Table of Contents

Chapter A136 Zoning Law Table of Contents
Article I. Zoning Law Scope and Purposes................................................................................... I.1 A. Title................................................................................................................................ I.1 B. Scope............................................................................................................................ I.1 C. Purposes.......................................................................................................................I.1 D. Greenway Compact Program and Guides.............................................................. I.3 E. Local Waterfront Revitalization Program................................................................ I.3 F. How to Use This Zoning Law.....................................................................................I.5 G. Jurisdiction.................................................................................................................. I.5 H. Severability.................................................................................................................. I.6 I. Supersession of Inconsistent Laws, if any............................................................. I.6 J. Interpretation, Conflict with Other Laws................................................................. I.6 K. Effect of Existing Violations....................................................................................... I.6 L. Periodic Review Required......................................................................................... I.7 M. Effective Date.............................................................................................................. I.7 Article II. Establishment of Zoning Districts..................................................................................II.1 A. Zoning Districts.......................................................................................................... II.1 B. Zoning Districts Map................................................................................................. II.9 C. Interpretation of Zoning District Boundaries...................................................... II.10 D. Delineation of Flood Hazard Zones....................................................................... II.10 E. Application of Zoning District Regulations.......................................................... II.11 Zoning Districts Map....................................................................... Follows 11.12 Zoning Map: Hamlet of Rhinecliff Detail...................................... Follows 11.12 Water Resources Overlay District................................................ Follows 11.12 Article III. Article IV. Use Regulations............................................................................................................... III.1 A. District Schedule of Use Regulations................................................................... III.1 Area and Bulk Regulations............................................................................................ IV.1 A. District Schedule of Area and Bulk Regulations................................................. IV.1 B. Existing Non-Conforming Lots of Record............................................................. IV.1 C. Maximum Net Density Per Dwelling Unit............................................................. IV.1 D. Height Exceptions..................................................................................................... IV.2

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E. Corner Lots................................................................................................................. IV.3 F. Architectural Features Permitted in Required Yards.......................................... IV.3 G. Accessory Structures.............................................................................................. IV.4 H. Distance Between Principal Buildings on Same Lot.......................................... IV.4 I. Modification of Front Yard Setbacks..................................................................... IV.5 J. Minimum Lot Width and Frontage Exceptions..................................................... IV.5 K. Transition Requirements Between Zoning Districts........................................... IV.6 L. Freshwater Wetlands and Floodplains..................................................................IV.6 M. Special setbacks on Scenic Roads and in Scenic Areas.................................. IV.7 Article V. Supplementary Regulations............................................................................................ V.1 A. Environmental Performance Standards................................................................. V.1 B. Off-street Parking and Loading Standards............................................................ V.3 C. Sign Regulations...................................................................................................... V.14 D. Fences, Gates and Walls........................................................................................ V.24 E. Excavation as Part of Site Preparation................................................................ V.24 F. Development Near Streams, Rivers, Wetlands and Other Water Bodies...... V.25 G. Development Within the Flood Fringe Overlay (FF-O) District......................... V.25 H. Home Occupations.................................................................................................. V.25 I. Conservation Subdivisions..................................................................................... V.29 J. Water Supply and Sewage Disposal Requirements.......................................... V.48 K. Sanitary Disposal Areas and Facilities................................................................. V.48 L. Swimming Pools....................................................................................................... V.48 M. Solar and Wind Energy Systems........................................................................... V.49 N. Required Screening for Non-Residential Uses................................................... V.51 O. Agriculture................................................................................................................ V.52 P. The Keeping of Farm Animals on Non-Farm Parcels......................................... V.54 Q. Roadside Stands...................................................................................................... V.54 R. Alternate Care Facilities......................................................................................... V.55 S. Outdoor Storage in Residential Districts..............................................................V.55 T. Water Resources Protection Overlay (WR-O) District...................................... V.55 U. Preservation of Natural Features: Design Standards........................................ V.60 V. Lighting Regulations................................................................................................ V.65 W. Landscaping Standards.......................................................................................... V.70 X. Noise Regulations.................................................................................................... V.79

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Y. Habitat and Natural Resource Management...................................................... V.84 Z. Stormwater Management...................................................................................... V.92 AA. Green Building Standards.....................................................................................V.104 BB. Historic Buildings................................................................................................... V.106 CC. Affordable Housing................................................................................................ V.113 Article VI. Special Use Permit Requirements............................................................................... VI.1 A. Intent and Purposes................................................................................................. VI.1 B. Special Use Permit Application Procedures....................................................... VI.2 C. General Standards................................................................................................... VI.6 D. Additional Specific Standards for Certain Uses.................................................. VI.8 1. Two-family dwelling by conversion or new construction.......................... VI.8 2. Multi-family dwelling (new construction).....................................................VI.9 3. Multi-family dwelling (by conversion)......................................................... VI.10 4. Accessory dwelling unit within the principal structure .......................... VI.11 5. Detached accessory dwelling unit.............................................................. VI.12 6. ECHO or Cottage Housing unit...................................................................... VI.13 7. Class 2 Home Occupation..............................................................................VI.14 8. Alternate care housing facility..................................................................... VI.14 9. Cemetery...........................................................................................................VI.17 10. House of worship............................................................................................ VI.17 11. Reserved...........................................................................................................VI.17 12. Library, museum or performing arts center................................................ VI.18 13. Nursery school or day-care facility............................................................. VI.18 14. Educational institution.................................................................................... VI.18 15. Hospital............................................................................................................. VI.21 16. Not-for-profit or other non-commercial outdoor recreation................... VI.21 17. Rod and gun club............................................................................................ VI.22 18. Not-for-profit membership club.................................................................... VI.25 19. Children’s camp or adult day camp..............................................................VI.25 20. Building material supply and sales, including lumberyard...................... VI.25 21. Commercial boarding or breeding kennels................................................ VI.26 22. Conference center.......................................................................................... VI.26 23. Delicatessen.................................................................................................... VI.27 24. Food and grocery stores................................................................................ VI.28

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25. Gas station or automobile service facility...................................................VI.28 26. Hotel or motel.................................................................................................. VI.29 27. Public stable/riding academy....................................................................... VI.29 28. Conventional subdivision development ...................................................... VI.30 29. Auto rental or sales and large equipment rental or sales........................ VI.30 30. Special permit uses within Rhinecliff.......................................................... VI.30 31. Contractor’s yard or establishment..............................................................VI.30 32. Extractive operations and soil mining......................................................... VI.31 33. Public or franchise utility station or structure........................................... VI.33 34. Warehouse including self-storage.............................................................. VI.34 35. Farm market..................................................................................................... VI.34 36. Automated Teller Machine (ATM) ................................................................ VI.35 37. Senior citizen or elderly housing development..........................................VI.34 38. Country Inn 1.................................................................................................... VI.40 39. Country Inn 2.................................................................................................... VI.40 40. Major excavation and/or tree clearing....................................................... VI.43 41. Golf course or country club with a golf course......................................... VI.45 42. Bed and breakfast establishment................................................................ VI.44 43. Commercial recreation facility..................................................................... VI.46 44. Fast-food establishment................................................................................ VI.47 45. Funeral home................................................................................................... VI.47 46. Veterinarian’s office (fully enclosed) ........................................................... VI.47 47. Sawmill and related uses.............................................................................. VI.48 48. Marinas, boat clubs, boathouses, docks, ramps and moorings............. VI.48 49. Passive adult uses.......................................................................................... VI.49 50. Bus Garage.......................................................................................................VI.51 51. Guest cottage.................................................................................................. VI.51 52. Use of Town Design Standards.....................................................................VI.51 53. Flood-fringe Overlay District standards...................................................... VI.51 54. Communications facility and tower..............................................................VI.53 E. Rhinecliff Overlay (Rc-O) District......................................................................... VI.65 F. Rhinecliff - Hamlet Transition (Rc-HT) District.................................................. VI.72 Article VII. Site Plan Review............................................................................................................ VII.1 A. Purposes................................................................................................................... VII.1

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B. Site Plan Approval Required................................................................................. VII.1 C. Uses Subject to Site Plan Approval..................................................................... VII.1 D. Sketch Plan Conference........................................................................................ VII.3 E. Application for Site Plan Approval....................................................................... VII.3 F. Site Plan Design Criteria........................................................................................ VII.9 G. Planning Board Review of Site Plan.................................................................. VII.12 H. Planning Board Action on Site Plan................................................................... VII.15 I. Reimbursable Costs for Site Plan Review......................................................... VII.16 J. Performance Guarantee...................................................................................... VII.16 K. Inspection of Improvements................................................................................VII.16 L. Integration of Procedures.................................................................................... VII.16 M. Relief from Decisions........................................................................................... VII.17 Article VIII. Traditional Neighborhood Development District................................................... VIII.1 A. Intent........................................................................................................................ VIII.1 B. Purposes................................................................................................................. VIII.1 C. The TND Community.............................................................................................. VIII.1 D. Applicability.............................................................................................................VIII.3 E. Required Approvals............................................................................................... VIII.3 F. Pre-existing Conditions......................................................................................... VIII.3 G. Site Plan Exceptions.............................................................................................. VIII.4 H. Application Types................................................................................................... VIII.5 I. Minor Applications................................................................................................ VIII.6 J. Major Applications................................................................................................ VIII.8 K. Density & Site Development Calculations....................................................... VIII.11 L. Environmental Review.........................................................................................VIII.11 M. Provision of Water and Wastewater Infrastructure...................................... VIII.11 N. Maintenance of Open Space............................................................................. VIII.12 O. Subdivision of Land Within the Astor Flats TND............................................. VIII.12 P. Elements of the TND............................................................................................ VIII.12 Q. Allocation of Uses................................................................................................ VIII.12 R. Standards Applicable to Main Street Area and Residential Areas............. VIII.13 S. Main Street Area..................................................................................................VIII.21 T. Residential Neighborhood Areas...................................................................... VIII.22 U. Civic Uses.............................................................................................................. VIII.24

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V. Street Requirements........................................................................................... VIII.24 W. TND Specific Definitions.................................................................................... VIII.30 Article IX. Non-Conforming Uses and Structures.........................................................................IX.1 A. Non-conforming Uses............................................................................................. IX.1 B. Repair or Alteration of Non-conforming Buildings............................................. IX.1 C. Restoration After Damage...................................................................................... IX.2 D. Termination of Certain Uses and/or Structures................................................... IX.2 E. Completion of On-going Construction................................................................... IX.3 F. In crease in Volume of Use..................................................................................... IX.3 G. Compliance with Environmental Performance Standards................................ IX.3 H. Application for Special Use Permit or Site Plan Review................................... IX.3 Article X. Administration and Enforcement.................................................................................. X.1 A. Purpose and Intent.................................................................................................... X.1 B. Definitions................................................................................................................... X.1 C. Code Enforcement Officer and Inspectors............................................................ X.2 D. Zoning Enforcement Officer..................................................................................... X.3 E. Building Permits......................................................................................................... X.4 F. Construction Inspections......................................................................................... X.7 G. Stop Work Orders...................................................................................................... X.8 H. Certificates of Occupancy........................................................................................ X.9 I. Certificate of Use..................................................................................................... X.11 J. Filing of Administration Decision at Time of Appeal.......................................... X.12 K. Notification Regarding Fire or Explosion............................................................. X.12 L. Unsafe Buildings and Structures.......................................................................... X.12 M. Operating Permits.................................................................................................... X.14 N. Fire Safety and Property Maintenance Inspections.......................................... X.15 O. Complaints................................................................................................................ X.16 P. Record Keeping....................................................................................................... X.16 Q. Program Review and Reporting............................................................................ X.17 R. Violations................................................................................................................... X.17 S. Fees............................................................................................................................ X.19 T. Intermunicipal Agreements................................................................................... X.19 U. Reimbursement for Professional Services.......................................................... X.19 Article XI. Zoning Board of Appeals................................................................................................XI.1

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A. Creation, Appointment and Organization............................................................. XI.1 B. Powers and Duties................................................................................................... XI.1 C. Procedure.................................................................................................................. XI.2 D. Relief from Decisions............................................................................................... XI.5 E. Rehearing.................................................................................................................. XI.5 F. Other Provisions of Town Law Section 267-a...................................................... XI.5 Article XII. Amendments....................................................................................................................XII.1 A. Initiation.................................................................................................................... XII.1 B. Legislative Act......................................................................................................... XII.1 C. Report of the Planning Board................................................................................XII.1 D. Town Board Procedure.......................................................................................... XII.2 Article XIII. Definitions...................................................................................................................... XIII.1 A. Terms Used Throughout this Zoning Law Defined........................................... XIII.1 B. Terms Used for Communication Facilities and Towers.................................. XIII.24 C. Terms Used for TND District.............................................................................. XIII.27 D. Terms Used for Building Code........................................................................... XIII.29 E. Terms Used for Historic Buildings..................................................................... XIII.30 F. Terms Used for Lighting Regulations................................................................ XIII.32 G. Terms Used for Sign Regulations...................................................................... XIII.33 H. Terms Used for Noise Regulations.................................................................... XIII.35 I. Article XIV. XIII.35 Reimbursement of Fees and Expenses......................................................................XIV.1 A. Intent........................................................................................................................ XIV.1 B. Professional Fees................................................................................................... XIV.1 C. Escrow Accounts................................................................................................... XIV.2 D. SEQR Review........................................................................................................... XIV.3 Appendix A. Appendix B. Town of Rhinebeck Design Guidelines Flood Damage Prevention Law (Local Law No. 1 of 1987)

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Article I. Zoning Law Scope and Purposes
A. Title.
This Local Law shall be known and may be cited as “The Zoning Law of the Town of Rhinebeck, Dutchess County, New York” or as it is referred to herein simply as the “Zoning Law.”

B. Scope.
This Zoning Law regulates the location, construction, alteration, and use of buildings and structures and the development and use of land within the unincorporated portion of the Town of Rhinebeck and for said purposes divides the Town into the Zoning Districts enumerated in Article II.

C. Purposes.
This Zoning Law is adopted pursuant to the Town Law of the State of New York, Chapter 62 of the Consolidated Laws, Article 16, and Articles 2 and 3 of the Municipal Home Rule Law, to protect and promote public health, safety, comfort, convenience, economy, aesthetics and general welfare and for the following additional purposes: 1. To guide development of the Town in accordance with the Town of Rhinebeck Comprehensive Plan, so that the Town may realize its potential as a place to live and to work, with the most beneficial and convenient relationships among the residential, commercial and mixed-use areas within the Town and with due consideration to: a. The character of the district and its suitability for particular uses, and b. The existing conditions and trends in population, economic value of buildings and neighborhoods, and c. The limitations imposed upon development by natural and cultural resources, and d. The historical patterns of more compact development in the Village and hamlets surrounded by rural, scenic and natural lands, historical features and historic roads. 2. To recognize and continue the rural development patterns that occurred in the Town before the advent of Zoning by discouraging the development of greenfield sites, encouraging development and redevelopment of infill sites and allowing flexibility in the design of new development and ownership of open space. 3. To protect and manage the rural, scenic, natural and historic character of the town. 4. To preserve the integrity, stability and beauty of the community and the value of the land. 5. To enhance the appearance of the Town as a whole, by ensuring that all development shall be orderly and beneficial to the Town, by eliminating inappropriate and poor quality design in the provision of site improvements and in the exterior appearance of structures, and by controlling the erection and maintenance of signs throughout the Town. 6. To protect residential areas and to provide privacy for families by the protection of such areas from, among other factors, the visual and noisome intrusion of non-conforming uses.

Zoning Law Scope and Purposes
Wherever reasonable and appropriate, non-conforming uses should be brought into compliance with the Zoning Law to the extent permitted by law. 7. To facilitate the provision of transportation, water supply, sewage disposal, school, park and other public facilities and services as needed by the community. 8. To protect the character of specifically identified scenic and historic resources and sensitive environmental areas, including wetlands, floodplains and other water bodies prime agricultural soils, and steeply sloped areas. 9. To facilitate the provision of affordable housing and a variety of housing choices for Rhinebeck’s first time homebuyers, seniors and work force, including retailers, laborers, school, hospital/health care, fire and law enforcement personnel and office workers, among others, and take into account the requirements of special, diverse populations when addressing housing needs of the community. 10. To assure that the capital plans of all local, County and State agencies within the Town of Rhinebeck are in compliance with the Town of Rhinebeck Comprehensive Plan. 11. To promote and support implementation of the Dutchess County Master Plan “Directions,” the Greenway Compact program and guidelines known as Greenway Connections, the State designated Scenic District’s Mid-Hudson Historic Shorelands Scenic District Management Plan, the Hudson Valley Scenic Roads Program including the Scenic Roads Handbook, the Town of Rhinebeck Local Waterfront Revitalization Plan including guidance from the Department of State’s Scenic Areas of Statewide Significance publication and other plans adopted by the Town of Rhinebeck. 12. To preserve all designated historic districts, buildings, sites and features for the enjoyment of present and future generations. 13. To achieve social, economic and cultural diversity within the community and to prevent the establishment of any “gated” residential development that is not fully integrated with the community. 14. To preserve the history and integrity of the hamlet of Rhinecliff and ensure that its strong civic and cultural life is maintained. 15. To preserve and protect the Hudson River and its shorelands, and provide and protect visual and physical access to them. 16. To conserve lands suitable and necessary for farming, agriculture and forestry. 17. To perpetuate the pattern of mixed uses and higher densities in the village of Rhinebeck and the hamlet of Rhinecliff, surrounded by low-density rural uses. 18. To preserve and protect open space and viewsheds, agricultural and forested lands and gateways, as Rhinebeck’s housing stock is moderately expanded. 19. To ensure that all new development is pedestrian-friendly. 20. To plan all residential development to be appropriately in keeping with Rhinebeck’s unique, small-town character and its historic and architectural heritage. 21. To conserve lands suitable and necessary for surface and groundwater re-charge, biodiversity and wildlife habitat.

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Article I.2

Zoning Law Scope and Purposes
22. To promote the viability of existing, locally owned businesses in Rhinebeck, and preserve and protect the Village commercial center as a lively and active one. 23. To encourage new businesses in the Town that are built to human scale; provide employment for residents; and offer goods and services geared to their needs. 24. To retrofit existing, non-conforming commercial development over time, in order to respect Rhinebeck’s small-town character and architectural heritage. 25. To encourage tourism in Rhinebeck at a scale that respects the Town’s historic and rural character, making visitors feel welcome while respecting the primary needs of residents. 26. To continually explore opportunities for inter-municipal cooperation with Rhinebeck Village for such community services as police, fire, roads, sewage disposal, refuse and water supply. 27. To ensure that such elements of infrastructure as water supply, sewer and roads are built and maintained to be consistent with community ideals and values, as expressed in Town Comprehensive Plan. 28. To work cooperatively to ensure that schools, libraries and other educational and cultural facilities and organizations are supported at the highest levels. 29. To maintain and enhance Rhinebeck as a center for diverse and inclusive recreational, civic and cultural activities. 30. To collaborate with public and private entities and work regionally with other communities to preserve the unique characteristics and special features of the Town.

D. Greenway Compact Program and Guides.
The Town of Rhinebeck is a member of Dutchess County’s Greenway Compact Program and has adopted Greenway Connections: Greenway Compact Program and Guides for Dutchess County Communities, as amended from time to time, as a statement of land use policies, principles, and guides to supplement other established land use policies in the Town. The Town of Rhinebeck Zoning Law has been designed to be consistent with Greenway Connections and the Greenway Compact Program. All Town agencies shall include the provisions of the Greenway Compact Program in their review of actions under the State Environmental Quality Review Act (SEQR) and the State Historic Preservation Act. New York State agencies must, to the fullest extent practicable, coordinate their activities with the Town of Rhinebeck and conduct their activities in a manner consistent with the Greenway Compact Program. In its discretionary actions under this Zoning Law, the reviewing agency should take into consideration said statement of policies, principles and guides, as appropriate and when in harmony with the Town Comprehensive Plan.

E. Local Waterfront Revitalization Program.
The Town of Rhinebeck has adopted a Local Waterfront Revitalization Program (LWRP). The LWRP has been incorporated into the New York State Department of State’s Coastal Management Program, with concurrence of this incorporation by the federal Office of Ocean and Coastal Resource Management (OCRM). In accordance with the LWRP, the Supervisor of the Town of Rhinebeck and the Town Board will be responsible for overall management and coordination of the LWRP. Each Town agency will be responsible for determining whether its actions are consistent with the LWRP. A

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Article I.3

Zoning Law Scope and Purposes
Waterfront Advisory Committee (WAC), as presently constituted pursuant to Town Code Chapter 118 in its entirety of all appointed members of the Town’s Conservation Advisory Council, has been and will continue to be appointed by the Town Board to make recommendations to the Town Supervisor, the Town Board and other responsible Town agencies involved in the financing, permitting or approval of projects within the Local Waterfront Revitalization Area (LWRA) concerning consistency of actions with the Coastal Policies. Actions within the LWRA include the demolition of historic buildings, which are addressed in Article V, Section BB of this Zoning Law.

Whenever a proposed action is located with the LWRA, the local agency under whose jurisdiction that action falls shall, prior to approving or permitting, funding or undertaking the action, seek the advice of the WAC. The WAC’s advice shall be presented in writing and include, along with its consistency recommendation, any suggestions for modifications the referring official or agency might consider that would make the proposed action more consistent with the LWRP or help advance the LWRP policies and standards. Upon receipt of the WAC’s report, the local agency with jurisdiction to approve or permit, fund or undertake the proposed action will consider the recommendations of the WAC and make its own determination as to whether the proposed action is consistent to the maximum extent practicable with the LWRP or, absent such a finding, either recommend or impose, as pertinent, modifications that would have to be incorporated in the proposed action to merit a determination of consistency with the LWRP. If the agency determines that the action would cause a substantial hindrance to the achievement of LWRP policy standards and conditions, such action shall not be undertaken unless the agency determines with respect to the proposed action that: 1. No reasonable alternatives exist which would permit the action to be undertaken in a manner which will not substantially hinder the achievement of such LWRP policy standards and conditions; 2. The action would be undertaken in a manner which will minimize all adverse effects on such LWRP policy standards and conditions to the maximum extent practicable; and 3. The action will result in an overriding Town, regional or State-wide public benefit. Such a finding shall constitute a determination that the action is consistent to the maximum extent practicable. Each agency shall maintain a file for each action made the subject of a consistency determination, including any recommendations received from the Waterfront Advisory Committee. Such files shall be made available for public inspection upon request.

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Article I.4

Zoning Law Scope and Purposes

F. How To Use This Zoning Law.
This Zoning Law divides Rhinebeck into Zoning districts and establishes rules for the use of land in each district. Article II describes the districts and illustrates their location on their Zoning Districts maps. Other information in this Zoning Law can be found as follows: 1. Refer to the Use Table in Article III, Use Regulations, to determine the uses that are allowed in each district. The definitions found in Article XIII explain what the different use categories mean. The Table of Bulk Requirements in Article IV contains density requirements, setback, and other building and lot dimension standards relating to the development of lots. 2. Articles V, VI, and VII contain regulations that apply to specific types of uses and structures, and the procedures used to apply for and obtain Subdivision, Site Plan and Special Use Permit approvals from the Town Planning Board. Article V also contains the energy efficiency and sustainable building practices required for building construction in the Town. 3. Article V, Section I of contains special conservation requirements and design standards that apply to subdivision and other development of land in the Town. These requirements are in addition to the Town’s Land Subdivision Regulations (See Chapter 101). 4. Article VIII contains special form based regulations that apply to the Traditional Neighborhood Development (TND) district. Development within the Village Gateway and Rhinecliff Hamlet Extension districts are guided by the form based residential design standards of the TND District. 5. Article IX applies to Non-conforming Uses and Structures and Bulk. Article X stipulates the procedures for applying for building permits and certificates of occupancy, and the responsibilities of the Town’s Code and Zoning Enforcement Officers. Article XI describes how to apply for variances from the Zoning Board of Appeals and the consequences of not complying with this Zoning Law. Article XII explains the procedures required for Amendments to this Zoning Law including establishment of a Senior Housing Floating District. 6. Article XIII provides definitions for important terms used in the Zoning Law. Readers should consult the definitions section to obtain a complete understanding of the Zoning Law. 7. Article XIV outlines the requirements for the reimbursement of professional consultant fees in the review of applications before the Town Board, Planning Board, and Zoning Board of Appeals. An escrow account shall be established for such purposes. 8. Appendix A contains complementary Design Standards adopted by the Town Board and considered an integral part of this Zoning Law. The Design Standards are used in conjunction with Article VII to help applicants understand what is intended by the criteria for site design, building design, landscape design and lighting design. There intent is to clarify what is intended, thereby simplifying and speeding the Site Plan approval process.

G. Jurisdiction.
These regulations govern the use, development, and protection of all land and structures within the unincorporated areas of the Town of Rhinebeck, New York, said territory being indicated on the Zoning Maps on file at the Rhinebeck Town Hall. These maps and their boundaries shall be

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Article I.5

Zoning Law Scope and Purposes
incorporated and made part of this Zoning Law and copies can be found in a reduced scale at the end of Article II herein.

H. Severability.
If any Article or specific part or provision or standard of this Zoning Law or the application thereof to any person or circumstance be adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision or application directly involved in the controversy in which such judgment shall have been rendered and shall not affect or impair the validity of the remainder of this Zoning Law or the application thereof to other persons or circumstances and the Town Board hereby declares that it would have enacted this Zoning Law or the remainder thereof had the invalidity of such provision or application thereof been apparent. If any zoning district boundary that may exist in the future is found by a court to be invalid for any reason, the decision of the court shall not affect the validity of any other section, provision, standard, or district boundary of these regulations except the provision in question. The other portions of these regulations not affected by the decision of the court shall remain in full force and effect.

I. Supersession of Inconsistent Laws, if any.
The Town Board hereby declares its legislative intent to supercede any provision of any local law, rule, or regulation or provision of the Town Law inconsistent with this Zoning Law. The Town Law provisions intended to be superceded include all of Article 16 of Town Law, §§ 261 to 285 inclusive and any other provision of law that the Town may supercede pursuant to the Municipal Home Rule Law and the Constitution of the State of New York. The courts are directed to take notice of this legislative intent and apply it in the event the Town has failed to specify any provision of law that may require supersession. The Town Board hereby declares that it would have enacted this Zoning Law and superceded such inconsistent provision had it been apparent.

J. Interpretation, Conflict with Other Laws.
In their interpretation and application, the provisions of this Zoning Law shall be held to be minimum requirements adopted for the promotion of the public health, safety, or the general welfare. Whenever the requirements of this Zoning Law are inconsistent with the requirement of any other lawfully adopted rules, regulations, ordinances or local laws, the more restrictive provisions, or those imposing the higher standards, shall govern.

K. Effect of Existing Violations.
No Subdivision, Site Plan or Special Use Permit shall be approved, no Building Permit, Certificate of Use, or Certificate of Occupancy issued, or variance granted under this Zoning Law for any premises upon which there is an existing violation of this Zoning Law or any related Town, County or State regulation governing either building construction, development or the use of land, buildings and structures within the Town of Rhinebeck. This limitation does not, however, prohibit such an approval, issuance, or grant with respect to a legal non-conforming use or legal non-conforming structure.

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Article I.6

Zoning Law Scope and Purposes

L. Periodic Review Required.
From time to time, at intervals of not more than five (5) years, the Planning Board shall conduct a review of the effectiveness of the provisions of this Zoning Law, including the locations of zoning district boundaries, and shall submit a report thereon to the Town Board, recommending such changes or amendments, if any, which may be desirable in the interest of the public health, safety, convenience, necessity or welfare.

M. Effective Date.
This Zoning Law shall become effective immediately upon its filing in the Office of the Secretary of State of the State of New York, in accordance with the applicable provisions of law, specifically Article 27 of the Municipal Home Rule Law.

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Article I.7

Article II. Establishment of Zoning Districts
A. Zoning Districts.
For the purposes of this Zoning Law, the Town of Rhinebeck hereby establishes and divides the Town into the following zoning districts as illustrated on the Town of Rhinebeck Zoning Map. The intent of the zoning districts is to guide both the conservation and development of the Town’s land and water resources in harmony with the Town Comprehensive Plan, the Dutchess County Plan Directions, the Hudson River Valley Greenway Compact guidelines Greenway Connections, including consistency with the objectives of the Town’s National Historic Landmark District and Local Waterfront Revitalization Plan (LWRP), the Mid-Hudson Historic Shorelands Scenic District Management Plan and scenic roads programs, and any locally- or state-designated protected resources and critical environmental areas. In addition to the zoning districts, this Zoning Law also establishes overlay districts, which add additional requirements to protect identified natural and cultural resources or to encourage specific types of development. Small-scale housing developments for senior citizens have been addressed by this Zoning Law through a floating zone, which is established through the Zoning Amendment process. The zoning districts are listed in tabular form as follows and more explicitly described below that. Maps identifying the Zoning Districts can be found at the end of this Article. The Illustrative Sketch Plan for the Astor Flats TND can be found in Article VIII.
Map Symbol Residential Districts HP20 RA10 RC6 RL5 RM1 NR VG Rc-H Rc-HE Mixed-Use Districts Rc-HT Rc-B TND Commercial Districts BP Cr-B CB-N CB-S Gw-N Gw-E Gw-S Business Park Crossroads Business Community Business - North Community Business - South Gateway - North Gateway - East Gateway - South Rhinecliff Hamlet Transition Rhinecliff Business Traditional Neighborhood Development Historic Preservation Rural Agricultural Rural Countryside Residential Low Density Residential Medium Density Neighborhood Residential Village Gateway Rhinecliff Hamlet Rhinecliff Hamlet Extension District Name

Establishment of Zoning Districts
Map Symbol GB ORP Special Purpose Districts RT UC LC LC-S LC-T CIV Overlay Districts Rc-O Mi-O NI-O WR-O FF-O Floating District SH-F Specific Area Plans Astor Flats Traditional Neighborhood Illustrative Sketch Plan (See Article VIII) Senior Housing - Floating Rhinecliff - Overlay Mining - Overlay Neighborhood Infill - Overlay Water Resources - Overlay Flood Fringe - Overlay Rail Transportation Corridor Utility Corridor Land Conservation Land Conservation - Streams Land Conservation – Trail Civic District Name General Business Office Research Park

Historic Preservation (HP20). The “Historic Preservation (HP20)” District recognizes the importance of the community’s historic properties, constituting Rhinebeck’s portion of the Hudson River National Historic Landmark District, the most prestigious designation of historic resources in the nation. Its significance, in part, relates to the HP20 District’s importance in American History and its significance as a landscape that inspired the Hudson River School of Painting, where “America’s love of its landscape was born.” The HP20 District contains numerous scenic viewsheds of importance and contributing National Register properties, many of which were designated for their nationally significant scenic and landscape qualities. The HP20 District has also been recognized with New York State’s Mid-Hudson Historic Shorelands Scenic District designation, the Estates District Scenic Area of Statewide Significance, contains State Scenic Byways and a Coastal Zone area and is within the area designated by the federal government as an American Heritage River. It is also within the Hudson River Valley National Heritage Area and the state’s Hudson River Valley Greenway. The views from the HP20 District to the west, with the Hudson River and the Catskill Mountains in the distance, are exceptionally desirable and continue to make this area an extremely important asset for Rhinebeck, New York State and the Nation. Sensitive handling of all development in this area is crucial to maintaining the estate character that lends so much importance to Rhinebeck’s nationally significant historic, environmental and scenic assets. Flexibility in the design of conservation developments is needed to preserve open space, to preserve the rural and historic estates character of the District and to respect the environmental and scenic resources contained there. These unique attributes also requires flexibility of open space ownership to be considered.

Rural Agricultural (RA10). The “Rural Agricultural (RA10)” District recognizes the importance of the Hudson River National Historic Landmark District (as described

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Article II.2

Establishment of Zoning Districts above in the HP20 District) and locations where rural and agricultural lands have historically predominated. In addition to historically significant rural and agricultural lands, the RA10 District contains numerous scenic viewsheds of importance, contributing National Register historic and scenic properties, many of which were designated for their nationally significant scenic and landscape qualities. Portions of the RA10 District have also been designated within the State’s Mid-Hudson Historic Shorelands Scenic District, the Estates District Scenic Area of Statewide Significance, and the RA10 District also contains State Scenic Byways and a Coastal Zone area and is within the area designated by the federal government as an American Heritage River. It is within the Hudson River Valley National Heritage Area and the state’s Hudson River Valley Greenway. Sensitive handling of all development in this area is crucial to maintaining the rural and agricultural character that lends so much importance to Rhinebeck’s historic significance. Development should be clustered in a flexible manner to preserve open space, to preserve the rural character of the RA10 District and to respect the environmental, scenic and agricultural resources contained there. These unique attributes also requires flexibility of open space ownership to be considered. Rural Countryside (RC6). The “Rural Countryside (RC6)” District recognizes the pattern of rural-density development in an area of the Town where significant environmental constraints are abundant. The purpose of the RC6 District is to maintain the Town’s historic pattern of rural, forested and agricultural settlements, characterized by large expanses of open space and unspoiled views from the road, a scattering of residences, farms, and rural businesses, and clustered development surrounded by open space. Development should continue to be clustered to preserve open space, to preserve the rural character of the RC6 District and to respect the environmental, scenic and agricultural resources contained there. Flexibility in the design of conservation developments is needed to preserve open space and the rural and agricultural character of the District. These unique attributes also requires flexibility of open space ownership to be considered. Residential Low Density (RL5). The “Residential Low Density (RL5)” District recognizes an area of limited rural residential development adjoining the Hamlet of Rhinecliff east of Morton Road. A continuation of residential uses in this area, if appropriately sited, will help preserve the sense of openness in existing scenic and agricultural areas, respecting the environmental sensitivity, aesthetic quality and the original 1863 Hamlet subdivision plan for these lands. Conservation subdivision design is an appropriate method of addressing development in this District. Residential Medium Density (RM1). The “Residential Medium Density (RM1)” District represents most of the existing developed areas between the Village of Rhinebeck and the Hamlet of Rhinecliff along Rhinecliff Road. The RM1 District is intended to allow a continuation of more concentrated, medium density residential development near the Village of Rhinebeck and where served by municipal central water and potentially common sewage facilities. If adequate land exists, development should be clustered using the conservation subdivision design process to preserve July 2008 Draft Article II.3

Establishment of Zoning Districts significant open spaces and foster pedestrian and bikeway linkages between residential neighborhoods and the business, service and recreational facilities located in the Village and Hamlet centers. Neighborhood Residential (NR). The purpose of the “Neighborhood Residential (NR)” District is to continue to provide land for manufactured homes for permanent residents, thereby ensuring there can continue to be a diversity of housing types in the community. Maintaining a density of one dwelling per 6,000 square feet of land area is appropriate in the two locations where manufactured homes are found. The NR District on Route 9 should eventually link to the Astor Flats TND through pedestrian and bicycle facilities only. Village Gateway (VG). The purpose of the “Village Gateway (VG)” District is to allow for the development of residential neighborhoods within walking distance of the Village where central water and sewer services are potentially available. This District is designed to provide a diversity of housing types in the community and to promote architectural design that is compatible with the overall historic character of the Village and Town of Rhinebeck. The District adjoins the Northern gateway to the Village on Route 9 and the Western gateway to the Village on Rhinecliff Road and Astor Drive where it is appropriate for compact village-like development at a density of one dwelling per 6,000 square feet of land area. Development in this District shall be guided by the design standards in Article VIII for traditional neighborhoods (see TND below). Traditional Neighborhood Development (TND). The purpose of the “Traditional Neighborhood Development (TND)” District is to create a place in the Town for new development that reflects the traditional scale, density and character of the Village of Rhinebeck. The Astor Flats TND is a mixed-use residential and commercial district, as illustrated on the conceptual plan in the Rhinebeck Comprehensive Plan and in Article VIII herein. The TND District requires that new development be fully integrated as a pedestrian oriented neighborhood and a diversity of housing types must be provided. The TND District is intended to provide for compact development while avoiding suburban sprawl, more efficient delivery of infrastructure, while avoiding or reducing environmental degradation and traffic congestion. Rhinecliff Hamlet (Rc-H). The “Rhinecliff Hamlet (Rc-H)” District recognizes Rhinecliff’s importance as a mid-19th Century planned traditional neighborhood in the Town of Rhinebeck. Containing over 100 historic structures, Rhinecliff is a small center for civic life, culture and limited commercial activity. While Rhinecliff has some limited potential for growth, its historic character must always be preserved and protected. The Hamlet’s unique qualities of architectural design and scale demands that new development be in harmony with existing development, preserves the pedestrian character of the Hamlet, improves its visual character, protects residential uses and enhances the Hamlet as a secondary cultural center for the Town. Rhinecliff - Hamlet Transition (Rc-HT). The “Rhinecliff Hamlet Transition (Rc-HT)” District applies to property that has the potential to be adaptively reused for low-

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Article II.4

Establishment of Zoning Districts intensity mixed-uses as a transition between the Rhinecliff Business and Rhinecliff Hamlet districts. To maintain and protect the small-scale historic residential quality of this property, adaptive reuse is allowed subject to conditions designed to protect the residential quality of the structures and those contiguous thereto, by retaining, strengthening, and enhancing their residential characteristics and ensuring that new low-intensity business uses respect the continuing residential uses. Rhinecliff - Hamlet Extension (Rc-HE). The purpose of the “Rhinecliff - Hamlet Extension (Rc-HE)” District is to allow for the development of a residential neighborhood within walking distance of the Hamlet where central water services are available. This District is designed to provide a diversity of housing types in the community and to promote architectural design that is compatible with the overall historic character of the Hamlet. The District adjoins the Northern gateway to the Hamlet on Rhinecliff Road where it is appropriate for compact hamlet-like development at a density of one dwelling per acre of land area. Development in this District should include a trail network and greenway around the existing Hamlet of Rhinecliff, employ conservation subdivision design, provide a buffer to adjoining development, and direct access to Rhinecliff Road near or directly opposite Slate Dock to reduce traffic on Orchard Street. Development in this District shall be guided by the design standards found in Article VI, Section F for the Rhinecliff Overlay (Rc-O) District. Rhinecliff - Business (Rc-B). The “Rhinecliff Business (Rc-B)” District is intended to allow small-scale commercial uses to serve the local needs of the Rhinecliff Hamlet. Careful review of both site and architectural elements is intended in this and other commercial districts to enhance the overall quality of site development and to promote architectural design that is compatible with the overall historic character of the Hamlet. Business Park (BP). The “Business Park (BP)” District is intended to provide an area for orderly, attractive development of business clusters serving community needs. These clusters are to be accessed by a limited number of curb cuts along NYS Route 9G in order to minimize conflicts with through traffic and conserve the capacity of the roadway, where feasible, while avoiding environmental impacts. Curb cuts are to be minimized by encouraging vehicular linkages between establishments. Careful review of both site and architectural elements is needed in this and other commercial districts to enhance the overall quality of site development and promote architectural design that is compatible with the overall historic character of the Village and Town of Rhinebeck. Crossroads - Business (Cr-B). The “Crossroads Business (Cr-B)” District is intended to allow traditional small-scale business offices, cultural and farm-related retail uses at one of the busiest intersections in the community. As the Cr-B District develops, new, expanded or redeveloped uses should enhance the quality of the built environment and promote architectural designs compatible with the rural, scenic, historic, and natural

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Article II.5

Establishment of Zoning Districts character of the community and should be consistent with a future roundabout at this intersection. Community Business - North (CB-N). The “Community Business - North (CB-N)” District is intended to provide attractive development of business activities that serve community needs. Careful review of both site and architectural elements is intended in this and other commercial districts to enhance the overall quality of site development and promote architectural design that is compatible with the overall historic character of the Village and Town of Rhinebeck. Community Business - South (CB-S). The “Community Business - South (CB-S)” District is intended to provide a place for attractive development of business activities that serve community needs. A limited number of curb cuts along NYS Route 9 are encouraged to minimize conflicts with through traffic and conserve the capacity of the roadway, while providing linkages between business establishments on adjacent parcels. Careful review of both site and architectural elements is intended in this and other commercial districts to enhance the overall quality of site development and promote architectural design that is compatible with the overall historic character of the Village and Town of Rhinebeck. Gateway South (Gw-S). The “Gateway - South (Gw-S)” District is intended to allow a place for small-scale professional, administrative and related office uses at the southern gateway to the Village and Town. Restrictions on building height and lot coverage, coupled with careful review of both site and architectural elements, are intended to promote a scale and quality of development compatible with the rural and historic character of the community. Gateway East (Gw-E). The “Gateway - East (Gw-E)” District is intended to provide a place for small-scale retail farm and related uses at the eastern gateway to the Village and Town. Restrictions on building height and lot coverage, coupled with careful review of both site and architectural elements is intended to promote a scale and quality of development compatible with the rural and historic character of the community. Gateway North (Gw-N). The “Gateway - North (Gw-N)” District is intended to provide a place for small-scale professional, administrative office and hospitality uses at the northern gateway to the Town of Rhinebeck. Restrictions on building height, setbacks and lot coverage, and minimizing access to Route 9G while providing linkages between business establishments on adjacent parcels are required through unified site design and careful review of both site and architectural elements. This District is intended to promote a scale and quality of new development architecturally compatible with the rural and historic character of the community. General Business (GB). The “General Business (GB)” District is intended to provide a place for small scale, local commercial uses on NYS Route 9 adjacent to the Village of Rhinebeck. Careful review of both site and architectural elements is intended in this and other commercial districts to enhance the overall quality of site development and July 2008 Draft Article II.6

Establishment of Zoning Districts promote architectural design that is compatible with the overall historic character of the Village and Town of Rhinebeck. Office Research Park (ORP). The “Office Research Park (ORP)” District is intended to provide a place for orderly, attractive development of office, commercial and light manufacturing uses along NYS Route 9G to increase tax base and employment opportunities within the Town. Large setbacks and a minimum of curb cuts shall be maintained in order to conserve scenic views and the capacity of Route 9G. The concept of a feeder or service road shall be encouraged to carry out this objective while providing linkages between business establishments on adjacent parcels. Site plan controls, large setbacks, and extensive landscape requirements are intended to buffer adjoining residential properties. Careful review of both site and architectural elements is intended in this and other commercial districts to enhance the overall quality of site development and promote architectural design that is compatible with the overall historic character of the Village and Town of Rhinebeck. Rail Transportation Corridor (RT). The “Rail Transportation Corridor (RT)” District applies to the lands occupied by the CSX corridor along the Hudson River. The Rail Transportation Corridor serves a local transit function but also carries international rail traffic. The scenic importance of the corridor, its potential for providing access and recreation on the Hudson River, and its prominent location in the Town’s “front-yard” must never be altered to the detriment of the community. Utility Corridor (UC). The “Utility Corridor (UC)” District applies to the lands occupied by Central Hudson’s high voltage electric transmission corridor through the Town. Some areas of the UC District are coincident with the LC-T District encompassing the Hucklebush rail right-of-way and other trail opportunities. Land Conservation (LC). The “Land Conservation (LC)” District is intended to provide for conservation of natural and cultural resources, open space, agriculture, forestry and limited recreational use of the Town’s most ecologically-sensitive lands, including those most closely related to the principal watercourses and wetlands throughout the Town. The LC District also includes lands protected by conservation easements, dedicated to public use and enjoyment of the natural scenic qualities of lands, and those parcels dedicated to recreational or conservation and conservationrelated uses. Land Conservation (LC-S). The “Land Conservation - Streams (LC-S)” District is intended to provide for conservation of water resources, which represent some of the most sensitive environmental features found in the Town. Land Conservation - Trails (LC-T). The “Land Conservation - Trails (LC-T)” District is intended to provide for conservation, open space and eventual public recreational use of the former Hucklebush rail corridor as shown on the Zoning Map. The Hucklebush rail corridor has been recommended as a multi-use trail corridor for over 30 years by the Town of Rhinebeck and is recommended as a trail corridor on the New York State Greenway Trails Plan. Development proposals should include reservation of the rail July 2008 Draft Article II.7

Establishment of Zoning Districts corridor area for future trail and open space use but such proposals shall not be penalized for reserving the rail corridor acreage when calculating density. If public access or recreational use is not feasible on an individual parcel of land when development proposals are approved, then such proposals should include reservation of these lands for future conservation and open space use. Civic (CIV). The purpose of the “Civic (CIV)” District is to recognize the value and contributions that existing civic, municipal and municipally-sponsored uses make to life in the Town by permanent designation of their locations. All Town uses must conform to the Zoning requirements for civic uses, which include government buildings and other facilities. Rhinecliff Overlay (Rc-O). The “Rhinecliff Overlay (Rc-O)” District delineates an historic area that has grown with unique characteristics, creating a special identity for the entire Hamlet of Rhinecliff. The Rc-O District is intended to preserve the integrity of the Hamlet through zoning requirements designed to protect its unique qualities. It is also intended that such zoning requirements regulate development and redevelopment, architectural design and scale, landscaping, streets and streetscapes, scenic views, signage, transportation and historic preservation. The Rc-O District is intended to encourage the continuation of uses that are in harmony with the smallscale of the Hamlet and the surrounding area (especially its unpretentious homes), to preserve and enhance the pedestrian character of the Hamlet, to improve its visual character, protect residential uses and enhance the Hamlet as a secondary cultural center for the Town. Neighborhood Infill Overlay (NI-O). The “Neighborhood Infill Overlay (NI-O)” District is intended to provide additional development in existing hamlet areas in the Town. Its purpose is to allow for more compact development than permitted within the underlying Zoning District, on more traditional smaller lots of one acre, provided water and sewer services can be accommodated. Mining Overlay (Mi-O). The “Mining Overlay (Mi-O)” District delineates the areas within the Town of Rhinebeck where extractive operations and soil mining are allowed through Special Use Permits, provided all requisite permits are obtained from the New York State Department of Environmental Conservation and the Town of Rhinebeck to conduct such activities. Water Resources Protection Overlay (WR-O). The Town of Rhinebeck deems the protection of its surface and ground water resources to be an important public purpose and finds that, to the extent practicable, future development of the Town should minimize alteration of, or construction within, these significant environmental resource areas. In furtherance of this objective, the Water Resources Protection Overlay (WR-O) District is established on the Town’s Zoning District Map to define the location of these water resources and to provide for their protection in the manner set forth in Article V, Section T of this Zoning Law.

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Article II.8

Establishment of Zoning Districts Flood-Fringe Overlay (FF-O). The “Flood-Fringe Overlay (FF-O)” District encompasses those lands designated by the Federal Emergency Management Agency (FEMA) as a floodplain area with special flood hazards that has a one percent (1%) chance of a flood occurring during any given year. Senior Housing - Floating (SH-F). The purpose of the “Senior Housing - Floating (SHF)” District is to enable the Town Board to permit, on a case-by-case basis, senior housing that satisfies the need for housing developments, located and designed to meet the special needs and habits of senior citizens, in locations where it will fully integrate with surrounding land uses. Senior housing can contribute to the dignity, independence and meaningful activity of senior citizens in their retirement years. It is recognized that housing for the elderly, if not properly located, constructed and maintained, may be detrimental to the general welfare, health and dignity of the occupants of such developments and to the Town at large. Senior citizens have different needs from the population as a whole. These needs often include support services, such as central food service, social services and referral consultation, medical services, housekeeping assistance and central laundry. Senior citizens also need to be provided with a comfortable, independent and supportive setting where they can move when a private residence is no longer appropriate. Senior housing developments can be integrated into existing residential neighborhoods if properly planned, constructed and maintained but such developments shall never be separated from the community through the use of “gates” or “gate-houses.” A senior housing development that blends into the existing fabric of the community has a much higher degree of acceptance by neighbors, and the senior citizens who live there find it much easier to become a part of the community as a whole. The SH-F provisions are contained in Article VI, Section D(37), but these provisions cannot be invoked unless a Zoning Map amendment has been approved in accordance with Article XII of the Zoning Law.

B. Zoning Districts Maps.
The location and boundaries of said districts are shown on the “Zoning Districts Map, Town of Rhinebeck” including a map showing greater detail for the Zoning district boundaries in the Hamlet of Rhinecliff and the locations of special overlay districts on the Water Resources Protection Overlay (WR-O) District map. Said maps, together with all explanatory matter thereon and all amendments thereto, is hereby adopted and is declared to be an appurtenant part of the Zoning Law. Said maps shall be kept up-to-date and shall be located in the Town Clerk’s office at Town Hall for the use and benefit of the public. Certified copies of said maps shall also be on file in the offices of the Planning Board and the Town Zoning Enforcement Officer at Town Hall. For convenience, reduced scale maps can be found at the end of this Article. Persons using this Zoning Law and its reduced scale maps are on notice to verify any amendments that may have been made to the official and certified maps on file in Town Hall.

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Article II.9

Establishment of Zoning Districts

C. Interpretation of Zoning District Boundaries.
Where uncertainty exists with respect to the boundaries of any of the aforesaid Zoning Districts, as shown on the Zoning District Map, the following rules shall apply: 1. Where district boundaries are indicated as approximately following the centerlines or right-ofway lines of streets, highways, public utility easements, or watercourses, said boundaries shall be construed to be coincident with such lines. Such boundaries shall be deemed to be automatically adjusted if a centerline or right-of-way line of such street, highway, public utility, or watercourse is moved a maximum distance of fifty (50) feet by action of a person other than the owner of the affected land area. 2. Where district boundaries are indicated as approximately following the Town or Village boundary line, property lines or projections thereof, said boundaries shall be construed to be coincident with such lines or projections thereof. 3. Where district boundaries are so indicated that they are approximately parallel to the Town or Village boundary line, property lines, lot lines, right-of-way lines, or projections hereof, said boundaries shall be construed as being parallel thereto and at such distances therefrom as indicated on the Zoning District Map or as shall be determined by use of the scale shown on said Map. 4. Where a district boundary line divides a single lot of record in single or joint ownership at the time such line is established, the regulations for the less restricted portion of such lot may, at the owner’s discretion and, with the exception of the Flood-Fringe Overlay (FF-O), Land Conservation (LC), Land Conservation-Streams (LC-S), Land Conservation-Trails (LC-T), and Water Resources Overlay (WR-O) districts, extend not more than thirty-five (35) feet into the more restricted portion, provided the lot has street or highway frontage in the less restricted district. 5. For the purposes of this section, the "more-restricted portion" shall be deemed that district subject to regulations which: a. Prohibit the use intended to be made of said lot; or b. Require higher standards with respect to density, setbacks, coverage, yards, screening, landscaping, lighting, signage and similar requirements. 6. In all other cases, where dimensions are not shown on the Zoning District Map, the location of the boundaries shown on said Map shall be determined by use of the scale appearing thereon.

D. Delineation of Flood Hazard Zones.
The boundary of the Flood-Fringe Overlay (FF-O) District is established herein, as delineated on the most current edition of the appropriate “National Flood Insurance Program” maps as issued for the Town of Rhinebeck by the Federal Emergency Management Agency (FEMA). Such areas are illustrated on the WR-O Districts map. Any revisions, amendments or successors thereto by FEMA, are hereby adopted and made a part of this Zoning Law because floodplains naturally change over time and, to remain accurate, are updated regularly by the federal government. The latest edition of said maps shall be kept on file in the Offices of the Town Clerk and the Town Code Enforcement Officer for the use and benefit of the public. The most up-to-date maps are also

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Article II.10

Establishment of Zoning Districts
available directly from FEMA on the Internet at www.fema.gov. Persons using the reduced scale WR-O District map are on notice to verify any amendments that may have been made to the official and certified maps on file in Town Hall or by contacting FEMA directly.

E. Application of Zoning District Regulations.
Except as hereinafter otherwise provided: 1. No building, structure or land shall hereafter be used or occupied, and no building or structure or part thereof shall hereafter be erected, moved, altered, reconstructed or enlarged for any purpose except in conformance with the regulations herein specified for the district in which it is located. 2. No part of a yard or other open space required in connection with any building or use shall be included as part of a yard or other open space similarly required for another building. 3. No yard or lot existing at the time of the passage of this Zoning Law shall be reduced in size or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this Zoning Law shall meet the minimum requirements established by this Zoning Law, with such lots established in full accordance with the requirements of the Town’s Land Subdivision Regulations and other land use controls. 4. No off-street parking or loading space required for one building or use shall be included as meeting, in whole or in part, the off-street parking or loading space required for another building or use except as otherwise provided for in this Zoning Law. 5. No off-street parking or loading space shall be so reduced in area that it does not meet the minimum requirements of this Zoning Law. 6. Except as otherwise provided by Article V, Sections H, I, and O, Article VI, Section D(53) and Article VIII of this Zoning Law, there shall be no more than one principal building or use and its accessory structures or uses on any one lot within any residential district. 7. Yards, as required herein, shall not be used for the storage of merchandise, equipment, building materials, junk, vehicles, vehicle parts or any other material or for signs except as special provision is made therefore. 8. Unless stated otherwise, within each district, the requirements set forth by this Zoning Law shall be considered minimum regulations and shall apply uniformly to each kind of building, structure or land.

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Article II.11

Article III. Use Regulations
A. District Schedule of Use Regulations.
The general use Regulations in each zoning district are set forth in the tabular “District Schedule of Use Regulations” at the end of this Article. The uses permitted in the Town are subject to, as appropriate, other provisions of this Zoning Law, including, but not limited to the Supplementary Regulations set forth in Article V, the Special Use Permit Standards set forth in Article VI, the Site Plan Review and Approval Requirements set forth in Article VII, and for uses in the Astor Flats TND, the form based regulations set forth in Article VIII. Any use not listed specifically within the District Schedule of Use Regulations shall be considered a prohibited use in all Districts under this Zoning Law. Where Permitted or Special Permit uses are identified by generic words or descriptions, the Planning Board shall determine whether a specific use shall be construed to be part of such generic class. In making such determination, the Planning Board shall consider to what extent the proposed use is similar to the class of use indicated in the District Schedule of Use Regulations. If a use is specifically listed elsewhere in the District Schedule of Use Regulations, it is excluded from a generic classification. Symbols used on the District Schedule of Use Regulations shall be interpreted as follows:

P

Permitted principal use in specified district. Permitted principal uses usually require a building permit, certificate of use and/or certificate of occupancy from the Code Enforcement Officer (see Article X). Such uses may also require Site Plan review and approval by the Planning Board under specific circumstances (see Article VII, Section C(1) through (10) and below). All uses noted on the District Schedule of Use Regulations with an “asterisk” require Site Plan review and approval by the Planning Board in accordance with Article VII of this Zoning Law. Special Use Permit is an authorization for a use which is permitted, subject to adherence to the general standards enumerated in Article VI, Section C and, as applicable, any additional specific standards for the use enumerated in Article VI, Section D, such use is in harmony with the Zoning Law, will not adversely affect the neighborhood if such standards are met, and has been approved in a manner required by this Chapter for the specified district. Prohibited use in the specified district.

* S

All Town of Rhinebeck uses shall conform with the District Schedule of Use Regulations. All Village of Rhinebeck uses within the unincorporated areas of the Town shall conform to the District Schedule of Use Regulations to the greatest extent practicable. Similarly, all other public agency uses shall consider the Town of Rhinebeck Comprehensive Plan and the Town of Rhinebeck Local Waterfront Revitalization Program, and should consider the District Schedule of Use Regulations in planning their capital projects within the Town of Rhinebeck. In consideration of whether other public agency uses should comply with or are exempt from the

Use Regulations
Town’s Zoning regulations, the Town agency reviewing the project shall endeavor to work with the public agency to weigh the following factors:

1. The nature and scope of the government agency seeking immunity; 2. The encroaching government’s legislative grant of authority; 3. The kind of function or land use involved; 4. The effect local land use regulation would have upon the enterprise concerned; 5. Alternative locations for the facility in less restrictive zoning districts; 6. The impact upon legitimate local interests; 7. Alternative methods of providing the proposed improvement; 8. The extent of the public interest to be served by the improvements; and 9. Intergovernmental participation in the project development process including an
opportunity for the Town of Rhinebeck’s interests to be heard.

10. The goals of all planning tools by local decision-makers in the development review process.

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Article III.2

Article IV.

Area and Bulk Regulations

A. District Schedule of Area and Bulk Regulations.
The general area and bulk regulations in each zoning district are set forth in the tabular “District Schedule of Area and Bulk Regulations” at the end of this Article. The Schedule is supplemented, as appropriate, by other provisions of this Zoning Law, including the supplementary regulations found in Article V and the general and additional specific standards for certain Special Permit Uses required by Article VI Sections C and D of this Zoning Law. All Town and Village of Rhinebeck uses within the unincorporated areas of the Town shall conform to the District Schedule of Area and Bulk Regulations to the greatest extent practicable. Similarly, all other public agency uses shall consider the Town of Rhinebeck Comprehensive Plan, the Town of Rhinebeck Local Waterfront Revitalization Program, and should consider the District Schedule of Area and Bulk Regulations in planning their capital projects within the Town of Rhinebeck. In consideration of whether other public agency uses must comply with or are exempt from the Town’s Area and Bulk regulations, the Town agency reviewing the project shall endeavor to work with the public agency to weigh the factors enumerated in Article III, Sections A(1) through (9) of the Zoning Law.

B. Existing Non-conforming Lots of Record.
A building or structure may be erected as a permitted use on any existing lot of record which, as defined in Article XIII of this Zoning Law, does not conform to the lot area requirements of the District Schedule of Area and Bulk Regulations, provided that:

1. Section 265-a of the New York State Town Law is complied with if applicable to the specific lot. 2. Such lot may not be used for more than one (1) dwelling unit and its associated accessory
structures unless specifically authorized under this Chapter including accessory dwelling units, guest and caretakers houses and other ancillary and related dwellings created under the Special Use Permit requirements of Article VI of the Zoning Law.

3. Such use shall satisfy all applicable requirements of the Town of Rhinebeck, Dutchess County,
and the New York State Departments of Health and Environmental Conservation for potable water supply and sewage disposal facilities.

4. All other area and bulk regulations and other applicable provisions of the Town Code are
complied with.

5. Such lot was lawfully in existence on the effective date of this Zoning Law.

C. Maximum Net Density Per Dwelling Unit.
In all districts where residences are permitted, lots may only be improved for residential use in accordance with the maximum net density, as defined herein, and other applicable bulk regulations for the district as set forth in the “District Schedule of Area and Bulk Regulations” and for conservation subdivisions in Article V, Section I of the Zoning Law.

Area and Bulk Regulations
In accordance with § 277 of New York State Town Law, lots in a conventional subdivision shall at least comply with the requirements of the District Schedule of Area and Bulk Regulations. The Planning Board has the authority to impose higher planning and design standards than otherwise provided for lots in a conventional subdivision, when there exists good reason in the nature of the land, including but not limited to topography, location, shape, size, drainage, surface and ground water resources, and other physical features of the site as well as the character of the surrounding community. Exceptions to the maximum net density per dwelling unit are as follows: 1. As provided in Article IV, Section B regarding existing non-conforming lots of record; or 2. As provided within the Traditional Neighborhood Development District, which specifies maximum densities of the District in Article VIII of the Zoning Law. 3. In cases where a bonus for affordable housing has been granted in accordance with Article V, Section CC of the Zoning Law. 4. More specifically, if two (2) or more principal residential structures or dwelling units are located or proposed to be located on the same lot, except for accessory dwellings, guest houses or a residential conversion authorized under this Zoning Law by Special Use Permit, the following shall apply: a. The maximum net density per dwelling unit requirement must be complied with; b. All other requirements of this Zoning Law and other applicable laws, rules and regulations must be strictly met; c. A residential lot of required or greater than required area as set forth in this Zoning Law shall not be reduced in area for transfer of ownership if such lot so divided will form two (2) or more lots any of which shall be less than the maximum net density required for the district in which the lot or lots are situated.

D. Height Exceptions.
The height limitations set forth in the “District Schedule of Area and Bulk Regulations” shall be applicable to principal and accessory buildings and structures. Building elements, such as roof air conditioners or elevator shafts that have the potential to detract from the aesthetics of the building’s architecture, should be designed to appear as if they are an integral architectural element of the structure. No structure, or other exception, shall be used as a place for habitation or for signage not otherwise authorized by this Zoning Law. The height limitations shall not be applicable to the following: 1. Flagpoles, windmills, agricultural barns and silos, and similar features, which in no case shall exceed eighty (80) feet in height above average finished grade at its base. Special height requirements apply to Communication Towers found in Article VI, Section E. 2. Spires, belfries, chimneys, cupolas, skylights, water or cooling towers, parapets or railings, elevators, stair bulkheads, air conditioning units or similar small-scale structures, that are not to be used for human occupancy, which in their aggregate coverage occupy no more than ten percent (10%) of the roof area of the building of which they are an integral architectural or mechanical element. Such features shall be erected only to such minimum height as is

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necessary to accomplish the purpose for which they are intended and shall not detract from the visual appearance of the structure as determined by the Planning Board. The Town of Rhinebeck encourages the use of non-fossil fuel energy systems such as solar collectors and wind generators. Special height and other regulations apply to solar collectors and wind generators installed on a structure. Please see Article V, Section M of the Zoning Law for these regulations.

E. Corner Lots.
1. Required front yards. On a corner lot, each street frontage shall be deemed to be a front street line, and the required yard along each such lot line shall be a required front yard. However, the above notwithstanding, for purposes of this Zoning Law, no lot shall be interpreted to have more than two (2) front yards regardless of how such lot is located or configured. The Code Enforcement Officer, in consultation with the owner, shall establish which of the remaining yards shall be the required side yard and the required rear yard for purposes of this Zoning Law. 2. Obstructions at Street Intersections. For traffic safety purposes, at all street intersections, no obstructions to vision such as a fence, gate, wall, hedge, structure or planting over three (3) feet higher than the center line of the street, as measured above the curb level, if any, or above the existing road level, shall be erected or installed and maintained.

F. Architectural Features Permitted in Required Yards.
The following architectural features of a building may extend into a required yard subject to the limitations provided herein: 1. Ordinary projections of window sills, belt courses, cornices, eaves and other architectural features, provided, however, that such features shall not project more than three (3) feet into any required yard; 2. Chimneys or pilasters; 3. Open arbor or trellis; 4. Unroofed steps, patio or terrace not less than twenty (20) feet from the highway right-of-way nor less than ten (10) feet from any side or rear lot line provided that the building complies with the yard requirements of this Zoning Law and that no objectionable or offensive lighting inhibits the reasonable enjoyment of neighboring properties; 5. Awning or movable canopy not to exceed ten (10) feet in height, nor projecting more than six (6) feet into any required yard; and 6. Open fire escapes on the side or rear of a building and extending not more than eight (8) feet from the principal building or closer than five (5) feet to any lot line. 7. Bay windows, including their cornices and eaves, may project into any required yard not more than three feet; provided, however, that the sum of such projections on any wall does not exceed one-third (!) of the length of said wall.

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G. Accessory Structures.
1. Except for structures used for agricultural purposes when conducted using “Sound Agricultural Practices” as defined by the New York State Department of Agriculture and Markets, for bona fide works of art such as sculptures, for Class 2 Home Occupations for which a Special Use Permit has been granted, or for detached accessory dwelling units permitted in accordance with the Special Use Permit requirements of Article VI of this Chapter, the following limitations shall apply to all accessory structures as defined in Article XIII of this Zoning Law: a. No such structure shall exceed twenty (20) feet in height in any residence district. b. No such structure shall be set back less than twenty (20) feet from any lot line. c. Except for agricultural structures, guest or caretakers houses, no such structure shall project closer to the fronting street than the principal building on the lot. d. All roofed accessory structures, except for agricultural buildings, shall in the aggregate comprise not more floor area than either the principal building on the lot or one thousand five hundred (1,500) square feet, whichever is more restrictive. e. All such structures in the aggregate shall not occupy more than twenty percent (20%) or, in the case of roofed structures, more than one thousand (1,000) square feet of any required yard. f. Not more than three (3) such accessory structures, other than a permitted sign or agricultural buildings, of which no more than one shall be a private garage, shall be permitted on an individual lot in a residential district. In the event the lot exceeds ten (10) acres, additional accessory structures may be sited if a Special Use Permit is granted in accordance with Article VI of this Zoning Law.

2. A single portable accessory building with a maximum floor area of eighty (80) square feet may be installed or constructed and used on any lot without the issuance of a Building Permit or Certificate of Occupancy, provided that: a. The structure does not have a permanent foundation. b. The structure is not served by any utility such as electricity, gas or plumbing. c. The structure does not exceed ten (10) feet in height. d. The structure is never used for human habitation. e. All other requirements of this Zoning Law related to accessory structures are fully met. 3. Fences, gates and walls may be located in required yard areas where in full compliance with the standards provided within Article V, Section D of this Zoning Law.

H. Distance Between Principal Buildings on Same Lot.
Except for agricultural structures, where more than one principal building may be permitted on a lot, no detached principal building shall be located closer to any other principal building on the same lot than the height of the taller of said buildings.

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Area and Bulk Regulations

I. Modification of Front Yard Setbacks.
On streets, roads or highways with less than a fifty (50) foot right-of-way or which are considered user highways, the front setback shall be measured perpendicularly from the centerline of the existing street, road or highway with twenty-five (25) feet added to the required front yard setback to establish the building line.

J. Minimum Lot Width and Frontage Exceptions.
In its review and approval of a conventional subdivision plat in accordance with Section 276 of the Town Law, the Land Subdivision Regulations of the Town of Rhinebeck, the Special Use Permit requirements of Section VI of the Zoning Law, and where lots are being platted exclusively for residential use, the Planning Board may, and shall be authorized to permit the following exceptions to the minimum lot width and minimum lot frontage requirements set forth in the “District Schedule of Area and Bulk Regulations.” 1. That in the case of any proposed lot with not less than seventy-five percent (75%) of its frontage on the circumference of the turnaround of a permanent cul-de-sac to be installed within the subdivision, the following reduced minimum requirements in the respective districts may be applied for creation of a conforming lot: a. In the Historic Preservation (HP20) District, minimum lot frontage of five hundred 500 feet and minimum lot width of five hundred 500 feet. b. In the Rural Agricultural (RA10) District, minimum lot frontage of four hundred 400 feet and minimum lot width of four hundred 400 feet. c. In the Rural Countryside (RC6) District, minimum lot frontage of one hundred sixty 160 feet and minimum lot width of two hundred forty 240 feet. d. In the Residential Low Density (RL5) District, minimum lot frontage of one hundred sixty (160) feet and minimum lot width of two hundred forty (240) feet. e. In the Residential Medium Density (RM1) District, minimum lot frontage of ninety (90) feet and minimum lot width of one hundred twenty (120) feet. 2. “Flag lots” in conventional subdivisions and as defined in Article XIII of this Zoning Law, may be authorized as conforming lots within the HP20 and RA10 Zoning Districts. That in a limited number of occurrences in all other residential Zoning districts, except the Village Gateway, TND, and Rc-H districts, where the Planning Board finds it to be essential to permit reasonable use of the subdivision tract without adverse environmental impact or in contravention of the public health, safety and welfare, “flag lots” may be authorized as conforming lots provided that the guidelines set forth in Subsections a through d below are considered. The Planning Board, before authorizing a flag lot or lots in a subdivision, should consider the uniqueness of the property, owing to topography, remoteness of location, protection of open space, biodiversity resources, surface water resources, and viewsheds: a. That the number of flag lots authorized on any subdivision plat should be related to the total number of lots shown on the final plat and should not exceed one flag lot for every six lots unless the Planning Board determines it is appropriate to do so based upon the nature of the land including but not limited to topography, location, shape, size, drainage,

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Area and Bulk Regulations
surface and ground water resources, and other physical features of the site as well as the character of the surrounding community. b. That any authorized flag lot have a minimum lot frontage of forty (40) feet and, if contiguous to another lot with less than the minimum frontage prescribed in the District Schedule of Area and Bulk Regulations, share a common access point and driveway with such adjacent lot. c. That any authorized flag lot have not less than the minimum lot width specified for the zoning district at the building line established on the subdivision plat, rather than at the minimum required front setback line, as otherwise required by this Zoning Law. The building line so established may not be less than one hundred (100) feet in the HP20, RA10 and RC6 Districts, seventy-five (75) feet in the RL5 District and fifty (50) feet in the RM1 District further from the lot frontage than the line at which the minimum lot width specified for the zoning district is first achieved. d. That any authorized flag lot satisfy the minimum lot area requirement specified for the zoning district by consideration of only that land which lies further from the lot frontage than the line at which the minimum lot width specified in the “District Schedule of Area and Bulk Regulations” for the zoning district is first achieved.

K. Transition Requirements Between Zoning Districts.
Where the side or rear yard of a lot abuts a side or rear yard of a lot in a more restricted zoning district, there shall be provided along both sides of such abutting lot line or lines, side or rear yards equal to those required in the more restricted zoning district.

L. Freshwater Wetlands and Floodplains.
No more than twenty-five percent (25%) of the required minimum lot area in a conventional subdivision, for any lot in any district may be fulfilled by land which is included within a designated wetland, as delineated by the New York State Department of Environmental Conservation, regulated by the US Army Corps of Engineers and/or the Town of Rhinebeck, which lies under water, or which is subject to periodic flooding under conditions of a 100-year flood, as delineated by the FF-O District. When calculating the dimensional standards to be applied in a conservation subdivision, no more than twenty-five percent (25%) of the house lot area may be fulfilled by land which is included within a designated wetland, as delineated by the New York State Department of Environmental Conservation, regulated by the US Army Corps of Engineers and/or the Town of Rhinebeck, which lies under water, or which is subject to periodic flooding under conditions of a 100-year flood, as delineated by the FF-O District. All minimum front, side and rear yard requirements must be satisfied by measurement wholly on dry land, except that, for purposes of this paragraph, land which is covered by an isolated pond not exceeding one hundred fifty (150) square feet in surface area at normal high water level, shall not be considered as being under water. Chapter 120 of the Town Code, the Town of Rhinebeck Freshwater Wetlands Law, also imposes additional requirements and may require issuance of a Wetlands Permit by the Town Planning Board. Applicants for development should consult Chapter 120 and, as applicable, State and

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Area and Bulk Regulations
Federal agency requirements, to obtain a complete understanding of the regulations in place on sites containing freshwater wetlands.

M. Special Setbacks on Scenic Roads and Scenic Areas.
The scenic beauty of Rhinebeck and its surroundings are exceptionally desirable and are an extremely important asset for Rhinebeck, New York State and the Nation. As a result of the presence of these assets, Rhinebeck has received numerous designations by Federal and State agencies including the Hudson River National Historic Landmark District, State and National Registers of Historic Places properties, New York State’s Mid-Hudson Historic Shorelands Scenic District, the Estates District Scenic Area of Statewide Significance, State Scenic Byways, and a Coastal Zone area. Sensitive planning of all development in this area is crucial to maintaining the rural and scenic character that lends so much importance to Rhinebeck’s nationally significant environmental assets. In furtherance of protecting such scenic and rural quality, the Town of Rhinebeck requires the protection of roadside buffers that equal at least ten percent (10%) of the depth of a parcel proposed for subdivision, when located on lots having frontage within designated scenic roads or on lots with frontage on any of the aforementioned designated scenic and other areas. Minimum roadside buffers are required as follows: 1. On lots having frontage on a designated scenic road or on lots having frontage on a road within a designated scenic or other aforementioned cultural resource area, all native and natural vegetation between a house and road shall be maintained from the property boundary in the direction of the front setback line, the width of which will be determined by the lot size. The indigenous natural vegetation on a lot, having frontage on any such area is herein restricted and, shall be maintained from the property line adjacent to the regulated road towards the principal building or structure setback line for a distance equal to at least ten percent (10%) of the depth of the parcel. 2. Removal and/or maintenance of dangerous dead wood and non-native invasive species is permitted. A list of non-native invasive species can be found in the Town’s Design Standards in Appendix A of this Zoning Law. 3. Upon completion of any project requiring a building permit and additional clearing, a survey will be required that includes existing clearing lines and calculations to ensure compliance with this Section before a certificate of occupancy may be issued. 4. The construction of a driveway is permitted through the buffer area. 5. Notwithstanding the foregoing provisions, these regulations do not apply to any lands used for agricultural purposes using “Sound Agricultural Practices” as defined by the New York State Department of Agriculture and Markets nor forestry operations conducted in a manner consistent with the “Timber Harvesting Guidelines” as defined by the New York State Department of Environmental Conservation.

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Article IV.7

Article V. Supplementary Regulations.
The following supplementary regulations are applicable to all uses and all Zoning Districts within the Town of Rhinebeck unless otherwise provided herein.

A. Environmental Performance Standards.
No use shall be established through the Subdivision, Site Plan, and Special Use Permit approval processes, nor maintained in conformance with this Zoning Law, that does not comply with the following environmental performance standards of use, occupancy and operation, in addition to all relevant provisions of other local, County, State and Federal laws, rules or regulations. Continued conformance with such standards, once applicable, shall be a requirement for the continuance of any certificate of occupancy. This Section shall not apply to agricultural operations conducted using “Sound Agricultural Practices” as defined by the New York State Department of Agriculture and Markets nor forestry operations conducted in a manner consistent with the “Timber Harvesting Guidelines” as defined by the New York State Department of Environmental Conservation. 1. Noise. No person, firm or corporation shall operate or cause to be operated any source of sound, except as set forth in the Town of Rhinebeck Noise Control Regulations in Article V, Section X of this Zoning Law. 2. Smoke and Other Particulate Matter. Except for United States Environmental Protection Agency (EPA) certified wood, pellet, biomass or multi-fuel stoves and fireplace inserts, no person, firm or corporation shall permit the emission of smoke or any other atmospheric pollutant, from any source whatever, for a period or periods aggregating more than four (4) minutes in any one (1) hour which exceeds the density or equivalent capacity of No. 1 on the Ringelmann Chart as measured at the point of emission. In no case shall the emission of smoke or other particulate matter violate the applicable air resource regulations of the New York State Department of Environmental Conservation, including but not limited to 6 NYCRR Parts 200 to 317. 3. Lighting and Heat. No unreasonable heat shall be produced that is perceptible beyond the boundaries of the lot on which such use is situated. A one degree Fahrenheit rise in temperature along any adjoining property line shall be considered perceptible. Lighting shall be in accordance with the Town of Rhinebeck Lighting Regulations, as set forth in Article V, Section V of this Zoning Law. 4. Wastes. No solid or liquid wastes shall be discharged into any public sewer, common or private sewage disposal system, stream or on or into the ground, except in strict conformance with the standards approved by the New York State Health Department, the New York State Department of Environmental Conservation, Dutchess County and/or other duly-empowered agency. Facilities for the storage of solid wastes shall be so located and designed as to be

Supplementary Regulations
screened from the street and/or from any adjoining property and so as to discourage the harboring of rodents or insects. 5. Radioactivity or Electromagnetic Disturbance. No activity shall be permitted which emits dangerous radioactivity beyond the building in which such activity is located and the handling, storage or disposal of radioactive materials or waste by-products shall be conducted in strict accordance with applicable State and Federal requirements. No activity shall be permitted which causes electrical disturbance adversely affecting the operation of radios, televisions or any equipment other than that of the creator of such disturbance unless State or Federal regulation requires such operation to be permitted. 6. Fire and Explosion Hazards. All activities involving, and all storage of, inflammable and explosive materials shall be provided with adequate safety devices against the hazard of fire and explosion and with adequate fire fighting and fire suppression equipment and devices standard in the industry. All applicable requirements of the New York State Uniform Fire Prevention and Building Code, New York State Department of Environmental Conservation Regulations, as well as the provisions of the National Fire Protective Association (NFPA) Code, shall be fully observed. Copies of SARA (Superfund Amendment and Reauthorization Act) forms filed with the Dutchess County Emergency Response Agency shall also be filed with the Town Code Enforcement Officer. 7. Odor. No person, firm or corporation, excluding farms and agricultural operations, shall permit the emission of any discernible offensive or obnoxious odor at the property line of the lot from which the odor is emitted. 8. Toxic or Noxious Matter. No land use or operation shall be permitted which permits or causes the escape of any toxic or noxious fumes, gases or other matter outside the building in which the use is conducted. 9. Vibration. No activity shall cause or create a steady state or impact vibration discernible at any lot line in accordance with the following method of measurement: a. Method of Measurement. For the purpose of measuring vibration, a three-component measuring system approved by the Town Engineer shall be employed. a. Maximum permitted steady-state and impact vibration displacement. No activity shall cause or create a steady-state or impact vibration displacement by frequency bands in excess of that indicated in the following table:

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Supplementary Regulations
Vibration Displacement Frequency (cycles per second) Under 10 10 to 19 20 to 29 30 to 39 40 and over Steady-State (inches) 0.0005 0.0004 0.0003 0.0002 0.0001 Impact (inches) 0.001 0.0008 0.0006 0.0004 0.0002

B. Off-Street Parking and Loading Standards.
1. Intent and Purposes. The Town of Rhinebeck finds that large and highly visible parking areas can damage the rural, scenic and historic character of the community, can encourage vehicle travel while discouraging travel by foot, bicycle and public transit and can increase energy consumption, traffic congestion and air pollution and can reduce the quality of life. The Town of Rhinebeck wishes to promote public transit, walking, bicycling, park and ride facilities, and car and van pooling where feasible while reducing the cost of housing and encourages applicants to limit the number of parking spaces provided. Therefore, the parking standards provided herein are maximums. 2. Parking is Subordinate to Principal Use. The purpose of the off-street parking and loading standards is to ensure that such uses are treated as accessory uses, are adequate to serve design day needs, do not predominate the site, are properly placed in relation to buildings to minimize their visibility, and feature quality landscaping and architecture along the road frontage to reduce the visual impact of glare, headlights, and parking lot lights to roadways and neighboring properties. Off-street parking areas should compliment the buildings on a site, improve the visual appearance of the Town of Rhinebeck, protect the character of residential, business, institutional, and commercial areas, and conserve the value of land and buildings on surrounding properties. 3. Parking Space Requirements. Permanent off-street parking and loading spaces shall be provided in all districts for all uses in accordance with the criteria set forth below, except for single family dwellings, unless such single family dwellings require Subdivision, Site Plan and/or Special Use Permit approval: a. When any new building or structure is erected; b. When any existing building or structure is enlarged or increased in capacity; c. When adding dwelling units, guest rooms, seats or floor area to an existing or lawfully approved structure; d. When a new use is established;

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Supplementary Regulations
e. When an existing use is changed to another use; or f. When a new business activity is added.

4. Permitted accessory uses. Off-street parking spaces are permitted accessory to any use, subject to the provisions of this section. Off-street loading berths are permitted accessory to any use except residences for one or two families. No off-street loading berth shall be located in a front yard in any district. 5. Schedule of off-street parking space standards. Accessory off-street parking and loading spaces shall be provided as specified by the typical generation rates below, except where a written report defining and documenting the feasibility of a reduction or increase in spaces is submitted by a qualified parking consultant and approved by the Planning Board. Any land which is developed as a unit under single ownership and control shall be considered a single lot for the purpose of these standards. The final number and layout of parking spaces shall be based on the need to protect public safety and convenience while minimizing harm to the character of the community and to rural, scenic historic, and environmental resources. In determining the parking requirements for any proposed use, the Planning Board shall consider the Schedule of Off-street Parking and Loading Space Standards, together with the following criteria: a. The maximum number of persons who would be parking at the use as employees, customers, clients, members, students or other users, at times of peak daily usage. However, it is not appropriate to design for the peak accumulation that could conceivably ever occur. b. The size of the structure(s) and the site. c. The rural, scenic and/or historic sensitivity of the site. d. The distance and access to public transit or the potential for ridesharing. e. The potential for shared parking, where peak parking accumulation can be accommodated at different times of the day, week or season by nearby land uses. Shared parking should be examined in relation to the availability of such off-site, off-street parking existing within 800 feet of the site. Shared parking must be either open to the public, owned or controlled by the applicant, or where a deeded right to shared use has been demonstrated by the applicant. f. The potential for staggered hours of use, in the case of a combination of uses on a single parcel, to reduce the parking requirements. The applicant shall legally assure, to the satisfaction of the Planning Board and Town Attorney, how staggered hours of operation will continue for the life of the uses.

g. The maximum parking space generation rates may be increased by the Planning Board where an applicant demonstrates that the particular development characteristics of the proposed land use requires a greater number of spaces than specified herein. Such demonstration shall include documentation of parking experience elsewhere through surveys of demand and problems at existing uses that may be applicable and/or a study of patterns of local automobile use that shows adjustments in design day peaks are needed.

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Article V.4

Supplementary Regulations
The Planning Board may require applicants to address alternatives for reducing vehicle use, parking demand and housing costs by limiting the number of parking spaces to less than the maximums identified herein.

Schedule of Off-Street Parking Space Standards
Use One-family dwelling Two-family dwelling Accessory dwelling Multi-family dwelling Senior citizen or other elderly housing Home occupation Typical Parking Space Generation Rates 2 / dwelling unit 1.5 spaces / 1 bedroom unit plus 2 spaces / 2 bedroom unit 1 / dwelling unit 1.5 / dwelling unit 0.33 / resident 1 / 500 square feet of GFA devoted to the home occupation 0.65 space / 1 bedroom unit plus 0.85 space / 2 bedroom unit 1 space / 1 bedroom unit plus 1.25 spaces / 2 bedroom unit 4 / 1,000 square feet GFA 4 / 1,000 square feet GFA 3.3 / 1,000 square feet of GFA Loading Spaces Required None None None None None None

Congregate housing

None

Townhouse or Rowhouse Convenience retail, such as grocery or video stores Farm markets & roadside stands General retail, such as florists or appliance sales Hard goods such as hardware or building products

None Same as general retail Same as general retail

2.5 / 1,000 square feet GFA interior sales space plus 1.5 / 1,000 square feet interior storage 2.5 / 1,000 square feet GFA interior sales space plus 1.5 / 1,000 square feet of external display (does not include stock areas closed to the public) plus 3 / service bay As determined by the Planning Board 2 / treatment station but not less than 4 / 1,000 square feet GFA 2.4 / 1,000 square feet GFA 12 / 1,000 square feet NUA plus any spaces required for banquet and meeting rooms

Same as general retail

Motor vehicle sales and service

Same as light manufacturing

Other Retail/service uses Personal service establishments Service retail Delicatessen or Restaurant

Same as general retail None

Same as general retail

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Supplementary Regulations
Use Business and professional offices Funeral homes Typical Parking Space Generation Rates 3.6 / 1,000 square feet GFA 1 / 3 persons accommodated at capacity plus one per 2 employees 6 / 1,000 square feet GFA for GFA up to 5,000 square feet; 5.5!/!1,000 square feet NUA for buildings with GFA over 5,000 square feet 2 / 1,000 square feet GFA plus any required spaces for offices, sales, or similar use or as special conditions may require 0.5 / 1,000 square feet GFA plus any required spaces for offices, sales, or similar use or as special conditions may require 1 / 2 members or accommodations (whichever is greater) 1 / 1,000 square feet GFA but not less than 1 / 5 seats 0.4 / employee plus 1 / 3 beds plus 1 / 5 average daily outpatient treatments plus 1 / 4 members of medical staff To be established by the Planning Board based on a study of parking needs prepared specifically for the subject institution 1 / employee plus 0.1 / person of capacity enrollment plus drop-off spaces equal to one for each 8 enrollees permitted 0.25 / person in permitted capacity 0.33 / person in permitted capacity 1 / 10,000 square feet up to 50,000 square feet GFA plus one for each 50,000 square feet thereafter or as special conditions require 1 / 50,000 square feet GFA 1 / chapel which shall be 10 feet wide, 20 feet long, and seven and one-half feet (7½’) high Loading Spaces Required

Medical, dental or veterinary offices

Light manufacturing

Wholesale businesses

Children’s Camp or day camp

None

Not-for Profit Membership Clubs Hospitals

None 1 / 100,000 square feet GFA

Educational Institutions, public libraries, museums, stateaccredited private schools

To be established by the Planning Board based on a study of loading space needs prepared specifically for the subject institution None

Nursery school or day care

Other place of public assembly Recreational facility

1 / 100,000 square feet GFA 1 / 100,000 square feet GFA

6. Uses Not Listed. Within the TND, VG, and Rc-HE Districts, the specific parking standards of Article VIII apply. Reasonable and appropriate off-street parking and loading requirements for structures and uses which do not fall within the categories listed above shall be determined by the Planning Board upon consideration of all factors entering into the parking needs of each such use. The Planning Board remains responsible for balancing the need for adequate parking with the need to avoid the negative impacts of excessive parking.

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Article V.6

Supplementary Regulations
7. Water Quality Protection. Special care is required for development of impervious surface parking lots in the Water Resources Protection Overlay District. See Article V Section T(3) for the Town of Rhinebeck Stormwater Management Regulations pertaining to impervious surfaces. All surfacing, grading and drainage shall facilitate groundwater recharge by minimizing impervious pavement and all peak or overflow parking areas shall be permeable. The provision of such parking areas using the following low impact development measures is required by Article V, Section Z or is encouraged herein. The Planning Board remains responsible for the determination of which measures are warranted: a. b. c. d. e. f. g. h. i. j. k. l. m. n. Rain gardens and bioretention; Rooftop gardens; Vegetated swales, buffers, and strips; Tree preservation; Roof leader disconnection; Rain barrels and cisterns; Permeable pavers, permeable asphalt, permeable concrete; Soil amendments; Impervious surface reduction and disconnection; Pollution prevention and good housekeeping; Sidewalk storage; Planter boxes; Tree box filters; Pocket wetlands.

8. Parking Reserve Areas The Planning Board is authorized to approve parking reserve areas which may not be constructed until and unless demand is evident. The Planning Board may, as a condition of allowing parking reserve areas, require an applicant to set aside (or to “bank”) land to meet potential future parking needs. Such land shall remain in its natural state or be landscaped, but may not be used in a manner that would prevent it from being developed for parking in the future. Reserve areas shall be clearly identified on Site Plans approved under Article VII(E). A covenant shall be executed guaranteeing that the owner will provide the additional spaces if the Zoning Enforcement Officer, upon thorough investigation of the actual use of parking spaces at the building or use, recommends to the Planning Board that the approved reduction be modified or revoked. 9. ADA Compliance. Parking areas shall comply with the applicable requirements of the Americans with Disabilities Act. All handicapped parking spaces shall be designed in accordance with the American National Standard Institute, Inc. Standards for Making Buildings and Facilities Accessible To and Usable by Physically Handicapped People (ANSI A117.1-1980 or as amended) 10. Definitions. There are terms used in this Section of the Zoning Law that are applicable principally if not exclusively within this Section alone. The terms used in this Section or in

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Article V.7

Supplementary Regulations
documents prepared or reviewed under this Section of the Zoning Law shall have the meaning as set forth in Article XIII, Section G. 11. Areas computed as parking spaces. Areas which may be computed as off-street parking spaces include any private garage, carport or other area available for parking, other than street or a driveway except in the Traditional Neighborhood District. A driveway for a one-family or two-family residence may count as one parking space, other than on a corner lot, where the visibility at intersections is to be safeguarded. 12. Size and Location of Parking Spaces. All off-street parking shall be located behind or to the side of the principal building(s), except as provided in Subsection B(13) below. In no case shall parking be located within 50 feet of the designated front lot line or right-of-way. Parking spaces shall be screened from public view to the maximum extent practicable, provided such screening does not interfere with safety standards for sight distance. Within the TND Districts, the specific parking standards of Article VIII apply. Entrance and exit roadways shall not be computed as parking space except for one-family and two-family residences as in Subsection B(11) above. The stall width shall be nine feet (9’) and length nineteen feet (19’). Provision shall be made at convenience retail facilities for shopping cart collection areas. Recommended parking dimensions are shown in the illustration below:

13. Screening. Within any district, parking may be located anywhere on the site only if it is screened from public roads and adjoining properties or it is part of a commercial development which is not visible from any public road, designated open space area, public building, or residential property. 14. Pedestrian and Vehicle Access. Unobstructed access to and from a street shall be provided. Such access shall consist of at least one ten-foot lane for parking areas with fewer than 20 spaces and at least two ten-foot lanes for parking areas with 20 spaces or more. Commercial entrances on roads shall be consolidated, where possible, and internal service streets used as an alternative to new access locations. Create pedestrian networks and crosswalks in order to create connections to shared parking, public transportation, and walking between stores and nearby housing.

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Article V.8

Supplementary Regulations
15. Drainage and surfacing. All parking areas shall be properly drained, and all such areas of over 10 spaces shall be provided with a suitable surface as specified by the Town Engineer. See also Article V Section Z(3) for additional stormwater management requirements of parking areas. 16. Landscaping Requirements. Parking lot landscaping is in addition to all other landscaping requirements of the Zoning Law. See Article V, Section W for landscaping requirements of all uses requiring Special Use Permits and/or Site Plan approval. A minimum of fifteen percent (15%) of the area between the inside perimeter of the parking surface of the parking area shall be landscaped and maintained with trees, shrubs and other plant materials, as determined necessary by the Planning Board. Natural landscaping can count as part of the minimum fifteen percent (15%) requirement. In all parking lots providing eight or more off-street parking spaces, a minimum of one canopy tree having a caliper of at least three inches (3”) and 10 shrubs shall be planted for each eight (8) parking spaces and any additional portion thereof, said tree(s) to be planted in median dividers, landscape islands or such other locations as may be determined by the Planning Board to relieve the monotonous expanse of asphalt and provide shade for parked vehicles. 17. Parking Lot Landscaping Principles. The following principles of off-street parking lot design shall be considered in developing a landscape plan. It is recognized that each site is different due to topography, the presence of surface water resources, and other factors such as snow removal. Therefore, while the use of all principles is encouraged in parking lot design, each may not be attainable on every site. The Planning Board is responsible for determining the use of the parking lot landscaping principles. a. Landscape materials should be limited to the use of native species since such species are tolerant of Southeastern New York’s climate, are generally disease resistant, do not create unusual maintenance problems, and are readily available from local nurseries. Use a variety of tree species to provide visual interest, to protect against same species die-out or disease, and be tolerant of road salt. Large leafed and/or fruiting trees that may be considered a nuisance should be avoided. b. To reduce or, if possible, eliminate the visual impact of the parking lot, provide a ten (10) foot wide landscape strip around the perimeter of the lot, to be planted with shade trees and low shrubs. Existing natural vegetation that is preserved may substitute for the ten foot landscape strip as long as it is thickly vegetated year-round. Provide a minimum of one shade tree for every 35 feet of lot perimeter but not necessarily at 35 feet on-center. In the judgment of the Planning Board, additional shade trees and sufficient shrubs may be necessary to effectively shade/screen the parking lot. c. If possible, eliminate blacktop and reduce stormwater runoff by using porous or pervious surfaces such as paving blocks, porous concrete, porous asphalt and bricks, pavers, or textured surfaces for crosswalks. For uses subject to seasonal fluctuations, establish overflow parking using pervious surfaces such as cellular concrete blocks or recycled plastic ring-forms where the interstices are filled with earth and planted with grass. The Planning Board remains responsible for determination of the adequacy of parking supply demand.

July 2008 Draft

Article V.9

Supplementary Regulations
d. Direct runoff to rain gardens landscaped with native plants. A rain garden is a shallow depression that captures runoff from impervious surfaces and filters out non-point source pollutants. If possible, capture not only parking lot runoff but rooftop runoff as well. If rooftop runoff cannot be captured, then use green roofs, where rooftops are planted with vegetation. e. Divide the rows of parking with planting strips and trees, averaging a tree every six (6) to ten (10) spaces. Planting strips should be a minimum of eight (8) feet in width. f. Provide diamond shaped tree islands six (6) feet wide for every four (4) to six (6) parking stalls.

g. Reduce visual impacts by breaking up large parking lots into smaller parking groves and parking courts with a significant number of shade trees and surrounded by low hedges, stone walls, or attractive fencing. Avoid more than 10 parking spaces in a continuous row and more than 20 spaces in any single parking area defined by landscaping. h. Create large planting islands (over 500 square feet) to be located throughout the lot and planted with shade trees, low shrubs, and/or ground cover. These should preferably be located at the ends of parking rows. i. j. Provide planting islands between every 15 spaces to avoid long rows of parked cars. Each of these planting islands should provide at least one shade tree. Landscaping should be used to delineate vehicular and pedestrian patterns. Clear and legible signs, different color and texture paving materials, raised or inverted areas, and other techniques should be used to further direct the flow of both vehicular and pedestrian traffic within the lot.

k. Use existing woodlands, if located on the site, by preserving as much as possible along the perimeter of the lot. Provide additional evergreen shrubs if needed. l. At least 25 percent of the shade trees should be evergreen type.

m. The use of non-plant materials as part of the landscape plan is encouraged, especially where such materials exist on the subject site. These materials may include the following: large landscape quality boulders, water features, wood or concrete soil retaining devices, gravels, concrete garden amenities, and approved mulch materials. n. Lighting should compliment the landscaping and architectural features on the site, should be distinctive and human-scale, and shall avoid excessive glare, uplighting or wasted light. See Article V, Section V of this Section for lighting standards applying to all parking areas. o. In large parking lots, separate pedestrian walkways should be provided to allow safe movement within the lots. These facilities should generally be oriented perpendicular to and between parking bays. Adjacent to the walks, trees should be planted. Coordinate pedestrian walkways with access for public transit if available or planned. The following walkway guidelines also apply: i. One walkway can serve as a collector for up to four bays of parked cars.

ii. The walkway should be a minimum of four feet wide, allowing an additional 30 inches on each side for overhanging of automobiles.

July 2008 Draft

Article V.10

Supplementary Regulations
iii. All walkways should be raised to a standard sidewalk height and should be constructed of different paving material than the parking lot. iv. Provide pedestrian and bicycle amenities such as benches, shade, human scale lighting, and bicycle racks. 18. Plant Survivability. All plant material used to landscape parking lots is to be maintained at all times in a living and growing condition. Assurance for survivability shall be in accordance with the landscape requirements found in Article V, Section W. 19. Design Standards. a. Parking facilities shall be designed with regard for orderly management, topography, landscaping, ease of access, and shall be developed as an integral part of an overall site design. b. Parking spaces shall have wheel stops or curbs to prevent injury to trees and shrubs planted in landscaped islands. c. Bicycle parking spaces and racks shall be provided in an area that does not conflict with vehicular traffic. Designated van/car pool parking, and other facilities for transportation alternatives to single occupancy vehicle use shall be provided wherever practical. d. All above-ground loading facilities shall be oriented to preserve auditory privacy between adjacent buildings, and shall be screened from public view to the extent necessary to eliminate unsightliness. e. Areas which may be considered as meeting off-street parking space requirements may include a garage, carport or other properly-developed area available for parking, not to include a public street unless otherwise permitted herein. f. In all districts, parking areas shall be located no closer to any property line than the minimum parking setbacks established in the “District Schedule of Area and Bulk Regulations.” If parking associated with a non-residential use is abutting an existing residential use or a residential district, a minimum twenty (20) feet separation between any parking area or access thereto and the residential property line shall be maintained. Except for the mixed-use districts, no parking areas for a non-residential use shall be provided on a residential parcel or in a residential district.

g. All parking areas shall be suitably drained, graded, surfaced and maintained. Except for one- or two-family dwellings, parking lot surfacing requirements shall be established by the Planning Board under Site Plan review, as provided for in Article VII of this Zoning Law, with particular consideration given to the potential adverse water quality and quantity impacts of impervious surfaces, the number of vehicles accommodated and the proposed intensity and season(s) of use. All paved parking areas shall be suitably identified to indicate individual parking spaces, maneuvering areas, entrances and exits. h. Streetscapes adjoining parking areas shall be unified with continuous street trees and, where possible, with planted medians to prevent unlimited left turns.

July 2008 Draft

Article V.11

Supplementary Regulations
20. Screening from residential uses. a. Whenever a parking lot of five (5) spaces or more abuts the side or rear lot line of a lot in a residence district, or any land in residential use, said parking lot shall be effectively screened from such adjoining lot by a thick evergreen hedge, with a height of not less than six (6) feet at the time of planting and pruned to a height of not less than six and one-half (6!) feet. In the event a thick evergreen hedge is not feasible, then the Planing Board may consider the use of a substantial wall, fence, or berm, provided it meets the parking lot design standards found in Subsection B(19) above, the Design Standards document referenced in Article VII and found in Appendix A of this Zoning Law, and is consistent with Preservation of Natural and Cultural Features: Design Standards found in Article V, Section U herein. In order to break the visual monotony of a wall when walls are used, at least one shrub or vine shall be planted abutting the wall within each 10 feet but not necessarily evenly spaced 10 feet apart. In lieu of the vine or shrub requirement, the Planning Board may approve a wall having a significant design variation spaced at intervals of not more than 20 feet. b. Whenever a parking lot is located across the street from land in any residence district, or any land in residential use, it shall be screened from the view of such land by a thick hedge located along a line drawn parallel to the street and a distance of five feet therefrom, such hedge to be interrupted only at points of ingress and egress. The open area between such hedge and the street shall be landscaped in harmony with the landscaping prevailing on neighboring properties fronting on the same street. Other screening techniques may be provided, where the Planning Board finds their use to be more appropriate or more effective than a thick hedge at the location. c. Identification and directional signs located on the street side of such screening shall not exceed an area of two (2) square feet each and shall be limited to such number as are essential for the particular use. 21. Trailers (camping or travel), motor and sail boats, and commercial vehicles. a. The outdoor storage, parking or use of camping or travel trailers, motor or sail boats, and commercial vehicles for more than two weeks per year are hereby prohibited in all districts, except that: i. One camping or travel trailer may be stored but not used for any purpose on an occupied lot (or on an adjacent unoccupied lot, if both lots are under common ownership).

ii. Said camping or travel trailer shall not exceed forty (40) feet in length. iii. Said camping or travel trailer shall not be located between the street line and the principal building and shall conform to side and rear yard requirements governing accessory uses. iv. One commercial vehicle owned by the property owner not exceeding 26 feet in length may be parked on an occupied lot in any residence district, but not within the required yards of such lot and in no case between the street line and the principal building.

July 2008 Draft

Article V.12

Supplementary Regulations
v. One commercial vehicle not exceeding 26 feet in length may be parked within a private garage in any residence district. vi. Farm vehicles are permitted as accessory to a farm in any district where agriculture is permitted. b. Not more than one motor or sail boat may be stored in the open on a lot (or on an adjacent lot, if both lots are under common ownership) in a residence district, provided that such motor or sail boat is not stored between the street line and the principal building and such storage shall conform to side and rear yard requirements governing accessory uses. 22. Driveways. No driveway shall provide access to a lot located in another district, which lot is used for any use prohibited in the district in which such driveway is located. 23. Private Garages. All private garages shall be of similar or better quality than the principal dwelling or structure. Except for agricultural pole barns, steel pole buildings and steel pole garages are prohibited in any residential or mixed-use district. Temporary portable garage structures of any type, installed for more than 30 days, are prohibited in any district. 24. Additional requirements for off-street loading berths. Accessory open or enclosed off-street loading berths shall be provided for any lot or any use as specified herein. Any land which is developed as a unit under single ownership and control shall be considered a single lot for the purpose of such requirements. Size, location and access. Each required loading berth shall be at least 12 feet wide, 33 feet long and 14 feet high, unless specified elsewhere for a particular use. Unobstructed access, at least 10 feet wide, to and from a street shall be provided. Such access may be combined with access to a parking lot. The berth may be located either within a building or in the open, but not within required yards. If such berths are not enclosed, they shall be located not less than 300 feet from any residence district boundary and an effective visual and noise shall be provided as in the case of parking areas as set forth in Article V, Section W. 25. Regulations affecting both parking and loading facilities. Access near street corners. No entrance or exit for any accessory off-street parking area with over 10 parking spaces, nor any loading berth, shall be located within 50 feet of the intersection of any two street lines. On lots divided by district boundaries. When a lot is located partly in one district and partly in another district, the regulations for the district requiring the greater number of parking spaces or loading berths shall apply to all of the lot. Parking spaces or loading berths on such a lot may be located without regard to district lines, provided that no such parking spaces or loading berths shall be located in any residence district, unless the use to which they are accessory is permitted in such district.

July 2008 Draft

Article V.13

Supplementary Regulations

C. Sign Regulations.
1. Intent and Purposes. The purpose of these sign regulations are: to strengthen the identity of Rhinebeck; to preserve rural, natural, historic and scenic beauty by preventing visual sign clutter; to maintain and enhance the aesthetic environment; to support the local economy, help nurture small businesses, and recognize the needs of various types of businesses; to encourage the creative design of signs in character with the context of the community; and to minimize the possible adverse effect of signs on nearby public and private property. The sign regulations are designed to promote and protect the public heath, safety, and welfare of the community and to enable their fair and consistent enforcement. The sign regulations are also intended to encourage the use of signs as a means of communication, to protect pedestrian and vehicular safety and prevent potential traffic conflicts, and to protect property values. The sign regulations are designed to implement the Town Comprehensive Plan and are consistent with March 8, 2000 version of the Greenway Connections: Greenway Compact Program and Guides for Dutchess County Communities, pursuant to Article I Section D of the Zoning Law, the Mid-Hudson Shorelands Scenic District Management Plan and the Scenic Roads Handbook (see the Town Comprehensive Plan). 2. Sign Compliance. No sign shall be erected, replaced, altered, relocated, or maintained in any district except in accordance with the provisions stated herein. Some signs are exempt, prohibited, or permitted. Permitted signs are subject to these regulations, including a design review by the Planning Board using the Town of Rhinebeck Design Standards (see Appendix A herein) as a guide. Notwithstanding anything herein to the contrary, noncommercial copy may be substituted for commercial copy on any lawful sign. 3. Substitution Clause. Any sign authorized pursuant to this Section may contain a noncommercial message constituting a form of expression in lieu of other copy. 4. Permit Required. A sign, as defined in this section, may be placed, erected, constructed, painted, altered, relocated, enlarged, reconstructed, displayed, lit or maintained only as expressly permitted in this chapter and only after review and approval of the Planning Board, where required, and issuance of a sign permit, where required, by the Zoning Enforcement Officer or any duly appointed deputy officer. The Planning Board, within 30 days of its receipt of an application for a sign permit, shall consider the application and shall approve, approve with modifications, or deny the application and notify the Zoning Enforcement Officer or any duly appointed deputy officer of its decision on this matter. If the sign permit is approved, the Zoning Enforcement Officer or any duly appointed deputy officer shall issue a sign permit.

July 2008 Draft

Article V.14

Supplementary Regulations
5. Permit Procedures. Any person desiring to procure a permit for a sign shall file with the Zoning and Planning Office an application form, copies of which are available from said Office, accompanied by an application fee, payable to the Town of Rhinebeck, in accordance with the current fee schedule. The application shall contain: a. Name, address, and telephone number of applicant and property owner. b. Location of the building, structure or land upon which the sign now exists or is to be erected and the location on the property where the sign is to be erected. c. For permanent signs, a scaled drawing of the sign showing: i. Type of sign, shape, size, and materials.

ii. Graphic design or style, including pictorial matter, logos, letters, materials and colors. iii. The method of illumination, if any, including type of lamp and wattage, the position of lighting or other extraneous devices as required by Article V, Section V of the Zoning Law. iv. Landscaping, if required, including types of vegetation, location of plantings, and planting and maintenance schedule. d. If a new permanent sign is to be erected, or an existing permanent sign is to be altered in size or elevation, a plan, drawn to scale, shall be submitted showing the following:

i. If a freestanding sign, a full description of the placement of the proposed sign, specifying its location on the premises, its orientation, and its position in relation to adjacent buildings, structures, roads, driveways, property lines, other signs, lighting fixtures, walls, and fences. ii. If an awning, window, wall, or projecting sign, a full description of the placement of the proposed sign, which shall include: location on the awning, window, wall or building; the size of the awning, total window area of the principal façade of the building, projection from the building, if relevant; and the proposed sign’s position in relation to adjacent signs and lighting fixtures.
e. For all signs, if the applicant is not the owner of the property on which the sign is to be located, either written permission from the property owner to place the sign on the property or a copy of a contract or lease showing that the applicants has care, custody and control of the property on which the sign is to be located. In any case, all off-premise signs are prohibited. 6. Exempt Signs. The following types of signs are exempt from the permit requirements of this chapter, including fees, provided that they comply with the general sign standards in Article V Section C(9) and with all other requirements of this Chapter. Unless otherwise limited below, such exempt sign shall not exceed six (6) feet in height and shall not exceed four (4) square feet in sign area per side.

July 2008 Draft

Article V.15

Supplementary Regulations
a. Memorial signs or tablets denoting names of buildings and dates of erection when cut into any masonry surface or when constructed of bronze, stone or other non-combustible materials and fixed to a building; emblems installed by governmental agencies, religious or nonprofit organizations, not exceeding two (2) square feet in size. b. Non-illuminated secondary window signs communicating accessory information such as hours of operation, “in” or “out” signs and totaling no more than one (1) square foot in size. c. Temporary non-illuminated window signs when such signs, measured together with all permitted window coverage, bring the total window coverage to no more than ten percent (10 %) of the window surface area. d. Non-illuminated real estate signs used for the purpose of selling, renting or leasing land or buildings for which Subdivision approval is not required, and displayed only on the premises for sale or lease, provided such sign is located on the front wall of a building or, if freestanding, does not exceed three (3) feet in height and is located not nearer than fifteen (15) feet to the edge of pavement or side lot line. All such signs shall not exceed three (3) square feet in sign area per side, shall be limited to one (1) per premise, and shall be removed immediately upon sale, rental or lease of the premises. e. Any public notice or warning required by a valid and applicable federal, state, or Zoning Law or regulation such as traffic and similar signs installed in accordance with the Manual of Uniform Traffic Control Devices (MUTCD) or other State standards, legal notices, and on-premise signs which are solely devoted to prohibiting trespassing, hunting or fishing. f. Political, educational, charitable, philanthropic, civic, religious signs or banners. Such sign shall not exceed three (3) square feet in sign area per side.

g. The sign, poster, flag, pennant or insignia of any government or governmental agency. h. Signs indicating the sale price per gallon and octane rating of petroleum products displayed on fuel dispensing devices as required by New York State Department of Agriculture and Markets, Division of Bureau of Weights and Measures, 1 NYCRR Part 224. i. j. One sign, not exceeding 16 square feet in area, on a farm or farm stand premises. Any sign inside a building, not attached to a window or door that is not legible from a distance of more than three (3) feet beyond the lot line of the parcel on which such sign is located.

7. Prohibited Signs. All signs not specifically permitted or exempt are prohibited. Prohibited signs include but are not limited to: a. Off-premise signs, including billboards. b. Pylon or roof signs. c. Portable signs as defined herein, except for temporary signs that have been issued a permit. Signs on vehicles parked and used in the normal course of business shall be parked to the

July 2008 Draft

Article V.16

Supplementary Regulations
rear of the business and shall be screened and buffered to surrounding properties and public viewing locations. d. Internally illuminated signs. e. Signs with flashing, blinking, or moving lights, or any artificial light which is not maintained stationary and constant in intensity and color at all times when in use. f. Mounted or portable search lighting used to project moving or stationary overhead light beams.

g. Signs that contain or consist of strings of light bulbs. h. Banners, pennants, ribbons, tethered balloons, streamers, spinners, groupings of flags, “lifelike” plastic or inflatable toys or decorations, or similar moving or fluttering devices, except those exempt under Article V Section C(6). i. j. Rotating signs, including all signs and devices that are not permanent in their orientation. Signs and obstructions which may be confused with or obstruct the view of any authorized traffic sign or signal, obstruct the sight distance triangle at any street intersection or driveway opening onto a street, or extend into the public right-of-way.

8. Temporary Signs. All signs of a temporary nature, such as banners, portable signs, promotional signs and other signs of similar nature, may be granted a temporary sign permit for a period not exceeding thirty (30) days, except those specified under the Article V Section C(6), Exempt Signs. Planning Board approval is not required and the Zoning Enforcement Officer or any duly appointed deputy officer shall issue or deny a sign permit within a reasonable period of time. Both the permit and the sign shall note the date of the first day the sign may be displayed and the date it must be removed. Upon issuance of a sign permit, a security deposit, payable to the Town of Rhinebeck, in accordance with the current fee schedule, shall be deposited with the Zoning Enforcement Officer or any duly appointed deputy officer to insure removal of the sign(s) upon expiration of the permit period. If any temporary sign is not removed by the expiration of the time limit noted on the application, the Zoning Enforcement Officer or any duly appointed deputy Officer, after seven (7) days written notice to the permit holder to remove such sign(s) (computed from the date of mailing), and after failure of the permit holder to do so, will cause said sign(s) to be removed, and the cash deposit will be applied to help defray the reasonable and necessary cost of removal. Except as provided in this section, all temporary signs must meet the requirements of this section and chapter. Businesses that use temporary signs are not to exceed a maximum of four (4) events with a combined total of 40 days per year. The sign shall be placed no closer to the road than existing signs and shall not exceed height limitations or be illuminated. The maximum size allowable is twelve (12) square feet. Trailer or wheel-mounted signs are prohibited. 9. General Sign Standards. Any sign or use of signs, whether permitted, temporary or directional, shall conform to the following general standards:

July 2008 Draft

Article V.17

Supplementary Regulations
a. Shall at all times be maintained in a proper state of repair in full compliance with building code, electrical code, and reasonable property maintenance standards. b. Shall not attempt or appear to regulate, warn or direct highway traffic or to imitate or resemble public notices or warnings such as official traffic signs, signals or devices. c. Shall not project over property lines or be located within a public right-of-way. d. Shall not contain luminous materiel or sequin-studded lettering with fluorescent paint. An exception is allowed for one internally illuminated window sign per business if its size does not exceed two (2) square feet. 10. Permanent Signs Within Residential Districts. Within residential districts, the following signs are permitted: a. For each dwelling unit, one (1) non-illuminated nameplate, professional sign, or sign indicating a permitted home occupation, with an area of not more than two (2) square feet per face. b. For permitted and Special Permit nonresidential uses, one (1) sign with a maximum sign area of eight (8) square feet. c. For mobile home parks, or condominium, townhouse, co-op, or apartment developments, one (1) non-illuminated monument sign, identifying the mobile home park or development, containing an area of not more than twelve (12) square feet, located not more than six (6) feet above ground level at its highest point, and set back at least fifteen (15) feet from the edge of pavement, as deemed necessary by the Planning Board and/or the Zoning Enforcement Officer or any duly appointed deputy Officer. The same restrictions shall apply if such signs are located in a nonresidential district. d. Signs for lawful non-conforming uses in residential districts, a single identity sign not exceeding eight (8) square feet in surface area. 11. Permanent Signs Within Other Districts a. Rc-B District i. For non-residential uses in the Rhinecliff Business (Rc-B) District, not more than one (1) primary sign shall be permitted per establishment. Such sign shall be located on the establishment’s principal façade and shall not exceed eight (8) square feet in surface area. One permanent accessory wall sign, not to exceed three (3) square feet in surface area shall be permitted per establishment.

b. BP, Cr-B, CB-N, CB-S, Gw-N, Gw-E, Gw-S, GB, and ORP Districts i. Not more than two (2) primary signs shall be permitted per establishment on the lot. Such signs shall consist of one (1) free-standing identity sign not to exceed twelve (12) square feet in surface area and/or one (1) identity wall sign located on the establishment’s principal façade, not to exceed one (1) square foot per six (6) linear feet of building frontage. The maximum total signage per establishment shall be determined by the above formula and shall not exceed thirty (30) square feet for the lot.

July 2008 Draft

Article V.18

Supplementary Regulations
ii. When two (2) or more wholly independent businesses or activities are located on a single lot in a non-residential District, one (1) directory sign not to exceed sixteen (16) square feet may also be allowed, except that if the number of independent businesses or activities exceed four (4), the maximum square footage of the complex sign may be increased to twenty-four (24) square feet. Within the business complex, a single identity wall sign not exceeding six (6) square feet may be provided on the principal façade of the establishment, with such signs, however, being considered a portion of the maximum total signage of thirty (30) square feet per lot, as cited above and exclusive of the complex sign. iii. One (1) sign at each point of access to the lot and for internal direction, shall be permitted provided that the individual signs are no more than two (2) square feet on each of two (2) sides and are for the purpose of directing internal traffic movements. Permits will be granted only if the applicant can clearly demonstrate necessity to the Planning Board based on motorist safety and that any such directional sign will be set back at least five (5) feet from the edge of pavement. iv. Where a sign on the principal façade of the establishment cannot be seen from a public highway, the Planning Board may, applying the standards in Article V, Section C(9), approve an additional sign of one of the types listed in subsection (b)(i), above, which is visible to a public highway. c. Freestanding signs. Freestanding signs shall not exceed six (6) feet in height, nor be located closer than twenty (20) feet to any property line. 12. Retail, Office, Business or Light Manufacturing Centers a. Where two (2) or more wholly independent businesses or activities are located on a single lot, one directory sign may be permitted, subject to the following sign criteria: i. Not more than one (1) primary sign shall be permitted per establishment. Such sign shall be a wall sign located on the establishment’s principal façade and shall not exceed six (6) square feet in surface area. Freestanding signs may not be displayed by individual establishments.

ii. A Master Sign Plan is required of independent businesses or activities that are located on a single lot. The Plan is a sign system to create visual unity among the signs within the Plan area and to ensure compatibility with surrounding establishments and structures. The Plan shall include specifications to which all signs within the Plan area shall conform, including: sign size, height, shape, materials, lighting, and location on the establishment as well as the specifications for the freestanding sign permitted under Article V, Section C(12)(a)(iii). Within these standards, variety of graphic design is encouraged, subject to the design criteria of Subsection (13) herein. iii. One (1) common freestanding sign identifying the center shall be permitted as follows: Post & arm signs shall not exceed eighteen (18) square feet in area per face, with a height maximum of eleven (11) feet (including the post) and shall provide a minimum

July 2008 Draft

Article V.19

Supplementary Regulations
clearance of eight (8) feet from any sidewalk or other pedestrian way. The sign shall be set back a minimum of fifteen (15) feet from the edge of pavement. b. If the center contains a movie theatre, the movie theatre shall be permitted one marquee sign per building with a vertical clearance of nine (9) feet from the sidewalk or private drive or parking area, set back 15 feet from a public street. c. One (1) sign at each point of access to the lot, for internal direction shall be permitted provided that the individual signs are no more than two (2) square feet on each of two (2) sides and are limited to generic text such as “entrance,” “exit,” “office,” and “parking.” Permits will be granted only if the applicant can clearly demonstrate necessity to the Planning Board based on motorist safety and that any such directional sign will be set back at least five (5) feet from any edge of pavement or property line. Internal safety signs and mandatory government regulation signs may be permitted. These signs shall be no more than four (4) square feet in surface area and are in addition to the above regulations. These signs shall be approved by the Planning Board at the time of Site Plan approval. In the event such signs are proposed on lands under ownership other than the applicant, written proof shall be furnished to the Planning Board demonstrating that the applicant has the consent of the owner. d. The owner of the center remains responsible for sign maintenance and compliance. e. Signs for lawful residential uses shall comply with the requirements of Article V Section C(10), Signs Within Residential Districts. f. Directional Signs. Businesses and public destinations relating to, but isolated from, primary routes of travel (Routes 9, 9G and 308) shall be permitted a maximum of two (2) directional signs as a Special Permit Use subject to the provisions of Article VI of this Zoning Law, the issuance of a sign permit and the following additional requirements: i. In locations with more than one directional sign, all such signs shall be affixed to a common standard and be graphically coordinated and arranged so as to present a neat and orderly appearance. Any such sign standard shall be designed to accommodate the later addition of further directional signs.

ii. No directional sign shall be more than three (3) square feet in area. In areas with more than one directional sign, the aggregate area of all such signs shall not exceed twelve (12) square feet. iii. In the event such signs are proposed on lands under ownership other than the applicant, written proof shall be furnished to the Planning Board demonstrating that the applicant has the consent of the owner. 13. Design Criteria. In reviewing sign applications, the Planning Board shall determine that the sign will meet the following criteria. a. General Criteria

July 2008 Draft

Article V.20

Supplementary Regulations
i. Every sign shall be wholly consistent with the requirements set forth in Article V Section C of this Zoning Law and shall be well proportioned in its design and in its visual relationship to buildings and surroundings.

ii. Every sign shall be designed as an integral and compatible architectural element of the building and site to which it principally relates and should not cover any architectural features on the building. iii. The colors, materials, and lighting of every sign shall be restrained and shall be harmonious with the building and site to which it principally relates. iv. The number of graphic elements on a sign shall be held to the minimum needed to convey the sign's major message and shall be composed in proportion to the area of the sign face. v. These sign regulations encourage creative design that adds character to streets and districts but signs should always be a subordinate part of the streetscape. vi. Signs in a particular area or district should create a unifying element and exhibit visual continuity. vii. Whenever feasible, multiple signs should be combined into one to avoid clutter. viii. Signs should be as close to the ground as practical, consistent with legibility considerations and traffic safety. ix. To the extent desirable, adjacent signs on the same or adjoining buildings should be placed within the same horizontal band and be of reasonably harmonious materials and colors. x. Historic areas, landmarks, and public scenic views and vistas should be protected by sensitive sign designs. xi. Within pedestrian oriented shopping districts, signs should be located and sized to be viewed by people on foot. xii. Retail businesses are encouraged to use signs in a creative manner to identify the goods and services they offer. xiii. Signs mounted on buildings should be designed to compliment the architecture rather than obscure it. b. General Rules by Sign Type i. Awning Signs. Awning graphics may be painted or affixed flat to the surface of the valance and shall include lettering no larger than eight (8) inches high.

ii. Freestanding Signs. No more than one freestanding sign may be located on a lot. iii. Monument Sign. Monument signs shall not be placed so as to impair visibility for motorists. iv. Projecting Signs. Projecting signs may not extend above the height of the roofline, and shall have no more than two (2) faces. They shall be securely anchored and shall not swing or move in any manner.

July 2008 Draft

Article V.21

Supplementary Regulations
v. Wall Signs. The visible edge or border of a wall sign may extend up to nine (9) inches from the face of the wall to which it is attached, and may not extend any distance beyond or above the building in any direction. The placement of all wall signs must be above the display window and below the cornice in a single story building or between the shop window and the second story windowsill in a multi-story building. c. Specific Criteria i. All signs, with the exception of window signs, shall be constructed of wood, metal or masonry material as approved by the Planning Board.

ii. The lettering on any freestanding sign may not exceed sixty percent (60%) of the sign area of any one side of the sign, with the exception of signs with no background. The area for lettering shall be computed in accordance with the illustration provided. Sign lettering is measured by iii. The Planning Board may require that landscaping be calculating this shaded area used at the base of a freestanding sign if such landscaping will make the sign more compatible with the surrounding area. In accordance with the requirements of Article V, Section W of the Zoning Law, landscaping may include one or more of the following types of vegetation: ivies, grasses, flowers, bushes, small trees or other plant materials. 14. Sign Design Manual. The Town Board may, in consultation with the Planning Board, promulgate sign design standards or manuals, as a guideline to applicants and as an aid to the administration of this section. 15. Removal of Signs a. Abandoned Signs. Any sign existing on or after the effective date of this Zoning Law, which no longer identifies an existing business conducted or product sold on the premises, shall be removed by the owner of the premises upon which sign is located. The Zoning Enforcement Officer or any duly appointed deputy officer, upon determining that any such sign exists, shall give written notice to the last owner of record of the real property where the sign is located and the permit holder, if any, at the permit holder’s last known address of record, who shall, unless good cause is shown, remove the sign within thirty (30) days from the date of the written notice. If no action is taken by the owner or permit holder, within said time period, the Zoning Enforcement Officer or any duly appointed deputy officer may cause the sign to be removed. At the sole discretion of the Town, the reasonable and necessary costs incurred for removal shall be charged against the real property from which the sign was removed, by adding that charge to, and making it a part of, the next annual real property tax assessment roll of the Town. Such charges shall be levied and collected at the same time and in the same manner as Town-assessed taxes and shall be paid to the Town Comptroller, to be applied in reimbursing the fund from which the costs of sign removal were paid. Prior to charging such assessments, the owners of the real property shall be provided written notice to their

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last known address of record, by certified mail, return receipt requested, of an opportunity to be heard and object before the Town Board to the proposed real property assessment, at a date to be designated in the notice, which shall be no less than 30 days after its mailing. b. Unsafe Signs. The Zoning Administrator or any duly appointed deputy administrator may cause any sign, that is unsafe or insecure or is a source of immediate peril to persons or property, to be removed immediately and without notice. 16. Non-Conforming Signs Other than Billboards. a. A sign that would be permitted under this Section only with a sign permit, but which was in existence on the effective date of this Zoning Law and which was constructed in accordance with the regulations in effect on the date of its construction, but which by reason of its size, height, location, design, or construction is not in conformance with the requirements of the Zoning Law, shall be issued a Nonconforming Sign Permit if an application in accordance with Article V Section C(B) of this Law is timely filed. Such permit shall allow the sign(s) subject to such permit, which were made nonconforming by the adoption of the Zoning Law, to remain in place and be maintained for a period ending no later than five (5) years following the effective date of this Zoning Law, provided that no action is taken which increases the degree or extent of the nonconformity. Such signs are also subject to the provisions of Article V Section C. A change in the information on the face of the existing nonconforming sign is allowed. However, any nonconforming sign shall either be eliminated or made to conform with the requirements of this Section when any change, repair, or maintenance would constitute an expense of more than 25 percent of the lesser of the original value or replacement value of the sign. b. Lapse of Nonconforming Sign Permit. A Nonconforming sign Permit shall lapse and become void under the same circumstances as those under which any other sign permit may lapse and become void. 17. Non-Conforming Billboards. Any billboard which is leased or rented for profit and is located in an area zoned, other than for manufacturing use, shall be deemed a nonconforming billboard. Such non-conforming billboards shall be allowed to remain in accordance with the schedule set forth below, and then shall be removed by the property owner or the permit holder. Pursuant to New York General Municipal Law Section 74-C, the Zoning Enforcement Officer or any duly appointed deputy officer, shall send written notice to the owners of the property upon which the nonconforming billboard is located at their last known address of record by certified mail, return receipt requested, and to the permit holder, if any, at the permit holder’s last known address of record by certified mail, return receipt requested, notifying them that the non-conforming billboard shall be removed in accordance with the following schedule. The years allowed for the non-conforming billboard to remain in its present location shall run from the date of notice from the Zoning Enforcement Officer or any duly appointed deputy officer.

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Fair Market Value on Date of Notice of Removal Requirement Under $1,999 $2,000 to $3,999 $4,000 to $5,999 $6,000 to $7,999 $8,000 to $9,999 $10,000 and over Minimum Years Allowed 3 4 6 7 9 10

18. Number and Date. Every sign that requires a permit as regulated by this Section shall have printed in a conspicuous place thereon, in permanent letters and numbers, the date of erection and the sign permit number. Temporary signs shall additionally have noted thereon the date of the first day the sign may be displayed and the date it must be removed. 19. Maintenance. All signs and components thereof shall be kept in good repair and in safe, neat, clean and attractive condition. 20. Severability. If any clause, sentence, paragraph, section or part of this chapter shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remaining portions hereof, but shall be confined to the clause, sentence, paragraph, section or part thereof directly involved in the controversy in which such judgment shall have been rendered. 21. Definitions. There are terms used in this Section of the Zoning Law that are applicable principally if not exclusively within this Section alone. The terms used in this Section or in documents prepared or reviewed under this Section of the Zoning Law shall have the meaning as set forth in Article XIII, Section G.

D. Fences, Gates and Walls.
1. Fences, gates and walls shall not exceed six (6) feet in height when erected in a required side or rear yard nor exceed four (4) feet in height when erected within fifty (50) feet of the front lot line or highway right-of-way. Except for agriculture and forestry, fencing which exceeds six (6) feet in height or which consists of a solid fence or wall that does not allow for the passage of views shall be subject to issuance of a Special Use Permit in accordance with Article VI of this Zoning Law. 2. All fences, gates and walls within fifty (50) feet of the front lot line or highway right-of-way on a State-designated Scenic Road or a Town road designated as a Critical Environmental Area (CEA) shall be subject to issuance of a Special Use Permit in accordance with Article VI of this

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Zoning Law. A list of State-designated Scenic Roads and Town roads designated as CEA’s are available from the Town Clerk at Town Hall. 3. All fences, gates and walls shall conform to the requirements of Article IV, Section E(2) as pertains to corner lots where special sight clearance considerations are necessary to protect traffic safety. 4. All fences, gates, and walls, including new stone walls, shall be set back a minimum of 15 feet from the edge of pavement to allow sufficient room for wintertime snow removal. Stone walls in existence on the effective date of this Zoning Law shall not be subject to the 15 foot setback requirement. 5. In any zoning district, all such fences, gates and walls shall have the face of the fence or wall directed toward the abutting property and, unless agreed to in writing by the abutting property owner, be located so as to permit maintenance of both sides of the fence without trespass on the abutting property.

E. Excavation as Part of Site Preparation.
Excavation is any act by which sand, gravel, shale, topsoil or any other similar earth materials are mechanically cut into, dug, quarried, uncovered, removed, displaced or spread. Nothing contained herein shall prohibit the excavation of sand, gravel, shale, topsoil or any other similar earth materials from a lot preparatory to construction of a building for which a building permit has been issued, or to move such material from one part of a lot to another part of the same lot, when such excavation or removal is clearly incidental to the approved building construction and/or approved site development plan and necessary for improving the property for a use permitted in the zoning district in which the property is located. No such material shall, however, be transported off the site nor sold for export from the site, except in compliance with the “District Schedule of Use Regulations” found in Sections III and VI of this Zoning Law. Provision shall be made to restore an effective cover crop to any area of land from which sand, gravel, shale, topsoil, or any other similar earth materials have been removed or covered within the first growing season following the start of such operation. All excavation and regrading activities shall be in compliance with the requirements of Article V, Section Z of this Zoning Law governing stormwater management.

F. Development Near Streams, Rivers, Wetlands and Other Water Bodies.
In order to preserve the open character along major streams and other surface water bodies for environmental and ecological reasons, all development activity proposed within the following areas shall be subject to issuance of a Special Use Permit in accordance with Article VI of this Zoning Law. All applicants for development within or adjacent to wetlands shall also be required to comply with the requirements of Chapter 120 of the Town Code, the Town of Rhinebeck Freshwater Wetlands Law, for which a separate Wetlands Permit is required: 1. Within one hundred (100) feet of the mean high watermark (normal streambank) of any DECclassified stream within the Town of Rhinebeck;

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2. Within the Land Conservation Stream Corridor (LC-S) District; 3. Within one thousand (1,000) feet of the mean high water mark of the Hudson River; 4. Within one hundred (100) feet of the boundary of a freshwater wetland as mapped by the New York State Department of Environmental Conservation; 5. Within 100 feet of a Federal Jurisdictional Wetland; 6. Within 100 feet of a wetland regulated under the Town of Rhinebeck Freshwater Wetlands Law (see Chapter 120 of the Town Code for additional requirements for a Town Wetlands Permit); 7. Within one hundred (100) feet of the mean high water mark of any pond, reservoir or other water body in excess of one-fourth (") acre of water surface area provided that the pond, reservoir, or other water body has not been created as a site element which was earlier subject to Site Plan or Subdivision plat review and approval by the Town Planning Board.

G. Development Within the Flood Fringe Overlay (FF-O) District
All development within the Flood Fringe Overlay District, as mapped by the Federal Emergency Management Agency (FEMA) and as shown on the Town of Rhinebeck Water Resources Protection Overlay District (WR-O) map, shall be subject to the Special Use Permit procedures and requirements provided in Article VI of this Zoning Law, including those special design requirements stated in Article VI, Section D(53). Uses specifically exempted from issuance of a Special Use Permit include agriculture, forestry, conservation, horticulture, non-commercial outdoor recreation, and roadside stands as identified on the District Schedule of Use Regulations in Article III.

H. Home Occupations.
In any district, home occupations, as defined in Article XIII of this Zoning Law, shall conform to the following use limitations: 1. A home occupation may only be conducted within a dwelling, which is a residence of the principal practitioner of the occupation or in an accessory building thereto which is normally associated with the residential use. For purposes of this Zoning Law,. a home occupation occurring fully within the dwelling shall be considered a permitted Class 1 home occupation; those home occupations occurring wholly or partially in an accessory building shall be considered Class 2 home occupations which may only be authorized by Special Use Permit, in accordance with Article VI of this Zoning Law. There are also certain home occupations that are considered Class 2 requiring the issuance of a Special Use Permit, even when conducted wholly within the dwelling, due to their potential for objectionable characteristics. Such characteristics are identified through thresholds in Subsection 13 herein. 2. Not more than two (2) such home occupations may occur on a single residential premises, with paragraphs (3), (5), (7) and (9) below applying to either single home occupation, or aggregate of the two (2) home occupations occurring on the premises. Additional home occupations may

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occur within accessory dwelling unit, provided a Special Use Permit is granted in accordance with Article VI of the Zoning Law. 3. The home occupation activity, whether located within the dwelling or in a customary accessory structure, shall, in accordance with the requirements of the New York State Uniform Fire Prevention and Building Code, occupy no more than five hundred (500) square feet of gross floor area or twenty-five percent (25%) of the gross floor area of the dwelling on the premises, whichever shall be the more restrictive. This maximum floor area percentage shall not apply to a home occupation operated entirely within an Accessory Structure, which are Class 2 home occupations subject to issuance of a Special Use Permit. Class 2 home occupations shall not occupy more than twenty-five percent (25 %) of the total floor area of the dwelling and accessory structure used in the home occupation. 4. Except for articles produced on the premises and other articles customarily associated with the product made or the service provided on the premises, no stock in trade shall be displayed or sold on the premises nor shall any item be available for rental. 5. No alteration to the exterior of the principal residential building or customary accessory building used for the home occupation activity shall be made which changes the character thereof as a residential premises except that a single sign, not exceeding two (2) square feet in area, shall be permitted. Any new construction undertaken to accommodate the home occupation activity shall also be wholly consistent with the character of a residential premises. 6. No outdoor display of goods or outdoor storage of equipment or materials used in the home occupation shall be permitted in the front yard of the premises. 7. Not more than one (1) person other than members of the household occupying such dwelling shall be employed on the residential premises in the conduct of the home occupation. 8. There shall be permitted no sharing, letting or subletting of space, for use by others in the conduct of their profession, trade or business. 9. Sufficient off-street parking shall be provided as required within Article V Section B of this Zoning Law. Any use requiring, in accordance with said Article V Section B, more than three (3) off-street parking spaces shall be deemed a Class 2 home occupation requiring issuance of a Special Use Permit under Article VI of this Zoning Law. 10. A separate zoning permit shall be required for the home occupation activity, with the home occupation use not deemed to be authorized by the issuance of a Certificate of Occupancy for the residential use occurring on the premises. 11. If a use is prohibited, under the District Schedule of Use Regulations found in Article III, it shall additionally be prohibited as a home occupation. 12. Because of parking requirements and the potential for noise, odors, traffic congestion, and other issues of land use compatibility, the following uses are specifically prohibited from consideration as permitted (Class 1) or Special Permit (Class 2) home occupations under this Zoning Law: a. Ambulance, taxi, limousine or similar service with more than one such vehicle used in the service.

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b. Automobile-related businesses including repair, painting, parts, sales, upholstery, detailing, or washing services. c. Beauty salons and barber shops with more than one (1) chair. d. Houses of worship and other places of public assembly. e. Restaurants. f. Construction companies, building contractors, home builders, or general contractors with any employees or more than one vehicle and trailer used in the business.

g. Dancing, art, martial arts, and similar group instruction activity when serving more than six (6) students per day. h. Landscape Contractors with any employees or more than one vehicle and trailer used in the landscape business. i. j. Motor boat sales and/or service. Personal service establishments, licensed by the NY State Education Department, serving more than one (1) customer at a time.

k. Convalescent homes or clinics. l. Nursery school, as defined in Article XIII of this Zoning Law.

m. Welding or machine shops. n. Sale or use of hazardous materials, in excess of consumer quantities packaged for consumption by individual households, for personal care or household use. o. Any other use of residential property deemed detrimental or inconsistent with the residential character of the neighborhood. 13. The person operating the home occupation shall sign the permit application and shall attach a detailed description of the proposed use. The Special Use Permit granted for a Class 2 home occupation shall expire when the occupation changes or the property is sold. 14. Home occupations shall be compatible with the residential use of the property and the neighborhood. Class 1 home occupations that meet the following thresholds shall be classified as Class 2 home occupations, requiring issuance of a Special Use Permit in accordance with Article VI of the Zoning Law: a. The volume of invitees or guests who visit the home occupation premises is more than six (6) per day; b. The volume of deliveries or truck traffic is more than an average of one (1) per day. 15. In no case shall a home occupation be open to the public at times earlier than 8:00 AM nor later than 8:00 PM.

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I. Conservation Subdivisions
1. Intent. The Town of Rhinebeck finds that conservation subdivisions are a principal means of maintaining rural character and environmental quality through preservation of large tracts of open space land. Conservation Subdivision is a more flexible approach to land development than conventional Subdivision. It is intended as an alternative to conventional subdivision’s rigid and sprawling pattern of suburban development that occurs when lots and dwelling units are laid out in a uniform pattern over the landscape, generally with little regard for valued natural, cultural and scenic resources. 2. Purposes. In conformance with the Town’s Comprehensive Plan, the purposes of conservation Subdivision are as follows: a. To conserve important open lands, including those areas containing unique and sensitive natural features such as steep slopes, floodplains, stream corridors, and wetlands by permanently setting them aside from development; b. To protect areas of the Town with productive agricultural soils for continued or future agricultural use, by conserving blocks of land large enough to allow for efficient farm operations; c. To provide multiple options for landowners to minimize impacts on environmental resources and natural or cultural features such as mature woodlands, hedgerows and tree lines, significant wildlife habitats, historic buildings and sites, and fieldstone walls; d. To provide greater economy, efficiency and convenience in the siting of new development and infrastructure, including the opportunity to reduce regrading of the land, road lengths, utility runs, and the amount of paving required; e. To implement policies to conserve a variety of irreplaceable and environmentally sensitive resource lands as set forth in the Town’s Comprehensive Plan, including provisions to create a greenway trail system and other areas for active or passive recreational use for the benefit of present and future residents; f. To create neighborhoods with direct visual access to open land, with amenities in the form of neighborhood open space, with a strong neighborhood identity;

g. To provide for a balanced range of lot sizes, building densities, and housing choices to accommodate a variety of age and income groups and residential preferences, so that Rhinebeck’s population diversity may be maintained; h. To provide a reasonable setback for new development adjacent to lands in active farming or forestry use due to potential incompatibility with such uses; i. j. To conserve scenic views and elements of the Town’s rural character, and to minimize perceived density, by limiting views of new development from existing roads; To promote development in harmony with the goals and objectives of the Town’s Comprehensive Plan; and

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k. To protect gateways to the Town from the Village and from other towns, as well as from the Village into the Town. l. To mitigate potential environmental impacts of new development under the State Environmental Quality Review Act (SEQR).

3. Conservation Subdivision as Permitted Use. The Town of Rhinebeck has classified Conservation Subdivision as a permitted use in all applicable Zoning districts. Conservation Subdivision creates protected open space without increasing density for the tract as a whole. In a Conservation Subdivision, the only limiting factor for lot size is the availability of water and sewer infrastructure. Lots can vary in size, from large farm or conservancy lots to small hamlet-sized lots, and density can be averaged across the parcel as a whole. Conservation Subdivision is appropriate throughout the Town, except for the mixed-use and other priority growth districts, which have been designated for development similar to the Village of Rhinebeck and Hamlet of Rhinecliff. 4. Authorization. a. Conservation subdivisions are authorized under § 278 of New York State Town Law and this Zoning Law. Density is determined based upon the density requirements of Article IV Section C and Article V, Section I(6) herein. Authorization is hereby granted to the Planning Board to modify lot size, lot width, depth, yard, access and other requirements of the Zoning Law, Subdivision Regulations and Highway Specifications (in consultation with the Superintendent of Highways), subject to the purposes, standards and procedures contained herein, so as to create conservation subdivisions. A Conservation Subdivision may be approved and is considered a permitted use in all applicable Zoning districts. A Conventional Subdivision requires the issuance of a Special Use Permit, in accordance with Article VI, Section D(28) of the Zoning Law in the HP20, RA10, RC6, RL5, Rc-HE and in the business Zoning districts, as indicated on the District Schedule of Use Regulations. b. A pre-application conference for application information must be scheduled with the Planning Board. At this time, applicants are also encouraged to meet simultaneously with a land trust to discuss design concepts and the donation of conservation easements. The applicant shall make a deposit, in accordance with the Town’s Fee Schedule, sufficient to cover the pre-application expenses required for review by the Town’s professional engineer, professional planner and attorney. c. The Planning Board may deny a Special Use Permit for a Conventional Subdivision and require a Conservation Subdivision, where it finds any one (1) of the following elements present, as determined through review of an Existing Resources Map and Site Analysis Plan as described herein, justifying conservation of natural, cultural or historic resources, open space, scenic features, or preservation of neighborhood character:

i. Slopes: slopes of fifteen (15) percent or greater on twenty-five (25) percent or more of
the property, or

ii. Water resources: wetlands, wetland buffers, municipal water supply watershed areas,
New York State Protected Streams and aquifer and aquifer recharge areas, stream

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corridors and flood-prone areas as shown on the Town of Rhinebeck Water Resource Protection Overlay District map, or

iii. Agricultural lands: farmland within a New York State certified Agricultural District,
lands within 500 feet of a New York State certified Agricultural District, or soils classified in groups 1 to 3 (prime farmland soils) of the New York State Soil Classification System, or

iv. Forest management: sites where active growing, harvesting or processing of timber is
conducted in a manner generally consistent with § 480-a of the New York State Real Property Tax Law, or

v. Community water and/or sewer: sites where community sewer, community water, or
community water and sewer are available or planned, or

vi. Critical Environmental Areas. Lands within or contiguous to a Critical Environmental
Area designated pursuant to Article 8 of the Environmental Conservation Law, or

vii. Important open space areas: lands contiguous to publicly owned or designated open
space areas, privately owned designated natural areas, areas identified in the Town of Rhinebeck Open Space and Affordable Housing Plan, areas of biodiversity identified in the Town of Rhinebeck “Significant Habitats” report or other areas of important open space identified by a conservation organization, a local land trust or government agency, or

viii. Historic and pre-historic structures and sites: historic and pre-historic structures or
areas of national, state or local importance such as lands within the Hudson River National Historic Landmark District, the Mid-Hudson Historic Shorelands Scenic District, the Estates District Scenic Area of Statewide Significance, and a structure or site listed on the National Register of Historic Places, a multiple resource district, local waterfront revitalization area, and local landmarks, or

ix. Scenic Viewsheds and Special Features: sites bordering designated State, County or
Town Scenic Roads, “special features” identified in the Town’s Comprehensive Plan, lands within the Waterfront Revitalization Area, and any other significant feature of community importance identified in a Town planning document, or

x. Significant natural areas and features: areas with rare vegetation, significant habitats,
or habitats of endangered, threatened or special concern species as determined by the New York State Department of Environmental Conservation (Natural Heritage Program), mature forests over 100 years old, locally important vegetation (such as trees over 24” in diameter at breast height or unique species), or unique natural or geological formations, or

xi. Trails: existing and potential trails, bikeways, and pedestrian routes of Town, State or
County significance, or

xii. Recreation: lakes, ponds or other significant recreational areas or opportunities or
sites designated in the Town’s Comprehensive Plan and Open Space and Affordable Housing Plan.

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5. Permitted, Accessory and Special Permit Uses: Open space uses, as identified in Article V, Section I(9) herein, shall be considered permitted and/or accessory uses in a Conservation Subdivision. Other permitted, accessory and Special Permit Uses within a Conservation Subdivision shall be the same as those otherwise allowed in the Zoning district in which the development is located. As an alternative to single-family detached dwellings, single-family attached dwellings and multi-family dwellings are also permitted in conservation subdivisions, provided common areas are in condominium or cooperative ownership for single-family attached dwellings or unified ownership for multifamily dwellings and such dwellings are designed to resemble a single family dwelling in keeping with the rural character and traditional agricultural groupings of dwellings found in the Town. In no case shall an individual structure contain more than four (4) attached dwelling units in the HP20 District, nor more than six (6) attached dwelling units in the RA10, RC6, RL5, and RM1 Districts. Site plan approval, in accordance with Article VII, is required for all attached or multi-family dwelling unit developments. The use of the Town of Rhinebeck Design Standards is mandatory (see Appendix A herein). 6. Density. The maximum permitted number of lots or dwelling units within a Conservation Subdivision shall not exceed the number of units that, in the Planning Board’s judgment, would be permitted if the land were subdivided into conventional lots fully conforming to the minimum lot size and density requirements of this chapter applicable to the district or districts in which such land is situated and conforming to all other requirements of the Town of Rhinebeck Code. The Planning Board remains responsible for the determination of whether a Conservation Subdivision is appropriate for the land. To determine density, the applicant shall submit a “Yield Subdivision Plan,” designed so that no variances or waivers from any provision of the Town of Rhinebeck Code shall be necessary and meeting the following requirements: a. Yield subdivision plans shall be prepared as a conceptual sketch plan in accordance with the minimum lot sizes and other development standards for the Zoning district(s) from the District Schedule of Area and Bulk Regulations and other requirements of Article IV of the Zoning Law. The lots shown on a yield subdivision plan shall be the maximum number of lots permissible in a Conservation Subdivision. The Planning Board shall reach a consensus on the maximum number of lots permissible in the Conventional Subdivision layout prior to initiation of the four step Conservation Subdivision design process. b. Yield subdivision plans shall show conventional lots, streets, rights-of-way, and other pertinent features specified by the Subdivision Regulations. c. Yield subdivision plans shall be realistic and must not show potential house sites or streets in areas that would not ordinarily be legally permitted in a Conventional Subdivision. If appropriate, the Planning Board may require the applicant to provide an analysis of potential compatibility or incompatibility of the yield plan with the “Standards for Issuance of Permits and Letters of Permission” found in 6 NYCRR 663.5 when sites involve freshwater wetlands or other significant natural resources for which discretionary permits would be required. Any lands which are subject to flooding, comprised of wetlands and a 100 foot upland buffer area, ponds, streams and/or slopes in excess of twenty-five percent (25%) shall not be considered suitable for building development for purposes of this

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analysis, except to the extent which may be permitted by Article IV Section L of this Zoning Law. d. Partial Conservation Subdivision. No lot in a Conservation Subdivision may be further subdivided except under the following conditions: i. The total number of lots which would result on the parcel does not exceed the number determined in accordance with the yield subdivision plan procedures set forth herein at the time of the original Subdivision. The Planning Board may waive submission of documentation of the full lot count where, in the Planning Board's judgment, the number of lots proposed is substantially less than the total allowable lot count.

ii. The applicant executes a conservation easement that sets aside conservation land on a pro rata basis in connection with the land being subdivided rather than the entire parcel. For example, if a parcel is large enough to accommodate 10 lots, but the applicant is proposing only five, the applicant may do a Conservation Subdivision on one-half (!) of the property, preserving the amount of open space required for the portion to be developed rather than the amount required if the entire property were developed. iii. The open space land must be in a configuration that will preserve buildable land of conservation value based upon a conservation analysis, and must allow for subsequent extension of the Conservation Subdivision, unless the applicant elects to preserve the remainder of the parcel as open space land. In this case, the preserved open space does not need to be contiguous with the building lots. iv. This provision may not be used to circumvent the restrictions on segmentation under SEQR. 7. Conservation Subdivision Design Process. Once the maximum permissible number of lots in a Conservation Subdivision has been established, the next step is to create a Conservation Subdivision design layout. Lot sizes and other dimensional requirements are flexible provided the average density of the Subdivision does not exceed the yield subdivision plan’s density determination and provided the dwelling units are sited on those portions of the parcel most suitable for development while protecting significant contiguous open space. In a Conservation Subdivision, the layout shall include an identification of primary and secondary conservation lands (as defined herein) within a parcel(s), which includes those elements most highly valued by the community, as illustrated on Figures 1a and 1b herein. Illustrations of the Conservation Subdivision design process are provided herein to assist applicants and landowners. a. Sketch Plan. A Sketch Plan shall be submitted by the applicant as a diagrammatic basis for informal discussions with the Planning Board regarding the design of a proposed Conservation Subdivision. Applicants are encouraged to forward the proposed Sketch Plan to the selected land trust to inform such trust of the proposed plans. The Planning Board may provide early notification to surrounding landowners, in accordance with the procedures outlined in the Town Subdivision regulations. The purpose of such early notification is to bring neighbors, with knowledge and experience about life in their neighborhood, into the Subdivision planning process.

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The purpose of the Sketch Plan is to facilitate an expedient review of proposed new subdivisions in conformance with the Town Zoning Law, Subdivision Regulations and Comprehensive Plan. Sketch Plan submission is a way to help applicants and Planning Board members develop a better understanding of the property and to help establish an overall design approach that respects its special or noteworthy features, while providing for the density permitted under the Zoning Law. To provide a full understanding of the site's potential and to facilitate the most effective exchange with the Planning Board, the Sketch Plan shall include the information listed below. Many of these items can be taken from the Existing Resources and Site Analysis Plan, a document that must in any case be prepared and submitted no later than the date of the Site Inspection, which precedes the Preliminary Plan. i. The information required by Article VII, Section B of the Subdivision Regulations;

ii. 100 year floodplain limits, and approximate location of wetlands and wetland buffers, if any; iii. Topographical and physical features, including existing structures, wooded areas, hedgerows, and other significant vegetation, steep slopes (over 15 % and over 25 % identified separately), stonewalls, historic structures, archaeological sites, soil types (prime, statewide significant and hydric soils identified as such), ponds, streams within two hundred (200) feet of the tract, and existing rights-of-way and easements; iv. Schematic layout indicating a general concept for land conservation and development ("bubble" format is acceptable for this delineation of conservation areas); v. In the case of land development plans, proposed general layout, including building locations, parking lots, and open spaces; vi. Site Context Map. A map showing the location of the proposed Subdivision within its neighborhood context shall be submitted. For all sites, such maps shall be at a scale not less than 1"= 1000', and shall show the relationship of the subject property to natural and manmade features existing within 2,000 feet of the site. The features that shall be shown on Site Context Maps include topography and streams (from USGS maps), State and/or Federal wetlands, woodlands over one-half acre in area (from aerial photographs), ridgelines, public roads and trails, utility easements and rights of way, public land, land protected under conservation easements, and land included as open space in a Conservation Subdivision; vii. Step 1 of the Four Step Design Process for Conservation Subdivisions outlined in Article V Section I(7)(c)(i) below. b. Preliminary Plan Documents. A preliminary Conservation Subdivision plan shall consist of and be prepared in accordance with the following requirements, which are designed to supplement and, where appropriate, replace the requirements of the Subdivision Regulations: i. Preliminary Plan. The submission requirements for a Preliminary Plan include the requirements for Sketch Plans listed in Article V, Section I(7)(a) above and;

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ii. The submission requirements of Articles VII and VIII of the Subdivision Regulations, and; iii. Existing Resources and Site Analysis Plan. For all conservation subdivisions, an Existing Resources and Site Analysis Plan shall be prepared by the applicant to provide the developer and the Planning Board with a comprehensive analysis of existing conditions, both on the proposed development site and within 500 feet of the site. The Existing Resources and Site Analysis Plan becomes the basis for the four-step design process. Conditions beyond the parcel boundaries may be described on the basis of existing published data available from governmental agencies and from aerial photographs. The Planning Board shall review the Plan to assess its accuracy and thoroughness. Unless otherwise specified by the Planning Board, such plans shall be prepared at the scale of 1"=100' or 1"=200', whichever would fit best on a single standard size sheet not exceeding 36” by 42”. The following information shall be included in this Plan: (a) Topography, the contour lines of which should be at two foot intervals, determined by photogrammetry (although 10 foot intervals are permissible beyond the parcel boundaries, interpolated from published USGS maps). The determination of appropriate contour intervals shall be made by the Planning Board, which may specify greater or lesser intervals on exceptionally steep or flat sites. Slopes between 15 and 25 percent and exceeding 25 percent shall be clearly indicated. Topography shall be prepared by a professional land surveyor or professional engineer from an actual field survey of the site or from stereoscopic aerial photography and shall be coordinated with official USGS benchmarks. (b) The location and delineation of ponds, streams, and natural drainage swales as well as the 100 year floodplains and wetlands, as defined by the Town of Rhinebeck, State of New York and the US Army Corps of Engineers. (c) Vegetative cover conditions on the property according to general cover type including cultivated land, permanent grass land, old field, hedgerow, woodland and wetland, isolated trees with a caliper in excess of six (6) inches or trees of significance by virtue of its species, stands of unique trees, and the actual canopy line of existing trees and woodlands. Vegetative types shall be described by plant community, relative age, condition, and value for biodiversity as established by the Town of Rhinebeck Biodiversity Assessment mapping and Habitat Management Guidelines. (d) Soil series, types and phases, as mapped by the U.S. Department of Agriculture, Natural Resources Conservation Service in the Dutchess County Soil Survey, and accompanying data published for each soil relating to its suitability for construction and for septic suitability. (e) Ridge lines and watershed boundaries shall be identified. (f) A viewshed analysis showing the location and extent of views into the property from public roads and from public parks, public forests, Hudson River views and designated scenic roads.

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(g) Geologic formations on the proposed development parcel including rock outcrops, based on available published information and/or field survey obtained by the applicant. (h) The location and dimensions of all existing streets, roads, buildings, utilities and other manmade improvements. (i) Locations of all historically significant sites or structures on the parcel and on any abutting parcel whether identified in the Town of Rhinebeck Comprehensive Plan or listed on the National Register of Historic Places. (j) Locations of existing and proposed trails that have been in public use (pedestrian, equestrian, bicycle, etc.) or proposed in the Town of Rhinebeck Comprehensive Plan, Open Space Plan or by Dutchess County, the State of New York or the Hudson River Valley Greenway. (k) All easements and other encumbrances of property which are or have been filed of record with the Dutchess County Clerk’s Office shall be shown on the plan. (l) The boundary lines and district identification of the Hudson River National Historic Landmark District, the Waterfront Revitalization Area, the Mid-Hudson Historic Shorelands Scenic District, and the Estates District Scenic District of Statewide Significance, all of which are available for viewing at the Town Clerk’s office. c. Four-Step Design Process for Conservation Subdivisions. All sketch plans shall include Step 1 of the four-step design process. All preliminary plans shall include documentation of the four-step design process in determining the layout of proposed open space lands, house sites, streets and lot lines, as described below: i. Step 1: Delineation of Open Space Lands. Proposed open space lands shall be derived from the Existing Resources and Site Analysis Plan as a base map and complying with Article V Section I(7)(b)(iii) and the Subdivision Regulations, dealing with Resource Conservation and Greenway Delineation Standards. The Town’s Comprehensive Plan, Open Space Plan, and Significant Habitat mapping shall also be utilized. Primary Conservation Areas shall be delineated comprising floodplains, wetlands and their buffers, significant habitat and biodiversity conservation areas, slopes over 25 percent and other features as shown on Figure 1a. Secondary Conservation Areas shall be delineated comprising the resources shown on Figure 1b or such other natural and cultural features that have been identified on the property. The applicant shall prioritize natural and cultural resources on the tract in terms of their highest to least suitability for inclusion in the proposed open space, in consultation with the Planning Board and Conservation Advisory Council, after a site inspection, to create a prioritized list of resources to be conserved. On the basis of those priorities and practical considerations given to the tract's configuration, its context in relation to resource areas on adjoining and neighboring properties, and the applicant's development objectives, Secondary Conservation Areas shall be delineated (see Figure 1b) to meet at least the minimum area percentage requirements for open space lands and in a manner clearly indicating their boundaries as well as the types of resources included within them. Calculations shall be provided indicating the

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applicant's compliance with the acreage requirements for open space areas on the tract. The result is shown on Figure 1c, potential development areas. If the secondary conservation areas include active agricultural lands or contain soils classified within soil group one (1) through three (3) of the New York State Land Classification System, the siting guidelines found in Article V, Section I(10)(f) shall be followed in the design process.

1a. Primary Conservation Areas include:
Freshwater wetlands and ponds Steep slope areas of 25% or more 100 year floodplains Streams Biodiversity conservation areas Agricultural land Prime farmland soils in groups 1-3 Hydric soils Historic and pre-historic sites or structures

1b. Secondary Conservation Areas include:
Roads & trails Structures including foundations Stone walls and hedgerows Vegetation types by community Isolated trees Views to and from the site Steep slopes of 15 to 25% Statewide significant soils in soil groups 4-6 Dutchess County Septic Density Recommendations

ii. Step 2: Location of House Sites. Potential house sites shall be tentatively located, using the proposed open space lands as a base map, as well as other relevant data on the Existing Resources and Site Analysis Plan, such as topography and soils. House sites should be located not closer than 100 feet from Primary Conservation Areas and 50 feet from Secondary Conservation Areas, taking into consideration the potential negative impacts of residential development on such areas, as well as the potential positive benefits of such locations to provide attractive views and visual settings for residences.

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iii. Step 3: Alignment of Streets and Trails. Upon designating the house sites, a street and trail plan shall be designed to provide vehicular access to each house and pedestrian access to the open space (if appropriate), complying with the standards identified herein and bearing a logical relationship to topographic conditions. Impacts of the street plan on proposed open space lands shall be minimized, particularly with respect to crossing environmentally sensitive areas, such as wetlands and traversing slopes exceeding 15%. Except in cases involving proposed private roads or shared driveways, existing and future street and trail connections are encouraged to eliminate the number of new cul-de-sacs to be maintained by the Town, to facilitate access to and from homes in different parts of the tract and adjoining parcels and, if possible, to assist in the creation of a non-motorized trails system in the Town. Cul-de-sacs are appropriate when they support greater open space conservation or provide extensive pedestrian linkages. iv. Step 4: Drawing In the Lot Lines. Upon completion of the preceding three steps, lot lines are drawn, as required, to delineate the boundaries of individual residential lots and the open space. v. Note on the Four Step Site Design Process for hamlets and adjoining the Village. The design process for developing conservation subdivisions in or adjacent to hamlets and the Village shall be a variation on the four step process for conservation subdivisions, as described herein. In hamlets and near the Village, where traditional streetscape and "terminal vistas" are of greater importance, Steps Two and Three may be reversed, so that streets and squares are located during the second step, and house sites are located immediately thereafter. The first step is to identify open space lands, including both Primary and Secondary Conservation Areas.

Figure 1c: Potential Development Areas

Figure 2: House Sites Located

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Figure 3: Align Streets and Trails

Figure 4: Draw in the Lot LInes

8. Dimensional standards. Except as specified herein, all dimensional standards normally applicable to other subdivisions and uses shall also be applicable to Conservation Subdivision. a. Minimum required open space: In all Zoning districts, a Conservation Subdivision shall preserve, in perpetuity, open space land in accordance with the minimum requirements of the following table. Parking areas and roads shall not be included in the calculation of the minimum required open space. Except for open space lands that are to be used for agricultural purposes, at least 25 percent of the minimum required open space shall consist of lands suitable for use as a passive recreation area.

Zoning District HP20 RA10 RC6 RL5 RM1 Other Residential Districts ORP BP Other Non-residential Districts

Minimum Required Open Space 80% 80% 65% 60% 40% 20% 50% 40% 20%

Supplementary Regulations

b. Minimum lot width at building line: 60 feet. c. Minimum street or private road frontage: 40 feet. The Planning Board may waive the Town flag lot specifications for conservation subdivisions, based upon a review of the conservation analysis, the character of the development and surrounding area. Flag lots are a means for development to occur within interior portions of a parcel at relatively low density, thereby preserving roadside open space and avoiding the expense of new town roads in conservation subdivisions. d. Yard regulations: the builder or developer is urged to consider variations in the principal building position and orientation, but shall observe the following minimum standards. The Planning Board may set maximum yards where the character of development is more appropriate for compact development with walkable neighborhoods: Front yard: Rear yard: 10 feet 25 feet

e. Maximum impervious coverage. No more than 10 percent (or 4,356 square feet) of any given acre should be covered with impervious surface in the form of access drives, and parking areas. f. Minimum lot size. The minimum lot size for developments with individual sanitary sewage disposal systems shall be twelve thousand (12,000) square feet per single-family unit or as recommended in the Dutchess County Aquifer Recharge Rates &Sustainable Septic System Density Recommendations. When community water and/or sewerage systems are involved, the bulk standards found in the TND regulations of Section VIII shall be used as guidelines. Attached single-family dwelling units shall be in condominium, cooperative, or other acceptable ownership options. In accordance with Article IV, Section L, no more than 25 percent of the required minimum lot are may be fulfilled by land which is included within a designated wetland or 100 year floodplain.

9. Standards for Protected Open Space: a. The required open space land consists of a combination of Primary Conservation Areas and Secondary Conservation Areas. Primary Conservation Areas include freshwater wetlands and other waterbodies with a one hundred (100) foot adjacent area acting as a surrounding buffer, streams, lands within the 100-year floodplain, prime farmland and hydric soils, and lands having slopes of twenty-five (25) percent or more. The proposed Subdivision design shall minimize disturbance of these environmentally sensitive areas. Primary Conservation Areas shall be included in the required open space area to the greatest extent practical. Secondary Conservation Areas include special features of the property that would ordinarily be overlooked or ignored during the design process such as agricultural lands, woodlands, significant natural areas and features, stone walls, rock outcrops, hedgerows, meadows, historic structures and sites, historic rural corridors, scenic viewsheds, scenic roads and trails. Secondary Conservation Areas shall be included in the required open space area to the greatest extent practical such that protecting these resources will, in the judgment of the Planning Board, achieve the purposes of this section. The applicant shall demonstrate that Primary and Secondary Conservation areas will be

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protected by identifying and delineating building envelopes and home sites on the proposed Subdivision plan. b. Open space lands shall be laid out in general accordance with the Town’s Comprehensive Plan and Open Space Plan to protect large blocks of open space and to protect biodiversity and other environmental resources as set forth in the Comprehensive Plan. c. A recreational fee in lieu of land, as set forth in the Town’s fee schedule, may be imposed to accommodate the foreseeable recreational needs of the proposed subdivision’s residents. Such fee shall be imposed only after the Planning Board has made a finding that a proper case exists for requiring that a park or recreational facilities are needed by the subdivision’s residents for recreational purposes. The Planning Board, in making such findings, shall evaluate present and anticipated future needs for park and recreational facilities, based upon the cumulative demands of all recently approved and pending Subdivision applications on Town recreational facilities and the resulting need to expand recreational facilities in the near future as a result of the proposed Subdivision and other subdivisions and may rely on the projections and other analysis of need in the Recreational Needs Assessment For The Rhinebeck Community dated September 12, 2006, as updated from time to time. d. Active agricultural land with farm buildings may be used to meet the minimum required open space land. Access to open space land used for agriculture may be appropriately restricted for public safety and to prevent interference with agricultural operations on nonagricultural lands. To minimize land use conflicts, land used for agricultural purposes shall be buffered from residential uses by a setback on the lands used for residential purposes, of at least two hundred (200) feet. No clearing of trees or understory growth shall be permitted in this setback (except as may be necessary for street or trail construction). Where this buffer is unwooded, the Planning Board may require vegetative screening to be planted, or that it be managed to encourage natural forest succession through “no-mow” policies and the periodic removal of invasive plant and tree species. e. Open space land should generally remain contiguous and should be designed to connect with adjacent open space areas, if any. No individual parcel of common open space should be less than one (1) acre except for roadway median strips, traffic islands, walkways, trails, courtyards, play areas, recreation facilities, drainage-ways leading directly to streams, historic sites or unique natural features requiring common ownership protection. f. No portion of any house lot may be used for meeting the minimum required open space land unless encumbered with a conservation easement.

10. House lot standards. Development areas for the location of house lots include the necessary building envelope for each dwelling unit, constituting the remaining lands of the tract outside of the designated open space areas. Building envelopes shall be designed in accordance with the following standards: a. Building envelopes shall not encroach upon Primary Conservation Areas and their layout shall respect Secondary Conservation Areas. b. All new dwellings should meet the following setback requirements to the greatest extent practicable:

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Supplementary Regulations Zoning District HP20
200 ft. 100 ft. 200 ft. 300 ft. 150 ft.

Setback
From all external road ultimate right-of-ways From all other parcel boundaries From agricultural lands, as defined herein at Section I(9) (d) From buildings or barnyards housing livestock From active recreation areas, but not including “tot” lots

RA10
200 ft. 100 ft. 200 ft. 300 ft. 150 ft.

RC6
150 ft. 50 ft. 200 ft. 300 ft. 150 ft.

R5A
100 ft. 50 ft. 200 ft. 300 ft. 150 ft.

Others
100 ft. 50 ft. 200 ft. 300 ft. 50 ft.

c. Views of house lots from exterior roads and abutting properties shall be minimized by the use of changes in topography, existing vegetation, or additional landscaping which meets the landscaping requirements of the Zoning Law and Subdivision Regulations. d. House lots should generally be accessed from interior roads or common driveways, rather than from roads bordering the tract. New intersections with existing public roads shall be minimized. Two access ways into and out of subdivisions, where the average daily traffic (ADT) will exceed 200 trips, is required for safety; however, proposals for more than two entrances onto public roads are discouraged if they would unnecessarily disrupt traffic flow or unduly impact the environment. Consultation with emergency services providers should be initiated for all subdivisions that would cause exceedance of the 200 trips per day threshold. e. At least three-quarters of the lots should directly abut or face conserved open space. f. For Conservation Subdivision of lands with agricultural or forestry activities or with the potential for such activities, including lands within Dutchess County Agricultural District # 20, lands within 500 feet of Dutchess County Agricultural District # 20, and/or lands subject to § 480-a of the New York State Real Property Tax Law or within 500 feet of a parcel subject to § 480-a of the New York State Real Property Tax Law, house lots shall be designed in accordance with the following guidelines: i. All surficial soils classified as prime farmland soils (class 1 to 3) shall be avoided by Subdivision development. Soils of statewide significance (class 4 to 6) should be avoided by Subdivision development to the greatest extent practical. Other existing features, whose preservation would benefit the Town and the Subdivision, should be avoided through sensitive design of the Conservation Subdivision. Such features include but are not limited to: (a) Groves of mature trees and large individual trees (b) Hedgerows and woodlands along roadways, property lines, and streams (c) Scenic vistas (d) Water features such as streams, ponds, floodplains, lakes and wetlands

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(e) Stone walls and rock outcrops (f) Steep slopes in excess of 15 percent (g) Habitats of species of conservation concern and significant habitats identified in the Town of Rhinebeck Significant Habitats report dated July 2007. (h) Visually prominent agricultural landscape features such as fields, pastures and meadows on knolls, hilltops and ridgelines (i) Historic structures or sites (j) Similar irreplaceable assets ii. Residential structures should be located according to the following guidelines, which are listed in order of significance. Note that some of the guidelines may conflict with each other on a particular site, in which case, the Planning Board may use its discretion to resolve such conflicts: (a) On the least fertile agricultural soils and in a manner which maximizes the usable area remaining for agricultural use; (b) Away from the boundaries of any preserved farm, to reduce conflicting uses in areas where farmers have made long-term commitments to continue to farm; (c) In such a manner that the boundaries between house lots and active farmland or active forest management land are well buffered by vegetation, topography, roads or other barriers to minimize potential conflict between residential and agricultural/ forestry uses; (d) To avoid disturbance to the existing environmental, cultural and scenic features noted in Subsection (10(f)(i) above; (e) To be as visually inconspicuous as practical when seen from State, County and local roads, and particularly from designated scenic routes; (f) Next to other residences or building lots on adjacent properties; (g) To minimize the perimeter of the built area by encouraging compact development and discouraging strip development along roads; (h) On suitable soils for subsurface sewage disposal (where applicable); (i) Within woodlands, or along the far edges of open agricultural fields adjacent to any woodland, to reduce encroachment upon agricultural soils, provide shade in summer and shelter in winter, and to enable new residential development to be visually absorbed by the natural landscape; (j) In locations where the greatest number of dwelling units could be designed to take advantage of solar heating, solar electric and wind generating opportunities; and (k) Any other mitigation measure imposed under SEQR.

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11. Streets, driveways and trails. a. Common driveway access for conservation subdivisions may be provided to serve up to six (6) dwellings. Common driveways shall be a minimum of eight (8) feet in width and a maximum of sixteen (16) feet in width. Common driveways that are less then sixteen (16) feet in width shall provide for regularly spaced vehicle pull-offs that are 16 feet in width. A pedestrian circulation and/or trail system shall be designated and installed sufficient for the needs of residents, as deemed practical by the Planning Board. The use of gates or other access controls measures on common driveways is prohibited. b. Private roads are encouraged in Conservation Subdivision. However, access arrangements for private roads must be made in accordance with § 280-a of New York State Town Law. In cases where public roads are proposed, the Planning Board shall work with the Superintendent of Highways to ensure that the Town of Rhinebeck’s Highway Specifications, normally applicable to conventional subdivisions, do not impact or detract from the rural and environmental character of a Conservation Subdivision. The Superintendent of Highways has the ability to make a recommendation as to the interpretation of any part of the highway specification requirements and to modify such requirements under Section 8 of the Highway Specifications. Conservation subdivisions containing twenty (20) lots or more shall have at least two (2) connections with existing roads, roads on an approved Subdivision plat for which a bond has been filed, or access to an existing private road. Regardless of the road design employed, the applicant shall demonstrate and the Planning Board shall find that emergency services access is adequate for the number of dwellings proposed. The use of gates or other access controls measures on private roads is prohibited. c. From an aesthetic and speed control perspective, curving roads are preferred in an informal rural setting to avoid long straight segments. Shorter straight segments connected by 90 degree bends should be avoided except in a more formal or traditional arrangement of lots, such as in areas adjoining the Village, in hamlet areas or where lots surround a common green or traditional square. d. Whenever appropriate, road systems should produce terminal vistas, with prominent views of open space features, in accordance with the conservation emphasis of the Conservation Subdivision design and to positively contribute to the Town’s open space goals. e. Roads should be designed to conform with the topography of the land to minimize cuts and fills. f. Single-loaded roads are encouraged alongside conservation areas to provide views of the conservation lands for residents and visitors.

g. Street trees may be required, depending upon the open or wooded character of the parcel, in accordance with the Subdivision Regulations and survivability shall be assured in accordance with Article V, Section W of the Zoning Law. h. The Planning Board should consider the potential fiscal impacts on the Town’s resources for all new public roads, including required stormwater management facilities, landscaping and other access related features. If the Planning Board identifies a potential fiscal impact, as a condition of Subdivision approval the Planning Board may require the formation or

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extension of a special improvement district(s) pursuant to Articles 12 and 12-a of New York State Town Law or other mechanism acceptable to the Town Attorney, such as formation of a Homeowners Association. 12. Permanent protection of open space. A conservation easement, held by a conservation organization under Article 49 of the New York State Environmental Conservation Law, is the method used to protect open space. The following regulations shall apply: a. Conservation easements shall be deeded to a conservation organization, provided that: i. The conservation organization is acceptable to the Planning Board and Town Attorney and is a bona fide “not-for-profit conservation organization,” as defined in Article 49 of the New York State Environmental Conservation Law;

ii. The conveyance contains appropriate provisions for proper reverter or retransfer in the event that the conservation organization becomes unwilling or unable to continue carrying out its functions; and iii. A maintenance agreement acceptable to the Planning Board and Town Attorney is established between the owner(s) and the conservation organization, where appropriate, to insure perpetual maintenance of the open space. b. The conservation easement shall permanently restrict the open space from future Subdivision, shall define the range of permitted activities and shall be reviewed and approved by the Planning Board and Town Attorney prior to the granting of Final Plat Approval. Under no circumstances shall any development be permitted in the open space at any time, except for the following uses: i. Conservation of open land in its natural state (for example, woodland, fallow field, or managed meadow). The clearing of woodland shall generally be prohibited, except as necessary to create trails and other passive recreation facilities, and to install subsurface sewage disposal systems. The determination of necessity shall lie with the Planning Board.

ii. Agricultural and horticultural uses, including raising crops or livestock, wholesale nurseries, and associated buildings, that are specifically needed to support an active, viable agricultural or horticultural operation. Specifically excluded are Concentrated Animal Feeding Operations (CAFO’s) as defined by the US Environmental Protection Agency, or commercial livestock operations involving swine, poultry, mink, ratites, and other animals likely to produce highly offensive odors. iii. Game preserve, wildlife sanctuary, or other similar conservation use. iv. Woodlots, arboreta, and silviculture in keeping with established standards for selective harvesting, sustained-yield forestry and generally consistent with the New York State Best Management Practices and Timber Harvest Guidelines. v. Neighborhood open space uses such as village greens, commons, picnic areas, community gardens, trails, and similar low-impact passive recreational uses specifically

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excluding motorized off-road vehicles, rifle ranges, and other uses similar in character and potential impact as determined by the Planning Board. vi. Water supply and sewage disposal systems, and stormwater detention areas designed, landscaped, and available for use as an integral part of the open space area. vii. Easements for drainage, sewer or water lines, or other public purposes. viii. Underground utility rights-of-way. Above ground utility and street rights-of-way may traverse conservation areas but shall not count toward the minimum required open space land. c. The open space is clearly delineated by the use of stone cairns along the borders of the open space and at the corners of the open space as an aid in the field identification of the protected areas. 13. Ownership of open space land and common facilities. Open space is protected in perpetuity by conservation easements and the following methods may be used, either individually or in combination, for ownership of open space land and common facilities. Open space (including trails whether part of an on-site trail or part of a larger townwide trail system) may be offered for dedication to the town where they would provide needed recreational facilities, riverfront access or access to other water features. Open space land and common facilities shall not be transferred to another entity except for transfer to another method of ownership permitted under this section. Ownership methods shall conform to the following: a. Fee simple dedication to the town. The Town may, but shall not be required to, accept any portion of the open space land and common facilities, provided that: i. There is no substantial cost of acquisition to the town; and

ii. the town agrees to and has access to maintain such facilities; and iii. such facilities for public use shall be accessible to all residents of the town. b. Homeowners’ Association. Open space land and common facilities may be held in common ownership by a homeowners’ association, subject to all of the provisions for homeowners’ associations set forth in New York State Business Law. In addition, the following regulations shall be met: i. The applicant shall provide the Town with a description of the organization of the proposed association, including its by-laws, and all documents governing ownership, maintenance, and use restrictions for common facilities.

ii. The proposed association shall be established by the owner or applicant and shall be operating (with financial subsidization by the owner or applicant, if necessary) before the sale of any dwelling units in the development. iii. Membership in the association shall be mandatory for each property owner within the Subdivision and successive owners in title with voting of one vote per lot or unit, and the subdivider’s control, therefore, passing to the individual lot/unit owners on sale of the majority of the lots or units.

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Supplementary Regulations
iv. The association shall be responsible for liability insurance, local taxes and maintenance of open space land, recreational facilities and other commonly held facilities. v. The by-laws shall confer legal authority on the association to place a lien on the real property of any member who falls delinquent in his or her dues. Such dues shall be paid with the accrued interest before the lien may be lifted. vi. Written notice of any proposed transfer of common facilities by the association or the assumption of maintenance for common facilities must be given to all members of the association and to the Town no less than thirty days prior to such event. vii. The applicant shall demonstrate that the association will have adequate resources to administer, maintain, and operate such common facilities. viii. The common open space land shall be protected by conservation easement from future Subdivision and development. ix. The Planning Board remains responsible for assuring that proper provision has been made for ownership and maintenance of the open space land. x. Ownership shall be structured in such a manner that real property taxing authorities may satisfy property tax claims against the open space lands by proceeding against all individual owners in the homeowners’ association and the dwelling units they each own. xi. Ongoing maintenance standards shall be established, enforceable by the Town against an owner of open space land as a condition of Subdivision approval, to assure that the open space land does not detract from the character of the neighborhood. xii. The applicant shall make a conditional offer of dedication to the Town, binding upon the homeowners’ association, for all open space conveyed to the homeowners’ association. Such offer may be accepted by the Town, at the discretion of the Town Board, upon the following: (a) Failure of the homeowners’ association to take title to the open space from the applicant or other current owner; (b) Upon dissolution of the homeowners association at any future time; (c) Upon failure of the homeowners’ association to fulfill its maintenance obligations hereunder; (d) Upon failure of the homeowners’ association to pay its real property taxes.

xiii.The Town Attorney shall find that the HOA documents presented satisfy the conditions in Subsections (b)(i) through (xii) above and such other reasonable conditions as the Planning Board shall deem necessary.
c. Non-common private ownership. The required open space land may be included within one or more large “conservancy lots” provided the open space is permanently restricted from future development by a conservation easement as required by Article V, Section I(12) (a) to (c). This option may be preferable for open space land that is intended for agricultural, horticultural, or silvicultural use.

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14. Maintenance of open space. The cost and responsibility of maintaining the open space and facilities shall be borne by the homeowners’ association or by the private owner(s). In the case of open space and facilities deeded to the town for public use, the municipality shall be responsible for maintenance, unless special arrangements are made. 15. Sewage treatment systems. The Town of Rhinebeck may require shared or community sanitary sewage disposal systems for conservation subdivisions where single-family attached dwellings or small hamlet-sized lots are proposed. Shared or community sanitary sewage disposal systems are encouraged for all other conservation subdivisions except for large farm or conservancy lots. Such systems may be located in the required open space lands such as on conservation meadows, village greens, and passive recreations areas, provided such areas are not paved or covered with other impervious surfaces. Regardless of the type of subsurface sewage disposal method employed, all required separation distances shall be observed and the ownership and maintenance responsibilities associated therewith shall be clearly defined in agreements submitted for approval as part of the Subdivision application. No application shall be approved that does not provide lot buyers with both the legal authority and the responsibility, individually or collectively, to maintain all sewer facilities on a continuing basis. This may include the creation of a special district under Articles 12 and 12-a of New York State Town Law.

J. Water Supply And Sewage Disposal Requirements.
No person shall undertake to construct any building or structure intended for human occupancy, whether a principal, converted, or an accessory structure, within the Town of Rhinebeck without first meeting the requirements for a system, or facilities for both a potable water supply and the separate disposal of sewage and domestic or trade wastes in accordance with the applicable regulations of the Town of Rhinebeck, the Dutchess County Health Department and the New York State Departments of Health and Environmental Conservation.

K. Sanitary Disposal Areas And Facilities.
No dump, landfill, septage disposal site, or other sanitary disposal area or facility shall be permitted within the Town of Rhinebeck, except where approved as part of a Subdivision or Site Plan development and owned or leased and operated by the Town of Rhinebeck, whether such operation is through its own forces or on a contract basis. Special districts may need to be established to cover appropriate costs of proper maintenance.

L. Swimming Pools.
Any outdoor swimming pool, whirlpool or hot tub, as defined within Article XIII of this Zoning Law, shall be subject to all requirements of the New York State Uniform Fire Prevention and Building Code.

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Supplementary Regulations

M.Solar and Wind Energy Systems.
It is the policy of the Town to promote and encourage the use of solar and wind energy and to remove obstacles to the use of such systems. Use of solar energy for space heating, water heating or generating electricity reduces dependence upon finite fossil fuel resources, helps to reduce the amount of pollution resulting from the use of fossil fuels and reduces or eliminates carbon dioxide emissions. To the extent practicable, and in accordance with Section 263 of New York State Town Law, the accommodation of solar and wind energy systems and equipment, and the protection of access to sunlight and wind for such equipment, shall be required in the application of the various review and approval provisions of this Zoning Law. This means, for example, laying out roads and buildings in an east west direction so that south facing windows and solar collectors, whether to be installed immediately or planned for the future, can get direct sunlight. Roads should always be developed in a manner that protects natural resources, but if possible, lay out roads east west as long as the environment is protected. The following additional provisions apply: 1. Any covenant, restriction, or condition contained in any deed, contract, security agreement, or other instrument affecting the transfer or sale of, or any interest in, real property that effectively prohibits or unreasonably restricts the installation or use of a solar and/or wind energy system is void and unenforceable. 2. For the purposes of this section, a covenant, restriction or condition effectively prohibits or unreasonably restricts the installation or use of a solar and/or wind energy system, if it significantly increases the cost of a solar and/or wind energy system, or significantly decreases the efficiency or expected performance of such energy system. 3. For the purposes of this section: a. "Significantly" means an amount exceeding 20 percent of the cost of the system or decreasing the efficiency of the solar and/or wind energy system by an amount exceeding 20 percent, as originally specified and proposed. b. "Solar energy system" means a device or structural design feature, a substantial purpose of which is to provide daylight for interior lighting, or to provide for the collection, storage, conversion, and distribution of solar energy for space heating or cooling, water heating, or electricity generation and may be referred to as a “solar collector.” c. “Wind energy system” converts mechanical energy to electricity using a machine called a wind generator, wind turbine, wind power unit (WPU) or wind energy converter (WEC) and may be referred to as a wind generator. Windpower technology has been around for nearly two millennia and usully involves use of a wind turbine to power a pump or grinding stones, in which case the machine is usually called a windmill. 4. Whenever approval is required for the installation or use of a solar and/or wind energy system, the application for a building permit shall be processed and approved by Town Code Enforcement Officer in the same manner as an application for approval of an architectural modification to the property, and shall not be willfully avoided or delayed. The following additional provisions apply to solar and/or wind energy systems:

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a. Building Permits. Building permits are only required for solar collectors or wind turbines when: i. Weight is 1,000 pounds or more; or

ii. Installation is structurally complex as determined by the Code Enforcement Officer; or iii. Solar projects and/or wind generators require construction of stand alone support structures valued over $4,000. b. Building or structure alterations and additions. In general, alterations and additions to existing buildings for solar and wind energy systems must conform to lot coverage, height and setback (yard) requirements as described in the District Schedule of Area and Bulk Regulations. Solar collectors and wind generators are permitted outright as an accessory use. This means the collectors are incidental to and support the principal use of the lot, such as a home or business. Solar collectors include any device used to collect direct sunlight for use in the heating or cooling of a structure, domestic hot water, or swimming pool, or the generation of electricity. This may include the use of solar greenhouses. Wind generators are also referred to as wind turbines, wind power units (WPU) or wind energy converters (WEC). c. Nonconforming Residential Uses. A solar collector or wind generator may be added to the existing principal building on a nonconforming residential lot without forcing the entire building to be brought up to current Zoning standards. d. Lot Coverage Requirements. Solar collectors do not count as lot coverage if minimum standards are met, including but not limited to height and setback requirements. e. Height Requirements. In Residential Zoning districts, solar collectors and wind generators may be mounted to extend up to four (4) feet above the Zoning district’s height limit, or extend up to four (4) feet above the ridge of a pitched roof. Also, the total height from existing grade to the top of the solar collectors or wind generator may not extend more than nine (9) feet above the Zoning district’s height limit. f. Scenic District and Scenic Roads. Applications for solar collectors and wind generators within the Mid-Hudson Historic Shorelands Scenic District, a Scenic Area of Statewide Significance or on a designated Scenic Road require Site Plan approval from the Planning Board, limited to a review of the visual impacts of such collector(s) and/or generator(s). The Planning Board may require an applicant for a solar collector or wind generator to submit a Viewshed Analysis meeting the procedures identified within the New York State Department of Environmental Conservation’s SEQR publication entitled Assessing and Mitigating Visual Impacts.

g. Additional Height Flexibility for Solar Collectors in the Mixed-use and Nonresidential Zones. Applicable Zoning Districts include the TND, BP, Cr-B, CB-N, CB-S, CB-E, Gw-N, Gw-E, Gw-S, GB, and ORP. Because many rooftops in the mixed use and nonresidential Zoning districts include a variety of mechanical and architectural features, solar collectors are treated just like those features. Solar collectors may extend up to 15 feet above the maximum height limit, so long as the combined total coverage of the rooftop features do not exceed 25 percent of the roof area when typical features (such as elevator penthouses)

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are present. If rooftop features exceed the 25 percent roof coverage, solar collectors may only extend seven (7) feet above maximum height limits (except in the TND zone). h. Protecting Solar Access of Property to the North. In all Zoning districts except the TND, Rc-B, and ORP districts, a solar collector exceeding the Zoning district height limit must be placed so that it does not shade the property to the north on January 21 at noon any more than a structure built to the maximum permitted bulk for that zone. For assistance in determining solar exposure, please see the Sun Chart brochure available from the Town Clerk. In the TND, Rc-B and ORP Zoning districts, the applicant shall either locate a solar collector at least 10 feet from the north edge of the roof, or provide shadow diagrams to demonstrate the lack of additional shading on January 21 as described above. i. Setback (Yard) Requirements. Solar collectors may be located in yards according to the following conditions: i. In a side yard, up to 10 feet from the side property line.

ii. In a rear yard, up to 15 feet from the rear property line. When there is a dedicated alley the solar collector may be located up to 15 feet from the centerline of the alley. iii. Solar collectors are not permitted in a front yard, except for “solar greenhouses” that are integrated into the principal structure.

N. Required Screening For Non-Residential Uses.
In all Zoning Districts, except the mixed-use districts, any enclosed or unenclosed storage business, commercial or light manufacturing use permitted by this Zoning Law shall be provided with a fence, screen and/or landscaping sufficient to obscure visually objectionable aspects of such use from adjoining properties in residential Zoning districts and/or public rights-of-way. This section shall not apply to agricultural uses. 1. Any use which is not conducted within a completely enclosed building, including but not limited to lumber yards, storage yards, contractors’ yards, and parking lots, and which use abuts, is adjacent to, or located within a residential Zoning district, or fronts a public right-ofway, shall not be located within the required front yard and shall be obscured from view from such residential Zoning districts and public rights-of-way in an effective manner, as determined by the Planning Board. 2. Adequate plans for the installation of required fences, screens and/or landscaping, shall be reviewed by the Planning Board in accordance with the provisions of Articles VI and VII of this Zoning Law. The retention and enhancement of existing vegetation, the introduction of substantial new vegetation, and the introduction of earthen berms, only if appropriate, shall be considered the preferred means to satisfy these screening requirements. 3. Any required fencing, screening and/or landscaping, installed in accordance with this Zoning Law shall, as a condition of the Certificate of Occupancy, be maintained in good order to achieve the objectives stated herein. Failure to maintain fencing shall be considered a chargeable violation of this Zoning Law. Landscaping survivability shall be guaranteed in accordance with Article V, Section W.

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O. Agriculture.
Agriculture and farms, as specifically defined in Article XIII of this Zoning Law, is encouraged in the Town of Rhinebeck and it is the intent of this Zoning Law not to unreasonably restrict or regulate farm operations in contravention of the purposes of Article 25-AA of the New York State Agriculture and Markets Law. Agriculture is generally entitled to a “right-to-farm” and a “right-tomarket” and shall be permitted in all Zoning districts except the mixed-use and neighborhood residential districts (i. e. TND, Rc-H, Rc-B, NR, and VG). The following guidelines and standards apply to agriculture and/or to parcels within 500 feet of an agricultural operation for which a Subdivision, Site Plan, Special Use Permit, Zoning Variance or Zoning Amendment approval is required from the Town of Rhinebeck. Guidelines are recommended practices and are preceded by “should” while standards are required and are preceded by “shall”: 1. Building Setbacks Buildings or structures for permitted fowl or livestock should be located not less than one hundred (100) feet from any lot line, except in the HP20 and RA10 districts or where the farm operation precedes the residential use, within two hundred (200) feet of the nearest neighboring residential structure. No fenced area for such fowl or livestock less than one acre in size, except in the HP20 and RA10 districts should be closer than one hundred (100) feet to an existing neighboring residential structure. 2. Manure Storage The storage of manure or odor-producing substances should be located not less than one hundred fifty (150) feet from any lot line, stream or other water body and shall not be less than two hundred (200) feet from the nearest neighboring residential structure or well providing a source of potable water. 3. Livestock Accessory to a Residence Keeping of livestock accessory to a residence shall require three (3) acres for the first large livestock animal such as horses, cattle, or bison and one (1) acre for each additional large livestock animal. Keeping of livestock accessory to a residence shall require three (3) acres for the first two medium livestock animals such as goats, sheep, ponies, or llamas and one (1) acre for each two additional medium livestock animals. 4. Buffers to Agriculture Required The policy of the Town of Rhinebeck is to encourage agriculture so wherever agricultural uses and proposed non-agricultural uses adjoin, the applicant for the non-agricultural use shall provide buffers to reduce the exposure of these abutting uses to odors, noise, and other potential nuisances associated with the agricultural operation. Said buffer strips may consist of vegetative screening, woodlands, vegetated berms, or natural topographic features and, when required, shall be no less than one hundred (100) feet in width and may be required up to a width of three hundred (300) feet, depending upon the type of adjoining agriculture or farm use, the topography and the proposed design and planting of such buffer. It shall be the responsibility of the applicant, subject to approval by the Planning Board, to provide an effective buffer that will reasonably protect adjacent residential living areas from agricultural

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practices and to protect the agricultural use from nuisance complaints and nuisance lawsuits, from their non-farm neighbors, as a result of normal farm operations. 5. New Development Requires Deeded Declarations All deeds of new residential units within 500 feet of a farm operation shall contain references to notes that shall be placed on the Subdivision plat and/or site plans relative to the benefits of agriculture to the Town of Rhinebeck as well as to the potential hazards and nuisances associated with agriculture (such as noise, odors, hazardous chemical use, etc.) to which residents of the dwelling unit(s) willingly subject themselves to. 6. Agricultural Data Statement Required An Agricultural Data Statement shall be required for any application for a Subdivision, Special Permit, Site Plan, Area or Use Variance, or Zoning Amendment approval by the Town Board, Planning Board, or Zoning Board of Appeals that would occur on property within an agricultural district containing a farm operation, or on property with boundaries within five hundred feet of a farm operation located in an agricultural district. The reviewing board shall evaluate and consider the agricultural data statement and any comments thereon by owners or operators of farm operations potentially affected by such application in its review of the possible impacts of the proposed project upon the functioning of farm operations within the agricultural district. 7. Exemptions for Agricultural Operations Within a New York State Agricultural District, as defined in Article 25-AA of the New York State Agriculture and Markets Law, the following exemptions from provisions of this Zoning Law shall apply to land and buildings on farm operations: a. There shall be no height limits on agricultural structures, including but not limited to barns, silos, grain bins, and fences, as well as equipment related to such structures, as long as they are being used in a manner that is part of the farm operation. b. There shall be no lot line setback restrictions on agricultural structures, except setbacks from lots that are either not within the agricultural district or lots that have existing residential uses. This setback requirement shall not apply to pre-existing non-conforming structures. c. Agricultural farm management structures and practices are classified as Type 2 Actions under SEQR and shall not require Site Plan approval, except that farm buildings and structures with a footprint greater than 15,000 square feet shall require expedited Site Plan approval from the Planning Board in accordance with the following Agricultural Site Plan Review Process: i. The applicant shall submit a sketch of the parcel on a location map (such as a copy of a survey or a tax map) showing the boundaries and dimensions of the parcel of land involved and identifying contiguous properties and any known easements or rights-ofway and roadways. On this map, show the existing features of the site including land and water areas, water and/or sewer systems and the approximate location of all existing structures on or immediately adjacent to the site.

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ii. The sketch should show the proposed location and arrangement of buildings and uses on the site, including access and egress, parking and circulation. iii. The sketch should show any proposed buildings or structures, including the exterior dimensions and elevations of the front, side and rear views. Include copies of any available plans or drawings prepared by a professional. iv. Provide a description of the project and a narrative of the intended use of the proposed building(s) including any proposed changes in the existing topography and natural features of the parcel to accommodate the proposed changes. Include the name and address of the applicant and any professional advisors. If the applicant is not the owner of the property, provide authorization of the owner. v. If any buildings or structures are to be placed within 100 feet of a stream, wetland or other water resource, then follow the procedures of the Town’s Water Resource Protection Overlay District (WR-O), found in Article V, Sections F and T herein. vi. The Site Plan application shall be referred to the Dutchess County Department of Planning and Development in accordance with Article VII, Section E(5), if applicable, prior to Site Plan Approval. The Planning Board may conduct a public hearing on the proposed Site Plan, depending upon the nature of the application and the degree of public interest. Action by the Planning Board shall follow the procedures enumerated in Article VII, Section F of the Zoning Law. d. Soil removal and/or soil displacement, which does not require a Mined Land Reclamation permit from the New York State Department of Environmental Conservation, shall be considered accessory to a farm operation, subject to issuance of a Zoning Permit from the Zoning Enforcement Officer, provided the soil removal/displacement is wholly contained on the land associated with the farming operation. If soil removal/displacement involves off-farm lands, then a Special Use Permit shall be obtained from the Planning Board.

P. The Keeping of Farm Animals on Non-farm Parcels.
The keeping of farm animals on non-farm parcels of at least three (3) acres in area and up to seven (7) acres in area shall be permitted in accordance with the following limitations: 1. The keeping of not more than one (1) adult or fully-grown horse, cow, hog, beef cattle, sheep, goat or other four-legged domestic-type farm animal or combinations thereof per three (3) acres of land for the first animal one (1) acre for each additional animal shall be permitted. 2. In addition, the keeping of not more than a total of any combination of eight (8) adult or fully grown chickens, ducks, geese or other fowl or birds of any type per three acres of land shall be permitted.

Q. Roadside Stands.
1. Roadside stands, as defined in Article XIII of this Zoning Law, shall be permitted in the HP20, RA10, RC6, RL5 and RM1 Districts as an accessory use, provided: a. Such stand shall not exceed two hundred (200) square feet in gross floor area.

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b. Such stand shall be located not less than twenty (20) feet from the edge of pavement and there shall be a suitable area provided where vehicles can safely park while visiting the roadside stand. c. Such stand shall be solely for seasonal display and sale of agricultural products grown principally on the premises or, in limited quantity elsewhere by the operator of the roadside stand. d. Signage shall be limited to a single sign, not greater than three (3) square feet in sign area per side and located not less than five (5) feet from the edge of pavement.

R. Alternate Care Facilities.
1. All alternate care facilities, as defined in Article XIII of this Zoning Law, shall be subject to the Special Use Permit procedures provided by Article VI of this Zoning Law, including those detailed standards and submission requirements stated in Part D of that Article. 2. Through the application of the Special Use Permit procedure, the Town seeks to make needed alternate care facilities available and conveniently accessible for those persons who are unable to live and work independently at a particular time without unduly disrupting the economic or social balance of the community or unduly impacting its infrastructure and ability to provide services.

S. Outdoor Storage in Residential Districts.
Not more than one (1) commercial or recreational vehicle in excess of twenty (20) feet in length and more than a total of two (2) camping or other trailers or boats may be stored outdoors on a lot in a residential district. All such outdoor storage shall occur as inconspicuously as practicable on the lot and may not occur within the minimum required front yard. No such commercial vehicle shall be stored within one hundred (100) feet of an adjoining residential lot line, nor shall a camping trailer or boat be stored within twenty-five (25) feet of an adjoining residential lot line unless a dense natural vegetative screen is planted and maintained in which case the above-stated minimum distances may be reduced to fifty (50) feet and fifteen (15) feet, respectively.

T. Development Within the Water Resources Protection Overlay (WR-O) District.
1. Special Use Permit Required. Development, as defined in Article XIII of the Zoning Law, within the WR-O District requires issuance of a Special Use Permit and Site Plan approval in accordance with Articles VI and VII unless specifically exempted herein. For any application for approval of a Subdivision plat, pursuant to the Land Subdivision Regulations of the Town of Rhinebeck, the Planning Board shall, to the maximum extent practicable, ensure that heretofore undeveloped lands and designated buffer zones delineated within the WR-O District be maintained as perpetual open space so as to protect both surface and ground water resources from degradation by directing allowable new development onto other lands, if any, held by the applicant outside the WR-O District. The Town Zoning Board of Appeals shall treat any application for a variance from the provisions of the WR-O District regulations as a Use Variance.

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2. Water Resources Protection District Map. The WR-O District encompasses those areas subject to the more specific regulations set forth below based upon the presence of the captioned environmental resource. The WR-O District is shown on the Town of Rhinebeck Water Resources Overlay Map. The WR-O District consists of floodplains, stream corridors, lakes and ponds, freshwater wetlands and aquifers and aquifer recharge areas. The WR-O District map illustrates the approximate delineation of the boundaries of water resources based upon aerial photography and/or federal, state and county mapping. There is a margin of error inherent in such mapping. Thus, a detailed on the ground and historical analysis of a single site may result in the revision of the boundaries depicted on the Water Resources Overlay Map. Since the location of water resources across the land change over time, due to the perpetual erosion process, some adjustments in their boundaries are required from time to time. A landowner that disagrees with the inclusion of land in the WR-O District can present expert and credible evidence to the Town Board by a qualified professional based upon on-site investigation and mapping. Where such evidence shows, to the Town Board's satisfaction, that water resources on the property are not part of such floodplains, stream corridors, lakes and ponds, freshwater wetlands and aquifers and aquifer recharge areas, the regulations of this section shall not apply, provided an adjustment of the boundaries of the district shall be made on the official Town Zoning Map. The Town Board is responsible for verification of such evidence provided by a qualified professional and may rely upon the expert opinions of qualified professional consultants and/or field personnel of the New York State Department of Environmental Conservation, United States Army Corps of Engineers or other applicable agency. 3. Stream corridors. The protection of stream corridors is essential to the maintenance of water quality. It is therefore, deemed necessary for the Town of Rhinebeck to create an adequate buffer to protect those stream corridors from development encroachment, erosion and water quality degradation caused by either surface or subsurface runoff. As shown on the Water Resources Overlay (WR-O) Map, the regulated stream corridor shall consist of all lands lying within 100 feet of the normal streambank of the the Landsman Kill, the Rhinebeck Kill, the Mudderkill, the Fallsburg, the Crum Elbow Creek and any other perennial or intermittent watercourse or tributary to these named streams and within 1,000 feet of the Hudson River. Where these streams are split into two (2) or more channels by islands, the overall regulated area shall include such islands, and the boundaries of the regulated stream corridor shall be measured from the mean high watermark of the outer channels. The regulated stream corridor designation strictly limits activities within the designated area. There shall be no construction, filling, excavation, clearing of mature trees six (6) inches in diameter at breast height or greater, grading or other alteration of the natural landscape or application of fertilizers, pesticides or herbicides without the prior issuance of a Special Use Permit by the Planning Board. The application for such Special Use Permit shall be made in accordance with the requirements of Article V, Section F and Article VI of the Zoning Law. The Planning Board shall consult with the Town Conservation Advisory Council (CAC), Waterfront Advisory Committee (WAC) and other persons and agencies in review of the application and may issue the Special Use Permit upon a specific finding that the following criteria are met:

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a. Prohibition of the proposed use or activity, while desirable in terms of environmental objectives, would be unreasonable as applied to the particular parcel. b. The Planning Board has been able to define appropriate conditions for attachment to the Special Use Permit to reasonably ensure that the proposed use or activity will not result in erosion or stream pollution from surface or subsurface runoff. c. A twenty-five (25) foot wide natural buffer shall be maintained from the normal streambank for all activities except for those dependent upon the recreational use of the stream course or its employ as a source of water for emergency purposes. d. The impact of the proposed activity and reasonably anticipated similar activities within the WR-O have been determined to have no negative impact upon neighboring properties as regards to existing flood flows, flood storage, storm barriers and water quality. 4. Aquifers. It is in the overall public interest to preserve the quality and quantity of the Town’s groundwater resources to ensure a safe and adequate water supply for present and future generations. Accordingly, the Town of Rhinebeck seeks to protect groundwater resources currently in use and those aquifers having potential for future use as public water supply through delineation of the aquifer protection area on the Water Resources Overlay Map and the imposition of the regulations set forth herein. a. Within the aquifer protection area, the following uses and activities shall be specifically deemed to be prohibited uses and activities except as may be clearly incidental and accessory to a permitted agricultural, forestry or residential land use: i. The disposal, storage or treatment of toxic, hazardous and solid waste material or radioactive materials as defined by the United States Environmental Protection Agency or the New York Department of Environmental Conservation. This subsection is not to be construed as the maintenance of a composting pile accessory to a residence or other use.

ii. Outside storage of any materials which, in the opinion of the Code Enforcement Officer, could contaminate groundwater resources. iii. Gasoline stations. iv. Cemeteries. v. The cooking, distillation, processing and incineration of animal or vegetable products, including but not limited to brewery, distillery, slaughterhouse, fat renderings, soap manufacture, tannery, paper manufacture, wool-scouring and cleaning, cotton textile sizing, scouring, bleaching, dyeing and similar operations. vi. The production of corrosive and noxious chemicals, including but not limited to acids, acetylene gas, ammonia, chlorine and bleaching compounds. vii. The production, processing and outdoor storage of coal, coal tar, petroleum and asphalt products, including but not limited to coke manufacture illuminating gas production, petroleum refining, bulk gasoline and petroleum products storage, asphalt products, linoleum manufacture, oilcloth manufacture and roofing material manufacture.

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viii. Settling or collection areas for storm runoff water that is likely to have been contaminated with any of the materials or substances cited in above subparagraphs 1 through 7. The installation or use of stormwater runoff infiltration basins is prohibited unless surface water quality flowing into the infiltration basin is of sufficient quality that groundwater shall be protected. ix. The stockpiling or dumping of snow which has been transported to the restricted area is prohibited. x. Manure piles shall not be permitted unless provision has been made to prevent seepage into groundwater. Suitable storage facilities shall be required when it is not possible to spread or dispense of wastes on a daily basis. xi. Use of wastewater lagoons and pits for temporary storage of wastewater is prohibited. All storage facilities shall be water tight, located above ground, and under permit by the New York Department of Environmental Conservation. xii. All bulk storage of fertilizers for agricultural or commercial use must be within a building or structure which will prevent any seepage or runoff. xiii. Pesticide and Herbicide Use. No pesticides or herbicides shall be stored or applied except in compliance with this Section. All storage of pesticides and herbicides within the WRP-O District shall be within a building. Application of pesticides and herbicides within aquifer recharge areas or probable high yield bedrock wells, as identified on the Water Resources Overlay Protection map, shall be subject to issuance of a Special Use Permit as required by Article VI of this Zoning Law with the exception of commercial agricultural uses, which are exempted from this requirement. All such use, storage, or application shall be in accordance with the requirements of the New York State Environmental Conservation Law and its implementing regulations. xiv. Special risks are involved with underground storage tanks. These tanks are dangerous because, if they leak, potential contaminants are closer to the underlying groundwater. Underground storage tanks (particularly if they are single wall steel) may be susceptible to corrosion and leaks from such tanks and their fittings and pipes may go unnoticed for long periods because any leaks cannot be seen. Therefore, the installation, construction, placement, or replacement of new or existing underground storage tanks or containers of eleven hundred (1,100) gallons or less for petroleum products including their pipelines, or underground storage tanks, pipelines, or containers for any other toxic chemical is prohibited in connection with all uses including home fuel storage tanks for residential purposes. All above ground storage tanks of eleven hundred gallons (1,100) or less for petroleum products, pipelines, and transfer areas, shall to the maximum extent possible, be designed to minimize the risk of groundwater contamination by incorporating backup containment structures, impervious surfaces, catchment areas, and other features. The Town reserves the right to prohibit installation or expansion of above ground storage tanks of eleven hundred gallons (1,100) or less for petroleum products or installation or expansion of above ground storage tanks, pipelines, or containers for any other toxic chemical, where consistent with the purpose and standards of this Section. This subsection is intended to be consistent with the requirements of the New York State Petroleum Bulk Storage Code

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found in 6 NYCRR 612, 613, and 614 which regulates storage tanks holding 1,100 gallons or more. xv. The storage of salt is prohibited except in a completely enclosed building or structure, which will prevent any seepage or runoff containing such materials. xvi. All water supply wells shall be constructed in accordance with the requirements of the Dutchess County Department of Health. xvii.Any well that is abandoned, meaning that its use has been permanently discontinued or which is in a state of disrepair such that it cannot be used for its intended purpose or for observation purposes, shall be sealed in accordance with the requirements of the Dutchess County Department of Health. xviii.Closed loop geothermal wells shall use either non-contaminated water or a biodegradable fluid (such as food grade propylene glycol) as a heat transfer medium. Open loop geothermal wells shall be in compliance with the New York State DEC’s requirements governing injection wells and/or the United States EPA’s Class V well injection program requirements found in 40 CFR Part 146 – Underground Injection Control Program: Criteria and standards. b. All other uses and activities that are permitted in the applicable underlying zoning district shall be permitted in the aquifer protection area, provided that a Special Use Permit is issued by the Planning Board and the additional requirements set forth below are met: i. Any proposal to install an underground storage tank for any commodity shall be granted only in the event that above around installation is shown to be unreasonable, not feasible due to circumstances unique to the site, and the applicant obtains a permit from the Town Code Enforcement Officer, in addition to any other permit or compliance that may be applicable under New York State DEC or National Fire Protection Association requirements.

ii. All underground tanks shall be double-hulled steel or fiberglass encased in a concrete vault that includes access for periodic visual inspection. iii. Any application to, the issuance of a Special Use Permit or approval of a Site Plan for any multifamily residential, institutional, or commercial use within the aquifer protection area shall be accompanied by a detailed written statement fully describing the proposed use and operation and including certification by the project sponsor that none of the prohibited uses or activities set forth above will occur on the multifamily residential, institutional, or commercial premises. iv. The design and installation of on site sewage disposal systems for multifamily residential, institutional, or commercial use within the aquifer protection area must be certified by a licensed engineer that such disposal systems will not discharge sewage effluent or other pollutants entering the disposal system into the aquifer.

c. Each application submitted to the Town for the establishment of a use or the development
of land and/or buildings and structures within the aquifer protection area shall include identification of any necessary federal, state or county permits, copies of all such permit applications and copies of all related correspondence between the applicant and the permitting agency or agencies.

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5. Floodplains. Development with floodplain areas, as shown on the Water Resources Overlay Map, shall be subject to the requirements of Article V, Section G, Article VI, Section D(53), and Appendix B of this Zoning Law, the Town of Rhinebeck Flood Damage Prevention Local Law (Local Law No. 1 of 1987). 6. Wetlands. Development within wetland areas, as shown on the Water Resources Overlay Map, shall be subject to the requirements of the Freshwater Wetlands Law of the Town of Rhinebeck (Local Law No. ___ of 2008).

U. Preservation of Natural and Cultural Features: Design Standards
1. Intent. The Town of Rhinebeck finds that the natural open character of the community’s aesthetic resources are critical features whose conservation enriches and benefits both residents and visitors. Aesthetic resources include the Hudson River National Historic Landmark District, the Mid-Hudson Historic Shorelands Scenic District, Estates District Scenic Area of Statewide Significance, structures or sites listed on the State or National Registers of Historic Places, sites bordering designated State, County or Town Scenic Roads, “special features” identified in the Town’s Comprehensive Plan, lands within the Waterfront Revitalization Area, and any other significant feature of community importance identified in a Town planning document or as documented in the Town’s Comprehensive Plan. The Town, therefore, finds that protection of scenic character is important to maintaining rural character, a sense of place, and scenic landscapes, all of which contribute to the Town's quality of life and its attractiveness for residential and commercial development, as well as for tourism. The Town further finds that development that conforms to the Town Design Standards, referenced in Article VII, Section B (see Appendix A also) is appropriate, if such development is carefully planned to maintain, conserve, and enhance the scenic features of the area and the landscape views from public roads. Aesthetic resource conservation will also have the effect of protecting Rhinebeck’s significant wildlife habitats, biodiversity, watersheds, water quality, air quality and other environmentally fragile areas as well as preserving open space. 2. Purpose. The purpose of the Preservation of Natural and Cultural Features: Design Standards is to establish clear guidelines for future development and protection of the Town’s ridgelines, hilltops and aesthetic resources, which comprise some of the most scenic and environmentally sensitive areas of the Town. 3. Applicability. a. Land Subdivision, Special Use Permit, and Site Plan approval. The provisions of this Section shall apply to all applications for land use development including Subdivisions, Special Use Permits, Site Plan approval, zoning variances, and zoning amendments. Except as provided herein, no land shall be developed and no building or structure erected, expanded, or developed unless the board granting such approval finds that the development proposed will be consistent with the Design Standards herein. Such board

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shall impose reasonable conditions, which it deems necessary in order to make such a finding. b. Conflict. In case of any conflict between the provisions of this Section and other Sections of the Zoning Law, the Town Highway Specifications, or the Land Subdivision Regulations, this Section shall control. c. Approval conditions. Any condition of approval necessary to meet these regulations shall be clearly noted on the Final Plat or Site Plan filed with the Dutchess County Clerk and/or the Town Clerk. All deeds of property subject to the Design Standards shall contain references to the requirements of this section and shall be placed on the Subdivision Plat, Site Plan or other approval document as a condition of approval. 4. Preservation of Scenic Features. In any application subject to this Section, features that provide scenic importance should be preserved to the greatest extent possible. These features include but are not limited to individual healthy trees within open fields that are at least six inches (6”) in diameter at breast height (dbh), historic structures, hedgerows, public or private unpaved country roads, and stone walls. 5. Design Standards. All development identified in Article V, Section U(3)(a) shall comply with the design standards and principles provided herein in addition to the Design Standards identified in Article VII, Section B (see Appendix A). The intent of the design standards is to provide prospective applicants for land development with the types of development that the Town wishes to achieve. The requirements are also intended to ensure that future development creates no more than a minimal impact on the rural and scenic character as well as the visual and environmental sensitivity of the site and its affected surroundings, makes open space planning a central focus of future development, requires that new development follow traditional settlement patterns, and provides general siting principles to help landowners and the respective boards plan projects that fit into the scenic and rural countryside found in the Town. a. Placement of Structures. To ensure the placement of structures outside of any exposed ridgeline area on proposed building lots, building sites including areas of cleared vegetation, shall be clearly designated on the applicable Subdivision plat and/or Site Plan. Constructed structures shall not differ more than twenty (20) feet in any direction from building site locations, shown on approved Subdivision and/or site plans, at the time of Building Permit application. Wherever practical, structures shall be sited at the lowest elevation to be as visually inconspicuous as possible when seen from a distance and from lower elevations. Development should not occur along and/or project above ridgelines and hilltops when viewed from the locations identified in Article V, Section U(5)(b)(i) below. b. Mitigation of Impacts. All principal and accessory structures shall comply with the following measures, designed to mitigate the impact of the structure including clearing of vegetation and regrading, unless explicitly exempted elsewhere in this Section. i. Visibility. All structures should be sited to avoid occupying or obstructing public views of land from any location listed on the SEQR Visual Environmental Assessment Form

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Addendum (V-EAF) pursuant to 6 NYCRR 617.20 Appendix B. These locations are frequented by the public and offer unobstructed views of the Town’s ridgelines, hilltops, scenic landscapes and scenic roads. Visibility shall be measured using a condition of no leaves on trees. ii. Colors. Structures should blend in with natural surroundings through preferred use of stone and/or natural wood siding. Exterior finish materials on all facades should be limited to wood siding, and/or earth-based materials such as brick, stone, cement reinforced clapboard siding and/or stucco. Vinyl, plastic and metal siding are discouraged. Reflective materials and bright colors that contrast dramatically with the colors of the land and vegetation around them should not be used as predominate colors on any wall or roof surface. iii. Vegetation. Existing vegetation should be preserved to the maximum extent practical. Every attempt shall be made to limit cutting necessary for either construction or the opening of views from the subject site so as to maintain native vegetation as a screen for structures, as seen from public roads or parks or other public views. Clearing of existing vegetation at the edge of the road shall be minimized, except to open landscape views and as necessary to create road and driveway entrances with adequate sight distance. Curved driveways shall be used if feasible to increase the screening of buildings. Buildings shall be sited so that they do not protrude above treetops, ridgelines and hilltops as seen from public places and roads. This shall not be interpreted to mean that the buildings should not be seen, only that they should not protrude above the trees ridgelines or hilltops. iv. Forest Management. This section is not intended to limit forest management when practiced in accordance with environmentally sound and sustainable silvicultural principles. Forest management constitutes a beneficial and desirable use of the Town’s forest resources and makes vital contributions to the economy, environment and aesthetic features of Rhinebeck. The tradition of using Rhinebeck’s forest resources for the production of forest products and related commercial activities, for recreation, and for sustenance of the Town's wildlife is essential to a favorable quality of life. v. Landscaping. As a condition of approval, the area around each principal and accessory structure shall include at least one tree of a species with a mature height of at least 60feet for each 2,500 square feet of lot or parcel area, provided, however, that this requirement shall not require any single-family residential lot to contain more than eight trees unless growing naturally on the site. Trees installed to meet the requirements of this subsection are preferably to be of coniferous species, shall be a minimum of six (6) feet tall when planted, and shall be planted before a certificate of occupancy is issued for the principal structure, or if that is not possible due to planting season or weather conditions, then within one month of the planting season for the species. Landscaping survivability shall be assured for a period of three years from the date of planting as specified in Article V, Section W. Existing trees that meet the height requirements are counted towards satisfaction of the tree requirements, regardless of whether they are coniferous or deciduous. Concurrently with the review and approval process, the applicant submitting such plan may request approval of a landscape plan in which the vegetation requirements for

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Supplementary Regulations
certain lots or tracts may be increased, decreased or deleted, to reflect the degree of visibility of structures located in various portions of the Subdivision or site. Additionally, such applicant may request alternative placement of landscaping on certain lots and tracts if such placement provides adequate mitigation of the visual impact of the roofline of the principal structure. Landscaping required by this section shall be credited against the landscaping requirements imposed by any other section of the Zoning Law. vi. Tree cutting. All timber harvesting shall comply with the most recent versions of Timber Harvesting Guidelines for New York and Best Management Practices, as promulgated by the New York State Department of Environmental Conservation (DEC) and available from the Town’s Building Department. There may be situations where strict adherence to certain provisions of the Timber Harvesting Guidelines for New York and Best Management Practices are impossible or impractical to attain. Alternate measures exist that can be substituted for such guidelines in appropriate circumstances. In such cases, the Planning Board with the assistance of a consulting professional forester, may grant a waiver from the strict application of the guidelines where reasonable and necessary. (a) Selective timber harvests, as defined herein, are allowed in all Districts that permit Forestry as specified in the District Schedule of Use Regulations. Selective timber harvests in excess of one-quarter (") acre are allowed by permit from the Zoning Enforcement Officer. (b) Clear-cutting of all trees in a single contiguous area, as defined herein, shall be prohibited except for Major excavation and tree clearing that has been granted a Special Use Permit in accordance with Article VI, Section D(40). This subsection (U)(5)(b)(vi)(b) shall not apply to: (i) Christmas tree culture or other existing tree plantation; (ii) Harvests conducted in accordance with a timber harvesting plan prepared pursuant to Section 480-a of the New York State Real Property Tax Law or the Forest Stewardship Program of the New York State Department of Environmental Conservation and US Forest Service, or a Forest Certification Program such as the Sustainable Forestry Initiative (SFI), Forest Stewardship Council (FSC) and the American Tree Farm Program; (iii) Tree clearing for farm purposes within Agricultural District 20 established pursuant to New York State Agriculture and Markets Law; (iv) Severe natural disturbances, which include fire, insect infestation, disease, ice and wind; (v) Ecologically appropriate improvement or creation of wildlife habitat, with accompanying prescription and justification from a certified wildlife professional, a New York State Department of Environmental Conservation Forester, a member of the New York Institute of Consulting Foresters, or a Cooperating Consultant Forester. vii. View preservation. A conservation easement, pursuant to Section 247 of New York State General Municipal Law and Sections 49-0301 through 49-0311 of the

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Supplementary Regulations
New York State Environmental Conservation Law, is the preferred means to protect or buffer views. Other legal instruments, such as deed restrictions acceptable to the Planning Board and Town Attorney, may be used to protect or buffer views. viii. Lighting and Other Utilities. Exterior lighting shall be controlled in both height and intensity and shall be in conformance with the requirements established herein. Under no circumstances shall the light level at any lot line exceed 0.25 foot-candles, measured at ground level. All electric, telephone, television, and other communication lines, both main and service connections, servicing new development, shall be provided by underground wiring within easements of dedicated public rights-of-way, private roads, or common driveways, installed in accordance with the prevailing standards and practices of the utility or other companies providing such services. ix. Prevention of soil erosion. No Site Plan or Subdivision Plat shall be approved unless it includes soil erosion and sediment control measures, prepared in accordance with the Town of Rhinebeck Stormwater Management requirements found in Article V Section Z herein. Landowners shall bear full responsibility for the installation, construction, and maintenance of all erosion control measures required as a condition of approval. 6. Referral. The Town of Rhinebeck contains significant wildlife habitats and areas important for biodiversity including areas frequented by endangered, threatened, special concern and other species of conservation concern. Reference is made herein to the report entitled Significant Habitats in the Town of Rhinebeck, Dutchess County, New York (dated July 2007), the Open Space and Affordable Housing Plan and Habitat Assessment Guidelines as outlined in Article V, Section Y herein for guidance in determining significance of habitats and biodiversity. No Site Plan or Subdivision Plat shall be approved unless it includes an assessment of significant habitats as identified in such documents. To receive assistance in its SEQR review of applications, the applicable board may consult with the Town Conservation Advisory Council, the New York State Department of Environmental Conservation, the New York Natural Heritage Program, and/or a private consulting biologist/ecologist for review and recommendation. To receive further assistance, such reviewing board may refer the proposed plans to any such agencies or officials of the Town, county, state, or federal government as the board may deem appropriate. 7. Waivers. The applicable reviewing board may waive some or all of the regulatory requirements of this Section under any of the following circumstances: a. The building, structure or area is situated so that it does not create an unmitigated visual impact, when viewed from visually sensitive areas including public view locations identified in the Visual EAF Addendum, scenic roads, scenic areas and districts or important views identified in the Town of Rhinebeck Comprehensive Plan; b. The reviewing board finds that the work to be done is of a minor nature and is consistent with the design standards set forth herein. c. The use involves commercial agricultural operations.

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Article V.64

Supplementary Regulations V. Lighting Regulations 1. Intent and Purpose.
The intent and purpose of this Section is to provide standards for outdoor lighting to maintain and protect the scenic and aesthetic character of the Town, to encourage conservation of energy and non-renewable resources while providing safety, utility and security; to minimize glare; to protect the privacy of residences; to reduce atmospheric light pollution in the rural Town; to ensure that development fits into its natural and rural surroundings rather than being superimposed as a dominant element in the countryside; to avoid impacts on nearby residential properties; and to enhance the Town’s night-time ambience and rural and historic character. These regulations apply in all Zoning and Lighting Districts in the Town and are designed to be compatible with the Town of Rhinebeck Design Standards (see Appendix A).

2. Definitions.
There are terms used in this Section of the Zoning Law that are applicable principally if not exclusively within this Section alone. The terms used in this Section or in documents prepared or reviewed under this Section of the Zoning Law shall have the meaning as set forth in Article XIII, Section F.

3. Applicability and Submission of Plans.
An application for any work involving outdoor lighting fixtures that requires Subdivision, Special Use Permit and/or Site Plan approval or involves a Lighting District established pursuant to Article 12 of Town Law, shall submit, as part of the application, evidence that the proposed work shall comply with the standards of this Section. Special regulations govern lighting of signage. Reference is made herein to Article V Section C, Sign Regulations for additional requirements. The submission shall contain the following: a. Plans indicating the location, height, orientation, type of illuminating device, and wattage of each outdoor lighting fixture; b. Location and use of adjacent properties; c. Nearby properties that may be affected by the proposed lighting plan; d. Description of the illuminating fixtures, lamps, supports, reflectors, and other devices, including, but not limited to, catalog cut sheets by manufacturers and drawings (including sections where required), glare reduction/control devices, on-off cycle control devices, and mounting devices; e. Photometric data showing an isolux/isofootcandle plot or lux/footcandle grid that demonstrates intensities and uniformity of light emissions; f. Statement of the proposed hours and days of the week when the luminaries will be on and when they will be extinguished;

g. Additional information that the Planning Board or Code Enforcement Officer determines is necessary.

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Supplementary Regulations 4. Lamp or Fixture Substitution.
Should any outdoor lighting fixture or the type of light source therein be changed after the approval has been issued, a change request shall be submitted to the Planning Board for revised approval. The Planning Board shall review the change request to assure compliance with this section.

5. Approved Materials and Methods of Construction or Installation/Operation.
The provisions of this Section are not intended to prevent the use of any design, material, or methods of installation or operation not specifically prescribed by this Section, provided any such alternate has been approved by the Planning Board. The Planning Board may approve such proposed alternative provided it: a. Offers at least approximate equivalence to the applicable specific requirements of this Section; and b. Is otherwise satisfactory and complies with the purposes of this Section.

6. General Requirements: All Zoning Districts.
a. General Standards. All outdoor lights and illuminated signs shall be designed, located, installed, and directed in such manner as to prevent objectionable light at and across the property lines, and to prevent direct glare at any location on or off the property. The lighting levels for outdoor lighting shall be as described in Article V, Section V(6)(o). The Town encourages, and in some cases requires, that the minimum lighting levels be used to attain efficient and effective use of outdoor lighting. The latest recommended levels for outdoor lighting set by the Illuminating Engineering Society of North America (IES) shall be observed. b. Nonconforming Outdoor Lighting. All outdoor lighting fixtures already installed prior to June 12, 1989 shall be brought into compliance with the provisions of this Section within five (5) years from the effective date of this Zoning Law. No replacement or installation of new luminaires shall be permitted unless in conformance with this Section. Nonconforming outdoor lighting that is the subject of Subdivision, Special Use Permit and/or Site Plan applications, Certificates of Occupancy, No-violation Letters, or other permit, approval, entitlement, or authorization from the Town of Rhinebeck shall be subject to all of the terms and conditions of this section. c. Prohibitions. The following forms of lighting are prohibited:

i. Uplighting is prohibited, with the exception of flags, as defined herein. The Town of
Rhinebeck encourages the lowering of flags at sunset so that nighttime illumination of flags is unnecessary. Externally lit signs, displays, buildings, structures, streets, parking areas, recreational areas, landscaping, and other objects lit for aesthetic or similar purposes shall be lit from the top and shine downward.

ii. Roof mounted area lighting. iii. Laser lighting for outdoor advertising or entertainment. iv. The use of, and the operation of searchlights for advertising purposes. v. The use of mercury vapor lamps, which cast a very bright, unattractive light. July 2008 Draft Article V.66

Supplementary Regulations vi. Unshielded wallpack type fixtures. vii. Neon roping or trimming.
d. Exemptions. The following forms of lighting are exempted from the requirements of the Lighting Regulations:

i. Temporary circus, fair, carnival, religious, historic, or civic use. ii. Construction or emergency lighting, provided such lighting is temporary and is
discontinued immediately upon completion of the construction work or abatement of the emergency necessitating such lighting.

iii. Temporary holiday lighting for no more than two months per year. iv. Lighting that is considered a landscape design element and is integral to the aesthetic
value of the design, as determined by the Planning Board. e. Shielding. All outdoor fixtures, with the exception of those using lamps not requiring shielding cited in Table 1 below, shall be fully-shielded using full cutoff light fixtures and installed in such a way that no light is emitted above a horizontal plane running through the lowest part of the fixture. For example, a 100 watt incandescent bulb has a light output of 1690 lumens while a 26 watt compact fluorescent bulb has a light output of 1800 lumens. The lighting shall also be shielded to prevent direct glare and/or light trespass, and shall be, as much as physically practical, contained to the target area. All light fixtures that are required to be fully shielded shall be installed and maintained so that the shielding is effective as described in the definition of a fully shielded fixture in this Section. Floodlighting is discouraged, and if used, must be shielded to prevent: direct glare for drivers and pedestrians; light trespass beyond the property line; and light above a horizontal plane.

Table 1: Shielding Requirements Fixture Lamp Type High Pressure Sodium, Low Pressure Sodium, Fluorescent, and Incandescent of 2000 lumens or more Any light source of less than 2000 lumens Other sources Shielded FULLY NONE As approved by the Planning Board

f.

Light Trespass. Light trespass from a property shall be designed not to exceed 0.25 footcandles at the property line. Adjacent to residential property, no direct light source shall be visible at the property line at ground level or above. Mitigation to avoid or minimize light trespass may include landscaping and berming.

g. Height. Unless specified elsewhere herein, the maximum allowable height of a freestanding luminaire shall be fifteen (15) feet above the average finished grade. The maximum allowable height of a building or structure-mounted luminaire shall be 15 feet.

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Supplementary Regulations
h. Spacing. The space between fixtures should be approximately four times the height or as determined by the Planning Board. i. Time Controls. All non-essential lighting shall be turned off after business hours, leaving only the necessary lighting for site security, which shall be reduced to the minimum level necessary. “Non-essential” can apply to: display, aesthetic, parking and sign lighting. Motion-sensor security lighting may be used to promote safety and reduce the amount of night lighting in the Town, as determined by the Planning Board Electrical Feeds. To improve the aesthetics of the area, electrical feeds to lighting fixtures and standards shall be run underground, not overhead.

j.

k. Gas Stations. Island canopy ceiling fixtures shall be recessed into the canopy ceiling so that the bottom of the fixture is flush with the ceiling l. Recreational Facilities, Public or Private. Lighting for sports fields, tennis courts and similar outdoor recreational facilities may be permitted to exceed the 15-foot height maximum. Lighting for parking, walkways and buildings at recreational facilities shall comply with all other requirements of this Section. Lighting for sports fields, tennis courts, golf courses, gun clubs and similar outdoor recreational facilities shall only be allowed by Special Permit provided that the following special conditions, in addition to the general conditions found in Article VI, are met:

i. The proposed pole height is required to illuminate the center of the field while
avoiding direct glare on adjacent properties;

ii. Surrounding vegetation or topography will substantially screen views of the lighting
standards from adjacent properties;

iii. The fixtures will be fully shielded to prevent light spillage on adjacent properties and to
prevent sky glow;

iv. The proposed lighting levels conform to the recommendations of the Illuminating
Engineering Society of North America, Greenway Connections and/or International Dark Sky Association for playing fields;

v. Adjacent municipalities shall be contacted for their input on the proposed recreational
lighting, when applicable. m. Indoor Light Sources. Indoor light sources, that are visible in outdoor locations, shall be subject to Planning Board approval. n. Street Lights. Street lights shall be provided in the TND and Village Gateway districts and in other locations as determined necessary by the Planning Board, in accordance with the following standards:

i. Street lighting shall comply with Article V, Section V(16). ii. Street lighting shall not exceed 12 feet in height. iii. Street lighting shall be provided on one or both sides of all streets at intervals no greater than 75 feet on center and at intersections.

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Supplementary Regulations iv. Lighting posts and fixtures for streetlights shall be of consistent architectural style. v. Street lighting shall be located between the street curb or pavement and the sidewalk. vi. Existing street lighting, including municipal lighting, shall be brought into conformance with the provisions of this Section when fixture or light source replacements are made or when funding becomes available to undertake a comprehensive lighting replacement program.
o. Illuminance and Uniformity. Parking lots shall have an average lighting level at or below one (1) footcandle. High security areas shall have lighting levels of no more than 5 footcandles and 2 to 5 footcandles is the recommended range. Lighting levels greater than five (5) footcandles is generally a waste of energy and a source of glare and atmospheric light pollution. Design should establish a hierarchy of lighting to assure a smooth transition from bright areas to those with subdued lighting. Light levels shall be maintained at design levels with lamp or luminaire replacement as needed. Unless accessory to a Bank, all ATM banking machines shall be installed indoors so that the New York State ATM Safety Act design requirements shall not be applicable. The Planning Board remains responsible for ensuring that outdoor ATM banking machines accessory to a Bank do not cause glare or other unwanted light spillage affecting residential areas and uses. p. Recommended Outdoor Lighting Types. Table 2 presents recommended outdoor lighting types. For better color quality, system designs that use a few incandescent, LED or fluorescent fixtures with sodium fixtures is recommended in pedestrian and commercial areas.

Table 2
Recommended Uses

Lighting Type

Color

Comments

Incandescent

Infrequently used Most common but most Full spectrum, white lighting, occupant energy inefficient of light sensor activated common lamp types lighting Residential lighting, walkways, building entrances Excellent color rendition, energy efficient, and inexpensive

Fluorescent

Clear white light

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Supplementary Regulations Table 2
Recommended only where light distribution Sports fields, is valued more than Yellowish cast parking, appearance; can roadways negatively affect vegetation One of the most energy Roadways, efficient but walkways, Monochromatic recommended only parking, security where color rendering lighting is not important The emerging technology for LED Area, lighting is eventually Variable, especially architectural, expected to eclipse when digitally walkway, traditional lighting due controlled landscaping & to long life, broad flood lighting, application and highest energy efficiency

High Pressure Sodium

Low Pressure Sodium

Light-emitting Diodes (LED)

q. Enforcement and Inspections. The Town of Rhinebeck Code Enforcement Officer is responsible for conducting post-installation nighttime inspection to verify compliance with the provisions of this Section and, if appropriate, to require remedial action. r. s. Maintenance. Lighting fixtures shall be maintained so that they always meet the requirements of this Section. Nonconforming Outdoor Lighting. No replacement or installation of new lighting fixtures shall be permitted unless in conformance with this Section. Non-conforming outdoor lighting that is the subject of Subdivision, Special Use Permit and/or Site Plan applications, or other permit, approval, entitlement, or authorization from the Town of Rhinebeck shall be subject to all of the terms and conditions of this Section.

W. Landscaping Standards
1. Intent and Purpose. The Town of Rhinebeck finds that landscaping provides many unique services and values to the community. Landscaping softens the edges of buildings, screens undesirable places, makes large buildings appear smaller and more human scale, helps maintain biodiversity, and can create places for social gathering. Vegetation recycles the air and water, absorbs pollution and sequesters carbon, buffers noise, and provides shade, air-cooling and windbreak protection. This also helps control flooding and erosion of topsoil, and provides habitat for birds and other wildlife species. Good landscaping buffers incompatible uses, enhances property values and beautifies the community.

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Supplementary Regulations
Existing vegetation should be preserved as much as possible by minimizing clearing and grading in new developments. Removal of existing vegetation alters the appearance of the landscape, which takes years to recreate through replacement plantings. Existing mature vegetation provides numerous environmental benefits such as providing shade, reducing soil erosion, absorbing stormwater runoff, and protecting wildlife habitats. Preserving existing vegetation also helps to screen new development. Mature trees in particular make an important contribution to the character of the community. Studies have shown that a parcel of land with trees is worth more to buyers than a similar lot that has no trees. These benefits are lost when existing vegetation is removed and merely replaced with small trees. New development should be generously landscaped to provide visual interest in all four seasons by including deciduous trees, conifers, perennials and bulbs. Landscape plans that are limited to deciduous trees and shrubs leave a barren winter landscape that fails to screen new development from the roadway and from neighboring properties. The landscaping of a site should blend in with the prevailing scale, appearance and neighboring uses, or should effectively screen the development from its neighbors. 2. Landscaping and screening. The Planning Board is responsible for determining the adequacy of landscaping during the review of Site Plans, Special Permit Uses and Subdivisions. The general landscaping of a site shall be in character with that generally prevailing in the community. All parking and service areas shall be screened at all seasons of the year from the view of adjacent residential lots and roads. Existing trees six (6) inches or more in diameter at breast height (dbh), or trees of lesser diameter but determined by the Planning Board to be locally important, shall be preserved to the maximum extent practical. Locally important trees include, but are not limited to, rare or unusual species, trees associated with historic events or persons, or trees that contribute to an identified scenic viewshed. Roadside plantings shall be in conformance with the standards found herein and/or with the Scenic Roads Handbook (see Appendix ___ of the Town’s Comprehensive Plan), which is referenced herein. 3. Plan Submission Requirements. Information that shall be shown on proposed Site Plans, and if required, Subdivision Plans shall include the location and boundaries of all existing natural land features on the property including rock outcrops, isolated trees six (6) inches or more in diameter at breast height (dbh) and all trees over sixteen (16) inches in dbh (whether isolated or in a forested area), existing vegetative and forest cover, mapped significant habitat areas, orchards, hedgerows and/or other ornamental landscaping, street trees, stone walls, soil types and boundaries, active farmlands and prime agricultural soils, visually prominent agricultural landscape features such as fields, pastures, and meadows on knolls and hilltops, woodlands along roadways, property lines, and streams, scenic vistas, steep slopes in excess of 15 percent, and water features. Water features include the Hudson River, ponds, lakes, wetlands, streams and other watercourses, aquifers, aquifer recharge areas, flood plains, and drainage retention/detention areas. Additional plan submission requirements include the following: a. Plan submission requirements shall include the location, design and construction materials of all off-street parking areas (open and enclosed, if any), including the number of parking

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Supplementary Regulations
spaces required and to be provided. The Planning Board shall encourage and, where appropriate, require the provision of pervious parking areas in accordance with Article V, Sections B and Z herein, or through parking reserve areas which may not be constructed until and unless demand is evident. b. The location, design and construction materials of all present and proposed walkways, bicycle paths and racks, benches, ramps, retaining and/or landscaping walls and fences. Connections shall be provided to adjoining parcels for future pedestrian and bicycle access. c. A landscape plan showing all proposed changes to existing natural land features including size and type of plant material, and the number, size, types and locations of all trees, shrubs and ground covers to be added. A planting schedule and a landscape maintenance plan shall be included. Trees to be saved shall be noted on Site Plans and, if required, Subdivision Plans and appropriate measures shall be outlined to protect the tree stock from damage during construction. Open space and recreational areas shall be identified. The location and proposed development of all buffer areas between the proposed site and adjacent properties, including existing vegetative cover and that portion that will be preserved or enhanced, shall be also indicated. The applicant’s Site Plans and, if required, Subdivision Plans shall show all plant materials and non-plant materials, such as those described herein, to be installed on the site in order to meet the landscape requirement. The landscape plan shall also include an analysis of how the site is to be prepared for plant material installation with an emphasis on soil quality and available depth. All parking, storage, waste, and service areas shall be reasonably screened at all seasons of the year from the view of adjacent residential lots and streets and the general landscaping of the site shall be in character with that generally prevailing in the community. Existing trees to be preserved shall be protected during construction. Designated existing trees to be preserved shall be identified as to caliper and species and located on the landscape plan. Parking lot landscaping shall comply with Article V, Section W(4) in addition to the requirements of this section. Where conflicts exist, the more restrictive provisions apply. Agriculture and forestry are generally exempt from the landscaping requirements of this Chapter, except as specifically identified herein. i. In all zoning districts allowing non-residential uses, and in the case of all nonresidential uses in residential zoning districts, a landscaped strip shall be provided on the property adjacent to the right-of-way. Where parking lots are immediately adjacent to the public right-of-way, the provisions of Article V Section W(5) apply. The landscaped strip may not include any paved area except pedestrian sidewalks or trails which cross the landscaped strip. Any of the following landscaped strip treatments may be used singly or in combination: (a) Provide a minimum 20 foot wide landscaped strip to be planted with a minimum one (1) shade or evergreen tree and 10 shrubs per 35 linear feet of frontage, excluding driveway openings. Trees shall be appropriately sized for their mature height in cases involving landscaping under above ground utilities such as electric, telephone and cable. (b) Maintain existing mature woodlands.

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(c) Where the plantings required in [a] or [b] above would result in an inappropriate or impractical design due to the presence of underground utilities, overhead wires, or other factors that limit the mature height of a tree, the following will apply: two (2) ornamental trees may be substituted for one (1) shade tree; two (2) evergreen trees may be substituted for one (1) shade tree; one (1) evergreen tree may be substituted for five (5) shrubs as determined appropriate by the Planning Board. ii. Site plans shall specify the location, type, and size of major existing plant materials, including trees, with information and justification as to which such materials shall be removed and which shall be retained or relocated. Such plans shall also specify the location, size, type, quantity, and spacing of all proposed plantings and other landscape materials, including irrigation systems. iii. Landscaping shall be installed with adequate precautions to ensure survival, as shown on the approved landscape plan, prior to issuance of a Certificate of Occupancy for the building or use. (a) Landowners shall be responsible for proper maintenance and care of all landscape treatments approved by the Planning Board. The Town’s Code Enforcement Officer is authorized to inspect periodically all landscape treatments, including screening, as approved by the Planning Board or to investigate complaints made by any official or private citizen concerning the maintenance of such landscape treatments. If completion of required landscape work is not practical due to seasonal or weather conditions, the applicant shall submit assurances to the Planning Board and Town Attorney for the completion of landscaping. The acceptable assurance guaranteeing the completion of landscaping shall be an irrevocable letter of credit, certified check, performance bond, or other acceptable assurance, equal to the cost of the landscaping work accompanied by written assurance that such landscaping shall be completed in accordance with an approved Site Plan and, if required, Subdivision Plan within a specified period of time not exceeding six (6) months from the date of occupancy. (b) A three (3) year maintenance bond shall be provided to ensure successful planting. After that, required landscaping shall be maintained in a healthy, growing condition at all times.

4. General Design Standards
a. Landscaping should dominate the Site Plan and integrate the various elements of site design, preserving and enhancing the particular identity of the site, and creating a pleasing site character. b. Landscape plantings of shrubs, ground cover, and shade and evergreen trees, as well as perennials and annuals and other materials such as rocks, water, walls, fences, paving materials and street furniture, shall be encouraged to create pedestrian scale spaces and to maintain a landscape continuity within the community as determined by the Planning Board. All landscaping within the site shall be designed to facilitate conservation of the environment and preservation of community aesthetic character. This shall be accomplished through the inclusion of native plant material and the retention of existing natural vegetation, thereby reducing or eliminating the need for irrigation, pesticides,

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Supplementary Regulations
herbicides, and fertilizers. Sculpture and art may be integrated into the landscape plan as approved by the Planning Board. c. The preservation of mature plant species, hedgerows, wetlands and woodlots shall be encouraged and included as a design element in the development of the site. d. Existing isolated tree stock six (6) or more inches in diameter at breast height, all trees sixteen (16) or more inches in diameter at breast height and all locally important trees shall be protected and preserved to the maximum extent practical to retain valuable community natural resources and promote energy conservation by maximizing the cooling and shading effects of trees. Define a tree’s drip line to avoid any disturbance near the tree’s root system. e. Landscaping shall be used to create boundaries and transitions between areas of differing development intensities, as well as to separate areas of incompatible land uses. A buffer zone thickly planted with native and/or non-native and non-invasive trees and shrubs of sufficient width to screen a non-residential use from a neighboring residential use shall be required. A buffer zone as determined by the Planning Board shall be provided on the subject parcel of any residential development occurring adjacent to a farm. The Planning Board may require landscaping between businesses. f. Open space shall be designed as an integral part of the overall site design and shall be appropriately maintained. Landscaping between clusters of housing and clusters of businesses should be considered.

g. Parking facilities shall be landscaped and screened from public view, to the extent necessary to eliminate the unsightliness of parked cars, and shall comply with the requirements of Article V Section W(5). h. Solid waste facilities and containers, outdoor service areas, and loading docks shall be screened around their perimeter from the street and from other adjacent residential areas through the addition of conifer plantings or architectural elements. Outdoor storage of waste materials shall be prohibited. i. Design landscaping to maximize energy conservation. Plant deciduous trees to shade southern and southwestern exposures during the summer, and plant evergreens on northerly and northwesterly exposures to help break cold, northerly winds in the winter. Berms, if used, shall emulate natural landforms of local terrain, and should be as wide as the mature branch spread of the tree species planted on them.

j.

k. Deciduous trees shall have a minimum caliper of three inches (3”). Evergreens shall have a minimum height of eight feet (8’) at time of planting. Small flowering trees shall have a minimum caliper of two inches (2”) at time of planting. l. Establish open space on the site so it is connected to surrounding natural areas or existing landscaping patterns on adjacent properties. The open space system shall include the potential for future greenways and trails if appropriate and for protection of important natural areas.

m. Use existing woodlands by preserving as much as possible along the perimeter of the lot. Provide additional evergreen shrubs if needed.

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Supplementary Regulations
5. Parking Lot Landscape Standards. Parking lot landscaping is in addition to all other landscaping requirements of the Zoning Law. In parking lots of one-half (!) acre or more, at least twenty percent (20 %) of the area between the inside perimeter of the parking surface of the parking area shall be landscaped and maintained with trees, shrubs and other plant materials, as determined necessary by the Planning Board. Natural landscaping can count as part of the twenty percent (20 %) requirement. In all parking lots providing eight or more off-street parking spaces, a minimum of one canopy tree having a caliper of at least three inches (3”) and 10 shrubs shall be planted for each eight (8) parking spaces and any additional portion thereof, said tree(s) to be planted in median dividers wide enough to fit mature trees, landscape islands or such other locations as may be determined by the Planning Board to relieve the monotonous expanse of asphalt and provide shade for parked vehicles. The following principles of off-street parking lot design shall be considered in developing a landscape plan. It is recognized that each site is different due to topography, the presence of surface water resources, and other factors such as snow removal. Therefore, while the use of all principals is encouraged in parking lot design, each may not be attainable on every site. The determination of which principle to apply rests with the Planning Board.

This proposal provides more parking spaces than are required and, without landscaping the interior, creates the effect of a “sea of asphalt.”

Reducing the amount of parking and Breaking up the parking into two “groves” providing additional landscaping around the further mitigates the visual impact of the perimeter and within the lot creates a safer lot. and more attractive environment.

a. Use of native species is highly encouraged since such species are tolerant of the Hudson Valley’s climate, generally disease resistant, do not create unusual maintenance problems, and are readily available from local nurseries. Use a variety of tree species to provide visual interest, to protect against same species die-out or disease, and be tolerant of road salt. Large leafed and/or fruiting trees should be avoided. b. To reduce the visual impact of the parking lot, provide a twenty (20) foot wide landscape strip around the perimeter of the lot, to be planted with a mix of shade trees, evergreen trees and shrubs. Provide a minimum of one tree for every 35 feet of lot perimeter but not necessarily at 35 feet on-center. In the judgment of the Planning Board, additional trees and sufficient shrubs may be necessary to effectively shade/screen the parking lot.

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c. Break up the blacktop and reduce stormwater runoff by using bricks, pavers, or textured surfaces for crosswalks. For uses subject to seasonal fluctuations, establish overflow parking using pervious surfaces such as cellular concrete blocks where the interstices of the blocks are filled with earth and planted with grass. The Planning Board remains responsible for determination of the adequacy of parking supply demand. d. Divide the rows of parking with planting strips and trees, averaging a tree every six (6) to ten (10) spaces. Planting strips should be a minimum of eight (8) feet in width. e. Provide diamond shaped tree islands six (6) feet wide for every four (4) to six (6) parking stalls. f. Reduce visual impacts by breaking up large parking lots into smaller parking areas with a significant number of shade and evergreen trees and surrounded by hedges, stone walls or attractive fencing. Avoid more than 10 parking spaces in a continuous row and more than 60 spaces in any single parking area defined by landscaping.

g. Use water gardens for stormwater management compliance retention basins, as specified in Article V, Section Z of this Zoning Law. h. Create large planting islands (over 500 square feet) to be located throughout the lot and planted with shade and evergreen trees, low shrubs, and/or ground cover. These should preferably be located at the ends of parking rows provided they do not interfere with safety sight distances. i. j. Provide planting islands between every 10 spaces to avoid long rows of parked cars. Each of these planting islands should provide at least one shade tree. Landscaping should be used to delineate vehicular and pedestrian patterns. Clear and legible signs, different color and texture paving materials, raised or inverted areas, and other techniques should be used to further direct the flow of both vehicular and pedestrian traffic within the lot.

k. Use existing woodlands, if located on the site, by preserving as much as possible along the perimeter of the lot. Provide additional evergreen shrubs if needed. l. Lighting should compliment the landscaping and architectural features on the site, should be distinctive and human-scale, and should avoid excessive glare or wasted light. See Article V Section V for lighting standards. i. Separate pedestrian walkways should be provided, where needed, to allow safe movement within the lots and to and from adjoining properties. These facilities should generally be oriented perpendicular to and between parking bays. Adjacent to the walks, trees should be planted. Coordinate pedestrian walkways with access for public transit if available or planned. The following walkway guidelines also apply: (a) One walkway can serve as a collector for up to four bays of parked cars. (b) The walkway should be four feet wide or wider if necessary for handicapped accessibility, allowing an additional 30 inches on each side for overhanging of automobiles.

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(c) All walkways should be raised to a standard sidewalk height and should be constructed of different paving material than the parking lot. (d) Provide pedestrian amenities such as benches, shade, human scale lighting, and bicycle racks. m. Provide bicycle amenities such as racks. Bicycle parking spaces and racks shall be provided in an area that does not conflict with vehicular traffic. n. Appropriate areas for snow storage shall be integrated into the landscape and stormwater management plans. o. All plant material used to landscape parking lots is to be maintained at all times in a living and growing condition. Assurance shall be in accordance with the landscape requirements found in Article V, Section W(3)(c)(iii)(b) of this Zoning Law. p. Parking facilities shall be designed with regard for orderly management, topography, landscaping, ease of access, and shall be developed as an integral part of an overall site design. q. Parking spaces shall have wheel stops or curbs to prevent injury to pedestrians as well as trees and shrubs planted in landscaped islands, unless the stormwater management plan recommends no curbs, with the determination to be made by the Planning Board. r. s. Designated van/car pool parking, and other facilities for transportation alternatives to single occupancy vehicle use shall be provided wherever practical. All above-ground loading facilities shall be oriented to preserve auditory privacy between adjacent buildings, and shall be screened from public view to the extent necessary to eliminate unsightliness.

6. Joint parking facilities. Required parking spaces, open or enclosed, may be provided in spaces designed to serve jointly two or more establishments whether or not located on the same lot, provided that the number of required spaces in such joint facilities shall not be less than the total required for all such establishments unless allowed by Article V, Section C of the Zoning Law. 7. Screening from residential uses. a. Whenever a parking lot of five (5) spaces or more abuts the side or rear lot line of a lot in a residential district, or any land in residential use, said parking lot shall be effectively screened from such adjoining lot by a substantial wall, fence, or berm, or a thick evergreen hedge, with a height of not less than six (6) feet at the time of planting. In order to break the visual monotony of a wall when walls are used, at least one shrub or vine shall be planted abutting the wall within each 10 feet but not necessarily evenly spaced 10 feet apart. In lieu of the vine or shrub requirement, the Planning Board may approve a wall having a significant design variation spaced at intervals of not more than 20 feet. b. Whenever a parking lot is located across the street from land in any residential district, or any land in residential use, it shall be screened from the view of such land by a thick hedge located along a line drawn parallel to the street and a distance of five feet therefrom, such

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hedge to be interrupted only at points of ingress and egress. The open area between such hedge and the street shall be landscaped in harmony with the landscaping prevailing on neighboring properties fronting on the same road. c. Identification and directional signs located on the road side of such screening shall not exceed an area of two (2) square feet each, shall be limited to such number as are essential for the particular use and shall comply with Article V, Section C of the Zoning Law. 8. Street Trees. Trees planted along Rhinebeck’s roads and streets are perhaps the single most effective physical addition to make them more welcoming and more suitable for pedestrians and bicyclists. Street trees provide shade, and they have the added benefit of helping to slow traffic by narrowing the field of vision. Street trees should be selected based upon their salt tolerance and should be placed close to the road and to each other to create a park-like canopy. They should be located between the sidewalk (if applicable) and road to form a protective row that makes pedestrians feel safely separated from traffic. The following principles shall be considered in designing the placement of street trees. It is recognized that each road is different due to topography, the presence of surface water resources, utility line placements, and other factors such as snow removal. Therefore, while the use of all principles is encouraged, each may not be attainable on every road. The determination of which principle to apply rests with the Planning Board. a. Street trees should be planted for all developments that are subject to Subdivision or Site Plan review. b. Provide street trees along each side of all streets, public or private, existing or proposed, but not including alleys. In locations where healthy and mature shade trees currently exist, the requirements for new trees may be waived or modified. However, trees that are diseased or dead should be replaced. c. Plant street trees in planting strips located between the street curb and the sidewalk, or in sidewalk tree wells located between the street curb and the sidewalk on streets without planting strips. d. Street trees should be species with broad canopies, should have a minimum caliper of three inches (3”) measured at chest height at time of planting, and should be spaced a maximum of twenty-five to thirty feet (25-30’) on center, with exact spacing to be evaluated on a sitespecific basis depending upon species selected and mature canopy spread. e. No more than 40 percent of the street trees should be of one species. The particular species of trees should be determined upon specific locational requirements. Species should be selected to cast moderate to dense shade in summer, survive more than 60 years, have a mature height of at least 50 feet, be tolerant of pollution, heat, and salt, require little maintenance by being mechanically strong (not brittle), and be insect and disease resistant. Care should be taken to avoid species that suffer limb drop and splitting, heavy fruit or nut crops, invasive root systems, or allergen production. In the non-residential districts, the street treescape should consist of deciduous species that branch above eight feet (8’) to facilitate viewing of storefronts and signage. Good choices that are known to be suitable in the Hudson Valley include: i. Acer Truncatum

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ii. Gingko (males only) iii. Green Ash iv. Hackberry v. Hawthorne (thornless) vi. Hedge Maple vii. Hickory viii. Liberty Elm ix. Little-leaf Linden x. London Plane Tree xi. Pin Oak xii. Red Oak xiii. Regent Scholartree xiv. Scarlet Oak xv. Sweetgum xvi. Thornless Honey Locust xvii.Trident Maple xviii.Tuliptree xix. Village Green Zelkova f. Street trees should be grown to at least American Nursery Association Standards, should be balled and burlap or crated nursery stock, and should be irrigated and fertilized for a minimum of two years after installation. Any tree that dies within three years of planting, or any tree that is removed shall be replaced with the same species and size.

X. Noise Regulations
1. Intent and Purposes. The Town of Rhinebeck finds that it is necessary to reduce ambient noise levels in the Town, so as to preserve, protect and promote the public health, safety and welfare, and the peace and quiet of the inhabitants of the Town, to prevent injury to both humans and animal life, and to prevent injury to property, foster the convenience and comfort of its inhabitants, and facilitate the enjoyment of the rural character of the Town. There is also a substantial body of science and technology that exists demonstrating that noise may be substantially abated. The intent of the Noise Regulations is to control noise that is continuous such as air conditioners or frequently occurring noises such as lawn mowers, boom boxes or barking dogs. It acknowledges that noises are necessary in a civilized society. Limits are established which allows certain activities to take place at higher levels during daytime hours while lower levels are enforced at other times. Noise events which are temporary of short duration, and non repeating will not be enforced unless the noise may injure the human hearing system. The following regulations are applicable to all uses and all zoning districts within the Town of Rhinebeck unless otherwise provided herein. No use shall be established and/or maintained that does not conform to the following standards of use, occupancy and operation, in addition to all relevant provisions of other local, State and Federal laws, rules or regulations. No person, firm or corporation shall operate or cause to be operated any source of sound, except as set forth below, which exceeds the limit set forth below when measured by a sound level meter

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having an A-weighted filter and constructed in accordance with the specifications of the American National Standards Institute (ANSI). 2. Examples of Specific Acts or Events Intended to be Controlled. a. Sound-reproduction systems such as playing of a radio, phonograph, tape player, compact disc player, television, receiver or similar device that reproduces or amplifies sound in such a manner as to create a noise disturbance for any person other than the operator of the device. b. Loudspeakers and public-address systems. c. Domestic animals and birds that frequently or for continued duration makes or creates a noise disturbance across a residential real property line. A noise disturbance is created, for example, by a dog barking or a rooster crowing continually for more than ten (10) minutes or intermittently for more than thirty (30) minutes. Noise associated with agriculture or forestry, as defined herein, is exempt from the noise regulations. d. Loading and unloading, opening, closing or other handling of boxes, crates, containers, bales, cans, drums, refuse or similar objects. e. Motor vehicles: i. Operating or permitting the operation of any motor vehicle so out of repair or in such a condition as to create a noise disturbance or that is otherwise not in compliance with the provisions of any state or federal law, including but not limited to §§ 375 and 386 of the New York State Vehicle and Traffic Law.

ii. Allowing noise from a motor vehicle alarm to continue in excess of five (5) minutes duration after it has been activated. f. Construction, repair and demolition.

g. Impulsive noise or short bursts of acoustical energy such as from weapons fire, pile drivers, or punch presses. h. Air Conditioning, refrigeration, ventilation, machinery, or other similar noise generators. i. j. Landscape Maintenance Devices such as lawn mowers, leaf blowers, grass trimmers, and snow blowers. Recreational vehicles such as jet skis, motorized boats, all terrain vehicles, off-road motorcycles, and snowmobiles.

3. Prima facie evidence of noise disturbance The following shall be considered prima facie evidence of noise disturbance: a. A sound-level reading taken at a dwelling within a multi-dwelling unit building, arising from any location within a multi-dwelling unit building, above fifty (50) dBA during the time period commencing at 7:00 AM and ending at 8:00 PM. b. A sound-level reading taken at a dwelling within a multi-dwelling unit building, arising from any location within a multi-dwelling unit building, above forty-five (45) dBA during the time period commencing at 8:00 PM and ending at 7:00 AM the following day.

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c. A sound-level reading taken at a residential property line, arising from another residential property, above sixty (60) dBA during the time period commencing at 7:00 AM and ending at 8:00 PM. d. A sound-level reading taken at a residential property line, arising from another residential property, above fifty (50) dBA during the time period commencing at 8:00 PM and ending at 7:00 AM the following day. e. A sound-level reading taken at a residential property line, arising from a commercial property, a public space or a public right of way, above sixty (60) dBA during the time period commencing at 7:00 AM and ending at 8:00 PM. f. A sound-level reading taken at a residential property line, arising from a commercial property, a public space or a public right of way, above fifty (50) dBA during the time period commencing at 8:00 PM and ending at 7:00 AM the following day.

g. A sound-level reading taken at a commercial property line at any time, arising from any property source, above sixty-five (65) dBA. h. Sound from a motor vehicle exceeding 60 dBA as measured from the nearest curb or edge of the roadway i. Impulsive Sound shall not exceed 80 dBA at the receiving property line if it occurs less than four times per hour. For frequency greater than 4 per hour the sound shall not exceed 65 dBA between the hours of 7 AM and 8 PM and not exceed 50 dBA between 8 PM and 7 AM.

4. Exceptions Regardless of the decibel limits or the time of day or night, the provisions of this chapter shall not apply to: a. Sound and vibration emitted for the purpose of alerting people in an emergency. b. Sound and vibration emitted in the performance of correcting an emergency. c. Sounds created by bells or chimes of a house of worship, when a part of a religious observance or service. d. Sounds from farm operations conducted in a manner consistent with “Sound Agricultural Practices” as defined by the New York State Department of Agriculture and Markets. Sounds from agriculture operations on non-farm properties are not exempt. e. Sounds from forestry operations conducted in a manner consistent with the “Timber Harvesting Guidelines” as defined by the New York State Department of Environmental Conservation. f. Sounds from domestic power equipment including power tools, lawn and garden equipment, chain saws, snow blowers, and snow plows when operated with a muffler such that the noise measurement at 10 feet from the device does not exceed 70 dBA.

g. Sounds during the New York State regulated hunting seasons from traditional guns and hunting practices.

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h. Sound from a burglar alarm of any building or residence, provided such burglar alarm shall terminate its operation within ten (10) minutes after it has been activated. i. j. Railway locomotives. Sound generated by Town sponsored and/or Town permitted events.

k. Temporary noise such that its duration is shorter than 5 minutes and is not repetitive. l. Construction noise that occurs between 7 AM and 8 PM Monday through Saturday.

5. Enforcement and Administration The noise control requirements established by this Section shall be administered and enforced jointly by Town Zoning Enforcement Officers, local law enforcement agencies and such other employees and/or officials authorized by the Town Board. An alleged violation of the provisions of this chapter may be established upon the verbal or written complaint of at least one person or as personally observed by such Town Zoning Enforcement Officers, local law enforcement agencies or such other employees and/or officials authorized by the Town Board. Town Zoning Enforcement Officers, local law enforcement agencies or such other employees and/or officials authorized by the Town Board may issue an order requiring abatement of any source of sound alleged to be in violation of this Section. Such abatement must be made within a reasonable time period and according to the conditions prescribed by the officer. The Town Zoning Enforcement Officers, the local law enforcement agencies and such other employees and/or officials authorized by the Town Board shall be trained in the use of the dbA sound meters and the sound meters shall be certified for accuracy. Violation of any provision of this Section or of an abatement order shall be cause for a summons to be issued. The Town may remedy violations through a civil action if appropriate. 6. Penalties for offenses. Any person who violates any provision of this Section shall be deemed guilty of a violation and, upon conviction thereof, shall be subject to penalties in accordance with Article X of the Zoning Law. 7. Application for Special Use Permit. a. The Town Planning Board shall have the authority to grant Special Use Permits for limited times and purposes of this Section. b. Any person who owns or operates a noise source that exceeds the limitations imposed by this Section, may file an application with the Town Zoning Enforcement Officer for a Special Use Permit in accordance with Article VI of the Zoning Law. Unless otherwise directed herein, the general standards applicable to Special Use Permits contained within Article VI, shall apply to stationary noise sources and will be subject to the Special Use Permit application procedures contained within Article VI Section B. The application shall consist of a letter signed by the applicant and shall contain information, including but not limited to: i. The name and address of the applicant;

ii. The nature and location of the noise source for which such application is made;

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iii. The reason for which the Special Use Permit is requested, including the unique circumstances involving the noise source; iv. The nature and intensity of noise that will occur during the period of the Special Use Permit; v. The section or sections of this chapter for which the Special Use Permit shall apply; vi. A description of interim noise control measures to be taken by the applicant to minimize noise and the impact occurring therefrom; vii. A specific schedule of noise control measures; viii. A presentation of adequate proof that noise levels occurring during the period of the Special Use Permit will not constitute a danger to public health; ix. A presentation of adequate proof that compliance with this chapter would impose an arbitrary or unreasonable hardship upon the applicant without equal or greater benefit to the public; x. The names and addresses of all owners of contiguous land within 500 feet of the premises. The Planning Board in like manner shall give notice of the application by certified mail, return receipt requested, to all property owners surrounding the sound source site within a radius of 500 feet from the borders of said site; and xi. A filing fee in accordance with the Town fee schedule. c. The applicant's failure to supply the required information required by this Subsection shall be cause for denial of the Special Use Permit application. d. The duration of the Special Use Permit shall not exceed one (1) year but may be limited by the Planning Board to any period of time up to one (1) year. 8. Applicant to obtain other necessary permits This chapter does not preclude the necessity of the applicant to obtain the approval or permits required by any other agency before proceeding with the action under the approved Special Use Permit. No action may be initiated by the applicant until such time that other permits, as may be required, are issued. 9. Revocation of Special Use Permit. The Special Use Permit for a noise source may be revoked by the Planning Board if: a. There is a violation of one (1) or more conditions of the Special Use Permit; b. There is a material misrepresentation of fact in the permit application; or c. There is a material change in any of the circumstances relied upon by the Planning Board in granting the Special Use Permit. 10. Powers and Duties of Planning Board a. In determining whether to approve or deny the application or to approve the application with modifications, the Planning Board shall balance the unique circumstances of the

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application against the adverse impact on the neighborhood and the health, safety and welfare of persons affected, the adverse impact on the property affected and any other adverse impacts of granting the Special Use Permit. b. In connection with this section, the Planning Board shall cause the taking of sound level readings in the event that there shall be any dispute as to the sound levels prevailing or to prevail at the sound source site. c. The Planning Board shall have the power to impose restrictions, conditions and the recording of covenants upon any sound source site, including time limits on permitted activity in the event that it shall grant a Special Use Permit hereunder. 11. Definitions and Word Usage. There are terms used in this Section of the Zoning Law that are applicable principally if not exclusively within this Section alone. The terms used in this Section or in documents prepared or reviewed under this Section of the Zoning Law shall have the meaning as set forth in Article XIII, Section H. All terminology defined herein, which relates to the nature of sound and the mechanical detection and recording of sound, is in conformance with the terminology of the American National Standards Institute (ANSI) or its successor body.

Y. Habitat and Natural Resource Management
1. Purpose. Rhinebeck’s quality of life will be enhanced by the wise management of the Town's natural resources, including the diverse habitats and natural systems found within the Town. The mapping of such natural resources by the Town of Rhinebeck, in accordance with General Municipal Law § 239-y and the Town of Rhinebeck Comprehensive Plan, constitutes the Town’s Natural Resource Inventory. The habitat management process detailed herein will enable the Town to balance its responsibility to promote the economic well being of Rhinebeck’s residents, while protecting the integrity and value of Rhinebeck’s natural areas, including the Town’s watersheds and significant biological resources. The habitat management process, that will be employed by the Town to guide its habitat management decisions, will streamline the planning review processes by facilitating the New York State Environmental Quality Reviews (SEQR) as well as proposed Subdivisions, Site Plans, Special Use Permits, variances and other related development approvals by incorporating environmental protection into the design of projects. The habitat management process will also enable applicants to know well in advance what will be required during the Town’s development review processes, thus avoiding unnecessary delay and expense during the review process. The habitat management process addresses the following findings: a. The Town of Rhinebeck contains a diversity of natural resources, which include plants, animals and habitats and these resources are vulnerable to the adverse impacts often associated with development and construction. The habitat assessment process enables the Town to make better planning decisions, establish consistent standards for development proposals, fulfill regulatory obligations imposed by SEQR, and protect and maintain significant biological resources as development and economic growth occur.

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b. Land development may affect the environment in many ways. Direct loss of habitat eliminates some species and affects the population size of others. Habitat fragmentation leads to isolation (and reduced viability) of small populations, reduced population dispersal, increased edge effects which in turn may lead to increased predation, nest parasitism, and decreased breeding success. c. Habitat loss is often associated with negative impacts to watersheds, which may result in degraded water quality, reduced water supply, increased pollution, erosion and sedimentation, damage to streams and wetlands, poor drainage and flooding. d. The inclusion of habitat assessments as part of the planning and design review processes facilitates biodiversity conservation, preserves water resources, helps maintain natural areas, reduces the impact of invasive species, enhances visual resources and recreational opportunities, supports community values, and protects and enhances property values. e. Healthy ecosystems comprise the landscapes valued by Town residents. Ecological imbalances resulting from improperly sited development and its adverse impacts can lead to degraded landscapes and a proliferation of invasive or nuisance species. f. It is ultimately more cost effective for the Town to protect significant natural resources rather than attempt to restore them once they have been damaged or lost. This proactive stance will guide development, not prohibit it, and can greatly influence decisions about how development occurs on a particular site.

2. Intent. It is the intent of the habitat and natural resource management process to incorporate, where appropriate, habitat assessments into the decision-making of all Town boards charged with approval of actions under the State Environmental Quality Review Act (SEQR). A habitat assessment surveys the existing environmental conditions of a site, identifies any areas of ecological sensitivity, determines what the impact of the proposed development will be, and devises mitigation measures to avoid or reduce identified impacts. The Town of Rhinebeck’s Significant Habitats in the Town of Rhinebeck, Dutchess County, New York by Hudsonia Ltd. dated July 2007, should be used as a basis for habitat assessments but because of its general nature, additional on-site habitat assessment surveys may be necessary. Specific areas of concern that are identified as part of the assessment include but are not limited to the following: a. Water resources (including aquifers, streams, wetlands, and vernal pools, whether or not they are protected by local, state or federal regulations) b. Vegetation c. Soils d. Elevation, aspect and slope (including rocky outcrops, steep slopes and ridgelines) e. Wildlife of conservation concern, including but not limited to breeding birds, reptiles, amphibians and mammals including higher-order predators f. Presence of protected species of plants or animals as defined by the State and/or federal governments.

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The habitat management process used in the Town of Rhinebeck is based upon methodology detailed in the "Biodiversity Assessment Manual for the Hudson River Estuary Corridor," published by Hudsonia Ltd. in cooperation with the Hudson River Estuary Program of the New York State Department of Environmental Conservation. It may include an analysis of the presence or potential presence of rare and endangered plant and animal species on the property and estimates the impact the development will have on all plants and wildlife found in the area. When completed, any significant habitat areas identified in the habitat assessment, should be included in an Existing Resources and Site Analysis Plan as a Primary Conservation Area, for the purposes of Conservation Subdivision Design review. In all land use decisions subject to this section, habitat assessment will be a valuable tool for planning land use that is compatible with existing habitats by minimizing impacts to habitats and providing acceptable mitigation measures when impacts cannot be avoided. 3. Applicability. Use of the Habitat Assessment Process is mandatory for all Subdivisions, Special Use Permits, uses requiring Site Plan approval, variances, or other Town development reviews that are subject to SEQR. 4. Timing. Habitat assessments should be completed prior to submittal of a formal application to the Town and as early in the planning process as possible to avoid unnecessary delay in project review. The Planning Board will employ the Significant Habitat Map(s) and the associated Priority Conservation Zone/Area Maps in Hudsonia’s Significant Habitats report as the reference for depicting existing habitats in the Town for the purposes of this section. Applicants proposing site development that will potentially impact existing habitats as identified in the Significant Habitats report will provide to the Planning Board a map depicting any potential intrusions into identified conservation zones, along with a brief narrative detailing the nature of those potential impacts and the method(s) that will be employed to mitigate those impact(s). At the Planning Board's discretion, a Site Specific Habitat Assessment may be required of the applicant. 5. Site-Specific Habitat Assessments. Should the Planning Board determine that a Site-specific Habitat Assessment is necessary, the following information shall be provided in the manner detailed below: a. Existing habitats. For purposes of Site-specific Habitat Assessment, habitat assessments shall include two perspectives: the site specific and the context or surrounding landscape. Though decisions are made on a site by site basis, some of the ecological information that informs those decisions is on the landscape scale. Many species utilize a complex of habitats within the course of their life cycles; developments that attempt to avoid disturbance of breeding habitat, for example, may unintentionally destroy foraging, roosting or winter habitat. The following information will be provided: i. Soils and geological information should be obtained from the Dutchess County Soil Survey, the Significant Habitats in the Town of Rhinebeck report, or the New York State Bedrock Geology map if not available from on-site surveys.

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ii. Habitat descriptions include approximate acreage for each habitat type, dominant plants, vegetation structure, and connections with adjacent habitat. iii. Approximate acreage for each habitat type that will be impaired or lost as a result of the project activity. iv. Special habitats including but not limited to vernal pools, kettle shrub pools, riparian areas, streams, ponds, mature forest, shrubby old fields, will be noted. All wetlands and streams (perennial and intermittent) onsite will be evaluated as habitat regardless of regulatory jurisdiction. v. Habitat assessment includes both onsite and offsite areas. If access to offsite areas cannot be obtained from landowners, those offsite areas can be assessed by referring to the significant habitat map, by analysis of other maps or air photos, or by viewing from nearby areas, such as roads or adjacent properties. This is required even if the project site itself is highly disturbed. This will clarify development impacts on the larger landscape of the Town and facilitate siting of conservation easements. vi. General assessment of habitat quality or condition must be included. Quality measures, depending on habitat type, may include the following: (a) Extent (e.g. forests or meadows); (b) Connectivity with other habitats or corridors; (c) Age or size of trees; (d) Abundance of downwood, standing snags, rocks, organic debris, woody hummocks, and other microhabitat features; (e) Level of human disturbance (e.g. from logging, All Terrain Vehicles, foot traffic, and so on); (f) Abundance of non-native or invasive species; (g) Diversity of native plant species; (h) Observable quality of surface waters and substrates (for streams). vii. Species of conservation concern. For purposes of habitat assessment, species of conservation concern include those listed below. Many of the species of conservation concern are restricted to specialized habitats with particular physical or biological features. If the appropriate habitat is present onsite, it is assumed that species known to use that habitat are present or could be present in the future. (a) Endangered or Threatened under the federal Endangered Species Act; (b) Endangered, Threatened, Rare (plant) and Special Concern (animal) species under the New York State Environmental Conservation Law; (c) S1, S2 or S3 by the New York State Natural Heritage Program; (d) Regionally rare, scarce, declining, or vulnerable identified in the Biodiversity Assessment Manual for the Hudson River Estuary Corridor.

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viii. Evaluation of onsite and nearby habitat. This includes habitat for breeding, nursery habitat, foraging, seasonal movements, nesting, overwintering, and population dispersal as appropriate. The entire site, not just areas of proposed disturbance, must be evaluated. The observed presence of habitat specialist species (e.g. vernal pool amphibians, interior forest birds) may indicate high-quality habitats where development-related impacts should be avoided, minimized or mitigated. The presence of species that are associated with disturbed habitat, along with the absence of habitat specialists, indicate lower quality habitat that may be more suitable for development. Criteria for evaluating these natural resources (both species and habitat) includes but is not limited to: (a) Rarity (b) Diversity (c) Size (critical habitat areas) (d) Naturalness (level of human disturbance) (e) Fragility (vulnerability to disturbance) (f) Representativeness (high quality habitat for a variety of species) (g) Importance to wildlife (h) Local importance (e.g. only site in the Town with certain undisturbed habitat features) (i) Connectivity (to adjacent habitats and wildlife corridors) (j) Habitat fragmentation, both onsite and within the landscape context b. Field surveys. Habitat assessment includes the identification of the need for any speciesspecific field surveys to determine the significance of project impacts, as determined by the Planning Board. Habitat assessments are recommended prior to any surveys for particular species. If suitable habitat is identified, then species surveys may be necessary, especially if the habitat is suitable for threatened, endangered, or special concern animal species, and endangered, threatened, or rare plant species. 6. Site-Specific Habitat Assessment Report. The following format for a Site-specific Habitat Assessment Report shall be followed: a. Title Page. Name of proposed development project (i.e. Subdivision, Site Plan, Special Permit, variance or other action), report date and date of all revisions, name and contact information for report preparer. b. Introduction. A description of the proposed project, location map using the 1”=2,000’ US Geological Survey topographic as a base map. c. Methods. Sources of information (existing studies, maps), agency inquiries, aerial photographs, field visits. All onsite field observations must be accompanied by the date, time of day, and general temperature and weather conditions, locations, methods of observation, and seasonal considerations. List the scientific names for all species noted in the Report.

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d. Results. Use of tables to present results for habitat types and species of special concern are preferred (see example below). Any species of conservation concern observed, likely to occur, or potentially occurring on or near the site must be listed in the table. i. Site overview with descriptions of bedrock geology and soils;

ii. Habitat descriptions (see list below); iii. Indicators of habitat quality (e.g. size of trees, degree of disturbance, invasive species, abundance of species or groups, vegetation characteristics, relationships to offsite or adjacent habitats, extent of habitat); iv. Habitat map of the site including contours, topographic features, and soils; v. Soils map; vi. Vegetation and wildlife list with specific locations wherever possible.

Example 1: Suggested Habitat Type Table
Table 1: Proposed Woody Field Subdivision - Habitat Types Encountered Habitat Type Upland deciduous forest Shrubby old field Intermittent woodland pool Perennial stream Approximate Size 3 acres 5 acres ¼ acre Average width: 6’ Length: 1,000’ on site Approximate Percent of Total Site Area 20% 33% <2% N/A Dominant Vegetation Sugar maple, oaks (red, white, black, chestnut) Grey dogwood, orchard grass, goldenrods, bluestem Buttonbush, duckweed, algae Submerged vegetation; vegetation on bars or low banks

Example 2: Species of Conservation Concern Table
Table 2: Proposed Woody Field Subdivision – Species of Conservation Concern Species of Conservation Concern Jefferson salamander, marbled salamander, spotted salamander, wood frog Same Habitat(s)* Intermittent woodland pool (1/4 acre) Moderate (soils in Upland hardwood forest eastern half disturbed by logging about 15 years (15 acres) ago) Quality High

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Table 2: Proposed Woody Field Subdivision – Species of Conservation Concern Red-shouldered hawk Upland hardwood forest and floodplain hardwood swamp (total = 30 acres) Low to moderate (soils Upland hardwood forest in eastern half disturbed by logging about 15 (15 acres) years ago; invasion of garlic-mustard) Moderate (too small)

Yellow lady’s slipper

* describe habitats on and nearby that appear suitable for the species. e. Discussion. The Report must present a narrative discussion of the results. This includes species of conservation concern that would use the site and when; an overview of biodiversity; ecological impacts of the proposed development in the context of the larger landscape; the needs, if any, for additional field surveys; and the relationship of existing or proposed conservation easements to habitats onsite. Conservation easements may be an appropriate form of mitigation by including significant habitats and avoiding small or isolated (disconnected) patches of habitat. f. Potential impacts of proposed project activities and proposed mitigation measures. This section must include cumulative, primary and secondary impacts as well as stormwater management impacts. Considerations include magnitude, spatial extent, duration, and probability of occurrence. All identified impacts need to be properly incorporated into the project’s SEQR review process, regardless of the lead agency. Mitigation measures will be incorporated into the proposed project plans to avoid, reduce or minimize identified impacts to the greatest extent practicable. Use of conservation easements may be considered to protect in perpetuity all identified habitats of concern is the first step in identifying appropriate mitigation. Additional mitigation measures include but are not limited to those identified in Biodiversity Assessment Manual for the Hudson River Estuary Corridor.

g. Summary of the Report findings and recommendations. h. References used. 7. Quality control/follow-up. A site visit by representatives of the Town Conservation Advisory Council (CAC), Planning Board, and/or Town Planner will be conducted after the habitat assessment is complete. Mitigation measures for impacts on habitats, plant and animal species will be evaluated and incorporated into the SEQR review process. The Town may require peer review of the Habitat Assessment Report, at the expense of the applicant, and in accordance with the Town’s Fee Schedule.

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8. Habitat List. Suggested habitat types for general habitat and biodiversity assessments on any particular site include but are not limited to these types. See the Biodiversity Assessment Manual for the Hudson River Estuary Corridor for more detailed descriptions of these habitats:
Habitat STREAM, POND, & WETLAND HABITATS stream open water constructed pond intermittent woodland pool wet meadow wet clay meadow calcareous wet meadow fen kettle shrub pool buttonbush pool circumneutral bog lake acidic bog marsh mixed forest swamp hardwood & shrub swamp conifer swamp springs & seeps Intertidal marsh UPLAND HABITATS upland meadow upland shrubland orchard/plantation includes inactive agricultural land, herbaceous old fields, farmed meadows, such as pasture, hayfield, & cropland includes shrubby old field and other shrubdominated upland habitats Christmas tree farm, fruit orchard; young (seedling-sapling size) plantations very deep, very narrow ravine, with rocky slopes flanking rocky stream at bottom; creating very cool, shaded environment with unusual plant & animal community > 75% hardwood cover 25 to 75 % hardwood or conifer cover includes emergent & floating-leaved marshes Conifers and hardwoods in overstory includes forested & shrub swamps Clayey soils and indicator plant species must be present Calcareous soils and indicator plant species must be present includes intermittent and perennial streams & rivers natural ponds & lakes; i.e., undammed, unexcavated dammed or excavated ponds & lakes vernal pool in forested setting Comment

cool ravine upland hardwood forest upland mixed forest red cedar woodland oak heath barren upland conifer forest crest, ledge, and talus

> 75% conifer cover; includes spontaneous conifer stands and mature plantations includes non-calcareous CLT, as well as CLT of unknown bedrock chemistry

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Habitat calcareous crest, ledge, and talus waste ground abandoned soil or rock mines, active private dumps, unreclaimed landfills, post-industrial or commercial sites, other areas with stripped topsoil & little vegetation manicured areas lacking structures, pavement, etc.; e.g., ballfields, campgrounds, large lawns, mowed park-like areas under trees Comment

cultural

Z. Stormwater Management
1. Purposes and Findings. The purpose of this Section of the Zoning Law is to establish minimum requirements for the control of stormwater runoff, soil erosion and sedimentation of surface waters to protect and safeguard the general health, safety and welfare of the residents and to address the following findings: a. Land development activities and associated increases in site impervious cover often alter the hydrologic response of local watersheds and increase stormwater runoff rates and volumes, flooding, stream channel erosion, or sediment transport and deposition. b. This stormwater runoff contributes to increased quantities of water-borne pollutants, including siltation of aquatic habitat for fish and other species. c. Clearing and grading during construction tends to increase soil erosion and add to the loss of native vegetation necessary for terrestrial and aquatic habitat. d. Improper design and construction of stormwater management facilities and practices can increase the velocity of stormwater runoff thereby increasing stream bank erosion and sedimentation. e. Impervious surfaces allow less water to percolate into the soil, thereby decreasing groundwater recharge and stream baseflow. f. Substantial economic losses can result from these adverse impacts on the waters of the Town.

g. Stormwater runoff, soil erosion and nonpoint source pollution can be controlled and minimized through the regulation of stormwater runoff from land development activities. h. The regulation of stormwater runoff discharges from land development activities, in order to control and minimize increases in stormwater runoff rates and volumes; soil erosion; stream channel erosion; and nonpoint source pollution associated with stormwater runoff, is in the public interest and will minimize threats to public health and safety. i. Regulation of land development activities by means of performance standards governing stormwater management and site design will produce development compatible with the natural functions of a particular site or an entire watershed, and thereby mitigate the adverse effects of erosion and sedimentation from development.

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2. Objectives of Stormwater Management. Establishing minimum stormwater management requirements and controls will address the findings of fact cited above by achieving the following objectives: a. Require land development activities to conform to the substantive requirements of the New York State Department of Environmental Conservation State Pollutant Discharge Elimination System (SPDES) General Permit for Construction Activities GP-02-01 or as amended or revised; b. Minimize increases in stormwater runoff from land development activities in order to reduce flooding, siltation, increases in stream temperature, and streambank erosion and maintain the integrity of stream channels; c. Minimize increases in pollution caused by stormwater runoff from land development activities which would otherwise degrade local water quality; d. Minimize the total annual volume of stormwater runoff which flows from any specific site during and following development to the maximum extent practicable; and e. Reduce stormwater runoff rates and volumes, soil erosion and nonpoint source pollution, wherever possible, through stormwater management practices and ensure that these management practices are properly maintained and eliminate threats to public safety. 3. Applicability. This section shall be applicable to all land development activities as defined herein. All land development activities subject to review and approval by the Planning Board under Subdivision, Site Plan, and/or Special Permit regulations shall be reviewed subject to the standards contained in this Section. The Town Board designates the Zoning Enforcement Officer (ZEO) for acceptance of all stormwater pollution prevention plans (SWPPP) and directs the ZEO to forward such plans to the Planning Board and Town Engineer. 4. Exemptions The following activities shall be exempt from review under this Section: a. Agriculture conducted in a manner consistent with “Sound Agricultural Practices,” as defined by the New York State Department of Agriculture and Markets. b. Forestry conducted in a manner consistent with the “Timber Harvesting Guidelines” as defined by the New York State Department of Environmental Conservation, except that landing areas and log haul roads are subject to this Subsection. c. Routine maintenance activities that disturb less than one (1) acre and are performed to maintain the original line and grade, hydraulic capacity or original purpose of a facility. d. Repairs to any stormwater management practice or facility deemed necessary by the ZEO. e. Any part of a Subdivision, if a plat for the Subdivision has been approved by the Town of Rhinebeck Planning Board on or before the effective date of this Zoning Law. f. Land development activities for which a building permit has been approved on or before the effective date of this Zoning Law.

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g. Cemetery graves. h. Installation of fence, sign, telephone, and electric poles, and other kinds of posts or poles but not including installation of transmission equipment. i. j. Emergency activity immediately necessary to protect life, property or natural resources. Activities of an individual engaging in home gardening by growing flowers, vegetable and other plants, primarily for use by that person and his or her family.

5. Stormwater Pollution Prevention Plans. No application for approval of a land development activity shall be deemed complete until the Planning Board has received a Stormwater Pollution Prevention Plan (SWPPP) prepared in accordance with the specifications in this Section. a. Contents of Stormwater Pollution Prevention Plans. All SWPPPs shall provide the following background information and erosion and sediment controls: i. Background information about the scope of the project, including location, type and size of project.

ii. Site map/construction drawing(s) for the project at the scale required by Article VII or the Subdivision Regulations, including a general location map. At a minimum, the site map should show the total site area; all improvements; areas of disturbance; areas that will not be disturbed; existing vegetation; mapped habitats; on-site and adjacent off- site surface water(s); wetlands and drainage patterns that could be affected by the construction activity; existing and final slopes; locations of off-site material, waste, borrow or equipment storage areas; and location(s) of the stormwater discharges(s). iii. Description of the soil(s) present at the site. iv. Construction phasing plan describing the intended sequence of construction activities, including clearing and grubbing, excavation and grading, utility and infrastructure installation, and any other activity at the site that results in soil disturbance. Consistent with the New York Standards and Specifications for Erosion and Sediment Control (Erosion Control Manual), any project of one acre or more shall be subject to a SWPPP. v. Description of the pollution prevention measures that will be used to control litter, construction chemicals and construction debris from becoming a pollutant source in stormwater runoff. vi. Description of construction and waste materials expected to be stored on-site with updates as appropriate, and a description of controls to reduce pollutants from these materials, including storage practices to minimize exposure of the materials to stormwater and spill -prevention and response. vii. Temporary and permanent structural and vegetative measures to be used for soil stabilization, runoff control and sediment control for each stage of the project from initial land clearing and grubbing to project close-out, including the use of pervious pavers or pervious pavement, which is encouraged and in some cases required by this Zoning Law;

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viii. A site map/construction drawing(s) specifying the location(s), size(s) and length(s) of each erosion and sediment control practice. ix. Dimensions, material specifications and installation details for all erosion and sediment control practices, including the siting and sizing of any temporary sediment basins. x. Temporary practices that will be converted to permanent control measures. xi. Implementation schedule for staging temporary erosion and sediment control practices, including the timing of initial placement and duration that each practice should remain in place. xii. Maintenance schedule to ensure continuous and effective operation of the erosion and sediment control practice. xiii. Name(s) of the receiving water(s). xiv. Delineation of SWPPP implementation responsibilities for each part of the site. xv. Description of structural practices designed to divert flows from exposed soils, store flows, or otherwise limit runoff and the discharge of pollutants from exposed areas of the site to the degree attainable. xvi. Any existing data that describes the stormwater runoff at the site. b. Land development activities, as defined herein and meeting Condition “A” or “B” below shall also include water quantity and water quality controls (post-construction stormwater runoff controls) as set forth in Schedule A, as applicable: Condition A - Stormwater runoff from land development activities discharging a pollutant of concern to either an impaired water identified on the Department of Environmental Conservation’s 303(d) list of impaired waters, or a Total Maximum Daily Load (TMDL) designated watershed for which pollutants in stormwater have been identified as a source of the impairment. Condition B - Stormwater runoff from land development activities disturbing one (1) or more acres during the course of the project, inclusive of the construction of singlefamily residences and construction activities at agricultural properties.. c. SWPPP Requirements for Condition A and B: i. All information required herein;

ii. Description of each post-construction stormwater management practice; iii. Site map/construction drawing(s) showing the specific location(s) and size(s) of each post-construction stormwater management practice; iv. Hydrologic and hydraulic analysis for all structural components of the stormwater management system for the applicable design storms; v. Comparison of post-development stormwater runoff conditions with pre-development conditions;

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vi. Dimensions, material specifications and installation details for each post-construction stormwater management practice; vii. Maintenance schedule to ensure continuous and effective operation of each postconstruction stormwater management practice; viii. Maintenance easements to ensure access to all stormwater management practices at the site, for the purpose of inspection and repair. Easements shall be recorded on the plan and shall remain in effect with transfer of title to the property; ix. Inspection and maintenance agreement binding on all subsequent landowners served by the on-site stormwater management measures, in accordance with Schedule B herein; x. For Condition A, the SWPPP shall be prepared by a licensed landscape architect, certified professional or professional engineer, and shall be signed by the professional preparing the plan, who shall certify that the design of all stormwater management practices meet the requirements herein. xi. The New York SPDES General Permit for Stormwater Runoff from Construction Activities (GP-02-01) requires that SWPPPs be prepared by a licensed professional for land development activities discharging a pollutant of concern to an impaired water identified on the New York State Department of Environmental Conservation’s 303(d) list of impaired waters, or to a Total Maximum Daily Load (TMDL)-designated watershed for which pollutants in stormwater have been identified as a source of the impairment. 6. Other Permits. The applicant shall assure that all other applicable permits have been or will be acquired for the land development activity prior to approval of the final stormwater design plan. 7. Contractor Certification. Each contractor and subcontractor identified in the SWPPP who will be involved in soil disturbance and/or stormwater management practice installation, shall sign and date a copy of the following certification statement before undertaking any land development activity : “I certify under penalty of law that I understand and agree to comply with the terms and conditions of the Stormwater Pollution Prevention Plan. I also understand that it is unlawful for any person to cause or contribute to a violation of water quality standards.” The certification shall include the name and title of the person providing the signature, address and telephone number of the contracting firm; the address (or other identifying description) of the site; and the date the certification is made. The certification statement(s) shall become part of the SWPPP for the land development activity. A copy of the SWPPP shall be retained at the site of the land development activity during construction from the date of initiation of construction activities to the date of final stabilization. a. Performance and Design Criteria for Stormwater Management and Erosion and Sediment Control. All land development activities shall be subject to the following performance and design criteria:

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i. Technical Standards. For the purpose of this Subsection, the following documents shall serve as the official guides and specifications for stormwater management. Stormwater management practices that are designed and constructed in accordance with these technical documents shall be presumed to meet the standards imposed by this law: (a) The New York State Stormwater Management Design Manual (New York State Department of Environmental Conservation, most current version or its successor, hereafter referred to as the Design Manual). (b) New York Standards and Specifications for Erosion and Sediment Control, (Empire State Chapter of the Soil and Water Conservation Society, 2004, most current version or its successor, hereafter referred to as the Erosion Control Manual). b. Equivalence to Technical Standards. Where stormwater management practices are not in accordance with technical standards, the applicant or developer must demonstrate equivalence to the technical standards set forth herein and the SWPPP shall be prepared by a licensed professional. c. Water Quality Standards. Any land development activity shall not cause an increase in turbidity that will result in substantial visible contrast to natural conditions in surface waters of the State of New York. 8. Maintenance, Inspection and Repair of Stormwater Facilities a. Maintenance and Inspection During Construction. The applicant or developer of the land development activity or their representative shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the applicant or developer to achieve compliance with the conditions of this Zoning Law. Sediment shall be removed from sediment traps or sediment ponds whenever their design capacity has been reduced by fifty (50) percent. b. Inspection Documentation. For land development activities as defined herein and meeting Condition A or B, the applicant shall have a qualified professional conduct site inspections and document the effectiveness of all erosion and sediment control practices every month and within 24 hours of any storm event producing 0.5 inches of precipitation or more. Inspection reports shall be maintained in a site logbook. The Planning Board may require inspection by the Town Engineer and an improvement bond may be required to ensure completion of all stormwater management facilities. c. Inspections Required. The Town ZEO may require such inspections as necessary to determine compliance with this Section, and may either approve that portion of the work completed, or notify the applicant wherein the work fails to comply with the requirements of this law and the SWPPP. as approved. To obtain inspections, the applicant shall notify the ZEO at least 48 hours before any of the following: i. Start of construction

ii. Installation of sediment and erosion control measures iii. Completion of site clearing

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iv. Completion of rough grading v. Completion of final grading vi. Close of the construction season vii. Completion of final landscaping viii. Successful establishment of landscaping in public areas. If any violations are found, the applicant and developer shall be notified in writing of the nature of the violation and the required corrective actions. No further work shall be conducted except for site stabilization until any violations are corrected and all work previously completed has received approval by the Stormwater Management Officer. d. Inspections by ZEO. The ZEO is responsible for conducting inspections of stormwater management practices (SMPs). All applicants are required to submit “as built” plans for any stormwater management practices located on-site after final construction is completed. The plan must show the final design specifications for all stormwater management facilities, and must be certified by a professional engineer. e. Maintenance Easement(s). Prior to the issuance of any approval that has a stormwater management facility as one of the requirements, the applicant or developer must execute a maintenance easement agreement that shall be binding on all subsequent landowners served by the stormwater management facility. The easement shall provide for access to the facility at reasonable times for periodic inspection by the Town of Rhinebeck ZEO or Town Engineer to ensure that the facility is maintained in proper working condition to meet design standards and any other provisions established by this Section. The easement shall be recorded by the grantor in the office of the Dutchess County Clerk after approval by the Town of Rhinebeck Attorney. The Town may require the formation of a drainage district or a back-up drainage district, if warranted. f. Maintenance after Construction. The owner or operator of permanent stormwater management practices installed in accordance with this law shall ensure they are operated and maintained to achieve the goals of this Section. Proper operation and maintenance also includes, as a minimum, the following: i. A preventive/corrective maintenance program for all critical facilities and systems of treatment and control (or related appurtenances) which are installed or used by the owner or operator to achieve the goals of this Section.

ii. Written procedures for operation and maintenance and training new maintenance personnel. iii. Discharges from the SMPs shall not exceed design criteria, or cause or contribute to water quality standard violations. iv. The Planning Board may require a maintenance bond to fund the inspection of stormwater management facilities. v. Inspection programs shall be established on any reasonable basis, including but not limited to: routine inspections; random inspections; inspections based upon complaints or other notice of possible violations; inspection of drainage basins or areas identified as higher than typical sources of sediment or other contaminants or

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pollutants; inspections of businesses or industries of a type associated with higher than usual discharges of contaminants or pollutants, or with discharges of a type which are more likely than the typical discharge to cause violations of state or federal water or sediment quality standards or the SPDES stormwater permit; and joint inspections with other agencies inspecting under environmental or safety laws. Inspections may include, but are not limited to: reviewing maintenance and repair records; sampling discharges, surface water, groundwater, and material or water in drainage control facilities; and evaluating the condition of drainage control facilities and other stormwater management practices. g. Maintenance Agreements. The Town Board shall approve a formal maintenance agreement for stormwater management facilities binding on all subsequent landowners and recorded in the office of the Dutchess County Clerk as a deed restriction on the property prior to final plan approval. The maintenance agreement shall be consistent with the terms and conditions of Schedule B of this Section entitled Sample Stormwater Control Facility Maintenance Agreement. The Town Board, in lieu of a maintenance agreement, at its sole discretion may accept dedication of any existing or future stormwater management facility, provided such facility meets all the requirements of this Section and includes adequate and perpetual access and sufficient area, by easement or otherwise, for inspection and regular maintenance. h. Submission of Reports. The Planning Board may require monitoring and reporting from entities subject to this Section as are necessary to determine compliance with this Section. i. Right-of-Entry for Inspection. When any new stormwater management facility is installed on private property, or when any new connection is made between private property and the public storm water system, the landowner shall grant to the Town of Rhinebeck Zoning Enforcement Officer the right to enter the property at reasonable times, and in a reasonable manner, for the purpose of inspection as specified in Subsection Z(8) herein.

9. Construction Completion Guarantee. In order to ensure the full and faithful completion of all land development activities related to compliance with all conditions set forth by the Planning Board in its approval of the Stormwater Pollution Prevention Plan, the Planning Board may require the applicant or developer to provide, prior to construction, a performance bond, cash escrow, or irrevocable letter of credit from an appropriate financial or surety institution, which guarantees satisfactory completion of the project and names the Town of Rhinebeck as the beneficiary. The security shall be in an amount to be determined by Planning Board, based on submission of final design plans, with reference to actual construction and landscaping costs. The performance guarantee shall remain in force until the surety is released from liability by the Town of Rhinebeck, provided that such period shall not be less than one year from the date of final acceptance, or such other certification that the facility(ies) have been constructed, in accordance with the approved plans and specifications, and that a one-year inspection has been conducted and the facilities have been found to be acceptable to the Zoning Enforcement Officer. Per annum interest on cash escrow deposits shall be reinvested in the account until the surety is released from liability.

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10. Maintenance Guarantee. Where stormwater management and erosion and sediment control facilities are to be operated and maintained by the developer or by a corporation that owns or manages a commercial facility, the developer, prior to construction, may be required to provide the Planning Board with an irrevocable letter of credit from an approved financial institution or surety to ensure proper operation and maintenance of all stormwater management and erosion control facilities both during and after construction, and until the facilities are removed from operation. If the developer or landowner fails to properly operate and maintain stormwater management and erosion and sediment control facilities, the Town of Rhinebeck may draw upon the account to cover the costs of proper operation and maintenance, including engineering and inspection costs. 11. Record keeping. a. The Planning Board may require entities subject to this Section to maintain records demonstrating compliance with this Section.

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SCHEDULE A
Stormwater Management Practices Acceptable for Water Quality Group Practice Description Pond that treats the majority of the water quality volume through extended detention, and incorporates a micropool at the outlet of the pond to prevent sediment resuspension. Pond that provides storage for the entire water quality volume in the permanent pool. Pond that treats a portion of the water quality volume by detaining storm flows above a permanent pool for a specified minimum detention time. A group of ponds that collectively treat the water quality volume. A stormwater wetland design adapted for the treatment of runoff from small drainage areas that has little or no baseflow available to maintain water elevations and relies on groundwater to maintain a permanent pool. A wetland that provides water quality treatment entirely in a shallow marsh. A wetland system that provides some fraction of the water quality volume by detaining storm flows above the marsh surface. A wetland system that provides a portion of the water quality volume in the permanent pool of a wet pond that precedes the marsh for a specified minimum detention time.

Micropool Extended Detention Pond (P-1)

Wet Pond (P-2)

Pond

Wet Extended Detention Pond (P-3)

Multiple Pond System (P-4)

Pocket Pond (P-5)

Shallow Wetland (W-1)

Extended Detention Wetland (W-2)

Wetland

Pond/Wetland System (W-3)

Pocket Wetland (W-4)

A shallow wetland design adapted for the treatment of runoff from small drainage areas that has variable water levels and relies on groundwater for its permanent pool.

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Stormwater Management Practices Acceptable for Water Quality An infiltration practice that stores the water quality volume in the void spaces of a gravel trench before it is infiltrated into the ground. An infiltration practice that stores the water quality volume in a shallow depression before it is infiltrated into the ground. An infiltration practice similar in design to the infiltration trench, and best suited for treatment of rooftop runoff. A filtering practice that treats stormwater by settling out larger particles in a sediment chamber, and then filtering stormwater through a sand matrix. A filtering practice that treats stormwater as it flows through underground settling and filtering chambers. A filter that incorporates a sediment chamber and filter bed as parallel vaults adjacent to a parking lot. A filtering practice that uses an organic medium such as compost in the filter in place of sand. A shallow depression that treats stormwater as it flows through a soil matrix, and is returned to the storm drain system. An open drainage channel or depression explicitly designed to detain and promote the filtration of stormwater runoff into the soil media. An open drainage channel or depression designed to retain water or intercept groundwater for water quality treatment.

Infiltration Trench (I-1)

Infiltration

Infiltration Basin (I-2)

Dry Well (I-3)

Surface Sand Filter (F-1)

Underground Sand Filter (F- 2)

Filtering Practices Perimeter Sand Filter (F-3)

Organic Filter (F-4)

Bioretention (F-5)

Dry Swale (O-1) Open Channels Wet Swale (O-2)

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SCHEDULE B
SAMPLE STORMWATER CONTROL FACILITY MAINTENANCE AGREEMENT
Whereas, the Town of Rhinebeck ("Town") and the _______________ ("facility owner") want to enter into an agreement to provide for the long-term maintenance and continuation of stormwater control measures approved by the Town for the below named project, and Whereas, the Town and the facility owner desire that the stormwater control measures be built in accordance with the approved project plans and thereafter be maintained, cleaned, repaired, replaced and continued in perpetuity in order to ensure optimum performance of the components. Therefore, the Town and the facility owner agree as follows:

2. This agreement binds the Town and the facility owner, its successors and assigns, to the maintenance provisions depicted in the approved project plans which are attached as Schedule A of this agreement. 3. The facility owner shall maintain, clean, repair, replace and continue the stormwater control measures depicted in Schedule A, as necessary, to ensure optimum performance of the measures to design specifications. The stormwater control measures shall include, but shall not be limited to, the following: drainage ditches, swales, dry wells, infiltrators, drop inlets, pipes, culverts, soil absorption devices and retention ponds. 4. The facility owner shall be responsible for all expenses related to the maintenance of the stormwater control measures, and shall establish a means for the collection and distribution of expenses among parties for any commonly owned facilities. 5. The facility owner shall provide for the periodic inspection of the stormwater control measures, not less than once in every five-year period, to determine the condition and integrity of the measures. Such inspection shall be performed by a Professional Engineer licensed by the State of New York. The inspecting engineer shall prepare and submit to the Town, within 30 days of the inspection, a written report of the findings, including recommendations for those actions necessary for the continuation of the stormwater control measures. 6. The facility owner shall not authorize, undertake or permit alteration, abandonment, modification or discontinuation of the stormwater control measures, except in accordance with written approval of the Town. 7. The facility owner shall undertake necessary repairs and replacement of the stormwater control measures at the direction of the Town, or in accordance with the recommendations of the inspecting engineer. 8. The facility owner shall provide to the Town, within 30 days of the date of this agreement, a security for the maintenance and continuation of the stormwater control measures in the form of ( a Bond, letter of credit or escrow account). 9. This agreement shall be recorded in the Office of the County Clerk, County of Dutchess together with the deed for the common property, and shall be included in the offering plan and/or prospectus approved pursuant to ______________. 10. If ever the Town determines that the facility owner has failed to construct or maintain the stormwater control measures in accordance with the project plan, or has failed to undertake corrective action specified by the Town or by the July 2008 Draft Article V.103

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AA.

Green Building Standards

1. Green Building Certification. The Town of Rhinebeck is committed to minimizing the short term and long term negative impacts construction has on the environment. The intent of this Section is to provide owners and occupants of homes, commercial buildings, offices, multiple residences and senior citizen multiple residences with the economic benefits of energy and water savings; good indoor air quality and healthy, pleasant and productive surroundings. A further intent of this Section is to benefit the community by having buildings constructed that are resource-efficient and conserve energy. This increase in efficiency will reduce the resource and energy needs of the Town, thereby mitigating the Town’s contribution to carbon dioxide (CO2) production and the associated climate change. 2. Green Building Rating System. The Town of Rhinebeck hereby adopts, in principle, the U.S. Green Building Council’s (USGBC) Leadership in Energy and Environmental Design for New Construction (LEED-NC) Rating System, Version 2.2 and Leadership in Energy and Environmental Design for Homes (LEED-Homes) Rating System, Version 2.2. Further, the Town of Rhinebeck hereby automatically adopts any future versions promulgated by the USGBC. For the first six months after adopting an amended version, applicants may apply under the pre-existing version. 3. The LEED-NC system establishes several levels of environmental achievement from a “Certified” rating to a “Platinum” rating. The ratings are attained by earning LEED points in the categories of Sustainable Sites, Water Efficiency, Energy & Atmosphere, Materials & Resources, Indoor Environmental Quality and Innovation & Design Process. 4. The LEED-Homes system establishes several levels of environmental achievement from a “Certified” rating to a “Platinum” rating. The ratings are attained by earning LEED points in the categories of Location and Linkages, Sustainable Sites, Water Efficiency, Energy & Atmosphere, Materials & Resources, Indoor Environmental Quality, Homeowner Awareness, and Innovation & Design Process. 5. Applicability. This section shall be applicable to all new construction of a commercial building, office building, multiple residence or senior citizen multiple residence equal to or greater than 4,000 square feet. This Section of the Zoning Law shall be applicable to all new homes. The provisions of this Section are mandatory for any application received by the Town one (1) year after the effective date of the Zoning Law. 6. Standards for Green Building Projects. a. Every applicant who files a building permit application for construction of a new commercial building, office building, multiple residence or senior citizen multiple residence shall provide a completed LEED-NC checklist or the local variant of a Green

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Building Project Checklist acceptable to the Town Planning Board or its designee. b. Every applicant who files a building permit application for construction of a new home shall provide a completed LEED-Home checklist or the local variant of a Green Building Project Checklist acceptable to the Town Planning Board or its designee. c. Every applicant shall pay a fee of $0.03 per square foot of the project, not to exceed $15,000, to the Town of Rhinebeck Green Building Fund, provided such Fund has been established by the Town Board. The purpose of such Fund is to foster the development of renewable energy technologies and energy conservation in the Town and such other green building purposes as established by the Town Board. An applicant who achieves LEEDcertified status shall have this fee refunded. d. LEED certification for projects shall adhere to the following schedule: i. Within 365 days after the effective date of this Zoning Law, all Rhinebeck-sponsored covered projects shall be required to achieve LEED Certified rating. A sponsored project is defined as any construction project funded, built, sponsored, or subsidized by Rhinebeck or built on Rhinebeck-owned land.

ii. Within 3 years from the effective date of this Zoning Law, each covered commercial or residential project shall be required to achieve a minimum LEED Certified rating in accordance with the following threshold standards:

iii. Within 3 years from the effective date of this Zoning Law, each Rhinebeck-sponsored covered project shall be required to achieve a LEED Silver rating which is composed of no less than 4 energy optimization performance points. 7. No Building Permit shall be issued unless the LEED-NC or LEED-Homes review documentation or the local variant of Green Building Project documentation demonstrates that the proposed building shall attain LEED-certified or the local variant acceptable to the Code Enforcement Officer. 8. Exemptions to the standards can be obtained for the following:

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a. All historic structures as defined under the New York State Historic Preservation Act of 1980 (Chapter 354 of Parks, Recreation and Historic Preservation Law, §14.03), shall be exempt from the requirements of this Section. Applicants for building projects at historic structures shall use their best efforts to incorporate as many of the criteria as feasible from the rating system without compromising the historical integrity of the structure. b. Any project where the Town Board determines that circumstances exist that make it a hardship or infeasible for the applicant to meet those requirements. These circumstances may include, but are not limited to: i. The availability of markets for materials to be recycled;

ii. The availability of green building materials and technologies; and iii. The compatibility of green building requirements with existing building standards. The burden shall be on the applicant to show circumstances to establish hardship or infeasibility 9. Compliance and Enforcement. The Code Enforcement Officer shall determine whether the requirements under the pre-permitting documentation have been implemented at each stage of construction, including at the foundation inspection, framing inspection, and prior to issuance of a final certificate of occupancy. The Code Enforcement Officer may conduct other inspections, as needed, to ensure compliance with this act. The Code Enforcement Officer, at his/her discretion, may issue a stop-work order or withhold the final certificate of occupancy until compliance can be demonstrated. 10. Review and Reporting. The Code Enforcement Officer shall be required to: a. Submit an annual report to the Town Board no later than September 30 of each year stating how each project has met the purposes and requirements of this Section; b. Provide technical expertise on green building issues on a case by case basis; and c. Maintain trained staff to effectuate the purposes of this Section.

BB. Historic Buildings
1. Purpose and Intent. a. Within the Town of Rhinebeck, there exist a significant number of buildings of historic importance. The Town of Rhinebeck believes it important that these historic buildings be both afforded proper recognition by Town residents and protected for the continuing use and enjoyment of future residents within this community. The Town of Rhinebeck specifically finds that many of these vital and irreplaceable historic buildings have heretofore been afforded recognition, though not protection, through their inclusion on the National Register of Historic Places. b. Listed buildings within the Town-outside-Village area of Rhinebeck include those identified as "contributing buildings" within the National Register Hudson River National Historic Landmark District (1990) and its predecessor Sixteen Mile District (1979), those buildings within the Evangelical Lutheran Church of St. Peter (1975), Grasmere (1987) and Rock Ledge (1989) National Register Historic Districts, and those individual buildings included

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on the National Register of Historic Places, including first the Robert Sands Estate (1975), then more than thirty (30) individual buildings, or complexes of buildings, concomitantly nominated as part of the Town of Rhinebeck Multi-Resource Area (1987) and recently the Neher-Elseffer House (2003). The Town of Rhinebeck has also designated four buildings, Wilderstein, the Neher-Elseffer House, the Old Stone Church and Quitman House, as Local Landmarks. c. This Section is designed to provide for the protection of those historic buildings situated within the Town-outside-Village area which, by reason of their antiquity, uniqueness, setting or architectural construction, have been recognized, or may so be similarly recognized in the future, for both their contribution to a strong sense of identity within the community and for the tangible linkages the buildings provide to the Town's historic, architectural and cultural heritage. d. This Section does not regulate appurtenances to historic buildings, i.e. stone walls, gates, fences, gazebos, gardens, landscapes or “non-contributing structures” listed within the documentation supporting the historic designations noted above. However, the Town of Rhinebeck recognizes these appurtenances as important features integral to historic properties and because of their community value encourages voluntary protection and conservation measures be considered by property owners. e. Similarly, while this Section does not regulate exterior architectural features, including building elements such as windows and doors and cornices and materials such as roofing and siding, the Town of Rhinebeck recognizes these features as important to the integrity of historic buildings and encourages voluntary efforts to preserve these features and where replacement may be necessary employ either in-kind architectural elements and building materials or those exhibiting similar historical style. f. The purpose of this Section is to reinforce the importance of the historic buildings of the Town of Rhinebeck and support the objectives of the aforementioned special historic designations, the Town's Comprehensive Plan and the Local Waterfront Revitalization Program, by: i. Providing for the careful, thoughtful evaluation of any proposed action that would cause the removal or demolition of any such recognized historic building;

ii. Emphasizing as a statement of local policy that the conservation, protection, enhancement and preservation of such historic buildings is necessary to promote the economic, cultural, educational, and general welfare of the Town's residents; iii. Allowing the continuing identification and recognition of historic buildings that represent distinctive elements of historic, architectural and cultural heritage; and iv. Provide a means for the owners of historic buildings to find economically viable ways to preserve such buildings by allowing for their adaptive reuse in accordance with the provisions of Article __, Section __ of the Zoning Law. 2. Definitions. There are terms used in this Section of the Zoning Law that are applicable principally if not exclusively within this Section alone. The terms used in this Section or in documents prepared or reviewed under this Section of the Zoning Law shall have the meaning as set forth in Article XIII, Section E.

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3. Certificate of Removal or Demolition or Certificate of Economic Hardship Required Prior to Issuance of Demolition Permit for Historic Building. a. No person shall carry out any removal or demolition of an historic building as defined in Article XIII, for which a demolition permit is required, without obtaining both a Certificate of Removal or a Demolition or Certificate of Economic Hardship from the Planning Board and a Demolition Permit from the Zoning Enforcement Officer. b. Where the Certificate of Removal or Demolition is required, every application for a demolition permit, including the accompanying plans and specifications, and the name, address and telephone number of the individual, contractor, or corporation, responsible for undertaking the proposed removal or demolition, shall be forwarded by the Zoning Enforcement Officer to the Planning Board within seven (7) calendar days of receipt of the application by the Zoning Enforcement Officer. c. The Zoning Enforcement Officer shall issue no permit for any activity regulated by this Section until the Planning Board has issued in the first instance a Certificate of Removal or Demolition or subsequently, upon request for review of the disapproval of such Certificate of Removal or Demolition, a Certificate of Economic Hardship. 4. Application Requirements for Certificate of Removal or Demolition and Planning Board Review Procedure. a. In all cases where a Certificate of Removal or Demolition is required, the applicant shall provide the Planning Board with the following information on the form prescribed by the Planning Board:

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

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

iii. Past 10 years’ chronology of the use, occupancy and ownership of the property; iv. Receipt for application fee, if any, as may be set forth on the Town’s Fee Schedule as
annually reviewed and established by the Town Board; and

v. Any other information specific to the removal or demolition required by the Planning
Board to make a determination on an application for a Certificate of Removal or Demolition, including data to demonstrate compliance with the "criteria for approval of a Certificate of Removal or Demolition" as set forth in below Section 5 of this Section. b. The Planning Board shall hold a public hearing within sixty-two (62) calendar days after receipt of an application completed in accordance with this Section. At the hearing, all interested persons shall be provided the opportunity to present their views. Notice of the public hearing shall both be sent by certified mail to adjacent property owners and all other property owners within two hundred (200) feet of the parcel for which the Certificate of

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Removal or Demolition is requested and published at least once in a newspaper of general circulation in the Town, i.e., the Town's official newspaper, at least ten (10) calendar days prior to the date of the public hearing. c. At the public hearing, the Planning Board may request and take testimony and entertain the submission of written evidence from any person including, but not limited to the following:

i. History of the environmental setting, use, occupancy and ownership of the property; ii. Engineering evaluation of the physical condition of the property; iii. The economic feasibility of rehabilitation or reuse of the historic building on the
property, including consideration of both uses permitted by right and those uses permitted upon issuance of a Special Use Permit by the Planning Board;

iv. The cost of the proposed removal or demolition; v. All appraisals obtained within the previous two years by the owner or applicant in
connection with the purchase, financing, or ownership of the property;

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

vii. Assessed value of the property according to the two most recent assessments; viii. Real estate taxes for the previous two years; ix. For income-producing property, the annual gross income from the property for the
previous two years, itemized operating and maintenance expenses for the previous two years, and depreciation deduction and annual cash flow before and after debt service, if any, during the same period;

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

xi. Any other information considered necessary by the Planning Board to make a
determination as to whether the property does yield or may yield a reasonable return to the owners. d. Using the criteria set forth in below Section 5 of this Section, the Planning Board shall act to approve, deny or approve with conditions the application for a Certificate of Removal or Demolition within sixty-two (62) calendar days after the conclusion of the public hearing except where such time shall be extended by mutual agreement of the Planning Board and the applicant. Such determination shall be in writing and accompanied by findings. Such findings shall seek to balance, to the extent practicable, the objectives of the applicant with broader issues that may be associated with the value of the historic building to the community's heritage. Within seven (7) calendar days following the determination, the applicant shall be sent, by registered mail, either a Certificate of Removal or Demolition in the case of an approval, or a written notice of denial in the case of disapproval. A copy thereof shall be provided to both the Town Clerk’s Office and the Zoning Enforcement Officer.

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

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

5. Criteria for review of application for certificate of removal or demolition of an historic
building. a. In reviewing an application for a Certificate of Removal or Demolition for an historic building, the Planning Board decision shall consider whether:

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

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

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

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

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

vi. Whether throughout the review process the applicant has consulted cooperatively with
the Planning Board, local preservation groups and other identified interested parties in a diligent effort to seek an alternative that will result in preservation of the historic building. b. In order to approve an application for a Certificate of Removal or Demolition for an historic building, the Planning Board shall find that one or more of the following criteria have been met:

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

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

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of the building outweigh any reasonable interest in preserving the building. The Planning Board shall further determine that the removal or demolition will not result in a significant avoidable diminution of the historic character of the community. c. If the Planning Board denies approval of the application for a Certificate of Removal or Demolition, the applicant may apply for relief, in accordance with the procedures set forth in Subsection 6 of this Section, on the grounds that the determination results in an economic hardship.

6. Application requirements and review procedure and criteria for approval of a certificate of
economic hardship. a. An applicant whose Certificate of Removal or Demolition has been denied may apply for a Certificate of Economic Hardship to obtain relief on the grounds set forth in this Section. Upon receipt of an application for relief in such form as the Planning Board may prescribe, the Planning Board shall, within thirty (30) calendar days thereafter, hold a public hearing and give notice in the same manner as required in above Section 4 (B). At the public hearing, all interested persons shall be afforded the opportunity to present their views. b. At the public hearing, the Planning Board may take testimony and entertain the submission of written evidence from the applicant and/or the public, including, but not limited to the following:

i. The cost of the proposed removal or demolition and an estimate of any other cost that
would be incurred relating to compliance with a Certificate of Removal or Demolition;

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

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

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

v. Assessed value of the property according to the two most recent assessments; vi. Real property taxes for the previous two years; vii. Form of ownership or operation of the property, whether sole proprietorship, for-profit
or not-for-profit corporation, limited partnership, joint venture, or other;

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

ix. Any other reasonable information considered necessary by the Planning Board in order
to make a determination as to whether the property does yield or may yield a reasonable return to the owners. c. To obtain a Certificate of Economic Hardship, the applicant must prove the existence of economic hardship by establishing that:

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

ii. The building cannot be adapted for any other use permissible under the Town’s
Zoning Law, whether by the current owner or by a purchaser, which would result in a reasonable return; and

iii. Reasonable efforts to find a purchaser interested in acquiring the property at fair
market value for rehabilitation and preservation have been made and have failed. d. The Planning Board shall take into consideration the economic feasibility of alternatives to removal or demolition, and balance the interest of the public in preserving the historic building or portion thereof and the interest of the owner in removing or demolishing it. e. The Planning Board shall render its written decision and findings within thirty (30) calendar days of the conclusion of the public hearing. In the case of an approval of the application for a Certificate of Economic Hardship, the Planning Board shall be empowered to impose reasonable conditions upon the applicant to insure that the activity is conducted consistent with the spirit and intent of this Section, including causing a dialogue with the applicant to insure to the extent practicable opportunity is made available for the historic building to be recorded and for salvageable architectural elements to be removed prior to demolition for use in the rehabilitation of other historic buildings. f. A copy of the decision shall be sent within seven (7) calendar days to the applicant by registered mail and a copy thereof filed with both the Town Clerk's Office and the Zoning Enforcement Officer.

7. Enforcement
All work performed pursuant to a Certificate of Removal or Demolition or Certificate of Economic Hardship issued under this Section shall conform to both any requirements included in Article X of this Zoning Law and those further requirements that may be imposed by the Zoning Enforcement Officer in the ensuing issuance of the Demolition Permit. It shall be the duty of the Zoning Enforcement Officer to inspect periodically any such work to assure compliance. In the event it is found that it is not being performed in accordance with the requirements of the Certificate of Removal or Demolition, the Certificate of Economic Hardship and/or the Demolition Permit, the Zoning Enforcement Officer shall immediately issue a stop work order and all work shall immediately cease. No further work shall be undertaken on the project as long as a stop work order is in effect.

8. Violations and penalties.
a. Violations of the provisions of this Section or violation of any application or statement submitted, certificate issued or permit approved under the provisions of this Section, or otherwise takes parts in or assists in the violation, shall be considered liable for an offense punishable in accordance with Article X of this Zoning Law. b. Other Remedies. The opportunity for citation of violations of the provisions of this Section and related imposition of the penalties herein prescribed for such offenses shall not preclude the Town or any person from instituting an appropriate legal action or proceeding in a court of competent jurisdiction to prevent either the unlawful removal or demolition of an historic building or the conduct of such work in a manner inconsistent with the

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requirements of both the Demolition Permit and the underlying Certificate of Removal or Demolition or Certificate of Economic Hardship, including the restraining of such activity by injunction. c. Role of the Town Attorney. The Town Attorney is authorized and directed to cooperate with the Zoning Enforcement Officer and institute any and all actions and proceedings necessary to timely enforce this Section. Any civil remedy pursued shall be in addition to and not in lieu of any criminal prosecution and penalty.

9. Taking of emergency action.
Nothing herein shall, however, be construed to prevent the demolition in whole or in part of any building which has been officially certified pursuant to Section 106 of the New York State Town Law by the Zoning Enforcement Officer or other appropriate Town authorities as being imminently dangerous to life or public health. In the event such demolition is authorized, the property shall be cleared and left in a manner that will neither have an adverse impact on any adjacent properties nor present a public danger.

CC. Affordable Housing.
1. Purpose and Intent
The Town of Rhinebeck recognizes that a full range of housing options are vital to the promotion of a diverse and balanced community and economy, schools and civic institutions. The Town also recognizes that it is essential that individuals with low and moderate incomes that work in the Town and/or provide volunteer services to the Town, must have opportunities to find housing that is affordable to them within the Town. The Town recognizes that the regional shortage of affordable housing adversely affects the quality of life of its residents and threatens to undermine the local economic and cultural diversity of the Town necessary to maintain a healthy tax base and adequate tax revenues in the face of escalating costs of local government. A sound affordable housing program aids in the recruitment and retention of local businesses and work force which are essential to the welfare of the own. The Town has determined that these purposes can be accomplished by providing dwelling units affordable to households with annual incomes either less than, equal to, or slightly above the area median income through affordable housing regulations and to insure that those units remain affordable in perpetuity. The Town Board, in recognition of this deficiency appointed an Open Space and Affordable Housing Committee which produced a "Town of Rhinebeck Open Space and Affordable Housing Implementation Plan" ("OSAHIP") dated August 2007. The OSAHIP has been incorporated in the Town's Comprehensive Plan, as an Appendix to be used as a guide in developing planning tools and implementation strategies. The regulations in this section strive to achieve these goals through a variety of methods, many of which have been suggested in the OSAHIP, and which include the following: a. Construction of inclusionary housing; b. Payment of a fee to a Community Trust Fund "in lieu" of the construction of inclusionary housing (see Article V, Section CC(4)(d)); c. Payment of an "Affordable Housing Fee" to a Community Trust Fund in lieu of the construction of affordable housing units (see Article V, Section CC(5)(d));

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d. Donations of land to the Town suitable for the construction of affordable housing units; e. Construction of affordable housing units at other locations within the Town; f. A combination of the above; and

g. The granting of density bonuses in certain cases in return for the construction of affordable housing units which exceed the basic requirements of these regulations, or in return for the construction of additional affordable housing units and a dedication of trails or open space to the Town to be used for public purposes. 2. Definitions. a. Affordable Housing Unit:

i. A unit having a sales price which shall not cost a household with income which is one
hundred (100%) percent or less of the Adjusted Median Family Income (AMI), more than thirty (30%) percent of its annual gross income.

ii. A rental unit which shall not cost a household with an income which is eighty (80%)
percent or less of the AMI, more than thirty (30%) percent of its annual gross income. Affordability levels and income guidelines shall be established by the Town Board working in conjunction with the Town's Affordable Housing Committee as provided hereinafter. b. Affordable Housing Committee. A Committee appointed by the Town Board in accordance with the provisions of Article V, Section CC(14) to assist in the administration of the Town's affordable housing program. c. Affordable Housing Fee. A fee paid to the Community Trust Fund which may be paid by applicants for development in certain zoning districts for residential subdivisions of four (4) or fewer lots or residential developments of four (4) or fewer units, in lieu of the construction of affordable housing units on site. d. Affordable Housing In Lieu of Fee. A fee paid to the Community Trust Fund which may be paid by applicants for development in certain zoning districts, as provided herein, for residential subdivisions of five (5) or more lots or residential developments of five (5) or more units, in lieu of construction of affordable housing units on or off site. e. Area Median Income (AMI). The median annual income figures adjusted for family size, calculated annually by the US Department of Housing and Urban Development (HUD) for the regional area which contains the Town of Rhinebeck (which are available through the Dutchess County Planning and Development Department). f. Community Trust Fund. A fund administered by the Town Board into which shall be deposited Affordable Housing Fees and Affordable Housing in Lieu of Fees, as provided herein, to be used for the purchase, support and/or development of affordable housing at locations within the Town, and to further the Town's affordable housing goals.

g. Inclusionary Housing Unit. An affordable housing unit built in conjunction with market rate housing. h. Affordable Housing Plan (Preliminary). A plan to be submitted to the Planning Board by the applicant for Subdivision or development, to be reviewed by the Planning Board and

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the Affordable Housing Committee in conjunction with the application, which describes how the proposed development or Subdivision will meet its affordable housing obligations. i. Affordable Housing Plan (Final). A plan approved by the Planning Board, in conjunction with the application for Subdivision or development, which prescribes how the proposed development or Subdivision will meet its affordable housing obligations. Income Categories. The following commonly defined categories of income clarification as a percentage of Area Median Income (AMI) shall be relied upon by this Section: Category Extremely Low Income Very Low Income Low Income Moderate Income Income Range Less 30% of AMI 31% – 50% of AMI 51% - 80% of AMI 81% - 120% of AMI

j.

3. Procedure for Determining Affordable Housing Requirements for Residential Development and Subdivision Applications. a. Affordable Housing Plan. Each application submitted to the Planning Board for a residential development and/or Subdivision approval shall include a Preliminary Affordable Housing Plan. The submitted plan should address: (i) the number, type, size and income category target for each affordable unit; (ii) the applicant's plan for construction of inclusionary affordable housing units, including a phasing plan if the development of those units are to be phased; (iii) a description of how the applicant intends to meet its affordable housing obligations (e.g. by on site construction, by off site construction, by payment In Lieu of Affordable Housing Fees, by payment of Affordable Housing Fees, etc.); (iv) if the applicant intends on applying for density bonuses, a description of the density bonuses applied for, and the manner in which the applicant intends to meet the eligibility requirements for density bonuses; (v) the acquisition costs of the property, and the proposed construction costs for infrastructure and unit development; and (vi) any other documentation or information which the Planning Board determines it, and/or the Affordable Housing Committee, will require to evaluate the plan. b. Determination of Requirements of Affordable Housing Plan. The Planning Board, together with the Affordable Housing Committee, shall meet with the applicant prior to any sketch plan or conceptual approval of the Subdivision or development project to review the Preliminary Affordable Housing Plan, and shall determine what additional documentation, information and/or materials must be included in the Plan. c. Referral to Affordable Housing Committee. The Planning Board, after acceptance of the Preliminary Affordable Housing Plan as complete for review shall refer the Plan to the Affordable Housing Committee for its review, in accordance with procedures for that Committee established by the Town Board.

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d. Recommendation of Affordable Housing Committee. The Affordable Housing Committee shall review the Affordable Housing Plan with the applicant and after its review of the Plan, shall make a recommendation for: (i) denial; (ii) approval; or (iii) approval with modification of the Plan to the Planning Board, within 45 days of the referral to the Committee or, if additional documentation or information is required by the Committee to make its recommendation, within 45 days of submission of all requirement documentation or information to the Committee. If the Committee requires additional time to conduct its review, it may request such additional time from the Planning Board. Unless the Affordable Housing Committee requests, and is granted additional time for its review, in the event the Committee fails to act within the 45 day period (or within any extended period), the Committee's recommendation shall be deemed to be a recommendation of approval of the Affordable Housing Plan. e. Approval of Final Affordable Housing Plan. The Planning Board shall, at the time of final approval of the application before it, approve the Final Affordable Housing Plan. A copy of the Final Affordable Housing Plan shall be filed with the Planning Board Clerk, and in the Office of the Town Clerk, within five (5) business days of the Planning Board's approval of the application. f. Notation on Approved Plat. The Planning Board shall require the applicant to include a notation on the Final Subdivision Plat, or Site Plan, as the case may be, the affordable housing requirements of the applicant in conjunction with the development or Subdivision. The notation shall also make reference to the Final Affordable Housing Plan.

g. Deed Restrictions. The requirements of the Final Affordable Housing Plan shall also, where appropriate, be recorded in deeds transferring title of the property in accordance with Article V, Section CC(9)(c). h. Violations. Any violations of the provisions of the Final Affordable Housing Plan by the applicant shall be deemed to be a violation of the Subdivision, Site Plan and/or Special Permit approval, as the case may be. Such violations may be addressed by the Town pursuant to the provisions set forth in Article X of this Zoning Law. In addition, any such violation may, after the conduct of a public hearing, and notice to the applicant, be grounds for rescission of the Subdivision, Site Plan and/or Special Permit approval granted by the Planning Board to the applicant. i. Other Procedures Prescribed by the Town Board. The Town Board shall prescribe such other procedures and requirements as it deems necessary for the submission and approval of the Affordable Housing Plan.

4. Affordable Housing Requirements for New Residential Developments and Subdivisions of Five (5) or more Units or Lots. a. Inclusionary Percentage. Twenty (20%) percent of the total units in any such development or Subdivision must be affordable housing units, as that term is defined herein. Resulting fractional obligations shall be rounded down, or up, to the nearest whole number. (For example, 20% of a 12 unit Subdivision equals 2.4 which is rounded down to 2 units and 20% of a 13 unit development equals 2.6 which is rounded up to 3 units.) b. Mandatory Inclusionary Construction. Applicants for such developments or subdivisions

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in the VG, TND or Senior Housing Floating Districts shall meet their affordable housing requirements only by construction of the affordable housing units within the development or Subdivision. c. Alternatives for Development in Other Districts. Applicants for such residential developments or subdivisions in any other district may, at their option, subject to the approval of the Planning Board, meet their affordable housing obligations as follows: i. By building the affordable housing units on site; or

ii. The Town Board may accept, in its sole discretion, donations of land in fee simple on or off site which the Town Board determines, in its sole discretion, is suitable for the construction of inclusionary housing units. The value of the donated land shall have a value equal to, or greater than, the cost of construction of inclusionary housing units on site. The Town Board may require, prior to accepting such land in satisfaction of the requirements of this subsection, that the applicant submit appraisals of the land in question, as well as other documentation and data relevant to the determination of equivalent value; or iii. By payment of an Affordable Housing In Lieu of Fee as set forth in Article V, Section CC(4)(d) to the Community Trust Fund; or iv. By construction of affordable housing units at another project site elsewhere in the Town; or v. By utilizing a combination of (i) through (iv). d. Affordable Housing In Lieu of Fee. The Affordable Housing In Lieu of Fee shall be determined by the Town Board and set forth in a schedule contained in a local law. The schedule shall be developed by the Town Board, in consultation with the Affordable Housing Committee and Planning Board. The schedule created by the Town Board shall take into account the recommendations contained in the OSAHIP. The Town Board shall review and, if necessary, update the schedule each year. The In Lieu of Fees to be paid by the applicant shall be set by the Planning Board, and included in the Final Affordable Housing Plan. The In Lieu of Fee shall be paid at the time of final approval of the application. Alternatively, the applicant may elect to pay the In Lieu of Fee at the time of the application for the first building permit in conjunction with a residential development or Subdivision, or at the time of the sale of the first lot or lots within the Subdivision, whichever shall occur first. If payment is not made within a period of two (2) years after final approval by the Planning Board of the application, the Planning Board shall recalculate the In Lieu of Housing Fee utilizing the then current schedule of the Town Board. In no event, however, shall payment of the fee be deferred for more than three (3) years after final approval of the application. e. Density Bonuses. i. For Additional Affordable Units. The Town Board may enact, by local law, a density bonus system in prescribed districts whereby density bonuses are awarded to applicants based upon a sliding scale proportionate to the amount of additional affordable housing provided beyond the twenty (20%) percent base obligation.

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ii. Density Bonuses for Targeting Lower Income Individuals. The Town Board may also enact by local law in prescribed districts a system of density bonuses in prescribed districts for developments or subdivisions which provide a significant number of affordable housing units in addition to the base affordable housing unit requirement, which are set aside for households earning up to fifty (50%) percent of the AMI. iii. Density Bonuses for Additional Affordable Units Combined with Public Trails and/or Open Space. The Town Board may also, by local law in prescribed districts, provide for a system of density bonuses for developments that include, in addition to additional construction affordable housing units beyond the base requirements, as required by this section, trails and open space accessible to the public. iv. Developmental Procedures. These density bonus systems shall be developed by the Town Board with due consideration of the recommendations contained in the OSAHIP, and after consultation with the Affordable Housing Committee, and the Planning Board. The Density Bonus systems shall be reviewed, and if necessary amended, by the Town Board on an annual basis. Such review and amendment process shall include consultation with the Affordable Housing Committee and Planning Board. 5. Inclusionary Housing Requirements for New Developments and Subdivisions of Four (4) or Fewer Units or Lots. a. Construction of Affordable Housing Units in the VG, TND or Senior Housing Floating District. For any such residential development in the VG, TND or Senior Housing Floating District, twenty (20%) percent of the total units in such development or Subdivision shall be affordable housing constructed on site. b. Construction of Affordable Housing Units in Other Districts. For any such residential development in any other district, the applicant may meet his affordable housing requirements by construction of the twenty (20%) percent affordable housing units on site, or alternatively, by paying an Affordable Housing Fee as set forth below. c. Affordable Housing Fee. The Town Board shall determine the Affordable Housing Fee for developments by local law utilizing a graduated fee schedule with due consideration of the recommendations set forth in the OSAHIP. The fee schedules shall be developed by the Town Board after consultation with the Affordable Housing Committee and Planning Board, and shall be updated by the Town Board on a periodic basis, but no less than every two (2) years. The fee schedule shall be a graduated fee schedule increasing with the size of the Subdivision or development. For subdivisions, the fee shall be based on the fair market value of the land. For developments, the fee shall be based upon the total estimated fair market value of the development as completed. The Fee Schedule shall be determined in consideration of the recommendations set forth in the OSAHIP. The Town Board shall, at the time it develops the fee schedule, prescribe procedures to be followed for the imposition of the fee on a case by case basis and the payment of those fees. 6. Affordable Housing in the TND District. a. Mandatory Development. All developments within the TND District shall provide inclusionary affordable housing dwelling units equal to no less than twenty (20%) percent

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of the total lots or dwelling units in the TND Development Proposal. b. Place of Construction. The required inclusionary dwelling units shall be provided within the proposed TND development or at another location within the TND District approved by the Planning Board. c. Mix of Housing Sizes. Inclusionary dwelling units shall include a mix of housing sizes as follows: i. No less than twenty (20%) percent of the units shall contain three (3) bedrooms;

ii. No more than twenty (20%) percent of the units shall contain one (1) bedroom; and iii. The remaining units shall contain a minimum of two (2) bedrooms. d. Applicable Households. Fifty (50%) percent of the required inclusionary affordable dwelling units shall be affordable to households earning less than fifty (50%) percent of the AMI and fifty (50%) percent of the required inclusionary affordable dwelling units shall be affordable to households earning between fifty (50%) percent and one hundred (100%) percent of the AMI. e. Minimum Floor Areas. Inclusionary affordable units shall meet the following minimum floor areas criteria: i. Studio, 500 sq. ft.

ii. 1 bedroom units, 750 sq. ft. iii. 2 bedroom units, 950 sq. ft iv. 3 bedroom units, 1,150 sq. ft. f. Conflicts with TND District Regulations. If there are any conflicts between the developmental standards of Article V, Section CC(6) and Article VIII (TND District Supplementary Regulations), the provisions of Article VIII shall govern.

7. Village Gateway and Senior Housing Floating Districts. a. Mandatory Development. All subdivisions and developments within the VG, and Senior Housing Floating Districts shall provide affordable housing units on site equal to twenty (20%) percent of the project's total lots or units. b. Options for Meeting Inclusionary Housing Requirements. Developers in the VG and Senior Housing Floating Districts shall meet their inclusionary housing requirements by following either option A or option B, subject to the approval of the Planning Board, as follows: Option A: i. Market rate or conventional single family homes shall be permitted on lots no less than 6,000 sq. ft.

ii. For a Subdivision or development or five (5) or more lots or units, the inclusionary dwelling units may be produced in the following forms: (a) Single family units on lots of no less than 6,000 sq. ft.; or

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(b) Two family units on lots no less than 6,000 sq. ft; or (c) Multi-family units on lots no less than 10,000 sq. ft. Option B:

i. Construction of Town Homes or Row Houses at a maximum density of six (6) units per acre on lots of a minimum of two (2) acres in size. ii. No development of less than five (5) units shall be permitted under Option B.
c. Inconsistency. In the event that any of the development provisions in Article V, Section CC(7) are inconsistent with the provisions of Article VI, Section D(37) (Senior Citizen or Elderly Housing Development), the provisions of Article VI, Section D(37) shall prevail. 8. Affordable Housing Units and Accessory Dwelling Construction. The Town Board shall by local law, in consultation with the Affordable Housing Committee and Planning Board, adopt rules for the requirements for Affordable Housing Units and Accessory Dwelling Units by conversion or new construction, as provided in Article VI, Section D(5)(h). 9. Development Standards for All Inclusionary Units. a. Integration of Inclusionary Units. All affordable housing units shall be physically integrated into the design and development, and constructed with the same quality building materials as the market rate units. b. Dwelling Unit Type and Size. Affordable housing units may be located in multi-family, single family attached or single family detached dwellings and may be studio, one, two, three or four bedroom units, except as otherwise specified herein in this law. c. Design of Affordable Units. Structures containing the affordable dwelling units are subject to the following design standards: i. Affordable housing units shall be designed in a manner that resembles from the exterior, the market rate homes, including any conventional single family homes in the development.

ii. On the interior, affordable townhouse or multi-family units shall contain appropriate unit separations and means of access. Separations between units and access to individual units in one, two or three bedroom family units shall be on the interior of the structure. iii. The Town Board may enact by local law or resolution such other development and design requirements for the construction of affordable housing units after consultation with the Affordable Housing Committee and Planning Board. d. Green Design Principles. Green design principles shall be employed whenever possible and feasible, and in accordance with Article V, Section AA. e. Phasing. For all phased developments, the construction of required affordable housing units shall occur proportionately with the construction of the market rate units in the development in the following matter:

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i. No Certificates of Occupancy for affordable housing units are required to be obtained prior to the time twenty (20%) percent of the project's total units receive Certificates of Occupancy.

ii. Twenty-five (25%) percent of the required affordable housing units must be issued Certificates of Occupancy by the time forty (40%) percent of the project's total units have received Certificates of Occupancy. iii. Sixty (60%) percent of the required affordable housing units must be issued Certificates of Occupancy by the time sixty (60%) percent of the project's total units have received Certificates of Occupancy. iv. Ninety (90%) percent of the required affordable housing units must be issued Certificates of Occupancy by the time eighty (80%) of the project's total units have received Certificates of Occupancy. v. One hundred (100%) percent of the required affordable housing units must have received Certificates of Occupancy by the time one hundred (100%) percent of the project's total units have received Certificates of Occupancy. f. Waiver of Recreation Fee and Other Requirements. When a recreation fee is required in lieu of an approved reservation of recreation lands pursuant to §277 of the Town Law, the Planning Board shall calculate such fee based upon the total number of lots, exclusive of those which are affordable housing units.

10. Determining Applicant Eligibility. a. Income Limits. i. To be eligible to purchase an affordable housing unit, the household's aggregate annual income shall not exceed one hundred (100%) percent of the AMI for owner occupied units.

ii. To be eligible to rent an affordable housing unit, the household's aggregate annual income shall not exceed eighty (80%) percent of the AMI for owner occupied units. b. Other Assets. The Town Board may provide by local law or resolution after consultation with the Affordable Housing Committee and Planning Board, such additional requirements for eligibility for purchase or rent of an affordable housing unit, including a limitation on family assets, and minimum income requirements to be eligible for affordable housing rental or purchase. c. Selection Priorities. Once an applicant is determined to be eligible to participate in the affordable housing program, based upon the above income limits, priorities shall be given to applicants who are residents of, or employed within, the Town or Village of Rhinebeck. For purposes of this section, an "applicant" shall be defined to include any and all family members who have reached the age of majority and who will occupy the affordable housing unit as his or her primary residence. The Town Board shall establish by local law or resolution a point system which shall determine the priority of an applicant, based upon an assignment of points for specific criteria such as membership in the volunteer fire department or ambulance corps serving the Town of Rhinebeck; paid emergency service personnel serving the Town; Town of Rhinebeck municipal employees; Rhinebeck school

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district employees; veterans; persons employed in the Town of Rhinebeck; and residents of the Town of Rhinebeck for a period of no less than three (3) years. This ranking system shall be developed by the Town Board in consultation with the Affordable Housing Committee, and the Planning Board. The ranking system criteria shall be reviewed periodically and amended, if necessary, by the Town Board, but no less than every two (2) years. d. No Eligible Applicants. In the event that there are no eligible applicants for affordable housing by application of the selection criteria, the Town Board may provide by local law or resolution, after consultation with the Affordable Housing Committee and Planning Board, for the rental of the affordable housing unit on a temporary basis at market rate. 11. Initial Sale and Resale of Affordable Housing Units. a. Calculation of Initial Sales Price. Maximum sales price shall be set by a schedule prepared by the Town Board by local law or resolution and reviewed, and amended, as necessary on an annual basis after review of relevant information that may be provided by federal, state and county housing agencies, as well as the Town Board, Planning Board and Affordable Housing Committee. The initial sales price of a unit shall be calculated such that the annual cost of the sum of mortgage principal and interest, taxes and insurance and common charges, as applicable, shall not exceed thirty (30%) percent of the maximum family income allowed for such unit as provided in this Section. Maximum sale prices shall be established in a manner to insure that eligible households shall have sufficient income to qualify to purchase such units. b. Resale of Affordable Housing Units. The Town Board shall establish, by local law or resolution, procedures for the resale of the affordable housing to insure that the units remain affordable in perpetuity while allowing for a limited equity appreciation for the homeowner. In developing these procedures and criteria, the Town Board shall consult with the Planning Board and the Affordable Housing Committee and shall give due consideration to the recommendations contained in the OSAHIP. c. Deed Restrictions. The original deed and any subsequent deeds or instruments used to transfer title to an affordable housing unit shall include a provision indicating that the housing unit is an affordable housing unit in perpetuity subject to restrictions on occupancy and resale. The language to be employed in such deed shall be established by the Town Board by local law or resolution after consultation with the Planning Board and Affordable Housing Committee. 12. Initial Lease and Renewals of Affordable Housing Rental Units. a. Calculating permissible rent. Maximum monthly rent, including utilities (such as heat, hot water and electric), shall be set by local law or resolution of the Town Board after consultation with the Affordable Housing Committee and Planning Board for each type of rental unit (studio, 1 bedroom, 2 bedroom, etc.), for each household size, and shall be amended from time to time after review of relevant information that may be provided by federal and state housing departments, development community and the Affordable Housing Committee and Planning Board. Rent for an affordable housing unit shall include an estimated cost for utilities and shall not exceed thirty (30%) percent of the maximum family income allowed for such unit. Maximum rent shall be set in such a

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manner that the eligible households with have sufficient income to qualify to rent such units. b. Lease Terms and Renewal. Applicants for affordable housing rental units shall, if eligible and selected for occupancy, sign leases for an initial term of one year. As long as the household remains eligible and has complied with the terms of the lease, the household shall be offered a one-year renewal every year. If at the time of renewal the household's annual gross income exceeds the maximum income limit as set by the Town Board, such household shall be offered a market rate rental unit in the development, if available. If no such unit is available at a rental price that the household can afford, the household may renew the lease at the affordable housing rental rate for one more year, subject to the condition that should a market-rate unit become available, the household shall be required to move to such unit. At the end of the lease for such additional year, the household shall have no further right to reside in the affordable housing unit at the restricted affordable housing rent. At that time, the landlord shall have the option of increasing the rent of the unit to a market rate, provided that the landlord makes a comparable unit available to another eligible household at the restricted affordable housing rental rate. c. Town Board Review. All lease terms shall be reviewed and approved periodically by the Town Board in consultation with the Affordable Housing Committee and Planning Board. d. Additional Criteria and Procedures. The Town Board shall prescribe such additional procedures and criteria, by local law or resolution for the lease and renewals of affordable housing rental units as in its discretion it determines appropriate after consultation with the Planning Board and Affordable Housing Committee. 13. Maintenance, Upkeep and Repairs. a. Satisfactory Maintenance. All affordable housing units shall be maintained in a satisfactory manner as prescribed by the Town Board and/or by the Affordable Housing Committee. Neither owners nor renters of affordable housing units shall make any improvements which require a building permit without prior written permission from the Town Board or Affordable Housing Committee. Under no circumstances shall the Town Board or any agency or department approve any addition in size to the structure. The original square footage of the unit shall be maintained throughout the unit's existence. b. Builder's Specifications. All affordable housing units shall be maintained at least at the original builder's specifications level. At the time of resale, the Town Board may determine that the unit has not been properly maintained and shall be authorized to impose such assessments as necessary to reasonably return the unit to its original condition. Said assessment shall be deducted from that portion of the selling price reverting to the seller of the unit. 14. Period of Affordability. All affordable housing units shall remain affordable in perpetuity. 15. Tax Assessment. The Town Assessor shall consider the limited resale value of affordable housing units when determining the appropriate assessment on such units.

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16. Incorporation of Conditions of Approval. Any Special Permit, Site Plan or Subdivision approval involving the creation of affordable housing under this Article shall include specific conditions referencing the requirements of this section. These requirements shall also be set forth in the Final Affordable Housing Plan and on any approved and filed Site Plan and/or Subdivision plat. 17. Administration. The Town Board shall appoint an Affordable Housing Committee (which may be the Open Space and Affordable Housing Commission, as recommended by the OSAHIP) to assist in the administration of the affordable housing program. The Town Board may also hire staff or contract with Dutchess County or a qualified not-for-profit organization, government agency, or private consultant to administer all or a portion of the affordable housing program under the direction and oversight of the of the Town Board and the Affordable Housing Committee. The responsibilities and duties of the Affordable Housing Committee shall include, but shall not necessarily be limited to the following: a. Review Preliminary Affordable Housing Plans, and making of recommendations to the Planning Board. b. Maintain eligibility priority list, annually certify and re-certify applicants. c. Establish lottery procedures for selecting applicants that have equal priority. d. Assist Town Board/Planning Board in determining and reviewing applications to build affordable housing units. e. Recommend annual maximum income limits; rental prices; resale values f. Review certification from owners and lessors of rental units certifying that units are occupied by eligible families.

g. Maintain list of all affordable housing units in the Town. h. Review all deed restrictions for affordable housing units. i. j. Review all lease terms for affordable housing units. Promulgate rules and regulations as necessary.

k. Such other and additional responsibilities and duties as are specified in additional regulations and procedures established by the Town Board. l. Consult with, and provide recommendations to, the Town Board in enacting all additional local laws and/or resolutions as are referred to in this Section.

18. Applicability of these Conditions. Provisions of this Section shall not become effective until the Town Board has: a. Adopted the local laws, resolutions, procedures, criteria and programs as specified in this Section for the administration of the Affordable Housing Program; b. Appointed an Affordable Housing Committee; and

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c. Passed a Resolution certifying that the Town is prepared to administer the provisions of this Section. Applicants shall, however, be required to submit plans showing compliance with this Section in anticipation of its applicability prior to the term their applications receive final approval. If at the time of final approval of an application the Town Board has not certified the Town's readiness to administer this program, applicants shall be exempt from the requirements of this Section. Any application for a Subdivision which has received preliminary approval, or any application for a Site Plan or Special Permit which has received final approval, at the time of the enactment of this Zoning Law, shall be exempt from the requirements of this Section.

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Article VI.

Special Use Permit Requirements

A. Intent and Purposes.
Special Use Permits are intended to allow for uses which are considered on their individual merits and circumstances and which may be permitted in the applicable zoning district, provided that such uses do not adversely affect the neighborhood including the natural environment, and the rural, scenic and historic character. Such Special Uses are permitted only upon issuance of a Special Use Permit by the Planning Board and only after an evaluation is made of the compatibility of the proposed use with surrounding uses, the suitability of the use to the site, and whether it is in harmony with the Zoning Law, Comprehensive Plan, Greenway Guidelines, and if applicable, the Local Waterfront Revitalization Program. All Special Permit Uses cited in the “District Schedule of Use Regulations,” in Article III of this Zoning Law, shall be subject to review and approval by the Planning Board in accordance with Section 274-b of the Town Law and the general objectives, requirements and procedures included herein. In all cases where this Zoning Law requires such Special Use Permit authorization by the Planning Board, no Building Permit or Certificate of Occupancy shall be issued by the Code Enforcement Officer except upon authorization of and in full conformity with plans approved and requirements or modifications imposed by the Planning Board. In accordance with the “District Schedule of Use Regulations,” most uses requiring the issuance of a Special Use Permit are additionally subject to Site Plan review and approval, as described in Article VII of this Zoning Law. Accessory uses or structures used in connection with a Special Use Permit shall be subject to the same approval requirements as the principal structure or use. In authorizing any Special Permit Use, the Planning Board shall take into consideration the public health, safety, and general welfare, and the comfort and convenience of the public in general. The intent of the regulations is to ensure that the development and use of individual parcels is in harmony with the Zoning Law and will not have an adverse effect on adjacent lands, the immediate neighborhood, or on the character of the community. Such regulations are designed to: 1. Protect the community from traffic congestion and conflicts, flooding, and excessive soil erosion, unnecessary noise, lighting and odors, wasteful energy use and other forms of pollution; 2. Protect the community from inappropriate design and other matters of scenic and aesthetic significance; 3. Ensure that the proposed use will be in harmony with the appropriate and orderly development of the district in which it is proposed; 4. That its impacts can be mitigated by compliance with reasonable conditions; 5. Ensure that new development conforms with the Town’s planning goals and objectives as expressed in the Comprehensive Plan. The Planning Board may require modifications to development proposals, submission of alternative design and layout proposals, and may attach reasonable conditions and safeguards to eliminate or minimize potential impacts as a precondition of its approval of a Special Use Permit.

Special Use Permit Requirements

B. Special Use Permit Application Procedures.
The Planning Board shall review and act on all Special Use Permit applications in accordance with the procedures specified herein: 1. Application and Fee. All Special Use Permit applications are made to the Zoning Enforcement Officer (ZEO) in writing, on forms, and in accordance with the review procedures prescribed by this Section of the Zoning Law. In the event that the Zoning Enforcement Officer determines that the application meets all of the requirements of the Zoning Law, the application shall be forwarded by the ZEO to the Planning Board for further review in accordance with the provisions of the Zoning Law and/or Subdivision Regulations. In the event the ZEO finds that the application does not comply in one or more respects with the provisions of the Zoning Law, the application shall be denied by the ZEO, with leave to appeal the ZEO's determination to the Zoning Board of Appeals in accordance with the provisions of Article XI of this Zoning Law. In order to be considered complete, a Special Use Permit application shall be accompanied by the following: a. A preliminary Site Plan which demonstrates the overall site layout and building locations, parking areas, access and egress locations, setbacks and buffer areas, lighting, landscaping, stormwater management, signage, natural and cultural resource information as required herein, and the location and extent of existing development on adjacent parcels. b. Preliminary building plans and elevations illustrating proposed building construction and alteration, including an indication of exterior materials, textures and colors. c. Payment of the applicable fees in accordance with the Town’s fee schedule, established and annually reviewed by the Town Board, and with the escrow fee requirements found in Article XIV. d. Either a Short or Full Environmental Assessment Form (EAF), as required by SEQR, Article 8 of the New York State Environmental Conservation Law and Title 6 Part 617 NYCRR. All applications made for lands within or contiguous to the Hudson River National Historic Landmark District, the Town of Rhinebeck National Register of Historic Places Multiple Resource District, or any building, structure or site listed individually on the State or National Register of Historic Places shall require the submission of a Full EAF. Such lands are illustrated in the Town Comprehensive Plan, but applicants are on notice that additional properties in the Town may be listed on the State or National Register of Historic Places subsequent to adoption of the Comprehensive Plan. See Article VII, Section E(2)(b) and (c) for additional information that may be required under SEQR. e. Any other information deemed necessary by the Planning Board to explain the nature of the proposed use, its potential environmental impacts under SEQR, and its consistency with the standards established by this Zoning Law for Special Permit Uses. 2. Public Notice and Hearing. The Planning Board shall, within sixty-two (62) calendar days of the receipt of the complete application, conduct a public hearing on any such Special Permit application. The Planning Board, by resolution at a stated meeting, shall fix the place, date, and time of the public hearing. The Planning Board shall provide a copy of this notice of said hearing to the applicant, and at which hearing, he or she shall appear in person or by agent. The Board shall additionally provide notices as follows. All notices and mailings shall be paid

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for by the applicant: a. By publishing at least five (5) calendar days prior to the date thereof a legal notice in a newspaper of general circulation in the Town, b. Notice shall be posted on the bulletin board of the Town Hall at least five (5) days prior to the date of the hearing and, if practical, posted on the Town of Rhinebeck website, c. By requiring the Secretary of the Planning Board to provide notice of the public hearing and data regarding the substance and location of the Special Use Permit application to the owners of all property abutting that held by the applicant and all other owners within three hundred (300) feet of the exterior boundaries of the land involved in such application or such additional distance as the Planning Board may deem advisable, or as otherwise required to by State law. Such notice shall be by ordinary mail, and, at the discretion of the Planning Board, the Secretary of the Planning Board or the applicant, shall furnish proof of compliance with the notification procedure, all costs required and fees assessed by the Secretary of the Planning Board to be borne by the applicant. Notice shall be mailed at least ten (10) calendar days prior to the hearing, with compliance with the notification procedure certified to by the Secretary. d. By requiring the Secretary of the Planning Board to provide notice of the public hearing and data regarding the substance and location of the Special Use Permit application to all Involved Agencies under SEQR at least ten (10) calendar days prior to the hearing. e. If the land involved lies within five hundred (500) feet of a farm operation located in a New York State Agricultural District, such owners shall be sent at least ten (10) calendar days prior to the public hearing, an Agricultural Data Statement on forms supplied by the Town of Rhinebeck and prepared by the applicant. f. If the land involved in the application lies within five hundred (500) feet of the boundary of any other municipality, the Secretary of the Planning Board shall also mail at least ten (10) calendar days prior to the public hearing to the municipal clerk of such other municipality or municipalities a copy of the notice of the substance of every application, together with a copy of the official notice of such public hearing.

g. The names and addresses of owners notified shall be taken as such appear on the last completed tax roll of the Town. h. Provided that there has been substantial compliance with these provisions, the failure to give notice in exact conformance herewith shall not be deemed to invalidate an action taken by the Planning Board in connection with granting or denying a Special Permit application. 3. Agency and Consultant Review. In its review, the Planning Board may consult with the Town Code Enforcement and Zoning Officers, the Superintendent of Highways, the Conservation Advisory Council, the Town Historian, other local and county officials and its designated private planning and engineering consultants, in addition to representatives of County, State and Federal agencies including but not limited to the Dutchess County departments of Health, Public Works, Planning and Development, the New York State departments of Transportation, Health, Agriculture and Markets, Office of Parks, Recreation and Historic Preservation, Secretary of State, and Environmental Conservation, and the US Army Corps of Engineers,

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US Fish and Wildlife Service, and US Department of Agriculture’s Natural Resources Conservation Service. 4. Required Referral. A full statement of any Special Use Permit application, including all applicable SEQR documentation, that meets the referral requirements of Sections 239(l) and 239(m) of the General Municipal Law shall be referred prior to the public hearing to the Dutchess County Department of Planning and Development for its review. No action shall be taken by the Planning Board on such application until an advisory recommendation has been received from said county Department of Planning and Development or thirty (30) calendar days have elapsed since the Department received such full statement. In the event that the Dutchess County Department of Planning and Development recommends disapproval of the proposal or recommends modification thereof within such time period or at a later date prior to final action by the Planning Board, the Planning Board shall not act contrary to such disapproval or recommendation except by a vote of a majority plus one (1) of all the members after the adoption of a resolution fully setting forth the reasons for such contrary action. Within thirty (30) calendar days after such final action, the Planning Board shall file a report of the final action it has taken with the County Department of Planning and Development. 5. Waiver of Requirements. The Planning Board may waive any specific requirements set forth in Article VI(D) of this Zoning Law for the approval of a Special Use Permit. The grant of any such waiver shall be accompanied by a written finding that compliance with the requirements is either not requisite in the interest of the public health, safety and general welfare or inappropriate to the particular Special Permit Use. The Planning Board may, in granting waivers, incorporate such reasonable conditions as will, in its judgment, substantially secure the objectives of the requirements so waived. No waiver or modification may be deemed approved or granted by implication. All waivers and modifications must be expressly set forth in the findings of the Planning Board. 6. Area Variances. Where a proposed Special Use Permit contains one or more features which do not comply with the Special Use Permit regulations, application may be made to the Zoning Board of Appeals for an area variance pursuant to Article XI of the Zoning Law, without the necessity of a decision or determination of the Zoning Enforcement Officer. 7. Decisions. Every decision of the Planning Board with respect to a Special Use Permit application shall be made by resolution within sixty-two (62) calendar days of the close of the public hearing, which resolution shall clearly state the decision, including findings, and any modifications attached thereto. The time within which the Planning Board shall render its decision may be extended by mutual consent of the applicant and the Board. Each such decision shall be filed in the Office of the Town Clerk within five (5) business days after such decision is rendered and a copy thereof shall also be mailed to the applicant. No time periods for decision-making in this Subsection shall begin to run until the Lead Agency has either accepted a Draft Environmental Impact Statement as complete or adopted a Negative Declaration under SEQR. 8. Reimbursable Costs. Reimbursable costs incurred by the Planning Board for private consultation fees or other extraordinary expense in connection with the review of a Special Use Permit application shall be charged to the applicant in accordance with Article XIV of the Zoning Law. Maximum amounts for such reimbursable costs by project type and size shall be in accordance with the fee schedule established and annually reviewed by the Town Board. Such

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reimbursable costs shall be in addition to any fees required herein. 9. Effect of Special Use Permit Approval. a. In addition to compliance with all other applicable Sections of this Zoning Law, and all other local, County and State laws, rules and regulations, no Building Permit shall be issued for any structure regulated by this Section until such Special Use Permit has received Planning Board approval and a copy of a resolution to that effect has been presented to the Code Enforcement Officer. b. No certificate of Occupancy shall be issued for any structure or use of land covered by this Section until the structure is completed or the land developed in strict accordance with the Planning Board resolution of Special Permit approval and other applicable requirements of this Zoning Law. c. Any use for which a Special Permit may be granted shall be deemed a conforming use in the district in which it is located provided that such Permit shall be deemed to affect only the lot or portion thereof for which such Permit has been granted. d. The Planning Board may require in its resolution of approval that a Special Use Permit be renewed periodically. Such renewal may be withheld only after public hearing and upon specific determination by the Planning Board that such conditions as may have been prescribed in conjunction with the issuance of the original Permit have not been, or are no longer being, complied with. If the Code Enforcement Officer finds a violation of the Special Use Permit, he or she may refer the application to the courts or to the Planning Board for further proceedings. In such cases, a period of sixty (60) calendar days shall be granted for full compliance by the applicant prior to revocation of the Special Use Permit. e. A Special Use Permit shall expire if the use or uses cease for more than two (2) years for any reason, if the applicant fails to obtain the necessary Building Permits, fails to comply with the conditions of the Special Use Permit, or if the time limit imposed on certain Special Uses expires without renewal. f. The granting of a Special Use Permit in the Flood Fringe Overlay (FF-O) District shall not be held to constitute a representation, guarantee or warranty of any kind by the Town of Rhinebeck or by any official or employee thereof, or consultant thereto, regarding the practicability or safety of any structure or use or the proper functioning of the proposed facilities and plans and shall not be held to create a liability upon, or cause of action against, such public body, official or employee for any damage that may result pursuant to such development or use.

10. Expiration of Special Use Permit. A Special Use Permit shall be deemed to authorize only the particular use or uses expressly specified in the Permit and shall expire if the Special Use Permit activity is not commenced and diligently pursued within six (6) calendar months of the date of issuance of the Special Use Permit. Upon prior written request to the Planning Board, the time period for initiation of the Special Permit Use may be extended for a maximum period of one (1) calendar year from its otherwise specified termination date. The Planning Board may hold a public hearing prior to granting any extensions. 11. Revocation of Special Use Permit. In all instances, including those cited in Subsection B(9)(d) above, a Special Use Permit may be revoked by the Planning Board, after public hearing, if it is

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found and determined that there has been a substantial failure to comply with any of the terms, conditions, limitations and requirements imposed by said Permit. 12. Amendments to Special Use Permits. The terms and conditions of any Special Use Permit may be amended in the same manner as required for issuance of a Special Permit, following the criteria and procedures of this Subsection. 13. Integration of Procedures. Whenever a particular application requires both the consideration of a Special Use Permit and Site Plan review and approval by the Planning Board, the Planning Board shall integrate, to the extent practicable and consistent with applicable law, Special Use Permit review, as required by this Section, with the Site Plan review and approval process. Such integration of procedures may require, upon mutual written consent of the Planning Board and applicant reasonable modification of the time schedules otherwise stated in this Section or in Article VII, as related to Site Plan review and approval. 14. Relief from Decisions. Any person or persons jointly or severally aggrieved by any decision of the Planning Board on a Special Use Permit application may apply to the Supreme Court of the State of New York for relief through a proceeding under Article 78 of the Civil Practice Laws and Regulations of the State of New York. Such proceeding shall be governed by the specific provisions of Article 78, except that the action must be initiated as therein provided within thirty (30) calendar days after the filing of the Board’s decision in the Office of the Town Clerk.

C. General Standards.
The Planning Board shall carefully review the specific requirements set forth in this Article for the Special Permit Uses, the applicable supplementary regulations enumerated in Article V of this Zoning Law, and the following general standards for any use requiring Special Use Permit authorization by the Planning Board: 1. The location and size of the use, the nature and intensity of the operations involved, the size of the site in relation to the use, and the location of the site with respect to existing and future streets and roads providing access, shall be in harmony with the orderly development of the district. 2. The location, nature and height of the buildings, walls and fences and the nature and intensity of the intended operations, will not discourage the appropriate development and use of adjacent land and buildings nor impair the value thereof. 3. All proposed traffic access ways shall be adequate but not excessive in number, adequate in width, grade, alignment and visibility, be sufficiently separated from street intersections and places of public assembly, and meet similar safety considerations. 4. Adequate provision for safe and accessible off-street parking and loading spaces shall be provided to avoid parking in public streets of vehicles or persons connected with or visiting the use except in the Traditional Neighborhood, Village Gateway and other priority growth districts where on-street parking is encouraged. With the exception of single family detached dwellings, shared parking is encouraged where the peak parking demands of different uses occur at various times of the day. Use of a widely accepted means of projecting demand for shared use,

July 2008 Draft

Article VI.6

Special Use Permit Requirements
such as the Urban Land Institute’s Shared Parking report, shall be employed to demonstrate shared parking effects. 5. All parking and service areas shall be screened at all seasons of the year from the view of adjacent residential lots and streets or roadways and the general landscaping of the site shall be in character with that generally prevailing in the neighborhood. Such landscaping shall include the preservation of existing trees to the maximum extent practicable. Roadside plantings shall be in accordance with the Town’s design standards as outlined in Article V, Sections U and W herein and with the recommendations of the Town’s Design Standards, on file in the Office of the Town Clerk and Appendix A of this Zoning Law. 6. All proposed buildings, structures, equipment and/or material shall be readily accessible for fire, emergency services and police protection. 7. The character and appearance of the proposed use, buildings, structures, lighting, and/or outdoor signs shall be in general harmony with the character and appearance of the surrounding neighborhood. These shall not be more objectionable to nearby properties by reason of noise, fumes, vibration or light than would the operations of any permitted principal use. In addition, they shall not adversely affect the general welfare of the inhabitants of the Town of Rhinebeck, such determination to be made by the Town Planning Board. 8. Except for pre-existing non-conforming lots of record, the use shall meet the prescribed area and bulk requirements for the district in which it is located and as further specified in the supplementary regulations, including but not limited to setbacks, maximum height, environmental and open space standards, required off-street parking, lighting, noise, and sign regulations. 9. The level of municipal and other services required to support the proposed activity or use is, or will be, available to meet the needs of the proposed activity or use. This consideration shall include the suitability of water supply and sanitary sewage facilities to accommodate the intended use, and protection from pollution of surface or groundwater. 10. The proposed use shall not have an unmitigated significant adverse environmental impact as defined by the New York State Environmental Quality Review Act (SEQR). Such determination shall be made by the Town Planning Board or other designated lead agency. 11. The use shall be designed and shall be carried out in a manner that protects historic and natural environmental features on the site under review and in adjacent areas, such environmental recommendations to be made by the Town’s Conservation Advisory Council or Conservation Advisory Board and such historic recommendations to be made by the Town Historian. 12. The use shall be consistent with the Town’s Comprehensive Plan, Design Standards, Local Waterfront Revitalization Plan and other applicable planning documents adopted by the Town. 13. In its review of Special Permit Uses, the Planning Board shall take into consideration the statement of policies and principles as well as the illustrated guidelines of the Hudson River Valley Greenway, as described in Greenway Connections, a copy of which is available in the Town Clerk’s Office and on the Internet at http://www.co.dutchess.ny.us/CountyGov/ Departments/Planning/ELPgreenwayguide.htm#greenway.

July 2008 Draft

Article VI.7

Special Use Permit Requirements
14. The Planning Board shall impose additional conditions and safeguards to the Special Permit Use as are directly related to and incidental to the proposed Special Use Permit and which may be necessary to assure continual conformance to all applicable standards and requirements, including reasonable assurance that these conditions and safeguards can be responsibly monitored and enforced.

A. Additional Specific Standards for Certain Uses.
In addition to the general standards stated above and the Site Plan review considerations stated in Article VII, Section C of this Zoning Law, the following specific requirements shall be complied with for the particular Special Permit Uses cited below and as identified in Article III, District Schedule of Use Regulations or Article V, Supplementary Regulations. Special Permit Uses that do not have additional specific requirements shall be reviewed using the general objectives stated in Article VI, Section C. 1. Two-family dwelling by conversion or new construction, provided: a. The two-family dwelling (by conversion) shall occur only through conversion of a onefamily residence legally existing at the time of adoption of this Zoning Law. i. The one-family residence is, at the time of conversion, on a single lot with lot area and lot width of no less than the minimum specified for the zoning district in Article IV, “District Schedule of Area and Bulk Regulations.” The lot may not be an existing nonconforming lot of less than the prescribed lot area or lot width.

ii. Adequate water supply and sewage disposal facilities shall be demonstrated to exist in accordance with the requirements of the Town of Rhinebeck and the Dutchess County Department of Health. iii. At least one (1) of the dwelling units shall be owner-occupied in perpetuity and such restriction shall be recorded in a deed rider. The Code Enforcement Officer shall not issue a Certificate of Occupancy for the secondary unit until the deed restriction is recorded. iv. Expansion of the existing one-family residence (by conversion) to accommodate the second dwelling shall be limited to a maximum of two hundred fifty (250) square feet of gross floor area in the RM1 District and 1,000 square feet in other districts. b. The two-family dwelling (by new construction) shall be considered a permitted use in all residential districts except the Rhinecliff Hamlet (Rc-H) and Rhinecliff Hamlet Extension (Rc-HE) districts where it requires authorization by Special Use Permit. In all residential districts: i. The two-family dwelling (by new construction) requires Site Plan approval in accordance with Article VII of the Zoning Law.

ii. The two-family dwelling (by new construction) shall resemble a single family dwelling in its outward appearance. iii. Adequate water supply and sewage disposal facilities shall be demonstrated to exist in accordance with the requirements of the Town of Rhinebeck and the Dutchess County Department of Health.

July 2008 Draft

Article VI.8

Special Use Permit Requirements
iv. At least one (1) of the dwelling units shall be owner-occupied in perpetuity and such restriction shall be recorded in a deed rider. The Code Enforcement Officer shall not issue a Certificate of Occupancy for either unit until the deed restriction is recorded. 2. Multi-family dwelling (new construction) in the RM1, RC6 and VG Districts, provided: a. Those requirements for maximum density and conservation subdivision design, set forth in Article IV, Section C and Article V, Section I(7) respectively, shall be strictly met including the number of dwelling units. For multi-family dwellings in the Village Gateway (VG) Districts, the gross density, as defined in Article XIII, shall be employed to calculate the number of permitted dwelling units. b. Adequate water supply and common sewage disposal facilities shall be provided in full accordance with the requirements of the Town of Rhinebeck and Dutchess County Department of Health, with sufficient engineering documentation provided to allow the Town and the Department to assess the adequacy of any existing facilities which are proposed for continued and expanded use. This may include the creation of a special district under Articles 12 and 12-a of New York State Town Law or connection to existing community facilities. c. In Zoning districts where multi-family dwellings are authorized by Special Use Permit, the maximum number of units within a multi-family dwelling shall be six (6), including one (1) unit which shall be set aside as affordable, as defined and regulated under the Town of Rhinebeck Affordable Housing program regulations found in Article V, Section CC of the Zoning Law. d. The number of dwelling units located on a lot within the RM1 District shall not exceed two (2) dwelling units for the first acre (i.e. the density otherwise applicable to two-family dwellings by conversion), and include not more than one (1) additional dwelling unit for each additional acre of lot area. e. The number of dwelling units located on a lot within the RC6 District shall not exceed four (4) dwelling units for the first six (6) acres and include not more than one (1) additional dwelling unit for each additional three (3) acres of lot area. f. The multi-family dwelling shall be constructed to resemble a single family dwelling, as illustrated by example in the photograph below of a four unit multi-family dwelling designed to resemble a single family farmhouse:

July 2008 Draft

Article VI.9

Special Use Permit Requirements
3. Multi-family dwelling (by conversion), provided: a. The multi-family dwelling shall occur only through conversion of a one or two-family residence and/or other habitable structure, legally existing at the time of adoption of this Zoning Law. b. The number of dwelling units located on a lot within the RM1 District shall not exceed two (2) dwelling units for the first acre i.e. the density otherwise applicable to two-family dwellings by conversion, and include not more than one (1) additional dwelling unit for each additional acre of lot area. c. The maximum number of units within a multi-family dwelling (by conversion) in the HP20 District shall be four (4). The maximum number of units within a multi-family dwelling (by conversion) in other Zoning districts shall be six (6). The acreage required for such units shall be calculated as follows: i. The number of dwelling units located on a lot within the HP20 District shall not exceed four (4) dwelling units for the first twenty (20) acres and include not more than one (1) additional dwelling unit for each additional ten (10) acres of lot area.

ii. The number of dwelling units located on a lot within the RA10 District shall not exceed four (4) dwelling units for the first ten (10) acres and include not more than one (1) additional dwelling unit for each additional five (5) acres of lot area. iii. The number of dwelling units located on a lot within the RC6 District shall not exceed four (4) dwelling units for the first six (6) acres and include not more than one (1) additional dwelling unit for each additional three (3) acres of lot area. iv. The number of dwelling units located on a lot within the RL5 District shall not exceed four (4) dwelling units for the first six (5) acres and include not more than one (1) additional dwelling unit for each additional two and one-half (2!) acres of lot area. v. The number of dwelling units located on a lot within the RM1 District shall not exceed four (4) dwelling units for the first one (1) acre and include not more than one (1) additional dwelling unit for each additional one-half (!) acre of lot area. vi. The number of dwelling units located on a lot within the VG District shall not exceed four (4) dwelling units for the first one-third (!) acre and include not more than one (1) additional dwelling unit for each additional six thousand square feet of lot area. vii. The number of dwelling units located on a lot within the TND District shall be goverened by the requirements of Article VIII. d. Adequate central water supply and common sewage disposal facilities shall be provided in full accordance with the requirements of the Town of Rhinebeck and Dutchess County Department of Health, with sufficient engineering documentation provided to allow the Town and the Department to assess the adequacy of any existing facilities which are proposed for continued and expanded use. e. No individual multi-family structure shall contain more than six (6) residential units including one (1) unit, which shall be set aside as affordable, as defined and regulated under the Town of Rhinebeck Affordable Housing program found in Article V, Section CC of the Zoning Law.

July 2008 Draft

Article VI.10

Special Use Permit Requirements
f. Not less than sixty-five percent (65%) of the land area on any multi-family lot shall be reserved and maintained as usable open space.

g. Expansion of the existing one or two-family residence to accommodate the additional dwelling units shall be limited to a maximum of six hundred fifty (650) square feet of gross floor area per unit. h. All applicable requirements of the Multiple Residence section of the New York State Uniform Fire Prevention and Building Code shall be strictly met. i. Off-street parking shall be provided in accordance with Article V, Section B of this Zoning Law.

4. Accessory dwelling unit within the principal structure (by conversion or new construction), provided: a. Either the principal dwelling or the accessory dwelling unit on the premises is owneroccupied. b. If created through conversion of an existing structure, no exterior changes will be made which will alter or extend the existing foundation of the principal structure more than 25 square feet or cause the extended structure to encroach upon any required yard area. c. The accessory apartment is self-contained, with separate cooking, sleeping, and sanitary facilities for use by the occupant(s). d. Any additional exterior entrances, which may be created, shall be located at the side or rear of the structure. e. The accessory apartment is subordinate to the principal residence and contains no greater than thirty-five percent (35%) of the total “habitable space” of the existing structure or 650 square feet in the RM1 District and 1,000 square feet in all other districts where accessory dwellings are permitted by Special Use Permit, whichever is the more restrictive. “Habitable space” shall be as defined in Article XIII. f. The conversion of any existing residence or construction of a new residence to accommodate all accessory apartments as defined in Article XIII, is limited to one (1) accessory dwelling unit per principal residence.

g. Each principal residence and accessory apartment is, at the time of conversion or new construction, on a single lot with lot area of not less than one (1) acre for conversion and the required maximum net density for the district from the District Schedule Area and Bulk Regulations. h. Parking, as required for an accessory apartment/principal residence is a minimum of two (2) spaces per dwelling unit on-site and is designed and located to be convenient without encroaching on any required yard or setback area. For new construction, all on-site parking, whether provided in a garage or consisting of surface parking in a driveway, shall be set back at least ten (10) feet from the front façade of the principal dwelling. i. Approval has been granted by the Dutchess County Department of Health for any required on-site sanitary or water supply system, or, as may be applicable, a determination that the existing on-site water supply and sewage disposal facilities are sufficient to accommodate

July 2008 Draft

Article VI.11

Special Use Permit Requirements
the additional demands of the accessory apartment on any premises here such conversion or new construction is proposed. 5. Detached accessory dwelling unit (by conversion or new construction), provided: a. Either the principal dwelling unit or an accessory dwelling unit on the premises is owneroccupied. b. If created through conversion of an existing structure more than 50 years old and containing historic architectural features, the conversion should be accomplished in a manner that preserves the historic architectural features of the structure. No exterior changes will be made which will extend the existing foundation of the accessory structure more than 100 square feet, cause the extended structure to encroach upon any required yard area or hide historic architectural features. c. The accessory dwelling unit is self-contained, with separate cooking, sleeping, and sanitary facilities for use by the occupant(s). d. The accessory dwelling unit contains a maximum of 650 square feet of habitable space (as defined in Article XIII) in the RM1 District, 900 square feet of habitable space in the RL5, RC6 and RA10 districts, and 1,200 square feet of habitable space in the HP20 District. e. If created through conversion of an accessory structure, legally existing on the premises on or before the effective date of the Zoning Law, the principal dwelling and accessory dwelling unit are at the time of conversion, on a single lot with a lot area and lot width of no less than the minimum specified for the Zoning district in Article IV, “District Schedule of Area and Bulk Regulations.” f. If created either through new construction or by conversion of an accessory structure which did not legally exist on the premises on or before the effective date of the Zoning Law, the principal dwelling and accessory dwelling unit are, at the time of construction, on a single lot of not less than fifty percent (50%) greater than the net density specified for the RM1 zoning district in Article IV, “District Schedule of Area and Bulk Regulations” and in all other Zoning districts where detached accessory dwellings are permitted by Special Use Permit on a lot in conformance with Article IV, the “District Schedule of Area and Bulk Regulations.” If created either through new construction or by conversion of an accessory structure which did not legally exist on the premises on or before the effective date of the Zoning Law, the Site Plan shall contain a note that no further subdivision of the lot shall be permissible.

g. Additional accessory dwelling units, up to a total of four dwelling units on a single residential premises (i.e. one principal dwelling and a total of three accessory dwelling units), not more than one of which may be located within the principal dwelling, may occur by conversion of an accessory structure or structures legally existing on the premises on or before the effective date of the Zoning Law, provided that the lot meets the minimum required lot area for the density sought, as specified for the Zoning district in Article IV, “District Schedule of Area and Bulk Regulations.” For example, in the RC6 District, a lot containing a total of three dwelling units (i.e. one principal dwelling and two accessory dwellings) would require nine (9) acres (net density) and a total of four dwelling units would require twelve (12) acres (net density).

July 2008 Draft

Article VI.12

Special Use Permit Requirements
h. If more than two (2) dwelling units are proposed to exist on a single residential premises, Site Plan review and approval shall be required in accordance with Article VII of this Zoning Law. i. If four (4) dwelling units are proposed to exist on a single residential premises, at least one (1) unit shall be set aside as affordable, as defined and regulated under the Town of Rhinebeck Affordable Housing program found in Article V, Section CC of the Zoning Law. If four (4) dwelling units are proposed for new construction on a single residential premises, then the Planning Board shall consider the extent to which the requirements for conservation subdivision design, set forth in Article V, Section I(7), have been met and the extent to which “green” Site Planning and architectural features are integrated into the project. Green features include but are not limited to solar heating and electricity, wind generation, green roofs, LEED certification, use of permeable pavers, rain gardens and other low impact stormwater management designs, innovative sewage disposal techniques such as constructed wetlands (reed beds) and Clivus Multrums® or other acceptable composting toilets.

j.

k. The accessory structure, whether proposed for conversion or created through new construction meets the minimum setback requirements otherwise established for the construction of a principal structure within the Zoning district as prescribed in Article IV, “District Schedule of Area and Bulk Regulations.” l. Parking shall be a minimum of two parking spaces for the principal dwelling and should include one parking space for each accessory dwelling unit, designed and located to be convenient without encroaching on any required yard or setback area. All on-site parking, whether provided in a garage or consisting of surface parking, shall be provided set back at least ten (10) feet from the front façade of the principal dwelling.

m. Approval has been granted by the Dutchess County Health Department for any required on-site sanitary or water supply system, including, as may be applicable, a determination that the water supply and sewage disposal facilities are adequate to accommodate the additional demands of the accessory dwelling unit(s). n. If the lot containing three or four dwelling units is later subject to an application for subdivision approval, then the principal dwelling and the accessory structure(s) housing the accessory dwellings shall occupy an area that could be legally subdivided with the specified bulk regulations for the Zoning district, as prescribed in Article IV, “District Schedule of Area and Bulk Regulations.” o. A detached accessory dwelling unit created by new construction should appear related to the principal dwelling and resemble a garage or gatehouse or other traditional rural structure. 6. Elder cottage housing opportunity (ECHO) unit or cottage housing unit provided: a. The principal dwelling on the premises is owner-occupied. b. No more than one (1) ECHO unit or cottage housing unit is permitted on a lot unless. c. There shall be no further subdivision of any lot containing an ECHO unit or a cottage

July 2008 Draft

Article VI.13

Special Use Permit Requirements
housing unit unless such lot contains at least 200 percent (i.e. at least double) the maximum net density required for the district. d. The principal dwelling is located on a single lot with a lot area of not less than ten (10) acres if situated in the HP20 District, five (5) acres if situated in the RA10 District, three (3) acres if situated in the RC6 District, two and one-half (2 1/2) acres if situated in the RL5 District, and not less than one (1) acre if situated in the RM1 District. e. The housing unit shall comply with all front, side and rear yard setback requirements for a principal dwelling within the Zoning district, as set forth in the “District Schedule of Area and Bulk Regulations.” The housing unit shall additionally be located no closer to any front property line than the principal dwelling on the lot or on that lot directly adjacent. f. A reasonable determination can be made that the existing water supply and sewage disposal facilities are adequate, or will be suitably improved, to accommodate the housing unit’s siting on the property and the expanded demands caused by the siting of the housing unit.

g. The ECHO or cottage housing unit is self-contained, with separate cooking, sleeping, and sanitary facilities for use by the occupant(s). h. If any accessory dwelling units are present on the lot at the time of application for an ECHO or cottage housing unit, then the additional requirements of Article VI, Section D(5)(g) to (n) shall apply. i. The housing unit shall: i. Be sited on lots of one-quarter acre or larger.

ii. Be no more than 750 square feet in size on lots less than one-half acre. iii. Be no more than 1,000 square feet in size on lots larger than one-half acre. iv. Be separated from the principal dwelling by at least 50 feet. v. Employ shared driveways with the principal dwelling. vi. Utilize green design principles to thte greatest extent practicable. 7. Class 2 Home occupation, occurring within a customary accessory building on the residential premises provided: a. The class 2 home occupation conforms strictly with the limitations specified within Article V, Section H and to the definition found in Article XIII of this Zoning Law. b. The lot on which the class 2 home occupation is proposed meets the minimum lot area and lot width requirements set forth in the Article IV, “District Schedule of Area and Bulk Regulations” for the district and the accessory structure proposed to house the home occupation similarly meets all setback and related requirements set forth within this Zoning Law. 8. Alternate care housing facility as defined in Article XIII of this Zoning Law provided: a. The application is consistent with the following Town policies regarding the establishment or modification of any alternate care housing (ACH) facility within the Town of Rhinebeck:

July 2008 Draft

Article VI.14

Special Use Permit Requirements
i. In acceptance of the concept, and a reasonable assurance on an application-specific basis, that the alternate care housing facility residents may be integrated into the community, to the extent that such may be appropriate, without creating a negative environment for either the specific residents of the alternate care housing facility or the residents of the community in general.

ii. A reasonable assurance that the intended use will be in harmony with the Town Comprehensive Plan, be wholly accommodated by existing community infrastructure and services, and comply with the requirements of this Zoning Law and other applicable local, County and State land use and development regulations and requirements. iii. In the interests of achieving a well-balanced population within the Town of Rhinebeck, documentation that the aggregate population of all alternate care housing facilities, exclusive of nursing homes and assisted living facilities, throughout the Town of Rhinebeck at any one time shall not exceed seven percent (7%) of the Townwide population as established by the last decennial federal census. This requirement shall apply only in the event that Rhinebeck’s one year pilot study (and five year updates) with mental health experts, research regarding national and state trends, has been updated, and current, at the time of the application for the ACH facility. b. The application is accompanied by a community impact statement providing at a minimum the following information for consideration by the Planning Board in its review of the Special Use Permit and Site Plan applications: i. Specific classification or type of facility.

ii. Names of the regulatory agencies from whom permits, licenses or approvals are required and designation of a contact person at each. iii. General description of client disability. iv. Documentation of the need for the proposed program and/or facility. v. Identification of who is responsible for the financial support of the clients. vi. Copies of all pertinent correspondence and/or approvals between the applicant and the regulatory agencies. vii. Identification of where the clients formerly resided, including County and/or institution of origin. viii. General statement regarding whether the clients are to become residents of Dutchess County, and if so, what financial assistance they will utilize. ix. Number of clients, both current and projected. x. Type of employment, if any, clients will seek within the community. xi. Which community facilities and services clients will utilize within the community. xii. Description of the plan to integrate the clients into the community socially and economically.

July 2008 Draft

Article VI.15

Special Use Permit Requirements
xiii. Number of staff employees residing on the premises, including projection of the number of school-age children who may be residing on the premises as part of staff members’ families. xiv. (Number of non-resident staff employees. xv. What services will the facility require, including but not limited to police and fire protection, sewerage, water, utilities, refuse collection, postal service and other needed services as well as how they will be provided. xvi. Transportation Plan - How transportation will be provided. xvii.Describe whether public recreation facilities will be used, whether there will be recreation facilities on-site, and describe planned active and passive activities providing occupation, amusement, recreation or diversion. xviii.Describe how health-related needs will be provided. xix. Describe whether any clients will become the educational responsibility of the Rhinebeck Central School District. xx. Describe what local and County real property taxes the facility will be responsible for. State how much revenue would be provided to the Town and School District based on current real property tax and equalization rates. xxi. Vicinity Map. Provide a map indicating by location and maximum resident/client population all other health-related and alternate care facilities within a radius of two (2) miles of the facility. xxii.Describe the facility’s five (5) year Operating Plan as it pertains to the previously mentioned items. Include discussion of how compliance with all Special Permit standards stated within this Zoning Law shall be maintained. c. The application is consistent with the following additional specific standards: i. The Community Environment Standards adopted in a Statement of Principle by the State Department of Mental Hygiene and the State Board of Social Welfare state that: “A concentration of residents in a single neighborhood would be detrimental not only to the community, but to the clients of the facility as well.” To avoid a negative impact on the neighborhood as well as the residents of the alternate care facilities the Planning Board’s Special Use Permit approval authority shall be limited to not more than one (1) such facility within a one (1) mile radius.

ii. Any alternate care facility that will house more than twelve (12) “ACF” residents shall require a site not less than fifty (50) acres and the total population thereon, including residents and staff employees, shall not exceed four (4) persons per acre. iii. The minimum lot frontage per ACF shall be four hundred (400) feet. iv. There shall be a minimum front yard of one hundred fifty (150) feet, into which there shall be no encroachment of automobile parking and of structures other than a fence, wall or sign not larger than four (4) square feet in area.

July 2008 Draft

Article VI.16

Special Use Permit Requirements
v. No structure shall be placed closer to a side or rear property line than one hundred (100) feet and no automobile parking shall be placed closer than twenty-five (25) feet to a side or rear property line. vi. Provision for recreation for “ACF” clients shall be provided with at least ten percent (10%) of the total Land area developed for both active and passive outdoor recreational uses. vii. Any new and/or existing structures shall be constructed, altered, renovated and maintained in full accordance with the New York State Uniform Fire Prevention and Building Code, the New York State Energy Conservation Construction Code and other codes, rules and regulations that may be imposed by any regulatory or permitting agency. viii. All other applicable standards and provisions of the Zoning Law and other applicable local, County and State land use and development regulations and requirements shall strictly apply. d. Any Special Use Permit approval granted under this Section is additionally subject to the licensing procedures and approvals of all appropriate State, County and regional agencies. A certificate of occupancy shall not be issued by the Code Enforcement Officer until a copy of all such approvals are presented to the Town and have been reviewed by the Planning Board. e. Any variation in the type of program including treatment, any increase in the resident population and/or expansion or other modification of the physical plant shall require application to the Planning Board for consideration of a new or modified Special Use Permit and shall, in accordance with this Zoning Law, further require re-examination of the Site Plan by the Planning Board. 9. Cemetery provided: a. No burial or memorial plots or buildings shall be located closer than fifty (50) feet to any residential lot line, except that when a dense evergreen hedge or wall or landscaped strip at least six (6) feet in height provides complete visual screening from all adjacent residential properties. Burial or memorial plots of less than six (6) feet in height may be located as close as twenty-five (25) feet to any residential lot line. This provision shall apply to both new and proposals for expansion of existing cemeteries. b. All burials shall be undertaken in strict accordance with applicable regulations of the New York State Department of State and the Department of Health. 10. House of worship including meeting hall and parish house provided: a. Minimum lot area shall be five (5) acres if proposed on an existing lot of record that was lawfully in existence on the effective date of the Zoning Law. b. Except for the TND District, for a house of worship proposed on a lot to be subdivided from a parent parcel, the minimum lot size shall be as specified for the applicable Zoning district in Article IV, the “District Schedule of Area and Bulk Regulations.” 11. Reserved.

July 2008 Draft

Article VI.17

Special Use Permit Requirements
12. Library, museum or performing arts center provided: a. Minimum lot area shall be three (3) acres for a library or museum and six (6) acres for a performing art center, except in the GB, RB, Rc-HE, Rc-HT, and CB districts where a minimum lot area of one (1) acre is required and the HP20 and RA10 districts where a minimum lot area of twenty (20) and ten (10) acres, respectively, is required. b. No building or parking area shall be located closer than fifty (50) feet to any side or rear lot line in a Residential District. 13. Nursery school or day-care facility provided: a. Except for the RM1 District, the minimum lot area for a nursery school or day-care facility shall be the same as the minimum lot area required per dwelling unit for the applicable Zoning district. In the RM1 District, three (3) acres are required for a nursery school or day-care facility. b. The maximum number of children enrolled on a regular basis shall be forty-five (45). c. Access to the nursery school or day-care facility with more than 15 children shall be from a State or County highway. 14. Educational institution provided: a. All buildings, parking and outdoor activity areas shall have a minimum setback of two hundred-fifty (250) feet from any adjoining residential property and one hundred (100) feet from any property boundary. b. Specific plans for public address systems and/or outdoor lighting shall be submitted to and approved by the Planning Board, including the specific hours of operation for such facilities. Approval shall be preceded by a clear demonstration by the institution that the features are both essential and will create no adverse effect on neighboring residential properties. c. Copies of all licenses, permits or approvals from other State and local agencies shall be presented to the Planning Board for review prior to approval. d. The educational institution shall be situated on and have direct access solely to a State and/or County highway. e. Required Area and Bulk Regulations are as follows: i. Minimum lot area shall be fifty (50) acres, except in the TND District, where five (5) acres shall be required.

ii. Minimum required lot frontage -- 200 feet. iii. Minimum required lot width at building line -- 200 feet. iv. Minimum required front yard setback from public right of way -- 250 feet. v. Minimum required side yard setback -- 100 feet. vi. Minimum required rear yard setback -- 100 feet. vii. Minimum setback from internal roadway -- twenty-five (25) feet.

July 2008 Draft

Article VI.18

Special Use Permit Requirements
viii. Minimum setback from any adjoining residential property – 250 feet. ix. Maximum permitted building coverage -- 15% of lot area. x. Maximum permitted impervious coverage -- 35% of lot area. xi. Maximum permitted building height -- two (2) stories not to exceed thirty (30) feet. This limitation shall not apply to customary and typical roof top appurtenances so long that they do not exceed twelve (12) feet above the roof surface and cover no more than twenty (20) percent of the roof surface of such building. In addition, spires, belfry, domes, crosses, cupolas and other like religiously significant architectural elements are permitted to exceed the building height by fifty (50) percent or twenty (20) feet, whichever is less. xii. Minimum separation between buildings: (a) Side to side -- twenty (20) feet. (b) All other building combinations -- sixty-five (65) feet. f. Design Requirements: i. The Applicant shall prepare and receive Planning Board approval for a landscaping plan addressing the following subjects: (a) Buffer Area. Landscaping within the required setback areas to visually screen the Educational Institution from residential uses that are within the line of sight of the Institution. (b) All portions of an Educational Institution not used for impervious surfaces shall be attractively landscaped or left in a natural condition. ii. Conservation Design/Open Space. To the maximum extent practicable, consideration shall be given to the preservation of open space. The Planning Board shall have the full authority to require the Applicant to submit the documents required by Article V, Section I(7) of the Zoning Law for the conservation subdivision design process where a property exhibits one or more of the sensitive features set forth in Article V, Section I(4)(c) of the Zoning Law. (a) Usable Open Space. The Educational Institution shall include at least one area of distinctive design to create a visual focal point or area of interest for use by the students, staff, and faculty of such Institution. The Usable Open Space shall be linked to the on-site pedestrian walkway network. (b) Pedestrian Walkway Network. A comprehensive integrated pedestrian walkway system shall be developed for each Educational Institution. Concrete sidewalks shall be no less than six (6) feet in width when constructed along the side of an interior roadway or driveway. Other elements of the pedestrian walkway system shall be sized to accommodate anticipated pedestrian demand. Minor service driveways, roadways and streets with average daily traffic less than 250 vehicles are exempt from providing a sidewalk. (c) Lighting. Outdoor lighting shall be limited to that necessary for operational reasons, shall be so designed as to be compatible with surrounding land uses and

July 2008 Draft

Article VI.19

Special Use Permit Requirements
shall be in full compliance with the requirements of Article V, Section V, the Town Lighting Regulations. The Applicant shall provide a lighting plan showing that exterior lighting will not be directly visible beyond the boundaries of the property line. Any lighting shall be directed away from adjoining streets and properties, and shall be arranged as to reflect the light away from any adjoining properties and abutting streets, highways and roads. (d) Noise. Noise-producing equipment and/or uses shall be sited and/or insulated to prevent any detectable increase in noise above ambient levels as measured at the property line in accordance wth the Town Noise Regulations ay Article V, Section X. Public address systems shall be absolutely prohibited. (e) Playing Fields. Outdoor playing fields shall be set back from neighboring streets and property lines a minimum of 250 feet and shall be screened from public view with fencing and/or buffer landscaping. (f) Utilities. All utilities shall be installed underground or within buildings. (g) Parking and Internal Roadway Requirements: (i) All on-site streets, roadways, driveways and parking areas are to be edged with curb and constructed according to the Town’s design standards. (ii) On-site parking requirements shall be determined for each specific component use contained within an Educational institution and then summed to determine the minimum number of required parking stalls. Parking shall be provided in full accordance with the Off-street parking and loading standards contained in Article V, Section B. (h) Health and Safety Considerations: (i) Sewer. Each Applicant proposing to construct an Educational Institution shall either secure Dutchess County Health Department approval for a subsurface septic disposal system or connect into an approved centralized wastewater treatment system. (ii) Water. Each Applicant proposing to construct an Educational Institution shall supply a potable water delivery system capable of meeting both the domestic water and emergency fire fighting needs of the facility. (iii) Sprinkler. Fire protection must be provided by a sprinkler system throughout each building in the Educational Institution, regardless of whether such building(s) is an existing structure or new construction. (i) Housing. Housing shall only be permitted as an accessory use to an Educational Institution. No housing unit shall exceed 2-bedrooms, except for dormitory housing. Each housing unit constructed in association with and as part of an Educational Institution shall be limited in occupancy to Full-Time Students or Full-Time Staff. (i) For the purposes of this Section Full-Time Students shall be defined as students who are enrolled for no less than fifteen (15) hours of instruction per week.

July 2008 Draft

Article VI.20

Special Use Permit Requirements
(ii) Full-Time Staff shall be defined as employees of the Educational Institution who perform no less than fifteen (15) hours per week of work for said Institution, including, but not limited to, office work, administration, and classroom instruction. (iii) There shall be no more housing units constructed as part of any Educational Institution as there are Full-Time Students or Faculty. Housing units shall only be occupied in accordance with the above limitations. The Educational Institution shall provide annual reports demonstrating compliance. No housing unit shall be permitted in a cellar or basement. (iv) Prior to the issuance of certificates of occupancy for on-site housing, certificates of occupancy shall have been issued for classroom space with cumulative occupancy limits that exceed the requested number of residential certificates of occupancy. (v) In addition to the required Area and Bulk Regulations set forth in Subsection 14(e) herein, the residential floor area ratio (as defined using either the New York State Building Code or National Fire Prevention Association standards to classify space as residential) shall be limited to no more than twenty-five percent (25%) of the entire site development floor area ratio. (vi) There shall be a minimum lot area of two-thirds (") of an acre for each resident of the Educational Institution including students, faculty and staff. (vii) No housing unit shall be sold in fee simple or subdivided from the Educational Institution. iii. Conditions and Safeguards. The Planning Board shall attach such other conditions and safeguards to the Special Use Permit as are necessary to assure continual conformance to all applicable standards and requirements. iv. Expansion of Special Use. The term “expansion” as it relates to Educational Institutions shall include any increase in classroom space, housing area, and/or student/enrollee population beyond that permitted by the original Special Permit. 15. Hospital provided: a. Minimum lot area shall be no less than twenty (20) acres. b. No building or parking area shall be located closer than fifty (50) feet to any side or rear lot line in a Residential District. c. No on-site incineration shall be permitted and all chemical, radioactive and other medical waste to be disposed of in accordance with applicable New York State and Federal requirements. d. Access shall be from a State highway. 16. Not-for-profit or other non-commercial outdoor recreational use or facility, provided: a. Minimum lot area shall be twenty-five (25) acres. b. No building or parking area associated with the outdoor recreational use or facility shall be located closer than one hundred (100) feet to any property line or within two hundred fifty (250) feet of any existing neighboring residence. Any such building or parking area shall be effectively screened by intervening landform or natural vegetation from all neighboring

July 2008 Draft

Article VI.21

Special Use Permit Requirements
properties and public rights-of-way. c. Specific plans for public address systems and/or lighting for outdoor recreational facilities shall be submitted to and approved by the Planning Board, which approval shall be preceded by a clear demonstration by the facility owner and/or operator that the features are both essential and will create no adverse effect on neighboring residential properties. d. No facility for active recreational use (e.g. trail, swimming pool, tennis courts, ball field or cross-country ski trail) shall be located within one hundred (100) feet of any property line. In no case shall motorized vehicles be permitted such as all-terrain vehicles (ATVs), gocarts, dirt bikes and similar motorized vehicles. e. Access to the outdoor recreational use or facility shall be from a State or County highway or a through Town roadway other than a residential subdivision street. f. No single building constructed or adaptively used in connection with an outdoor recreational use or facility, authorized under this subsection, shall exceed six thousand (6000) square feet of gross floor area.

g. No restaurant shall be operated and maintained on the premises of any outdoor recreational use or facility authorized under this subsection. Food service shall be limited to vending machines and/or a snack bar; alcoholic beverages shall not be sold on the premises. h. Except as may be further restricted by the Planning Board in its consideration of a specific application for a Special Use Permit, hours of operation for any outdoor recreational use or facility authorized under this subsection shall be limited to the period from 8:00 AM through 9:00 PM daily. 17. Rod and gun club in the RC6 District provided: a. No Special Use Permit shall be granted for a rod and gun club unless such club is located on a lot having an area of not less than one hundred-fifty (150) contiguous acres. For purposes of the minimum contiguous lot area calculation in this Subsection, portions of a lot divided by a State, County or Town highway shall not be deemed to be contiguous. b. No building or facility shall be located closer than nine hundred (900) feet to any property boundary, residential lot line, public trail or public park, public or private road, public right-of-way, publicly maintained road, or such greater distance as may be specified by the New York State Environmental Conservation Law, other applicable laws or regulations, or to mitigate environmental impacts under SEQR. c. No club activities shall involve the discharge or use of lead shot on club property. d. The discharge of tracer bullets is prohibited. e. Specific plans for public address systems and/or lighting for outdoor recreational facilities shall be submitted to and approved by the Planning Board, including the specific hours of operation for such facilities. Approval shall be preceded by a clear demonstration by the facility owner and/or operator that the features are both essential and will create no adverse effect on neighboring residential properties. f. No target range or other facility for the discharge of firearms shall be located closer than

July 2008 Draft

Article VI.22

Special Use Permit Requirements
nine hundred (900) feet from any property boundary, public trail or public park, public or private road, public right-of-way, or publicly maintained road, or such greater distance as may be specified by the New York State Environmental Conservation Law, other applicable laws or regulations, or to mitigate environmental impacts, such as lead abatement, under SEQR. g. Except as may be further restricted by the Planning Board in its consideration of a specific application for a Special Use Permit, hours of operation for the discharge of firearms at any rod and gun club authorized under this subsection shall be limited to the period from 9:00 AM through 6:00 PM on weekdays or Saturday or prior to 12:00 PM or after 6:00 PM on Sundays and State and Federal holidays. No club activities involving discharge of firearms shall occur before sunrise and after sundown. h. Sound levels measured at the property boundaries of a rod and gun club shall not exceed the Town of Rhinebeck Noise Control Regulations found in Article V, Section X of this Zoning Law. Additional measures, such as berming, may be required to control noise. i. In its review of a rod and gun club Special Use Permit, the Planning Board may be guided by, but shall not be bound by, the recommendations of The NRA Range Source Book: A Guide to Planning & Construction, published by the National Rifle Association of America or by State regulations and guidelines. No alcoholic beverages may be served in conjunction with club activities or social functions involving or held in conjunction with the discharge of firearms.

j.

k. The club activities shall be conducted exclusively for club members and their guests and shall not be available to the public on a daily fee or charge basis. l. The harboring of more than four (4) dogs on club property shall be prohibited unless the applicant applies for and receives a Special Use Permit for the operation of a commercial kennel as may be permitted by this Zoning Law.

m. Hunting may be conducted on club property only in season in accordance with the provisions of Article II, §§ 11-0903, 11-0905 and 11-0907 of the New York State Environmental Conservation Law and the rules and regulations adopted thereto. n. It is recognized that the operation of a rod and gun club in a residential neighborhood could have an adverse impact on the surrounding neighborhood. The extent of this impact will necessarily depend on factors such as: the size of the property on which the club will be sited; the topography of the club property; the natural vegetation, screening and buffering existing on-site; the size of the club and the type and number of on-site activities involving the discharge of firearms; the location, layout and orientation of the various on-site club activities involving the discharge of firearms; the proposed hours of operation of the club; and the proximity of the club to existing residences. Notwithstanding that a rod and gun club is a Special Permit Use in the Town’s RC6 Zoning District, the Planning Board shall retain full discretion to deny a Special Use Permit application for a rod and gun club if the Board determines that the use does not comply with the standards set forth in this Subsection; does not comply with the general standards for Special Permit Uses set forth in Article VI, Section C, or will result in a significant adverse impact on the surrounding neighborhood in terms of increased noise, decreased public safety or diminution in

July 2008 Draft

Article VI.23

Special Use Permit Requirements
property values, which cannot be adequately mitigated by the imposition of Special Permit conditions. o. In addition to the authority vested in the Planning Board to impose reasonable conditions and safeguards on Special Use Permits, as set forth in Article VI, Section A of this Zoning Law, the Planning Board shall impose such conditions and safeguards on the operation of the rod and gun club which, in its discretion, may be necessary to mitigate such problems as noise, public safety and diminution of property values. The Planning Board shall, as a condition of each Special Use Permit issued for a rod and gun club, require that the Zoning Enforcement Officer, on an annual basis, inspect the rod and gun club operation and report back to the Planning Board with regard to the permit holder’s compliance with the provisions of this Article, any Special Permit conditions imposed and the requirements of the Site Plan approved by the Planning Board. Such restrictions and safeguards may include, but shall not necessarily be limited to, the following: i. Increased limitations on hours of operation and discharge of firearms.

ii. Increased setback requirements for certain activities involving the discharge of firearms. iii. Requirement of vegetative screening, buffering and/or berming of target, skeet and trapshooting ranges and other rod and gun club activities involving discharge of firearms. iv. Limitation or prohibition of certain activities involving discharge of firearms. v. Prescribed siting, configuration or orientation of activities involving discharge of firearms and/or storage of ammunition. vi. Requirement that boundaries or a portion of the boundaries of the club property be enclosed in a prescribed manner. vii. Limitations of the number of club members. viii. The requirement of additional inspections of the property and operation by the Zoning Enforcement Officer with reports back to the Planning Board. p. In addition to those materials required by Article VI, Section C and Article VII, Section C of this Zoning Law to be submitted with any application for a Special Use Permit and Site Plan approval respectively, an applicant for a rod and gun club Special Use Permit shall submit the following additional materials: i. A declaration as to the nature and extent of the proposed rod and gun club operation.

ii. A description of all proposed club activities, including those which involve the discharge of firearms. iii. Copies of the written membership qualifications, constitution and bylaws for the rod and gun club. iv. The Site Plan materials required by Article VII, Section C shall additionally include the location of all target shooting, skeet shooting and trapshooting ranges and other activities involving the discharge of firearms.

July 2008 Draft

Article VI.24

Special Use Permit Requirements
v. A statement outlining the proposed hours of operation for all club activities and the proposed membership qualifications and number of members anticipated. vi. Any other information or documentation requested by the Planing Board deemed necessary to assist in its decision-making process. 18. Not-for-profit membership club, provided. a. The membership club is located on a lot meeting the minimum requirements of the District Schedule of Area and Bulk Regulations for the district, but in no case shall the lot be less than three (3) acres. b. No building or parking area shall be located closer than one hundred (100) feet to any side or rear lot line. c. Specific plans for public address systems and/or lighting for outdoor recreational facilities shall be submitted to and approved by the Planning Board, including the specific hours of operation for such facilities. Approval shall be preceded by a clear demonstration by the owner and/or operator that the features are both essential and will create no adverse effect on neighboring residential properties 19. Children’s camp or adult day camp, provided: a. Minimum lot area shall be fifty (50) acres. b. No activity area, recreational facility, building or other structure shall be closer than one hundred (100) feet from any residential property boundary. c. Water supply and sewage disposal facilities shall satisfy all applicable requirements of the Dutchess County Health Department. d. Copies of all licenses, permits or approvals from other State and local agencies shall be presented to the Planning Board for review prior to approval. e. Specific plans for public address systems and/or outdoor lighting shall be submitted to and approved by the Planning Board, including the specific hours of operation for such facilities. Approval shall be preceded by a clear demonstration by the facility owner and/or operator that the features are both essential and will create no adverse effect on neighboring residential properties and will be in compliance with the Town of Rhinebeck Noise Regulations at Article V, Section X. f. An application for a Special Use Permit to operate a children's camp or adult day camp shall be made at least ninety (90) days before the first day of operation. The application shall include a written health and safety plan in accordance with applicable State and County agency requirements. The plan shall be reviewed annually by the camp operator, and submitted annually to the Zoning Enforcement Officer, to maintain compliance with the Special Use Permit.

g. Adequacy of on-site parking for staff, campers and visitors shall be demonstrated. 20. Building material supply and sales including lumberyard, in the TND District, provided: a. Minimum lot area shall be five (5) acres. b. All material storage shall occur in wholly- or semi-enclosed (i.e. roofed) structures. There

July 2008 Draft

Article VI.25

Special Use Permit Requirements
shall be no outdoor display of goods, outdoor storage of materials, or outdoor storage of equipment in the front yard nor shall such goods, materials or equipment be placed in front of the principal building. c. The entire site shall be screened by natural vegetation and other suitable visual buffering, with special attention to outdoor storage areas, as determined necessary by the Planning Board. d. Building material supply and sales, including lumberyard, shall comply with Article VIII, Section Q of this Zoning Law for pre-existing conditions in the TND District. 21. Commercial boarding or breeding kennels, provided: a. Kennels shall comply with the Town of Rhinebeck Noise Control Regulations found in Article V, Section X of the Zoning Law. b. Kennels shall comply with the landscaping requirements of Article V, Section W of the Zoning Law. c. Indoor enclosures in the form of caging or housing systems shall be provided for dogs. Use of outdoor caging, runs or pens by dogs shall be limited to the hours of 7:00 AM to 7:00 PM daily. d. Kennels should comply with the Companion Animal Care Guidelines of the American Veterinary Medical Association. e. The application for a boarding kennel shall comply with the following additional standards: i. Minimum site area shall be twenty (20) acres.

ii. Maximum lot coverage of five percent (5%). iii. Minimum setback shall be three hundred (300) feet from any property line or five hundred (500) feet for a dog run or any building intended for the housing of dogs. The setback can be increased by the Planning Board, where determined necessary to mitigate potential noise impacts. iv. All buildings and/or dog runs used for the housing of dogs shall be enclosed with fencing or other appropriate enclosure or noise barrier of suitable construction and height, not less than six feet high, to confine any dogs on the premises and to buffer noise. v. Maximum number of twelve (12) dogs housed over one (1) year in age. Any additional dogs may be housed if for each six (6) additional dogs one (1) additional acre of land is provided. Compliance continues with all other standards applicable to the Special Use Permit. 22. Conference center, provided: a. The permitting of conference center facilities shall facilitate the development of a large parcel in low-intensity, non-residential use, while preserving buildings and/or natural areas, which are unique to the area and an asset to the community. b. The following requirements shall be satisfied:

July 2008 Draft

Article VI.26

Special Use Permit Requirements
i. The exterior of existing houses, barns and related structures shall be restored whenever feasible. For historic buildings within the Hudson River National Historic Landmark District or structures or sites listed on the National Register of Historic Places, compliance with Article 5, Section BB, the Town Historic Buildings Protection regulations shall be required. Consideration shall be given to quality of original architecture and subsequent modifications, current condition and relationship of the structures to the overall property or area when considering the feasibility of restoration as determined by the Planning Board.

ii. Formal and informal landscaping, stone wall and entrance gates shall be restored whenever feasible as determined by the Planning Board. iii. New construction shall be sited so as to have a minimum impact on fields, water features and woodlands. Major regrading, clear cutting or changing of topography shall not be permitted. iv. Use of the Site Plan Design Criteria found in Article VII, Section D is mandatory for conference centers, in addition to all other applicable requirements of the Zoning Law. v. Access shall be from a State highway. c. The maximum floor area shall not exceed five percent (5%) of the land included in the project proposal. d. Unique natural areas and open spaces such as bays, streams, ponds, marshes, steeply sloped areas, woodlands, etc., shall be preserved. e. The development shall be found to be in harmony with the Town Comprehensive Plan. f. The minimum lot area shall be one hundred (100) acres for the first 40 guest rooms, plus an additional two and one half (2 1/2) acres for each additional guest room. The maximum number of rooms in a conference center shall be 80.

g. Specific plans for public address systems, amplified music, and/or outdoor lighting shall be submitted to and approved by the Planning Board, including the specific hours of operation for such facilities. Approval shall be preceded by a clear demonstration by the facility owner and/or operator that the features are both essential and will create no adverse effect on neighboring residential properties and will be in compliance with the Town of Rhinebeck Noise Regulations at Article V, Section X. The specific plans for public address systems, amplified music, and/or outdoor lighting shall be subject to such additional restrictions deemed appropriate by the Planning Board. 23. Delicatessen, as defined in Article XIII of the Zoning Law, provided: a. The maximum gross floor area shall not exceed two thousand (2,000) square feet. b. Delicatessens shall not dispense or sell fuels to the motoring public. c. Delicatessens shall: i. Provide an enclosed trash dumpster for disposal of stock packings removed by store employees, and trash receptacles for customer use on the premises;

ii. Maintain no outdoor displays of merchandise;

July 2008 Draft

Article VI.27

Special Use Permit Requirements
iii. Locate all vending machines within the building; and iv. Direct all roof-top heating/ventilation/air conditioning or refrigeration units away from adjacent residential properties. 24. Food and grocery stores in the TND District, provided: a. The maximum gross floor area shall be forty thousand (40,000) square feet. b. Food and grocery stores shall comply with Article VIII, Section F of this Zoning Law for pre-existing conditions in the TND District. 25. Gas station or automobile service facility, provided: a. No such establishment shall be located within two hundred (200) feet of any school, church, public library, theatre, hospital, park, playground, or other public gathering place designed for occupation by more than fifty (50) people. b. The area of use by motor vehicles, including display and storage, except access drives thereto, as well as any structures, shall not encroach on any required yard area, with it further provided that no building shall be erected closer than fifty (50) feet to any street or lot line, or such greater dimension as required by Article IV of this Zoning Law. c. Gas stations shall be limited to four pump stations as defined herein, each located in a secondary position to the primary building, with all pump stations and canopies located at the rear of the building. d. No pump station or associated canopy structure shall be located within twenty-five (25) feet of any side lot line or within the required front yard. Connect the canopy structure with the primary building whenever possible and coordinate the roof design and supports. The station layout shall eliminate the necessity of any vehicle backing out onto a public right-ofway. e. The station or facility shall reflect the traditional architecture of the community in building and roof forms, window proportions, materials, colors and details. All four sides of the building shall be designed with windows and other architectural features to avoid visible blank walls. f. Pedestrian entrances should be provided on the street side of the building and pedestrian connections be provided to surrounding properties and the street.

g. Entrance and exit driveways shall total no more than two (2) in number and shall have an unrestricted width of not less than twenty-four (24) feet nor more than thirty (30) feet, and be located no closer than fifteen (15) feet to any side lot line. h. Gasoline or flammable oils in bulk shall be stored in accordance with New York State DEC Part 614 Regulations, and may not be closer than twenty-five (25) feet to any lot or street line. i. All major repair work, storage of materials, supplies, and parts shall be located within a structure completely enclosed on all sides, not to be construed as meaning that the doors on any repair shop must be kept closed at all times. Service doors for vehicles shall open at the rear of the building.

July 2008 Draft

Article VI.28

Special Use Permit Requirements
j. No inoperative motor vehicle shall be kept on the premises for longer than fourteen (14) calendar days, except in instances where necessary repair parts have been ordered and delivery is awaited or wherever legal title is needed for removal (abandoned vehicles).

k. In addition to other landscaping requirements established by this Zoning Law, suitable year-round buffering and landscaping shall be provided in all rear and side yards through a mix of deciduous and evergreen plantings. l. There shall be no outdoor storage or display of either materials or products.

m. No gas station shall be located within one (1) mile of another gas station. n. Gas stations shall not be accessory to any other use. 26. Hotel or motel provided: a. The minimum lot area shall be ten (10) acres for the first sixteen (16) guest rooms, plus an additional six thousand (6,000) square feet of lot area for each additional guest room provided. The maximum number of guest rooms shall not exceed sixty (60). b. All uses integral to the hotel or motel development shall either be clearly accessory to the hotel or motel, as defined within Article XIII of this Zoning Law, or shall be permitted uses or Special Permit Uses within the Zoning district in which the hotel or motel development is proposed. c. Integral accessory uses shall generally be limited to the following: i. Meeting rooms;

ii. Restaurant (excluding a formula food establishment as defined in Article XIII) and dining facilities serving either guests exclusively or the general public, provided that no music or other objectionable noise shall be audible beyond the boundaries of the lot on which the use is constructed; iii. Recreational facilities, such as swimming pools and tennis courts; iv. Small personal service/retail shops fully within the hotel or motel and selling newspapers, magazines, tobacco, small gifts, and similar items; and v. One resident apartment. d. Maximum structure coverage, including all principal and accessory structures, shall not exceed fifteen percent (15%) of lot area or that maximum lot coverage stated in the Article IV “District Schedule of Area and Bulk Regulations,” whichever is more restrictive. e. The minimum setback for any structure, parking lot or other outdoor facility from any property line adjacent to a residential Zoning district shall be one hundred (100) feet. f. The minimum frontage of the site on a public highway shall be four hundred (400) feet.

27. Public stable/riding academy provided: a. Minimum lot area shall be five (5) acres. b. The maximum number of horses permitted shall be limited to the keeping of one (1) horse per acre of lot area.

July 2008 Draft

Article VI.29

Special Use Permit Requirements
c. No building in which animals are housed, riding rings, and manure storage areas shall be located within two hundred (200) feet of any residential dwelling, lot line or street right-ofway. d. Front, rear and side yard areas shall be landscaped and natural screening shall be provided, where necessary, to harmonize with the character of the neighborhood. e. A manure management plan shall be provided for review and approval by the Planning Board. 28. Conventional subdivision development, provided: a. Conventional subdivisions may qualify for a Special Use Permit if the applicant demonstrates to the Planning Board how and why a conventional subdivision development layout better fulfills the policies and goals of Rhinebeck’s Comprehensive Plan, compared with a conservation subdivision development, as outlined in Article V, Section I of the Zoning Law. b. The applicant shall clearly demonstrate the advantages of a conventional subdivision layout to the Planning Board with respect to protection of productive farmland, upland habitats such as meadows and woodlands, scenic viewsheds, rural character, historic structures, water quality and other natural and cultural resources as stated in the Town’s Comprehensive Plan. 29. Auto rental or sales and large equipment rental or sales, provided: a. The additional standards stated in Article VI, Section D(25) of this Zoning Law for gas stations or automobile service facilities shall be strictly met. b. Displays used to advertise the sale of an auto or for general sales events shall be limited to one dealer/manufacturer informational sign per auto no larger than eight and one-half (8 !) inches by eleven (11) inches in size. 30. Special Use Permit required for certain uses in the Hamlet of Rhinecliff. a. All uses subject to issuance of a Special Use Permit within the Rhinecliff Hamlet (Rc-H), Rhinecliff Business (Rc-B), and Rhinecliff Overlay (Rc-O) districts are subject to the additional requirements of Article VI, Section F. b. All uses subject to issuance of a Special Use Permit within the Rhinecliff Hamlet Transition (Rc-HT) District are subject to the additional requirements of Article VI, Section G. 31. Contractor’s yard or establishment, provided: a. Within any residential district where a contractor’s yard or establishment is permitted by Special Use Permit, such use shall be clearly accessory and incidental to the principal residential use of the premises and shall occur wholly within enclosed structures similar in scale and appearance to residential structures, barns or agricultural structures. No employees shall routinely work at the premises. b. Within any residential or non-residential district, such use shall be located on a site with a minimum area of ten (10) acres.

July 2008 Draft

Article VI.30

Special Use Permit Requirements
c. The applicable screening requirements set forth in Article V(N) of this Zoning Law are strictly met. d. Unenclosed or semi-enclosed activity by a contractor’s yard or establishment may be authorized only within a non-residential Zoning district. No such use shall occur within any required yard area as set forth in the “District Schedule of Area and Bulk Regulations” nor closer to the front property line than the principal building on the premises. All vehicle maintenance, material storage and any fabrication or related activities shall occur within wholly-enclosed structures. e. To the extent deemed necessary for the protection of public health and safety, link or similar fencing of any unenclosed or semi-enclosed activity area may be required by the Planning Board. f. Processing of materials is prohibited on the site.

g. Retail sales are prohibited on the site. 32. Extractive operations and soil mining in the Mining Overlay District, provided: a. The proposed operation is consistent with the Town’s Comprehensive Plan. b. Minimum site area shall be ten (10) acres. c. The extractive operation or soil mining activity shall be restricted to the removal of stone, gravel, soil, shale, topsoil, sand or other natural unconsolidated earthen material. No stone crushing or the mixing of stone and gravel with asphaltic oils or other binders shall be authorized. Materials shall not be imported from other locations to the site for processing or resale. d. All applicable provisions of the New York State Mined Land Reclamation Law and other State and Federal regulations shall be fully complied with. e. Ingress and egress to town roads shall be controlled by the town. f. Routing of mineral transport vehicles on town roads shall be controlled by the town.

g. Fees for the Special Permit and Site Plan approval and an inspection fee based upon the proposed annual yield in cubic yards shall be payable in accordance with the standard schedule of fees of the town of Rhinebeck. h. The New York State Mined Land Reclamation Law establishes that the state is responsible for the regulation of both mining and reclamation for operations that extract 1000 tons or 750 cubic yards or more of a mineral during twelve successive calendar months. State regulation begins at 100 cubic yards for mining from a water body. The New York State Department of Environmental Conservation (DEC) is the entity responsible for administering the permits for mining applications of this magnitude. It is the Town's intent to provide input on the conditions that should be included in DEC mining permits issued for operations located within the Town of Rhinebeck and to assist in the enforcement of any resulting DEC mining permit conditions, as permitted by the State's Mined Land Reclamation Law. i. The following procedure shall apply for the approval of Special Use Permits for mining operations requiring a DEC permit, not previously approved:

July 2008 Draft

Article VI.31

Special Use Permit Requirements
i. The Town Supervisor of the Town of Rhinebeck, upon receipt of a complete application for a mining permit from the DEC or for a Special Use Permit from the Zoning Enforcement Officer, shall forward said application to the Planning Board in a timely manner.

ii. The Planning Board may, within thirty days of the receipt of an application, provide the DEC recommendations on conditions to be included in the involved state mining permit, within the following categories: (a) Ingress, egress, and the routing of mineral transport vehicles on roadways controlled by the Town, (b) Appropriate setbacks from property boundaries or public road right-of-ways, (c) The need for manmade or natural barriers designed to restrict access, and the type, length, height and location thereof, (d) The control of dust, (e) Hours of operation, (f) Whether mining is prohibited within the involved Zoning district. Such recommendations shall be accompanied by documentation supporting the involved conditions on an individual basis. ii. Upon receipt of the resulting DEC mining permit, the applicant shall submit copies of the involved permit and all information provided to the DEC in support of the application to the Planning Board. The Planning Board shall accept the involved information as a complete Special Use Permit and Site Plan application, once the applicable Town application fees have been received. The Planning Board shall then incorporate into the Secial Use Permit any conditions contained in the involved state mining permit related to: (a) Ingress, egress, and the routing of mineral transport vehicles on roadways controlled by the town, (b) Appropriate setbacks from property boundaries or public road right-of-ways, (c) The need for manmade or natural barriers designed to restrict access, and the type, length, height and location thereof, (d) The control of dust, (e) Hours of operation, (f) Reclamation requirements contained in the mine's approved reclamation plan. j. For all mining operations not requiring a DEC mining permit, the normal procedures for Special Use Permit review and approval outlined in Subsection B shall be used and the following Special Use Permit conditions shall apply: i. A time schedule for completion of either the entire operation or, if excavation is to occur in stages, of each stage of the operation is submitted for approval.

ii. An operations plan, should carefully consider the number, size and type of trucks (including the number of axles) and other machinery to be used on the site including

July 2008 Draft

Article VI.32

Special Use Permit Requirements
their respective noise levels, the routing of trucks from the mine site, and the hours of operation are subject to approval by the Planning Board. The operations plan shall observe the following standards at a minimum: (a) No excavation shall be nearer than one hundred (100) feet from any property line or street, nor shall the excavation be nearer than three hundred (300) feet to any existing residence. (b) Blasting must conform to Occupational Safety and Health Administration (OSHA) regulations. (c) Stock piling of materials shall be located at least one hundred (100) feet back from public road or other property line. (d) No power-activated sorting machinery shall be located within two hundred (200) feet of any public road or other properly line, nor within six hundred (600) feet from a residence existing at the time of the enactment of this Zoning Law; and all such machinery shall be equipped with satisfactory dust elimination and noise abatement devices. iii. All excavation slopes in excess of fifty percent (50%) shall be adequately fenced, determined unnecessary by the Code Enforcement Officer due to the remoteness of the mining site. iv. A progressive restoration and rehabilitation plan showing both existing contours and proposed final contour after operations are completed is submitted for approval. The rehabilitation plan shall be completed within six (6) calendar months after termination of the extractive operation or other soil mining activity shall include, but not be limited to, restoration of the premises by grading, seeding, liming, fertilizing, sodding, etc. so that the premises are left in a safe and attractive condition commensurate with the surrounding landscape. Insofar as it is practical, the plan will provide for the return of the premises to slopes of less than one (1) vertical foot per three (3) horizontal feet, to eliminate gullies and holes. Ponds created during operations shall not become public nuisances dangerous to the general health, safety and welfare of the general public. Insofar as is possible, operations will not be permitted to significantly disturb the natural drainage pattern of the area; however, if such does occur, the plan of reclamation shall provide for the restoration of the natural drainage pattern of the area. v. A performance guarantee (performance bond or escrow deposit) to assure rehabilitation is provided, upon recommendation of the Planning Board and Town Engineer, in an amount and form satisfactory to the Town Board and the Town Attorney. vi. Any Special Use Permit issued under this Zoning Law shall be limited to a period of five (5) years and to a mining area of seven (7) acres not more than five (5) acres of which shall be disturbed, i.e. the active mining site or area awaiting rehabilitation at any one time. 33. Public or franchise utility station or structure, provided: a. The station or structure shall, wherever practicable, have the exterior appearance of a

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Article VI.33

Special Use Permit Requirements
principal or customary accessory building on a residential premises. b. Suitable landscaping, including screening from public roadways and neighboring residential properties, is provided. c. Public or franchise utility station or structures shall be subject to such additional conditions as the Planning Board may impose in order to protect and promote the health, safety and general welfare of the community and the character of the neighborhood in which the proposed structure is to be constructed. 34. Warehouses including self-storage, provided: a. The warehouse has a front yard setback of two hundred fifty (250) feet. b. The setback shall remain in its natural condition and/or attractively landscaped to the satisfaction of the Planning Board, so that the warehouse buildings are not vivible from the road. c. The warehouse shall comply with Article V, Section D(52), the Town’s Design Standards (see Appendix A). 35. Farm market, provided: a. The farm market shall be operated as an accessory use to the principal agricultural use on the farm and shall only be for the use of the farmer-applicant. b. The farm market shall not exceed 2,000 square feet of floor area for each 20 acres of farm property used in agricultural production and/or animal husbandry. The farm market shall consist of a single story. Nothing herein shall preclude the use of a legally existing agricultural accessory building on a farm for this use, provided that no greater area than the foregoing is used as a farm market unless the farmer-applicant can demonstrate that such additional square footage are shown to be necessary to the proposed far market operation and will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties and will not have an adverse impact on the physical or environmental conditions of the neighborhood or district. c. At least 25% of the total amount of the annual retail sale of agricultural, horticultural, floricultural, vegetable and fruit products, soil, livestock and meats, poultry, eggs, dairy products, nuts, honey, wool and hides and other agricultural or farm products shall be grown, raised or produced on the farm on which the farm market is located. Processed food, where the majority of the ingredients are grown on the farm, shall be considered part of the 25% minimum; these include but are not limited to baked goods and mixes, eggs, dairy products, juice, preserves, syrups, vinegars and salad dressings. The farm market may sell farm products grown or processed regionally (i.e. within the State of New York), provided that said products do not exceed 75% of the total annual retail sales of the farm market. A maximum of 25% of the total annual retail sales may be in agricultural products grown or processed outside the State of New York. No other grocery items, or products not listed here may be sold. Receipts and records of product purchases must be kept by the farmer-applicant. d. The farm market may sell food prepared on premises, using primarily agricultural and farm products sold at the farm market.

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e. The farm market may sponsor and conduct farm and harvest festivals on-site, provided that the number of festivals each year is not greater than 12, no carnival-type rides are utilized, the festivals are designed to provide agricultural marketing and promotional opportunities for the farm and/or the region’s agricultural producers, and if the festival involves five hundred (500) or more attendees, a Mass Gathering Special Use Permit pursuant to Chapter 83 of the Town Code is secured prior to the event(s). f. A farm market may be operated on a year-round basis and may contain bathrooms and/or an area for food preparation occupying no more than twenty (20) percent of the gross floor area of the farm market.

36. Automated Teller Machine (ATM), provided: a. All ATM banking machines shall be located within the interior of a building, whether such building consists of a banking institution or is located in a building or facility whose primary purpose is unrelated to banking activities. b. In no case shall an ATM machine be located in a facility open to the outdoor air or any defined parking area so as to require compliance with the New York State “ATM Safety Act.” The “ATM Safety Act” requires minimum lighting standards that exceed the Town of Rhinebeck’s Lighting Regulations found in Article V, Section V. 37. Senior citizen or elderly housing development, as defined in Article XIII of this Zoning Law, in the Senior Housing-Floating (SH-F) District, provided: a. Senior Housing-Floating (SH-F) Districts are established in accordance with the procedures for Zoning Amendments found in Article XII of the Zoning Law. A Senior Housing District is established only after the provisions contained herein are considered and a Zoning Map change has been approved by the Town Board. i. Senior citizen or elderly housing developments within Senior Housing Floating Districts are limited to establishment in the Town’s Historic Preservation (HP20), Rural Agricultural (RA10), Rural Countryside (RC6), Residential Low Density (RL5) and Village Gateway (VG) Zoning districts.

ii. The purpose of the Senior Housing-Floating District is to integrate such developments throughout the community so that no one neighborhood or area contains a concentration of such uses. No Senior Housing-Floating District shall be located within one mile of another Senior Housing-Floating District. iii. The Town Board shall consider the number, location, and size of all existing senior housing developments within the Town and the potential impacts of such additional senior housing units on community services and the community character. iv. The Town Board shall consider the need for a balanced diversity of housing options, locations, and costs to provide appropriate housing for all citizens whatever their life stage or income status. v. The Town Board shall consider the need to integrate senior housing wholly into the Town’s Comprehensive Plan decision-making process.

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vi. The Town Board shall consider the effects of establishing a Senior Housing District on the Town’s standard and green infrastructure, community facilities and services, schools, environmental quality, economic development, and transportation. vii. The Town Board shall seek to minimize economic and age stratification of the community by promoting infill housing that encourages compatibility of senior housing developments with existing housing stock. viii. The Town Board shall consider the extent to which senior housing developments have not only good immediate utility, but also represent a long-term value-added investment to the neighborhood and the community. b. Application procedures for approval of a senior citizen or elderly housing development are set forth herein at Subsection D(37)(s) below. c. The development area required shall be a minimum of eighty (80) contiguous acres within the HP20 District, forty (40) contiguous acres within the RA10 District, and twenty (20) contiguous acres within the RC6, RL5 and VG districts. d. The site shall be provided with water supply and sewage disposal facilities, through creation of new or connection/expansion (as appropriate) of existing community water supply and sewage disposal facilities in accordance with the requirements of the Town of Rhinebeck, the Dutchess County Department of Health and the New York State Department of Environmental Conservation. The applicant shall bear the full responsibility of providing for the water supply and sewage disposal needs of the development. e. The maximum number of dwelling units shall not exceed a gross density of two (2) dwelling units per acre, as defined in Article XIII. The development shall be designed and clustered following the four-step design process for conservation subdivisions found in Article V, Section I(7)(c) of the Zoning Law, to provide a conveniently- serviced development pattern and to provide usable open space for the development’s residents. The Town Board shall prescribe the minimum amount of open space for each Senior Housing Floating District created, but in no case shall there be less than 50 percent open space within any senior housing development as defined herein. f. The maximum number of dwelling units within an individual senior citizen or elderly housing development shall be one hundred and twenty (120) dwelling units. A minimum of 20 percent of such dwelling units shall be permanently dedicated as affordable housing, as defined and regulated under the Town of Rhinebeck Affordable Housing program found in Article V, Section CC of the Zoning Law.

g. One and two-tenths (1.2) off-street parking spaces shall be provided for each senior citizen or elderly dwelling unit. h. The minimum front, side and rear yards otherwise applicable to either building or parking area improvements with the respective underlying Zoning District in which the senior citizen or elderly housing development is situated (i.e. prior to establishment of the Senior Housing-Floating District) shall be doubled, i.e. increased by one hundred percent (100%). i. Maximum impervious coverage, including all principal and accessory structures- shall not exceed fifteen percent (15%) of lot area.

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j. Senior citizen or elderly housing developments shall be integrated into existing residential neighborhoods and shall be as compatible as practical with the design of the surrounding neighborhood.

k. First preference for dwelling units in a senior citizen or elderly housing development shall be given to existing residents of the Town of Rhinebeck, with second preference given to other residents of Dutchess County, and then to all others, as permitted by law. A valid photo identification card such as a New York State Driver's License, a New York State Nondriver Photo ID Card, or a voter registration card, will be accepted as proof of residency. l. Available support services and facilities provided may include, but are not necessarily limited to, the following: i. Emergency medical care

ii. Community room iii. On-site recreational opportunities including a game room, recreation room, workshop facility, swimming pool, sauna and/or whirlpool, exercise or multi-purpose room, and gardens where residents can participate in gardening activity iv. Property maintenance and security v. Ombudsman-type services to deal with social service and related needs and/or parttime doctor, dentist or podiatrist office vi. 24-hour call button vii. Optional meals and laundry service viii. Shuttle-type transportation service for shopping, recreation, health care visits and other purposes ix. Dining facility and/or coffee shop m. Not less than twenty-five percent (25%) of the dwelling units within the senior citizen or elderly housing development shall be designed to be adaptable as suitable, convenient living environments for handicapped persons. Furthermore, the project site and all primary entrances, hallways and entrances to individual units shall be wheelchair and handicapped accessible. n. The occupancy for a senior citizen housing development shall be limited to persons who are 62 years of age or older, with the following exceptions: i. A husband or wife under the age of 62 years who is residing with his or her spouse who is of the age of 62 years or older.

ii. Adults under the age of 62 years will be admitted as permanent residents if it is established that the presence of such persons is essential for the physical care or economic support of the eligible older occupant or occupants. iii. Certifying documentation of the requirements of this section shall be provided in the following forms:

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Article VI.37

Special Use Permit Requirements
(a) A Certificate of Occupancy shall be required for each dwelling unit in a senior citizen housing development, and said Certificate shall only permit occupancy in accordance with the floor area and other requirements as stated herein. (b) A Certificate of Compliance shall be filed for each unit occupied. It shall be the duty of the owner or his agent to file a Certificate of Compliance with the Town Zoning Enforcement Officer, indicating compliance with this section and the Town of Rhinebeck Zoning Law, as to its requirements relating to the number of occupants and the age of the occupants in each dwelling unit. The Certificate shall be filed for each dwelling unit within 30 days after its initial occupancy. A new Certificate shall be filed within 30 days after any change of occupancy. (c) The applicant and/or owners of a senior citizen or elderly housing development under this Subsection shall file with the Zoning Enforcement Officer, before the first Monday in December of each calendar year of operation, a report on forms supplied by the Zoning Enforcement Officer, for compliance with all provisions of this section. iv. Violations of this Subsection are subject to the penalty provisions of Article X, Section R of the Town Zoning Law. o. Senior housing sites shall provide residents with reasonable access to such conveniences and facilities as public transportation, hospital and medical services, shopping, checkcashing facilities, drugstores, religious, cultural and recreational facilities and personal services. p. Sites shall emphasize pedestrian circulation and shall provide a safe and reasonable system of drives, service access and parking conveniently accessible to all occupants. Sidewalks shall link parking lots, transit stops and buildings on site and with adjacent properties. q. Exterior architectural features shall be of a quality, character, compatibility and appearance that is in harmony with the surrounding neighborhood and the Town of Rhinebeck. The Planning Board shall be responsible for the review and recommendations of such exterior architectural features. r. Exterior areas shall be attractive and encourage outdoor activities and social interaction. Each dwelling unit shall contain a minimum of 65 square feet of outdoor common area per person and shall include seating accommodations in such common areas. All outdoor tables must allow a minimum of 29 inches from the ground to the underside of the top of the table to accommodate the arms of wheelchairs. Outdoor common areas shall be welldefined by landscape plantings and shall be linked to the natural open space of the site. Application procedures for senior citizen or elderly housing developments are set forth as follows: i. Prior to consideration of a Zoning Map Amendment, under the procedures established in Article XII of this Zoning Law, senior citizen or elderly housing developments are first subject to review and approval of an overall Concept Plan by the Town Board. The use of a collaborative charrette planning process, modeled on the guidelines and standards established by the National Charrette Institute (NCI), is encouraged for the

s.

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Article VI.38

Special Use Permit Requirements
development of the Concept Plan. The Town Board shall assure full opportunity for public participation in the development of the Concept Plan. ii. The establishment of a Senior Housing District pursuant to this Subsection shall be deemed to be a legislative act to be exercised in the sound discretion of the Town Board. The Town Board shall be under no obligation to accept an application for such re-zoning, nor shall it be obligated to approve such application for re-zoning after the application is accepted. The Town Board shall, in exercising its legislative discretion, take into account, among other things: (a) The need for additional senior citizen housing development within the Town of Rhinebeck; and (b) The potential fiscal, municipal services and other impacts, which may occur as a result of the creation of additional senior citizen housing development within the Town of Rhinebeck. iii. The applicant shall submit to the Town Board a Preliminary Concept Plan that includes all of the following components: (a) General Statement. The Preliminary Concept Plan shall include a narrative which describes how the proposal serves the goals and objectives of the Town Comprehensive Plan. This narrative should include information about potential phasing, an explanation of how the proposal complies with the design standards set forth herein, a description of the housing mix including affordable units and other proposed uses, and a discussion of compliance with LEED standards. (b) Environmental Analysis. The Preliminary Concept Plan shall include a map showing New York State protected freshwater wetlands, Federal jurisdictional wetlands, Town regulated wetlands, streams, 100 year floodplains, ecologically significant habitats as identified by Hudsonia Ltd. (maps showing such areas are on file in the Office of the Town Clerk), areas of 25 percent and greater slope, and such other environmental features and development limitations that would affect development of the site as more fully described in Article V, Section I(7) of the Zoning Law. (c) Sketch Plan. The Preliminary Concept Plan shall include a sketch plan, showing at a appropriate level of detail, buildings and other structures, the pedestrian, bicycle, and vehicle circulation system, vehicle parking areas, open space areas, and other required items. The sketch plan shall be designed to be an illustrative plan that can serve as a template for the application of specified design principles in order to achieve a desired form and appearance of development. The information provided shall include the following: (i) All improvements planned in conjunction with the proposed uses including general locations, layout, and dimensions of structures, parking areas, streets, utilities, recreation areas, conservation areas, and other information necessary to demonstrate compliance with the requirements of this Subsection, including square footage of building floor area, numbers of residential units, and impervious surface coverage.

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Special Use Permit Requirements
(ii) Conceptual plans for possible future uses. (iii) Project phasing. Project phasing is a means to provide transportation, water supply, wastewater, emergency, and other accommodations sufficient to meet the needs of proposed residential and other uses. The phasing plan shall include the proposed sequence of phasing of the construction of infrastructure and buildings and the ratio of residential and other nonresidential floor space to be built in each phase with estimated dates. In addition, the plan should address any proposed temporary uses or locations of uses during construction periods. (i) Fiscal impact. A standard fiscal impact model, such as the one described in Rutgers University’s Center for Urban Policy Research publication entitled The Fiscal Impact Handbook, may be used to describe such fiscal effects. (ii) Projected transportation impacts. These include the expected number of trips (peak and daily), an analysis of the impact of those trips on the adjacent road system, and proposed mitigation measures to limit any projected negative impacts. Mitigation measures may include improvements to the road system or specific programs to reduce traffic impacts such as developing/encouraging use of public transit, jitney service, pedestrian and bicycle facilities as well as proposed connections to existing or planned pedestrian and bicycle facilities, and other alternatives to single occupancy vehicles. (d) SEQR – DGEIS. The Concept Plan shall be subject to review of a Draft Generic Environmental Impact Statement under SEQR. The level of detail provided should reflect the degree to which the applicant has refined their conceptual plans. The level of detail provided in the DGEIS may affect the site-specific SEQR review required at the Site Plan and Special Use Permit review stages. When more sitespecific information is provided at the DGEIS stage, lesser information may be required at the site-specific SEQR review stage. In any case, the 6 NYCRR 617 review procedures for generic environmental impact statements shall govern the generic and site specific review processes. (e) Planning Board. If the Town Board receives a proposal for approval of a Concept Plan, the Town Board shall refer such Concept Plan to the Town Planning Board for its review and recommendations. The Planning Board shall review the Concept Plan and shall discuss it with the applicant at a regular meeting. The Planning Board may invite informal public comment at such a meeting. The Planning Board shall report its recommendations to the Town Board within 60 days after its next regularly scheduled meeting following the date of such referral of the proposed Concept Plan. The Planning Board's recommendation may be to adopt, adopt with modifications, or reject the proposed Concept Plan. If the Planning Board fails to report within 60 days, it shall be deemed to have no objections. (f) Public Hearing. Prior to approving a Concept Plan, the Town Board shall hold a public hearing on the Concept Plan in accordance with the Zoning Amendment procedures contained in Article XII. If the Planning Board provides a report recommendation to the Town Board, as provided for herein, said report shall become an official part of the minutes of the public hearing.

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Article VI.40

Special Use Permit Requirements
(g) Town Board Action. The Town Board shall refer the application to the Dutchess County Department of Planning and Development, under Section 239-m of General Municipal Law, prior to taking action on the application. Following refinement of the Preliminary Concept Plan based upon public participation in its development, completion of the public hearing, referral to the County, and the Generic SEQR review process, the Town Board may act to approve, approve with modifications or conditions, or disapprove the Concept Plan application and Zoning Map Amendment for the SH-F District in the exercise of its sole legal discretion. Approval of the Concept Plan application and Zoning Map Amendment shall be with the recognition that the rezoning constitutes a legislative act. Nothing in these regulations shall limit the Town Board’s ability to further restrict or to waive any provision of this Subsection, other than the density determination and use of the conservation design process for the overall design of the senior citizen or elderly housing development, which shall not be waived. (h) Planning Board Approval. Prior to the issuance of any Building Permit within a SH-F District, detailed Site Plan and Special Use Permit applications shall be approved by the Planning Board in accordance with the provisions of Articles VI and VII of the Zoning Law, and no building or other site development shall be commenced except in conformity with such approved plans and permits. (i) The Planning Board shall not approve any Special Use Permit for a senior citizen or elderly housing development unless said Board finds that the use is in substantial conformance with the Concept Plan which served as the basis for the Town Board approval. (ii) The Planning Board shall not approve any Site Plan for a senior citizen or elderly housing development unless said Board finds that the Site Plan is in substantial conformance with the Concept Plan which served as the basis for the Town Board approval of the Senior Housing District Zoning Map amendment. 38. Country Inn 1, provided: a. A minimum lot area of 20 contiguous acres is required for a County Inn 1. b. The minimum number of guest rooms in a Country Inn 1 shall be six (6) and the maximum number of guest rooms in a Country Inn 1 shall be twelve (12). c. Accessory recreational uses may include tennis, riding stables (see Article VI, Section D(27) for additional requirements of a riding facility), swimming pool, hiking trails, Par 3 golf, cross country skiing and similar low impact facilities. d. Access to a Country Inn 1 shall be from a State, County or through Town road. 39. Country Inn 2 in the Historic Preservation (HP20) District, provided: a. A Country Inn 2 within the HP20 District provides commercial hospitality lodgings in spacious settings that are principally intended for vacationing, relaxation, and conference activities for visitors to the community. Permitted are tourist lodgings such as hotels and cottages with commonly incidental recreation oriented uses including a spa facility, horseback riding, hiking, swimming, tennis and other similar outdoor activities. The Town

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Article VI.41

Special Use Permit Requirements
of Rhinebeck encourages the provision of hiking trails that provide opportunities for public use. b. Facilities that may be contained within the principal hotel building, in addition to lodgings, include but are not limited to a restaurant, library, reception facilities, conservatories,health spa, banquet facility, child care to accommodate guests, game rooms, athletic facilities, business and/or meeting rooms, retail sales incidental to the uses provided, and the various support functions such as laundries, kitchens and administrative offices. c. Accessory buildings may include but are not limited to stables, barns, retreat buildings, athletic related structures to support permitted outdoor activities and maintenance structures. Temporary and/or seasonal structures for events require Planning Board approval. d. The minimum number of rooms, suites, and/or guest cottages in a Country Inn 2 shall be fifty (50) and the maximum number of rooms, suites, and/or guest cottages in a Country Inn 2, whether in the hotel building or other lodgings is 100. Applicants proposing adaptive reuse and/or rehabilitation of structures listed on the National Register of Historic Places may be eligible for up to a ten (10) percent bonus in the number of rooms, suites and/or guest cottages, provided such adaptive reuse and/or rehabilitation complies with the Secretary of the Interior’s Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings. e. Primary access shall be from a State Highway. Alternative transportation methods shall be considered to minimize potential traffic impacts. f. A minimum lot area of 250 gross acres is required for a Country Inn 2.

g. A golf course is allowed as accessory to a Country Inn 2 by issuance of an additional Special Use Permit, provided the golf course meets the additional Special Use Permit conditions in Article VI, Section D(41) herein, but excluding the additional acreage required for the golf course. h. No building or parking area associated with the outdoor recreational use shall be located closer than one hundred (100) feet to any property line or within two hundred fifty (250) feet of any existing neighboring residence. Any such building or parking area shall be effectively screened by intervening landform or natural vegetation from all neighboring properties and public rights-of-way. i. Specific plans for public address systems and/or lighting for outdoor recreational facilities shall be submitted to and approved by the Planning Board, which approval must be preceded by a clear demonstration by the facility owner and/or operator that the features are both essential and will create no adverse effect on neighboring residential properties. Such facilities shall comply with the Town’s lighting and noise regulations found in Article V, Sections V and X. No facility for active recreational use shall be located within two hundred fifty (250) feet of any property line.

j.

k. No single new building constructed in connection with an outdoor recreational use or facility authorized under this subsection shall exceed five thousand (5000) square feet of

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Special Use Permit Requirements
gross floor area. The square footage of the clubhouse shall be determined to meet the required needs and services of the Country Inn 2, and shall be designed to be sensitive to the overall site. Any buildings used for agricultural activities in connection with the Country Inn 2, such as barns or stables, shall be exempt from the 5,000 square foot limitation. l. Except as may be further restricted by the Planning Board in its consideration of a specific application for a Special Use Permit, hours of operation for any outdoor recreational use or facility authorized under this subsection shall be limited to the period 7:00 AM through 9:00 PM daily.

m. The following objectives shall be satisfied: i. The exterior of existing dwellings, barns and related structures, if applicable, shall be restored whenever feasible. Consideration shall be given to quality of original architecture and subsequent modifications, current condition and relationship of the structures to the overall property or area when considering the feasibility of restoration.

ii. Existing formal and informal landscaping, stone wall and entrance gates shall be restored whenever feasible. iii. New construction shall be sited so as to have a minimum impact on the natural environment. Unique natural areas and open spaces such as streams, ponds, wetlands, steeply sloped areas, woodlands, and other sensitive environments shall be preserved to the greatest extent practicable. Where preservation is not practicable, appropriate mitigation measures shall be used to avoid or reduce impacts on such natuiral resources, as required by SEQR. iv. The maximum floor area shall not exceed five percent (5%) of the land included in the project proposal. v. The development shall be found to be in harmony with the objectives of the Town Comprehensive Plan and the Local Waterfornt Revitalization Program. 40. Major excavation and/or tree clearing, but not including uses defined and classified under this Zoning Law as Extractive Operations and Soil Mining, Agriculture, or Forestry, provided: a. It is the established policy of the Town of Rhinebeck that the natural topography of the land is a public asset which should be preserved and safeguarded. The various features of such topography, including the topsoil and other natural materials that constitute the land, the shape or contour of the land, the plant life and wildlife that is fostered on the land and the water or the flow thereof upon the land, are of prime concern to the welfare of the people of the Town of Rhinebeck. No changes shall be permitted in such topography or vegetation except those which are absolutely necessary, in order to permit the appropriate use of land, and then only after meeting the conditions of this subsection upon issuance of a Special Use Permit by the Planning Board. This Subsection does not apply to excavation as part of site preparation for land development activities (see Article V, Section E) for which a Subdivision, Site Plan or Special Use Permit approval has been granted by the Planning Board or for which a valid Building Permit has been issued by the Town Code Enforcement Officer.

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b. The Site Plan shall include pertinent information regarding site boundaries, existing manmade and natural features, including streams, wooded areas, all trees over six inches (6”) in diameter at breast height, wetlands, and both existing and proposed topography, vegetation and proposed revegetation within and adjacent to the area affected by the intended excavation, soil removal, grading activity or tree clearing activity. The specific location of the intended activity within the parcel, the extent and depth of either cut and/or fill proposed, the specific trees to be removed, and proposed site grading and associated rehabilitation including replanting of trees, whether through the installation of ground cover, shrubs and trees, creation of water bodies, or other means, shall be fully described on the Site Plan drawings. c. A time schedule for completion of the activity shall be submitted for approval, with a requirement that all aspects of the intended tree clearing, removal, fill or grading activity, including associated rehabilitation, be completed within a period of not more than six (6) calendar months from the start of work or within such lesser period between the deferred time work begins and the cessation of the Special Use Permit. d. To the extent deemed necessary by the Planning Board, the installation and related maintenance of appropriate soil erosion and sediment control measures until approved site rehabilitation has occurred and become established shall be required. The applicant shall demonstrate compliance with Article V, Section Y (the Habitat and Natural Resource Management regulations) and Article V, Section Z (the Stormwater Management regulations) of the Zoning Law. e. Except to the extent deemed necessary by the Planning Board and consented to in writing by the adjacent property owner or owners, no excavation, fill, or grading activity that will result in creation of an exposed slope greater than one (1) foot vertical to ten (10) feet horizontal within fifty (50) feet of a property line or within one hundred (l00) feet of a neighboring residence shall be authorized. The above notwithstanding, in no event may any exposed slope so located exceed one (1) foot vertical to five (5) feet horizontal. f. At the discretion of the Planning Board, a performance guarantee (irrevocable letter of credit, certified check, performance bond, escrow deposit or other acceptable assurance, equal to the cost of the proposed work) to assure rehabilitation may be required and, if so, shall be provided. Upon recommendation of the Planning Board and Town Engineer, the guarantee shall be in an amount and form satisfactory to the Town Board and the Town Attorney and shall be accompanied by written assurance that the major excavation or tree clearing shall be completed in accordance with the approved Site Plan.

g. Any Special Use Permit for major excavation or tree clearing issued under this Zoning Law shall terminate one (1) calendar year from the date of issuance. 41. Golf course or country club with a golf course, provided: a. A minimum lot area of 110 contiguous acres is required for a golf course or country club with a golf course. b. The facility complies fully with the limitations set forth in the general definition of “outdoor recreation use” in Article XIII. c. The facility falls fully within the more specific definition of “golf course” as also set forth in

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Special Use Permit Requirements
Article XIII. d. No building, parking area, practice area or other appurtenant feature associated with the use shall be located closer than one hundred (100) feet to any property line or within two hundred fifty (250) feet of any existing neighboring residence. Any such building or parking area shall also be effectively screened by intervening landform and/or natural vegetation from all neighboring properties and/or public rights-of-way. e. No in-bounds portion of the golf course shall be located within one hundred (100) feet of any property line of any existing neighboring residence or heretofore platted residential building lot. f. Access to the facility shall be from a State or County highway.

g. Specific detailed plans for public address systems and/or lighting or other special effects associated with the golf course or country club shall be submitted to the Planning Board as part of the initial application for Special Use Permit. Approval shall be preceded by a clear demonstration by the facility owner and/or operator that the features are both essential and will create no adverse effect on neighboring residential properties. Such facilities shall comply with the Town’s lighting and noise regulations found in Article V, Sections V and X. h. The natural (i.e. undeveloped) open space areas of the golf course shall be preserved to the extent practicable by conservation easement or other appropriate legal mechanism in the Site and/or Subdivision Plans and deed, acceptable to the Planning Board and Town Attorney. The Town of Rhinebeck encourages applicants to provide hiking trails for public use, if feasible. i. As part of the SEQR environmental review process, the Planning Board, if acting as Lead Agency, should consider the development and use of a comprehensive guidance document for the management of natural resources and environmental impacts associated with the golf course to minimize or avoid the effects of regrading, removal of vegetation, loss of natural habitats and loss of animal species on the site. The natural resource management goals of such a guidance document would be to plan for: i. Wildlife conservation and habitat enhancement;

ii. Waste reduction and management; iii. Energy efficiency; iv. Water conservation; v. Water quality management and monitoring; and vi. Integrated pest management including an organic (i.e. no or low pesticide use) approach to golf course management. 42. Bed and breakfast, establishment, provided: a. The bed and breakfast establishment shall be created as an accessory use and a home occupation, as defined in Article XIII of this Zoning Law, occupying a portion of a singlefamily dwelling or a lawfully existing structure.

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Article VI.45

Special Use Permit Requirements
b. Upon conversion of a portion of its floor area to a bed and breakfast establishment, the residential dwelling shall retain at least one (1) bedroom for the exclusive use of the occupant(s) of the principal dwelling unit to which the bed and breakfast establishment is accessory. c. The bed and breakfast establishment shall neither offer more than five (5) rooms for rent for transient occupancy nor shall the establishment accommodate more than ten (10) guests on any occasion. d. The operator of the establishment shall be a principal occupant of the dwelling in which the guest rooms are located. e. Approval has been granted by the Dutchess County Health Department for any required new on-site sanitary sewage or water supply facilities, including, as may be applicable, certification through Health Department approval. Such approval shall certify that the onsite water supply and sewage disposal facilities are sufficient to accommodate the additional demands of the bed and breakfast establishment on the residential premises where such accessory use is proposed. f. Other Licensing requirements administered by the Dutchess County Health Department and applicable to bed and breakfast establishments are satisfied.

g. Off-street parking, provided in accordance with Article V(B) of this Zoning Law, is both screened by natural vegetation and located, where practicable, in a rear or side yard. h. As in the case of other authorized home occupations, a single identity sign not exceeding four (4) square feet in total surface area shall be permitted. Unless attached to the principal structure, no such sign shall be located closer than fifteen (15) feet to the front property line, nor closer than twenty (20) feet to any other property line. 43. Commercial recreation facility, provided: a. The minimum lot area for any facility either wholly or partially outdoors shall be not less than five (5) acres. b. No active outdoor area related to the commercial recreation facility may be located closer than one hundred (100) feet to any property line or two hundred fifty (250) feet to any existing neighboring dwelling at the residential district boundary. Both the active outdoors area and all parking service areas and the like associated with the facility shall be effectively screened by intervening landform and/or vegetation from all neighboring properties and public rights-of-way. c. Specific detailed plans for public address systems and/or lighting or other special effects associated with the outdoor areas of the commercial recreation facility shall be submitted to the Planning Board as part of the initial application for Special Use Permit. Approval shall be preceded by a clear demonstration by the facility owner and/or operator that the features are both essential and will create no adverse effect on neighboring residential properties. d. No tavern or bar shall be operated on the premises; alcoholic beverages shall not be sold. e. Except as may be further restricted by the Planning Board in its consideration of a specific application for Special Use Permit, hours of operation for the outdoor portion of any

July 2008 Draft

Article VI.46

Special Use Permit Requirements
commercial recreation facility shall be limited to 7:00 AM through 10:00 PM daily. 44. Fast-food establishment, as defined herein, provided: a. Hours of operation shall be reviewed and approved by the Planning Board so as to be compatible with adjacent uses and residential areas and to avoid the creation of any nuisance condition; and b. The inclusion of accessory recreational facilities or similar amusement areas, including tot lots, video games and the like, as part of the fast-food establishment shall be strictly prohibited; and c. The establishment shall not alter the identity of Rhinebeck in a way which detracts from its uniqueness or contributes to a nationwide trend of standardized fast food offerings; and d. The establishment shall contribute to a diverse and appropriate blend of uses in the district; and e. The establishment shall compliment the uses already located in the District and must help promote and foster the economic base as a whole; and f. The establishment shall be compatible with existing surrounding uses and shall be designed and operated in a non-obtrusive manner to preserve the community’s character and appearance; and

g. The establishment shall not provide a drive-through window or drive-in service; and h. The establishment shall not exceed 2,000 square feet on the ground floor; and i. The establishment shall not create a substantial impact to the public safety from increased traffic. The Planning Board may require a traffic study.

45. Funeral home, provided: a. The funeral home maintains the appearance and the building and site design characteristics of a residential dwelling. b. The funeral home shall be located on a single lot with no less than the minimum lot area specified for the Zoning district. c. Access to the funeral home shall occur directly from a State or County highway or by a through Town road other than a residential subdivision street. d. Off-street parking and its associated lighting, provided in accordance with Articles V(B) and (V) of this Zoning Law, is both screened by intervening landform and/or natural vegetation from neighboring residential properties and located in a rear or side yard. 46. Veterinarian’s office (fully enclosed), provided: a. The veterinarian’s office maintains the appearance and the building and site design characteristics of either a residential dwelling or a farm building. b. The veterinarian’s office shall be located on a single lot with no less than the minimum lot area specified for the Zoning district. c. Access to the veterinarian’s office shall occur directly from a State or County highway or by a through Town road other than a residential subdivision street.

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Article VI.47

Special Use Permit Requirements
d. Off-street parking and its associated lighting, provided in accordance with Articles V(B) and (V) of this Zoning Law, be both screened by intervening landform and/or natural vegetation from neighboring residential properties and located, where practicable, in a rear or side yard. e. If the veterinarian’s office includes the boarding of animals, other than sick and recuperating animals that are receiving short-term treatment, then the applicant shall additionally meet the requirements for commercial boarding or breeding kennels in Article VI, Section D(21) of the Zoning Law and the minimum acreage required for the Zoning District by the District Schedule of Area and Bulk Regulations shall be doubled. 47. Sawmill and related uses, provided: a. The minimum lot area shall be twenty-five (25) contiguous acres. b. All elements of the sawmill, including storage areas for logs and sawn lumber, bark, sawdust and other waste materials, buildings and equipment areas shall be screened by existing landform and/or vegetation from the direct view of abutting residential properties and public roadways. c. All buildings or other structures and all equipment or storage areas associated with the sawmill shall be located not less than two hundred fifty (250) feet from any property line, nor less then five hundred (500) feet from any neighboring dwelling. Additional setbacks may be imposed by the Planning Board as a condition of approval of the Special Use Permit to provide sound buffering to nearby residential uses. In all cases, sawmills and related uses shall comply with the Town Noise Regulations (see Article V, Section X). d. No storage area for logs, sawn lumber or vegetative waste materials shall be located within one hundred (100) feet of any stream, other water body or well providing a source of potable water. e. Access to the sawmill shall be provided directly from a State or County highway or by a through Town road other than a residential subdivision street. f. Hours of operation shall be limited to 7:00 AM through 8:00 PM Monday through Saturday.

g. Sawmill wastes (such as bark and sawdust) shall be removed for recycling on a regular basis, preferably for composting, bioenergy production, and other environmentally sustainable purposes. 48. Marinas, boat clubs, boathouses, boat ramps, docks and moorings, provided: a. Jurisdiction over marinas, boat clubs, boathouses, boat ramps, docks and moorings, in the Town of Rhinebeck shall extend 1,500 feet from the mean high water mark of the Hudson River or to the westerly limits of the Town’s municipal boundary, whichever is greater. b. All marina projects shall include, as appropriate, sufficient parking, park-like surroundings, restrooms, adequate water supply, adequate sanitary sewage and trash disposal and recycling facilities and arrangements, including marine sewage pump-out facilities. c. To the extent feasible, marina basins shall be designed for maximum tidal flushing and circulation in consideration of both river currents and wind action.

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Article VI.48

Special Use Permit Requirements
d. Any marina shall be located in an area where the physical attributes required by marinas already exist and where minimal initial and subsequent maintenance dredging would be required. The Planning Board shall consider the extent to which submerged aquatic vegetation will be disturbed and the potential adverse impacts of removal of such vegetation by the application. e. Dedicated parking spaces for vehicles and trailers shall be provided a minimum rate of 0.75 such parking spaces per slip, plus whatever additional spaces are required for employees or as may be required by this Zoning Law for other uses or activities authorized on the premises. f. All applicable compliance review, permit and/or approval requirements administered by the Town of Rhinebeck through its Local Waterfront Revitalization Program, Dutchess County Health Department, the New York State Department of Environmental Conservation or Department of State Coastal Management Program, the U.S. Army Corps of Engineers or the Federal Emergency Management Agency shall be strictly met.

g. Fuel dispensing shall be prohibited. 49. Passive Adult Uses, provided: a. That the passive adult use, as defined in Article XIII of the Zoning Law, complies with the following requirements as to location, in addition to any other applicable requirements of this Zoning Law: i. No building containing a passive adult use shall be located within 1,000 feet of any lot or parcel that has been improved with a residential dwelling or for which an application for land use or Building Permit approval of a residential dwelling or dwelling unit was filed prior to the date of filing of a Special Use Permit application for a passive adult use.

ii. No building containing a passive adult use shall be located within 1,000 feet of any lot or parcel on which a public or private school, church or other place of religious worship, day-care use, park, existing playground or recreational facility open to the general public is located. iii. In determining location requirements pursuant to this Subsection, all required distances shall be measured from the nearest lot line of the lots or parcels containing any of the uses in Subsection D(49)(a)(i) or (ii) to the nearest part of the building in which the passive adult use is proposed to be located. b. That such use shall be one which is specifically authorized as a Special Permit Use in the district within which such particular site is located. c. That the total floor area devoted to the passive adult use shall not exceed 2,500 square feet, exclusive of cellar space used for enclosure of mechanical, heating and similar building equipment. d. That no more than one passive adult use shall be located on any lot. e. That the passive adult use complies with all applicable area and bulk regulations set forth in this Zoning Law, in addition to the requirements herein. Compliance with the minimum distance requirements set forth in Subsection D(49)(a) above with respect to

July 2008 Draft

Article VI.49

Special Use Permit Requirements
separation from other uses is a condition precedent to the classification of passive adult use as a Special Permit Use with the Town, and, in the event that any reduction in such minimum distance is proposed, such variance shall be considered as a use variance. f. That appropriate provision has been made for access facilities adequate for the estimated traffic from public streets and sidewalks, so as to assure the public safety and to avoid traffic congestion. Vehicular entrances and exits shall be clearly visible from the street and not within 75 feet of the intersection of the street lines at a street intersection.

g. That there are fully adequate parking areas, in conformity with the standards established in this Zoning Law and all other pertinent provisions of the Town of Rhinebeck Code, for the anticipated number of occupants, employees and patrons and that the layout of the parking spaces and interior driveways is convenient and conducive to safe operation. h. That the Planning Board may require a protective planting strip adjacent to every side and rear lot line abutting an existing building or use. Such planting strip shall not be less than ten (10) feet wide, situated within any required side or rear yard, designed and laid out with suitable plant material which will attain and shall be maintained at a height to be stipulated by the Planning Board, which height shall not be less than six feet nor more than 10 feet, so as to provide an effective natural screen between nonresidential and residential uses or districts along side and rear lot lines. i. That adequate site lighting is provided while minimizing or avoiding adverse impacts of lighting on adjoining properties through strict adherence with the Town of Rhinebeck Lighting Regulations found in Article V, Section V. That adequate provision has been made for collection and treatment of stormwater runoff in accordance with Article V, Section Z of this Zoning Law.

j.

k. That any proposed signs, displays, architectural design or lighting visible from any public street or right-of-way or upon surrounding properties be designed and constructed so as to fully conform to the requirements of the Zoning Law and to avoid or mitigate to the maximum extent practicable any reasonably foreseeable adverse effect of the proposed use upon minor children passing by. l. That the proposed Site Plan has been designed with adequate provision for safety, internal and external fire protection and security concerns and the adequacy of access from and to a public right-of-way.

m. That the proposed Site Plan avoids, minimizes or mitigates any demonstrated or potential impact of the proposed use upon community services, including but not limited to police and fire protection. The Planning Board shall refer the proposed Site Plan and Special Use Permit applications to the Town Fire Department and any other agency of local or state jurisdiction for a report on the potential secondary adverse impacts and recommendations as to appropriate measures that can be taken to avoid or mitigate such impacts. n. That the proposed use avoids, minimizes or mitigates any reasonably foreseeable cumulative effects on the character of the community and adjoining properties, taking into consideration the proposed hours of operation, other existing or proposed passive adult uses, and similar uses with the potential for deleterious effects on the community. o. That the duration of a Special Use Permit issued by the Planning Board for a passive adult

July 2008 Draft

Article VI.50

Special Use Permit Requirements
use shall conform to the following requirements: i. A Special Use Permit issued pursuant to this Subsection shall initially be valid for one year from the date of issuance.

ii. Prior to expiration of the Special Use Permit, it may be renewed upon application by the permit holder, payment of Special Use Permit and any other applicable fees and demonstration by the applicant of continued compliance with all applicable Special Use Permit conditions and requirements of this Subsection of the Zoning Law. iii. The duration of such renewal may be established by the Planning Board, in its sole discretion, but shall not exceed three years. 50. Bus garage, provided: a. The minimum lot area shall be ten (10) contiguous acres. b. All buses shall be stored in fully enclosed buildings. c. The bus garage shall comply with all applicable Special Use Permit conditions found in Article VI, Section D(25). 51. Guest cottage, provided: a. The maximum gross floor area devoted to the guest cottage shall be 600 square feet. No kitchen facilities are permitted in a guest cottage. b. Not more than one guest cottage shall be authorized on a residential premise. c. The guest cottage shall be supported by water supply and sewage disposal facilities deemed suitable by the Dutchess County Health Department, which facilities may be shared with the principal dwelling unit on the premises. d. The guest cottage shall be in compliance with all provisions of the New York State Uniform Fire Prevention and Building Code. All other applicable laws, ordinances and regulations shall be complied with and both a Building Permit, where applicable, and a certificate of occupancy shall be obtained before occupancy. e. The quest cottage shall satisfy all minimum setback requirements set forth in the District Schedule of Area and Bulk Regulations’ for a principal structure within the zoning district. f. The guest cottage shall be situated on a lot with not less than the minimum lot area specified for the respective Zoning District. If the guest cottage is located within the RM District, a minimum lot area of three acres shall be required.

52. Use of the Town’s Design Standards. Use of the Town’s Design Standards (see Appendix A of this Zoning Law) and compliance with the Town’s Environmental Performance Standards (see Article V, Section A) is required. 53. Standards Within the Flood Fringe Overlay District. With the exception of agriculture and forestry, all uses proposed within the Flood Fringe Overlay (FF-O) District, including municipal uses, shall be considered Special Permit Uses subject to review by the Planning Board for compliance with the standards contained within the Town of Rhinebeck Flood Damage Prevention Law (as amended) and with the following

July 2008 Draft

Article VI.51

Special Use Permit Requirements
additional standards, as shall be certified to by a registered architect or licensed professional engineer: a. All structures shall be designed and anchored to prevent flotation, collapse or lateral movement due to floodwater-related forces. b. All construction materials and utility equipment used shall be resistant to flood damage. c. Construction practices and methods shall be employed which minimize potential flood damage, including the requirement that all structures and other improvements be designed to withstand hydrostatic pressure, erosion and seepage to an elevation not less than the one hundred (100) year flood elevation. d. Adequate drainage shall be provided to reduce flood hazard exposure. e. All public utilities and facilities shall be located and constructed to minimize or eliminate potential flood damage. f. All water supply systems shall be designed to minimize or eliminate flood water infiltration. No new septic tank, leach field or other sanitary sewage disposal system shall be located within the FF-O District. This shall not prevent the replacement of existing systems.

g. No new structure intended for residential use shall be located within the FF-O District. This shall not prevent the replacement of existing residential structures. h. Except for agricultural uses and forestry uses, all new non-residential construction or substantial improvements to such non-residential structures shall have their lowest floor, including basement, elevated to at least two (2) feet above the water level of the one hundred (100) year flood or, as an alternative, be flood proofed up to the same water level, including attendant utility facilities. i. Except for agricultural uses and forestry uses, no use shall be permitted, including fill, dredging or excavation activity, unless the applicant has demonstrated that the proposed use, in combination with all other existing and anticipated uses, will not raise the water level of the one hundred (100) year flood at any point. No storage of materials or equipment that are buoyant, flammable, explosive or could otherwise be injurious to human, animal or plant life shall be permitted. Underground storage tanks shall be prohibited in the FF-O District.

j.

k. A record of all necessary permits from State or County agencies from which approval is required shall be provided. l. Plans shall be submitted showing such information as may be necessary to determine the suitability of the particular site for the proposed development or use, which information shall include, but not be limited to, the following: i. The location of the lot or construction site in relation to affected watercourses or other bodies of water, boundaries of the Flood Fringe Overlay (FF-O) District, topography of the site with elevations in relation to mean sea level, existing and proposed buildings and other structures, fill, drainage facilities, and the location and description of any materials proposed to be stored within the FF-O District on either a permanent or temporary basis incidental with the proposed project;

July 2008 Draft

Article VI.52

Special Use Permit Requirements
ii. Elevation in relation to mean sea level of the lowest floor, including basement, of all existing and proposed structures; iii. Elevation in relation to mean sea level to which any nonresidential structure is proposed to be flood proofed together with its attendant utility and sanitary facilities; iv. Details of how any non-residential flood proofed structures meets or exceeds essential flood proofing standards, i.e. that flood proofing occur so that below the base flood level the structure is water tight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy; v. Documentation that any non-residential principal structure or the replacement of any existing residential structure intended for habitation, whether termed a principal structure or an accessory structure by this Zoning Law, has at least one (1) access route from a public road, street or highway which is wholly above the one hundred (100) year flood elevation and which route can be used for access by emergency equipment and for the evacuation of persons; and vi. Description of the extent to which any watercourse will be altered or relocated as a result of the proposed development. m. Any Special Permit issued for a use proposed within the Flood Fringe Overlay District shall satisfy any further criteria set forth in the Town of Rhinebeck Flood Damage Prevention Local Law (Local Law No. 1 of 1987). This shall include as a condition the additional requirement that certification by a registered architect or licensed professional engineer of as-built compliance with the approved plans be submitted to the Town Code Enforcement Officer prior to either use of the property or the issuance of a Certificate of Occupancy for the intended use or structure. Copies of this certification shall be maintained by the Code Enforcement Officer as a permanent public record available for inspection. 54. Communication Facilities and Towers, provided: a. Communications facilities and towers require issuance of a Special Use Permit by the Planning Board, in accordance with Article VI, for the following purposes: i. To preserve the character and appearance of the Town while simultaneously allowing Adequate Communications Services to be developed;

ii. To protect the scenic, historic, environmental, natural and man-made resources of the community with special attention to the Hudson River National Historic Landmark District, the Mid-Hudson Historic Shorelands Scenic District, the Estates District Scenic Area of Statewide Significance, structures or sites listed on the National Register of Historic Places, Scenic Viewsheds and Special Features including sites bordering designated State, County or Town Scenic Roads, “special features” identified in the Town’s Comprehensive Plan, lands within the Waterfront Revitalization Area, and any other significant feature of community importance identified in a Town planning document; iii. To provide standards and requirements for regulation, placement, construction, monitoring, design, modification and removal of Communication Facilities and Towers;

July 2008 Draft

Article VI.53

Special Use Permit Requirements
iv. To provide a procedural basis for action within a reasonable period of time on requests for authorization to place, construct, operate or modify Communication Facilities; v. To preserve property values; vi. To minimize the total number and height of new Communication Towers throughout the community and maximize the use of existing Communication Towers, tall buildings and other high structures to reduce the number of new Towers needed to serve the community; vii. To locate Communication Facilities and Towers so that they do not have adverse impacts on the general health, safety, welfare and quality of life within the community, including but not limited to, attractive nuisance, noise and threat of falling objects; viii. To require owners of Communication Facilities and Towers to configure them so as to minimize and mitigate the adverse visual impact of the Towers and Facilities; and ix. To require Communication Tower sharing (co-location) and clustering of Communication Facilities where possible. b. Consistency with Federal Law. The provisions of this Subsection, including the regulations set forth herein, are intended to be consistent with The Telecommunications Act of 1996, as amended (“The Act”) in that: i. The regulations do not prohibit or have the effect of prohibiting the provision of Communication Services.

ii. The provisions are not intended to be used to unreasonably discriminate among providers of functionally equivalent Services. iii. The provisions do not regulate Communication Services on the basis of the environmental effects of radio frequency emissions to the extent that the regulated Services and Facilities comply with the FCC’s Regulations concerning such emissions. c. Exclusions. For the purposes of this Subsection, the following shall not be construed to be Communication Facilities or Towers: i. Receive-only antennae and satellite dishes maintained for residential use.

ii. Any other building-mounted antennae less than ten (10) feet in height, no part of which exceeds eight (8) feet in diameter. d. Special Permit Requirements. No person shall erect, construct or otherwise install a new Communication Facility or Tower at any location within the Town of Rhinebeck or cause the “Major Modification” of an existing Communication Facility or Tower, without first obtaining a Special Permit from the Town Planning Board in accordance with the following requirements. For purposes of this Subsection, a Communications facility or tower shall be considered a principal use and never an accessory use: i. For purposes of this Subsection of the Zoning Law, “Major Modification” of an Existing Communication Facility or Tower shall mean the following: (a) An increase in the height of a Communication Tower by 20 feet or more.

July 2008 Draft

Article VI.54

Special Use Permit Requirements
(b) An increase in the number of antennas on a Communication Tower by more than 50 percent. (c) The addition of new or additional microwave dish antennas on a Communication Tower. (d) Any expansion of the original footprint of the Communication Tower or an increase in the original footprint of the accessory buildings or other facilities and improvements on the Communication Tower site by more than 50 percent. ii. The facility or tower is in compliance with the District Schedule of Use Regulations established pursuant to Zoning Law Article III. The Town encourages Communication Towers and Facilities on major thoroughfares and in non-residential Zoning districts if feasible. iii. The application complies with the Special Permit Application Procedure set forth for all Special Permit Uses in Zoning Law Article VI(B). iv. The facility or tower is in compliance with the General Standards for all Special Permit Uses set forth in Zoning Law Article VI(C). v. The facility or tower is in compliance with the Specific Standards for Communication Facilities and Towers set forth herein. e. Specific Standards for Communication Facilities and Towers. The Planning Board shall apply the Specific Standards set forth below in its consideration of any Application for a Special Use Permit for a Communication Facility or Tower: i. Shared Use. Shared use of existing Communication Towers or the use of other existing structures shall be preferred to the erection or construction of new Towers. Where shared use of an existing Communication Tower or other existing structure is a feasible alternative, the Applicant may be denied a Special Permit for erection or construction of a new Communication Tower. Applicants shall demonstrate that there are no opportunities for co-location available.

ii. Compatibility with FAA Navigational Aids. The Applicant must demonstrate that the proposed Communication Facility or Tower will not interfere in any way with in-place VOR radio beacon navigational aids for aircraft. f. Site Requirements: Area and Bulk Standards: i. Minimum Lot Area. The use shall meet the miniimum lot are requirementws for the district set forth in Article IV but in no case shalll shall the minimum lot area be less than ten (10) acres. The above notwithstanding, depending upon the configuration of the site and its relationship to neighboring properties, a site in excess of the minimum lot area may be required to ensure the protection of public health, safety and welfare through both substantial setback from neighboring properties, with special consideration given to properties on which pre-existing residential dwellings are located, and proper visual screening of the proposed Communication Facility or Tower from these properties.

ii. Minimum Setbacks. In order to achieve the above-cited objectives the minimum setback of a Communication Tower shall be two hundred fifty (250) feet from any

July 2008 Draft

Article VI.55

Special Use Permit Requirements
adjoining property line and five hundred (500) feet from any existing residential dwelling. In addition, the minimum separation of any structure or facility appurtenant to the tower shall be not less than fifty percent (50%) of the required Tower setback. The above notwithstanding, in no event may the minimum setback of any new Tower from any property line and/or vegetative screening be less than the sum of the following: (a) The height of the Communication Tower to be erected, and (b) Thirty (30) feet. This minimum setback distance shall apply to all Communication Tower components, including guy wires, guy wire anchors and accessory facilities. g. Site Requirements: Design Standards. i. Ability to Accommodate Shared Use. Any new Communication Tower or major modification of an existing Tower shall be designed so as to be structurally capable of accommodating shared use.

ii. Tower Lighting. In addition to any beacon light, other type of illumination or warning device, if any, required by the FAA, any Communication Tower erected within The Town of Rhinebeck shall be equipped with a beacon light if deemed necessary by the Planning Board. Security lighting of equipment structures and other facilities on site shall be shielded from abutting properties and shall comply with Article V, Section V. There shall be total cutoff of all light at the property lines of the parcel to be developed, and foot-candle measurements at the property line shall not exceed 0.25 initial foot-candles when measured at grade. h. Scale and Appearance. i. Communication Towers or attachments thereto should be no higher than ten feet above the average height of the existing tree canopy or buildings within 300 feet of the proposed facility. However, the height of a Communication Tower or attachments thereto shall not exceed the height limits of the zoning district in which the facility is proposed to be located, unless the facility is completely camouflaged in accordance with Article VI, Section E(6)(a).

ii. The above provisions regarding height and lighting notwithstanding, any Communication Tower shall be sited and designed to be the minimum height necessary to fulfill its function and to avoid, whenever possible, compliance with additional FAA lighting and marking requirements based on Tower height and location. iii. Except as required by the FAA, no Communication Tower shall be painted in a color or colors not in harmony with its natural and man-made surroundings. iv. No Communication Tower shall support any advertising messages or other commercial signs. Non-ionizing warning signs and other signs necessary to meet the legal requirements of the Applicants FCC license to operate shall be permitted. v. A chain link fence not less than eight (8) feet in height with locking gates shall be installed to fully surround the base of any Communication Tower, including all of its components, and any accessory buildings or other facilities and improvements on the

July 2008 Draft

Article VI.56

Special Use Permit Requirements
tower site and such fence shall be landscaped to screen views of the fence and accessory buildings. vi. As required by Article VI.D(6), all Communication Towers and accessory buildings or other facilities and improvements shall comply with the Performance Standards set forth herein and shall be sited to minimize any adverse visual effect on the environment. Accessory buildings or other facilities shall employ building materials, colors and textures that are both durable and selected to blend with the natural surroundings. vii. Existing on-site vegetation shall be preserved to the maximum extent practicable to both mitigate the visual impact of the Communication Tower and related buildings and facilities and maintain the stability of soils within the project site. viii. No cutting of any trees exceeding four inches (4”) DBH shall take place except as may be authorized by the Planning Board through the issuance of a Special Permit and grant of Site Plan Approval. ix. Adequate access to, and parking at, the Communication Tower site shall be provided for both service and emergency vehicles, with maximum use made of existing roadways, both public or private. Moreover, to the extent practicable, any roadway construction required to access a Communication Tower site shall be carried out in a manner that minimizes disturbance to the land, generally limiting grading and the cutting of vegetation to the more restrictive of the following: either the top-of-slope in fill sections and the top-of-slope in cut sections or a distance ten (10) feet beyond the edge of the required access roadway. x. In order to meet the above criteria, and otherwise both minimize adverse visual impact and reduce soil erosion potential, any access road shall closely follow natural contours. xi. As a condition of the Special Permit and for maintaining a Certificate of Occupancy and/or Certificate of Compliance once issued, any access roadway shall be maintained throughout the useful life of the Communication Tower site in a workmanlike manner, including the plowing of snow, periodic trimming of vegetation that may obstruct the access roadway, and undertaking of repairs in a timely manner to address any roadway defects, drainage problems, erosion conditions or other circumstances that may develop, so as to ensure the roadway is at all times in a safe and passable condition for both service and emergency vehicles. i. Performance Standards. All Communication Towers, including Major Modification of an Existing Communication Tower, shall comply with the performance standards set forth in this section. i. Camouflage. (a) All wireless telecommunications facilities shall be designed to blend into the surrounding environment through the use of design and color except in such instances where color is dictated by federal or state authorities, such as the Federal Aviation Administration. (b) A wireless telecommunications facility, which is roof-mounted on a building, shall be concealed within or behind existing architectural features to limit its visibility

July 2008 Draft

Article VI.57

Special Use Permit Requirements
from public ways and shall be stepped back from the front facade in order to limit its impact on the building's silhouette. (c) A wireless telecommunications facility, which is side-mounted on a building, shall be painted or constructed of materials to match the color of the building material directly behind it. (d) The use of stealth technology to camouflage new Communication Towers is required for all Communication Towers that exceed the height limits established in Article VI, Section E(5) herein. The Communication Tower shall be designed to eliminate, to the greatest extent possible, the visibility of the proposed facility as viewed from a residence, public road or pathway, or public area by means of concealment, camouflage, disguise, or placement. The applicant shall make every available effort to ensure that the visibility of the proposed Communication Tower is slight or non-existent. Communication Tower shall not be located on ridgetops or along the ridgeline and they should be provided with an adequate backdrop so that they are not skylined. (e) Communication Facilities and Towers shall be camouflaged by vegetation and/or design as follows: (i) Camouflage by vegetation. If Communication Facilities and Towers are not camouflaged from public viewing by existing buildings or structures, they shall be surrounded by buffers of existing dense tree growth and understory vegetation in all directions to create an effective year-round visual buffer (see the tower shown in the middle of the photograph to the right). Communication Towers shall provide a vegetative buffer of sufficient height and depth to effectively screen the facility. Trees and vegetation used for camouflage shall be existing on the subject property. The Planning Board shall determine the adequacy of the trees and plant materials to properly camouflage the Tower. (ii) Camouflage by design. In open and wooded areas, Communication Facilities and Towers shall be camouflaged to resemble or mimic a native coniferous species of tree or by other means, such as new construction of a silo (see photograph to the right of a cell tower on a silo), flagpole, clock

July 2008 Draft

Article VI.58

Special Use Permit Requirements
tower, bell tower, cross tower, steeple or other innovative replication of a structure that would be consistent with the character of the community as determined by the Planning Board. Modification of an existing silo, flagpole, clock tower, bell tower, cross tower, steeple or other adaptive use of a structure, consistent with the character of the community as determined by the Planning Board, may also be used to accommodate a Communication Tower. In no case shall a camouflaged Tower exceed 70 feet in height. ii. Noise. Roof-mounted or side-mounted equipment for Communication Facilities and Towers shall not generate noise in excess of 50 dB at ground level at the base of the building closest to the antenna, including standby power generation equipment. iii. Radio frequency radiation (RFR) standards. All equipment proposed for Communication Facilities and Towers shall be authorized per the FCC Guidelines for Evaluating the Environmental Effects of Radio Frequency Radiation (FCC Guidelines). The owner of the facility shall submit evidence of compliance with the FCC standards on a yearly basis to the Planning Board. If new, more restrictive standards are adopted by any appropriate federal or state agency, the facility shall be made to comply or continued operations may be restricted by the Planning Board. The cost of verification of compliance shall be borne by the owner and/or operator of the facility. iv. Facility Design standards. (a) Equipment shelters. Equipment shelters for wireless telecommunications facilities shall be designed consistent with one of the following standards: (i) Equipment shelters shall be located in underground vaults; or (ii) Equipment shelters shall be designed to be architecturally compatible, both in style and materials, with principal structures on the site, as determined by the Planning Board; or (iii) Equipment shelters shall be camouflaged behind an effective year-round landscape buffer equal to the height of the proposed building. The Planning Board shall determine the types of plant materials and depth of the needed buffer based on site conditions. (b) Accessory structures. Accessory structures for Communication Facilities and Towers shall be permitted if the structures are constructed for the sole and exclusive use and operation of the facility and meets the following requirements: (i) Accessory structures may not include office, long-term vehicle storage, other outdoor storage or other uses that are not needed to send or receive communication transmissions. (ii) Accessory structures shall be less than 500 square feet and 15 feet in height. (iii) Accessory structures shall be camouflaged behind an effective year-round landscape buffer equal in height to the proposed structure. (iv) In all districts, the use of compatible building materials, such as wood, brick or stucco, is required for all accessory structures, which shall be designed to match architecturally the exterior of residential and/or commercial structures

July 2008 Draft

Article VI.59

Special Use Permit Requirements
in the neighborhood, as determined by the Planning Board. In no case will metal exteriors be allowed for accessory structures. (c) Scenic landscapes and vistas. Communication Facilities and Towers shall not be located within open areas that are visible from public roads, recreational areas or residential development. As required herein, all Communication Facilities and Towers shall be surrounded by a buffer of dense tree growth or shall be camouflaged by design to minimize the adverse visual and aesthetic impacts of the facility. j. Environmental standards. i. Communication Facilities and Towers shall not be located in wetlands or in regulated wetland buffer areas, in endangered, threatened, or special concern species habitats, water bodies, historic, or archaeological sites.

ii. No hazardous waste shall be discharged on the site of any wireless telecommunications facility. If any hazardous materials are to be used on site, there shall be provisions for full containment of such materials. An enclosed containment area shall be provided with a sealed floor, designed to contain at least 110% of the volume of the hazardous materials stored or used on the site. iii. Any increase in stormwater runoff shall be contained on site. iv. Ground-mounted equipment for Communication Facilities and Towers shall not generate noise in excess of 50 dB at the property line, including standby power generation equipment. k. Safety standards. i. Radio frequency radiation (RFR) standards. All equipment proposed for a wireless telecommunications facility shall be authorized per the FCC Guidelines. The owner of the facility shall submit evidence of compliance with the FCC Guidelines on a yearly basis to the Planning Board. If new, more restrictive standards are adopted by any appropriate federal or state agency, the facility shall be made to comply or continued operations may be restricted by the Planning Board. The cost of verification of compliance shall be borne by the owner and operator of the facility.

ii. Security barrier. All wireless telecommunications facilities shall be provided with security measures, such as fencing, anti-climbing devices, electronic monitoring and other methods, sufficient to prevent unauthorized entry and vandalism. Fencing shall be solid wood and shall include a locking security gate. Electrified fence, barbed or razor wire shall be prohibited. iii. Structural soundness and fall zone. Wireless telecommunications facilities shall be designed by a licensed professional engineer to withstand overturning and failure. In the event of failure, facilities shall be designed so that they will fall within the setback area of the site and/or away from adjacent residential properties. The Planning Board shall require fall zone documentation describing the consequences of a catastrophic collapse of the Tower as well as foundation design and a certificate of safety from the carrier to document structural soundness.

July 2008 Draft

Article VI.60

Special Use Permit Requirements
l. Application Requirements. In addition to the requirements otherwise set forth in Article VI(E) of this Chapter, all applications for the issuance of a Special Permit and/or the grant of Site Plan Approval for a Communication Facility or Tower shall be accompanied by maps, reports and other data presenting to the extent pertinent the following information: i. An Existing Conditions Map depicting: (a) The location of all structures and other improvements within the project site and all structures and above-grade improvements on adjacent properties and located within three hundred (300) feet of the boundaries of the project site. (b) The location, species, approximate height and mass of all trees within the project site and within three hundred (300) feet of its boundaries. (c) The topography of the protect site and adjacent property within three hundred (300) feet thereof, based on either field survey or, where field survey information is not available, interpretation of USGS data. ii. Manufacturer’s Data regarding the proposed Communication Facility or Tower including, but not limited to the following: (a) Make and model of the Communication Tower to be erected or the equipment to be installed. (b) Design data, installation instructions and construction plan. (c) Identification of the cumulative levels of radiation emitted by or from both the Communication Tower and its appurtenant Facilities and all other Communication Towers and Facilities located within one thousand (1,000) feet thereof. This data shall include: (i) frequencies in use. (ii) effective radiated power, and (iii) calculated data demonstrating that all transmissions are in compliance with FCC Regulations in effect at the time of application. (iv) Identification of the effects siting and operation of the Communication Tower and its appurtenant Facilities will have on existing communication towers, antennas, or other electromagnetic devices within one thousand (1,000) feet of the proposed installation. iii. Proposed Communication Tower Maintenance and Inspection Procedures and Records System, including demonstration of how initial and continuing compliance with FCC and FAA standards will occur. A copy of each report filed with the FCC or FAA to comply with these standards shall be simultaneously filed with the Town Code Enforcement Officer and each such report shall be certified to be true, complete and accurate or otherwise subject to applicable penalty of law. iv. A Communication Tower Siting Report shall be submitted with regard to any proposed new Tower. The report shall document the following: (a) In accordance with above Section D(5)(a)(1) good faith efforts to secure shared capacity from existing towers as well as capacity for future shared use of the

July 2008 Draft

Article VI.61

Special Use Permit Requirements
proposed Communication Tower. The former demonstration shall include at least the following: (i) Inventory of existing communication towers within a reasonable distance of the proposed site. (ii) Identification of opportunities for shared use of existing towers as an alternative to erection of a new Communication Tower. (iii) Copies of written requests made, and responses received from, existing Communication Tower owners regarding shared use of their Towers. (iv) Propagation studies to identify gaps in coverage and the need for the Tower. (b) A technical and visual impact analysis of other alternatives to the proposed Communication Tower at the location intended, including at least the following: (i) Consideration of alternative new Communication Tower sites which could similarly satisfy the applicant’s requirements. (ii) Consideration of the installation of towers, antennae or masts on existing buildings or other alternative structures, particularly for “fill-in” sites. (c) Alternative designs for the Communication Tower, or Re-Rad, including those which minimize adverse visual impact by using non-traditional design elements selected to blend more effectively with the natural and/or man-made surroundings. (d) A compliance Report on Non-Ionizing Electromagnetic Radiation (NIER) prepared by a qualified engineer and/or health physicist setting forth calculations regarding the maximum amount of non-ionizing electromagnetic radiation which will be emitted from The Communication Facility or Tower and demonstrating compliance with the applicable NIER standards set forth below: (i) The standards for public exposure to NIER established by the Institute of Electrical and Electronics Engineers, American National Standards Institute (ANSI). (ii) Any standard for NIER that may be promulgated by the FCC. v. A completed Visual Assessment Form (Visual EAF) as part of the initial SEQR submission. Upon its evaluation of the information provided by the Visual EAF, the Planning Board may scope and require the submission of a more detailed visual analysis. vi. A detailed Landscape Plan addressing through initial and continuing maintenance of existing vegetation and the installation of new plantings the visibility of the Communication Facility or Tower from adjacent properties and from other key viewing points identified during the visual assessment, including to the extent pertinent locations both within the Town and beyond its borders. With regard to mitigation of visual impact on immediately adjacent and other neighboring properties, not less if an the planting or retention of native evergreen species capable of forming a continuous natural buffer at least ten (10) feet in height within twenty-four (24) months of Communication Tower construction shall be provided to effectively screen the Tower base and accessory facilities from such properties.

July 2008 Draft

Article VI.62

Special Use Permit Requirements
vii. As a condition of any Special Permit issued by the Planning Board for a Communication Facility or Tower and in addition to the requirement set forth in above paragraph c, the Planning Board may require future submission of reports and other documentation demonstrating continuing compliance with any of the regulations in effect at the time the Special Use Permit was issued or any superceding or new regulations that may be adopted by either the FCC or other federal regulating agency. viii. As part of the submission and as a condition precedent to the issuance of any Special Permit by the Planning Board for a Communication Facility or Tower, either the Applicant or both the Applicant and the landowner should the Applicant not be the landowner shall specifically recite and acknowledge in writing the provisions of below Sections VI(D)(7), (9) and (11)(e). ix. As a condition of any Special Permit issued by the Planning Board for a Communication Facility or Tower, the Planning Board shall require the posting of a suitable performance guarantee, the performance guarantee being at the Town’s discretion either a performance bond or an irrevocable letter of credit with a specific schedule of payments if work is not completed, to ensure either of the following: (a) The completion of all work associated with authorized Communication Facility installation or Tower construction within the time frame specified by the Building Permit. (b) Both removal of any Communication Facility installation or Tower construction left incomplete and the restoration of the site to its prior state to the extent deemed practicable by the Planning Board. Except as may be authorized by the Planning Board in consideration of seasonal factors, all such removal and remediation shall occur within six (6) months of the cessation of work on the Communication Facility installation or Tower construction. The date of such cessation of work shall be determined by the Code Enforcement Officer and set forth in notice to either the Applicant or the Applicant and landowner should the Applicant not be the landowner. No Building Permit shall be issued until such performance bond or similar guarantee has been accepted by the Town Board. The Town Board shall employ the following criteria to determine the adequacy of the performance guarantee proposed by the Applicant: (iii) The scope of work governed by the performance guarantee shall be the worst case, or most extensive, scenario of removals and remediation defined by the Planning Board. (iv) The amount of the performance guarantee shall be based on an estimate for carrying out the above scope of work, such estimate either prepared or reviewed and confirmed by the Town Engineer. (v) The form of the performance guarantee shall be reviewed and approved by the Town Attorney. x. Evaluation by Independent Consultants. Upon submission of an Application for Special Permit for a Communication Facility or Tower, the Planning Board shall retain an independent consultant, at a reasonable rate to be paid by the applicant, to assist

July 2008 Draft

Article VI.63

Special Use Permit Requirements
the Planning Board in technical review of the Application. The consultant shall be a qualified professional in one or more of the following fields: (a) telecommunications engineering, (b) structural engineering, (c) monitoring of electromagnetic fields, or (d) other relevant field deemed essential by the Planning Board. xi. Required Inspections. Any Communication Facility or Tower erected within the Town of Rhinebeck shall be subject to the below structural inspection requirements: (a) The Applicant, or the Applicants successors, shall cause a bi-annual inspection of the Communication Tower and related accessory structures and related improvements to be conducted by a qualified licensed professional engineer. The inspection shall specifically address whether the Communication Tower and related accessory structures and related improvements are being maintained in a structurally safe and workmanlike manner. A written report certified to by the inspecting professional engineer shall present information regarding the nature and timing of the inspection conducted, identify all deficiencies noted, propose appropriate corrective action, and include a schedule for carrying out the work. (b) Such certified bi-annual report shall be filed with the Town of Rhinebeck Code Enforcement Officer within sixty (60) days of the first and each succeeding biannual anniversary of the issuance of the initial Certificate of Occupancy authorizing use of the facility site. (c) Upon submission of such report, the Applicant, or the Applicant’s successors, shall schedule with the Code Enforcement Officer an appointment for his inspection of the property. m. Abandonment and Removal. Within sixty (60) calendar days of receipt of written notice from the Code Enforcement Officer, either the Applicant, the landowner, or their successors shall cause the dismantling and removal of any Communication Facility or Tower, whether erected prior or subsequent to the enactment of Local Law No. 4, 1999, the use of which the Code Enforcement Officer has deemed to be discontinued or otherwise abandoned for the period specified below: i. Pertaining to a Communication Tower and related accessory structures and improvements, where operations have ceased for a period of twenty-four (24) consecutive months with intent to resume the use or operation not providing exemption from this requirement.

ii. Pertaining to any other Communication Facility, where the operation of such Facility has ceased for a period of six (6) consecutive months with intent to resume its use or operation not providing exemption from this requirement. It shall be the responsibility of the Town of Rhinebeck Code Enforcement Officer to notify in writing by certified mail the owner of any Communication Facility or Tower existing at the time of the enactment of Local Law No. 4, 1999, of this requirement within sixty (60) calendar days thereof. n. Certificate of Insurance Required. Adequate and sufficient liability insurance shall be maintained during the construction period and throughout the life of any Communication Tower erected within the Town of Rhinebeck. The minimum acceptable amount of

July 2008 Draft

Article VI.64

Special Use Permit Requirements
liability insurance shall be established by the Planning Board in its review of the Application for Special Use Permit. Prior to the issuance of the Special Use Permit, documentation that such liability insurance has been secured shall be submitted to the Town in the form of a Certificate of Insurance identifying the Town of Rhinebeck as a coinsured party and in at least the minimum amount specified by the Planning Board. Maintenance without interruption of liability insurance in like or greater amount and with the Town named as a co-insured party shall be required as a continuing condition of the Special Use Permit and related Certificate of Occupancy and/or Certificate of Compliance. o. Exemption for Amateur Ham Radio Operations. Any Communication Tower erected on residential or other premises in support of amateur barn radio operations shall be wholly exempt from the provisions set forth throughout Article VI(D) of this Chapter provided each of the following criteria is met: i. A Building Permit for the erection of any such Communication Tower shall be secured from the Town of Rhinebeck.

ii. Not more than one (1) such Communication Tower for the exclusive use of the owner of the residential or other premises shall be constructed on any individual parcel or on adjoining parcels in common ownership. iii. No such Communication Tower shall be more than fifty (50) feet in height. iv. There shall be no sale or lease of space for commercial purposes on any such Communication Tower erected and maintained on a residential or other parcel in support of amateur ham radio operations. v. The Town’s Code Enforcement Officer shall be granted scheduled access to the residential or other premises for making a safety inspection of the condition of any such Communication tower at a bi-annual interval.

E. Rhinecliff Overlay (Rc-O) District
1. Intent. The hamlet of Rhinecliff is an important 19th Century planned traditional neighborhood in the Town of Rhinebeck. Containing over 100 historic structures, Rhinecliff evolved as a small center for civic life, culture and commercial activity, including an early railroad and shipping hub. For decades, Rhinebeck’s residents have consistently stressed the importance of preserving the role of the village of Rhinebeck as the town’s center for commercial, financial, governmental and residential uses, and Rhinecliff as a smaller version of the village – honoring its historic integrity as a hamlet. The Morton Memorial Library and the firehouse, the post office and the Rhinecliff Train Station all depict the essence of the hamlet. While Rhinecliff has some limited potential for growth, its historic character must always be preserved and protected. Rhinecliff’s significance is recognized by its central location within the Hudson River National Historic Landmark District, a State designated Scenic Area of Statewide Significance, and the Mid-Hudson Historic Shorelands Scenic District. Rhinecliff is also a part of the Hudson River Valley Greenway, is an important component of the Hudson River American Heritage River designation, is located within New York State’s Coastal Zone boundaries and is subject to the Town’s adopted Local Waterfront REvitalization Program (LWRP). All of these recognitions of

July 2008 Draft

Article VI.65

Special Use Permit Requirements
Rhinecliff’s importance demand special attention when existing development is proposed for expansion or modification, or new development is proposed. The Rhinecliff Overlay (Rc-O) Zoning District, as delineated on the Town Zoning Map, does not represent the entire area referred to by its place name — Rhinecliff. It is an historic area that has grown with unique characteristics, which has created a special identity for the entire hamlet area. The Zoning Law regulates development within the historically significant estates, farms, and landscapes surrounding the hamlet center largely through the provisions of the Historic Preservation Zoning District. In order to protect and preserve the integrity of the hamlet area, which is composed of several underlying zoning districts, the Rc-O Zoning District requirements specified in this section have been designed to protect the unique qualities of the hamlet area through the implementation of standards and restrictions to regulate development and redevelopment, architectural design and scale, landscaping, streets and streetscapes, scenic views, signage, transportation and historic preservation. The Rc-O District is intended to encourage the continuation of uses that are in harmony with the hamlet area, to preserve the pedestrian character of the hamlet, to improve its visual character, protect residential uses and enhance the hamlet as a secondary cultural center for the Town. 2. Objectives. All proposed development and redevelopment within the boundaries of the Rc-O District shall be consistent with the following objectives: a. Protect and preserve Rhinecliff’s architecture and pattern of design, while simultaneously improving hamlet amenities. b. Continue the existing residential character of the hamlet with special attention given to architectural design, lighting, landscaping, streetscapes, pedestrian amenities and signage. c. Promote greater pedestrian safety while allowing for continued but more restricted traffic movements, providing shared means of ingress and egress to developed and developing properties. Ensure that existing hamlet streets are not widened, but rather maintained as rural thoroughfares. Implement traffic calming measures which designate pedestrian comfort as a primary consideration of all hamlet streets. Resolve design conflicts between vehicular and pedestrian movements in favor of the pedestrian. Ensure safe, attractive streetscapes and pedestrian amenities by: i. Providing pedestrian-scale lighting, street trees, and landscaping along sidewalks;

ii. In the business district, providing street furniture, such as benches and trash receptacles where appropriate; iii. Maintaining parking as a buffer between pedestrians and moving vehicles, both onstreet and in parking lots; and iv. Enhancing pedestrian street crossings with articulated pavers, bump-outs, raised crosswalks and other traffic calming measures. v. Improve the visual characteristics of the hamlet by implementing landscaping standards. Landscaping should enhance views from the hamlet to the Hudson River and Catskill Mountains beyond. vi. Improve the overall quality of the hamlet by carefully reviewing all signage and lighting fixtures so that they are of an appropriate size and scale, and aesthetically designed.

July 2008 Draft

Article VI.66

Special Use Permit Requirements
vii. Design the height of new buildings to be consistent with that of neighboring buildings. viii. Design roofs to be sympathetic with the vernacular architecture. ix. Utilize traditional building materials. x. Limit the square footage of new dwellings and the expansion of existing ones to prevent oversized, out-of-character homes in order to maintain the most desirable characteristics of the hamlet and prevent alteration of the historic character of Rhinecliff. xi. Prevent the building of second or third story additions to a one or two-story building when it would result in a structure which is out of character with the buildings surrounding it or results in a visual intrusion of a neighboring property. xii. Prevent the construction of a large building built to replace a portion, or all of a demolished one, which may be out of scale with surrounding buildings. xiii. Plan for the accommodation of automobile traffic wherein pedestrian comfort and safety are of the utmost importance. 3. Uses and Bulk Regulations. Uses and bulk regulations in the Rc-O District are designed to maintain the integrity of the District. Existing patterns of use and development shall govern future permitted uses and development patterns in order to enhance the character of the hamlet, to maintain harmony and compatibility with the nationally significant historic importance of the hamlet and to protect the hamlet’s unique environmental resources. In the event of a conflict between these regulations and those of the underlying Zoning District, the more stringent regulation shall apply. Nothing contained herein shall prohibit the use of an existing lot of record for residential purposes provided, that: a. Such lot may not be used for more than one (1) principal dwelling unit and one (1) subordinate accessory structure. b. Such use shall satisfy applicable requirements of the Town of Rhinebeck, Dutchess County Department of Health and New York State Department of Environmental Conservation for potable water supply and sanitary sewage disposal. c. In consideration of minimum lot area, a conventional septic disposal system shall be permitted on existing lots of record of less than one (1) acre in area, provided the Town Engineer has reviewed and approves the system. No new lot created in accordance with the Town Subdivision Regulations and served by a conventional septic disposal system shall be less than one (1) acre in size. d. The installation of an alternative sanitary sewage disposal system using pumping or other alternative waste disposal method shall be permitted only when approved by the Dutchess County Department of Health and, if required, the New York State Department of Environmental Conservation and only in accordance with the Schedule of Bulk Regulations specified in subsection C(7) below. e. Accessory structures shall not exceed 650 square feet in gross floor area nor exceed 25 percent of the gross floor area of the principal structure, whichever is less. f. Expansion of existing dwelling units and construction of new dwelling units shall require

July 2008 Draft

Article VI.67

Special Use Permit Requirements
Special Use Permit and Site Plan approval in accordance with Articles VI and VII of the Zoning Law respectively. g. The maximum gross floor area of a principal structure within the Rc-O District shall be no more than 2,300 square feet. h. Demolition of historic structures is governed by the Town of Rhinebeck Historic Buildings regulations (see Article V, Section BB), which requires “careful, thoughtful evaluation of any proposed action that would cause the demolition or removal of any such recognized historic building” and by the requirements of the Town’s adopted Local Waterfront Revitalization Program (LWRP). The LWRP requires a coastal consistency assessment for agency actions to, “assure consistency of proposed actions undertaken by the Town with the policies and purposes of the LWRP.” The Town Board, Planning Board and Zoning Board of Appeals shall be guided by the policies and purposes of the LWRP. 4. Site Plan and Special Use Permit Requirements. All uses, expansions, modifications and other development of land in the Rc-O Zoning District shall be subject to Special Use Permit and Site Plan review and approval, in accordance with Articles VI and VII of the Zoning Law. Within the Historic Preservation (HP20), Residential Low Density (RL5) and Residential Medium Density (RM1) Zoning districts, the Planning Board may waive some or all of these requirements, in accordance with Article VI, Section E(5)(j) herein. 5. Special Use Permits and Site Plan Approval. Special Use Permits granted for uses, expansions, modifications and other development of land in the Rc-O District shall include such conditions as the Planning Board shall determine to be necessary to assure that any new use, or greater intensity or density of use authorized hereunder, will be accomplished with the minimum possible modification of and impact on the existing features of the particular parcel or parcels, and without impairment of the uses for which the hamlet area is reasonably adapted. a. Concept plan. A concept sketch plan shall be presented to the Planning Board for its review and approval. Such plan shall include a rendering of how the building will appear from the street frontage. Architectural guidelines are as follows. Objectives are statements describing a desired outcome within the hamlet. Guidelines are statements of what is considered acceptable in the community. By following the guidelines, applicants are put on notice of what is expected of them. Knowing this early on in the planning stages of a project can reduce delays and confusion during the design phase of a project and helps applicants build a project that the community considers desirable. i. Objectives for Additions to Existing Structures. Compatible additions that do not compromise the character of the historic building or destroy significant architectural features are appropriate within the Rc-O District. While additions may reflect the point in time of their construction, they must respect the architectural character and fabric of the historic building and its surroundings as follows: (a) Additions that radically change the proportion of impervious area to open space area on the site are not appropriate;

July 2008 Draft

Article VI.68

Special Use Permit Requirements
(b) Consideration of archaeological resources should be conducted in consultation with the New York State Office of Parks Recreation and Historic Preservation when grading or other disturbance of property is proposed; (c) Wood siding, and/or earth-based materials, such as brick, stone, cement reinforced clapboard siding and/or stucco are acceptable materials. Fiber-cement siding (such as Hardi-Plank Siding) is an acceptable material for new construction additions when it holds a similar texture, appearance and reveal dimension to wood siding. Vinyl, plastic and metal siding are not appropriate. ii. Guidelines for Additions to Existing Structures: (a) The material, style, and detail of design additions should be compatible with the original structure rather than duplicating it exactly; (b) Locate, design and construct additions so that the character-defining features of the structure are not obscured, destroyed, damaged or radically changed; (c) Limit the size and scale of additions so that the integrity of the original structure is not compromised; (d) Changes in height that alter the character and scale of the existing building to accommodate an addition are not appropriate; (e) Minimize site disturbance for construction of additions to reduce the possibility of destroying site features and/or existing trees. (f) Stone walls, natural rock formations or other cultural features should be retained and incorporated into proposed Site Plans. iii. Objectives for New Construction. New construction in the Rc-O District should contribute to and emphasize the characteristics which make the neighborhood unique. The guidelines provided herein are designed to ensure that new construction complements and never detracts from the historic character and features of the District. The guidelines are designed to encourage creativity by providing a framework that will allow for new architecture, using criteria based on the compatibility of the new building’s setback, scale, massing, and material. When planning and designing for new construction, there are seven key principles that should be considered: (a) Site Planning: The varied placement of Rhinecliff houses is a direct reflection of the hilly topography and results in a unique, character-defining landscape. New buildings should respect this approach and follow the same guiding factors with respect to topography, adjacent setbacks, spacing, and lot coverage, which approximates the ratio of building to open space. Grade changes and soil and vegetation removal should be minimal. (b) Building Shape and Massing: New buildings should respect the massing of nearby structures. Mass is the overall bulk of a building and footprint is the land area it covers. The mass and footprint of a building is directly related to a building’s height, width and scale. The historic hamlet contains buildings of varying forms and shapes and studying the context of the site in order to determine the proper

July 2008 Draft

Article VI.69

Special Use Permit Requirements
relationship between new and existing buildings is critical. Using compatible roof forms and shapes is another way to relate new and old buildings. (c) Scale: The size of an object in relation to other objects in close proximity. The scale of new buildings should be consistent with nearby historic buildings of the hamlet. (d) Height: The height of new buildings should approximate the height of nearby buildings. Houses in the Hamlet District are generally smaller than their contemporary counterparts. Most are built on low, stone foundations, and ceiling heights can be 8-10 feet. Some variance in height is acceptable since most hamlet blocks contain a predominance of one and two story structures, with an occasional three story building. Maximum height, from primary-façade grade to roof peak, shall be 35 feet. In no case shall a building exceed three stories. See also Bulk Requirements and section C(3) for other limitations within the Hamlet District. (e) Fenestration: Fenestration refers to the pattern and arrangement of openings on the façade of a building. While windows and doors on new buildings do not have to duplicate historic windows, the dimensions and placement on the building should be respected. Blank walls should be avoided. The main entrance is usually the most prominent feature of houses within the hamlet, and should be emphasized in new construction, as well. (f) Landscaping: Landscaping is an important and integral feature of the hamlet. The Site Plan for new construction projects should identify existing trees, walls, walks, or other features, which should be incorporated into the landscape design, and every effort should be made to save existing trees, shrubs, and landscape features, which have important value. iv. Guidelines for New Construction: (a) Site new buildings so that the setback, spacing and orientation to the street is consistent with existing buildings within the given block or street; (b) New construction should have a similar height and width of existing buildings within a block or street; (c) Relate the roof form, pitch, and overhang of new construction buildings to existing roofs within the hamlet; (d) Design the spacing, pattern, proportion, size, and detailing of windows, doors, and vents to be compatible with existing buildings within the district; (e) Incorporate architectural elements and details that provide hamlet scale to proposed new buildings. Design new buildings using exterior materials typical of buildings in the hamlet including brick, wood, and stone. Materials such as cast stone, fiber cement, and concrete are appropriate for new construction if they are used in a manner compatible with construction techniques and finishes used for existing buildings in the district. It is not appropriate to substitute vinyl or aluminum siding in place of traditional materials typical of the historic hamlet; and

July 2008 Draft

Article VI.70

Special Use Permit Requirements
(f) Incorporate existing large trees, historic landscape and other features, such as stone walls, scenic views and paper roads into the proposed Site Plan. During construction, protect trees and site features to be retained by temporary fencing, and do not disturb or contaminate the soil or store construction materials within the root zone of trees to be saved. b. Landscape Plan. A detailed landscaping plan shall be included with the Site Plan submission to enhance the building design and to buffer the structure from surrounding property where conflict may result, such as parking facilities near yard spaces, streets or residential units, and different building heights, design or color. c. Porches. Within the Hamlet Zoning District only, single-family residences should have covered porches at least six (6) feet deep, along at least a portion of the front of the building ,or along the side coming to the front. d. Fences. Front yard fencing, if provided, must be wood picket, wrought iron, stone or timber in a traditional design, at least two (2) feet high, but not more than four (4) feet high. Fence materials and designs shall be consistent with the character of the hamlet. e. Elevations. Architectural renderings depicting all sides of the building(s) shall be provided. f. Storage. Refuse storage (dumpster) locations shall be depicted on the plans, shall not be located near, or adjacent to, surrounding residential properties and shall be screened with plantings or compatible fences made of natural materials.

g. Lighting. Lighting shall be to human scale, and shall comply with the Town’s lighting regulations found in Article V Section V. h. Building Height. Design the height of new buildings to be consistent with that of neighboring buildings. Building height shall be subject to a review of the extent to which it will block existing views from surrounding property. Substantial view blockage shall be avoided by alternative roof design or imposition of a special height limit as a condition of approval. The Planning Board may require a viewshed analysis to determine visual impacts and appropriate mitigation measures. i. j. Setbacks. Setbacks from the street should be consistent with the prevailing setbacks on adjoining properties, as determined by the Planning Board. Parking. The following parking requirements shall supercede other parking regulations contained in this Chapter. i. Shared parking. Shared parking, defined as one or more parking facilities being used jointly by multiple users, shall be allowed. Parking demands must “peak” during different times of the day. There shall be a shared use agreement between the parties who will be sharing parking evidenced by recipricol easement agreements filed in the Dutchess County Clerk’s Office. Parking shall be within 500 feet of the use.

ii. Credit for on-street parking. The amount of required off-street parking shall be reduced by one off-street parking space for every on-street parking space adjacent to the use. The allowable credit toward off-street parking requirements shall be addressed during Site Plan review.

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Article VI.71

Special Use Permit Requirements
iii. The Planning Board has the power to reduce or waive minimum off street parking requirements, taking into account the proposed use, pedestrian accessibility and other reasonable indications that the amount of parking is adequate to meet estimated parking needs. iv. Parking for residential uses shall be located to the rear of the structure if possible. If parking is accessed from the front street, the parking garage shall be located at least 20 feet back from the front of the dwelling. k. Waivers. The Planning Board may waive or modify any requirement under this Subsection (i.e. Article VI, Section E) under the following circumstances: i. Where the Planning Board finds that compliance with the guidelines is not possible due to exceptional conditions of topography, access, location, shape, or other physical features of the site, the minimum requirements of these regulations may be waived or modified, provided that the public interest is protected, the plan is in keeping with the general spirit and intent of these regulations and full compliance with SEQR is still provided.

ii. No waiver or modification may be granted if it would have the effect of nullifying the intent and purpose of the Zoning Law, the Comprehensive Plan or these regulations. No waiver or modification may be made on a condition which would otherwise require variance from the Town Zoning Board of Appeals. The Planning Board may refer a request for a waiver to the Zoning Board of Appeals for an interpretation as to whether such request constitutes a waiver or a variance. The Planning Board may hold a public hearing on a request for a waiver from this Subsection, in addition to the mandatory public hearings on the proposed Special Use Permit and Site Plan approval. iii. The Planning Board may, in granting waivers of modifications to these standards or guidelines herein, incorporate such reasonable conditions as will, in its judgment, substantially secure the objectives of the requirements so waived. iv. No waiver or modification may be deemed approved or granted by implication. All waivers and modifications must be expressly set forth in the written findings and minutes of the Planning Board.

F. Rhinecliff - Hamlet Transition (Rc-HT) District
1. Intent. The Town Board finds that specific properties within the Hamlet - Transition (Rc-HT) District, which are located proximate to the Rhinecliff Business (RB) and Hamlet (H) Zoning districts, will serve to encourage the preservation of the historic character of the hamlet while maintaining its residential integrity. The economic fabric of the Town and hamlet will be compromised if the character of these properties is allowed to disappear. 2. Objectives. Properties included in the Rc-HT District have been or have the potential to be adaptively reused for low-intensity mixed-uses. In order to maintain and protect the small-scale historic residential quality of these properties, adaptive reuse will be allowed by Site Plan and Special Use Permit subject to the conditions established herein. The Rc-HT District Standards will protect the residential quality of the structures and those contiguous thereto, by retaining, strengthening, and enhancing their residential characteristics and ensuring that the new low-

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Article VI.72

Special Use Permit Requirements
intensity business uses respect the continuing residential uses. The Rc-HT District will provide a transition between the more intensive business uses in the Rhinecliff Business District and the residential uses in the Hamlet District. The Special Use Permit conditions of the Rc-HT District will be in addition to the underlying provisions of the H Zoning District and will only replace specific provisions where stated. 3. Special Use Permit. New Rc-HT District uses shall be allowed, by Special Use Permit, only after the Planning Board is satisfied that the use will meet the following conditions: a. Use and Occupancy. Mixed residential and business use is allowed but only one business use shall be allowed for each lot. b. Appearance. i. Business uses should be conducted in a manner that does not give the outward appearance of a business nor create adverse impacts on the residential character of the Hamlet District.

ii. Business uses shall be conducted inside the building, outbuilding or garage and such use will be permitted provided that any exterior changes made, in the judgment of the Planning Board, conform to the historic character of the hamlet. iii. Business uses shall have no external storage of materials, equipment, containers, finished products or associated vehicles outside the building, outbuilding or garage other than that which is customarily associated with the residential use. iv. Business uses shall not create offensive noise, vibration, smoke, electrical interference, dust, odors, heat, or light. c. Traffic and Parking. i. The anticipated trip generation of the use, as determined by the Planning Board, shall maintain the integrity of the residential character of the hamlet and immediate neighborhood.

ii. The Planning Board, during Site Plan review, may require pedestrian or vehicle interconnections, if applicable, between neighboring properties in order to protect the health and safety of the public and to reduce traffic congestion. iii. Business uses that generate vehicular visits should provide adequate parking in accordance with the Town parking requirements found in Article V, Section B to the greatest extent practicable and in a manner and style that does not diminish the residential qualities of the hamlet and the immediate neighborhood. The Planning Board remains responsible for determining the necessity and adequacy of parking. iv. If feasible and applicable, parking shall be located behind the front façade line of the principal dwelling unit on the lot or preferably behind the building and it shall be suitably screened with planting and/or fencing approved by the Planning Board. d. Lighting. i. All exterior lighting, including lighting fixtures, lighting of walks and of parking areas shall be accomplished with low level lighting in a residential style and in accordance with the lighting standards found in Article V, Section V of the Zoning Law.

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Article VI.73

Special Use Permit Requirements
ii. The maximum height of any freestanding light fixture shall be eight (8) feet. iii. No light source shall be positioned or installed so as to cause glare or spillage into neighboring property beyond that normally associated with residential use. e. Signs. i. Business uses shall have no more than one (1) sign.

ii. Maximum sign area shall not exceed ten (10) square feet of total sign area. iii. Lighting of such sign is permitted by direct illumination (no internal illumination or translucent signs permitted), provided the lighting source is entirely screened from view and otherwise conforms to Article V, Section C. iv. Signs shall otherwise comply with the requirements of Article V, Section C.

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Article VI.74

Article VII.
A. Purposes.

Site Plan Review and Approval

The purpose of this Article is to provide regulations governing the applicability, submission requirements, and standards for review and design of uses required to obtain Site Plan approval from the Town Planning Board. The intent is to ensure that the development and use of land does not have an adverse effect on adjacent lands or on the character of the community. Such regulations are designed to protect the community from traffic congestion and conflicts, noise, lighting, odor and other forms of pollution, inappropriate design including “strip” commercial development, flooding, and excessive soil erosion, to ensure that the proposed use will be in harmony with the appropriate and orderly development of the district in which it is proposed, and that its impacts can be mitigated by compliance with reasonable conditions. The regulations are also designed to ensure that new and existing development conforms with the Town’s planning goals and objectives, as expressed in its Comprehensive Plan, thereby protecting the natural, cultural, historic and rural landscapes and aesthetic qualities of the Town.

B. Site Plan Approval Required.
Article III, “District Schedule of Use Regulations” and Article VII, Sections C(1) through (10) herein, require Site Plan review and approval for specific uses, prior to the issuance of a building permit or Certificate of Occupancy, except for agricultural, forestry and conservation uses permitted by right. There is a special expedited Agricultural Site Plan review and approval process for farm buildings and structures with a footprint greater than 15,000 square feet. See Article V, Section O(7)(c) for the procedures to follow in these cases.

C. Uses Subject to Site Plan Approval.
In addition to the uses identified on the “District Schedule of Use Regulations,” found in Article IV as requiring Site Plan approval, the following require Site Plan review and approval: 1. All Special Permit Uses cited in the “District Schedule of Use Regulations” and accessory uses to Special Permit Uses, or as identified herein, shall be subject to Site Plan review and approval. 2. With the exception of agriculture, forestry and conservation uses, Site Plan approval is required for excavation and construction activities associated with permitted uses and accessory uses thereto within areas of environmental sensitivity as identified herein: a. For lands lying within the Town of Rhinebeck Flood Fringe Overlay District or within flood hazard zone areas as defined by the Federal Emergency Management Agency (FEMA); b. For lands lying within an identified local, state, or federal historic district, or a site containing an identified local, state, or federal historic building or historic structure, or within sites that are contiguous or substantially contiguous with such historic resources; c. For lands lying within a State designated Scenic Area of Statewide Significance, the MidHudson Historic Shorelands Scenic District, or a scenic viewshed or adjacent to a scenic

Site Plan Review and Approval
road corridor as officially designated by the Town of Rhinebeck and/or a County, State or Federal agency; d. For lands designated for future trails and lying within the Town of Rhinebeck Land Conservation – Trails (LC-T) District, lands designated for parks or trails on the Official Town Map or in the Town of Rhinebeck Comprehensive Plan; and e. For lands lying within 1,000 feet of the mean high water mark of the Hudson River. 3. A new principal or accessory building for which a building permit and Site Plan approval is required by the Town of Rhinebeck. 4. Any amendment to a previously approved Site Plan. 5. When expansion of an existing principal or accessory building occurs for which a building permit and Site Plan approval is required by the Town of Rhinebeck. A master plan for all uses is required for multiple uses if any one requires Site Plan approval. 6. For uses that require Site Plan approval, a change of the intensity of use, a change of signage or lighting, a change in the amount of floor area devoted to an existing use, or the addition of a new business use or activity (e.g. creating a greater number of dwelling units, increasing the amount of retail space or other floor area available to customers, or additional seating in a restaurant or place of public assembly) or increased demands on water supply, sanitary sewage disposal, stormwater management, and zoning compliance. 7. A change will occur in the extent of the site devoted to off-street parking, service or loading areas, outdoor storage (both wholly and partially-enclosed), and similar features. 8. For all uses that require Site Plan approval and site modifications are undertaken to comply with the requirements of the Dutchess County Health Department, New York State Department of Transportation, the New York State Department of Environmental Conservation, or any other agency or jurisdiction. 9. For all uses that require Site Plan approval and where alterations will occur in principal site elements, including but not limited to the location, number and configuration of parking spaces; the location and configuration of access and egress points; the location, height, type and intensity of outdoor lighting; the location and treatment of site landscaping, including the extent of the site devoted to lawns and open space and the location, type and extent of landscape plant materials; the location, number and area and design of any freestanding signs; and the location and height of fences, walls and similar improvements. 10. Initial use of buildings and/or open lands for an occupancy requiring Site Plan review and approval will be established in accordance with Article III of this Zoning Law. 11. Site plan approval shall be required for any development which is the functional equivalent of a land subdivision but which is structured for ownership purposes as a condominium or townhouse/rowhouse project. In such cases, the Planning Board shall apply all relevant review criteria contained in the Subdivision Regulations (Chapter 101 of the Town Code) as well as the provisions of this Chapter.

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Article VII.2

Site Plan Review and Approval

D. Sketch Plan Conference.
A sketch plan conference between the Planning Board and the applicant shall be held to initially review the basic site design concept and generally determine the extent of Site Plan review necessary for the intended project and the information to be required on the Site Plan and in accompanying reports. At the sketch plan conference, the applicant shall provide a written statement and/or rough sketch describing what is proposed, including an indication of all existing structures and uses, if any, on the site. The Planning Board shall additionally employ the Sketch Plan Conference as an opportunity to discuss with the applicant the “Site Plan Design Criteria” set forth in Article VII, Section F, the complementary “Design Standards” adopted by the Town Board and considered an integral part of this Zoning Law, and the extent of the SEQR review process for the application. The Sketch Plan conference shall not be deemed to be a preliminary or other approval of the proposed project.

E. Application for Site Plan Approval.
All Site Plan applications are made to the Zoning Enforcement Officer (ZEO) in writing, on forms, and in accordance with the review procedures prescribed by this Section of the Zoning Law. In the event that the Zoning Enforcement Officer determines that the application meets all of the requirements of the Zoning Law, the application shall be forwarded by the ZEO to the Planning Board for further review in accordance with the provisions of the Zoning Law and/or Subdivision Regulations. In the event the ZEO finds that the application does not comply in one or more respects with the provisions of the Zoning Law, the application shall be denied by the ZEO, with leave to appeal the ZEO's determination to the Zoning Board of Appeals in accordance with the provisions of Article XI of this Zoning Law. The Zoning Enforcement Officer shall refer the applicant to the Planning Board for Site Plan review and approval in accordance with Section 274-a of the Town Law and the more specific design standards and review procedures set forth in this Article. Where a proposed Site Plan contains one or more features which do not comply with the Site Plan regulations, application may be made to the Zoning Board of Appeals for an area variance pursuant to Article XI of the Zoning Law, without the necessity of a decision or determination of the Zoning Enforcement Officer. Within three (3) calendar months of the sketch plan conference, a complete application for Site Plan approval shall be made and shall be accompanied by not less than eight (8) prints of the proposed Site Plan (or as many additional prints as may be required for circulation purposes under SEQR) and one electronic file of the proposed Site Plan, in a form usable by the Town Engineer and Town Planner and for posting on Rhinebeck’s Internet Web Site. Such plans shall be submitted at least 21 days prior to a scheduled regular meeting of the Planning Board and shall include information drawn from the following checklist of items, as determined necessary by the Planning Board at the time of the sketch plan conference, and which is provided on a drawing certified by a licensed civil engineer, registered landscape architect, registered architect or other licensed design professionals, as may be necessary to comply with the professional licensing regulations administered by the New York State Education Department: 1. Site Plan Drawings. A Site Plan showing the following information: a. Title of drawing, including name and address of applicant and person(s) responsible for

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Article VII.3

Site Plan Review and Approval
preparation of such drawing; b. North arrow, scale and date; c. An area map keyed to the real property tax maps, showing the parcel under consideration for Site Plan review, and all properties, subdivisions, streets, power lines, and easements within five hundred (500) feet of the boundaries thereof; d. Accurate boundaries of the property plotted to scale, including reference to specific data sources; e. Location and boundaries of all existing natural land and water features on the property including: rock outcrops; isolated trees six (6) inches or more in diameter at breast height (dbh), all trees over eighteen (18) inches in dbh (whether isolated or in a forested area), and locally significant trees; existing vegetative and forest cover, orchards, hedgerows and other ornamental landscaping; stone walls; soil types and boundaries; active farmlands and prime agricultural soils; visually prominent agricultural landscape features such as fields, pastures, and meadows on knolls and hilltops; woodlands along roadways and property lines; scenic vistas; steep slopes in excess of 15 percent illustrated by shading; and water features. Water features include ponds, lakes, perennial and intermittent streams, wetlands and watercourses, aquifers, aquifer recharge areas, floodplains; and swales, retention/detention areas, and other stormwater management practices. Locally significant trees include, but are not limited to, rare or unusual species, trees associated with historic events or persons, or trees that contribute to an identified scenic viewshed; f. Grading and drainage plan, showing existing and proposed contours at an appropriate interval to be specified by the Planning Board at the sketch plan conference, and such other information as required by the Stormwater Management regulations found in Article V, Section Z;

g. Location of all existing buildings, structures, signs, and agricultural, forested and conservation lands on adjacent property within one hundred (100) feet of the subject lot lines; h. Location, proposed use, height, and setback measurements of all existing and proposed buildings, structures and signs on the applicant’s property, including floor plans and plans for exterior elevations at a scale of one-quarter inch equals one foot (!” = 1’), showing the structure’s mass and architectural features, and indicating the type and color of materials to be used. A table indicating square footage of all building areas to be used for a particular use, such as retail operation, office use, enclosed parking, storage, or other commercial activity; maximum number of employees; maximum seating capacity, where applicable; and number of parking spaces existing and required for the intended use; i. Location, design and construction materials of all parking and truck-loading areas (both open and enclosed, if any), including the number of parking spaces required and to be provided, their access and egress drives and clear indication of all traffic patterns on site, curb cuts on the site and within one hundred (100) feet of the site, and all streets which are either proposed, mapped or built. The Town requires the provision of parking areas using alternative paving materials, such as paving blocks where the interstices are filled with sod, or through parking reserve areas which may not be constructed until and unless demand is

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Article VII.4

Site Plan Review and Approval
evident as outlined in Article V, Section B; j. Provision for pedestrian and bicycle access including the location, design and construction materials of all present and proposed walkways, bicycle paths and racks, benches, ramps, outdoor storage or display areas, retaining and/or landscaping walls and fences in connection with such access;

k. Location of storage for equipment and materials, if any. Except for agricultural and other large equipment and retail sales of such equipment, outdoor storage of materials and equipment is prohibited; l. Location, design and construction materials of all existing or proposed site improvements, including drains, culverts, retaining walls and fences;

m. Description of the method and location of all existing and proposed sewage disposal systems including the design and construction materials of such facilities; n. Description of the method and location of all existing and proposed water supply systems including the design and construction materials of such facilities; o. Location of fire and other emergency zones, including the location of fire hydrants or of the nearest alternative water supply for fire emergencies; p. Location, design and construction materials of all energy distribution facilities, including electrical, gas, wind, and solar energy and an analysis of LEED compliance (see Article V, Sections M and AA for solar and wind energy system allowances, energy conservation and sustainable building practice requirements, which are encouraged and in some cases required); q. Location, size and design and construction materials of all proposed signage, including associated lighting, if any. See Article V, Sections C and V for the requirements of the Town sign and lighting regulations; r. s. t. Location and proposed development of all buffer areas, including indication of both existing vegetative cover and that portion that will be preserved; The location, type, and screening details for solid waste disposal facilities and containers; Estimates of noise generation and compliance demonstrated as set forth in Article V, Section X;

u. Detailed landscaping plan and planting schedule, including the number, size, type and location of all canopy trees or understory trees, shrubs and groundcovers to be planted in accordance with Article V, Section W, the requirements of the Town Landscaping Regulations; v. Pedestrian, bicycle and vehicle connections to adjoining properties if feasible and deemed necessary to reduce traffic impacts, as determined by the Planning Board; w. Inventory and quantity of hazardous materials anticipated for on-site storage and/or use, if applicable; x. Other elements integral to the proposed development as considered necessary by the Planning Board, including the identification of any State or County permits required for

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Article VII.5

Site Plan Review and Approval
the project’s execution; y. Existing school district (if applicable), zoning districts, and overlay district boundaries, and any special features identified in the Town of Rhinebeck Comprehensive Plan within five hundred (500) feet of the site’s perimeter. The acreage of each distinct existing and proposed land use on the applicant’s property, and the proposed density of each, if residential uses are proposed, shall be provided; Plans for the disposal of construction and demolition waste, whether on-site or at a New York State approved solid waste management facility;

z.

aa. If the Site Plan contains any residential development, a park or parks suitably located for playground or other recreational purposes, or if a park or parks of adequate size cannot be properly located on such Site Plan, then a payment in lieu thereof of a recreation fee is required as provided by the fee schedule established and annually reviewed by the Town Board. Land for park, playground or other recreational purposes or the payment in lieu thereof, may not be authorized until the Planning Board has made a finding that a proper case exists for requiring that a park or parks be suitably located or if such parks cannot be suitably located, the payment of a recreation fee. Such findings shall include an evaluation of the present and anticipated future needs for park and recreational facilities in the Town, based on projected population growth to which the proposed Site Plan will contribute. bb. If the Site Plan includes residential units, an Inclusionary Housing Plan in accordance with the requirements of Article V, Section BB, the Town of Rhinebeck Affordable Housing Program. cc. If the Site Plan includes residential units within 500 feet of a farm operation, map notes concerning farm operations. Such notes shall be filed with the deed(s) for the property and shall include the following: i. This residential development is located within 500 feet of an agricultural district that may have active farming operations in the vicinity. Be advised of the following: (a) Farming is encouraged in the Town of Rhinebeck and is a defining characteristic of the Town’s rural landscape. Farming is a preferred land use in the Town because a viable agricultural economy contributes to stable property taxes and local employment, supports the livelihood of local families, provides essential locally grown food products, and helps to preserve scenic roads, working landscapes and historic sites. (b) Farming does not only occur between 8:00 AM and 5:00 PM and is dependent on mother nature. Residents should be aware of noise from agricultural machinery being operated in nearby fields in both early morning and evening hours, and noise from crop drying fans which may operate 24 hours of the day during the harvest season. (c) Roads leading to and from the residential development are frequently traveled by farmers and their slow-moving vehicles and equipment. (d) Farmer neighbors very often spray their crops with pesticides in accordance with accepted practices of the New York State Department of Environmental Conservation.

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Article VII.6

Site Plan Review and Approval
(e) Existing farming operations may create both unavoidable odors and unsightliness, commonly associated with farming operations in the area. (f) There are dangers in letting children and pets roam into any adjacent agricultural fields, which is private property. (g) Residences for seasonal farm laborers are an accessory use to farming activities in agricultural districts. (h) Be advised of the nuisance of blowing dust caused by high winds. (i) No building permit for a new residence shall be issued and no lot sold or conveyed unless the applicant/purchaser of such residence/lot files a statement with the Town Clerk that he or she understands that the lot lies within or close to an agricultural district, within which the primary activity is farming. ii. A deeded declaration referencing the agricultural notes has been recorded in the Dutchess County Clerk’s Office at Liber xxxx and Page xxxx on x/x/xxxx (Note: actual liber and page numbers to be inserted following recording). 2. Required Fees and Supporting Materials. An application for Site Plan review and approval shall not be considered complete until accompanied by the applicable fees, an executed escrow agreement and the supporting materials described below in Subsection E(2)(a). Such fees and escrow agreement shall be submitted in accordance with the fee schedule established and annually reviewed by the Town Board and with the provisions of Article XIV governing escrow fees. The supporting materials are as follows: a. Supporting materials. The following materials shall be submitted: i. A copy of the deed to the property as most recently filed and/or a copy of the executed contract of sale.

ii. A copy of each covenant, easement or deed restriction in effect or intended to cover all or part of the tract. iii. Written offers of easement to the Town of Rhinebeck or other pubic agencies for purposes of stormwater drainage, utility rights-of-way, etc. iv. Identification of all necessary permits from federal, state, county or local agencies, approvals required from said agencies for the project’s execution, and proof of Special Permit and/or variance approvals if applicable. v. As applicable, soil logs from on-site borings or test pits, percolation test results, and stormwater runoff calculations. vi. As applicable, plans to prevent: i) the pollution of surface or groundwater; ii) erosion of soil both during and after construction; iii) excessive runoff; iv) excessive raising or lowering of the water table; and v) flooding of other properties. b. Environmental Assessment Form. A complete application for Site Plan review and approval shall be accompanied by a Short or Full Environmental Assessment Form (EAF) as required by SEQR. To avoid delay, applicant’s are advised to familiarize themselves with New York State’s SEQR requirements for environmental assessment, to determine whether their proposed project meets the thresholds for a Type 1 Action and therefore requires that

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Article VII.7

Site Plan Review and Approval
a Full EAF be submitted to accompany the application for Site Plan approval. If the site is located in a visually sensitive area or on a scenic road identified in the Town Comprehensive Plan, a Visual EAF Addendum will also need to be submitted. All applications made for lands within or contiguous to the Hudson River National Historic Landmark District, the Town of Rhinebeck National Register of Historic Places Multiple Resource District, or any building, structure or site listed individually on the State or National Register of Historic Places shall require the submission of a Full EAF. Such lands are illustrated in the Town Comprehensive Plan, but applicants are on notice that additional properties in the Town may be listed on the State or National Register of Historic Places subsequent to adoption of the Comprehensive Plan. c. Additional SEQR supporting materials. If the Planning Board is designated as Lead Agency for the SEQR review of a Site Plan application, there may be additional information required to be submitted by the applicant, before the Planning Board can consider the application complete. Under SEQR, an application cannot be considered complete until the Planning Board, if acting as Lead Agency, has determined the significance of the project and adopted a Negative Declaration or deemed a Draft Environmental Impact Statement is complete. In making its determination of significance, the Planning Board, if acting as Lead Agency, will consider the impact categories on the Part 2 EAF, the following additional SEQR supporting materials if required, depending on the size and potential degree of impact on the Town: i. Analysis of fiscal impacts to the Town, funded by the applicant, including projected tax revenues and cost of community services using a methodology in common use, such as that described in the most recent versions of Rutgers University’s Center for Urban Affairs publications entitled The Fiscal Impact Handbook and The New Practitioner’s Guide to Fiscal Impact Analysis and funded by the applicant.

ii. A cultural resource assessment, funded by the applicant, if the land lies within or contiguous to the Hudson River National Historic Landmark District, the Town of Rhinebeck National Register of Historic Places Multiple Resource District, or any building, structure or site listed individually on the State or National Register of Historic Places, is in an area identified as an archaeologically sensitive area by the State of New York on the New York State Site Inventory or by the Town Historian or other Town Official charged with cultural resource responsibilities. Applications within such areas identified as archaeologically sensitive shall be referred to the Town Historian, such other Town officials charged with cultural resource responsibilities, and/or the Field Services Bureau of the New York State Office of Parks, Recreation and Historic Preservation for recommendations. The Planning Board may require more detailed on-site investigations when it is deemed necessary to assess potential adverse impacts on cultural resources. iii. A traffic impact study and analysis due to the proposal’s location in heavy traffic areas or because of its potential traffic generating characteristics. Such study and analysis shall be funded by the applicant, shall be consistent, at a minimum, with the Traffic Study Methodology Guidelines published by the New York State Department of Transportation, and shall include: (1) The projected number of motor vehicle trips to enter or leave the site, estimated

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Article VII.8

Site Plan Review and Approval
for daily and peak hour traffic levels; (2) The projected traffic flow pattern including vehicular movements at all major intersections likely to be affected by the proposed use of the site; (3) The impact of this traffic upon existing abutting public and private ways in relation to existing road capacities. Existing and proposed daily and peak hour traffic levels as well as road capacity levels shall be given. iv. Such other supporting SEQR materials as deemed necessary by the Planning Board to fully comply with SEQR.

F. Site Plan Design Criteria.
The purpose of good site design is to create a functional and attractive development, to minimize adverse environmental impacts, and to minimize impacts on adjacent properties and the character of the community. To promote this purpose, the Planning Board in reviewing Site Plans, shall consider the design criteria set forth below, the Town of Rhinebeck Design Standards found in Appendix A of the Zoning Law, the Dutchess County Greenway Connections’ Guides, and such other design standards and design guidelines as may be adopted by the Town Board. All design standards and design guidelines are available from the Office of the Town Clerk or are available from the Town of Rhinebeck’s website. Such standards and guidelines are intended to provide a framework within which the designer of the development is free to exercise creativity, invention and innovation while recognizing the Town’s rural, natural, scenic and historic qualities. The Planning Board may require submission of alternative design and layout proposals based on the standards in this section, the Design Standards, Greenway Connections’ Guides, and other adopted design guidelines. 1. Relationship of proposal to the Town Comprehensive Plan and, if adopted, the Official Map. a. Due attention by the applicant should be given to the goals, objectives and the stated general land use policies for the Town and the specific area in which the development is proposed. b. Recognized scenic and/or historic districts within the vicinity of the proposed development should be considered in the Site Plan design, including the use of traditional building forms and layouts which are evidence of the distinctive historical development of the area. 2. Relationship of Buildings to Site. a. The site shall be planned to accomplish a desirable transition with the streetscape, and to provide for adequate planting, safe pedestrian and bicycle movements, and adequate, but not excessive parking areas. b. Cluster all buildings in the plan in as compact a form as possible with due regard to on-site environmentally sensitive features, integrate all buildings with each other and with adjacent buildings and provide convenient access to and from adjacent uses. c. Parking shall be located to the rear or sides of buildings so as to not interfere with the landscape treatment. d. Without restricting the permissible limits of the applicable zoning district, the height and scale of each building shall be compatible with its site and existing, or anticipated,

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Article VII.9

Site Plan Review and Approval
adjoining buildings. e. Newly installed utility services, and service revisions which necessitate exterior alterations, shall be underground. 3. Relationship of Buildings and Site to Adjoining Area. a. Site Plans proposed for non-residential uses adjacent to a residential district or residential uses shall be reviewed with regard to the impact of the development on that district or use. b. The Planning Board shall encourage the use of a combination of common materials, landscaping, buffers, screens and visual interruptions in order to create attractive transitions between buildings of different architectural styles. 4. Landscape, Buffering and Site Treatment. Landscaping shall be in accordance with Article V, Section W and as follows: a. Where possible, natural or existing topographic patterns, which contribute to beauty and character of a development, shall be preserved. b. Grades of walks, parking spaces, terraces, and other paved areas shall provide an inviting appearance. c. Landscaping should dominate the Site Plan and integrate the various elements of site design, preserving and enhancing the particular identity of the site, including architectural features, scenic vistas and visual corridors and should provide shade, except where it would interfere with solar energy systems or have the potential to interfere with future solar energy systems. d. Unity of design shall be achieved by repetition of certain plant varieties and other materials and by coordination with adjacent developments. e. Plant material shall be selected for interest in its structure, texture, and color, and in consideration of its ultimate growth pattern. Plants shall be used which are indigenous to the area and others that will be hardy, harmonious to the design, and exhibit a good appearance. f. In locations where plants will be susceptible to injury by pedestrian or motor traffic, they shall be protected by appropriate curbs, tree guards, or other devices.

g. Parking areas and traffic ways shall be enhanced with landscaped islands, containing trees and tree groupings. h. Screening of service yards, refuse containers, and other places that tend to be unsightly, shall be accomplished by use of walls, fencing, planting, or combinations of these, with all such enclosures being compatible in material, texture and color with the principal building or buildings on the site. i. Landscaping shall be designed and maintained so as not to create hazardous conditions.

5. Lighting a. Exterior lighting shall be in accordance with Article V, Section V of the Zoning Law and shall enhance the building design and the adjoining landscape. Lighting standards and building fixtures shall be of a design and size compatible with the building and adjacent

July 2008 Draft

Article VII.10

Site Plan Review and Approval
areas. b. The number of light standards and the intensity of lighting shall be the minimum necessary to illuminate the location for safety, without glare or light spillage to adjoining properties. c. Lighting standards shall be appropriate to the design of the structures and shall not exceed fifteen (15) feet in height. 6. Building Design a. Building design shall make appropriate recognition of compatible building forms indigenous to the community, and, in particular of the historic character of the Village, Hamlet of Rhinecliff and Town of Rhinebeck. b. Materials shall have good architectural character and shall be selected for harmony with traditional building materials. Except when wholly impractical, natural materials shall be used. c. Building components such as windows, roof lines, doors, eaves and parapets, shall have well-designed proportions and relationships to one another and be compatible with the historic character of the Village, Hamlet of Rhinecliff and Town of Rhinebeck. d. Mechanical equipment such as air conditioners and satellite dishes, or other utility hardware located on roofs, the ground, or buildings shall be screened from public view with materials harmonious with the building, specified as to color so as to blend with their surroundings, or located so it is not visible from any public or private road, public lands, recreation area, or privately conserved lands. 7. Signs a. Every sign shall be wholly consistent with the requirements set forth in Article V, Section C of this Zoning Law and shall be well proportioned in its design and in its visual relationship to buildings and surroundings. b. Every sign shall be designed as an integral architectural element of the building and site to which it principally relates. c. The colors, materials, and lighting of every sign shall be restrained and shall be harmonious with the building and site to which it principally relates. d. The number of graphic elements on a sign shall be held to the minimum needed to convey the sign's major message and shall be composed in proportion to the area of the sign face. e. Identification signs of a prototype design and corporation logos shall be modified to conform to the criteria for all signs within the Town of Rhinebeck as required by Article V, Section C(16) of this Zoning Law. 8. Ecological Considerations a. The proposal shall result in minimal degradation of unique or irreplaceable land types and in minimal adverse impact upon areas of environmental concern as determined by the Planning Board or as identified by other Involved or Interested Agencies during the SEQR review process.

July 2008 Draft

Article VII.11

Site Plan Review and Approval
b. The proposal shall conform with the existing geological and topographic features, to the end that the most appropriate use of land is encouraged. 9. Drainage a. The proposed development shall be so designed as to provide for proper stormwater management, as required by Article V, Section Z, through a system of controlled drainage that preserves existing drainage patterns and protects other properties. All drainage plans shall be reviewed and approved by the Town Engineer. 10. Motor Vehicle and Bicycle Traffic a. All entrance and exit driveways shall be located with due consideration for traffic flow, including both vehicles and bicycles, so as to afford maximum safety to traffic on public streets and meet all current design standards of the appropriate State, County or Town authority, unless specifically waived or modified by that authority. b. On-site circulation shall be designed for ease of use and to connect safely with adjoining properties where appropriate, including consistency with the Town Comprehensive Plan. 11. Pedestrian Circulation a. Pedestrian circulation shall be separated from motor vehicle circulation. Appropriate walkways shall be provided on the site and its approaches as well as to adjoining properties if feasible. Potential trail opportunities identified in the Town Comprehensive Plan shall be considered. b. Landscaped, paved, and comfortably graded pedestrian walks shall be provided along the lines of the most intense use, particularly from building entrances to streets, parking areas, and adjacent buildings. c. For any use to which the public is expected to visit, the plan shall make proper provision for buildings and site developments that are accessible to, and functional, for physically disabled persons, by provision of walks and ramps of suitable width and grade; curb cuts; identified wide parking spaces; and ground level building entrances as required in the New York State Uniform Fire Prevention and Building Code and other applicable state and federal laws.

G. Planning Board Review of Site Plan.
The Planning Board’s review of a Site Plan shall include the following considerations: 1. Whether the applicant has applied the “Site Plan Review Criteria” set forth in this Zoning Law, the Design Standards, Greenway Connections’ Guides, and other adopted design guidelines referenced herein to the intended project to the extent deemed reasonable and practicable by the Planning Board. 2. Whether the applicant has suitably addressed the technical criteria including but not limited to the following: a. Adequacy and arrangement of pedestrian access and circulation, walkways, pedestrian amenities, control of intersections with motor vehicle and bicycle traffic, and overall pedestrian convenience.

July 2008 Draft

Article VII.12

Site Plan Review and Approval
b. Adequacy and arrangement of motor vehicle and bicycle access and circulation, including intersections, road widths, pavement surfaces, dividers, channelization structures, bicycle lanes and other traffic controls. c. Location, arrangement, appearance and sufficiency of off-street parking and loading facilities. d. Location, arrangement, size, design and general site compatibility of principal and accessory buildings, lighting, landscaping and signage. e. Adequacy of stormwater management facilities. f. Adequacy of water supply and sewage disposal facilities.

g. Adequacy, type and arrangement of trees, shrubs and other landscaping constituting a visual and/or noise-deterring buffer between the applicant’s and adjoining lands, including the maximum retention of existing vegetation. h. In the case of a multi-family dwelling, the adequacy of usable open space of play areas and informal recreation. i. j. Protection of adjacent or neighboring properties against noise, glare, unsightliness or other objectionable features. Adequacy of fire lanes and other emergency zones and water supply for fire emergencies.

k. Special attention to the adequacy of structures, roadways and landscaping in areas with susceptibility to ponding, flooding and/or erosion or in the vicinity of wetlands or similar natural features. l. Compatibility of building design with existing characteristics of the neighborhood and community.

m. Consistency with the Town of Rhinebeck Comprehensive Plan, Greenway Connections, and if applicable, the Town of Rhinebeck Local Waterfront Revitalization Plan including identified Scenic Areas of Statewide Significance, the Mid-Hudson Historic Shorelands Scenic District Management Plan, the Scenic Roads Handbook, and any other Town adopted planning document affecting the site. n. Adequacy of the site design in relation to protection of the natural and cultural environment including consideration of biodiversity conservation, wildlife habitats, sensitive environmental areas, prime farmland soils, and archaeological and historic resources. o. The extent to which the Site Plan continues the existing setback pattern of surrounding properties. p. In cases where a trail connection is planned or is feasible to link the site to residential areas, schools, greenbelts, existing trails or other public facilities, a trail corridor shall be reserved on the Site Plan for this purpose to the extent practicable. The Planning Board may require that such reservation, if included on the Site Plan, to be incorporated as a deed or other legal restriction on the land. q. Compliance of the proposal with New York’s SEQR regulations including a determination,

July 2008 Draft

Article VII.13

Site Plan Review and Approval
prior to action on the proposed Site Plan application, as to whether the action will or will not have a significant impact on the environment. 3. Agency and Consultant Review. In its review, the Planning Board may consult with the Town Code Enforcement Officer, the Superintendent of Highways, the Conservation Advisory Council, Affordable Housing Committee, Town Historian, other local and county officials and its designated private planning and engineering consultants, in addition to representatives of State agencies including, but not limited to the State Department of Transportation, the State Health Department, the Office of Parks, Recreation and Historic Preservation, and the Department of Environmental Conservation. 4. Public Hearing. The Planning Board shall conduct a public hearing on the application for Site Plan approval. The public hearing shall be conducted within sixty-two (62) calendar days of the receipt of the complete application and shall be advertised in a newspaper of general circulation in the Town at least five (5) days before the public hearing. Notice of the public hearing shall be mailed to the applicant at least ten (10) days before the hearing. 5. Required Referral. Prior to the taking action on the Site Plan and at least ten (10) days before holding a public hearing on the Site Plan, the Planning Board shall refer the Site Plan, when applicable, to the Dutchess County Department of Planning and Development for advisory review and a report in accordance with Sections 239 (l) and 239 (m) of the General Municipal Law. No action shall be taken by the Planning Board on such application until an advisory recommendation has been received from said County Department of Planning and Development or thirty (30) days have elapsed since the Department received such full statement. In the event that the Dutchess County Department of Planning and Development recommends disapproval of the proposal or recommends modification thereof within such time period or at a later date prior to final action by the Planning Board, the Planning Board shall not act contrary to such recommendation except by a vote of a majority plus one of all the members after the adoption of a resolution fully setting forth the reasons for such contrary action. Within thirty (30) calendar days after such final action, the Planning Board shall file a report of the final action it has taken with the County Department of Planning and Development. 6. Waiver of Requirements. The Planning Board may waive any specific requirements set forth in Article VII of this Zoning Law for the approval, approval with modifications or disapproval of a Site Plan submitted for approval, including the submission requirements for activities deemed by the Planning Board to be minor. The grant of any such waiver shall be accompanied by a written finding that compliance with the requirement is either not requisite in the interest of the public health, safety and general welfare or inappropriate to the particular Site Plan. The Planning Board may, in granting waivers, incorporate such reasonable conditions as will, in its judgment, substantially secure the objectives of the requirements so waived. No waiver or modification may be deemed approved or granted by implication. All waivers and modifications must be expressly set forth in the findings of the Planning Board. 7. Conditions on Approval. The Planning Board shall have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to a proposed Site Plan.

July 2008 Draft

Article VII.14

Site Plan Review and Approval

H. Planning Board Action on Site Plan.
Within sixty-two (62) days of the close of a public bearing, the Planning Board shall act on the Site Plan application. The time within which the Planning Board must act on the application may be extended by mutual consent of the Planning Board and applicant. 1. Action by Resolution. The Planning Board shall act by resolution to either approve, approve with modifications, or disapprove the Site Plan application. A copy of the resolution shall be filed in the Town Clerk’s Office and mailed to the applicant within five (5) business days of the Planning Board’s actions. A resolution of either approval or approval with modifications shall include authorization to the Planning Board Chairman to stamp and sign the Site Plan upon the applicant’s compliance with the submission requirements stated therein. If the Planning Board’s resolution includes a requirement that modifications be incorporated in the Site Plan, conformance with said modifications shall be considered a condition of approval. If the Site Plan is disapproved, the Planning Board’s resolution shall state specific reasons for such decision. In such a case, the Planning Board may recommend further study of the Site Plan and resubmission to the Planning Board after it has been revised or redesigned. 2. Submission Requirements for Stamping. After receiving Site Plan approval, with or without modifications, from the Planning Board, the applicant shall within six (6) calendar months submit a minimum of eight (8) prints, one (1) electronic file, and one (1) reproducible Mylar of the Site Plan to the Planning Board for stamping and signature by the Chairman. The Site Plan submitted for stamping shall conform strictly to the Site Plan approved by the Planning Board except that it shall further incorporate any revisions or other modifications required by the Planning Board and shall be accompanied by the following additional information: a. Record of application for and approval status of all necessary permits from Federal, State and County officials. b. Detailed sizing and final material specification of all required improvements c. An estimated project construction schedule and if a performance guarantee is to be provided by the applicant for all or some portion of the work, a detailed site improvements cost estimate. 3. Effect of Stamping by Planning Board. The Planning Board Chairman shall not stamp and/or sign any approved Site Plan until all fees required by this Chapter have been paid. Upon stamping and signature by the Chairman, the Planning Board shall forward a copy of the approved Site Plan to the Code Enforcement Officer and the applicant. The Code Enforcement Officer may then issue a Building Permit or Certificate of Occupancy if the project conforms to all other applicable requirements. After approval or approval with modifications by the Planning Board, any changes, modifications or alterations from the Site Plan approved by the Planning Board can only be granted based upon an application for an amendment to the approved Site Plan. The Zoning Board of Appeals shall not have the power to entertain a variance from the approved Site Plan after Site Plan approval is granted. 4. Expiration of Approval. Planning Board approval of a Site Plan shall expire if either of the

July 2008 Draft

Article VII.15

Site Plan Review and Approval
following circumstances occurs: a. The Site Plan is not submitted for stamping and signature by the Chairman within six (6) months of the Planning Board’s resolution of Site Plan approval, with or without modifications. b. A complete application for either a Building Permit or Certificate of Occupancy is not submitted to the Code Enforcement Officer within six (6) months of the stamping and signing of the Site Plan by the Chairman. Upon prior written request to the Planning Board, the time period for either submission of the Site Plan or submission of the complete application for a Building Permit or Certificate of Occupancy may be extended for a maximum period of six (6) calendar months from its otherwise specified termination date.

I. Reimbursable Costs for Site Plan Review.
Reasonable costs incurred by the Planning Board for private consultation fees or other extraordinary expense in connection with the review of a proposed Site Plan shall be charged to the applicant in accordance with Article XIV.

J. Performance Guarantee.
No Certificate of Occupancy shall be issued until all required infrastructure and improvements shown on the Site Plan are installed or a sufficient performance guarantee has been posted to cover the full cost of all required infrastructures and improvements not yet completed. Such performance guarantee shall be posted in accordance with the procedures specified within Sections 274-a(7) and 277(9) of the New York State Town Law. The amount and sufficiency of such performance guarantee shall be determined by the Planning Board after consultation with the Town Attorney, the Town Engineer, other local officials, or the Planning Board’s designated private consultants.

K. Inspection of Improvements.
The Code Enforcement Officer shall be responsible for the overall inspection of site improvements including coordination with the designated Town Engineer and other local officials and agencies, as may be appropriate on projects subject to Site Plan approval. Reasonable expenses incurred by the Town for inspections by the designated Town Engineer or other appropriate professionals, shall in addition to costs associated with Site Plan review, be reimbursed to the Town by the applicant in accordance with Article XIV and the fee schedule established and annually reviewed by the Town Board.

L. Integration of Procedures.
Whenever the particular circumstances of a proposed development require compliance with either another procedure in this Zoning Law, such as Special Permit review and approval, the requirements of the Town Land Subdivision Regulations, or the requirements of the State Environmental Quality Review Act, the Planning Board may integrate, if it deems appropriate, and

July 2008 Draft

Article VII.16

Site Plan Review and Approval
to the extent of its authority under law, Site Plan review as required by this Section with the procedural and/or submission requirements for such other compliance. Such integration of procedures may require, upon mutual written consent of the Planning Board and the applicant, reasonable modification of the time schedules otherwise stated in this Section or in said related regulations or requirements.

M. Relief from Decisions.
Any person or persons jointly or severally aggrieved by any decision of the Planning Board on a Site Plan approval application may apply to the Supreme Court of the State of New York for relief through a proceeding under Article 78 of the Civil Practice Laws and Regulations of the State of New York. Such proceeding shall be governed by the specific provisions of Article 78, except that the action must be initiated as therein provided within thirty (30) calendar days after the filing of the Board’s decision in the Office of the Town Clerk.

July 2008 Draft

Article VII.17

Article VIII. Astor Flats Traditional Neighborhood Development (TND) District
A. Intent.
The intent of this Article is to enable, encourage, and implement certain policies established in The Town of Rhinebeck Comprehensive Plan by implementing regulations that would facilitate creation of a Traditional Neighborhood Development (TND) near the village of Rhinebeck in the area known as Astor Flats. By creating a district that permits a mix of uses at higher densities and in a pattern reminiscent of a traditional village, other policies and objectives of the Comprehensive Plan can be achieved including, but not limited to: preservation of open space, farmland, natural beauty and environmental quality; creation of a range of housing opportunities, price levels and choices to accommodate a variety of age and income groups and residential preferences; and creation of greater opportunities for traditional community living, working, and recreation for residents of the Town. It is recognized that in creating mixed-use centers, compensation for disturbances to wetlands and other surface waters may require mitigation measures within or outside the TND area.

B. Purpose.
The specific purposes of the Astor Flats Traditional Neighborhood Development District are to: 1. Reclaim an existing commercial shopping strip by creating a traditional mixed-use neighborhood along Route 9 north of the Village, referred to as the Astor Flats TND, that would allow retail, office, civic uses, townhouses, and multi-family dwellings in a traditional Main Street area and predominantly single-family dwellings in a traditional neighborhood residential area; 2. Take advantage of compact building design to promote housing affordability, energy efficiency; and minimization of greenhouse gas emissions; 3. Make development decisions predictable, fair and cost- effective; 4. Reinforce and continue more compact walkable development close to services and along an express bus transit line, while simultaneously protecting the greenbelts around them as treasured open space, free of development;

C. The TND Community
1. The Astor Flats TND comprises a number of separate and distinct tax parcels that, when developed either as one master-planned development or through individual actions by separate property owners, can achieve one or more of the purposes identified in Article VIII, Section B, “Purposes.” 2. The Astor Flats TND “Illustrative Concept Plan,” which was adopted as Town policy as part of the Town of Rhinebeck Comprehensive Plan and which is adopted as part of this Zoning Law by inclusion in this Article, establishes an overall layout and set of principles for the district showing preferred locations and densities of uses. The Illustrative Concept Plan is shown on the following page.

Traditional Neighborhood Development District
3. The Illustrative Concept Plan is intended to serve as a guide for future land development within the TND. Applications for land development within the TND must demonstrate substantial compliance with the principles shown in the Illustrative Concept Plan. The Planning Board shall have sole discretion to determine if substantial compliance is achieved. 4. The Illustrative Concept Plan includes a Main Street Area, two Residential Neighborhood Areas to the north and south of the Main Street Area, and a network of public and private green spaces. a. The Main Street Area would include existing buildings, and new building types that would accommodate retail, offices, civic uses, rowhouses and apartments. The Main Street Area is characterized by a tight network of streets, with wide sidewalks, steady street tree plantings, and buildings set close to the frontages. b. The Residential Neighborhood Areas would provide for attached and detached singlefamily houses on lots of 5,000 square feet to 20,000 square feet with a system of rear alley ways to provide access to parking. The Residential Neighborhood Areas are characterized by a modified grid of streets with regular street tree plantings and houses with front porches fronting the streets. c. The green spaces within the Astor Flats TND would provide focal points within each Area and opportunities for passive and active recreation. A larger active recreation area is indicated in the southern Residential Neighborhood Area and could include a civic use such as a school or firehouse. 5. The overall development capacity of the Astor Flats TND shall be a maximum of 125,000 square feet of non-residential primary uses, excluding any civic use; and a maximum of 320 dwelling units.

Astor Flats TND Illustrative Concept Plan

July 2008 Draft

Article VIII.2

Traditional Neighborhood Development District

D. Applicability
1. This Article uses the terms "shall" when required; "should" when recommended; and "may" when preferred. 2. The provisions of this Article, when in conflict with other Articles of the Town of Rhinebeck Zoning Law and Subdivision Regulations, shall take precedence over those other Articles, regulations, and standards. It is recognized that in creating mixed-use centers that compensation for disturbances to wetlands and other surface waters may require mitigation measures within or outside the TND area. 3. The provisions of this Article shall not take precedence over any laws governing environmental resources regulated by State or federal laws, including but not limited to wetlands, floodplains, and stormwater management. 4. The Zoning Law and Subdivision Regulations continue to be applicable to issues not covered by this Article except where these would contradict the TND Intent and Purposes (Article VIII, Sections A and B), in which case the conflict shall be resolved in favor of this Article. 5. Terms used throughout this Article shall take their commonly accepted meanings or as defined at Article VIII, Section W.

E. Required Approvals
1. Building Permits. No Building Permit for a new residential unit or units shall be issued unless it is in accordance with the regulations of this Article. 2. All applications for new construction within the Astor Flats TND district require a Special Use Permit and Site Plan approval by the Planning Board. 3. The Planning Board shall review each Special Use Permit for a TND using the general standards found in Article VI, Sections C and D as well as the special conditions found in Article VIII, Section R. 4. Management of on-site stormwater shall be in accordance with the Town of Rhinebeck Stormwater Management requirements or the New York State Stormwater Management Guidance Manual, whichever is more stringent.

F. Pre-Existing Conditions
1. Existing buildings that do not conform to the provisions of this Article may continue in use as they are until a substantial modification is requested, at which time the Planning Board shall determine which provisions of this Article shall apply. 2. Existing buildings that, when renovated, have at any time received a Certificate of Occupancy shall not require upgrade to the current Building Code and may meet the standards of the Zoning Law under which they were originally permitted. 3. The modification of existing buildings is permitted by right if such changes result in greater conformance with the specifications of this Article. 4. Vacant and/or unoccupied commercial buildings that do not have a Certificate of Occupancy,

July 2008 Draft

Article VIII.3

Traditional Neighborhood Development District
a Special Use Permit, and/or Site Plan approval shall conform to the requirements of Table 2 for any re-occupancy. 5. The Illustrative Concept Plan identifies uses and design forms for the TND. Some lots do not have designated uses for future development due to existing conditions on those lots or on surrounding lots and the overall intent to implement the Illustrative Concept Plan. The Planning Board may grant a waiver for any lot shown on the Illustrative Concept Plan as vacant and with no use attributed to it and that was in existence on the effective date of this Zoning Law. Such lots may be developed in accordance with the Table of Bulk Requirements and the Table of Use Requirements for the Community Business South District, referred to in the 1989 Zoning Law as the Highway Business District, and other applicable regulations of the 1989 Zoning Law as guidance. 6. All outdoor lighting fixtures already installed prior to the effective date of this Zoning Law, shall be brought into compliance with the provisions of this Article within five (5) years from date of adoption of this Zoning Law or at the time a substantial modification is requested. No replacement or installation of new luminaries shall be permitted unless in conformance with this Article. Non-conforming outdoor lighting that is the subject of Subdivision, Special Use Permit and/or Site Plan applications, Certificates of Occupancy, No-violation Letters, or other permit, approval, entitlement, or authorization from the Town of Rhinebeck shall be subject to all of the terms and conditions of this Article. 7. Any sign which does not conform to the provisions herein, whether or not as a consequence of a variance, shall be deemed a nonconforming sign and shall be taken down and removed by the owner on or before the expiration of five (5) years from the effective date of this Zoning Law, and such lapse of time shall be deemed sufficient to amortize the cost thereof. The Town of Rhinebeck shall be responsible for written notification sent to all owners of the property to their last known address of record by certified mail, return receipt requested, and the permit holder, if any, at the permit holder’s last known address of record by certified mail, return receipt requested by the Zoning Enforcement Officer or any duly appointed deputy administrator of such nonconforming sign as a condition of approval. Non-conforming signs that are the subject of Subdivision, Special Use Permit and/or Site Plan applications, Certificates of Occupancy, No-violation Letters, or other permit, approval, entitlement, or authorization from the Town of Rhinebeck shall comply with the terms and conditions of this Article.

G. Site Plan Exceptions
1. There shall be two levels of exception permitted for Site Plans proposed in accordance with this Article: Variances and Waivers. 2. Waivers permit a practice that is not consistent with a specific provision of this Article, but is justified by the Intent and Purposes. The Planning Board may grant waivers administratively under the following conditions: a. Where the Planning Board finds that compliance with the site design standards would cause unusual hardship due to unique conditions of topography, access, location, shape, or other physical features of the site, the requirements of this Article may be waived in order to mitigate the hardship, provided that the public interest is protected, the Site Plan is in

July 2008 Draft

Article VIII.4

Traditional Neighborhood Development District
keeping with the intent and purposes of these regulations and full compliance with SEQR is still provided. b. No such waiver may be granted if it would have the effect of nullifying the intent and purposes of the Town of Rhinebeck Zoning Law, the Comprehensive Plan or this Article. No waiver may be granted of a use regulation, a Special Use Permit condition, a regulation of general applicability or any matter, a waiver of which is specifically prohibited in these regulations or other provisions of the Town of Rhinebeck regulations, standards or codes. c. The Planning Board may, in granting waivers or modifications to these site design standards or guidelines, incorporate such reasonable conditions as will, in its judgment, substantially secure the objectives of the requirements so waived. d. No waiver or modification may be deemed approved or granted by implication. All waivers and modifications must be expressly set forth in the findings of the Planning Board. 3. Variances permit a practice that is not consistent with a general provision or the Intent and Purposes of this Article. Variances are granted by the Town Zoning Board of Appeals in accordance with this Article and Article XI of the Zoning Law. Full public review of variances is required including the holding of a public hearing, as required by Article XI. 4. Variances and Waivers shall be considered unique and shall not set precedent for others. 5. The following standards and requirements shall not be available for Variances or Waivers: a. Requirements for a minimum of 20 percent affordable housing. b. Maximum dimensions of traffic lanes. c. Required provision of alleys. d. Permission to build accessory apartments. e. Requirements of parking location. f. Buffer to existing residential lands along the easterly portion of the Astor Flats TND.

6. The following standards may only be exceeded through a Zoning Code amendment by action of the Town Board: a. Maximum of 125,000 square feet of non-residential primary uses, excluding any civic use. b. Maximum of 320 dwelling units.

H. Application Types
1. Applications for new construction within the Astor Flats TND shall be designated “minor” or “major” applications by the Planning Board. a. Applications involving one or more parcels in common or separate ownership with a total area less than 10.00 acres shall be considered “minor” applications. Applications for renovation of an existing use within the Astor Flats TND shall be considered “minor” applications. b. Applications involving one or more parcels in common or separate ownership with a total area equal to or greater than 10.00 acres shall be considered “major” applications.

July 2008 Draft

Article VIII.5

Traditional Neighborhood Development District

I. Minor Applications
1. Minor applications shall require Sketch Plan and Final Plan review and approval by the Planning Board. 2. Sketch Plan. a. Submission Requirements. Ten (10) copies of a Sketch Plan containing the following information shall be submitted to the Planning Board for review and action prior to proceeding with submission of Final Plan materials. i. A Sketch Plan of the properties involved in the application at a scale suitable for identification of existing and proposed features showing proposed buildings, parking areas, driveways, sidewalks, and landscaping; existing topographic contours (ten-foot intervals); any wetlands, streams, water bodies, or floodplains; steep slopes; areas of mature vegetation and any isolated trees with a caliper in excess of twelve (12) inches. These plans may be based on readily available data from published sources, such as aerial photographs, USGS topographical sheets, Town of Rhinebeck GIS, FEMA floodplain maps, tax maps, NYSDEC wetland, or United States Fish and Wildlife Service National Wetland Inventory (NWI) maps.

ii. A description of the proposed use(s) including the likely number of employees, visitors, and/or residents; the likely hours of operation; and the likely frequency of deliveries by truck. b. Planning Board review and action. i. The Planning Board shall determine whether the Sketch Plan demonstrates substantial compliance with the principles shown in the Illustrative Concept Plan. In making this determination, the Planning Board shall evaluate the following Sketch Plan components: (a) The location of the proposed use with respect to the Main Street and Residential Neighborhood Areas of the Illustrative Concept Plan; (b) The compatibility of the proposed use with respect to pre-existing uses and planned uses shown in the Illustrative Concept Plan for the subject parcel and adjoining parcels; (c) The scale and orientation of proposed buildings; (d) The location and adequacy of any proposed parking given the proposed use and potential adjoining uses that may share parking; (e) The adequacy of proposed landscaping or green spaces given the proposed use and potential adjoining uses; (f) The adequacy of proposed vehicular and pedestrian access to the proposed use from public rights-of-way and between adjoining lots. ii. The Planning Board shall adopt by resolution a written statement describing its findings with respect to substantial compliance with the principles shown in the Illustrative Concept Plan. Such resolution does not form a binding approval by the Planning Board of the proposed use or the size, location, or quality of any physical

July 2008 Draft

Article VIII.6

Traditional Neighborhood Development District
improvements, but rather is a statement by the Planning Board that the proposed use is in substantial compliance with the principles shown in the Illustrative Concept Plan. Such resolution is not considered a final determination or action under the State Environmental Quality Review Act (SEQR) but, rather, constitutes an initial step in the environmental review process to be completed as part of Final Plan review. iii. Should the Planning Board determine that a proposed use is not in substantial compliance with the principles shown in the Illustrative Concept Plan, the Planning Board shall adopt by resolution a written statement explaining why the proposed use fails to demonstrate substantial compliance. Any proposed use that is found to be not in substantial compliance with the principles shown in the Illustrative Concept Plan shall not be permitted to proceed to Final Plan review. Such a resolution by the Planning Board is not considered a denial with prejudice and the applicant may submit a revised or reconstituted Sketch Plan for Planning Board consideration. 3. Final plan. a. Submission requirements. Upon receipt of the Planning Board’s written resolution on the Sketch Plan’s substantial compliance with the principles shown in the Illustrative Concept Plan, the applicant shall submit ten (10) copies of the following materials to the Planning Board, which materials shall constitute the requirements of a “complete application”: i. A detailed Site Plan at a scale suitable for identification of existing and proposed features showing all improvements planned in conjunction with the proposed uses including information required in Article VI; the vehicle circulation system, including existing and potential connections to adjacent streets and properties; the pedestrian and bicycle circulation system, including connections between major buildings and activity areas within the conceptual development plan boundaries; the location, size and proposed surface treatment of all vehicle parking areas; building elevations; square footage of building floor area; numbers and types of residential units, including bedroom count and proposed floor plans; impervious surface coverage; proposed landscaping and planted areas, with identification of sizes and types of vegetation to be used, and method to ensure long-term survival; the location, size and design of all existing and proposed improvements, including the stormwater management, water supply and sewage disposal systems, and other similar features; the location, type, and size of any proposed signs and exterior illumination; and any additional information that will assist the Planning Board in its review of the application.

ii. A description of present uses, proposed uses and accessory uses, and possible future uses. The description shall provide information as to the general amount and type of each use including, but not limited to retail, service, office, lodging, recreation areas, civic space, and housing. The likely hours of operation, and such things as the approximate number of employees, visitors, residents, and special events shall be included. iii. The Required application fees including escrow and other fees required by the Town of Rhinebeck fee schedule. iv. Full Environmental Assessment Form (EAF).

July 2008 Draft

Article VIII.7

Traditional Neighborhood Development District
b. Planning Board review and action. i. The Planning Board shall review the Site Plan against the standards and guidelines identified in Article VIII, Sections R through T.

ii. The Planning Board shall conduct a public hearing within sixty-two (62) days from the date of receipt of a complete application. iii. Notwithstanding the requirements of the State Environmental Quality Review Act (Article 8 of the Environmental Conservation Law) and its implementing regulations (6 NYCRR Part 617) in the case where an environmental impact statement is being prepared for the application, the Planning Board shall render a decision on the application within sixty-two (62) days of the closing of the public hearing.

J. Major Applications
1. Major applications shall require Concept Plan and Final Plan review and approval by the Planning Board. 2. Concept Plan. a. Submission Requirements. Ten (10) copies of a Concept Plan containing the following information shall be submitted to the Planning Board for review and action prior to proceeding with submission of Final Plan materials: i. A Concept Plan of the properties involved in the application and other properties immediately adjoining these properties and that are within the Astor Flats TND area at a scale suitable for identification of existing and proposed features showing proposed buildings, parking areas, driveways, streets, sidewalks, open spaces and landscaping; existing topographic contours (ten-foot intervals); any wetlands, streams, water bodies, or floodplains; steep slopes; areas of mature vegetation and any isolated trees with a caliper in excess of twelve (12) inches. These plans may be based on readily available data from published sources, such as aerial photographs, USGS topographical sheets, Town of Rhinebeck GIS, FEMA floodplain maps, tax maps, NYSDEC wetland, or United States Fish and Wildlife Service National Wetland Inventory (NWI) maps. The Planning Board may require the Concept Plan to cover parcels not immediately adjacent to the parcels covered by the application if inclusion of these additional parcels would provide additional context necessary for the evaluation of the application and its consistency with the principles of the Illustrative Concept Plan.

ii. A description of the proposed use(s) including the total number of residential units and non-residential square-footage (civic uses shall be totaled separately); the likely number of employees, visitors, and/or residents; the likely hours of operation; and the likely frequency of deliveries by truck. iii. The Concept Plan shall show proposed use(s) in the context of existing and potential development on adjoining properties in compliance with the principles shown in the Illustrative Concept Plan and any potential shared access, parking, or green spaces. b. Planning Board review and action. i. The Planning Board shall determine whether the Concept Plan demonstrates

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Article VIII.8

Traditional Neighborhood Development District
substantial compliance with the principles shown in the Illustrative Concept Plan. The Planning Board shall evaluate the following Concept Plan components to determine substantial compliance with the principles shown in the Illustrative Concept Plan: (a) The location of proposed uses with respect to the Main Street and Residential Neighborhood Areas of the Illustrative Concept Plan; (b) The compatibility of proposed uses with respect to pre-existing uses and planned uses shown in the Illustrative Concept Plan for the subject parcels and adjoining parcels; (c) The scale and orientation of proposed buildings; (d) The location and adequacy of proposed parking given the proposed uses and potential adjoining uses that may share parking; (e) The adequacy of proposed landscaping or open spaces given proposed uses and potential adjoining uses; (f) The adequacy of proposed vehicular and pedestrian access from public rights-ofway and within the overall TND area. i. Prior to determining whether the Concept Plan is substantially compliant with the Illustrative Concept Plan, the Planning Board shall hold a public information meeting to solicit public input on the proposed Concept Plan. The public information meeting shall provide members of the public with an opportunity to review the Concept Plan, to ask questions of the applicant and/or Planning Board, and to suggest modifications to the Concept Plan. Alternative formats for engaging members of the public in a dialogue regarding the Concept Plan are encouraged.

ii. The Planning Board shall adopt by resolution a written statement describing its findings with respect to the Concept Plan’s compliance with the principles shown in the Illustrative Concept Plan. Such resolution does not form a binding approval by the Planning Board of the proposed use(s) or the size, location, or quality of any physical improvements, but rather is a statement by the Planning Board that the proposed use(s) is/are in substantial compliance with the principles shown in the Illustrative Concept Plan. Such resolution is not considered a final determination or action under the State Environmental Quality Review Act (SEQRA) but, rather, constitutes an initial step in the environmental review process to be completed as part of Final Plan review. iii. Should the Planning Board determine that a Concept Plan is not in substantial compliance with the principles shown in the Illustrative Concept Plan, the Planning Board shall adopt by resolution a written statement explaining why the Concept Plan fails to demonstrate substantial compliance. Any Concept Plan that is found to be not in substantial compliance with the principles shown in the Illustrative Concept Plan shall not be permitted to proceed to Final Plan review. Such a resolution by the Planning Board is not considered a denial with prejudice and the applicant may submit a revised or reconstituted Sketch Plan for Planning Board consideration. 3. Final plan.

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Article VIII.9

Traditional Neighborhood Development District
a. Submission requirements. Upon receipt of the Planning Board’s written resolution on the Concept Plan’s substantial compliance with the principles shown in the Illustrative Concept Plan, the applicant shall submit ten (10) copies of the following materials to the Planning Board. i. An overall Development Plan and any details of such Development Plan at a scale suitable for identification of existing and proposed features showing all improvements planned in conjunction with the proposed uses including information required in Article VI; the vehicle circulation system, including existing and potential connections to adjacent streets and properties; the pedestrian and bicycle circulation system, including connections between major buildings and activity areas within the conceptual development plan boundaries; the location, size and proposed surface treatment of all vehicle parking areas; building elevations; square footage of building floor area; numbers and types of residential units, including bedroom count and proposed floor plans; impervious surface coverage; proposed landscaping and planted areas, with identification of sizes and types of vegetation to be used, and method to ensure long-term survival; the location, size and design of all existing and proposed improvements, including the stormwater management, water supply and sewage disposal systems, and other similar features; the location, type, and size of any proposed signs and exterior illumination; and any additional information that will assist the Planning Board in its review of the application.

ii. A description of present uses, proposed uses and accessory uses, and possible future uses. The description shall provide information as to the general amount and type of each use including, but not limited to retail, service, office, lodging, recreation areas, civic space, and housing. The likely hours of operation, and such things as the approximate number of employees, visitors, residents, and special events shall be included. iii. Information on the intended construction sequence for all components of the TND.

iv. The Required application fees including escrow and other fees required by the Town of Rhinebeck fee schedule. v. Full Environmental Assessment Form (EAF). b. Planning Board review and action. i. The Planning Board shall review the Site Plan against the standards and guidelines identified in Article VIII, Sections R through T.

ii. The Planning Board shall conduct a public hearing within sixty-two (62) days from the date of receipt of a complete application. iii. Notwithstanding the requirements of the State Environmental Quality Review Act (Article 8 of the Environmental Conservation Law) and its implementing regulations (6 NYCRR Part 617) in the case where an environmental impact statement is being prepared for the application, the Planning Board shall render a decision on the application within sixty-two (62) days of the closing of the public hearing.

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Article VIII.10

Traditional Neighborhood Development District

K. Density & Site Development Calculations
1. Overall development levels within the Astor Flats TND shall be as shown on the Illustrative Concept Plan and not to exceed a total of 320 dwelling units and 125,000 square feet of nonresidential (excluding civic uses). Table 4 provides use and dimensional standards applicable to the Main Street Area and the Residential Neighborhood Areas. For purposes of density calculation, the neighborhood areas include the streets but not land allocated to Civic use. Table 4 can be found on page VIII.29. 2. The overall residential development levels shall include the mandatory inclusionary affordable housing requirements of the Zoning Law, where a minimum of twenty percent (20%) of each of the housing types shall be affordable as outlined in the Town of Rhinebeck Affordable Housing program in Article V, Section CC. The housing and other functions for each zone shall be further adjusted at the building scale according to Article VIII, Section R. 3. Permitted development levels of any parcel or parcels processed as a Minor Application shall be comparable to that shown in the Illustrative Concept Plan and the Planning Board shall determine the most appropriate development level given the size of the parcel(s) involved, the location of the parcel(s) in context with the Illustrative Concept Plan and potential future adjoining uses, the provision of parking or stormwater management facilities on the parcel(s), and overall consistency with the principles shown in the Illustrative Concept Plan.

L. Environmental review
1. In evaluating potential environmental impacts of proposed development within the Astor Flats TND, the Planning Board shall conduct (or cause to be conducted), at a minimum, an environmental assessment of potential traffic impacts; the ability of the Town to adequately serve the proposed development with utilities, drainage, educational, childcare, and protective services; economic and community character impacts with respect to potential impacts of new commercial uses on existing commercial uses within the Village of Rhinebeck; and cumulative impacts of other development projects that may affect traffic levels on Route 9 or general economic conditions within the Town of Rhinebeck. 2. It is recognized that in creating mixed-use centers that compensation for disturbances to wetlands and other surface waters may require mitigation measures within or outside the TND area.

M. Provision of Water and Wastewater Infrastructure
1. The Town envisions that the Astor Flats TND area would be served by community water and sewer systems, whether by formation of special districts pursuant to Articles 12, 12-A, and 12-C of New York State Town Law, established through the New York State Transportation Corporations Law, or through contractual arrangements with the Village of Rhinebeck. 2. Applications within the Astor Flats TND area may include individual on-site wells and individual on-site sub-surface sanitary treatment systems (septic systems) provided that those systems meet the applicable Dutchess County Department of Health, New York State Department of Environmental Conservation, and/or New York State Department of Health regulations. Applications shall include a demonstration of how such individual wells and

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Article VIII.11

Traditional Neighborhood Development District
septic systems will be retrofitted to connect to community water supply and sewer systems once those facilities become available in the future. Properties within the Astor Flats TND area that are served by individual wells or septic systems shall make connections to a community water supply system or sewer system when those services become available.

N. Maintenance of Open Space.
Applications including any open space or green space shall include written agreements providing for the future ownership and maintenance of all commonly owned or used portions of the proposed development, including the proposed “Declaration of Covenants and Restrictions” and/ or “Offering Plans” for any Homeowners Association, if necessary.

O. Subdivision of Land Within the Astor Flats TND.
The procedure for the review of subdivision plans, if proposed, shall comply with the requirements of the Subdivision Regulations, except that such plans shall not receive final plat approval unless and until the detailed Development Plan is approved. Exceptions for individual lots may be made if it can be demonstrated that such lots will not be contrary or create a conflict with the Illustrative Concept Plan.

P. Elements of the TND.
The simultaneous planning of adjacent parcels is strongly encouraged as is the provision of community water supply and wastewater treatment systems. Each application within the Astor Flats TND, according to its type, and responding to existing conditions, shall be structured in accordance with the respective standards for the Main Street Area and the Neighborhood Residential Areas. Each application for Minor or Major development within the Astor Flats TND shall be governed by the standards set forth in this section relating to the Main Street Area, the Neighborhood Residential Areas, the street network, and civic spaces. Submitted plans shall include a set of building design standards to be administered and maintained after construction by a homeowners association or associations created for this purpose. The graphic and design standards for TND development in this Article are based upon the work of Duany Plater-Zyberk and Company and their “Smart Code.”

Q. Allocation of Uses
1. Main Street Area a. The Main Street Area of the Astor Flats TND is intended primarily to meet the retail and service needs of the immediate neighborhood within two- and three-story buildings, and may contain other compatible uses, such as civic and institutional uses of community-wide importance. It also provides for upper story residential uses, multi-family dwellings and townhouses. All residences should be within approximately one-quarter (!) mile from the Main Street area. b. A minimum of five percent (5 %) of the gross land area of the neighborhood shall be designated for open space uses, such as neighborhood greens, central squares or commons,

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Article VIII.12

Traditional Neighborhood Development District
courtyards, parks, playgrounds, green space and trails, and protected natural areas. c. A minimum of two percent (2 %) of the gross floor area of the neighborhood shall be designated for civic uses in the Main Street area. d. A minimum of five percent (5 %) and a maximum of fifteen percent (15 %) of the gross floor area of the neighborhood shall be designated for live/work units in the Main Street area. e. A minimum of two percent (2 %) and a maximum of thirty percent (30 %) of the gross floor area of the Astor Flats TND neighborhood shall be designated for new retail and office uses in the Main Street area. 2. Residential Neighborhood Areas a. The Residential Neighborhood Areas provide locations for a broad range of housing types, including one-family detached, two-family attached, townhouse, multi-family, and accessory dwelling units. b. A minimum of five percent (5 %) of the gross land area of the neighborhood shall be designated for open space uses, such as neighborhood greens, central squares or commons, courtyards, parks, playgrounds, green space and trails, and protected natural areas. c. A maximum of fifteen percent (15 %) of the gross land area of the Residential Neighborhood Areas shall be designated for single-family attached houses and small lot (50 feet or less in width) single-family detached houses. d. A maximum of forty-five percent (45 %) of the gross land area of the Residential Neighborhood Areas shall be designated for detached houses on lots of 50 feet or more in width. e. Home occupations may be permitted in the neighborhood residential areas except as provided for in Article VI, Section B of the Zoning Law.

R. Standards Applicable to the Main Street and Residential Areas.
1. Lots and buildings located within the Astor Flats TND area shall be subject to the requirements of this Article. 2. The requirements described in this Article shall control the disposition, configuration and function of buildings, as well as their architectural, landscape, parking, signage, and ambient standards. 3. The Site Plan submittals shall show the following, in compliance with the Intent and Purposes of the TND and with the standards described in this Article and Article VII of the Zoning Law: a. For Sketch/Concept Plan approval: i. Building disposition

ii. Building configuration iii. Building function iv. Parking standards

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Article VIII.13

Traditional Neighborhood Development District
b. For final Site Plan/Development Plan approval, in addition to the above: i. Architectural standards

ii. Landscape standards iii. Signage standards iv. Ambient standards v. Additional requirements 4. General Building Disposition a. Lots shall be generally dimensioned as shown graphically on the Illustrative Concept Plan and platted or re-platted according to the standards of Table 4. b. One principal building at the frontage, and one outbuilding to the rear of it, may be built on each lot as shown on Figure 6.
Figure 6: Building Disposition

1. 2. 3.

Principal Building C o nnecting Building O u t b u ilding

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Article VIII.14

Traditional Neighborhood Development District
c. Buildings shall be oriented in relation to the boundaries of their lots according to Figure 7 and Table 4.
Figure 7: Appropriate Building Types Yard Types Edge Yard: A building that occupies the center of its lot with setbacks on all sides. The front yard sets it back from the frontage and is intended to be visually continuous with the yards of adjacent buildings. The rear yard can be secured for privacy by fences and a well-placed connecting building and/or outbuilding. Side Yard: A building that occupies one side of the lot with the setback to the other side. The visual opening of the side yard on the street frontage causes this building type to appear freestanding. If the adjacent building is similar with a blank party wall, the yard can be quite private. This type permits climatic orientation in response to the sun or the wind. Rear Yard: A building that occupies the full frontage, leaving the rear of the lot as the sole yard. The continuous facade steadily defines the public street. The rear elevations may be articulated for functional purposes. In its residential form, this type is the rowhouse. For its commercial form, the rear yard can accommodate substantial parking. Court Yard: A building that occupies the boundaries of its lot while internally defining one or more private patios. This type is able to shield the private realm from all sides while strongly defining the public street and can accommodate incompatible activities, masking them from all sides. Neighborhood

Residential

Residential Main St.

Main St.

Main St.

d. Facades shall be built parallel to the principal frontage line or parallel to the tangent of a curved principal frontage line. e. Setbacks for principal buildings shall be as shown in Table 4. In the case of an infill lot, setbacks shall match one or the other of the existing adjacent setbacks. Setbacks may be otherwise adjusted by Variance. f. Rear setbacks for outbuildings shall be a minimum of 12 feet measured from the centerline of the alley or rear lane easement. In the absence of rear alley or lane, the rear setback shall be as shown in Table 4.

g. Awnings may encroach the public sidewalk without limit. Stoops may encroach 100% of the depth of a setback. Open porches and awnings may encroach up to 50% of the depth of the setback. Balconies and bay windows may encroach up to 25% of the depth of the setback. h. Loading docks and service areas shall be permitted on frontages only by Variance. 5. General Building Configuration a. Private Frontage types shall be as described in Figure 8 and allocated in Table 4.

July 2008 Draft

Article VIII.15

Traditional Neighborhood Development District
Figure 8: Private Frontages
! Private Frontage ! Public Frontage !

Section

Common Yard: Here the façade is set back substantially from the frontage line. The front yard remains unfenced and is visually continuous with adjacent yards. The deep setback provides a buffer from the street. Porch & Fence: Here the façade is set back from the frontage line with an attached porch. A fence at the frontage line demarks the yard. The porches should be no less than 8 feet deep. Terrace or Light Court: Here facade is set back from the frontage line by an elevated terrace or a sunken light court. This buffers residential use from sidewalks and removes the private yard from public realm. The terrace is suitable for outdoor cafes. Forecourt: Here the façade is close to the frontage line and the central portion is set back. The forecourt created is suitable for vehicle dropoffs. This type should be allocated in conjunction with other frontage types. Large trees within the forecourts may overhang the sidewalks. Stoop: Here the façade is aligned close to the frontage line with the first story elevated from the sidewalk to secure privacy. The entrance is usually an exterior stair and landing. This type is recommended for ground-floor residential use. Shopfront and Awning: Here the façade is aligned close to the frontage line with the building entrance at sidewalk grade. This type is conventional for retail use. It has a substantial glazing on the sidewalk level and an awning that may overlap the sidewalk to the maximum extent possible.

! Private Frontage ! Public Frontage !

Plan

Neighborhood

Residential

Residential

Residential Main St.

Residential Main St.

Residential Main St.

Main St.

b. Building heights shall be as described in Figure 9 below and as allocated in Table 4.
Figure 9: Building Heights

Residential

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Article VIII.16

Traditional Neighborhood Development District
Figure 9: Building Heights

Residential Main St.

6. General Building Use & Density a. Buildings may be dedicated to uses described in Table 2. Uses not shown require approval by Use Variance with the exception of the following uses, which are prohibited: i. Adult establishments including passive adult uses ii. Drive-through businesses iii. Gasoline station iv. Self-storage facilities v. Outdoor sales or rental of boats, vehicles or equipment vi. Outdoor storage of materials and equipment (except during construction) vii. Repair of vehicles, unless entirely within a building viii. Surface parking on pedestrian-oriented streets ix. Car wash, unless located within a building or parking structure

Table 2: Building Uses Uses a. Residential Accessory apartment Apartment Cottage Estate house Home occupation Live-work unit Multi-family Row house Single-family house Two-family house b. Lodging Bed & Breakfast (up to 5 rooms) Country Inn (up to 4 rooms) Hotel S. R. O. hostel c. Office Live-work unit Residential Main St.

! ! ! ! ! ! ! ! ! ! ! ! " !

!

! !

! "

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Article VIII.17

Traditional Neighborhood Development District
Table 2: Building Uses Office building d. Retail Display gallery Farm market Restaurant Retail building e. Civic Bus shelter Conference center Fountain or public art Library Live theater Movie theater Museum Parking structure Passenger terminal Playground Surface parking lot House of worship Neighborhood Center f. Civic support Fire station Police station Medical clinic Post Office substation g. Education Trade school Elementary school Nursery or day school h. Public services Sewer and waste facility Water supply facility

! ! ! ! ! ! ! ! ! " ! ! ! ! ! ! " ! " " ! ! ! ! ! ! ! ! " ! ! ! "* "*

*
!
"

Designed to serve the TND, existing uses only and subject to Town Board approval Permitted use Special permit use

b. Uses shall be limited by the number of parking spaces available to meet the required parking set forth in Table 3. 7. General Parking Standards a. Vehicular parking for residential and business uses shall be provided as required in Table 3.

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Article VIII.18

Traditional Neighborhood Development District
b. For applications with mixed-use, shared parking shall be provided by multiplying the lower of the parking requirements for the proposed uses by the Sharing Factor provided in Figure 10.
Table 3: Required Parking Uses Residential Lodging Office Retail Astor Flats Residential 1.5 / dwelling 1.0 / bedroom 3.0 / 1,000 sq. ft. Astor Flats Main St. 1.0 / dwelling 1.0 / bedroom 2.0 / 1,000 sq. ft. 3.0 / 1,000 sq. ft. As determined by Planning Board Figure 10: Sharing Factor

As determined by Planning Board Note: See Article V, Sections B(5) and (6) for additional requirements.

4.0 / 1,000 sq. ft. Civic As determined by Planning Board Other As determined by Planning Board

c. On-street parking available along the frontage lines that correspond to each lot shall be counted toward the parking requirement of the building on the lot. d. Parking shall be accessed by the alley or rear lane, when such are available on the Site Plan. e. All required parking may be provided within one-quarter mile of the site that it serves by Waiver. The required parking may be purchased or leased from a municipal parking lot within one-quarter mile of the site that it serves. f. Parking shall be located as described in Article VIII, Sections S and T.

g. Parking lots shall be visually screened from the frontage by a liner building or street screen as specified in Article VIII, Sections S and T. h. Bicycle racks shall be provided within the public or private frontage in the Main Street mixed use area where appropriate. i. j. Maximum parking ratios may be established by the Planning Board. Accommodations shall be made for the use of porous pavers for parking wherever feasible.

8. General Architectural Standards a. Street screens should be between 3.5 and 8 feet in height and constructed of a material matching the adjacent building façade or the street screen may be a hedge or fence as part of a planned landscape area. Street screens shall have openings no larger than necessary to allow automobile and pedestrian access. In addition, all street screens over 4 feet high should be 30% permeable or articulated. b. All openings, including porches, galleries, arcades and windows, shall be square or vertical in proportion. Arches are allowed where specifically approved by the Planning Board. c. Openings above the first story shall not exceed 50% of the total building wall area, with each facade being calculated independently. d. The facades on Retail Frontages shall be detailed as storefronts and glazed with clear glass no less than 70% of the sidewalk-level story.

July 2008 Draft

Article VIII.19

Traditional Neighborhood Development District
e. Doors and windows that operate as sliders are prohibited along frontages. f. Pitched roofs, if provided, shall be symmetrically sloped no less than 5:12, except that porches and attached sheds may be no less than 2:12.

g. Flat roofs shall be enclosed by parapets a minimum of 42 inches high, or as required to conceal mechanical or electronic equipment to the satisfaction of the Planning Board. 9. General Landscape Standards a. A minimum of one tree to match the species of street trees on the public frontage shall be planted for each 30 feet of frontage line as illustrated in Figures 1, 3, and 5. b. Street trees shall be of a type illustrated in Figure 5. c. Other landscape standards of the Zoning Law shall apply. 10. General Signage Standards. Signs in the TND shall not exceed the Town of Rhinebeck Sign Standards found in Article V, Section C. a. One address number no more than 6 inches vertically shall be attached to the building in proximity to the principal entrance or at a mailbox or as required by the Dutchess County 911 addressing system. b. In the Main Street area, each building shall be limited to a total sign area of one (1) square foot in area for every two (2) linear feet of ground-floor street frontage occupied by an establishment, but not exceeding twenty (20) square feet, for any sign parallel to and flat against the façade of a building or ten (10) square feet for any other sign. No one sign shall exceed six (6) square feet. c. Where illuminated, signs shall only be lit externally with full-spectrum source. d. No attached sign shall extend more than four (4) feet over the street right of way/property line. e. Freestanding signs shall not be permitted where the building is set less than forty (40) feet back from the property line. f. The bottom of projecting signs shall be not less than seven (7) feet from the ground.

g. No sign shall exceed ten (10) feet in height or extend above the façade of the building to which it is attached. h. Interior sign coverage shall not exceed twenty percent (20 %) of the glass area or window in which it is displayed. 11. General Ambient Standards a. Sound levels shall not exceed the Town’s noise requirements found in Article V. b. Lighting levels measured in foot-candles at the building frontage shall not exceed the Town’s lighting requirements found in Article V. c. Streetlights shall be of a general type illustrated in Figure 4. d. Outdoor storage, including waste receptacles, shall be screened from view from any frontage by a street screen or appropriate landscaping, in conformance with Article VIII,

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Article VIII.20

Traditional Neighborhood Development District
Section R(8)(a) and Articles V, Section D and VII, Section C(4) of the Zoning Law.

S. Main Street Area
1. Building Disposition a. In addition to the general specifications in Article VIII, Section R, specific building disposition shall be as shown in Figure 7. b. Facades shall be built parallel to the principal frontage line along a minimum of 70% of its length on the setback shown in Figure 8. c. Buildings shall have their principal pedestrian entrances on a frontage line. 2. Building Configuration a. A first level residential or lodging function shall be raised a minimum of two (2) feet from average sidewalk grade. 3. Building Uses a. Accessory uses of Home Occupations and Bed & Breakfasts shall be permitted within an outbuilding in accordance with § VI(B) of the Zoning Law. b. First story commercial shall be permitted throughout and shall be required at Mandatory Shopfront Frontages. 4. Parking Standards a. In addition to the general specification shown in Article VIII, Section R(7), parking shall be provided as specified in Table 3 and Figure 10. b. All parking areas shall be located at the Third Lot Layer and be masked by a Street screen, Liner Building, or landscaping and as determined by the Planning Board. c. The required parking may be provided on sites elsewhere by Waiver. d. Pedestrian entrances to all parking lots and parking structures shall be directly from a frontage line. e. The vehicular entrance of a parking lot or garage on a frontage shall be no wider than 30 feet. 5. Architectural Standards a. In addition to the general specifications shown in Article VIII, Section R(8), specific standards shall be as follows: i. The exterior finish materials on all facades shall be limited to stone, brick, cement reinforced clapboard siding, wood and/or stucco. Vinyl, plastic and aluminum are prohibited except as an incidental part of the window treatments when such material is designed to resemble wood or clad wood.

ii. Balconies, galleries and arcades should be made of concrete, wood, wood composite or earth-based materials such as brick, stone, and/or stucco but may be faced with such materials. Vinyl, plastic and aluminum facing are prohibited. Railings may be made of

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Article VIII.21

Traditional Neighborhood Development District
metal, stone or wood. iii. Buildings may have flat roofs enclosed by parapets and with architectural cornices or sloped roofs. iv. Streetscreens shall be located on the same plane with the building facade line. 6. Environmental Standards a. Management of stormwater shall be in accordance with the Town of Rhinebeck Stormwater Management requirements found in Article V, Section Z or the New York State Stormwater Guidance Manual (as amended from time to time), whichever is more stringent. 7. Landscape Standards a. In addition to the general specifications shown in Article VIII, Section R(9), the landscape materials installed shall consist primarily of native species that are durable and tolerant of soil compaction. b. The First Layer as shown in Figure 11 shall be landscaped or paved to match the Public Frontage as shown in Figure 3.
Figure 11: Lot Layers

c. Trees shall be a species with shade canopies that, at maturity, can be trimmed to remain clear of building frontages.

T. Residential Neighborhood Areas
1. Building Layout a. A minimum residential housing mix of three types (none less than 20%) shall be selected from Figure 7. 2. Building Configuration a. In addition to the general specifications of Article VIII, Section R(4), specific building configuration shall be as shown in Figure 7, and summarized in Table 4. 3. Building Uses

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Article VIII.22

Traditional Neighborhood Development District
a. In addition to the general specifications of Article VIII, Section R(6), specific building use shall be as shown in Figure 2 and summarized in Table 4. b. Accessory uses of Home Occupations and Bed & Breakfasts shall be permitted within an outbuilding in accordance with Article VI, Section B of the Zoning Law. 4. Parking Standards a. In addition to the general specification shown in Article VIII, Section R(7), parking shall be provided as specified in Tables 3 and Figure 10. b. All parking areas except for driveways shall be located at the Third Layer, as illustrated in Figure 11. Garages shall be at the Third Layer. c. Parking may be accessed from a rear alley or rear lane. 5. Architectural Standards a. In addition to the general specifications shown in Article VIII, Section R(8), specific standards shall be as follows: b. The exterior finish materials on all facades shall be limited to wood siding, and/or earthbased materials such as brick, stone, cement reinforced clapboard siding and/or stucco. Vinyl, plastic and aluminum siding are prohibited. c. Balconies and porches shall be made of wood, wood composite and/or earth-based materials such as brick, stone, cement reinforced clapboard siding and/or stucco. Railings shall be made of wood, wood composite or metal. Vinyl, plastic and aluminum trim elements are prohibited. d. Buildings shall have sloped roofs. e. Fences, if provided, shall be within the First Lot Layer, as illustrated in Figure 11 and shall be in conformance with Article V, Section D. Fences at other Layers may be of wood, wrought iron, or similar materials. Vinyl and plastic fences are prohibited. 6. Environmental Standards a. In addition to the general specifications shown in Article VIII, Section R(9), the species of landscape installed shall consist primarily of durable species tolerant of soil compaction. b. Impermeable surfaces shall be confined to the ratio of lot coverage by building, as shown in Table 4. c. Management of stormwater shall be in accordance with the Town of Rhinebeck Stormwater Management requirements found in Article V, Section Z or the New York State Stormwater Guidance Manual, (as amended from time to time), whichever is more stringent. 7. Landscape Standards a. Landscaping shall be in accordance with the Town landscaping requirements found in Article VII, Section C. 8. Sign Standards a. There shall be no signage permitted other than that specified in Article VIII, Section R(10).

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Article VIII.23

Traditional Neighborhood Development District

U. Civic Uses
1. General a. Civic Spaces for public use are required for each neighborhood and indicated on the Illustrative Concept Plan as green space and/or civic structures. b. Civic structures are sites for buildings generally operated by not-for-profit organizations dedicated to culture, education, government, transit, and municipal parking, or for a use approved by the Town Board. c. Parking for Civic uses shall be determined by the Planning Board. 2. Civic Spaces a. The Main Street Area and the Residential Neighborhood Areas shall each include at least 5% of its area as Civic Space. b. Civic Spaces shall be generally designed as a park, green, square or plaza as illustrated in Figure 12 and shall be approved by the Planning Board. c. Each Civic Space shall have a minimum of 50% of its perimeter fronting on a street. 3. Civic Structures a. A Meeting Hall or a Third Place (i.e. a private building that includes a space conducive to unstructured social gathering, usually bars, cafes, and corner stores) shall be provided in proximity to the Main Civic Space of the Main Street neighborhood. b. Civic structure sites shall not occupy more than 20% of the area of the Astor Flats TND. c. Civic structure sites should be located within or adjacent to Civic Spaces, or at the axial termination of significant Streets. d. Civic Buildings shall be approved by the Planning Board on sites reserved for them. e. Civic Buildings shall not be subject to the Requirements of Article VIII, Sections R and S. The particulars of their design shall be determined by the Planning Board through the Site Plan review process.

V. Street Requirements
1. General a. The streets are intended for use by vehicular and pedestrian traffic and to provide access to lots and open spaces. b. The streets consist of vehicular lanes and public frontages as illustrated on Figure 1. The lanes provide the traffic and parking capacity. They consist of vehicular lanes in a variety of widths for parked and for moving vehicles. The frontages contribute to the character of the neighborhood. They include the types of sidewalk, curbing, planter, and street tree.

July 2008 Draft

Article VIII.24

Traditional Neighborhood Development District

Figure 1: Streets c. Streets should be designed in context with the form and desired design speed of the neighborhood through which they pass. Streets that pass from one neighborhood to another shall adjust their Public Frontages accordingly, or alternatively, the neighborhood may follow the alignment of the street to the depth of one lot, retaining a single public frontage throughout its trajectory. d. Within the neighborhoods, pedestrian comfort shall be a primary consideration of the street. Design conflict between vehicular and pedestrian movement shall be decided in favor of the pedestrian. 2. Streets a. The standards for vehicle lanes shall be as shown in Table 1 and Figure 2. All intersections shall be provided with crosswalks using raised pavers or other acceptable method of delineating pedestrian safety zones.
Table 1: Vehicle Lane Standards
Design Speed Below 20 mph 20-25 mph 25-35 mph 20-25 mph 20-25 mph 25-35 mph Below 20 mph 20-25 mph 25-35 mph Travel Lane Width 8 feet 9 feet 10 feet Parking Lane Width (Angle) 18 feet (Parallel) 7 feet (Parallel) 8 feet Effective Turning Radius 5-10 feet 10-15 feet 15-20 feet Main St. Residential

" ! ! ! ! ! ! ! BY RIGHT

" ! !

! ! ! ! ! " BY WAIVER

July 2008 Draft

Article VIII.25

Traditional Neighborhood Development District

Figure 2: Vehicle Lanes Illustrated
One-Way Movement Yield Parking Two-Way Movement

AADT Pedestrian Crossing Design Speed

Parking 1 Side Parallel

AADT Pedestrian Crossing Design Speed

Parking Both Sides Parallel

AADT Pedestrian Crossing Design Speed

The design average annual daily traffic (AADT) is the determinant for each of the above sections.

b. The street network shall be designed to define blocks not exceeding the size prescribed in Figure 2A. The size shall be measured as the sum of lot frontage lines. c. All streets shall terminate at other streets, forming a network. Internal streets shall connect wherever possible to those on adjacent sites. Cul-de-sacs shall be permitted only when warranted by natural site conditions. d. Lots shall front on a street, except that twenty percent (20%) of the lots within each neighborhood may front on a pedestrian passage. e. A bicycle network consisting of trails, routes and lanes shall be provided throughout the TND as outlined in Table 4. The community bicycle network should be connected to existing or proposed bicycle networks wherever possible. 3. Public Frontages a. Public frontages shall be designed as shown in Figure 3 and allocated within neighborhoods as specified in Table 4.

July 2008 Draft

Article VIII.26

Traditional Neighborhood Development District

Figure 3: Public Frontages Frontage Type Public Frontage Residential Main Street

Total width Curb

12-18 feet

18-24 feet

18- 30 feet

Type Radius Walkway

Raised curb 5-20 feet

Raised curb 5-20 feet

Raised curb 5-20 feet

Type Width Planter

Sidewalk 4-8 feet

Sidewalk 12-20 feet

Sidewalk 12-30 feet

Arrangement Species Planter Type Trees

Regular Single Continuous planter Pin Oak Red Oak White Oak Ginkgo Biloba London planetree

Regular Single Continuous planter Ginkgo Biloba White Ash Hackberry

Opportunistic Single Tree well Ginkgo Biloba White Ash Hackberry

b. Within the public frontages, the prescribed type of street trees and streetlights shall be as shown in Figure 3 above and Figures 4 and 5. The spacing may be adjusted by waiver to accommodate specific site conditions, such as building entrances.

July 2008 Draft

Article VIII.27

Traditional Neighborhood Development District

Figure 4: Street Light Types (for illustration purposes only) ______________ ______________ ______________ ______________ ______________ ______________ ______________ ______________ ______________ ______________ Figure 5: Street Trees Residential Main St. ______________ ______________ ______________ ______________ ______________ ______________ ______________ ______________ ______________ ______________ ______________ ______________ ______________ ______________ ______________ ______________ ______________ ______________ ______________ ______________

!
Oval

!

!
Ball

!

!
Pyramid

!
Umbrella

!
Vase

July 2008 Draft

Article VIII.28

Traditional Neighborhood Development District
TABLE 4: USE AND DIMENSIONAL STANDARDS BY NEIGHBORHOOD NEIGHBORHOOD A. Density RESIDENTIAL DENSITY M) By Right Other Functions B. BLOCK SIZE Block Perimeter C. PUBLIC FRONTAGES HW & RR BV SR RS SS & AV CS & AV Rear Lane Rear Alley Path Passage Bicycle Trail Bicycle Lane Bicycle Route D. CIVIC SPACE Park Green Square Plaza Playground E. LOT OCCUPATION Lot Width Lot Coverage F. BUILDING SETBACK Front Side Rear G. Building Disposition (see Figure 6) *or 15 ft. from center line of alley Edgeyard Sideyard Rearyard H. PRIVATE FRONTAGES (see Figure 8) Common Yard Porch & Fence Terrace or L.C. Forecourt Stoop Shopfront & Awning Gallery Arcade I. BUILDING HEIGHT (see Figure 9) Principal Building Outbuilding J. BUILDING USES (see Table 2) Residential Lodging Office Retail Astor Flats Residential Astor Flats Main St. 4 units / ac. gross 20 - 30% min. 2400 ft. max. prohibited permitted permitted permitted 6 units / ac. gross 30 - 50% min. 2000 ft. max.

prohibited prohibited permitted permitted prohibited prohibited

required permitted permitted permitted permitted permitted permitted permitted permitted permitted 18 ft min 96 ft max 30% max

prohibited

by waiver

permitted

80% max

10 ft. min. 25 ft. max. 0 ft. min. 12 ft. max. 10 ft. min. 0 ft. min. 24 ft. max. 25 ft. min.* 3 ft. min.* prohibited permitted permitted prohibited prohibited

permitted permitted permitted permitted permitted permitted

permitted 35’ 2 stories max. open use restricted use restricted use restricted use 3 stories max, 2 min. 2 stories max. open use open use open use open use

July 2008 Draft

Article VIII.29

Traditional Neighborhood Development District

W.

Definitions.

Apartment: a dwelling unit sharing a building and a lot with other dwellings and/or uses. Apartments may be for rent or for sale as condominiums. Backbuilding: a single-story structure connecting a principal building to an outbuilding. Bicycle Route (BR): a street suitable for the shared use of bicycles and automobiles moving at low speeds. Block: the aggregate of private lots, passages, rear lanes, and alleys, circumscribed by streets. Building Layout: the placement of a building on its lot. Building Use: the uses accommodated by a building and its lot. Building Type: a structure category determined by function, layout on the lot, and configuration, including frontage and height. Civic Building: a building designed specifically for a civic function. Civic Parking Reserve: parking structure or lot within a quarter-mile of the site that it serves. Space may be leased or bought from this Reserve to satisfy parking requirements. Civic Space: an open area dedicated for public use. Civic Space types are defined by the combination of certain physical constants including the relationship between their intended use, their size, their landscaping, and their buildings that front them. See Table 13. Courtyard Building: a building that occupies the boundaries of its lot while internally defining one or more private patios. Design Speed: is the velocity at which a street or road tends to be driven without the constraints of signage or enforcement. There are three ranges of speed acceptable in a TND: Very Low: (below 20 MPH); Low: (20-25 MPH); and Moderate: (25-30 MPH). Lane width is determined by desired design speed. Driveway: a vehicular lane within a lot, usually leading to a garage. A Driveway in the First Layer may be used for parking if it is no more than 18 feet wide, thereby becoming subject to the constraints of a parking lot. Edgeyard Building: a building that occupies the center of its lot with setbacks on all sides. Elevation: an exterior wall of a building not along a Frontage Line. See: Facade Enfront: to place an element along a frontage line, as in “porches enfront the street.” Entrance, Principal: the main point of access of pedestrians into a building. Facade: the exterior wall of a building that is set along a Frontage Line (see Elevation; Frontage Line). Frontage Line: those lot lines that coincide with a public frontage. Facades along Frontage Lines define the public realm and are therefore more regulated than the elevations that coincide with other Lot Lines. Greenway: an open space corridor in largely natural conditions, which may include Trails for bicycles and pedestrians. Independent Building: a building designed by a different architect than the adjacent buildings.

July 2008 Draft

Article VIII.30

Traditional Neighborhood Development District
Inside Turning Radius: the curved edge of a street or road at an intersection, measured at the inside edge of the vehicular tracking. The smaller the turning radius, the smaller the pedestrian crossing distance and the more slowly the vehicle is forced to make the turn. Layer: a range of depth of a lot within which certain elements are permitted. Liner Building: a building specifically designed to mask a parking lot or a parking garage from a frontage. A Liner Building, if less than 30 feet deep and two stories, shall be exempt from parking requirements. Live-Work: a dwelling unit that contains, to a limited extent, a commercial component. A Live-Work Unit is a fee-simple unit on its own lot, with the commercial component limited to the ground level. (See Work-Live.) Lodging: premises available for daily and weekly renting of bedrooms. The area allocated for food service shall be calculated and provided with parking according to retail use. Outbuilding: an accessory building, usually located towards the rear of the same lot as a Principal Building. A Backbuilding sometimes connects it to the principal building. Outbuildings shall not exceed 600 square feet of habitable space, excluding parking areas. Parking Structure: a building containing two or more stories of parking. Parking Structures shall have Liner Buildings at the first story or higher. Passage: a pedestrian connector passing between buildings, providing shortcuts through long blocks and connecting rear parking areas to frontages. Passages may be roofed over. Path: a pedestrian way traversing a park or rural area, with landscape matching the contiguous open space. Paths should connect directly with the urban sidewalk network. Planter: the element of the public streetscape, which accommodates street trees. Planters may be continuous or individual. Principal Building: the main building on a lot, usually located toward the frontage. Private Frontage: the privately-held layer between the frontage line and the principal building facade. The structures and landscaping within the Private Frontage may be held to specific standards. The variables of private frontage are the depth of the setback and the combination of architectural elements, such as fences, stoops, porches and galleries. Public Frontage: the area between the curb of the vehicular lanes and the Frontage Line. Elements of the Public Frontage include the type of curb, walk, planter, street tree and streetlight. Rear Alley: a vehicular driveway located to the rear of lots providing access to service areas and parking, and containing utility easements. Alleys should be paved from building face to building face, with drainage by inverted crown at the center, or with roll curbs at the edges. Rear Lane: a vehicular driveway located to the rear of lots providing access to parking and outbuildings and containing utility easements. Rear lanes may be paved lightly to driveway standards. Rear lane streetscapes consist of gravel or landscaped edges, no raised curbs and is drained by percolation. Rearyard Building: a building that occupies the full frontage line, leaving the rear of the lot as the sole yard. This is a more urban type, as the continuous facade spatially defines the public street. For its residential function, this type yields a rowhouse. For its commercial function, the rear yard can

July 2008 Draft

Article VIII.31

Traditional Neighborhood Development District
accommodate substantial parking. Shared Parking Policy: an accounting for parking spaces that are available to more than one function. The requirement is reduced by a factor, shown as a calculation. The Shared Parking ratio varies according to multiple functions in close proximity, which are unlikely to require the spaces at the same time. Sideyard Building: a building which occupies one side of the lot with a setback to the other side. Sidewalk: the paved layer of the public frontage dedicated exclusively to pedestrian activity. Streetscape: the urban element that establishes the major part of the public realm. The streetscape is composed of streets (travel lanes for vehicles and bicycles, parking lanes for cars, and sidewalks or paths for pedestrians), as well as the visible private frontages (building facades and elevations, porches, yards, fences, awnings, etc.), and the amenities of the public frontages (street trees and plantings, benches, streetlights, etc.). Street screen, sometimes called Streetwall. A freestanding wall built along the frontage line, or coplanar with the facade, often for the purpose of masking a parking lot from the street. Street screens should be between three and one-half (3 ") and eight (8) feet in height and constructed of a material matching the adjacent building facade. The street screen may be a hedge or fence. Street screens shall have openings no larger than is necessary to allow automobile and pedestrian access. In addition, all street screens over four (4) feet high should be thirty percent (30%) permeable or articulated to avoid blank walls. Third Place: a private building that includes a space conducive to unstructured social gathering. Third Places are usually bars, cafés, and corner stores. Thoroughfare: a vehicular way incorporating moving lanes and parking lanes within a right-of-way. Transition Line: a horizontal line spanning the full width of a facade, expressed by a material change, or by a continuous horizontal articulation, such as a cornice or a balcony. Work-Live: a dwelling unit that contains a commercial component. A Work-Live Unit is a fee-simple unit on a lot with the commercial component anywhere within the unit. (See Live-Work.)

July 2008 Draft

Article VIII.32

Article IX Non-Conforming Buildings, Structures and Uses
The following provisions shall apply to all buildings, structures and uses existing on the effective day of this law which do not conform to the requirements set forth in this law. The following provisions shall also apply to all buildings and uses that may become non-conforming or non-complying by reason of any subsequent amendment to this Zoning Law and the Zoning District Map which is a part thereof, and to all complying buildings housing non-conforming uses.

A. Non-Conforming Uses.
Any lawful: (i) non-conforming building or structure; (ii) non-conforming use of any nonconforming building or structure; (iii) non-conforming use of conforming building or structure; or (iv) non-conforming use of land in existence on the effective date of this Zoning Law, may be continued indefinitely if maintained in accordance with all applicable codes, ordinances, regulations and other requirements, but: 1. Shall not be enlarged or extended, altered, reconstructed or restored, except as provided in this Article, or placed on a different portion of the lot or parcel of land occupied by such use on the effective date of this Zoning Law. 2. Shall not be moved to another location where such use would be non-conforming. 3. Shall not be changed to another non-conforming use without prior approval by the Board of Appeals and then only to a use which as determined by the Board of Appeals is of the same or a more restricted nature. If the Board of Appeals approves such changes, they shall conform, to the extent practicable to current design standards and are also subject to Site Plan approval by the Planning Board. 4. Shall not be re-established if such use has been discontinued for any reason, whether through vacancy or cessation of use, for a period of one (1) calendar year or longer, or has been changed to, or replaced by, a conforming use for any period of time, with the intent to resume a nonconforming use not conferring the right to do so. While a non-conforming use may not be extended, nothing contained herein shall prohibit the extension of a permitted use to any portion of a non-conforming building or structure, which existed prior to the effective date of this Zoning Law. Further, nothing contained herein shall prohibit the replacement of any mobile home or manufactured home legally existing in the Town of Rhinebeck at the time of adoption of this Zoning Law provided that the replacement structure is a manufactured home, as that term is defined in Article XIII of this law and is in full compliance with the requirements of the New York State Uniform Fire Prevention and Building Code and no existing non-conformities or non-compliances are increased. No non-conforming use shall, however, be extended to displace a presently conforming use.

B. Repair or Alteration of Non-Conforming Buildings or Structures.
Nothing contained in this Article shall be deemed to prevent normal repair and maintenance, or structural alteration or enlargement, of a non-conforming building or structure, provided such

Non-Conforming Buildings, Structures and Uses
action does not increase the degree of, or create any new, nonconformity with regard to setbacks, height, lot coverage, or other regulations set forth within the Zoning Law pertaining to buildings or structures. Any enlargement of a non-conforming building or structure shall require the approval of the Zoning Board of Appeals. In making its determination, the Board of Appeals shall apply the criteria for an area variance set forth in Article XI of this law. However, any enlargement of a nonconforming building or structure shall be limited to 125% of the area occupied by the building, or structure, at the time of the enactment of this Zoning Law. Further, any non-complying building or structure declared unsafe by the Zoning Enforcement Officer or other property authority may be restored to a property condition within the time period provided by such authority.

C. Restoration After Damage.
Nothing contained in this Article shall be deemed to prevent restoration of a lawful nonconforming use, building or structure, after damage for any reason or by any cause, provided that the bulk, height and area shall not be in excess of that which existed prior to damage; that all applicable New York State Uniform Fire Prevention and Building Code provisions be fully complied with; that other applicable Zoning requirements be complied with; and that the restoration be commenced within six (6) calendar months of the damage and be fully completed within two (2) calendar years of such occurrence.

D. Termination of Certain Uses and/or Structures.
Each of the non-conforming uses and/or structures specified below is deemed to be sufficiently objectionable and out of character in the zoning district to which such use is located as to depreciate the value of other property and uses permitted in the district and otherwise inhibit the proper, safe and orderly development of such district. Therefore, each such non-conforming use must be, and shall be terminated on or before the expiration of the specified period of time after the effective date of this Zoning Law. Said period of time is specified herein as one that is reasonable to permit the amortization of the remaining value, if any, of such use. 1. Any non-conforming or non-complying sign, accessory or non-accessory which include features as prohibited in Article V Section C(1) of this Zoning Law shall be subject to the provisions of Article V(C)19 of this Zoning Law. 2. Any non-conforming billboards lawfully existing on the date of the enactment of this Zoning Law shall be subject to the amortization provisions of Article V(C)20 of this Zoning Law. 3. Any sign, excluding billboards, which include such features as are prohibited in Article V, Section C(1) of this Zoning Law which were lawfully erected prior to June 26, 1989 will have non-conforming status. However, at the time such properties, or businesses, with nonconforming signs submit an application to the Planning Board for Site Plan approval and/or Special Permit approval, the applicant will be subject to compliance by the Planning Board with the provisions of Article V(C)1. 4. Any accessory sign existing on or after the effective date of this Zoning Law which advertises a business no longer conducted; product no longer available; or service no longer provided on the premises, shall be removed from the premises by the owner of the sign and/or premises

July 2008 Draft

IX.2

Non-Conforming Buildings, Structures and Uses
upon which the sign is located within ten (10) days after receipt of written notice from the Zoning Enforcement Officer to remove such obsolete sign. 5. Any non-conforming sign including supporting structure, unrelated to the activity on the site, except for off-premises directional signs, shall be removed not more than one (1) year from the effective date of this Zoning Law. 6. Any non-conforming automobile wrecking yard or other junk yard shall be discontinued not later than two (2) years from the effective date of this Zoning Law. 7. Any non-conforming outdoor lighting which does not contain features as provided in Article V(V) of this Zoning Law, shall be deemed to be non-conforming lighting. However, at the time the owner or lessee of the property having a non-conforming lighting submits an application to the Planning Board for Site Plan and/or Special Permit approval, the non-conforming lighting shall be subject to compliance with the provisions of Article V(V) of the Zoning Law.

E. Completion of Ongoing Construction.
Any construction, use or occupancy of any land, building or structure which has been lawfully commenced prior to the effective date of this Zoning Law, pursuant to a valid Special Use Permit, Site Plan Approval, Subdivision Approval, Variance, Operating Permit, Certificate of Use and/or Building Permit may be completed and used in accordance with the conditions of said approval and plans on file with the applicable Board, Code Enforcement Officer or Zoning Enforcement Officer, provided such construction and/or use is diligently pursued, and the building, structure or commencement of use of the land is completed within two calendar years of the adoption of this Zoning Law or within the time period specified in the applicable Approval and/or Building Permit, whichever is earlier.

F. Increase in Volume of Use.
Nothing herein shall prevent an increase in the volume of the Non-Conforming Use provided that the increase in volume is not a result of: (i) a change in the kind of use; (ii) the addition of structures, facilities or buildings within which the use is operated; or (iii) the alteration or enlargement of such structures, facilities or buildings.

G. Compliance with Environmental Performance Standards.
Notwithstanding provisions contained in this Article, all Non-Conforming Uses shall comply with the General Performance Standards set forth in Article V(A) of this Zoning Law, regardless as to whether the conduct of the use or use of the building or structure was in compliance with those General Performance Standards on the date of the enactment of this Zoning Law.

H. Application for Special Use Permit or Site Plan Review.
Any use, structure or building lawfully established prior to the enactment of the Zoning Law which is not prohibited by the provisions of this Zoning Law, but which requires the issuance of a Special Use Permit or Site Plan Approval, shall be deemed to be a Non-Conforming Use pursuant to this Chapter. In the event any such Non-Conforming Use, building or structure is changed in a manner

July 2008 Draft

IX.3

Non-Conforming Buildings, Structures and Uses
which requires the approval of the Zoning Board of Appeals pursuant to this Chapter, or any NonConforming Use, building or structure is altered, enlarged or expanded, or any site improvements are added to the site on which the Non-Conforming Use, building or structure is operated or maintained, Special Use Permit and/or Site Plan Approval shall be obtained for any such expansions, alteration, enlargement and/or addition. During the course of such Special Permit and/or Site Plan approval process, the Planning Board shall have the power to require such changes, modifications and/or alterations in the Non-Conforming use, building and/or structure which it determines are necessary to mitigate environmental impacts of the use, building and/or structure identified during the SEQRA Review of the application, or to mitigate any adverse impacts upon neighboring properties and the community.

July 2008 Draft

IX.4

ARTICLE X. Administration and Enforcement of the Zoning Law and New York State Uniform Fire Prevention and Building Code
A. Purpose and Intent.
This Article provides for the administration and enforcement of this Zoning Law and the New York State Uniform Fire Prevention and Building Code (the Uniform Code) and the State Energy Conservation Construction Code (the Energy Code) in the Town of Rhinebeck. This Article is adopted pursuant to Section 10 of the Municipal Home Rule Law. Except as otherwise provided in the Uniform Code, other state law or other Section of this Zoning Law, all buildings, structures, and premises, regardless of use or occupancy, are subject to the provisions this Article.

B. Definitions.
Unless otherwise expressly stated, the following terms shall have the meaning herein indicated. Article XVII also contains definitions of terms used in this Article: "Building" shall mean any building, structure, or portion thereof used for residential business or manufacturing purpose. "Building Permit" shall mean a permit issued pursuant to Article X, Section E of this Zoning Law. The term "Building Permit" shall also include a Building Permit which is renewed, amended or extended pursuant to any provision of this Zoning Law. "Certificate of Occupancy" shall mean a certificate issued pursuant to Article X, Section H of this Zoning Law. “Certificate of Use” shall mean a certificate issued pursuant to Article X, Section I of this Zoning Law. "Code Enforcement Officer" shall mean the Code Enforcement Officer appointed pursuant to Article X, Section C of this Zoning Law. "Code Enforcement Personnel" shall include the Code Enforcement Officer and all Inspectors. "Compliance Order" shall mean an order issued by the Code Enforcement Officer pursuant to Article X, Section G of this Zoning Law. "Energy Code" shall mean the State Energy Conservation Construction Code, as currently in effect and as hereafter amended from time to time. "Inspector" shall mean an inspector appointed pursuant to Article X, Section C of this Zoning Law. "Operating Permit" shall mean a permit issued pursuant to Article X, Section M of this Zoning Law. The term "Operating Permit" shall also include an Operating Permit which is renewed, amended or extended pursuant to any provision of this Zoning Law. "Permit Holder" shall mean the Person to whom a Building Permit has been issued. "Person" shall include an individual, corporation, limited liability company, partnership,

Administration and Enforcement
limited partnership, business trust, estate, trust, association, or any other legal or commercial entity of any kind or description. "Stop Work Order" shall mean an order issued pursuant to Article X, Section G of this Zoning Law. "Temporary Certificate" shall mean a certificate issued pursuant to Article X, Section H of this Zoning Law. "Town" shall mean the Town of Rhinebeck. "Uniform Code" shall mean the New York State Uniform Fire Prevention and Building Code, as currently in effect and as hereafter amended from time to time. "Zoning Enforcement Officer" shall be the Zoning Enforcement Officer appointed pursuant to Article X, Section D of this Zoning Law.

C. Code Enforcement Officer and Inspectors.
1. The office of Code Enforcement Officer is hereby created. The Code Enforcement Officer shall administer and enforce all the provisions of the Uniform Code, and Energy Code. The Code Enforcement Officer shall have the following powers and duties:
a. To receive, review, and approve or disapprove applications for Building Permits, Certificates

of Use, Temporary Certificates and Operating Permits, and the plans, specifications and construction documents submitted with such applications;
b.

Upon approval of such applications, to issue Building Permits, Certificates of Occupancy, Temporary Certificates and Operating Permits, and to include in Building Permits, Certificates of Occupancy, Temporary Certificates and Operating Permits such terms and conditions as the Code Enforcement Officer may determine to be appropriate;

c. To conduct construction inspections; inspections to be made prior to the issuance of Certificates of Occupancy; Temporary Certificates and Operating Permits; fire safety and property maintenance inspections; inspections incidental to the investigation of complaints and all other inspections required or permitted under any provision of this Zoning Law; d. To issue Stop Work Orders and/or Compliance Orders; e. To review and investigate complaints; f. To issue orders pursuant to Article X Section R ("Violations");

g. To maintain records; h. To collect fees as set by the Town Board; i. j. To pursue administrative enforcement actions and proceedings and/or criminal proceedings to enforce provisions of the Uniform Code and/or Energy Code; In consultation with the Town Attorney, to pursue such legal actions and proceedings as may be necessary to enforce the Uniform Code or the Energy Code, or to abate or correct conditions not in compliance with the Uniform Code or the Energy Code;

k. To issue Certificates of Compliance in accordance with §1702.1 of the Uniform Code; and

July 2008 Draft

Article X.2

Administration and Enforcement
l. To exercise all other powers and fulfill all other duties conferred upon the Code Enforcement Officer by this Zoning Law.

2. The Code Enforcement Officer shall be appointed by the Town Board. The Code Enforcement Officer shall possess background experience related to building construction or fire prevention and shall, within the time prescribed by law, obtain such basic training, in-service training, advanced in-service training and other training as the State of New York shall require for code enforcement personnel. The Code Enforcement Officer shall obtain certification from the State Fire Administrator pursuant to the Executive Law and the regulations promulgated thereunder. 3. In the event that the Code Enforcement Officer is unable to serve as such for any reason, an individual shall be appointed by the Town Board to serve as Acting Code Enforcement Officer. The Acting Code Enforcement Officer shall, during the term of his or her appointment, exercise all powers and fulfill all duties conferred upon the Code Enforcement Officer by this Zoning Law. 4. One or more Inspectors may be appointed by the Town Board to act under the supervision and direction of the Code Enforcement Officer and to assist the Code Enforcement Officer in the exercise of the powers and fulfillment of the duties conferred upon the Code Enforcement Officer by this Zoning Law. Each Inspector shall, within the time prescribed by law, obtain such basic training, in- service training, advanced in-service training and other training as the State of New York shall require for code enforcement personnel, and each Inspector shall obtain certification from the State Fire Administrator pursuant to the Executive Law and the regulations promulgated thereunder. 5. The compensation for the Code Enforcement Officer and Inspectors shall be fixed from time to time by the Town Board of this Town.

D. Zoning Enforcement Officer.
1. The office of Zoning Enforcement Officer is hereby created. The Zoning Enforcement Officer (ZEO) shall administer and enforce all provisions of this Zoning Law. The Zoning Enforcement Officer shall have the following powers and duties:
a.

To receive and review all applications for Special Use Permits, Site Plan Approval and subdivisons pursuant to the provisions of this Zoning Law. In the event that the Zoning Enforcement Officer determines that the application meets all of the requirements of the Zoning Law, the application shall be forwarded by the ZEO to the Planning Board for further review in accordance with the provisions of the Zoning Law and/or Subdivision Regulations. In the event the ZEO finds that the application does not comply in one or more respects with the provisions of the Zoning Law, the application shall be denied by the ZEO, with leave to appeal the ZEO's determination to the Zoning Board of Appeals in accordance with the provisions of Article XI of this Zoning Law. Upon approval of any application for a Special Use Permit, Site Plan Approval or for any other change in use requiring the issuance of a Building Permit, the ZEO shall issue a Certificate of Use verifying that the use complies with the provisions of the Zoning Law, and the requirements and conditions imposed by the Planning Board.

b.

June 2008 Draft

Article X.3

Administration and Enforcement
c.

To conduct inspections prior to the issuance of a Certificate of Use and inspections incidental to the investigation of complaints and all other inspections required or permitted under any provision of this Zoning Law. To issue Stop Work Orders, Notices of Violations and/or Compliance Orders. To review and investigate complaints. To review all applications for Building Permits for compliance with the provisions of the Zoning Law. To issue orders pursuant to Article X, Section R ("Violations"). To maintain records. To collect fees set by the Town Board. To pursue administrative and criminal enforcement actions and proceedings and/or criminal proceedings to enforce the provisions of this Zoning Law. Consultation with the Town Attorney to pursue such legal actions and proceedings as may be necessary to enforce the provisions of the Zoning law. To exercise all other powers and fulfill all other duties conferred upon the Zoning Enforcement Officer by this Zoning Law.

d. e. f. g. h. i. j. k. l.

2. The Zoning Enforcement Officer shall be appointed by the Town Board. The Zoning Enforcement Officer shall possess background and experience relating to the enforcement, interpretation, application and enforcement of Zoning Laws which shall, within the time period prescribed by law, obtain such basic training, in service training, advanced in service training and other training as the State of New York and/or the Town shall require for Zoning Enforcement personnel. 3. In the event the ZEO is unable to serve as such for any reason, an individual shall be appointed by the Town Board to serve as Acting Zoning Enforcement Officer. The Acting Zoning Enforcement Officer shall, during the term of his or her appointment, exercise all powers and fulfill all duties conferred upon the ZEO by this Zoning Law. 4. Compensation of the Zoning Enforcement Officer shall be fixed from time to time by the Town Board. 5. For purposes of this Zoning Law, and Dutchess County Civil Service Requirements, the Office of Zoning Enforcement Officer shall be synonymous with Zoning Administrator.

E. Building Permits.
1. Building Permits Required. Except as otherwise provided in Article X, Section E(2) of this Section, a Building Permit shall be required for any work which must conform to the Uniform Code and/or the Energy Code, including, but not limited to, the construction, enlargement, alteration, improvement, removal, relocation or demolition of any building or structure or any portion thereof; and the installation of a solid fuel burning heating appliance, chimney or flue in any dwelling unit. No Person shall commence any work for which a

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Administration and Enforcement
Building Permit is required without first having obtained a Building Permit from the Code Enforcement Officer, 2. Exemptions. No Building Permit shall be required for work in any of the following categories:
a.

Construction or installation of one story detached structures associated with one-or twofamily dwellings or multiple single-family dwellings (townhouses) which are used for tool and storage sheds, playhouses or similar uses, provided the gross floor area does not exceed 144 square feet; Installation of swings and other playground equipment associated with a one- or two-family dwelling or multiple single-family dwellings (townhouses); Installation of swimming pools associated with a one- or two-family dwelling or multiple single-family dwellings (townhouses) where such pools are designed for a water depth of less than 24 inches and are installed entirely above ground; Construction of retaining walls unless such walls support a surcharge or impound Class 1, H or h A liquids; Construction of temporary motion picture, television and theater stage sets and scenery; Installation of window awnings supported by an exterior wall of a one- or two-family dwelling or multiple single-family dwellings (townhouses); Installation of partitions or movable cases less than 5'-9" in height; Painting, wallpapering, tiling, carpeting, or other similar finish work; Installation of listed portable electrical, plumbing, heating, ventilation or cooling equipment or appliances; Replacement of any equipment provided the replacement does not alter the equipment's listing or render it inconsistent with the equipment's original specifications; or Repairs, provided that such repairs do not involve: (1) The removal or cutting away of a loadbearing wall, partition, or portion thereof, or of any structural beam or load bearing component; (2) The removal or change of any required means of egress, or the rearrangement of parts of a structure in a manner which affects egress; (3) The enlargement, alteration, replacement or relocation of any building system; or (4) The removal from service of all or part of a fire protection system for any period of time.

b. c.

d. e. f. g. h. i. j. k.

3. Exemption not deemed authorization to perform non-compliant work. The exemption from the requirement to obtain a building permit for work in any category set forth in Article X, Section E(2) of this Section shall not be deemed an authorization for work to be performed in violation of the Uniform Code or the Energy Code. 4. Applications for Building Permits. Applications for a Building Permit shall be made in writing on a form provided by or otherwise acceptable to the Code Enforcement Officer. The application shall, be signed by the owner of the property where the work is to be performed or

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Article X.5

Administration and Enforcement
an authorized agent of the owner. The application shall include such information as the Code Enforcement Officer deems sufficient to permit a determination by the Code Enforcement Officer that the intended work complies with all applicable requirements of the Uniform Code and the Energy Code. The application shall include or be accompanied by the following information and documentation:
a. b. c. d. e.

A description of the proposed work; The tax map number and the street address of the premises where the work is to be performed; The occupancy classification of any affected building or structure; Where applicable, a statement of special inspections prepared in accordance with the provisions of the Uniform Code; and At least 2 sets of construction documents (drawings and/or specifications) which: i. Define the scope of the proposed work;

ii. Are prepared by a New York State registered architect or licensed professional engineer where so required by the Education Law; iii. Indicate with sufficient clarity and detail the nature and extent of the work proposed; iv. Substantiate that the proposed work will comply with the Uniform Code and the Energy Code; and v. Where applicable, include a Site Plan that shows any existing and proposed buildings and structures on the site, the location of any existing or proposed well or septic system, the location of the intended work, and the distances between the buildings and structures and the lot lines. 5. Construction documents. Construction documents will not be accepted as part of an application for a Building Permit unless they satisfy the requirements set forth in paragraph (4) of subdivision (e) of this Section. Construction documents which are accepted as part of the application for a Building Permit shall be marked as accepted by the Code Enforcement Officer in writing or by stamp. One set of the accepted construction documents shall be retained by the Code Enforcement Officer, and one set of the accepted construction documents shall be returned to the applicant to be kept at the work site so as to be available for use by the Code Enforcement Personnel. However, the return of a set of accepted construction documents to the applicant shall not be construed as authorization to commence work, nor as an indication that a Building Permit will be issued. Work shall not be commenced until and unless a Building Permit is issued. 6. Issuance of Building Permits. An application for a Building Permit shall be examined to ascertain whether the proposed work is in compliance with the applicable requirements of the Uniform Code and Energy Code. The application shall also be reviewed by the Zoning Enforcement Officer for compliance with the provisions of the Zoning Law. The Code Enforcement Officer shall issue a Building Permit if the proposed work is in compliance with the applicable requirements of the Uniform Code and Energy Code.

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Administration and Enforcement
7. Building Permits to be displayed. Building permits shall be visibly displayed at the work site and shall remain visible until the authorized work has been completed. 8. Work to be in accordance with construction documents. All work shall be performed in accordance with the construction documents which were submitted with and accepted as part of the application for the Building Permit. The Building Permit shall contain such a directive. The Permit Holder shall immediately notify the Code Enforcement Officer of any change occurring during the course of the work. The Building Permit shall contain such a directive. If the Code Enforcement Officer determines that such change warrants a new or amended Building Permit, such change shall not be made until and unless a new or amended Building Permit reflecting such change is issued. 9. Time limits. Building Permits shall become invalid unless the authorized work is commenced within one (1) year following the date of issuance. Building Permits shall expire one (1) year after the date of issuance. A Building Permit which has become invalid or which has expired pursuant to this subdivision may be renewed upon application by the Permit Holder, payment of the applicable fee, and approval of the application by the Code Enforcement Officer. 10. Revocation or suspension of Building Permits. If the Code Enforcement Officer determines that a Building Permit was issued in error because of incorrect, inaccurate or incomplete information, or that the work for which a Building Permit was issued violates the Uniform Code or the Energy Code, the Code Enforcement Officer shall revoke the Building Permit or suspend the Building Permit until such time as the Permit Holder demonstrates that:
a. b.

All work then completed is in compliance with all applicable provisions of the Uniform Code and the Energy Code; and All work then proposed to be performed shall be in compliance with all applicable provisions of the Uniform Code and the Energy Code.

11. Fee. The fee specified in or determined in accordance with the provisions set forth in the Fee Schedule adopted by the Town Board must be paid at the time of submission of an application for a Building Permit, for an amended Building Permit, or for renewal of a Building Permit.

F. Construction Inspections.
1. Work to remain accessible and exposed. Work shall remain accessible and exposed until inspected and accepted by the Code Enforcement Officer or by an Inspector authorized by the Code Enforcement Officer. The Permit Holder shall notify the Code Enforcement Officer when any element of work described in subdivision (2) of this Section is ready for inspection. 2. Elements of work to be inspected. The following elements of the construction process shall be inspected, where applicable:
a. b. c. d.

Work site prior to the issuance of a Building Permit; Footing and foundation; Preparation for concrete slab; Framing;

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Administration and Enforcement
e. f. g. h. i. j.

Building systems, including underground and rough-in; Fire resistant construction; Fire resistant penetrations; Solid fuel burning heating appliances, chimneys, flues or gas vents; Energy Code compliance; and A final inspection after all work authorized by the Building Permit has been completed.

3. Inspection results. After inspection, the work or a portion thereof shall be noted as satisfactory as completed, or the Permit Holder shall be notified as to where the work fails to comply with the Uniform Code or Energy Code. Work not in compliance with any applicable provision of the Uniform Code or Energy Code shall remain exposed until such work shall have been brought into compliance with all applicable provisions of the Uniform Code and the Energy Code, re-inspected, and found satisfactory as completed. 4. Fee. The fee specified in or determined in accordance with the provisions set forth in the Town’s Fee Schedule must be paid prior to or at the time of each inspection performed pursuant to this Section.

G. Stop Work Orders.
1. Authority to issue. The Code Enforcement Officer and Zoning Enforcement Officer are authorized to issue Stop Work Orders pursuant to this Section.
a.

Any work that is determined by the Code Enforcement Officer to be contrary to any applicable provision of the Uniform Code, or Energy Code, without regard to whether such work is or is not work for which a Building Permit is required, and without regard to whether a Building Permit has or has not been issued for such work; or Any work that is being conducted in a dangerous or unsafe manner in the opinion of the Code Enforcement Officer or Zoning Enforcement Officer, without regard to whether such work is or is not work for which a Building Permit is required, and without regard to whether a Building Permit has or has not been issued for such work; or Any work for which a Building Permit is required which is being performed without the required Building Permit, or under a Building Permit that has become invalid, has expired, or has been suspended or revoked. Any work that is determined by the Zoning Enforcement Officer to be conducted in violation of the Zoning Law, including, but not limited to, work conducted on land, a building or structure for which a Special Use Permit and/or Site Plan Approval is required but has not been obtained.

b.

c.

d.

2. Content of Stop Work Orders. Stop Work Orders shall:
a. b. c.

Be in writing; Be dated and signed by issuing Officer; State the reason or reasons for issuance; and

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Administration and Enforcement
d.

If applicable, state the conditions which must be satisfied before work will be permitted to resume.

3. Service of Stop Work Orders. The Code Enforcement Officer or ZEO shall cause the Stop Work Order, or a copy thereof, to be served on the owner of the affected property (and, if the owner is not the Permit Holder, on the Permit Holder) personally or by registered or certified mail. The Code Enforcement Officer or ZEO shall be permitted, but not required, to cause the Stop Work Order, or a copy thereof, to be served on any builder, architect, tenant, contractor, subcontractor, construction superintendent, or their agents, or any other Person taking part or assisting in work affected by the Stop Work Order, personally or by registered or certified mail; provided, however, that failure to serve any Person mentioned in this sentence shall not affect the efficacy of the Stop Work Order. 4. Effect of Stop Work Order. Upon the issuance of a Stop Work Order, the owner of the affected property, the Permit Holder and any other Person performing, taking part in or assisting in the work shall immediately cease all work which is the subject of the Stop Work Order. 5. Remedy not exclusive. The issuance of a Stop Work Order shall not be the exclusive remedy available to address any event described in Article X, Section G(1)(a) of this Section, and the authority to issue a Stop Work Order shall be in addition to, and not in substitution for or limitation of, the right and authority to pursue any other remedy or impose any other penalty under Article X, Section R (Violations) of this Zoning Law or under any other applicable Zoning Law or State law. Any such other remedy or penalty may be pursued at any time, whether prior to, at the time of, or after the issuance of a Stop Work Order,

H. Certificates of Occupancy.
1. Certificates of Occupancy Required. A Certificate of Occupancy shall be required for any work which is the subject of a Building Permit and for all structures, buildings, or portions thereof, which are converted from one use or occupancy classification or sub-classification to another. Permission to use or occupy a building or structure, or portion thereof for which a Building Permit was previously issued shall be granted only by issuance of a Certificate of Occupancy. 2. Issuance of Certificates of Occupancy. The Code Enforcement Officer shall issue a Certificate of Occupancy if the work which was the subject of the Building Permit was completed in accordance with all applicable provisions of the Uniform Code and Energy Code and, if applicable, that the structure, building or portion thereof that was converted from one use or occupancy classification or sub-classification to another complies with all applicable provisions of the Uniform Code and Energy Code. The Code Enforcement Officer or an Inspector authorized by the Code Enforcement Officer shall inspect the building, structure or work prior to the issuance of a Certificate of Occupancy. In addition, where applicable, the following documents, prepared in accordance with the provisions of the Uniform Code by such person or persons as may be designated by or otherwise acceptable to the Code Enforcement Officer, at the expense of the applicant for the Certificate of Occupancy, shall be provided to the Code Enforcement Officer prior to the issuance of the Certificate of Occupancy:

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Administration and Enforcement
a. b.

A written statement of structural observations and/or a final report of special inspections; and Flood hazard certifications.

3. Contents of Certificates of Occupancy. A Certificate of Occupancy shall contain the following information:
a. b. c. d. e. f. g. h. i. j.

The Building Permit number, if any; The date of issuance of the Building Permit, if any; The name, address and tax map number of the property; If the Certificate of Occupancy is not applicable to an entire structure, a description of that portion of the structure for which the Certificate of Occupancy is issued; The use and occupancy classification of the structure; The type of construction of the structure; The assembly occupant load of the structure, if any; If an automatic sprinkler system is provided, a notation as to whether the sprinkler system is required; Any special conditions imposed in connection with the issuance of the Permit; and The signature of the Code Enforcement Officer issuing the Certificate of Occupancy and the date of issuance.

4. Temporary Certificate. The Code Enforcement Officer shall be permitted to issue a Temporary Certificate allowing the temporary occupancy of a building or structure, or a portion thereof, prior to completion of the work which is the subject of a Building Permit. However, in no event shall the Code Enforcement Officer issue a Temporary Certificate unless the Code Enforcement Officer determines:
a. b. c.

That the building or structure, or the portion thereof covered by the Temporary Certificate, may be occupied safely; That any fire- and smoke-detecting or fire protection equipment which has been installed is operational; That all required means of egress from the building or structure have been provided. The Code Enforcement Officer may include in a Temporary Certificate such terms and conditions as he or she deems necessary or appropriate to ensure safety or to further the purposes and intent of the Uniform Code. A Temporary Certificate shall be effective for a period of time, not to exceed six (6) months, which shall be determined by the Code Enforcement Officer and specified in the Temporary Certificate. During the specified period of effectiveness of the Temporary Certificate, the Permit Holder shall undertake to bring the building or structure into full compliance with all applicable provisions of the Uniform Code and the Energy Code.

5. Revocation or suspension of certificates. If the Code Enforcement Officer determines that a Certificate of Occupancy or a Temporary Certificate was issued in error because of incorrect,

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Administration and Enforcement
inaccurate or incomplete information, and if the relevant deficiencies are not corrected to the satisfaction of the Code Enforcement Officer within such period of time as shall be specified by the Code Enforcement Officer, the Code Enforcement Officer shall revoke or suspend such Certificate. 6. Fee. The fee specified in or determined in accordance with the provisions set forth in the Town’s Fee Schedule must be paid at the time of submission of an application for a Certificate of Occupancy or for Temporary Certificate.

I. Certificate of Use.
1. Certificate of Use Required. A Certificate of Use shall be required for any change of use or institution of new use for which a Building Permit is required, and for any use, building or structure for which a Special Use Permit and/or Site Plan Approval has been issued by the Planning Board. A Certificate of Use shall also be required for any structure or building, or portion thereof, for which a Certificate of Occupancy is required under this Chapter. 2. Issuance of Certificate of Use. The Zoning Enforcement Officer shall issue a Certificate of Use if he or she has determined: (i) all work has been completed in accordance with the Building Permit and the Code Enforcement Officer has determined that a Certificate of Occupancy will be issued; (ii) the use of the land, building and structure and/or the building or structure complies with the provisions of the Zoning Law; (iii) the applicant has complied with all conditions imposed by the Planning Board; has completed all of the infrastructure and site improvements required by the Planning Board approval; and has posted the requisite security for the completion of those improvements, as required by the Planning Board and the Town Board. The Zoning Enforcement Officer shall inspect the land, building or structure prior to the issuance of the Certificate of Use. Prior to the issuance of the Certificate of Use, the applicant shall provide a written statement to the Zoning Enforcement Officer of the applicant's intended use of the land, building and/or structure. 3. Contents of Certificates of Use. A Certificate of Use shall contain the following information:
a. b. c. d.

The Building Permit number, if any. The date of the issuance of the Building Permit and/or Certificate of Occupancy. The name, address and tax map number of the property. If the Certificate of Use is not applicable to an entire building, structure or land, a description of that portion of the building, structure or land for which the Certificate of Use is issued. Approved use and occupancy classification of the land, building and/or structure. Any special conditions imposed by the ZEO with the issuance of the Zoning Permit. The signature of the ZEO issuing the Certificate of Use, and the date of issuance.

e. f. g.

4. Temporary Certificate of Use. The Zoning Enforcement Officer shall be permitted to issue a Temporary Certificate of Use allowing the temporary use of the land, building or structure, or portion thereof, prior to completion of all work and satisfaction of conditions imposed by the applicable Board. However, in no event shall the ZEO issue a Temporary Certificate of Use

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Administration and Enforcement
unless the ZEO determines the land, building or structure, or portion thereof, covered by the Temporary Certificate may be used or occupied safely, and shall not cause harm to neighboring property owners. 5. Revocation or Suspension of Certificate of Use. If the ZEO determines that a Certificate of Use or Temporary Certificate was issued in error because of incorrect, inaccurate or incomplete information, and if the relevant deficiencies are not corrected to the satisfaction of the ZEO within such period of time shall bespecified by the ZEO, the ZEO shall revoke or suspend such Certificate. 6. Fee. The fee specified or determined in accordance with the Town’s Fee Schedule must be paid at the time of the submission of an application for a Certificate of Use or Temporary Certificate.

J. Filing of Administration Decision at Time of Appeal.
1. Each Building Permit, Certificate of Occupancy, Notice of Violation, Compliance Order, Operating Permit, Op Work Order, Temporary Certificate, Order, Requirement, Decision, Interpretation or Determination of the Code Enforcement Officer or ZEO (hereinafter referred to collectively as “Order”) shall be filed in the Office of such official within five business days from the date it is rendered and shall be a public record. 2. An appeal to the Zoning Board of Appeals shall be taken within sixty days after the filing of any such Order by filing with the official a Notice of Appeal specifying the grounds thereon and the relief sought. The official from whom the appeal is taken shall, forthwith, transmit to the Zoning Board of Appeals all of the papers constituting the record upon which the action appealed from was taken. 3. An appeal shall stay all proceedings in furtherance of the action appealed from unless the official from whom the appeal is taken certifies to the ZBA, after the Notice of Appeal shall have been filed with the official, that by reason of facts stated in the Certificate, a stay would in his or her opinion cause imminent peril to life or property, in which case proceedings shall not be stayed otherwise then by a restraining order which may be granted by the ZBA or by a Court of record on application, on notice to the official from whom the appeal is taken, and on due cause shown.

K. Notification Regarding Fire or Explosion.
The chief of any fire department providing fire fighting services for a property within this Town shall promptly notify the Code Enforcement Officer and ZEO of any fire or explosion involving any structural damage, fuel burning appliance, chimney or gas vent.

L. Unsafe Buildings and Structures.
Unsafe structures and equipment in this Town shall be identified and addressed in accordance with the following procedures:

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Article X.12

Administration and Enforcement
1. Investigation and Report. When the ZEO, in his/her own opinion, or upon receipt of information that a building: (1) is or may become dangerous or unsafe to the general public; (2) is open at the doorways and windows, making it accessible to and an object of attraction to minors under eighteen years of age, as well as to vagrants and other trespassers; (3) is or may become a place of rodent infestation; (4) presents any other danger to the health, safety, morals and general welfare of the public; or (5) is unfit for the purposes for which it may lawfully be used, he or she shall cause or make an inspection thereof and report in writing to the Town Board of the Town of Rhinebeck his/her findings and recommendations in regard to its repair or demolition and removal. 2. Town Board. The Town Board shall thereafter consider such report and by resolution determine if in its opinion the report so warrants that such building is unsafe and/or dangerous and order its repair if the same can be safely repaired or its demolition and removal, and further order that a notice be served upon the persons and in the manner provided herein. 3. Notice, Contents. The notice shall contain the following:
a. b. c. d.

A description of the premises; A statement of the particulars in which the building is unsafe or dangerous; An order outlining the manner in which the building is to be made safe and secure, or demolished and removed; A statement that the securing or removal of such building shall commence within 30 days of the service of the notice and shall be completed within 60 days thereafter, unless, for good cause shown, such time shall be extended; A date, time and place for a hearing before the Town Board in relation to such dangerous or unsafe building, which hearing shall be scheduled not less than five business days from the date of service of the notice; and A statement that in the event of neglect or refusal to comply with the order to secure or demolish and remove the building, the Town Board is authorized to provide for its demolition and removal, to assess all expenses thereof against the land on which it is located, and to institute a special proceeding to collect the costs of demolition, including legal expenses.

e.

f.

4. Service of Notice. The said notice shall be served (1) by personal service of a copy thereof upon the owner, executor, administrator, agent, lessee, or any person having a vested or contingent interest in such unsafe building as shown by the records of the Town Receiver of Taxes or Tax Collector or of the County Clerk; or if no such person can reasonably be found, by mailing such owner by registered mail a copy of such notice directed to his/her last known address as shown by the above records; and (2) by personal service of a copy of such notice upon any adult person residing or occupying said premises if such person can be reasonably found; and (3) by securely affixing a copy of such notice upon the unsafe building. A copy of the Notice served as provided herein shall be filed in the Office of the County Clerk of the County of Dutchess. 5. Refusal to Comply. In the event of the refusal or neglect of the person so notified to comply with the said order of the Town Board and after the hearing, the Town Board shall provide for

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Article X.13

Administration and Enforcement
the demolition and removal of such building or structure either by Town employees or by contract. Except in emergency as provided in Section 10 hereof, any contract for demolition and removal of a building in excess of $10,000 shall be awarded through competitive bidding. 6. Assessment of Expenses. All expenses incurred by the Town in connection with the proceedings to repair and secure, or demolish and remove the unsafe building, including the cost of actually removing such building, and all reasonable and necessary legal expenses incidental thereof, shall, at the option of the Town Board either: (i) Be assessed against the land on which such building is located and shall be levied and collected in the same manner as provided in the Town Law for the levy and collection of a special ad valorem levy, or (ii) Be collected by commencement of a special proceeding against the owner of said unsafe or dangerous building or structure pursuant to General Municipal Law §78-b. 7. Emergency Cases. Where it reasonably appears that there is present a clear and imminent danger to life, safety or health of any person or property, unless an unsafe building is immediately repaired and secured or demolished, the Town Board may by resolution authorize the Building Inspector to immediately cause the repair or demolition of such unsafe building. The expenses of such repair or demolition shall be a charge against the land on which it is located and shall be assessed, levied and collected as provided in Section 6 hereof.

M. Operating Permits.
1. Operating Permits required. Operating Permits shall be required for conducting the activities or using the categories of buildings listed below. Any person who proposes to undertake any activity or to operate any type of building listed in this subdivision (1) shall be required to obtain an Operating Permit prior to commencing such activity or operation.
a.

Manufacturing, storing or handling hazardous materials in quantities exceeding those listed in Tables 2703.1.1(1), 2703.1.1(2), 2703.1.1(3) or 2703.1.1(4) in the publication entitled "Fire Code of New York State" and incorporated by reference in 19 NYCRR Section 1225.1; Hazardous processes and activities, including but not limited to, commercial and industrial operations which produce combustible dust as a byproduct, fruit and crop ripening, and waste handling, however, this subsection is not intended to apply to “sound agricultural practices” as regulated by the New York State Department of Agriculture and Markets; Use of pyrotechnic devices in assembly occupancies; Buildings containing one or more areas of public assembly with an occupant load of 50 persons or more; Buildings whose use or occupancy classification may pose a substantial potential hazard to public safety, as determined by resolution adopted by the Town Board of this Town; and Tents and canopies.

b.

c. d. e. f.

2. Applications for Operating Permits. An application for an Operating Permit shall be in writing on a form provided by or otherwise acceptable to the Code Enforcement Officer. Such application shall include such information as the Code Enforcement Officer deems sufficient to permit a determination by the Code Enforcement Officer that quantities, materials, and

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Article X.14

Administration and Enforcement
activities conform to the requirements of the Uniform Code. If the Code Enforcement Officer determines that tests or reports are necessary to verify conformance, such tests or reports shall be performed or provided by such person or persons as may be designated by or otherwise acceptable to the Code Enforcement Officer, at the expense of the applicant. 3. Inspections. The Code Enforcement Officer or an Inspector authorized by the Code Enforcement Officer shall inspect the subject premises prior to the issuance of an Operating Permit. 4. Multiple Activities. In any circumstance in which more than one activity listed in subdivision (a) of this Section is to be conducted at a location, the Code Enforcement Officer may require a separate Operating Permit for each such activity, or the Code Enforcement Officer may, in his or her discretion, issue a single Operating Permit to apply to all such activities. 5. Duration of Operating Permits. Operating permits shall be issued for such period of time, not to exceed one year in the case of any Operating Permit issued for an area of public assembly and not to exceed three years in any other case, as shall be determined by the Code Enforcement Officer to be consistent with local conditions. The effective period of each Operating Permit shall be specified in the Operating Permit. An Operating Permit may be reissued or renewed upon application to the Code Enforcement Officer, payment of the applicable fee, and approval of such application by the Code Enforcement Officer. 6. Revocation or suspension of Operating Permits. If the Code Enforcement Officer determines that any activity or building for which an Operating Permit was issued does not comply with any applicable provision of the Uniform Code, such Operating Permit shall be revoked or suspended. 7. Fee. The fee specified in or determined in accordance with the provisions set forth in the Town’s Fee Schedule must be paid at the time submission of an application for an Operating Permit, for an amended Operating Permit, or for reissue or renewal of an Operating Permit.

N. Fire Safety and Property Maintenance Inspections.
1. Inspections required. Fire safety and property maintenance inspections of buildings and structures shall be performed by the Code Enforcement Officer or an Inspector designated by the Code Enforcement Officer at the following intervals:
a. b. c.

Fire safety and property maintenance inspections of buildings or structures which contain an area of public assembly shall be performed at least once every twelve (12) months. Fire safety and property maintenance inspections of buildings or structures being occupied as dormitories shall, be performed at least once every twelve (12) months. Fire safety and property maintenance inspections of all multiple dwellings not included in paragraphs (1) or (2) of this subdivision, and all non-residential buildings, structures, uses and occupancies not included in paragraphs (1) or (2) of this subdivision, shall be performed at least once every 24 months

2. Inspections permitted. In addition to the inspections required by subdivision (a) of this Section, a fire safety and property maintenance inspection of any building, structure, use, or

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Article X.15

Administration and Enforcement
occupancy, or of any dwelling unit, may also be performed by the Code Enforcement Officer or an Inspector designated by the Code Enforcement Officer at any time upon:
a. b.

The request of the owner of the property to be in that conditions or activities failing to comply with the Uniform Code or Energy Code exist; or Receipt by the Code Enforcement Officer of any other information, reasonably believed by the Code Enforcement Officer to be reliable, giving rise to reasonable cause to believe that conditions or activities failing to comply with the Uniform Code or Energy Code exist; provided, however, that nothing in this subdivision shall be construed as permitting an inspection under any circumstances under which a court order or warrant permitting such inspection is required, unless such court order or warrant shall have been obtained, OFPC Inspections. Nothing in this Section or in any other provision of this Zoning Law shall supersede, limit or impair the powers, duties and responsibilities of the New York State Office of Fire Prevention and Control ("OFPC") and the New York State Fire Administrator under Executive Law Section 156-e and Education Law Section 807-b.

c.

3. Fee. The fee specified in or determined in accordance with the provisions set forth in the Town’s Fee Schedule must be paid prior to or at the time each inspection performed pursuant to this Section. This subdivision shall not apply to inspections performed by OFPC.

O. Complaints.
The Code Enforcement Officer and ZEO shall review and investigate complaints which allege or assert the existence of conditions or activities that fail to comply with the Uniform Code, the Energy Code, this Zoning Law, or any other Law, ordinance or regulation adopted for administration and enforcement of the Uniform Code or the Energy Code. The process for responding to a complaint shall include such of the following steps as the officer may deem to be appropriate: 1. Performing an inspection of the conditions and/or activities alleged to be in violation, and documenting the results of such inspection; 2. If a violation is found to exist, providing the owner of the affected property and any other Person who may be responsible for the violation with notice of the violation and opportunity to abate, correct or cure the violation, or otherwise proceeding in the manner described in Article X, Section R (Violations) of this Zoning Law; 3. If appropriate, issuing a Stop Work Order and/or Compliance Order; 4. If a violation which was found to exist is abated or corrected, performing an inspection to ensure that the violation has been abated or corrected, preparing a final written report reflecting such abatement or correction, and filing such report with the complaint.

P. Record Keeping.
1. The Code Enforcement Officer and ZEO shall keep permanent official records of all transactions and activities conducted by the officer and Personnel, including records of:
a.

All applications received, reviewed and approved or denied;

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Administration and Enforcement
b. c. d. e. f. g. h. i.

All plans, specifications and construction documents approved; All Building Permits, Certificates of Occupancy, Temporary Certificates, Stop Work Orders, and Operating Permits and Certificates of Use issued; All inspections and tests performed; All statements and reports issued; All complaints received; All investigations conducted; All other features and activities specified in or contemplated by Article X of this Zoning Law; and All fees charged and collected.

2. All such records shall be public records open for public inspection during normal business hours. All plans and records pertaining to buildings or structures, or appurtenances thereto, shall be retained for at least the minimum time period so required by State law and regulation.

Q. Program Review and Reporting.
1. The Code Enforcement Officer and ZEO shall each annually submit to the Town Board of this Town a written report and summary of all business conducted by the officer, including a report and summary of all transactions and activities described in Section O (Record Keeping) of this Zoning Law and a report and summary of all appeals or litigation pending or concluded. 2. The Code Enforcement Officer shall annually submit to the Secretary of State, on behalf of this Town, on a form prescribed by the Secretary of State, a report of the activities of this Town relative to administration and enforcement of the Uniform Code. 3. The Code Enforcement Officer shall, upon request of the New York State Department of State, provide to the New York State Department of State, from the records and related materials this Town is required to maintain, excerpts, summaries, tabulations, statistics and other information and accounts of the activities of this Town in connection with administration and enforcement of the Uniform Code.

R. Violations.
1. Compliance Orders. The Code Enforcement Officer and ZEO are authorized to order in writing the remedying of any condition or activity found to exist in, on or about any building, structure, or premises in violation of the Uniform Code, the Energy Code, or this Zoning Law. Upon finding that any such condition or activity exists, the officer shall issue a Compliance Order. The Compliance Order shall: (1) be in writing; (2) be dated and signed by the Officer; (3) specify the condition or activity that violates the Uniform Code, the Energy Code, or this Zoning Law; (4) specify the provision or provisions of the Uniform Code, the Energy Code, or this Zoning Law which is/are violated by the specified condition or activity; (5) specify the period of time which the Officer deems to be reasonably necessary for achieving compliance; (6) direct that compliance be achieved within the specified period of time; and (7) state that an

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Article X.17

Administration and Enforcement
action or proceeding to compel compliance may be instituted if compliance is not achieved within the specified period of time. The Officer shall cause the Compliance Order, or a copy thereof to be served on the owner of the affected property personally or by registered or certified mail. The Officer shall be permitted, but not required, to cause the Compliance Order, or a copy thereof; to be served on any builder, architect, tenant, contractor, subcontractor, construction superintendent, or their agents, or any other Person taking part or assisting in work being performed at the affected property personally or by registered or certified mail; provided, however, that failure to serve any Person mentioned in this sentence shall not affect the efficacy of the Compliance Order. 2. Appearance Tickets. The Code Enforcement Officer and each Inspector and ZEO are authorized to issue appearance tickets for any violation of the Uniform Code or Zoning Law. 3. Civil Penalties. In addition to those penalties proscribed by State law, any Person who violates any provision of the Uniform Code, the Energy Code or this Zoning Law, or any term or condition of any Building Permit, Certificate of Occupancy, Certificate of Use, Temporary Certificate, Stop Work Order, Operating Permit or other notice or order issued by the Code Enforcement Officer pursuant to any provision of this Zoning Law, shall be liable to a civil penalty of not more than $200 for each day or part thereof during which such violation continues. The civil penalties provided by this subdivision shall be recoverable in an action instituted in the name of this Town. 4. Criminal Penalties and Enforcement. Any violation of the Uniform Code, Energy Code or Zoning Law is hereby declared to be an offense punishable by a fine not exceeding $350.00 or imprisonment for a period not to exceed six months, or both, for conviction of a first offense; upon conviction of a second offense, both of which were committed within a period of five years, punishable by a fine not less than $350.00, nor more than $700.00, or imprisonment for a period not to exceed six months, or both; and upon conviction of a third or subsequent offense, all of which were committed within a period of five years, punishable by a fine not less than $700.00, nor more than $1,000.00, or imprisonment for a period not to exceed six months, or both. For the purpose of conferring jurisdiction upon the Courts and judicial officers generally, violations of the Uniform Code, Energy Code or Zoning Law shall be deemed misdemeanors and for such purpose only, all provisions of law relating to misdemeanors shall apply to such violations. Each week’s continued violation shall constitute a separate additional violation. 5. Injunctive Relief. An action or proceeding may be instituted in the name of this Town, in a court of competent jurisdiction, to prevent, restrain, enjoin, correct, or abate any violation of, or to enforce, any provision of the Uniform Code, the Energy Code, this Zoning Law, or any term or condition of any Building Permit, Certificate of Occupancy, Certificate of Use, Temporary Certificate, Stop Work Order, Operating Permit, Compliance Order, or other notice or order issued by the Code Enforcement Officer or ZEO pursuant to any provision of this Zoning Law. In particular, but not by way of limitation, where the construction or use of a building or structure is in violation of any provision of the Uniform Code, the Energy Code, this Zoning Law, or any Stop Work Order, Compliance Order or other order obtained under the Uniform Code, the Energy Code or this Zoning Law, an action or proceeding may be commenced in the name of this Town, in the Supreme Court or in any other court having the requisite jurisdiction, to obtain an order directing the removal of the building or structure or

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Article X.18

Administration and Enforcement
an abatement of the condition in violation of such provisions. No action or proceeding described in this subdivision shall be commenced without the appropriate authorization from the Town Board of this Town. 6. Remedies Not Exclusive. No remedy or penalty specified in this Section shall be the exclusive remedy or remedy available to address any violation described in this Section, and each remedy or penalty specified in this Section shall be in addition to, and not in substitution for or limitation of, the other remedies or penalties specified in this Section, in Article X, Section G (Stop Work Orders) of this Zoning Law, in any other Section of this Zoning Law, or in any other applicable law. Any remedy or penalty specified in this Section may be pursued at any time, whether prior to, simultaneously with, or after the pursuit of any other remedy or penalty specified in this Section, in Section G (Stop Work Orders) of this Zoning Law, in any other Section of this Zoning Law, or in any other applicable law. In particular, but not by way of limitation, each remedy and penalty specified in this Section shall be in addition to, and not in substitution for or limitation of, the penalties specified in subdivision (2) of Section 381 of the Executive Law, and any remedy or penalty specified in this Section may be pursued at any time, whether prior to, simultaneously with, or after the pursuit of any penalty specified in subdivision (2) of Section 381 of the Executive Law.

S. Fees.
A fee schedule shall be established by resolution of the Town Board of this Town. Such fee schedule may thereafter be amended from time to time by like resolution. The fees set forth in, or determined in accordance with, such fee schedule or amended fee schedule shall be charged and collected for the submission of applications, the issuance of Building Permits, amended Building Permits, renewed Building Permits, Certificates of Occupancy, Certificate of Use, Temporary Certificates, Operating Permits, fire safety and property maintenance inspections, and other actions of the Code Enforcement Officer and ZEO described in or contemplated by this Zoning Law.

T. Intermunicipal Agreements.
The Town Board of this Town may, by resolution, authorize the Town Supervisor to enter into an agreement, in the name of this Town, with other governments to carry out the terms of this Zoning Law, provided that such agreement does not violate any provision of the Uniform Code, the Energy Code, Part 1203 of Title 19 of the NYCRR, or any other applicable law.

U. Reimbursement for Professional Services.
The Code Enforcement Officer or the Zoning Enforcement Officer may, in their discretion, employ the services of the Town Engineer, Consulting Engineer, Surveyor, the Town Attorney or other professional consultant to assist the officer in the performance of its duties pursuant to this Article. In that event, the property owner or permit holder shall be responsible for complying with the provision of Article XIV of this Zoning Law relating to the reimbursement to the Town for professional services and the establishment of an escrow account.

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Article X.19

Article XI. Zoning Board of Appeals
A. Creation, Appointment and Organization.
A Zoning Board of Appeals shall be maintained and shall operate in accordance with Sections 267 and 267-a, Article 16 of the New York State Town Law. Said board shall consist of five (5) members appointed by the Town Board for staggered terms of five (5) years. The Town Board shall annually designate the Chairman of the Board of Appeals, who shall serve at the pleasure of the Town Board. The Board of Appeals shall annually designate its Secretary. Said Board may prescribe reasonable rules, in addition to those provided herein, for the conduct of its affairs, subject to the approval of the Town Board. In the absence of a Chairman, the Board of Appeals may designate a member to serve as acting chairman. No person who is a member of the Town Board or Planning Board shall be eligible for membership on such Board of Appeals. In accordance with New York State Town Law, all Board of Appeals members shall complete a minimum of four hours of training per year, as a condition to reappointment to said Board, in a manner prescribed by the Town Board and shall also complete such other training and continuing education courses as may be prescribed by State laws, rules and regulations. The provisions set forth in Section 267 of the Town Law with regard to vacancies in office, removal of members, and alternate members are incorporated herein and shall apply to the Board of Appeals.

B. Powers and Duties.
The Zoning Board of Appeals shall have all the powers and duties prescribed by Section 267, Article 16 of the Town Law and by this Zoning Law, which are more particularly specified as follows: 1. Orders, Requirements, Decisions, Interpretations and Determinations. The Zoning Board of Appeals may reverse or affirm, wholly or partially, or may modify the order, requirement, decision, interpretation or decision appealed from and shall make such order, requirement, decision, interpretation or determination as in its opinion ought to have been made by the administrative official, i.e. the Zoning Enforcement Officer or Code Enforcement Officer, charged with the administration and enforcement of this Zoning Law, and to that end shall have all the power of the administrative official from whose order, requirement or decision the appeal is taken. 2. Use Variances. The Zoning Board of Appeals, upon appeal from the decision or determination of the Administrative Official, shall have the power to grant use variances, authorizing a use of land which otherwise would not be allowed or would be prohibited by the terms of this Zoning Law. No such use variance shall be granted by the Zoning Board of Appeals without a showing by the applicant that the applicable regulations and restrictions imposed by the Zoning Law have caused unnecessary hardship. In order to prove such unnecessary hardship, the applicant shall demonstrate to the Board of Appeals that for each and every permitted use under the Zoning Law for the particular district where the property is located: a. That the applicant cannot realize a reasonable return, provided that the lack of return is substantial as demonstrated by competent financial evidence;

Zoning Board of Appeals
b. That the alleged hardship relating to the property in question is unique, and does not apply to a substantial portion of the district or neighborhood; c. That the requested use variance, if granted, will not alter the essential character of the district or neighborhood; and d. That the alleged hardship has not been self-created. The Zoning Board of Appeals, in the granting of a use variance, shall grant the minimum variance that is deemed necessary and adequate to address the unnecessary hardship proved by the applicant, and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community. 3. Area Variances. The Zoning Board of Appeals, upon appeal from the decision or determination of the Code Enforcement Officer or Zoning Enforcement Officer shall have the power to grant area variances. In making its determination, the Zoning Board of Appeals shall take into consideration the benefit to the applicant if the area variance is granted, as weighed against the detriment to the health, safety and welfare of the neighborhood or community by such grant. In making such determination, the Board of Appeals shall also consider each of the following factors: a. Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the area variance. b. Whether the benefit sought by the applicant can be achieved by some other method feasible for the applicant to pursue other than an area variance. c. Whether the requested area variance is substantial. d. Whether the proposed area variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or zoning district. e. Whether the alleged difficulty was self-created, which consideration shall be relevant to the decision of the Board of Appeals, but shall not necessarily preclude the granting of the area variance. The Zoning Board of Appeals, in the granting of an area variance, shall grant the minimum variance that it shall deem necessary and adequate and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community.

4. Non-conforming Uses. To review any request for change of a non-conforming use, as required
by Article XIII this Zoning Law, and to determine whether the intended use is a similar or more restrictive use.

C. Procedure.
In its quasi-judicial role, the Zoning Board of Appeals shall act in strict accordance with the procedure specified by Section 267-a of the Town Law and this Zoning Law.

1. Meetings. Meetings shall be held at the call of the Chairman or at such other times as the
Zoning Board of Appeals may determine. A quorum shall consist of a simple majority, i.e. three (3) of the members, but in order to reverse a decision of the Zoning enforcement Officer

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XI.2

Zoning Board of Appeals
or authorize a variance, an affirmative vote of at least three (3) members shall be required. An affirmative vote of a majority plus one, i.e. at least four (4) members, shall also be required if the action taken by the Zoning Board of Appeals is contrary to an advisory recommendation received from the Dutchess County Department of Planning and Development under the provisions of Section 239 of the General Municipal Law. The Board shall keep accurate minutes of its proceedings documenting fully all findings and showing the vote of each member upon each question and shall keep records of its examination and other official actions. All meetings of the Board of Appeals shall be open to the public to the extent provided in Article 7 of the Public Officers Law.

2. Application and Fee. All appeals and applications made to the Zoning Board of Appeals shall
be in writing, on forms prescribed by the Board, within sixty (60) days of the filing of the decision, determination or order of the official appealed from, as set forth in Article XIV of this Zoning Law, and shall be accompanied by the applicable fee in accordance with the fee schedule annually reviewed and established by the Town Board. Every appeal or application shall refer to the specific provision of the Zoning Law or Uniform Code that is involved and shall precisely set forth either the interpretation that is claimed or the details of the variance or other relief that is applied for and the ground on which it is claimed that such variance or other relief should be granted. Each application shall also be accompanied by a short or full Environmental Assessment Form as required by the Board of Appeals pursuant to SEQR, Article 8 ECL and Title 6 Part 617 NYCRR.

3. Stays. An appeal shall stay all proceedings, in accordance with the provisions of Article XIV of
this Zoning Law.

4. Public Notice and Hearing. The Board of Appeals shall fix a reasonable time and place for a
public hearing on any such appeal or application. The appellant shall be given notice of the hearing date and of the fact that at such hearing he or she shall appear in person or be represented by attorney or other agent. Any other interested party may appear at such public hearing in person or be represented by attorney or other agent, or submit comments in writing for receipt prior to, or at the time of, the public hearing. The Board of Appeals shall

additionally provide notice as follows:
a. By publishing at least five (5) calendar days prior to the date thereof a legal notice in the official newspaper, or paper of general circulation in, the Town. b. In any application or appeal for a variance, by requiring that the Secretary of the Board of Appeals provide notice at least five (5) calendar days prior to the date thereof of the substance of every appeal for a variance together with a notice of the hearing thereon by certified mail to the owners of all property abutting, or directly opposite, that of the applicant and to all other owners within five hundred (500) feet or such additional distances as the Board of Appeals may deem advisable, of the application. Compliance with this notification procedure shall be certified to by the Secretary and the Town shall charge the applicant either a flat rate or a statement amount per notice for satisfying this requirement. c. The cost of any such notification shall be borne by the appealing party and paid to the Board prior to the hearing of such appeal. d. The names and addresses of owners notified shall be taken as such appeal on the last

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XI.3

Zoning Board of Appeals
completed tax roll of the Town. e. Provided that there has been substantial compliance with this provision, failure to give notice in exact conformance herewith shall not be deemed to invalidate an action taken by the Board of Appeals in either granting or denying a variance from a specific provision of this Zoning Law. f. If the land involved in the appeal lies within five hundred 500 feet of the boundary of any other municipality, the Secretary of the Board of Appeals shall also submit at least five (5) calendar days prior to the public hearing to the municipal clerk of such other municipality or municipalities a copy of the notice of the substance of every appeal, together with a copy of the official notice of such public hearing.

5. Required Referrals. A full statement of any appeal that meets the specific referral
requirements of Sections 239(l) and 239(m) of the General Municipal Law shall also be referred prior to the public hearing to the Regional State Park Commission having jurisdiction over any state park or parkway within five hundred (500) feet of the property affected by such appeal and to the Dutchess County Department of Planning and Development for its review. No action shall be taken by the Board of Appeals until an advisory recommendation has been received from said County Planning and Development Department or thirty (30) calendar days have elapsed since the Planning and Development Department received such full statement. In the event that the County Planning Board recommends disapproval of the requested variance or the attachments of conditions thereto within such time period or at a later date prior to final action by the Zoning Board of Appeals, the Board of Appeals shall not act contrary to such recommendation except by a vote of a majority plus one (1) of all the members after the adoption of a resolution fully setting forth the reasons for such contrary action. Within thirty (30) days after such final action, the Board of Appeals shall file a report of the final action it has taken with the County Planning Board.

6. Decisions. Every decision of the Zoning Board of Appeals on an appeal or request shall be
made within sixty-two (62) calendar days of the close of the hearing by the Board, shall be recorded in accordance with standard forms adopted by the Board and shall fully set forth the circumstances of the case and contain a full record of the findings on which the decision is based including record of compliance with the applicable provisions of SEQR, Article 8 ECL and Title 6 Part 617 NYCRR. Every decision shall be by resolution of the Board, with such decision being filed in the Office of the Town Clerk within five (5) business days thereof and a copy mailed to the applicant. The board shall also notify the Code Enforcement Officer and Zoning Enforcement Officer within five (5) business days of the decision, and shall additionally notify the Secretary of the Planning Board, and any affected municipality given notice of hearing of its decision in each case. If applicable, a report on the action taken shall also be filed within seven (7) calendar days thereof with the Dutchess County Department of Planning and Development.

7. Attachment of Conditions. The Zoning Board of Appeals shall, in the granting of both use
and area variances, have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to the proposed use of the property, or the period of such time such variance shall be in effect. Such conditions shall be consistent with the spirit and intent of this Zoning Law, and shall be imposed for the purpose of minimizing any adverse impact such variance may have on the neighborhood or community.

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XI.4

Zoning Board of Appeals 8. Expiration of Approval. Unless construction or use is diligently commenced within one (1)
calendar year from the date of the granting of a variance, such variance shall become null and void without further hearing or action by the Zoning Bard of Appeals.

9. Strict Construction. All provisions of this Zoning Law pertaining to the Zoning Board of
Appeals shall be strictly construed. The Board of Appeals shall act in full conformity with all provisions of law and of this Zoning Law and in strict compliance with all limitations contained therein, provided, however, that if the procedural requirements set forth in this Zoning Law have been substantially observed, no applicant or appellant shall be deemed deprived of the right of application or appeal.

D. Relief from Decisions.
Any person or persons jointly or severally aggrieved by any decision of the Zoning Board of Appeals may apply to the Supreme Court of the State of New York for relief through a proceeding under Article 78 of the Civil Practice Laws and Regulations of the State of New York. Such proceeding shall be governed by the specific provisions of Article 78, except that the action must be initiated as therein provided within thirty (30) calendar days after the filing of the Board's decision in the Office of the Town Clerk.

E. Rehearing.
A motion for the Board of Appeals to hold a hearing to review any order, decision or determination of the Board not previously reviewed may be made by any member of the Board. A unanimous vote of all members of the Board is required for such rehearing to occur. Such rehearing is subject to the same notice provisions as an original hearing. Upon such rehearing, the Board may reverse, modify or annul its original order, decision or determination upon the unanimous vote, provided that the Board finds that the rights vested in persons acting in good faith in reliance upon the reviewed order, decision or determination will not be prejudiced thereby.

F. Other Provisions of Town Law Section 267-a.
All other provisions of Section 267-a of the Town Law with regard to Zoning Board of Appeals procedure, not set forth herein, are incorporated herein by reference and shall apply to the Zoning Board of Appeals.

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XI.5

Article XII. Amendments
This Zoning Law, or any part thereof, including the Zoning District Map indicating the various district boundaries, may from time to time be amended, supplemented, changed, modified or repealed by the Town Board by Local Law pursuant to the provisions of Article 3 of the Municipal Home Rule Law.

A. Initiation.
An amendment to this Zoning Law may be initiated in one of four ways: 1. By the Town Board upon its own motion. 2. By resolution of the Planning Board, filed with the Town Clerk, wherein certain changes to, or repeal of certain provisions of, this Zoning Law are recommended. 3. By petition duly signed and acknowledged from the owners of fifty percent (50%) or more of the frontage in any zoning district or part thereof requesting an amendment, supplement or change in the regulations prescribed for such zoning district or part hereof, in regulations prescribed for such district or part thereof. 4. By application for a Floating District Approval.

B. Legislative Act.
Consideration of an amendment to this Zoning Law will be deemed to be a legislative act. Nothing herein shall require the Town Board to accept for consideration or adoption any application or petition for amendment, any amendment recommended by the Planning Board, or by petition or by application for a Zoning District Map amendment, including a Floating District. The determination by the Town Board to consider, enact or deny the proposed amendment shall be deemed to be a legislative act within the sole discretion of the Town Board.

C. Report of the Planning Board.
In the event the Town Board determines to process the application for an amendment initiated on its own motion, by petition or by application, the proposed amendment shall be referred to the Planning Board for a report and recommendation thereon. In undertaking such review, the Planning Board shall make inquiry and provide recommendation concerning the matters specified below: 1. Whether such change is consistent with the purposes embodied in this Zoning Law as applied to the particular zoning districts concerned. 2. Which areas and establishments in the Town will be directly affected by such change and in what way will they be affected. 3. Whether adequate public school facilities, other public services and other support facilities exist or can be created to serve the needs of any additional development that may occur as a result of such change. 4. The indirect implications of such change in its effect on other regulations. 5. Whether such proposed amendment is consistent with the underlying objectives of this Zoning

Zoning Law Amendments
Law. 6. Whether such proposed amendment is consistent with and furthers the goals and objectives of the Town of Rhinebeck Comprehensive Plan. 7. Whether the use(s) permitted by the proposed change would be appropriate in the area concerned. 8. Whether the proposed change is in accord with any existing or proposed plans in the vicinity. 9. The effect of the proposed amendment upon the growth of the Town as envisaged by the Town of Rhinebeck Comprehensive Plan. 10. Whether the proposed amendment is likely to result in an increase or decrease in the total zoned residential capacity of the Town and the probable effect thereof. The Planning Board shall submit its report within sixty (60) calendar days after receiving such referral from the Town Board. Failure of the Planning Board to report within the required time period shall be deemed to be a recommendation of approval of the proposed amendment. In the event the application for an amendment is initiated by the Planning Board, the Planning Board shall include in its Resolution, its report and recommendation in accordance with the provisions of this Article.

D. Town Board Procedure.
1. Public Notice and Hearing. The Town Board, by resolution adopted at a stated meeting, shall fix the time and place of a public hearing on the proposed amendment and cause notice thereof to be given as follows: a. By publishing a notice at least ten (10) calendar days prior to the time of such hearing in the official newspaper of the Town, specifying: i. The nature of the proposed amendment;

ii. The specific land or land use district affected; and iii. The date, time and place where the public hearing shall occur. b. By providing a copy of such notice of any proposed change or amendment affecting property within five hundred (500) feet of any other municipality personally or by mail to the Clerk of such municipality at least ten (10) calendar days prior to the date of such public hearing. c. By providing a copy of such notice of any proposed change or amendment affecting property within five hundred (500) feet of the boundary of a county personally or by mail to the Clerk of the Board of Supervisors or clerk or secretary of the County Executive or other person performing like duties at least ten (10) calendar days prior to the date of such public hearing. 2. Required Referral. The Town Board shall transmit a full statement of any proposed amendment, (whether a map amendment or a text amendment) that meets the referral requirements of Sections 239 (l) and 239 (m) of the General Municipal Law, to the Dutchess County Department of Planning and Development for its review and recommendation. No

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XII.2

Zoning Law Amendments
action shall be taken by the Town Board on such proposed amendment until a recommendation has been received from the Dutchess County Department of Planning and Development or thirty (30) calendar days have elapsed since said Department received such full statement. In the event that the Dutchess County Department of Planning and Development recommends modification thereof within such time period or at a later date prior to final action by the Town Board, the Town Board shall not act contrary to such recommendation except by the vote of a majority plus one (1) of all the members after the adoption of a resolution fully setting forth the reasons for such contrary action. Within thirty (30) calendar days after such final action, the Town Board shall file a report of the final action it has taken with the County Department of Planning and Development. 3. Compliance with SEQR. The Town Board, in its consideration of the amendment to the Zoning Law, shall be required to comply with the provisions of SEQR prior to adoption. 4. Town Board Action. The Town Board may approve any such proposed amendment by a majority vote of said Board, except that a favorable vote of at least four (4) members of the Town Board, i.e. a majority plus one, shall be required if: a. Action being taken is contrary to the advisory recommendation received from the Dutchess County Department of Planning and Development under the provisions of Section 239(l) or (m) of the General Municipal Law; or b. The provisions of Section 265(1) of the Town Law regarding written protests to proposed map or text amendments to the Zoning Law shall not apply to the Town of Rhinebeck. If the action taken is contrary to the advisory recommendation of the County Department of Planning and Development, a report on the action, setting forth the reasons for the contrary action, shall be filed within thirty (30) calendar days of the final action, with said Department. 5. Fee. Each petition or application to amend this Zoning Law shall be accompanied by a fee payable to the Town Clerk upon the filing thereof in an amount as determined by the Town’s Schedule of Fees. 6. Consultant's Fee. For any application for amendment initiated by petition or by application, the petitioner or the applicant, as the case may be, shall be required to comply with the provisions of Article XIV of this Zoning Law regarding reimbursement to the Town for professional consulting fees and the establishment of an escrow account.

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XII.3

Article XIII. Definitions
Except as defined herein, all words used in this Zoning Law shall carry their everyday dictionary definition. Words used in the present tense include the future; the singular number includes the plural and the plural number includes the singular; the word “lot” includes the word “plot” or “parcel” or “tract;” the word “structure” includes the word “building.” The term “occupied” or “used” as applied to any given building or land shall be construed to include “arranged,” “designed,” “constructed,” “altered,” “converted,” “rented,” “leased,” or “intended to be used or occupied.” Unless the context requires a different interpretation, any word denoting gender includes the female and the male. The word “shall” is mandatory and not optional. Unless otherwise expressly stated, the following terms shall, for the purposes of this Zoning Law, have the meaning herein indicated.

A. Terms Used Throughout This Zoning Law Defined:
ACCESSORY STRUCTURE. A structure or building, the use of which is clearly and customarily incidental and subordinate to that of the principal structure or building and which is attached thereto, or is located on the same lot or premises. Except for an “Accessory Dwelling Unit” approved under Articles VI and/or VII of this Zoning Law, “Accessory Structures” are not for the purpose of human habitation and may include such structures or buildings as garages, swimming pools, tennis courts, garden or tool sheds, barns, studios, greenhouses, and playhouses, and such elements as satellite dish antennae, and solar and wind energy systems. ACCESSORY USE. A use, occupancy or tenancy which is clearly and customarily incidental and subordinate to the principal use, occupancy, or tenancy, and located on the same lot or premises. Except for uses accessory to a dwelling unit, any use which is accessory to a Special Permit Use shall also require a Special Use Permit. Any use which is accessory to a permitted use shall be considered a permitted use. ADDITION. Extension or increase in area or height of a building. ADULT USE, PASSIVE. See “Passive Adult Use.” AGRICULTURE. Any activity connected with the raising of crops, livestock or production of livestock products, including but not limited to. field crops, fruits, vegetables, horticultural specialties; livestock and livestock products; maple sap; Christmas trees; aquaculture products; and woody bio-mass. This shall encompass any activity or use now permitted by law, engaged in by or on behalf of a farmer in connection with farming including, but not limited to. housing for farm workers; stables and other tourist activities; the collection, transportation, distribution and storage of animal and poultry waste; storage, transportation and use of equipment for tillage, planting, harvesting and marketing; transportation, storage and use of fertilizers and limes, and lawfully permitted and applied insecticides, herbicides, and fungicides; construction of farm structures and facilities, including farm wineries and other on-farm food processing; construction and maintenance of fences and other enclosures; and the use and/or maintenance of related pastures, idle or fallow land, woodland, wetland, farm ponds, farm roads and certain farm buildings and other structures related to the agricultural practices. Agriculture shall also include value-added processing, wholesale and retail marketing of the agricultural output of the farm, including U-pick sales, and related products that contribute to farm income including the sale at the owner’s farm stand of agricultural products as long as a major portion of the annual gross sales of the farm stand

Definitions
have been grown on said farm. Agriculture shall not include a Confined Animal Feeding Operation (CAFO) as defined herein. ALTERATION. As applied to a building or structure, any change, rearrangement, enlargement, addition or diminution to a building or other structure, whether vertically or horizontally, other than repairs; any modification in construction, or in building equipment, or the moving of a building or structure from one location to another. ALTERNATE CARE HOUSING FACILITY. A facility designed used as a group residence or extended care facility, including assisted living facilities and nursing homes, designed for the care and housing of persons who are unable to live and work independently at a particular time and which provides for provision of such person’s specific needs and where compensation and/or reimbursement of costs is paid to an operator pursuant to state or federal standards, licensing requirements or programs funding residential care services. For purposes of this Zoning Law, an “Alternate Care Housing Facility” shall include, but not necessarily be limited to the following specific types of facilities. 1. Community Residence. A dwelling providing room, board, and recreation for the mentally and/or physically disabled under responsible supervision. 2. Halfway House. A community residence providing room, board, recreation and rehabilitative services for the mentally and/or physically disabled under responsible supervision. 3. Supervised Living Facility. A community residence or group home providing 24-hour on-site responsible supervision for long-term residence. 4. Supportive Living Facility. A community residence providing responsible supervision for residents. 5. Family Care Housing. A dwelling providing room, board and supervision for patients who are maintained on an inpatient basis by a state-operated psychiatric facility. 6. Housing for the Disabled. For those persons who are unable to function in society without assistance and/or supervision because of their physical, mental or emotional deficiencies. 7. Nursing Home. A premises on which is provided lodging, meals and continuing nursing care for compensation to convalescent or chronically ill persons. The term “Nursing Home” shall include a convalescent home and a rest home. 8. Assisted Living Facility. A residential care facility providing residential units accompanied by services for housekeeping, personal care, health care, recreation and food. An “Alternate Care Housing Facility,” for purposes of this Zoning Law, shall not include a “Community residential facility for the disabled,” as that term is defined in ANIMAL HOSPITAL. See “Veterinarian’s Office.” ANIMAL HUSBANDRY. The keeping, grazing, feeding and care of animals other than household pets or more than two (2) saddle horses or ponies for 4H Club Activities. However,

July 2008 Draft

Article XIII.2

Definitions
the term “Animal-husbandry” shall not be construed to include the activities of fur farms, pig farms, cage type poultry houses or any type of concentrated animal feeding operation (CAFO). APARTMENT. A dwelling unit contained within a two-family or multi-family dwelling. APPLICANT. a property owner or agent of a property owner who has filed an application for a use of land or structure pursuant to this Zoning Law. AQUIFER. A geologic unit of stratified drift capable of yielding usable amounts of water. AQUIFER PROTECTION AREA. The areas identified as such on the Water Resources Protection Overlay (WR-O) District Map based on surveys, analysis and research to accurately delineate the location of an aquifer. AREA AND BULK REGULATIONS. The combination of controls in Article IV which establish the residential density of a lot or lots and the maximum size of a building or structure and its location on such lot. ATM BANKING MACHINE. An automated teller machine (ATM) is a computerized telecommunications device that provides the customers of a financial institution with access to financial transactions in a public space. An ATM includes a personal teller machine (PTM). AUTOMOBILE BODY SHOP. Any area of land, including structures thereon, that is used for the painting of motor vehicles; the rebuilding or reconditioning of motor vehicles; including collision services including frame and fender straightening and repair; or the dismantling or disassembly of frames or exterior parts. BAKE SHOP. A retail establishment producing and selling breads, pies, cakes, cookies and other bake goods and which establishment may provide a maximum of eight (8) seats at tables or a counter for the on-premises consumption of baked goods and related beverages such as coffee, tea, milk or fruit juices. The term “bake shop” shall not include a Formula Food Establishment as defined herein. BASEMENT. That space of a building which is partly below grade, which has more than half of its height, measured from floor to ceiling, above the average finished grade of the ground adjoining the building. BED AND BREAKFAST ESTABLISHMENT. A private owner-occupied dwelling in which at least one (1) and not more than five (5) rooms are offered for rent for transient occupancy, in which overnight lodging and breakfast are offered to such occupant(s), and on which no public restaurant is maintained. BEGINNING OF CONSTRUCTION. The incorporation of both labor and materials within the footings or foundation of a building or group of buildings subsequent to the issuance of a Building Permit in full conformance with this Zoning Law. BIO-MASS. Bio-mass is plant matter grown for use as biofuel, but it also includes plant or animal matter used for production of fibres, chemicals or heat. It excludes organic material which has been transformed by geological processes into substances such as coal or petroleum. BUFFER. A strip of land established and suitably developed with fencing and/or berms or natural vegetation to visually separate one use from another and to shield or block noise, light

July 2008 Draft

Article XIII.3

Definitions
or other nuisances. The term “buffer” or “screen” also applies, when used throughout this Zoning Law, to the act of establishing and maintaining a “buffer” as defined herein. BUILDABLE AREA. The space remaining on the lot after the minimum yard, open space and natural environmental constraint requirements have been met. BUILDING. "Building" shall mean any building, structure, or portion thereof used for residential business or industrial purpose. BUILDING, ACCESSORY. See definition of “Accessory Structure.” BUILDING, PRINCIPAL. A building in which is conducted the main or principal use of the lot on which said building is located. In any residential district, any dwelling shall be deemed the principal on the lot on which it is situated. BUILDING, SEMI-DETACHED. A building attached by a party wall to another building normally of the same type on another lot, but having one side yard. BUILDING ENVELOPE. The setback lines or other restrictive demarkation that establish an area on a lot in which building and other site improvements can occur. BUILDING INSPECTOR. See definition of “Code Enforcement Officer” herein. BUILDING LINE. The line established by law, ordinance, or regulation, beyond which no part of a building, other than parts expressly excepted, may extend. BUILDING LINE, FRONT A line generally parallel to the street or road beyond which the front of a building may not project into the required front yard as specified for the district in which the lot is situated. BUILDING MATERIALS. A retail business for the storage and sale of primarily wood products but which may also include the sale of hardware and other building products. BUSINESS OFFICE. A building or portion thereof wherein services are performed involving predominantly administrative, professional or clerical operations. See “Professional Office.” BUSINESS SERVICE. An establishment primarily engaged in rendering services on a fee or contract basis, such as advertising and mailing, building maintenance, employment service, office equipment rental and leasing, commercial research, development and testing, photo finishing and personal services. CAMP. A parcel of land on which are located two (2) or more cabins, shelters or other accommodations, of a design or character suitable for seasonal, or other more or less temporary living purposes, including summer colony, resort and day camp. A trailer park, camp trailers, campers, trailer coaches, travel trailers, recreational vehicles, motor homes, bus, boarding house, hotel, or motel shall not be construed to be a “camp.” CAMPGROUND. Any area designated for transient occupancy by camping in tents or similar non-vehicular portable dwelling designated for temporary shelter. CEMETERY. Land used or intended to be used for the burial of dead human beings and dedicated for cemetery purposes, when operated within the boundary of such lands and in accordance with the requirements of Article VI, Section D of this Zoning Law.

July 2008 Draft

Article XIII.4

Definitions
CENTRAL WATER. For the purposes of this Zoning Law, a community water supply system approved by the Town of Rhinebeck, Dutchess County and/or State of New York for either private or public operation. CESSATION OF USE. As used herein, a use shall be determined by the Code Enforcement Officer to have ceased when it has been discontinued, either temporarily or permanently, whether with the intent to abandon such use or not. CHANNEL. A natural or artificial watercourse with a definite bed and banks which conducts continuously or periodically flowing water. CLEAR-CUTTING. The indiscriminate removal of all or most trees, regardless of size or maturity, for a purpose other than development. This definition shall not include. the selective removal of tree species according to a forest management plan consistent with § 480-a of the New York State Real Property Tax Law or the New York State Timber Harvesting Guidelines or the New York State Cooperating Forester Program, and in accordance with environmentally sound and sustainable silvicultural principles; removal of dead trees; or removal of trees in accordance with a Subdivision Plat or Site Plan approved by the Town of Rhinebeck Planning Board. CLEARING. Any activity that removes the vegetative surface cover. CLUB, NOT-FOR-PROFIT MEMBERSHIP. Premises of an organization of persons who meet periodically to promote some non-profit social, educational, athletic, service or recreational objective, and who cater exclusively to members and their guests, with no vending, merchandising or commercial activities conducted, except as required generally for the membership and purposes of the club. A “Not-for-profit Membership Club” shall not include a “Rod and Gun Club” as defined herein. CLINIC, DENTAL OR MEDICAL. A facility designed for the practice of dentistry or medicine at which non-resident patients are treated. CONSERVATION SUBDIVISION. A subdivision which is designed in accordance with the provisions of Article V, Section I of this Zoning Law and which is specifically intended to conserve significant features of the natural and cultural landscape, and which achieves this result through flexibility in lot sizes and dimensions and permanent designation of protected open space. CONSERVANCY LOT. A large, privately owned lot comprising part of an area of open land as prescribed by Article V, Section I of this Zoning Law. The purpose of the conservancy lot is to provide surrounding residents with visual access to open protected space, while keeping the land under private ownership and maintenance. Only a small portion of such lots may be developed; the remainder must be permanently protected through conservation easements and used in conformance with standards for protected open space. Public access to conservancy lots is not required. CONTAMINATION. The presence of chemical substances, matter or energy whose nature, location or quantity causes instability, disorder, harm or discomfort to the physical systems or living organisms therein. COMMON SEWER. For the purposes of this Zoning Law, a community sewage disposal system approved by the Town of Rhinebeck, Dutchess County and/or State of New York for either private or public operation.

July 2008 Draft

Article XIII.5

Definitions
COMMERCIAL RECREATION FACILITY. An establishment engaged in providing recreation for a fee or admission charge, including membership sports, recreation clubs, and health clubs, but specifically excluding air arenas, amusement parks, go-cart tracks, driving ranges, water sports parks, rings, race tracks, or similar facilities, whether full-size or miniature and whether located indoors or outdoors. COMMUNICATION FACILITY OR TOWER. A structure used primarily for transmitting and/or receiving radio, television, microwave cellular telephone or similar electromagnetic signals. As set forth at Article VI, Section D herein, for the purpose of this Chapter, neither receive-only antennae or satellite dishes for residential use nor any other building-mounted or other structure-mounted antennae less than fifteen (15) feet in height, shall be considered a Communication Facility or Tower. COMPREHENSIVE PLAN. The official Town Board adopted document that provides a consistent policy direction to guide the immediate and long range protection, enhancement, and development of the Town of Rhinebeck. As described in Section 272-a of the New York State Town Law, the Comprehensive Plan consists of materials, written and/or graphic, including but not limited to maps, charts, studies, resolutions, reports, elements, appendices, and other descriptive material. Such materials identify goals, objectives, principles, guidelines, policies, standards, devices and instruments for the unincorporated area of the Town-outside the Village of Rhinebeck. The Town of Rhinebeck “Comprehensive Plan” may also be referred to as either the “The Rhinebeck Plan,” the “Town Plan” or the “Town Comprehensive Plan.” CONDOMINIUM. A building or group of buildings in which dwelling units are owned individually within a multiple dwelling structure. The land underlying such structure(s), common areas and common facilities are owned by the owners on a proportional, undivided basis. Since condominiums represent the functional equivalent of a land subdivision, they shall be subject to the Town of Rhinebeck Land Subdivision Regulations. CONFERENCE CENTER. A facility used for in-residence business, cultural or professional programs, conferences, retreats and seminars, often with campus-type accommodations for sleeping, eating and recreation. CONCENTRATED ANIMAL FEEDING OPERATION (CAFO). A “concentrated animal feeding operation” or CAFO means a lot or facility, together with any associated treatment works, where both of the following conditions are met. 1) Animals have been, are, or will be stabled or confined and fed or maintained for a total of 45 days or more in any 12-month period; and 2) Crops, vegetation, forage growth, or post-harvest residues are not sustained in the normal growing season over any portion of the operation lot or facility. CONGREGATE CARE FACILITY. A housing facility where each resident has an individual, usually private, housing unit which contains a sitting space, kitchen and bathroom, in addition to a bedroom. A resident may share a common kitchen, dining room and living room with one or more residents. CONSERVATION ADVISORY COUNCIL (CAC). The Conservation Advisory Council or Conservation Advisory Board of the Town of Rhinebeck, New York as these terms are defined in New York State General Municipal Law.

July 2008 Draft

Article XIII.6

Definitions
CONSERVATION AREA. Land left in its natural and essentially undeveloped state, including vegetation and terrain, for the purpose of preserving habitats for plants and animals, scenic views, open space, aesthetic appreciation, passive recreation and other conservation purposes. CONSERVATION EASEMENT. A legal agreement in the form of an easement, covenant, restriction or other interest in real property created under and subject to the provisions of Article 49, Title 3 of the Environmental Conservation Law, which limits or restricts the development, management or use of such real property in perpetuity for the purpose of preserving or maintaining the scenic, agricultural, open, historic, recreational, archaeological, architectural or natural condition, character, significance or amenities of the property. CONSTRUCTION, FIRE-RESISTANT. That type of construction in which the walls, partitions, columns, floor sand roof are non combustible with sufficient fire resistance to withstand the effects of a fire and prevent its spread from story to story. CONTRACTOR’S YARD. Property used for the storage or keeping of construction supplies, materials, equipment, machinery or vehicles, or parts thereof, which are in operable condition and active use by a construction or landscape contractor. CONVENTIONAL SUBDIVISION. A subdivision in which lots are laid out in accordance with the basic dimensional standards of the district in which the property is located, as set forth in the Schedule of Area and Bulk Regulations, and for which a Special Use Permit and Site Plan approval is required pursuant to Articles V and VI of this Zoning Law. CONVERSION. A change in use or occupancy of a building, generally by alteration or by other reorganization. COTTAGE HOME. A cottage home is similar to a detached accessory dwelling unit but, rather than contained within another accessory structure such as a barn, garage, or carriage house, shall be a detached structure separate and apart from the single family dwelling and/or other accessory structures on the lot. A cottage home shall not exceed 750 square feet on lots less than one-half acre nor 1,000 square feet on lots one-half acre or larger, shall be built in accordance with the New York State Uniform Fire Prevention and Building Code, and shall be clearly incidental and subordinate to the principal building or structure. COUNTRY CLUB. A “country club” is a private club that offers a variety of recreational sports facilities to its members such as a golf course, swimming, horseback riding, and tennis. Country clubs may provide dining facilities to their members and guests, and may host catered events, such as weddings. COUNTRY INN. A building or group of buildings, which is used for the overnight sleeping accommodation of the traveling public and which shall include residential accommodation for the owner or caretaker. The Zoning Law permits, subject to issuance of a Special Use Permit, a Country Inn 1 and Country Inn 2 as described more fully in Article VI, Sections D(38) and D(39) of the Zoning Law. COVERAGE, LOT OR IMPERVIOUS SURFACE COVERAGE. That percentage of the plot or lot area covered by the composite building area on or extended to the ground plane of all principal and accessory buildings or structures, roads, parking lots and parking areas and other

July 2008 Draft

Article XIII.7

Definitions
impervious surfaces as defined herein. Such coverage excludes uncovered porches, terraces, and wooden decks, except where used for commercial purposes. DAY CAMP. Non-overnight camp providing recreation, arts and crafts, and other activities for participants. DELICATESSEN. A retail establishment selling meats, salads, other foods and condiments in a prepared state and which establishment may include a maximum of twenty (20) seats at tables and/or a counter for the on-premises consumption of sandwiches or other foods and related coffee, tea, milk, fruit juices and other non-alcoholic beverages. A delicatessen may stock household supplies to customers who purchase only a relatively few items. The term “delicatessen” shall not include a Fast Food Establishment as defined herein. DENSITY. The ratio of land area per dwelling unit on a lot. 1. 2. GROSS DENSITY is the ratio of dwelling units to the land area of the total lot. NET DENSITY is the ratio of dwelling units to the land area of the lot after subtracting non-buildable areas including 100 year floodplains, wetlands, regulated wetland buffers, ponds, streams, and steep slopes over 25 percent gradient.

DESIGN STANDARDS. The design manual originally adopted by the Town Board in June 1999 and amended from time to time, so as to complement the Design Standards found in Article V, Section U of this Zoning Law, and the “Site Plan Design Criteria” set forth at Article VII, Section F of this Zoning Law. DEVELOPMENT. Any activity other than agricultural, conservation or forest management activity which materially affects the existing condition of land or improvements, including but not limited to. 1. 2. 3. 4. 5. Removal of trees or other natural vegetative cover; Substantial excavation or deposit of earth or other fill, including alteration of the banks of any stream or body of water; Construction, reconstruction, alteration or demolition of any building, structure or other improvement; Dumping or parking of any object or material, whether mobile, liquid or solid; Commencement of any use of the land and improvements thereto and any change in the type or intensity of such use; and

DISTRICT, OR ZONING DISTRICT. An area or section of the Town illustrated on the Zoning District Map contained within this Zoning Law, and within which uniform requirements regulate the use of land, buildings and structures and the height, bulk, density, setback and other features of buildings and structures. DISTRICT, FLOATING. A district that is established through the Zoning Amendment process, enumerated in Article XII and as further described in Article VI, Section B(37), to provide housing for senior citizens. Unlike other Zoning Districts, the Senior Housing Floating Zoning District has not been mapped and is subject to legislative discretion.

July 2008 Draft

Article XIII.8

Definitions
DISTRICT, OVERLAY. An area or section of the Town illustrated on the Zoning District Map contained within this Zoning Law, and within which additional requirements are provided to protect identified natural and cultural resources or provide for incentives for specific types of development that are encouraged in the Town or to complement those of the underlying land use district to which such designation is added. DRIVEWAY. Land situated on a lot used or intended to be used as a private access route directly serving a building, structure, parking area, or other lands and not providing a route for through traffic. DWELLING. A building designed or used principally as the living quarters for one (1) or more families. DWELLING UNIT, ACCESSORY. A separate and complete dwelling unit that is contained within the structure of a single-family dwelling or in a building or structure accessory to a single-family dwelling. DWELLING, ONE-FAMILY. DWELLING, TWO-FAMILY. dwelling units only. A detached building containing one (1) dwelling unit only. A detached or semi-detached building containing two (2)

DWELLING, MULTI-FAMILY. A building containing separate living units for three or more families, including apartment buildings, townhouses, rowhouses, regardless of the form of ownership (condominium, fee simple, rental). DWELLING UNIT. A building, or entirely self-contained portion thereof, containing complete housekeeping facilities for one (1) family. A dormitory, hotel, motel, country inn, nursing home, fraternity, sorority or other similar building shall not be deemed to constitute a “dwelling unit.” ECHO UNIT, (ELDER COTTAGE HOUSING OPPORTUNITY). A modular cottage, not exceeding 750 square feet, for installation on a single-family residential premises, designed to be occupied by one or two people who will benefit from living in close proximity to the principal residents of the premises. EDUCATIONAL INSTITUTION. Any parochial, private, or public institution offering courses in general, technical, or religious education that is not operated for profit or gain and conducts a full-time curriculum of instruction a minimum of five (5) days per week for seven (7) months per year. This definition specifically excludes from coverage after school programs for students who are receiving their primary education elsewhere. Educational Institutions operate in buildings owned or leased by the institution for some or all of the following purposes. Administrative and faculty offices, classrooms, dining halls, housing limited to enrolled full time students, staff and faculty presently employed full-time by the educational facility, laboratories and other ancillary uses typically and customarily associated with educational facilities EMERGENCY -- Any occurrence or circumstances involving actual or imminent physical trauma or property damage threatened or caused by an emergency that demands immediate action.

July 2008 Draft

Article XIII.9

Definitions
EMPLOYEE. Shall mean the regular working staff, (paid, volunteer or otherwise) at maximum strength and in full time equivalent numbers necessary to operate, maintain or service any given facility or use under normal levels of service. ENRICHED HOUSING FOR THE ELDERLY. A residence offering alternative living arrangements (i.e. small, congregate living arrangements wherein comprehensive supportive services are shared) for frail, older adults who do not want or need institutional care, but who are no longer able to carry out the activities of daily living without assistance. ENVIRONMENTAL PERFORMANCE STANDARDS. Regulations for the control of dangerous or objectionable uses having potential adverse impacts as described for nonresidential and non-agricultural uses in Article V, Section A of this Zoning Law. EROSION CONTROL MANUAL. The most recent version of the “New York Standards and Specifications for Erosion and Sediment Control” manual, commonly known as the “Blue Book.” ESTABLISHMENT. A building or related group of buildings for purposes of the conduct of business, located on a single parcel or lot, and including one or more uses. EXCAVATION, MAJOR. Removal, replacement or recontouring of earth materials meeting one or more of the following criteria. No use or activity classified as a “major excavation” may be so intensive as to constitute either an “extractive operation” or “soil mining” as defined under this Zoning Law. 1. Involving more than 200 cubic yards of material; or 2. Affecting more than 10,000 square feet of land area; or 3. The changing of existing drainage patterns affecting neighboring properties. EXCAVATION, MINOR. Removal, replacement or recontouring of earth materials meeting all of the following criteria. 1. Involving less than 200 cubic yards of material; and 2. Affecting less than 10,000 square feet of land area; and 3. Which will not affect the character or pattern of drainage to neighboring properties. EXTRACTIVE OPERATION. A lot or land or part thereof, used for the purpose of extracting and/or removing sand, gravel, clay, stone, loam, humus, topsoil or other earth materials for sale, exclusive of the following. 1. Subject to the criteria set forth in Article V, Section E of this Zoning Law, the process of grading a lot preparatory to the construction of a building for which a Building Permit has been issued or installing roadways and/or other improvements described on a Subdivision Plat or Site Plan approved by the Planning Board; and 2. Either “minor excavation” or “major excavation” as defined herein. FACADE. The face or front of a building facing the major or principal street. FAIRGROUND. A name for occasional or periodic competitive exhibition including but not limited to farm products and/or livestock, usually accompanied by amusement features and for which an admission fee may or may not be charged.

July 2008 Draft

Article XIII.10

Definitions
FAMILY. One of the following. 1. One (1), two (2) or three (3) persons occupying a dwelling unit; or 2. Four (4) or more persons occupying a dwelling unit and living together as a traditional family or the functional equivalent of a traditional family. In determining whether individuals are living together as the functional equivalent of a traditional family, the following criteria must be present. 1. The group must share the entire house; 2. Occupants must live and cook together as a single housekeeping unit; 3. Expenses for food, rent, utilities or other household expenses must be shared by the group; and 4. The group is permanent and stable and is not transient or temporary in nature. FARM. Land and on-farm buildings, equipment and practices which contribute to the production, preparation and marketing of crops, livestock and livestock products as a commercial enterprise. FARM MARKET – An accessory retail facility, larger than a roadside stand, owned and operated by the owner or operator of the farm and intended for the sale of local farm produce, farm products and related farm items on either a seasonal or year-round basis. FAST FOOD ESTABLISHMENT. An establishment required by contractual or other arrangements to offer some or all of the following. 1. Standardized menus, ingredients, food preparation, décor, external façade and/or uniforms; 2. Systemic purchasing for food, containers, wrappers, and other consumable goods from a central source; 3. Pre-prepared food in a ready-to-consume state; 4. Sold over the counter in disposable containers and wrappers; 5. Selected from a limited menu; 6. For immediate consumption on or off the premises; 7. Where the customer pays before eating; 8. Contains a drive-in or drive-through component. This definition shall not include bake shops, delicatessens, or restaurants as defined herein. FENCE. An unroofed enclosing structure erected for decorative purposes or for the purpose of preventing passage or view. FLAG LOT. See definition of LOT, FLAG. FLOOD, 100 YEAR OR BASE. The highest level of flood that, on the average has a one percent (1%) chance of occurring each year. FLOOD HAZARD BOUNDARY MAP (FHBM). The official map of the Town of Rhinebeck on which the Federal Emergency Management Agency has delineated the boundaries of the

July 2008 Draft

Article XIII.11

Definitions
special flood hazard area. The FHBM is replaced by the Flood Insurance Rate Map (FIRM) when the letter becomes effective. FLOOD INSURANCE RATE MAP (FIRM). The official map of the Town of Rhinebeck on which the Federal Emergency Management Agency has delineated both the special flood hazard areas and the risk premium zones. FLOOD INSURANCE STUDY. The official report of the Federal Emergency Management Agency for the Town of Rhinebeck showing flood profiles, water surface elevations of the base flood, and includes a Flood Boundary/Floodway Map (FBFM) or Flood Insurance Rate Map depicting any regulatory floodway, as may be applicable. FLOODING, AREA OF SHALLOW. A designated AO or VO Zone shown on the Town’s Flood Insurance Rate Map (FlRM) with base flood depths from (1) to three (3) feet where a clearly-defined channel does not exist, where the path of flooding is unpredictable and indeterminate and where velocity flow may be evident. FLOOD PLAIN OR FLOOD-PRONE AREAS. A land area adjoining a river, stream, watercourse, or lake, which is likely to be flooded. FLOOD PLAIN AREA WITH SPECIAL FLOOD HAZARDS. Maximum area of the flood plain that, on the average, is likely to be flooded once every 100 years (i.e. that has a 1% chance of being flooded in any given year). The flood plain area with special flood hazards includes the area shown on the FHBM as Zone A and on the FIRM as Zone A, AO, AH, A1 to A30, A99, V and V1 to V30. FLOOD PLAIN MANAGEMENT. The operation of an overall program corrective and preventive measures for reducing flood damage, including but not limited to emergency preparedness measures, flood control works, and land use and development control measures. FLOODPROOFING. Any combination of structural and non-structural additions, changes, or adjustments to properties and structures which reduce or eliminate flood damage to lands, water and sanitary facilities, structures, and contents to buildings. FLOODWAY. The channel of a river or other watercourse and the adjacent land areas required to carry and discharge a flood of a given magnitude without cumulatively increasing the water surface elevation more than the designated height shown in the Town of Rhinebeck’s Flood Insurance Study. FLOOD PROTECTION ELEVATION. The one hundred (100) year flood elevation plus two (2) additional feet of elevation. FLOOR AREA, GROSS. The sum of the horizontal area of the floor or floors of a building as measured from the exterior faces of exterior walls or from the centerline of walls separating two buildings, but not to include attached or built in garages, porches or terraces, basements or unfinished floor area, including attics, having a clear head room of less than seven (7) feet. Gross floor area shall include all occupiable areas minus the following deductions. 1. Vehicular parking and loading areas within the structure. 2. Floor area occupied by HVAC (heating, ventilating and air conditioning), mechanical, electrical, communications and security equipment or apparatus.

July 2008 Draft

Article XIII.12

Definitions
FLOOR AREA RATIO (FAR). The sum of the gross floor area of all structures on a lot divided by the gross area of the lot. FLORIST SHOP. Any structure or building whose primary design and function is for the production and raising of flowers and other horticultural products for sale but which may include the retail sale of horticultural products from off-site businesses. FORESTRY. Sustainable forest management for the production of goods to meet the needs and desires of landowners and that serves the public good, both for present and future generations. Forestry is further defined as the maintenance of property in an undeveloped state that currently contains trees of any size, or is suitable for the growing of trees. Forest uses may include conservation of wildlife habitat, provision of outdoor recreation, production of timber and forest crops, protection of water quality, regulation of water flows, conservation of soil, carbon sequestration and protection of aesthetic qualities. FRONTAGE, LOT. See definition of LOT FRONTAGE. GARAGE, PRIVATE. An enclosed space, whether an accessory building or part of a principal building, for the storage of one or more vehicles, provided that no business occupation or service, other than a home occupation authorized by Special Use Permit, is conducted for profit therein nor space therein for more than one car leased to a non-resident of the premises. GAS STATION. Any area of land, including structures thereon, that is used or designed to be used for the sale of gasoline, oil or other motor vehicle fuels and which may include facilities for lubricating, cleaning or otherwise servicing motor vehicles, but not including the painting or major repair thereof or the use of mechanical car washing equipment. The term “gas station” shall not include a “Fast Food Establishment” as defined herein. A gas station may include as an accessory use, a convenience store, not exceeding 2,000 square feet, for the sale of a limited number of food and household products. GOLF COURSE. A type of “outdoor recreation use”, as defined by this Zoning Law, developed in accordance with the standards of the United States Golf Association (USGA) for the play over either nine (9) or eighteen (18) Regulation, Executive or Par 3 holes of the game of golf. The golf course facility may include a clubhouse with a restaurant and other appurtenances integral to the overall facility, practice putting greens, and a practice range but shall exclude the use of netting for the constraint of golf balls on such practice range. A private golf course may be a component of a “country club” as defined herein. GRADE, FINISHED. The elevation at which the finished surface of the surrounding lot, either naturally occurring or upon completion of any change in contour, intersects the walls and supports of a structure. GRADING. Excavation or fill of material, including the resulting conditions thereof. GROUNDWATER. Water in the subsurface zone beneath the water table in which all pore spaces are completely saturated. GUEST COTTAGE. An accessory building on the same lot as a principal residential dwelling used for occupancy by either short-term guests of the owners or tenants of the principal dwelling provided that such building shall contain no kitchen facilities and shall meet all applicable setback and lot coverage requirements of this Zoning Law and those requirements related to the provision of suitable water supply and sanitary sewage disposal facilities.

July 2008 Draft

Article XIII.13

Definitions
HABITABLE SPACE. Space occupied by one (1) or more persons for living, sleeping, eating or cooking. HAZARDOUS MATERIAL. Material that may pose a present or potential hazard to human health or the environment when improperly stored, transported or disposed of or otherwise managed, including without exception hazardous waste identified and listed in accordance with Section 3001 of the Resource Conservation and Recovery Act of 1976 (P.L.94-580) and related implementing regulations. HEIGHT, BUILDING. The vertical distance measured from the average elevation of the finished grade along the side of the building having the lowest finished grade to the highest point on the coping of a flat roof, to the deck line of mansard roofs or to the average height between eaves and ridge for gable, hip and gambrel roofs, but not including chimneys, spires, towers, elevator penthouses, tanks and similar projections, except where such features occupy an aggregate area of more than eighty (80) square feet or ten percent (10%) of the roof area, whichever shall be less. HOME OCCUPATION. Any limited personal service, professional service or business use customarily conducted within a dwelling or customary accessory building and carried on by the residents thereof, which is clearly incidental and secondary to use of the premises for residential purposes and does not alter the residential character thereof, and which use shall be fully consistent with the use limitations stated in Article V, Section H of this Zoning Law. HOSPITAL. An institution providing health service, primarily for inpatients, and medical or surgical care of the sick or injured, including as an integral part of the institution such related facilities as laboratories, outpatient departments, training facilities, central service facilities and medical offices. For purposes of this Zoning Law, the term “hospital” shall not include the term “alternate care facility”. HOTEL. A building containing rooms intended or designed to be used or which are used, rented or hired out to be occupied or which are occupied for sleeping purposes by guests for no more than 30 days and where a kitchen and dining room are generally provided within the building or in an accessory building but excluding “Fast Food Establishments” as defined herein. Small service kitchens may be provided in individual rooms. HOUSE OF WORSHIP. A building designed or adapted for use by a religious organization for conducting formal religious services or assembly on a regular basis. IMPERVIOUS SURFACE. Any artificial structure that cannot effectively infiltrate rainfall, snowmelt and water, which replaces naturally pervious soil with impervious construction materials such as roofed or other solid structures or materials covering the ground, including but not limited to concrete, oil and stone, tar or asphalt pavement, or compacted soil or gravel. Regardless of the construction materials used, any area which is used for driveway or parking purposes, including disturbed grass, ground cover, or dirt, shall be considered an impervious surface. INDUSTRIAL STORMWATER PERMIT. A State Pollutant Discharge Elimination System (SPDES) permit issued by the New York State Department of Environmental Conservation to a commercial industry or group of industries which regulates the pollutant levels associated with industrial stormwater discharges, or specifies on-site pollution control strategies. INFILTRATION. The process of percolating stormwater into the subsoil.

July 2008 Draft

Article XIII.14

Definitions
JUNK YARD, MOTOR VEHICLE. An area of land, with or without buildings, used for or occupied by a deposit, collection, or storage outside a completely enclosed building of used or discarded motor vehicles or parts thereof, with or without the dismantling, wrecking, savage, sale, or other use or disposition of the same. A deposit, collection, or storage on a lot of two (2) or more vehicles no longer in condition for legal use on the public highways, i.e. registered and inspected, or parts thereof for one month or more in a residential district or three months or more in any non-residential district, shall constitute a “motor vehicle junk yard.” KENNEL. Any premises on which are kept four (4) or more dogs more than six (6) months of age or any number of dogs that are kept for the primary purpose of sale or for the purpose of boarding, care or breeding and for which a fee is charged or paid. The term, “kennel” shall be construed to include the term “cattery”. LAUNDRY, SELF-SERVICE. A business premises equipped with individual clothes washing or dry cleaning machines intended for principal use by retail customers. LIBRARY. A building used by a public or nonprofit institution for the purpose of housing books, manuscripts, exhibits or other educational materials available for reference and, as may be applicable, circulation by the public. A library may include offices for library management as well as community meeting rooms. LIGHT MANUFACTURING. A use involving the manufacture of a product, but not requiring heavy, noisy or otherwise objectionable machinery or transporting equipment in contravention of the performance standards stated within Article V, Section A of this Zoning Law. Light manufacturing uses shall be construed to include, subject to compliance with the cited performance standards, the following categories. 1. Food and beverage production including but not limited to such uses as dairy processing plant, bakery, and bottling plant. 2. Apparel and other textile products. 3. Furniture and fixtures. 4. Printing and publishing. 5. Electrical and electronic machinery and equipment. 6. Metal fabrication. 7. Mail order distribution center. 8. Warehousing ancillary to the authorized use. LOT. A parcel of land having defined boundaries and considered as a unit, devoted to or intended to be devoted to a specific use or occupied by a structure or group of structures that are united by a common interest, use or ownership, and including customary accessory structures, uses, open spaces and yards, which parcel shall have frontage on a street, or on such other means of access as may be deemed sufficient in accordance with the applicable provision of Section 280-a of the Town Law to provide suitable access as a condition precedent to the issuance of a Building Permit. LOT, CORNER. A lot abutting upon two (2) or more streets at their intersection or upon two parts of the same street, such streets or parts of the same street forming an interior angle of

July 2008 Draft

Article XIII.15

Definitions
less than one hundred thirty-five (135) degrees. The point of intersection of the street right-ofway lines is the “corner”. LOT AREA. The total land area of a lot within the property lines excluding any area devoted to external streets, e.g. in the case of a “user highway”. LOT COVERAGE. The entire unvegetated area of the lot, including but not limited to the area covered by all buildings, structures, paved areas, driveways, walkways, patios and terraces. LOT DEPTH. The horizontal distance from the street line of a lot to the rear lot line of such lot, measured along the median between the two side lines. LOT, FLAG. A lot with less than the minimum required lot frontage which generally consists of a narrow accessway or the “flag pole,” leading to the buildable rear portion of the lot or the “flag.” LOT FRONTAGE. That side of a lot measured along the right-of-way of any dedicated Town, County or New York State highway, along a line 24.75 feet from the centerline of any user highway or along any private road created pursuant to § 280-a of the New York State Town Law. For purposes of this Zoning Law, the width of any lot shall not be less than its frontage throughout its entire depth leading to the buildable portion of the lot, i.e. that portion of the lot with at least the minimum prescribed lot width. A corner lot shall be considered to have two (2) such frontages. LOT, INTERIOR. Any lot other than a “corner lot.” LOT LINE. The line dividing one lot from another, or from a street or other public space. LOT OF RECORD. A legally-existing lot at the time of adoption of this Zoning Law duly filed and recorded in the Dutchess County Clerk’s Office as either an individual parcel of land or part of an approved subdivision, in accordance with the Town’s Land Subdivision Regulations and applicable provisions of Town Law. LOT, THROUGH. An interior lot having frontage on two parallel, or approximately parallel, streets. LOT WIDTH. The minimum horizontal distance between the side lot lines measured at right angles to the lot depth along the rear line of the required front yard (i.e. at the minimum front setback) as established within the District Schedule of Area and Bulk Regulations. MAINTENANCE AGREEMENT. As this term is used in Article V, Section Z of this Zoning Law, a legally recorded document that acts as a property deed restriction, and which provides for long-term maintenance of stormwater management practices. MEMBERSHIP CLUB. See “Club, Membership.” MIXED-USE. A building containing both residential and commercial floor space conceived and designed as a single environment in which both commercial and residential amenities are provided. MANUFACTURED HOME. A structure, transportable in one (1) or two (2) sections (also known as single-wide and double-wide), which in the traveling mode, is eight body feet or more in width and forty body feet or more in length, and when erected on site, is 700 or more square feet, and which is built on a permanent chassis and is designed to be used as a dwelling with or

July 2008 Draft

Article XIII.16

Definitions
without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems contained therein. A recreational vehicle is not included in this definition. Manufactured homes differ from modular or industrialized housing. Manufactured homes, and modular and industrialized homes are all factory-built housing, but modular and industrialized housing are certified as meeting the State or local building code. For purposes of building code approval, modular housing is equivalent to stick-built housing and manufactured homes are not. A manufactured house is a house built in conformity wit the provisions of the federal HUD Code. Mobile homes are those built prior to adoption of the HUD Code. MODULAR HOME. A factory-built dwelling transported to the site and permanently attached to a foundation but not including a “manufactured home” as defined herein. MOTEL. A building or group of buildings containing individual living and sleeping accommodations for hire, each of which is provided with a separate exterior entrance and a parking space, and is offered for rental and use principally by motor vehicle travelers. The term “motel” includes but is not limited to every type of similar establishment known variously as an auto court, motor hotel, motor court, motor inn, motor lodge, tourist court, tourist cabins, roadside hotel. MUSEUM. A non-profit, non-commercial establishment operated as a repository for a collection of literary, natural or scientific curiosities, objects of interest or works of art, not including the regular sale or distribution, of the objects collected. NATURAL RESOURCE INVENTORY (NRI). A compilation of information about the Town’s natural resources, in mapped form within the Town Comprehensive Plan, available at Town Hall and in electronic form on the Town’s web site, accessible to residents, businesses visitors and interested observers. The NRI provides general reference information that is useful for planning and conservation of such resources. The NRI is subject to periodic updating and refining as new information becomes available. NET USABLE AREA. The term "net usable area" (NUA) as used herein shall mean the gross floor area minus the following floor area deductions. 1. Elevator shafts and stairways 2. Public restrooms 3. Public lobbies, common mall areas, atriums and courtyards provided solely for pedestrian access to the building from the exterior, and/or for aesthetic enhancement or natural lighting purposes. 4. Permanently designated corridors (i.e. not subject to relocation by the requirements of a specific lease). NONPOINT SOURCE POLLUTION. Pollution from any source other than from any discernible, confined, and discrete conveyances, and which shall include, but not be limited to, pollutants from agricultural, silvicultural, horticultural, mining, construction, subsurface disposal and other runoff sources. NOT-FOR-PROFIT. For purposes of this Zoning Law, restricted to a “person,” as defined herein, so designated as “not for profit” or “non- profit” by virtue of charter or incorporation

July 2008 Draft

Article XIII.17

Definitions
and certification by the Internal Revenue Service. Such person or facility may also be cited within this Zoning Law as “non-commercial.” NOXIOUS USE. Any use which is dangerous, offensive or injurious by reason of the emission of dust, smoke, refuse matter, odor, gas fumes, noise or vibration in contravention of the standards and criteria established by this Zoning Law and other applicable laws, rules, codes and regulations; also referred to as a “nuisance.” NURSERY. An establishment separate from a farm where herbaceous plants and related lawn care, landscaping and gardening products are sold to retail and/or wholesale customers. A “Nursery” by its nature includes outdoor storage of some or most of its stock in trade. NURSERY SCHOOL. Any premises, however designated which operates on a regular basis to provide care or instruction for seven (7) or more enrolled children under six (6) years of age other than the children of the resident family. The term “nursery school” shall include a day nursery and day care center and family day care facility as defined and regulated by Section 390 of the New York State Social Services Law. OCCUPANCY. Use of a building, structure or premises. OCCUPIED SPACE. An area enclosed or covered providing a ceiling height of 7' 0" or more, intended for normal use by people on an occasional or more frequent basis. Occupied space may include basements, cellars, penthouses, attic space and interior balconies or mezzanines if the space is intended for use or habitation. OFFICE OR OFFICE ESTABLISHMENT. A building or structure or part thereof used for the purpose of conducting a business or providing professional services. The term “office or office establishment” does not include businesses that sell goods, such as a retail store. OFFICIAL MAP. A map, adopted by the Town Board, showing streets, highways and parks heretofore laid out, adopted and established in accordance with Section 270 of the Town Law. OFF-STREET PARKING FACILITY. Parking spaces located in an area other than on a street or public right-of-way and limited in use to vehicles not exceeding a gross vehicle weight of three (3) tons or not parked continuously for periods of more than forty-eight (48) hours, except in facilities designated for special uses. Parking facilities include the following subclasses. 1. SURFACE PARKING LOT. A parking facility constructed on prepared grade and without a covering roof or structure. 2. PARKING STRUCTURE. A parking area or facility, comprising one or more floors as a part or whole of a building, that meets the requirements of the New York State Building Code. OPEN SPACE. That lot area of a lot which shall, in accordance with the requirements of this Zoning Law, be properly maintained with a combination of natural, not artificial, lawn, shrubs, trees and other plant material and related ground covers and which may be protected by conservation easement or other means. OUTDOOR RECREATION USE, NOT-FOR-PROFIT/NON-COMMERCIAL. Land developed with facilities for passive recreation, e.g. trails and picnic areas, and/or with facilities for active outdoor individual or organized recreation, e.g. ball fields, tennis courts, swimming pools, ski trails, ice-skating areas and golf courses, but not including. [1] related

July 2008 Draft

Article XIII.18

Definitions
arenas or stadia or other facilities for the accommodation of more than two hundred (200) spectators; [2] activities involving the discharge of firearms; [3] the development of substantial enclosed or semi-enclosed structures that compositely occupy more than one-half of one percent (0.5%) of the gross land area devoted to the outdoor recreation use; or [4] any activity or use, whether principal or accessory, falling within the definition of “commercial recreation facility” as set forth within this Zoning Law. An outdoor recreation use or facility may also be referred to as a “recreation area.” OWNER. Owner of the freehold of the premises or lesser estate therein, a mortgagee or vendee in possession, assignee of rents, receiver, executor, trustee, lessee, or other person, firm, or corporation in control of a building, structure or premises. The term “owner” may in a specific situation refer to more than one of the above. PARISH HOUSE. An accessory structure used or intended to be used for the lay activities of an religious organization including a dwelling unit or units used by the officials of a house of worship. PARK. Any land and/or associated structures created and maintained by a municipality or not-for-profit organization for the express use and enjoyment by the general public for recreational purposes. PARKING AREA, OFF-STREET. For purposes of this Zoning Law, an off-street parking area containing parking spaces as required by this Zoning Law. PARKING SPACE, OFF-STREET. An area of land, not less than nine (9) feet by nineteen (19) feet excluding driveways or access drives thereto, which is out of the public right-of-way and is available and adequately-improved for the parking of one (1) motor vehicle. PASSIVE ADULT USE -- The use of a building, a portion of a building, or land for the sale or rental for use off-site of films, videotapes or other materials displayed in an area that is not open to the public generally and/or from which area the owner or operator of the use excludes, or is required by law to exclude, any minor by reason of age. PERFORMING ARTS CENTER. An indoor or outdoor facility operated and maintained by a not-for-profit entity and devoted to presenting cultural entertainment through live performances in music, theater and dance, but not including Adult Uses as defined herein. PERMITTED USE. A specific use noted in Article III, - “District Schedule of Use Regulations”, of this Zoning Law to which land, lots, buildings or structures may be used, occupied or maintained under this Zoning Law as a matter of right and which may be subject to Site Plan approval. PERSON. Shall include an individual, corporation, limited liability company, partnership, limited partnership, business trust, estate, trust, association, or any other legal or commercial entity of any kind or description. PERSONAL SERVICE BUSINESS OR USE. An establishment primarily engaged in providing services involving the specialized care of a person or a person’s apparel, including but not limited to barber and beauty shops, tailor shops and exercise or dance studios, but not including “Passive Adult Uses” as defined herein.

July 2008 Draft

Article XIII.19

Definitions
PHASING. As this term is used in Article V, Section Z of this Zoning Law, clearing a parcel of land in distinct pieces or parts, with the stabilization of each piece completed before the clearing of the next. POLLUTANT OF CONCERN. As this term is used in Article V, Section Z of this Zoning Law, sediment or a water quality measurement which addresses sediment (such as total suspended solids, turbidity or siltation) and any other pollutant which has been identified as a cause of impairment of any water body that will receive a discharge from the land development activity. PRINCIPAL USE. The main or primary purpose or purposes for which land and/or structure(s) is designed, arranged, or intended or for which such land or structure(s) may be occupied or maintained under this Zoning Law. PRIVATE STABLE. A building designed and used for the feeding, housing, breeding and exercising of horses that are owned by the owner of the premises or a residential tenant thereof and/or not maintained for remuneration, hire or sale. PROFESSIONAL OFFICE. A building or portion thereof wherein services are performed involving predominantly administrative, professional or clerical operations. PROHIBITED USE. Any use which is not listed as a permitted use, Special Permit Use, or accessory use in the “District Schedule of Use Regulations” in Article II of this Zoning Law shall be considered a prohibited use hereunder. Any use listed in the “District Schedule of Use Regulations” that is not permitted or specially permitted in one or more districts within the Town of Rhinebeck is prohibited. PROTECTED OPEN SPACE. That portion of a tract that is set aside in perpetuity for the protection of sensitive natural features, farmland, forests, historic or other cultural features, scenic views, and other unique environmental resources. Protected open space may be accessible to the residents of the subdivision and/or the town, or it may contain areas of large farm, forestry or conservancy lots which are not accessible to the public and includes open space that is set aside in accordance with Article V, Section I. PUBLIC OR FRANCHISE UTILITY STATION. An essential appurtenant facility or structure within an overall utility network or system, such as an electric unit substation, municipal water pumping station or water tower, telephone relay station or sewage pumping station. PUBLIC STABLE/RIDING ACADEMY. A stable or arena used for the riding, training and performing of horses by other than the occupants of the premises or their nonpaying guests, but excluding private stables or a horse boarding or breeding facility as defined in New York State Agricultural and Markets Law. PUBLIC TERMINAL. Facilities accommodating travelers, limited for purposes of this Zoning Law to bus stations, rail passenger stations and ferry terminals. PUMP STATION, GAS. An area where motor fuels are dispensed to the motoring public, with each pump station consisting of a maximum of eight nozzles designed to serve no more than two vehicles at a time. RELIGIOUS INSTITUTION. A House of Worship with related facilities including an Educational Institution(s).

July 2008 Draft

Article XIII.20

Definitions
RESEARCH LABORATORY. Use of a building or part thereof and/or land where scientific research, development and/or experiments are conducted and which both meets and is routinely monitored for compliance with all applicable Federal, State, County and Town rules, regulations and requirements for protection of public health, safety and welfare. RESTAURANT. An establishment licensed by the Dutchess County Health Department where food and drink is prepared, served, consumed and sold primarily within the principal building or its outdoor terrace or patio area. The term “Restaurant” shall not include a “Fast Food Establishment” as defined herein. A bar or pub that also serves food shall be considered a “restaurant.” RETAIL BUSINESS. An establishment engaged in selling or renting goods or merchandise to the general public in small quantities for personal or household consumption or business use and rendering services incidental to the sale of such goods. A “gas station” or “automobile service station” shall not be considered a “retail business” nor shall a “restaurant” or other eating and/or drinking establishment of any type. ROADSIDE STAND. A temporary structure or farm vehicle whose principal use is the seasonal display and sale of agricultural products grown predominantly on the premises or elsewhere by the operator of the “roadside stand” and which uses its proximity to a roadway to attract potential customers, where agricultural products grown may be sold and purchased seasonally. ROD AND GUN CLUB. A group or association of people organized for the purpose of engaging in recreational activities, such as hunting, fishing, target shooting, trapshooting, and skeet shooting on a wholly enclosed parcel of land, conducted exclusively by and for club members and their guests, characterized by membership qualifications, payment of fees or dues and a constitution and bylaws. A “rod and gun club” shall not include operation of a shooting preserve or game or wildlife preserve. SATELLITE DISH ANTENNA. Any parabolic dish, antenna, or other devices or equipment of whatever nature or kind, the primary purpose of which is to receive television, radio, microwave or other electronic signals from space satellites. SENIOR CITIZEN OR ELDERLY HOUSING. A residential development which is developed and meets the requirements of Article VI, Section D(37) of the Zoning Law, owned by a public agency or private sponsor in which rental dwelling units or dwelling units for purchase are exclusively provided for elderly persons, aged 62 or older, and other members of the households which the