500 feet from any of the wireless provider's other small wireless facilities.
(c) 
Minimum separation from intersection curbline: 30 feet.
(d) 
Minimum separation from hydrant: 15 feet.
(e) 
Minimum separation from proposed tree locations as identified by the Village from the proposed tree's base: 15 feet.
(f) 
Minimum separation from existing water and sewer mains and laterals: four feet.
(5) 
Other aesthetic requirements for small wireless facilities.
(a) 
Standalone poles shall be aligned with existing streetlights, third-party poles, and street trees, as applicable, to maintain a visual and physical organization of structures within the right-of-way, as measured from the center of the base of the pole. When streetlight and street tree alignment are offset within the amenity or curbside zones, the applicant shall prioritize alignment of the small wireless facility with streetlights.
(b) 
No small wireless facility shall be located in the ROW in front of a lot's primary structure in the area delineated by the two lines extending from the sides of such primary structure.
(c) 
No small wireless facility shall be fenced.
(d) 
Small wireless facilities shall be installed using stealth technology to the greatest extent practicable, including, without limitation, the following:
[1] 
Reduced visibility. Antenna arrays, cables, and other accessory facilities used for providing the wireless service shall not be obtrusive.
[2] 
Color. All pole-mounted equipment shall match the color of the pole or its luminaire. The color of the facility shall be compatible with that of the pole.
(e) 
Tree "topping" or tree pruning, or other landscaping, is prohibited unless stated in the application and supported by the Tree Commission and approved by the Planning Board.
(f) 
No small wireless facility shall display a sign unless the sign displays emergency information, owner contact information, warning instructions, safety instructions, as required by a federal, state, or local regulation. Total allowed signage on a small wireless facility shall not exceed one square foot in area. A two-inch-by-two-inch sign shall be placed on each pole located six feet above sidewalk elevation and shall include the company logo or name and pole identification number.