Rhinebeck Town Proposed Zoning Law Ch A136

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PROPOSED ZONING LAW

TOWN BOARD OF THE TOWN OF RHINEBECK

JULY 14, 2008 Draft

C H A P T E R A 1 3 6

The Zoning Law of the Town of Rhinebeck, Dutchess County, New York



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. Use Regulations...............................................................................................................III.1

A. ...................................................................District Schedule of Use Regulations III.1Article IV. 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.14D. ........................................................................................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.48L. .......................................................................................................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.55T. ......................................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.104. ..........................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.1712. ................................................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.2520. ......................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.3438. ....................................................................................................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.4746. ...........................................................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.5154. ..............................................................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.1A. ........................................................................................................................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.5I. ................................................................................................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.12Q. ................................................................................................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.1B. ...................................................................................................................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.11J. ..........................................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.17R. ...................................................................................................................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.1B. ..................................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. XIII.35Article XIV. 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. Town of Rhinebeck Design Guidelines

Appendix B. 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 andpromote 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.



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,” theGreenway 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.

Zoning Law Scope and Purposes

July 2008 Draft Article I.2



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 tosupplement 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





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 thedemolition 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.





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 ineach 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





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 toany 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.





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.





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. Theintent 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 moreexplicitly 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 District Name

Residential Districts

HP20 Historic Preservation

RA10 Rural Agricultural

RC6 Rural Countryside

RL5 Residential Low Density

RM1 Residential Medium Density

NR Neighborhood Residential

VG Village Gateway

Rc-H Rhinecliff Hamlet

Rc-HE Rhinecliff Hamlet Extension

Mixed-Use Districts

Rc-HT Rhinecliff Hamlet Transition

Rc-B Rhinecliff Business

TND Traditional Neighborhood Development

Commercial Districts

BP Business ParkCr-B Crossroads Business

CB-N Community Business - North

CB-S Community Business - South

Gw-N Gateway - North

Gw-E Gateway - East

Gw-S Gateway - South



Map Symbol District Name

GB General Business

ORP Office Research Park

Special Purpose Districts

RT Rail Transportation Corridor

UC Utility Corridor

LC Land Conservation

LC-S Land Conservation - Streams

LC-T Land Conservation – Trail

CIV Civic

Overlay Districts

Rc-O Rhinecliff - Overlay

Mi-O Mining - Overlay

NI-O Neighborhood Infill - Overlay

WR-O Water Resources - Overlay

FF-O Flood Fringe - OverlayFloating District

SH-F Senior Housing - Floating

Specific Area Plans

Astor Flats Traditional Neighborhood Illustrative Sketch Plan (See Article VIII)

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 numerousscenic 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 scenicassets. 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

Establishment of Zoning Districts

July 2008 Draft Article II.2



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 HistoricShorelands 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 ruraland 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





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 adjoiningdevelopment, 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





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 Villageand 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 topromote 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





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 toprovide 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 conservation-

related 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





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 small-

scale 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 withinthe 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 shouldminimize 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.





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 (SH-

F)” 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 beprovided 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. Forconvenience, 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.





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-of-

way lines of streets, highways, public utility easements, or watercourses, said boundaries shall beconstrued 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 asindicated 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 districtsubject 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 onthe 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





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.


July 2008 Draft Article I



P r o p o s e d Z o n i n

g D i s t r i c t s M a p

S o u r c e s : T a x p a r c e l s w e r e o b t a i n e d f r o m t h

e

D u t c h e s s C o

u n t y O f f i c e o f R e a l P r o p e r t y .

T h e L C - T l i n e r e

p r e s e n t i n g t h e f o r m e r

H u c k l e b u s h R a i l w a y ( o r i g i n a l l y k n o w n a s

t h e R h i n e b e c k C

& T R a i l r o a d ) r i g h t - o f - w a y

i s a n a p p r o x i m a

t e l o c a t i o n o n l y .

F i n a l

d e t e r m i n a t i o n o f t h e l o c a t i o n o f t h e t r a i l

w i l l b e m a d e o n

a p r o j e c t b y p r o j e c t b a s i s

d u r i n g P l a n n i n g

B o a r d r e v i e w .



P r o p o s e d Z o n i n

g D i s t r i c t s M a p

H a m l e t o f R

h i n e c l i f f D e t a i l

S o u r c e s : T a x

p a r c e l s w e r e o b t a i n e d f r o m t h

e

D u t c h e s s C o u

n t y O f f i c e o f R e a l P r o p e r t y .

T h e L C - T l i n e r e

p r e s e n t i n g t h e f o r m e r

H u c k l e b u s h R a i l w a y ( o r i g i n a l l y k n o w n a s

t h e R h i n e b e c k C

& T R a i l r o a d ) r i g h t - o f - w a y

i s a n a p p r o x i m a

t e l o c a t i o n o n l y .

F i n a l

d e t e r m i n a t i o n o f t h e l o c a t i o n o f t h e t r a i l

w i l l b e m a d e o n

a p r o j e c t b y p r o j e c t b a s i s

d u r i n g P l a n n i n g

B o a r d r e v i e w .



P r o

p o s e d W a t e r R e s o u r c e

s O v e r l a y ( W R - O )

D i s t r i c t M a p

T h e w e t l a n d s s h o w n a r e t h e

a p p r o x i m a t e l o c a t i o n o f t h e a c t u a l

b o u n d a r i e s o f t h e w e t l a n d s

. F o r a f i n a l d e t e r m i n a t i o n o f t h e

a c t u a l l o c a t i o n o f a D E C w e t l a n d i t i s n e c e s s a r y t o c o n t a c t t h e

N Y S D E C o f f i c e . F i n a l d e t e r m i n a t i o n o f t h e a c t u a l l o c a t i o n o f a

N W I w e t l a n d w i l l b e m a d e d u r i n g p r o j e c t r e v i e w

b y t h e

P l a n n i n g B o a r d a n d m a y r e q u i r e c o n t a c t w i t h t h e A r m y C o r p s

o f E n g i n e e r s f o r a j u r i s d i c t i o

n a l d e t e r m i n a t i o n .



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 aresubject 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.

S 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.

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



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.

Use Regulations

July 2008 Draft Article III.2



District Schedule of Use Regulations

Uses Districts

H i s t o

r i c P r

e s e r v a t i o

n ( H

P 2 0 )

R u r a l A

g r i c u l t u

r a l ( R A

1 0 )

R u r a l C

o u n t r y s i d e

( R C 6 )

R e s i d e

n t i a l L

o w D e n s i t y

( R L 5 )

R e s i d e

n t i a l M

e d i u

m D e

n s i t y

( R M 1

N e i g h b

o r h o

o d R e s i d e

n t i a l ( N R )

V i l l a

g e G a

t e w a

y ( V G

)

T r a d i t i o

n a l N

e i g h b

o r h o

o d ( T N D )

R h i n

e c l i f f H

a m l e t ( R c - H )

R h i n

e c l i f f H

a m l e t E

x t e n s i o

n ( R

c - H

R h i n

e c l i f f H

a m l e t T r

a n s i t i o

n 4 ( R

c -

R h i n

e c l i f f B

u s i n

e s s ( R c

- B )

B u s i n e

s s P a

r k ( B P )

C r o s s r o a d s B u

s i n e s s ( C r

- B )

C o m m u n i t y

B u s i n e

s s - N

o r t h

( C B -

C o m m u n i t y

B u s i n e

s s - S o u t h

( C B -

G a t e

w a y

- N o r t h

( G w - N )

G a t e

w a y

- E a s t ( G w - E )

G a t e

w a y

- S o u t h

( G w - S )

G e n e

r a l B

u s i n

e s s ( G

B )

O f fi c

e R e s e a r c h P a

r k ( O R

P )

R a i l T r

a n s p o r t a t i o

n ( R T )

U t i l i t y

C o r r i d

o r ( U

C )

L a n d

C o n s

e r v a t i o

n 3 ( L C

)

C i v i c ( C I V )

N e i g h b

o r h o

o d I n fi l l O

v e r l a

y ( N

I - O )

W a t e r R e

s o u r c e

O v e r l a

y ( W

R - O )

M i n i n

g O v

e r l a

y 5 ( M i - O )

S e n i o r H

o u s i n g

F l o a t i n

g ( S H

- F )

S p e c i a l R

e q u i r e m e n t s

Residential UsesAlternate care housing facility S* S* S* S* — — S* — — — — — — — — — — — — — — — — — — — S* — — VI.D(8)

Congregate housing — — — — — — — — — — — — — — — — — — — — — — — — — — S* — S*

Conservation subdivision development P P P P P P P P P P P P P P P P P P P P P — — — — P S* — S * V.I

Conventional subdivision development S S S S P P P P P S — P S S S S S S S S S — — — — S* S* — — VI.D(28)

Cottage dwelling — — — — — — — P* — — — — — — — — — — — — — — — — — — S* — S* VIII.R

Enriched housing for the elderly/Assisted Living S* S* S* S* S* — S* — S* S* — — — — — — — — — — — — — — — — S* — — VI.D(36)

Live-work unit — — — — — — — P* — — — — — — — — — — — — — — — — — — S* — — VII.R

Mixed use — — — — — — — P* — — S* S* — — — — — — — — — — — — — — S* — — VI.D(30)

Multi-family (by conversion) S* S* S* S* P* — P* P* — — — — — — — — — — — — — — — — — — S* — P* VI.D(3)

Multi-family (new construction) — — S* — S* — S* P* — — — — — — — — — — — — — — — — — — S* — S* VI.D(2)

Guest Cottage S* S* S* S* — — — — — — — — — — — — — — — — — — — — — — S* — S* VI.D(51)

One-family dwelling (existing) P P P P P P* P* P P P P P — — — — — — — — — — — — — P S* — —

One-family dwelling (expansion) P P P P P P* P * P * S * S* P P — — — — — — — — — — — — — P S* — — VI.D(30)

One-family dwelling (new construction) P P P P P P* P* P* S* S* P P — — — — — — — — — — — — — P S* — — VI.D(30)

Rowhouse or townhouse — — — — — — — P* — — — — — — — — — — — — — — — — — — S* — S* VI.D(37)

Senior citizen or elderly housing — — — — — — — — — — — — — — — — — — — — — — — — — — S* — S* VI.D(37)

Two-family dwelling (by conversion) S* S* S* S* S* — S* S* S* S* S* S* — — — — — — — — — — — — — P* S* — — VI.D(1)

Two-family dwelling (new construction) P* P* P* P* P* — P* P* S* S* — — — — — — — — — — — — — — — P* S* — S VI.D(1)

Accessory Uses1

Accessory dwelling unit (detached) S S S S S — — P* S* S* — — — — — — — — — — — — — — — S* S* — — VI.D(5)

Accessory dwelling unit (within principal structure) S S S S S S* P* P* P* S S — — — — — — — — — — — — — S* S* — — VI.D(4)

Bed & Breakfast (by conversion) S* S* S* S* S* — S* P* S* S* S* S* — — — — — — — — — — — — — S* S* — — VI.D(42)

Customary accessory uses P/S P/S P/S P/S P/S P/S P/S P/S P/S P/S P/S P/S P/S P/S P/S P/S P/S P/S P/S P/S P/S P/S P/S P/S P/S P/S S* P/S S*

Elder cottage housing (ECHO) or Cottage dwelling unit S* S* S* S* S* — — — — — — — — — — — — — — — — — — — — S* S* — — VI.D(6)

Home occupation – class 1 P P P P P P P P P P P P — — — — — — — — — — — — — P S* — —

Home occupation – class 2 S* S* S* S* S* — S* S* S* S* S* S* — — — — — — — — — — — — — S* S* — — VI.D(7)

Three or more accessory buildings (other than farms) S* S* S* S* S* S* S* S* S* S* S* — — — — — — — — — — — — — — — S* — — VI.D(5)

General UsesAgriculture P P P P P — — — P P — — P P P P P P P P P P P P P P P P P V.O

Animal husbandry P P P P S* — — — S* S* — — — — — — — — — — — — — — — — S* P — VI.D(30)

Cemetery S* S* S* S* — — — — — — — — — — — — — — — — — — — — — — S* — — VI.D(9)

Children’s camp or adult day camp S* S* S* — — — — — — — — — — — — — — — — — — — — — — — S* — — VI.D(19)

Civic Uses P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* S* P* P*

Communications facility & tower — S* S* — — — — — — — — — — — — — — — — — — — — — — — S* — — VI.D(54)

Conservation P P P P P P P P P P P P P P P P* P P P P P P P P P P P —

Educational institution S* S* S* — — — — — — — — — — — — — — — — — — — — — — — S* — — VI.D(14)

Extractive operations & mining — — — — — — — — — — — — — — — — — — — — — — — — — — S* S* — VI.D(32)

Fairground & related uses — — S* — — — — — — — — — — — — — — — — — — — — — — — S* — —

Farm market S* S* S* — — — — P* — — — — — P* P* — P* P* — P* — — — — — — S* — — VI.D(35)

Forestry P P P P P — — — P P — — P P P P P P P P P — P P P P P P —

Funeral home — S* S* — — — — — — — — — — — P* P* — — — — — — — — — — S* — — VI.D(45)

Golf course or country club with a golf course S* S* S* — — — — — — — — — — — — — — — — — — — — — — — S* — — VI.D(41)

Government building P* P* P* — S* — — P* — — S * P* P* P* P* P* P* P* P* — — — — — — — S* — — III.A

Horticulture P P P — — — — — — — — — — P P* — — — — P* — — — — — — P P —

Hospital — S* S* — — — — — — — — — — — — — — — — — — — — — — — S* — — VI.D(15)

House of worship S* S* S* S* — — — P* — — — — — — — — — — — — — — — — — — S* — — VI.D(10)

Library, museum or performing arts center S* S* S* — — — — P* S* S* S* S* S* — — — — — S* — — — — — — S* — — VI.D(12)

Note:P -- Permitted Principal UseS -- Special Permit Use* - Site Plan approval required— -Prohibited Use July 2008 Draft Arti




Uses Districts

H i s t o

r i c P r

e s e r v a t i o

n ( H

P 2 0 )

R u r a l A

g r i c u l t u

r a l ( R A

1 0 )

R u r a l C

o u n t r y s i d e

( R C 6 )

R e s i d e

n t i a l L

o w D e n s i t y

( R L 5 )

R e s i d e

n t i a l M

e d i u

m D e

n s i t y

( R M 1

N e i g h b

o r h o

o d R e s i d e

n t i a l ( N R )

V i l l a

g e G a

t e w a

y ( V G

)

T r a d i t i o

n a l N

e i g h b

o r h o

o d ( T N D )

R h i n

e c l i f f H

a m l e t ( R c - H )

R h i n

e c l i f f H

a m l e t E

x t e n s i o

n ( R

c - H

R h i n

e c l i f f H

a m l e t T r

a n s i t i o

n 4 ( R c

-

R h i n

e c l i f f B

u s i n

e s s ( R c

- B )

B u s i n e

s s P a

r k ( B P )

C r o s s r o a d s B u

s i n e s s ( C r

- B )

C o m m u n i t y

B u s i n

e s s

- N o r t h

( C B -

C o m m u n i t y

B u s i n

e s s

- S o u t h

( C B -

G a t e

w a y

- N o r t h

( G w - N )

G a t e

w a y

- E a s t ( G w - E )

G a t e

w a y

- S o u t h

( G w - S )

G e n e

r a l B

u s i n

e s s ( G

B )

O f fi c

e R e s e a r c h P a

r k ( O R

P )

R a i l T r


n ( R T )

U t i l i t y

C o r r i d

o r ( U

C )

L a n d

C o n s

e r v a t i o

n 3 ( L C

)

C i v i c ( C I V )

N e i g h b

o r h o

o d I n fi l l O

v e r l a

y ( N

I - O )

W a t e r R e s o u

r c e O v e r l a

y ( W

R - O )

M i n i n

g O v

e r l a

y 5 ( M i - O )

S e n i o r H

o u s i n g

F l o a t i n

g ( S H

- F )

S p e c i a l R


Major excavation and/or tree clearing S* S* S* S* S* S* S* S* S* S* S* S* S* S* S* S* S* S* S* S* S* S* S* S* S* S* S* S* S* VI.D(40)

Marina, boat club, dock, ramps, boathouse, mooring S* — — — — — — — — — — — — — — — — — — — — — — — — — S* — — VI.D(48)

Medical or dental clinic — — — — — — — P* — — — — P* S* P* P * P* — P* S* — — — — — — S* — —

Not-for-profit/non-commercial outdoor recreation S* S* S* — — — — — S* S* — — — — — — — — — — — S* — — S* — P — — VI.D(16)

Not-for-profit membership club S* S* S* — — — — — S* S* — — — — — — — — — — — — — — — — S* — — VI.D(18)

Nursery school or day care facility S* S* S* S* S* S* S* P* S* S* — — — — — — — — — — — — — — — S* S* — — VI.D(13)

Private stable P P P P — — — — — — — — — — — — — — — — — — — — — — S — —

Public or franchise utility station/structure — S* S* — — — — — — — — — — — — — — — — — — — P* — — — S* — — VI.D(33)

Public stable/riding academy S* S * S * — — — — — — — — — — — — — — — — — — — — — — — S* — — VI.D(27)

Public Terminal — — — — — — — S* — — S* — — — — — — — — — — — — — — S* — —

Rail transportation — — — — — — — — — — — — — — — — — — — — — S — — — — S* — —

Roadside stand (seasonal use) P* P P P P — — — P P — — — — — — — — — — — — — — — S * P — —

Rod & gun club — — S* — — — — — — — — — — — — — — — — — — — — — — — S* — — VI.D(17)

Saw mill & related uses — — S * — — — — — — — — — — — — — — — — — — — — — — — S * — — VI.D(47)

Town/Village of Rhinebeck Uses P* P* P* — — — — P* — — — — — — — — — — — — — — — — P* — S* — —

Veterinarian’s office S* S* S* — — — — — — — — — S* — S* S* — — — — S* — — — — — S* — — VI.D(46)

Business & Service UsesAntiques shop — — — — — — — P* — — S* S* P* — — P* — — — — — — — — — — S* — —

Apparel and home goods — — — — — — — P* — — S * S* P* — — P * — — — — — — — — — — S* — —

Artisans shop and gallery — — — — — — — P * — — S* S* P* — — P* — — — — — — — — — — S * — —

ATM Banking machine (indoor only) — — — — — — — S* — — — S* P* — — P* — — — — — — — — — — S* — — VI.D(36)

ATM Banking machine accessory to a Bank — — — — — — — S* — — — S* P* — — P* — — — — — — — — — — S* — — VI.D(36)

Auto body shop — — — — — — — — — — — — — — — S* — — — — — — — — — — S* — — VI.D(25)

Auto rental or sales — — — — — — — — — — — — S* — — — — — — — — — — — — — S* — — VI.D(25)(29)

Bake shop — — — — — — — P* — — S* S* — — S* S* — — — — — — — — — — S* — — VI.D(30)

Bank — — — — — — — P* — — — — P* S* P* P* — — — S* P* — — — — — S* — —

Bicycle shop — — — — — — — P* — — S* S* P* — — — — — — — — — — — — S* — — VI.D(30)

Bookstore — — — — — — — P* — — S* S* — — — P* — — — — — — — — — — S* — — VI.D(30)

Building materials — — — — — — — S* — — — — — — — — — — — — — — — — — — S* — — VI.D(20)

Bus garage — — — — — — — — — — — — — — — — — — — — S* — — — — — S* — — VI.D(50)

Business or professional Office — — — — — — — P* — — S* P* P* S* P* P* P* — P* S* P* — — — — — S* — —

Business service (not listed elsewhere) — — — — — — — P* — — S* P* P* S* P* P* — — — S* P* — — — — — S* — —

Commercial boarding or breeding kennel — S* S* — — — — — — — — — — — — — — — — — — — — — — — S* — — VI.D(21)

Commercial recreation facility — — — — — — — — — — — — S* — — — — — — — S* — — — — — S* — — VI.D(43)

Conference center S* S* — — — — — S* — — — — — — — — — — — — — — — — — — S* — — VI.D(22)

Contractor’s yard or establishment S* S* S* — — — — — — — — — S* — — — — — — — — — — — — — S* — — VI.D(31)

Country Inn 1 S* S* S* — — — — P* — — — — — — — — — — — — — — — — — — S* — — VI.D(38)

Country Inn 2 S* — — — — — — — — — — — — — — — — — — — — — — — — — S* — — VI.D(39)

Delicatessen — — — — — — — P* — — S* S* — — P* P* — — P* — — — — — — — S* — — VI.D(23)

Dry Cleaning/Self-service laundry — — — — — — — S* — — — — — — — S* — — — — — — — — — — S* — —

Fast food establishment — — — — — — — S* — — — — — — — — — — — — — — — — — — S* — — VI.D(44)Florist shop — — — — — — — P* — — S* S* — — — — — P* — — — — — — — — S* — —

Food and grocery store — — — — — — — P * — — S* S* — — — — — — — — — — — — — — S * — — VI.D(24)

Gas station — — — — — — — — — — — — — S* — — — — — — — — — — — S* — — VI.D(25)

Hamlet recreation — — — — — — — — — — S * S* — — — — — — — — — — — — — — S* — — VI.D(30)

Home furnishings/appliances — — — — — — — S * — — — — P * — — P* — — — — — — — — — — S * — —

Hotel — — — — — — — P* — — — S* — — — — S* — — — — — — — — — S* — — VI.D(26)

Large Equipment rental or sales — — — — — — — — — — — — — — — — — — — — S* — — — — — S* — — VI.D(25)(29)

Light manufacturing — — — — — — — — — — — — S* — — — — — — — S* — — — — — S* — — VI.D(52)





Uses Districts

H i s t o

r i c P r

e s e r v a t i o

n ( H

P 2 0 )

R u r a l A

g r i c u l t u

r a l ( R A

1 0 )

R u r a l C

o u n t r y s i d e

( R C 6 )

R e s i d e

n t i a l L

o w D e n s i t y

( R L 5 )

R e s i d e

n t i a l M

e d i u

m D e n

s i t y ( R M

1

N e i g h b

o r h o

o d R e s i d

e n t i a

l ( N R )

V i l l a

g e G a

t e w a

y ( V G

)

T r a d i t i o

n a l N

e i g h b

o r h o

o d ( T N D )

R h i n

e c l i f f H

a m l e t ( R c

- H )

R h i n

e c l i f f H

a m l e t E

x t e n s i o

n ( R c

- H

R h i n

e c l i f f H

a m l e t T r

a n s i t i o

n 4 ( R c

-

R h i n

e c l i f f B

u s i n

e s s ( R

c - B )

B u s i n e

s s P a

r k ( B P

)

C r o s s r o a d s B u s i n

e s s ( C r

- B )

C o m m u n i t y

B u s i n e

s s - N

o r t h

( C B -

C o m m u n i t y

B u s i n e

s s - S o u t h

( C B -

G a t e

w a y

- N o r t h

( G w - N )

G a t e

w a y

- E a s t ( G w

- E )

G a t e

w a y

- S o u t h

( G w - S )

G e n e

r a l B

u s i n

e s s ( G B

)

O f fi c

e R e

s e a r c h

P a r k ( O R

P )

R a i l T r


n ( R T )

U t i l i t y

C o r r i d

o r ( U

C )

L a n d

C o n s

e r v a t i o

n 3 ( L C

)

C i v i c ( C I V )

N e i g h b

o r h o

o d I n fi l l O

v e r l a

y ( N

I - O )

W a t e r R e

s o u r c e

O v e r l a

y ( W

R - O )

M i n i n

g O v

e r l a

y 5 ( M i - O )

S e n i o r H

o u s i n g

F l o a t i n

g ( S H

- F )

S p e c i a l R


Limousine or taxi — — — — — — — — — — — — — — — S* — — — — — — — — — — S* — —

Motel — — — — — — — — — — — — — — — — S* — S* — — — — — — — S* — — VI.D(26)

Nursery — — — — — — — — — — — — P* — — P* — P* — — P* — — — — — S* — —

Non-motorized water sports shop — — — — — — — — — — S* S* — — — — — — — — — — — — — — S* — —

Passive adult use — — — — — — — — — — — — — — — — — — — — S * — — — — — S* — — VI.D(49)

Personal service (not listed elsewhere) — — — — — — — — — — S* S* S* — S* S* — — — — — — — — — — S* — —Public garage — — — — — — — P* — — — — — — — — — — — — — — — — — — S* — —

Repair or machine shop — — — — — — — — — — — — S * — — — — — — — — — — — — — S * — — VI.D(25)

Research laboratory — — — — — — — — — — — — — — — — — — — — S* — — — — — S* — —

Restaurant — — — — — — — P* — — S* S* S* — — S* — — — S* — — — — — — S* — — VI.D(44)

Retail business (not listed elsewhere) — — — — — — — P* — — — — P* — — P* — — — — — — — — — — S* — —

Small equipment rental or sales — — — — — — — — — — — — S* — — — — — — — — — — — — — S* — —

Surface parking lot — — — — — — — S* — — — — — — — — — — — — — — — — — — S* — —

Warehouse including self-storage — — — — — — — — — — — — — — — — — — — — S* — — — — — S* — — VI.D(34)

Wholesale business — — — — — — — — — — — — S* — S* S* — — — — — — — — — — S* — —

Footnotes:

1. Except for uses accessory to a dwelling unit, anyuse which is accessory to a special permit use shall

also be a special permit use. Any use which isaccessory to a permitted use shall also be a permitted

use.

2. Permitted and special permit uses in the Rhinecliff Overlay (Rc-O) district supercede the uses permitted in

the underlying zoning district. Ar ticle VI, Section Eshould be examined carefully for special regulations

governing uses, and the need for Site Plan and SpecialUse Permit approval, regardless of the requirements of the underlying Zoning District. In the event of a

conflict, the more restrictive use shall apply.

3. The LC District uses shown are inclusive of the LC-S and LC-T districts. Within the LC-T District, "Not-for-

Profit/Non-commercial Outdoor Recreation" is aPermitted (P) use.

4. Uses in the Rhinecliff Hamlet Transition (Rc-HT)

district are subject to the requirements of Article VI,Sections E and F.

5. In the Mining Overlay District, the underlying uses

in the RC6 District are also permissible in the Overlay




Town of Rhinebeck: District Schedule of Area and Bulk Regulations (July 2008)

Minimum Building Setbacks Minimum Parking Setbacks Zoning

District

Maximum

Density Front Side Rear Front Side Rear

Maximum

Building

Heighti

Maximum

Coverageii

Minimum

Lot Width

Minimum

Lot

Frontage

Minimum

Open

Space

HP20 1 du/20

acres

200’ 150’ 100’ 100’ 50’ 50’ 35’ 5% 500’ 500’ 80%

RA10 1 du/10

acres

150’ 100’ 75’ 50’ 20’ 20’ 35’ 7% 400’ 400’ 80%

RC6 1 du/60

acres 100’ 50’ 50’ 25’ 5’ 5’ 35’ 7% 400’ 240’ 75%

RL5 1 du/5 acres 100’ 50’ 50’ 25’ 5’ 5’ 35’ 7% 400’ 240’ 75%

RM1 1 du/1 acre 50’ 20’ 25’ 25’ 5’ 5’ 35’ 10% 150’

interior

100’ 65%

NR 1 du/6,000

sq. ft.

10’ Min.

25’ Max.

10’ 25’ - - - 35’ 30% 60’ 60’ --

VG 1 du/6,000

sq. ft.

10’ Min.

25’ Max.

10’ 25 - - - 35’ 30% 60’ 60’ --

TND See Article VIII for special Area and Bulk Regulations that apply in the Traditional Neighborhood Development District

Rc-H iii See Article VI, Section E for special Bulk Regulations that apply in the Rhinecliff – Hamlet District

Rc-HT See Article VI, Section F for special Bulk Regulations that apply in the Rhinecliff – Hamlet Transition District

Rc-HE 1 du/1 acre 50’ 20’ 25’ 25’ 5’ 5’ 35’ 10% 150’ interior 240’ 65%

Rc-B 1/10

acre/est.

FAR of 0.75

10’ 0’ or 5’

ea.

10’ 10’ - - 35’ 50% 50’ 50’ 20-%

BP 3 acres/est. 100’ 35’ ea. 100’ 100’ 5’ 5’ 35’ 15% 350’ 350’ 35%

Cr-B 1 acre/est. 60’ 60’ total

20’ min.

50’ 30’ 20’ 20’ 35’ 10% 200’ 200’ 45%

CB-N 1 acre/est. 60’ 60’ total

20’ min.

50’ 30’ 20’ 20’ 35’ 10% 200’ 200’ 45%

CB-S 1 acre/est. 60’ 60’ total

20’ min.

50’ 30’ 20’ 20’ 35’ 10% 200’ 200’ 45%

Gw-N 1 acre/est. 60’ 60’ total 20’ min. 50’ 30’ 20’ 20’ 20’ 1 story 10% 200’ 200’ 45%

Gw-E 1 acre/est. 60’ 60’ total

20’ min.

50’ 30’ 20’ 20’ 20’

1 story

10% 200’ 200’ 45%

Gw-S 1 acre/est. 60’ 60’ total

20’ min.

50’ 30’ 20’ 20’ 20’

1 story

10% 200’ 200’ 45%

GB ! acre/est.

FAR of 0.3

50’ 30’ total

10’ min.

25’ 30’ 20’ 20’ 35’ 15% 100’

interior

150’corner

100’

150’

35%

ORP 6 acres/est. 200’ 50’ ea. 200’ 200’ 20’ 20’ 35’ 15% 400’ 400’ 40%

LC 5 acres See Article V, Section O for special bulk requirements and guidelines for agricultural structures and uses

iSee Article V, Section M for special building height accommodations for solar and wind energy systems.

iiSee Articles V and VI for special lot and impervious surface coverage requirements.

iiiSee Article VI, Section E for special bulk restrictions that apply.



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.



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 surroundingcommunity.

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 aresidential 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

Area and Bulk Regulations

July 2008 Draft Article IV.2



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) feethigher 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.





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, inthe 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.





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 thesubdivision, 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, shouldconsider 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,





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 Areaand 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 conventionalsubdivision, 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 thisparagraph, 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





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 anextremely 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 StateDepartment of Environmental Conservation.





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 thedensity 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



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 shallcause or create a steady-state or impact vibration displacement by frequency bands in excess

of that indicated in the following table:

Supplementary Regulations

July 2008 Draft Article V.



Vibration Displacement

Frequency(cycles per second)

Steady-State(inches)

Impact(inches)

Under 10 0.0005 0.001

10 to 19 0.0004 0.0008

20 to 29 0.0003 0.0006

30 to 39 0.0002 0.0004

40 and over 0.0001 0.0002

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;





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, scenichistoric, 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.





The Planning Board may require applicants to address alternatives for reducing vehicle use,

parking demand and housing costs by limiting the number of parking spaces to less than

the maximums identified herein.

Schedule of Off-Street Parking Space Standards

Use Typical Parking SpaceGeneration Rates

Loading Spaces Required

One-family dwelling 2 / dwelling unit None

Two-family dwelling 1.5 spaces / 1 bedroom unitplus 2 spaces / 2 bedroom unit

None

Accessory dwelling 1 / dwelling unit None

Multi-family dwelling 1.5 / dwelling unit None

Senior citizen or other elderlyhousing

0.33 / resident None

Home occupation 1 / 500 square feet of GFA

devoted to the homeoccupation

None

Congregate housing 0.65 space / 1 bedroom unitplus 0.85 space / 2 bedroomunit

None

Townhouse or Rowhouse 1 space / 1 bedroom unit plus1.25 spaces / 2 bedroom unit

None

Convenience retail, such asgrocery or video stores

4 / 1,000 square feet GFA Same as general retail

Farm markets & roadsidestands

4 / 1,000 square feet GFA Same as general retail

General retail, such as florists

or appliance sales

3.3 / 1,000 square feet of GFA

Hard goods such as hardwareor building products

2.5 / 1,000 square feet GFAinterior sales space plus 1.5 /1,000 square feet interiorstorage

Same as general retail

Motor vehicle sales and service 2.5 / 1,000 square feet GFAinterior sales space plus 1.5 /1,000 square feet of externaldisplay (does not include stockareas closed to the public) plus3 / service bay

Same as light manufacturing

Other Retail/service uses As determined by the PlanningBoard

Same as general retail

Personal serviceestablishments

2 / treatment station but notless than 4 / 1,000 square feetGFA

None

Service retail 2.4 / 1,000 square feet GFA Same as general retail

Delicatessen or Restaurant 12 / 1,000 square feet NUAplus any spaces required forbanquet and meeting rooms





Use Typical Parking SpaceGeneration Rates

Loading Spaces Required

Business and professionaloffices

3.6 / 1,000 square feet GFA

Funeral homes 1 / 3 persons accommodatedat capacity plus one per 2

employees

1 / chapel which shall be 10feet wide, 20 feet long, and

seven and one-half feet (7½’)high

Medical, dental or veterinaryoffices

6 / 1,000 square feet GFA forGFA up to 5,000 square feet;5.5!/!1,000 square feet NUAfor buildings with GFA over5,000 square feet

Light manufacturing 2 / 1,000 square feet GFA plusany required spaces for offices,sales, or similar use or asspecial conditions may require

1 / 10,000 square feet up to50,000 square feet GFA plusone for each 50,000 squarefeet thereafter or as specialconditions require

Wholesale businesses 0.5 / 1,000 square feet GFAplus any required spaces for

offices, sales, or similar use oras special conditions mayrequire

1 / 50,000 square feet GFA

Children’s Camp or day camp 1 / 2 members oraccommodations (whichever isgreater)

None

Not-for Profit MembershipClubs

1 / 1,000 square feet GFA butnot less than 1 / 5 seats

None

Hospitals 0.4 / employee plus 1 / 3 bedsplus 1 / 5 average dailyoutpatient treatments plus 1 / 4members of medical staff


Educational Institutions, publiclibraries, museums, state-accredited private schools

To be established by thePlanning Board based on astudy of parking needsprepared specifically for thesubject institution

To be established by thePlanning Board based on astudy of loading space needsprepared specifically for thesubject institution

Nursery school or day care 1 / employee plus 0.1 / personof capacity enrollment plusdrop-off spaces equal to onefor each 8 enrollees permitted

None

Other place of public assembly 0.25 / person in permittedcapacity


Recreational facility 0.33 / person in permittedcapacity


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.





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 usingthe 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. Rain gardens and bioretention;

b. Rooftop gardens;

c. Vegetated swales, buffers, and strips;

d. Tree preservation;

e. Roof leader disconnection;

f. Rain barrels and cisterns;

g. Permeable pavers, permeable asphalt, permeable concrete;h. Soil amendments;

i. Impervious surface reduction and disconnection;

j. Pollution prevention and good housekeeping;

k. Sidewalk storage;

l. Planter boxes;

m. Tree box filters;

n. 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





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 TraditionalNeighborhood 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 leastone 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.





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.





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) toten (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. 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.

j. Landscaping should be used to delineate vehicular and pedestrian patterns. Clear and

legible signs, different color and texture paving materials, raised or inverted areas, and

other techniques should be used to further direct the f low 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 toand 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



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



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, orany 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 theprincipal 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.





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 inany 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 accessto 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 inanother 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.





C. Sign Regulations.


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 smallbusinesses, 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 RoadsHandbook (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.





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 theplacement 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.





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 insize.

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 beremoved 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 displayedon 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. One sign, not exceeding 16 square feet in area, on a farm or farm stand premises.

j. 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





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 f lags, “life-

like” plastic or inflatable toys or decorations, or similar moving or f luttering devices, except

those exempt under Article V Section C(6).

i. Rotating signs, including all signs and devices that are not permanent in their orientation.

j. 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 ordriveway 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 theZoning 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 existingsigns 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:





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 signarea 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.





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 apublic 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





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 theconsent 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





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.





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.

iii. The Planning Board may require that landscaping be

used at the base of a freestanding sign if such

landscaping will make the sign more compatible with

the surrounding area. In accordance with the

requirements of Article V, 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 Signsa. 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

Sign lettering ismeasured by

calculating thisshaded area







Fair Market Value on Date of

Notice of Removal Requirement

Minimum Years

Allowed

Under $1,999 3

$2,000 to $3,999 4

$4,000 to $5,999 6$6,000 to $7,999 7

$8,000 to $9,999 9

$10,000 and over 10

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 beenrendered.




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 lotline 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





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 othersimilar 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 DEC-

classified stream within the Town of Rhinebeck;





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





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 f loor 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 characterthereof 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, andother 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.





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. Motor boat sales and/or service.

j. 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 adetailed 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.





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 developmentthan 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, f loodplains, 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. 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;

j. To promote development in harmony with the goals and objectives of the Town’s

Comprehensive Plan; and





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 UseRegulations.

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 Planas 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





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.





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 alsopermitted in conservation subdivisions, provided common areas are in condominium or

cooperative ownership for single-family attached dwellings or unified ownership for multi-

family 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 withthe 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





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 forinformal 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.





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 forthe 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;





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 parcelboundaries, 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.





(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 NationalHistoric 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 andcomplying 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 siteinspection, to create a prioritized list of resources to be conserved. On the basis of

those priorities and practical considerations given to the tract's configuration, its

context in relation to resource areas on adjoining and neighboring properties, and the

applicant's development objectives, Secondary Conservation Areas shall be delineated

(see Figure 1b) to meet at least the minimum area percentage requirements for open

space lands and in a manner clearly indicating their boundaries as well as the types of

resources included within them. Calculations shall be provided indicating the





applicant's compliance with the acreage requirements for open space areas on the tract.

The result is shown on Figure 1c, potential development areas. If the secondary

conservation areas include active agricultural lands or contain soils classified within

soil group 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.

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.

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



1a. Primary Conservation Areas include: Freshwater wetlands and ponds

Steep slope areas of 25% or more100 year floodplains

StreamsBiodiversity conservation areas

Agricultural landPrime farmland soils in groups 1-3

Hydric soilsHistoric and pre-historic sites or structures



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 withrespect 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 lotsand 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



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 theminimum 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 DistrictMinimum Required

Open Space

HP20 80%

RA10 80%

RC6 65%

RL5 60%RM1 40%

Other Residential Districts 20%

ORP 50%

BP 40%

Other Non-residentialDistricts 20%

Figure 3: Align Streets and Trails Figure 4: Draw in the Lot LInes



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: 10 feet

Rear yard: 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 f loodplain, 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 theproperty that would ordinarily be overlooked or ignored during the design process such as

agricultural lands, woodlands, significant natural areas and features, stone walls, rock

outcrops, hedgerows, meadows, historic structures and sites, historic rural corridors, scenic

viewsheds, scenic roads and trails. Secondary Conservation Areas shall be included in the

required open space area to the greatest extent practical such that protecting these resources

will, in the judgment of the Planning Board, achieve the purposes of this section. The

applicant shall demonstrate that Primary and Secondary Conservation areas will be





protected by identifying and delineating building envelopes and home sites on the

proposed Subdivision plan.

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 totime.

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 non-

agricultural 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:





SetbackZoning District

HP20 RA10 RC6 R5A Others

From all external roadultimate right-of-ways 200 ft. 200 ft. 150 ft. 100 ft. 100 ft.

From all other parcel

boundaries 100 ft. 100 ft. 50 ft. 50 ft. 50 ft.

From agricultural lands, asdefined herein at Section I(9)(d)

200 ft. 200 ft. 200 ft. 200 ft. 200 ft.

From buildings or barnyardshousing livestock 300 ft. 300 ft. 300 ft. 300 ft. 300 ft.

From active recreation areas,but not including “tot” lots 150 ft. 150 ft. 150 ft. 150 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 featuresinclude 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





(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 andmeadows 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 andlocal 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.





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 forthe 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 suchrequirements 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 commongreen 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





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 asnecessary 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





excluding motorized off-road vehicles, rif le 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 andcommon 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 beoperating (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.





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 reasonableconditions 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.





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.





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 systemis 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:





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 supportstructures 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 morethan 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 NonresidentialZones. 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)





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 indetermining 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-of-

way, shall not be located within the required front yard and shall be obscured from view from

such residential Zoning districts and public rights-of-way in an effective manner, as determined

by the Planning Board.

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.





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-to-

market” 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 nearestneighboring 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 otherpotential 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





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 longas 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-of-

way and roadways. On this map, show the existing features of the site including land

and water areas, water and/or sewer systems and the approximate location of all

existing structures on or immediately adjacent to the site.





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 landshall 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.





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 unableto 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 traileror 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 Townof 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.





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 basedupon 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 thissection 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 WaterResources 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 UsePermit 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:





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.





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 f lowing 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 areais 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





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 becertified 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.





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, sitesbordering 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’ssignificant 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





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 andhilltops 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





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 belimited 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 forthe 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 60-

feet for each 2,500 square feet of lot or parcel area, provided, however, that this

requirement shall not require any single-family residential lot to contain more than

eight trees unless growing naturally on the site. Trees installed to meet the

requirements of this subsection 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 plantingseason 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





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


(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 preparedpursuant 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





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 establishedherein. 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 requirementsfound 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 identifiedin 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.





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; toprotect 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.





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. 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 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 f lags 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.





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 throughthe 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 Shielded

High Pressure Sodium, Low PressureSodium, Fluorescent, and Incandescent of

2000 lumens or moreFULLY

Any light source of less than 2000 lumens NONE

Other sources As approved by thePlanning 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.







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 intoconformance 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. Unlessaccessory 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

Lighting Type ColorRecommended

UsesComments

IncandescentFull spectrum, white

light

Infrequently usedlighting, occupantsensor activated

lighting

Most common but mostenergy inefficient ofcommon lamp types

Fluorescent Clear white light

Residentiallighting,

walkways,building

entrances

Excellent colorrendition, energy

efficient, andinexpensive





Table 2

High Pressure

SodiumYellowish cast

Sports fields,parking,

roadways

Recommended onlywhere light distribution

is valued more thanappearance; can

negatively affectvegetation

Low Pressure

SodiumMonochromatic

Roadways,walkways,

parking, securitylighting

One of the most energyefficient but

recommended onlywhere color rendering

is not important

Light-emitting

Diodes (LED)

Variable, especially

when digitallycontrolled

Area,architectural,

walkway,landscaping &flood lighting,

The emergingtechnology for LEDlighting is eventuallyexpected to eclipse

traditional lighting dueto long life, broadapplication andhighest energy

efficiency

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. Maintenance. Lighting fixtures shall be maintained so that they always meet the

requirements of this Section.s. 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 thecommunity. 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.





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 importantcontribution 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 theScenic Roads Handbook

(see Appendix ___ of the Town’sComprehensive 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, andstreams, 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





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 andforestry 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 non-

residential 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 minimumone (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.





(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 EnforcementOfficer 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 asperennials and annuals and other materials such as rocks, water, walls, fences, paving

materials and street furniture, shall be encouraged to create pedestrian scale spaces and to

maintain a landscape continuity within the community as determined by the Planning

Board. All landscaping within the site shall be designed to facilitate conservation of the

environment and preservation of community aesthetic character. This shall be

accomplished through the inclusion of native plant material and the retention of existing

natural vegetation, thereby reducing or eliminating the need for irrigation, pesticides,





herbicides, and fertilizers. Sculpture and art may be integrated into the landscape plan as

approved by the Planning Board.

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 PlanningBoard 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.

j. 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.

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.





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. Thedetermination of which principle to apply rests with the Planning Board.

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.



This proposal provides more parking spaces

than are required and, without landscaping

the interior, creates the effect of a “sea of

asphalt.”

Reducing the amount of parking and

providing additional landscaping around the

perimeter and within the lot creates a safer

and more attractive environment.

Breaking up the parking into two “groves”

further mitigates the visual impact of the

lot.



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) toten (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. Provide planting islands between every 10 spaces to avoid long rows of parked cars. Each of

these planting islands should provide at least one shade tree.

j. Landscaping should be used to delineate vehicular and pedestrian patterns. Clear and

legible signs, different color and texture paving materials, raised or inverted areas, and

other techniques should be used to further direct the f low 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.





(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. Designated van/car pool parking, and other facilities for transportation alternatives to

single occupancy vehicle use shall be provided wherever practical.

s. 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 beplanted 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





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 insidewalk 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 site-

specific 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 littlemaintenance 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





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


The Town of Rhinebeck finds that it is necessary to reduce ambient noise levels in the Town, soas 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 nonrepeating 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





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 sucha 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. Landscape Maintenance Devices such as lawn mowers, leaf blowers, grass trimmers, and

snow blowers.

j. 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.





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 edgeof 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.





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. Railway locomotives.

j. 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 employeesand/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;





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 thepremises. 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; orc. 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





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 theterminology 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 willenable 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.





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 indegraded 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, anddevises 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.





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.





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.





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 presenceof 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 species-

specific field surveys to determine the significance of project impacts, as determined by thePlanning 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.





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 Approximate Size Approximate Percent

of Total Site AreaDominant Vegetation

Upland deciduousforest 3 acres 20%

Sugar maple, oaks(red, white, black,

chestnut)

Shrubby old field 5 acres 33%Grey dogwood,orchard grass,

goldenrods, bluestem

Intermittent woodlandpool ¼ acre < 2 % Buttonbush, duckweed,

algae

Perennial stream Average width: 6’Length: 1,000’ on site

N/A Submerged vegetation;vegetation on bars orlow banks

Example 2: Species of Conservation Concern Table

Table 2: Proposed Woody Field Subdivision – Species of ConservationConcern

Species ofConservation Concern

Habitat(s)* Quality

Jefferson salamander,

marbled salamander,spotted salamander,wood frog

Intermittent woodland

pool(1/4 acre)

High

SameUpland hardwood forest

(15 acres)

Moderate (soils ineastern half disturbed bylogging about 15 years

ago)





Table 2: Proposed Woody Field Subdivision – Species of ConservationConcern

Red-shouldered hawk

Upland hardwood forestand floodplain hardwood

swamp

(total = 30 acres)

Moderate (too small)

Yellow lady’s slipperUpland hardwood forest

(15 acres)

Low to moderate (soilsin eastern half disturbed

by logging about 15years ago; invasion of

garlic-mustard)

* 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 inidentifying 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 andincorporated 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.





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 Comment

STREAM, POND, & WETLAND HABITATS

streamincludes intermittent and perennial streams &rivers

open waternatural ponds & lakes; i.e., undammed,unexcavated

constructed pond dammed or excavated ponds & lakes

intermittent woodland pool vernal pool in forested setting

wet meadow

wet clay meadowClayey soils and indicator plant species must bepresent

calcareous wet meadowCalcareous soils and indicator plant species must

be presentfen

kettle shrub pool

buttonbush pool

circumneutral bog lake

acidic bog

marsh includes emergent & floating-leaved marshes

mixed forest swamp Conifers and hardwoods in overstory

hardwood & shrub swamp includes forested & shrub swamps

conifer swamp

springs & seeps

Intertidal marsh

UPLAND HABITATS

upland meadowincludes inactive agricultural land, herbaceous oldfields, farmed meadows, such as pasture,hayfield, & cropland

upland shrublandincludes shrubby old field and other shrub-dominated upland habitats

orchard/plantationChristmas tree farm, fruit orchard; young(seedling-sapling size) plantations

cool ravine

very deep, very narrow ravine, with rocky slopesflanking rocky stream at bottom; creating verycool, shaded environment with unusual plant &animal community

upland hardwood forest > 75% hardwood cover

upland mixed forest 25 to 75 % hardwood or conifer cover

red cedar woodland

oak heath barren

upland conifer forest> 75% conifer cover; includes spontaneousconifer stands and mature plantations

crest, ledge, and talusincludes non-calcareous CLT, as well as CLT ofunknown bedrock chemistry





Habitat Comment

calcareous crest, ledge, and talus

waste ground

abandoned soil or rock mines, active privatedumps, unreclaimed landfills, post-industrial orcommercial sites, other areas with strippedtopsoil & little vegetation

culturalmanicured areas lacking structures, pavement,etc.; e.g., ballfields, campgrounds, large lawns,mowed park-like areas under trees

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.





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.





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. Emergency activity immediately necessary to protect life, property or natural resources.

j. Activities of an individual engaging in home gardening by growing flowers, vegetable andother 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

offsite 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;





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, storeflows, 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 havebeen 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 single-

family 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;





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 post-

construction 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:





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 StateDepartment 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 orsediment 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





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 stormwatermanagement 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





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; samplingdischarges, 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 includesadequate 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.





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 facilitiesboth 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.





SCHEDULE A

Stormwater Management Practices Acceptable for Water Quality

Group Practice Description

Pond

Micropool Extended DetentionPond (P-1)

Pond that treats the majority of thewater quality volume through

extended detention, andincorporates a micropool at theoutlet of the pond to preventsediment resuspension.

Wet Pond (P-2)Pond that provides storage for theentire water quality volume in thepermanent pool.

Wet Extended Detention Pond(P-3)

Pond that treats a portion of thewater quality volume by detainingstorm flows above a permanentpool for a specified minimumdetention time.

Multiple Pond System (P-4) A group of ponds that collectively

treat the water quality volume.

Pocket Pond (P-5)

A stormwater wetland designadapted for the treatment of runofffrom small drainage areas that haslittle or no baseflow available tomaintain water elevations andrelies on groundwater to maintaina permanent pool.

Wetland

Shallow Wetland (W-1)A wetland that provides waterquality treatment entirely in ashallow marsh.

Extended Detention Wetland(W-2)

A wetland system that providessome fraction of the water qualityvolume by detaining storm flowsabove the marsh surface.

Pond/Wetland System (W-3)

A wetland system that provides aportion of the water quality volumein the permanent pool of a wetpond that precedes the marsh fora specified minimum detentiontime.

Pocket Wetland (W-4)

A shallow wetland design adapted

for the treatment of runoff fromsmall drainage areas that hasvariable water levels and relies ongroundwater for its permanentpool.





Stormwater Management Practices Acceptable for Water Quality

Infiltration

Infiltration Trench (I-1)

An infiltration practice that storesthe water quality volume in thevoid spaces of a gravel trenchbefore it is infiltrated into theground.

Infiltration Basin (I-2)An infiltration practice that storesthe water quality volume in ashallow depression before it isinfiltrated into the ground.

Dry Well (I-3)

An infiltration practice similar indesign to the infiltration trench,and best suited for treatment ofrooftop runoff.

Filtering Practices

Surface Sand Filter (F-1)

A filtering practice that treatsstormwater by settling out largerparticles in a sediment chamber,and then filtering stormwaterthrough a sand matrix.

Underground Sand Filter (F- 2)

A filtering practice that treatsstormwater as it flows throughunderground settling and filteringchambers.

Perimeter Sand Filter (F-3)

A filter that incorporates asediment chamber and filter bedas parallel vaults adjacent to aparking lot.

Organic Filter (F-4)A filtering practice that uses anorganic medium such as compostin the filter in place of sand.

Bioretention (F-5)

A shallow depression that treats

stormwater as it flows through asoil matrix, and is returned to thestorm drain system.

Open Channels

Dry Swale (O-1)

An open drainage channel ordepression explicitly designed todetain and promote the filtration ofstormwater runoff into the soilmedia.

Wet Swale (O-2)

An open drainage channel ordepression designed to retainwater or intercept groundwater forwater quality treatment.





SCHEDULE B

SAMPLE STORMWATER CONTROL FACILITY MAINTENANCE AGREEMENT

Whereas, the Town of Rhinebeck ("Town") and the _______________ ("facility owner") want toenter into an agreement to provide for the long-term maintenance and continuation ofstormwater 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 inaccordance with the approved project plans and thereafter be maintained, cleaned, repaired,replaced and continued in perpetuity in order to ensure optimum performance of thecomponents. Therefore, the Town and the facility owner agree as follows:

2. This agreement binds the Town and the facility owner, its successors andassigns, to the maintenance provisions depicted in the approved project planswhich are attached as Schedule A of this agreement.

3. The facility owner shall maintain, clean, repair, replace and continue thestormwater control measures depicted in Schedule A, as necessary, to ensureoptimum performance of the measures to design specifications. The stormwater

control measures shall include, but shall not be limited to, the following: drainageditches, swales, dry wells, infiltrators, drop inlets, pipes, culverts, soil absorptiondevices and retention ponds.

4. The facility owner shall be responsible for all expenses related to themaintenance of the stormwater control measures, and shall establish a means forthe collection and distribution of expenses among parties for any commonlyowned facilities.

5. The facility owner shall provide for the periodic inspection of the stormwatercontrol measures, not less than once in every five-year period, to determine thecondition and integrity of the measures. Such inspection shall be performed by aProfessional 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 actionsnecessary 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 controlmeasures, except in accordance with written approval of the Town.

7. The facility owner shall undertake necessary repairs and replacement of thestormwater control measures at the direction of the Town, or in accordance withthe 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 stormwatercontrol 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 ofDutchess together with the deed for the common property, and shall be includedin the offering plan and/or prospectus approved pursuant to ______________.

10. If ever the Town determines that the facility owner has failed to construct ormaintain the stormwater control measures in accordance with the project plan, orhas failed to undertake corrective action specified by the Town or by the





inspecting engineer, the Town is authorized to undertake such steps asreasonably necessary for the preservation, continuation or maintenance of thestormwater control measures and to affix the expenses thereof as a lien againstthe property.

11. This agreement is effective ____________ .

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. Theprovisions 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





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 LEED-

certified 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:





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 ahardship 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; andc. 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 haveheretofore 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





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 historicproperties 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 historicdesignations, 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.




as set forth in Article XIII, Section E.





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 thisSection.

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





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.





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 areremoved 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.





iii. After considering the interests of the public and the owner, the benefits of demolition

of the building outweigh any reasonable interest in preserving the building. The

Planning Board shall further determine that the removal or demolition will not result

in a significant avoidable diminution of the historic character of the community.

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 forthin 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 f low

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:





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


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 imposedby 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, orotherwise 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





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 toand 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 localgovernment. 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 beensuggested 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));





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 theconstruction 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 providedherein, 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





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.

j. 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 Income Range

Extremely Low Income Less 30% of AMI

Very Low Income 31% – 50% of AMI

Low Income 51% - 80% of AMI

Moderate Income 81% - 120% of AMI

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 siteconstruction, 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.





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 requirementdocumentation 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 SpecialPermit 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





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 shallreview 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.





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/orOpen 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 andPlanning 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





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





(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:





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





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 theannual 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 dueconsideration 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 afterconsultation 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





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'sannual 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.





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. Review all lease terms for affordable housing units.

j. 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





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.





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 suchuses 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 characterof 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.



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 617NYCRR. 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

Special Use Permit Requirements

July 2008 Draft Article VI.2



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 orsuch 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 TownCode 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,





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 betaken 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 ZoningBoard 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 eitheraccepted 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





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 berenewed 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





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 thespecific 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,





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 shallbe 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 theTown 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.





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 one-

family 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 non-

conforming 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 notissue 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.





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:





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


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


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.





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 owner-

occupied.

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 withoutencroaching 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





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 owner-

occupied.

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 RM1zoning 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).





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 ZoningLaw.

j. 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.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 requiredon-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 ruralstructure.

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





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:





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 TownComprehensive 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 beenupdated, 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.





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.





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 waslawfully 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.







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 longthat 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





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 asubsurface 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.





(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 shallonly 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-fivepercent (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/orstudent/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





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), go-

carts, 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 outdoorrecreational 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





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 specificapplication 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: AGuide to Planning & Construction, published by the National Rifle Association of America or

by State regulations and guidelines.

j. No alcoholic beverages may be served in conjunction with club activities or social functions

involving or held in conjunction with the discharge of firearms.

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





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 problemsas 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.





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


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 withthe 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





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:





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 thestructures 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


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;





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 orlot 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-of-

way.

e. The station or facility shall reflect the traditional architecture of the community in buildingand 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.





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 thehotel 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.





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-of-

way.

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 habitatssuch 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.





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:





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 miningpermit, 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





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





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 adetriment 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 farmmarket. 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.





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.







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 validphoto identification card such as a New York State Driver's License, a New York State Non-

driver 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 part-

time 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:





(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 theTown 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, SectionR 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, check-

cashing 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 well-

defined by landscape plantings and shall be linked to the natural open space of the site.

s. 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





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 theapplication 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.





(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 non-residential 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/encouraginguse 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 site-

specific 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 thePlanning 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.





(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 withmodifications 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 VIand 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 Mapamendment.

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





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 usesprovided, 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.

j. No facility for active recreational use shall be located within two hundred fifty (250) feet of

any property line.

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





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 specificapplication 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 TownComprehensive 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






b. The Site Plan shall include pertinent information regarding site boundaries, existing man-

made 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 fillproposed, 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 relatedmaintenance 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





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 single-

family dwelling or a lawfully existing structure.





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 on-

site 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 shallbe 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





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 designcharacteristics 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.





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 shalladditionally 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 athrough 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 HudsonRiver 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.





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 0.75such 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 lotor 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







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 regulationsshall 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 withthe 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





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 f loor,

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 f lood 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 proposeduse, 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.

j. 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.

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;





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 borderingdesignated 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;





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.





(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 minimumlot 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





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 TheTown 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 attachmentsthereto 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





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





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/ordesign as follows:

(i) Camouflage by vegetation. If

Communication Facilities and

Towers are not camouf laged 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 andTowers 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





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 nocase 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 bemade 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





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 becamouflaged 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 f loor, 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 bedesigned 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.





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 andaccurate 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





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.





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 regulatingagency.

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 specificschedule 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 orreviewed 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





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 CodeEnforcement Officer within sixty (60) days of the first and each succeeding bi-

annual 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 writingby 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







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 pedestriancomfort 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 on-

street and in parking lots; and

iv. Enhancing pedestrian street crossings with articulated pavers, bump-outs, raisedcrosswalks 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.





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 desirablecharacteristics 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 DutchessCounty 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





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 ResidentialMedium 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 thepoint 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;





(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 constructioncomplements 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





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 buildingshould 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





(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 Plansubmission 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. Setbacks. Setbacks from the street should be consistent with the prevailing setbacks on

adjoining properties, as determined by the Planning Board.

j. 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 theDutchess 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.





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 20feet 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-





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 thePlanning 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 immediateneighborhood.

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 theprincipal 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.





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.





Article VII. Site Plan Review and Approval

A. Purposes.

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 approvalfrom 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 Mid-

Hudson Historic Shorelands Scenic District, or a scenic viewshed or adjacent to a scenic



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 f loor 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 f loor 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 aland 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.

Site Plan Review and Approval

July 2008 Draft Article VII.2



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


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





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, f loodplains; 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





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. Location and proposed development of all buffer areas, including indication of both

existing vegetative cover and that portion that will be preserved;

s. The location, type, and screening details for solid waste disposal facilities and containers;

t. 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





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;

z. Plans for the disposal of construction and demolition waste, whether on-site or at a New

York State approved solid waste management facility;

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 evaluationof 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.





(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 allor 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







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 otherdesign 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 isproposed.

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-siteenvironmentally 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,





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 residentialuses 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 invitingappearance.

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 tothe 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





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 visualrelationship 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 VI



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.





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. Protection of adjacent or neighboring properties against noise, glare, unsightliness or other

objectionable features.

j. 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,





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, whenapplicable, 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 areport 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 ormodification 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.





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





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





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.





Article VIII. Astor Flats Traditional NeighborhoodDevelopment (TND) District

A. Intent.

The intent of this Article is to enable, encourage, and implement certain policies established in TheTown 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.



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 privategreen 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 single-

family 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

Traditional Neighborhood Development District

July 2008 Draft Article VIII.2



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 definedat 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 VII



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 vacantand 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 UsePermit 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





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 theseregulations 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.





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 followinginformation 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 WildlifeService 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





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 substantialcompliance 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 ConceptPlan, 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 theapproximate 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).






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 thelikely 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.


i. The Planning Board shall determine whether the Concept Plan demonstrates





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-of-

way 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 Planfails 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.





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 improvementsplanned 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 sewagedisposal 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).


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.





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 non-

residential (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-Cof 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





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 madeif 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 NeighborhoodResidential 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, andmay 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,





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





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 . Principal Building

2. Co nnecting Building

3. Outbuilding





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 Neighborhood

Edge Yard: A building that occupies the

center of its lot with setbacks on all sides.The front yard sets it back from the frontageand is intended to be visually continuous withthe yards of adjacent buildings. The rear yard can be secured for privacy by fences anda well-placed connecting building and/or outbuilding.

Residential

Side Yard: A building that occupies one sideof the lot with the setback to the other side.The visual opening of the side yard on thestreet frontage causes this building type toappear freestanding. If the adjacent buildingis similar with a blank party wall, the yardcan be quite private. This type permitsclimatic orientation in response to the sun or the wind.

Residential

Main St.

Rear Yard: A building that occupies the full

frontage, leaving the rear of the lot as the soleyard. The continuous facade steadily definesthe public street. The rear elevations may bearticulated for functional purposes. In itsresidential form, this type is the rowhouse.For its commercial form, the rear yard canaccommodate substantial parking.

Main St.

Court Yard: A building that occupies theoundaries of its lot while internally defining

one or more private patios. This type is ableto shield the private realm from all sides

hile strongly defining the public street andcan accommodate incompatible activities,masking them from all sides.

Main St.

d. Facades shall be built parallel to the principal frontage line or parallel to the tangent of acurved 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.







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 Residential Main St.

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 !





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.





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.

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. Maximum parking ratios may be established by the Planning Board.

j. 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.



Figure 10: Sharing FactorTable 3: Required Parking

Uses Astor Flats Residential Astor Flats Main St.

Residential 1.5 / dwelling 1.0 / dwelling

Lodging 1.0 / bedroom 1.0 / bedroom

Office 3.0 / 1,000 sq. ft. 2.0 / 1,000 sq. ft.

Retail 4.0 / 1,000 sq. ft. 3.0 / 1,000 sq. ft.

Civic As determined by Planning Board As determined by Planning Board

Other As determined by Planning Board As determined by Planning Board

Note: See Article V, Sections B(5) and (6) for additional requirements.



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-f loor 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,





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 buildingdisposition 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, cementreinforced 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





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





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 earth-based 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).





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 organizationsdedicated 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. Thelanes 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.





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 Travel Lane Width Main St. Residential

Below 20 mph 8 feet "20-25 mph 9 feet " !

25-35 mph 10 feet ! !

Parking Lane Width

20-25 mph (Angle) 18 feet !

20-25 mph (Parallel) 7 feet !

25-35 mph (Parallel) 8 feet ! !

Effective Turning Radius

Below 20 mph 5-10 feet ! !

20-25 mph 10-15 feet ! !

25-35 mph 15-20 feet ! !

! BY RIGHT " BY WAIVER





Figure 2: Vehicle Lanes Illustrated

One-Way Movement Two-Way Movement

Yield Parking

AADT

Pedestrian Crossing

Design Speed

Parking 1 SideParallel

AADT

Pedestrian Crossing

Design Speed

Parking BothSides Parallel

AADTPedestrian 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.





Figure 3: Public Frontages

Frontage Type Residential Main Street

Public Frontage

Total width12-18 feet 18-24 feet 18- 30 feet

Curb

TypeRadius

Raised curb5-20 feet



Walkway

TypeWidth

Sidewalk 4-8 feet

Sidewalk 12-20 feet

Sidewalk 12-30 feet

Planter

ArrangementSpecies

Planter Type

Regular Single

Continuous planter

Regular Single

Continuous planter

OpportunisticSingle

Tree well

Trees Pin Oak Red Oak

White Oak Ginkgo Biloba

London planetree

Ginkgo BilobaWhite AshHackberry

Ginkgo BilobaWhite AshHackberry

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.





Figure 4: Street Light Types (for illustration purposes only)

______________ ______________ ______________ ______________ ______________ ______________ ______________ ______________ ______________ ______________

______________ ______________ ______________ ______________ ______________ ______________ ______________ ______________ ______________ ______________

______________ ______________ ______________ ______________ ______________ ______________ ______________ ______________ ______________ ______________

Figure 5: Street Trees

Residential Main St.

Oval

! !

Ball

! !

Pyramid

!

Umbrella

!

Vase

!





TABLE 4: USE AND DIMENSIONAL STANDARDS BY NEIGHBORHOOD

NEIGHBORHOOD Astor Flats Residential Astor Flats Main St.

A. Density RESIDENTIAL DENSITY M)

By Right 4 units / ac. gross 6 units / ac. gross

Other Functions 20 - 30% min. 30 - 50% min.

B. BLOCK SIZE

Block Perimeter 2400 ft. max. 2000 ft. max.

C. PUBLIC FRONTAGES

HW & RR prohibited

BV permitted

SR permitted prohibited

RS permitted prohibited

SS & AV permitted

CS & AV permitted

Rear Lane prohibited

Rear Alley required

Path permitted prohibited

Passage permitted

Bicycle Trail permitted

Bicycle Lane permitted prohibited

Bicycle Route permittedD. CIVIC SPACE

Park permitted by waiver

Green permitted

Square permitted

Plaza permitted

Playground permitted

E. LOT OCCUPATION Lot Width 18 ft min 96 ft max

Lot Coverage 30% max 80% max

F. BUILDING SETBACK

Front 10 ft. min. 25 ft. max. 0 ft. min. 12 ft. max.

Side 10 ft. min. 0 ft. min. 24 ft. max.

Rear 25 ft. min.* 3 ft. min.*G. Building Disposition (see Figure 6) *or 15 ft. from center line of alley

Edgeyard prohibited

Sideyard permitted

Rearyard permitted

H. PRIVATE FRONTAGES (see Figure 8)

Common Yard prohibited

Porch & Fence permitted prohibited

Terrace or L.C. permitted

Forecourt permitted

Stoop permitted

Shopfront & Awning permitted

Gallery permitted

Arcade permitted

I. BUILDING HEIGHT (see Figure 9)

Principal Building 35’ 3 stories max, 2 min.

Outbuilding 2 stories max. 2 stories max.

J. BUILDING USES (see Table 2)

Residential open use open use

Lodging restricted use open use

Office restricted use open use

Retail restricted use open use







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





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 materialmatching 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.)





Article IX Non-Conforming Buildings, Structures andUses

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 non-

conforming 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 non-

conforming 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 noexisting 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



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 non-

conforming building or structure shall be limited to 125% of the area occupied by the building, orstructure, 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 non-

conforming 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 therestoration 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 isreasonable 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 non-

conforming signs submit an application to the Planning Board for Site Plan approval and/orSpecial 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

Non-Conforming Buildings, Structures and Uses

July 2008 Draft





which requires the approval of the Zoning Board of Appeals pursuant to this Chapter, or any Non-

Conforming 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 suchchanges, 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.

Non-Conforming Buildings, Structures and Uses

July 2008 Draft



ARTICLE X. Administration and Enforcement of theZoning Law and New York State Uniform FirePrevention 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,



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 Officershall 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. To pursue administrative enforcement actions and proceedings and/or criminal

proceedings to enforce provisions of the Uniform Code and/or Energy Code;

j. 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

Administration and Enforcement

July 2008 Draft Article X.2



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 codeenforcement 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 theexercise 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 theZEO, 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.

b. 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.


June 2008 Draft Article



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.

d. To issue Stop Work Orders, Notices of Violations and/or Compliance Orders.

e. To review and investigate complaints.

f. To review all applications for Building Permits for compliance with the provisions of the

Zoning Law.

g. To issue orders pursuant to Article X, Section R ("Violations").

h. To maintain records.

i. To collect fees set by the Town Board.

j. To pursue administrative and criminal enforcement actions and proceedings and/or

criminal proceedings to enforce the provisions of this Zoning Law.

k. Consultation with the Town Attorney to pursue such legal actions and proceedings as may

be necessary to enforce the provisions of the Zoning law.

l. To exercise all other powers and fulfill all other duties conferred upon the Zoning

Enforcement Officer by this Zoning Law.

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





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 two-

family dwellings or multiple single-family dwellings (townhouses) which are used for tool

and storage sheds, playhouses or similar uses, provided the gross f loor area does not exceed

144 square feet;

b. Installation of swings and other playground equipment associated with a one- or two-family

dwelling or multiple single-family dwellings (townhouses);

c. 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;

d. Construction of retaining walls unless such walls support a surcharge or impound Class 1,

H or h A liquids;

e. Construction of temporary motion picture, television and theater stage sets and scenery;

f. Installation of window awnings supported by an exterior wall of a one- or two-family

dwelling or multiple single-family dwellings (townhouses);

g. Installation of partitions or movable cases less than 5'-9" in height;

h. Painting, wallpapering, tiling, carpeting, or other similar finish work;

i. Installation of listed portable electrical, plumbing, heating, ventilation or cooling

equipment or appliances;

j. 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

k. 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.

3. Exemption not deemed authorization to perform non-compliant work. The exemption fromthe 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





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. A description of the proposed work;

b. The tax map number and the street address of the premises where the work is to be

performed;

c. The occupancy classification of any affected building or structure;

d. Where applicable, a statement of special inspections prepared in accordance with the

provisions of the Uniform Code; and

e. 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 toascertain 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.





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 changeoccurring 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 determinesthat 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. All work then completed is in compliance with all applicable provisions of the Uniform

Code and the Energy Code; and

b. 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. Work site prior to the issuance of a Building Permit;

b. Footing and foundation;

c. Preparation for concrete slab;

d. Framing;





e. Building systems, including underground and rough-in;

f. Fire resistant construction;

g. Fire resistant penetrations;

h. Solid fuel burning heating appliances, chimneys, flues or gas vents;

i. Energy Code compliance; and

j. 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 performedpursuant 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

b. 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

c. 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.

d. 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.

2. Content of Stop Work Orders. Stop Work Orders shall:

a. Be in writing;

b. Be dated and signed by issuing Officer;

c. State the reason or reasons for issuance; and





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 theStop 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 theauthority 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 toanother. 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:





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

and

b. Flood hazard certifications.

3. Contents of Certificates of Occupancy. A Certificate of Occupancy shall contain the following

information:

a. The Building Permit number, if any;

b. The date of issuance of the Building Permit, if any;

c. The name, address and tax map number of the property;

d. 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;

e. The use and occupancy classification of the structure;

f. The type of construction of the structure;

g. The assembly occupant load of the structure, if any;h. If an automatic sprinkler system is provided, a notation as to whether the sprinkler system is

required;

i. Any special conditions imposed in connection with the issuance of the Permit; and

j. 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. That the building or structure, or the portion thereof covered by the Temporary Certificate,

may be occupied safely;

b. That any fire- and smoke-detecting or fire protection equipment which has been installed is

operational;

c. 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 CodeEnforcement 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,





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.


Town’s Fee Schedule must be paid at the time of submission of an application for a Certificateof 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. The Building Permit number, if any.

b. The date of the issuance of the Building Permit and/or Certificate of Occupancy.

c. The name, address and tax map number of the property.

d. 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.

e. Approved use and occupancy classification of the land, building and/or structure.

f. Any special conditions imposed by the ZEO with the issuance of the Zoning Permit.

g. The signature of the ZEO issuing the Certificate of Use, and the date of issuance.

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


June 2008 Draft Article X



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:





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 beused, 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. A description of the premises;

b. A statement of the particulars in which the building is unsafe or dangerous;

c. An order outlining the manner in which the building is to be made safe and secure, or

demolished and removed;

d. 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;

e. 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

f. 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.

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 noticeupon 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





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 expensesincidental 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 islocated 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 Section1225.1;

b. 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;

c. Use of pyrotechnic devices in assembly occupancies;

d. Buildings containing one or more areas of public assembly with an occupant load of 50

persons or more;

e. Buildings whose use or occupancy classification may pose a substantial potential hazard topublic safety, as determined by resolution adopted by the Town Board of this Town; and

f. Tents and canopies.

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





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 OperatingPermit.

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 renewedupon 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.


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. 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.

b. Fire safety and property maintenance inspections of buildings or structures being occupied

as dormitories shall, be performed at least once every twelve (12) months.

c. 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





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. 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

b. 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,

c. 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.


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;





b. All plans, specifications and construction documents approved;

c. All Building Permits, Certificates of Occupancy, Temporary Certificates, Stop Work Orders,

and Operating Permits and Certificates of Use issued;

d. All inspections and tests performed;

e. All statements and reports issued;

f. All complaints received;

g. All investigations conducted;

h. All other features and activities specified in or contemplated by Article X of this Zoning Law;

and

i. 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 ComplianceOrder. 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





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 orassisting 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 civilpenalty 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 othernotice 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





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 orlimitation 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 otherprofessional 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.





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) membersappointed 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 withregard 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;



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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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 memberupon 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 otherrelief 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 writingfor 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


July 2008 Draft



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 receivedfrom 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 Planningand 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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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 containedtherein, 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 theOffice 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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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



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 PlanningBoard 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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July 2008 Draft



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 recommendationexcept 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 DutchessCounty 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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July 2008 Draft



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



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 thementally 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,

Definitions

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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

Definitions

July 2008 Draft Article XI



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 involvingpredominantly 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.

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 f lowing 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.

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 transmittingand/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 professionalprograms, 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.

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

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. GROSS DENSITY is the ratio of dwelling units to the land area of the total lot.

2. 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 percentgradient.

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. Removal of trees or other natural vegetative cover;

2. Substantial excavation or deposit of earth or other fill, including alteration of the

banks of any stream or body of water;

3. Construction, reconstruction, alteration or demolition of any building, structure or

other improvement;

4. Dumping or parking of any object or material, whether mobile, liquid or solid;

5. 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.

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 routedirectly 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. A detached building containing one (1) dwelling unit only.

DWELLING, TWO-FAMILY. A detached or semi-detached building containing two (2)dwelling units only.

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 educationalfacility, 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.

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 whoare 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 non-

residential 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 meetingone 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.

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 traditionalfamily, 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

Definitions

July 2008 Draft Article XIII



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 f lood damage, including but not limited to emergency

preparedness measures, f lood 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 f lood 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 f lood 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 orunfinished 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.

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 f lowers 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 f lows, 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.

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 forresidential 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 thebuilding 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.

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 monthsor 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 managementas 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

Definitions




less than one hundred thirty-five (135) degrees. The point of intersection of the street right-of-

way 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 frontagethroughout 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

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 equivalentto 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, touristcabins, 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 “nonprofit” by virtue of charter or incorporation

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 thisZoning 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

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 bereferred 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 forrecreational 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 commercialentity 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.

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, oraccessory 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).

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 principalbuilding 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 orelsewhere 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 equipmentof 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 they head, in accordance with the eligibility requirements stated in

Section 202 of the Housing and Community Development Act of 1974, as amended.

SETBACK. The minimum horizontal distance from the property line to any structure,

roadway, parking area, accessory building or other such improvement on a lot, except necessary driveways.

SITE PLAN. That map or drawing and all related information which together constitute a

complete application, submitted for review by the Planning Board in accordance with the

requirements and procedures specified in Section VII of this Zoning Law and which shows,

among other things, the arrangement, layout and design of the proposed use of a single parcel

of land.

Definitions




SOIL MINING. The use of any land for the excavation, extraction or removal of more than

800 cubic yards or one thousand (1,000) tons of sand, gravel, clay, stone, loam, humus, topsoil

or other earth materials within a period of twelve (12) calendar months for sale or exchange or

for use other than on the property from which the material is extracted, such use being a

regulated activity under both this Zoning Law and the New York State Mined Land

Reclamation Law (see Extractive Operation) or which otherwise requires a permit inaccordance with the New York State Mined Land Reclamation Law.

SOLID WASTE - Unwanted or discarded material including solid, liquid, semisolid or contained

gaseous material.

SPDES GENERAL PERMIT FOR CONSTRUCTION ACTIVITIES GP-02-01. As this term is used in

Article V, Section Z, a permit under the New York State Pollutant Discharge Elimination System

(SPDES) issued to developers of construction activities to regulate disturbance of one or more acres of

land.

STORAGE, OPEN. Land used for the keeping of goods, wares or supplies on land outside of

any building or structure. This, however, shall not be construed as including the activities of

“junk yards” as defined herein.

STRATIFIED DRIFT-Unconsolidated, sorted sediment, composed of layers of sand, gravel, silt or clay,

deposited by meltwater from glaciers.

STREET. A public or private right-of-way which provides vehicular access to abutting

properties, which may not contain less than fifteen (15) feet of frontage on a private right-of-

way, which meets the requirements of Section 280-a of the Town Law.

STREET LINE. The dividing line between a lot and a street right-of-way, as indicated by

dedication or deed or record or use in the case of a user road.

STRUCTURE. A static construction, or assembly, or materials, the use or occupancy of which

requires a fixed location on the ground or attachment to an object having such a fixed location.“Structures” shall include, among others, buildings, stadiums, sheds, storage bins, reviewing

and display stands, platforms, towers, walls, fences, swimming pools, tennis courts, gasoline

pumps, billboards, signs, artwork, and mobile dwellings. “Structures” shall not include utility

poles, wire and related equipment.

SUBDIVISION. The division of any parcel of land into two (2) or more lots, plots, sites, or

other division of land for the purpose, whether immediate or future, of lot line alteration,

transfer of ownership, lease for other than recreation, conservation or agricultural purposes, or

building development. Such division shall include lot line adjustments or resubdivision of any

parcel of land for which an approved plat has already been filed in the Office of the Dutchess

County Clerk.

SUBSTANTIAL ALTERATION OR IMPROVEMENT. For the purposes of Article VI,

Section D(53) of this Zoning Law, “substantial alteration or improvement” shall mean any

repair, reconstruction or improvement of a structure, the cost of which exceeds fifty percent

(50%) of the full assessed valuation of the structure either.

1. Before the improvement or repairs started; or

2. If the structure has been damaged and is being restored, before the damage occurred.

Definitions




“Substantial alteration or improvement” is considered to occur when the first alteration to any

wall, ceiling, floor or other non-structural part of the building commences, whether or not that

alteration affects the external dimensions of the structure. The term “substantial

improvement” does not, however, include either.

1. Any project for improvement of a structure to comply with existing County or State

health, sanitary or safety code specifications which are solely necessary to assure safeand healthful living conditions; or

2. Any alteration of a structure listed on the National Register of Historic Places, which is

subject to the Town of Rhinebeck Historic Buildings Protection Law.

SURFACE PARKING LOT. A parking facility constructed on prepared grade and without a covering

roof or structure.

SURFACE WATERS OF THE STATE OF NEW YORK. Lakes, bays, sounds, ponds, impounding

reservoirs, springs, wells, rivers, streams, creeks, estuaries, marshes, inlets, canals, the Atlantic ocean

within the territorial seas of the state of New York and all other bodies of surface water, natural or

artificial, inland or coastal, fresh or salt, public or private (except those private waters that do not

combine or effect a junction with natural surface or underground waters), which are wholly or partially

within or bordering the state or within its jurisdiction. Storm sewers and waste treatment systems,

including treatment ponds or lagoons which also meet the criteria of this definition are not waters of

the state. This exclusion applies only to manmade bodies of water which neither were originally created

in waters of the state (such as a disposal area in wetlands) nor resulted from impoundment of waters of

the state.

TEMPORARY. For the purposes of this Zoning Law, defined as a period of not more than

thirty (30) calendar days, unless specified otherwise in this Zoning Law.

TRAILER, CAMPING. A folding structure, mounted on wheels and designed for limited

travel recreation and vacation use only.

TRAILER, TRAVEL. A vehicular, portable structure built on a chassis, designed as a

temporary one-family dwelling for travel, recreation, and vacation purposes, having a body

length not exceeding thirty-two (32) feet and a body width not exceeding eight (8) feet. Travel

trailers include a recreational vehicle and a motor home.

TREE CLEARING. See “clear-cutting.”

USE. The specific purpose for which land, a building or a building group, is designed,

arranged, intended, or for which it is or may be occupied or maintained. See related

definitions of Accessory Use; Non-conforming Use; Principal Use and Prohibited Use.

USE, CHANGE OF. A “change of use” shall include changes from one use group to another

under the Table of Use Regulations as well as any change within such land use groups, changesto any other use within the same group such as in the “Business and Professional Office”

group, a change from a real estate office to an insurance office is a change of use, from a law

office to an engineer’s office is a change of use, and in the “retail business” group a change

from a drug store to a grocery store is a change of use.

USE, CIVIC. A building or use related to municipal offices and services and which may

include not-for-profit organizations dedicated to arts, culture, education, recreation,

Definitions




government, transit, and municipal parking owned and/or operated by a government agency or

not-for-profit corporation.

USE REGULATIONS. The controls which enumerate the permitted principal, permitted

accessory and special permit uses within each of the zoning districts established by this Zoning

Law.

VETERINARIAN’S OFFICE. An establishment for the medical and/or surgical care of sick

or injured animals, including facilities for their temporary housing and confinement, and,

when operated as an accessory use by the licensed veterinarian, facilities for short-term

boarding of animals, sales of animal supplies, and food and equipment; also known as “animal

hospital.”

WHOLESALE BUSINESS. An establishment or other place of business engaged in selling

and/or distributing merchandise to retailers, to other wholesalers or to industrial or

professional businesses or acting as agents or brokers and buying merchandise for or selling

merchandise to such businesses.

YARD. An open space on the same lot, plot or parcel of land, with a building or building

group lying between the closest point of the front, rear or side wall of a building and the

nearest lot line, unoccupied and fully open to the sky, except as otherwise provided by the

specific provisions of this Zoning Law.

YARD, FRONT. A yard extending across the principal Street side (i.e.. front lot line) of a lot

measured between the side yard lines, the depth of which yard is the minimum horizontal

distance between the street line and the main or principal building on the lot.

YARD, REAR. A yard extending across the full width of a lot measured between the side lot

lines and being the minimum horizontal distance between the rear lot line and the rear of the

principal building.

YARD, SIDE. A yard between any lot line other than the street line or rear lot line, and a linedrawn parallel thereto, and between the front and rear yards.

ZONING DISTRICT MAP. The map delineating the boundaries of the various districts

established under this Zoning Law which, along with the text, comprises this Zoning Law.

B. Terms Used Principally, if not exclusively, within Article VI, Section D(54),

Communication Facilities and Towers.

ADEQUATE COVERAGE. Coverage is considered to be ‘adequate’ within that area

surrounding a Base Station where the predicted or measured median field strength of the

transmitted signal is greater than -95 dbm. It is acceptable for there to be holes within the

area of Adequate Coverage where the signal is less than -95 dbm, as long as the signal regains its

strength to greater than -95 dbm further away from the Base Station. For the limited purpose

of determining whether the use of a Repeater is necessary or desirable, there shall be deemed

not to be Adequate Coverage within said holes. The outer boundary of the area of Adequate

Coverage, however, is that location past which the signal does not regain a strength of greater

than -95 dbm.

Definitions




ADEQUATE CAPACITY. Capacity is considered to be ‘adequate’ if the Grade of Service is

p.05 or better for at least fifty percent (50%) of the days in a preceding month, prior to the date

of Application, as measured using direct traffic measurement of the Communications Facility

in question, where the cell blocking is due to frequency contention at the antenna(s).

ANTENNA. A device which is attached to a Communication Facility or Tower and/or other

structure for transmitting and receiving electromagnetic waves.

AVAILABLE SPACE. The space on a Communication Facility or Tower or other structure to

which Antennas of a Communications Provider are both Structurally Able and Electronically

Able to be attached.

BASE STATION. The primary sending and receiving site in a wireless communications

network. More than one Base Station and/or more than one variety of Communications

Provider can be located on a single Tower or other structure.

CAMOUFLAGED. A communications facility, including Tower, that is disguised, hidden,

part of an existing or proposed structure, placed within an existing or proposed structure or

completely hidden by surrounding vegetation is considered camouflaged.

COMMUNICATIONS EQUIPMENT SHELTER. A structure located at a Base Station

designed principally to enclose equipment used in connection with a Communication

Provider’s transmissions.

COMMUNICATIONS FACILITY. All equipment (including any Repeaters) with which a

Communications Provider broadcasts and receives the radio frequency waves or other signals

which carry their services and all locations of said equipment or any part thereof. This facility

may be sited on one or more Towers or other structures owned and permitted by another

owner or entity.

COMMUNICATIONS PROVIDER. An entity providing Communications Services to

individuals, businesses, institutions or persons, whether such entity is licensed by the FCC orunlicensed.

DBM. Unit of measure of the power level of an electromagnetic signal expressed in decibels

referenced to 1 milliwatt.

ELECTROMAGNETICALLY CAPABLE. The determination that the new signal from and to

the proposed new Antennas will not significantly interfere with the existing signals from and to

other Facilities located on the same Communication Facility or Tower or other structure as

determined by a qualified professional telecommunications engineer. The use of available

technologies to alleviate such interference shall be considered when making this determination.

EMF. Electromagnetic Frequency Radiation.

FAA. Federal Aviation Administration.

FACILITY SITE. A property, or any part thereof which is owned or leased by one or more

Communications Providers and upon which one or more Communications Facility(ies) and

required landscaping are located. Also known as “Project Site.”

FCC. Federal Communications Commission. The government agency responsible for

regulating telecommunications in the United States.

Definitions




FCC 96-326. A Report and Order which sets national standards for levels of Radio-frequency

emissions from FCC-regulated transmitters.

GHZ. Gigahertz. One billion hertz.

GRADE OF SERVICE. A measure of the percentage of calls which are able to connect to the

Base Station during the busiest hour of the day. Grade of Service is expressed as a number,

such as p.05 - which means that ninety-five (95%) of callers will connect on their first attempt.

A lower number, e.g. p.04, indicates a better Grade of Service.

HERTZ. One hertz is the frequency of an electric or magnetic field which reverses polarity

once each second, or one cycle per second.

MAJOR MODIFICATION OF AN EXISTING FACILITY. Any change, or proposed change,

in power output, number of Antennas, change in Antenna type or model, repositioning of

Antenna(s), change in number of Channels per Antenna above the maximum number

approved under an existing Special Use Permit.

MAJOR MODIFICATION OF EXISTING TOWER. Any increase, or proposed increase, in

dimensions of an existing and permitted Tower or other structure designed to support aCommunication Provider’s transmission, receiving or relaying Antennas and/or equipment.

MHZ. Megahertz. One million hertz.

MONITORING The measurement, by the use of instruments, in the field, of the radiation

from a Site as a whole, or from individual Communications Facilities or Towers, Antennas or

Repeaters.

MONITORING PROTOCOL. The testing protocol, initially the Cobbs Protocol but subject

to state-of-the-art advance as technology changes, which is to be used to monitor the emissions

from existing and new Communications Facilities.

MONOPOLE. A single self-supporting vertical pole with no guy wire anchors, with below grade foundations.

RADIATION PROPAGATION STUDIES. Computer generated estimates of the radiation

emanating from Antenna or Repeaters sited on a specific Communications Tower or other

structure. The height above ground, power input and output, frequency output, type of

antenna, antenna gain, and the topography of the site and its surroundings are all taken into

account to create such simulations. These simulations are the primary tool for determining

whether a site will provide Adequate Coverage for the Communication Facility proposed for

that site. Also known as “Radial Plots.”

REPEATER. A small receiver/relay transmitter designed to provide service to areas which are

not able to receive Adequate Coverage directly from a Base Station. Also known as “Rerad.”STRUCTURALLY CAPABLE. The determination that a Tower or other structure is capable

of carrying the load imposed by the proposed new Antenna(s) under all reasonably predictable

conditions as determined by professional structural engineering analysis. This condition may

also be referred to as “Structurally Able.”

TELEPORT. A facility utilizing satellite dishes of greater than 2.0 meters in diameter designed

to uplink to communications satellites for transmitting in the microwave band.

Definitions




TOWER. A structure that is designed to support a Communication Provider’s transmission,

receiving and/or relaying antennas and/or equipment.

C. Terms Used Principally, if not exclusively, within Article VIII, Traditional

Neighborhood Development District.

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. A 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.

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.

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.

Definitions




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.

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 openspace. 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.

Definitions




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

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, andsidewalks 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.)

D. Terms Used Principally, if not exclusively, within Article X, Administration

and Enforcement of the New York State Uniform Fire Prevention and

Building Code:

BUILDING. Shall mean any building, structure, or portion thereof used for residential business or

industrial purpose.

BUILDING PERMIT. Shall mean a permit issued pursuant to Article X, Section D of this Zoning Law.

Definitions




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 G 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 O(1) 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 J of this ZoningLaw. 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.

STOP WORK ORDER. Shall mean an order issued pursuant to Article X, Section F of this Zoning

Law.

TEMPORARY CERTIFICATE. Shall mean a certificate issued pursuant to Article X, Section G(4)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, ascurrently in effect and as hereafter amended from time to time.

E. Terms Used Principally, if not exclusively, within Article V, Section CC,

Historic Buildings:

APPURTENANCES. Any structures and/or features, such as entrance gates, fences, gazebos, gardens,

landscapes, stone walls, hitching posts and signs, which are accessory to the historic building, or the

historic buildings, on the property.

CERTIFICATE OF ECONOMIC HARDSHIP. A certificate issued by the Planning Board authorizing

removal or demolition of an historic building, or portion thereof, even though a Certificate of Removalor Demolition has previously been denied.

CERTIFICATE OF REMOVAL OR DEMOLITION. A certificate issued by the Planning Board

indicating its approval of plans for removal or demolition of an historic building, or portion thereof.

CONTRIBUTING BUILDING. Any building, including residential, commercial, public, institutional

and agricultural structures, having one or more of the following characteristics:

Definitions




1. Designated as a “contributing building” within the National Register Hudson River

National Historic Landmark District and its predecessor Sixteen Mile District.

2. Included within the Evangelical Lutheran Church of St. Peter, Grasmere and Rock

Ledge National Register Historic Districts.

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

Historic Places.

4. Designated as a “local landmark” by the Town of Rhinebeck .

All of which are referred to in Article V, Section CC as “an historic building” or “historic buildings.”

The term “contributing building” shall also apply to any building, or any other structure, that in the

future is designated and included as an individual building, or building complex, or a contributing

building within a district on the National and/or State Register of Historic Places and/or designated as

a local landmark by the Town of Rhinebeck.

DEMOLITION. Any act or process that destroys an historic building or portion thereof.

DEMOLITION PERMIT. A type of “building permit” issued by the Town Zoning Enforcement Officer

pursuant to Section X (B) of the Town of Rhinebeck Zoning Law, Town Code Chapter A136, which is

required before an historic building is removed or demolished.

HISTORIC BUILDING. Any building having one or more of the following characteristics:

1. Designated as a “contributing building” within the National Register Hudson River

National Historic Landmark District and its predecessor Sixteen Mile District.

2. Included within the Evangelical Lutheran Church of St. Peter, Grasmere and Rock

Ledge National Register Historic Districts.

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

Historic Places.

4. Designated as a “local landmark” by the Town of Rhinebeck.

The term “historic building” shall also apply to any building that in the future may be included on the

National and/or State Register of Historic Places and/or designated as a local landmark by the Town of

Rhinebeck.

LOCAL LANDMARK. Any building designated as a "local landmark" by the Town Board and referred

to in this law as an historic building.

NON-CONTRIBUTING BUILDING. Any building neither identified as a “contributing building”

within the National Register Hudson River National Historic Landmark District and its predecessor

Sixteen Mile District, included within the Evangelical Lutheran Church of St. Peter, Grasmere and

Rock Ledge National Historic Districts, nor either listed as an individual building, or part of a buildingcomplex, on the National Register of Historic Places, and/or designated as a local landmark by the

Town of Rhinebeck.

PARTIAL OR PORTION THEREOF. As applied to either of the terms “Demolition” or “Removal”, a

change in exterior building mass involving any modification in either roofline or any reduction in

building footprint.

REMOVAL. Any relocation of an historic building or portion thereof within its site or to another site.

Definitions




F. Terms Used Principally, if not exclusively, within Article V, Section V,

Lighting Regulations:

ANGLE OF CUT-OFF. The angle, measured from the lowest point, between the vertical axis and the

first line of sight at which the bare source of light is not visible.

CANDELA. Unit of luminous intensity. One candela is one lumen per steradian. Formerly calledthe candle.

DIRECT ILLUMINATION. Illumination resulting from light emitted directly from a lamp or

luminaire, not light diffused through translucent signs of reflected from other surfaces such as the

ground or building faces.

FLUX (radiant flux). Unit is erg/sec or watts.

FOOTCANDLE (fc). A unit of illuminance amounting to one lumen per square foot.

FULLY SHIELDED FIXTURE. An outdoor lighting fixture that, by design of the housing, does not

allow any light dispersion or direct glare to shine above the horizontal plane from the base of the

fixture. Fully shielded fixtures must be installed in a horizontal position as designed, or the purpose of the design is defeated, and direct glare will result.

GLARE. Line-of-sight contact with a direct light source that causes annoyance, discomfort, or loss in

visual performance and ability.

HEIGHT OF THE LUMINAIRE. The height of the luminaire shall be the vertical distance from the

ground directly below the centerline of the luminaire to the lowest direct-light-emitting part of the

luminaire.

ILLUMINANCE. The emitted or reflected light on a surface. The unit of measurement for

illuminance is footcandle or lux.

LIGHT TRESPASS. Light from an artificial light source that intrudes into an area where it is not wanted or does not belong. Light trespass includes glare from direct light, as well as unwanted spill

light.

LUMEN. The basic unit of measurement for light. A dinner candle, for example, puts out about 12

lumens while a 60-watt soft white incandescent bulb puts out 855 lumens. In technical terms, a unit of

luminous flux; the flux emitted within a unit solid angle by a point source with a uniform luminous

intensity of one candela. A footcandle is one lumen per square foot. One lumen per square meter is

one lux.

LUMINAIRE. A complete lighting unit consisting of one or more lamps (light sources), together with

the parts designed to control the light disturbance and other mechanical and electrical components.

LUX. A unit of illuminance equal to one lumen per square meter.

OUTDOOR LIGHTING. The nighttime illumination of an outside area or object by any man-made

device located outdoors that produces light by any means.

OUTDOOR LIGHTING FIXTURE. An electrically powered illuminating device or other outdoor

lighting fixture including all parts used to distribute the light and/or protect the lamp, permanently

installed or portable, used for illumination or advertisement. Such devices shall include, but are not

limited to, search, spot, flood, and area lighting for. buildings and structures; recreational areas;

Definitions




parking areas, landscaping, signs (advertising and other); streets; product display areas; building

overhangs, and open canopies.

RECESSED CANOPY FIXTURE. An outdoor lighting fixture recessed into a canopy ceiling so that

the bottom of the fixture is flush with the ceiling.

SPILL LIGHT. Light shining beyond a facility that is unwanted which, because of quantitative,

directional, or spectral attributes in a given context, gives rise to annoyance, discomfort, distraction, or a

reduction in the ability to see essential information.

UPLIGHTING. Any light source that distributes illumination above a 90-degree horizontal plane.

WALLPACK FIXTURES. A lighting unit designed for direct mounting on building walls whose

primary function is to light building exteriors.

G. Terms Used Principally, if not exclusively, within Article V, Section C, Sign

Regulations:

AWNING. Any non-rigid material such as fabric or flexible plastic that is supported by a frame that isattached to an exterior wall.

AWNING SIGN. Any visual message on an awning.

BILLBOARD. An off-premise sign that identifies or communicates a commercial or non-commercial

message related to an activity conducted, or service rendered, or commodity sold at a location other

than where the sign is located.

CHANGEABLE SIGN. A sign with the capability of content change by means of manual or remote

input.

FLAG. Any fabric, banner, or bunting containing distinctive colors, patterns or symbols, used as a

symbol of a government, political subdivision, or other entity.

FREESTANDING SIGN. Any sign independent of any building but permanently affixed, by any other

means, to the ground. Included are monument and post & arm signs.

HEIGHT. The height of a freestanding sign shall be measured vertically from the established average

grade directly below the sign or entry level of the building or structure, whichever is lower, to the

highest point of the sign, including support structures. Elevation added by artificial beams, mounds or

similar forms shall be excluded from the calculation of average grade.

INTERNALLY ILLUMINATED SIGN. A sign lighted by or exposed to artificial lighting that shines

through a plastic or other translucent or transparent covering. Neon signs and other similar signs are

considered internally illuminated.

LIGHTING. External light used to illuminate a sign.

MARQUEE. Any permanent roof-like structure projecting beyond a building or extending along and

projecting beyond the wall of a building, generally designed and constructed to provide protection from

the weather.

MARQUEE SIGN. Any sign attached to, in any manner, or made a part of a marquee.

Definitions




MONUMENT SIGN. A freestanding sign either with a base affixed to the ground or mounted on

short poles no greater than two feet high.

NON-COMMERCIAL SIGN. A sign containing copy which does not promote a business, commodity,

service, or entertainment.

OFF-PREMISE SIGN. A sign which promotes products, services or activities conducted, sold or

offered somewhere other than upon the same premises where the sign is located.

PENNANT. Any lightweight plastic, fabric or other material, whether or not containing a message of

any kind, suspended from a rope, wire, or string, usually in series, designed to move in the wind.

PORTABLE SIGN. A sign, whether on its own trailer, wheels or otherwise, designed to be movable

and not permanently affixed to the ground, a building, structure or another sign. Included are signs

displayed on a parked or moving vehicle or trailer or other vehicle and functioning primarily as a sign.

This definition does not apply to signs or lettering on buses, taxis, or vehicles operating during the

normal course of business.

POST & ARM SIGN. A freestanding sign comprised of a vertical post to which a perpendicular arm is

attached and from which the sign hangs.

POSTER. A sign affixed to trees, other natural vegetation, rocks, or utility poles.

PRIMARY SIGN. An establishment’s principal sign, i.e., the sign which identifies the business to

passersby.

PRINCIPAL FAÇADE. The face of a building which contains the primary entrance to the

establishment.

PROJECTING SIGN. A sign attached to a building wall or structure that projects horizontally or at a

right angle more than nine (9) inches from the face of the building. Such signs shall be securely

anchored and shall not swing or move in any manner.

PYLON OR POLE SIGN. A freestanding sign with the base of the actual sign area at least five (5) feetabove the ground supported by a vertical pole.

REAL ESTATE SIGN. A temporary sign advertising the sale, lease or rental of the property or

premises upon which it is located.

ROOF SIGN. A sign erected on a roof or extending in height above the main roofline of the building

on which the sign is erected.

SECONDARY SIGN. A sign which communicates accessory information, e.g., hours of operation,

different products sold.

SETBACK. The distance from the property line to the nearest part of the applicable building,

structure or sign, measured perpendicularly from the property line.

SIGN. Any material, structure or device, or part thereof, composed of lettered or pictorial matter

which is located out of doors, or on the exterior of any building, including window signs over two (2)

square feet in area located within three (3) feet of the window surface and intended to be viewed from

the exterior of the building, displaying an advertisement, announcement notice or name, and includes

sign frames, billboards, signboards, painted wall signs, hanging signs, illuminated signs, pennants,

fluttering devices, projecting signs or ground signs, and shall include any declaration demonstration,

Definitions




display, illustration or insignia used to advertise or promote the interests of any person or business or

cause when the same is placed in view of the general public.

SIGN AREA. Includes all faces of a sign measured as follows. a) When any sign is framed or outlined,

all of the area of the frame or outline shall be included; b) Sign measurement shall be based upon the

entire area of the sign with a single continuous perimeter enclosing the extreme limits of the actual sign

surface, not including structural supports if they are not used for advertising purposes; c) the area of asign consisting of an insignia or other device, but without background, shall be calculated as the

smallest polygon or circle possible enclosing the insignia; d) the area of a window sign consisting only of

letters and symbols affixed or painted on glass shall be calculated as the smallest polygon or circle

possible enclosing all of the letters and symbols.

TEMPORARY SIGN. Any sign that is displayed only for a specified period of time and is not

permanently mounted.

WALL SIGN. A sign that is painted on or attached directly to the outside wall of a building, with the

face of the sign parallel to the wall and having a visible edge or border extending not more than nine (9)

inches from the face of the wall.

WINDOW SIGN. A sign visible from the exterior of the window but affixed or painted on glass or

other window material in the interior of the building or structure.

H. Terms Used Principally, if not exclusively, within Article V, Section X,

Noise Regulations:

AMBIENT NOISE -- The all-encompassing noise associated with a given environment, being usually a

composite of sounds from many sources.

A-WEIGHTED SOUND LEVEL -- The sound pressure level in decibels as measured on a sound level

meter using the A-weighted network. The level so read is designated "dBA” .

"dBA" -- The abbreviation designating the unit of sound level as measured by a sound level meter using

the A-weighting, also known as “dBA." All references to "decibel" or "db" shall be presumed to mean

"dBA" unless otherwise specified.

DECIBEL -- The practical unit of measurement for sound pressure level. The number of decibels of a

measured sound is equal to 20 times the logarithm to the base 10 of the ratio of the sound pressure of

the measured sound to the sound pressure of a standard sound (20 micropascals), abbreviated "dB."

EMERGENCY -- Any occurrence or circumstances involving actual or imminent physical trauma or

property damage threatened or caused by an emergency that demands immediate action.

MUFFLER -- A device or system for abating the sound of escaping gases of an internal combustion

engine.

NOISE -- Any sound which annoys or disturbs humans or which causes or tends to cause an adverse

psychological or physiological effect on humans in the Town.

SOUND -- An oscillation in pressure, particle displacement, particle velocity or other physical

parameter, in a medium with internal forces that causes compression and rarefaction of that medium.

The description of sound may include any characteristic of such sound, including duration, intensity

and frequency.

Definitions




SOUND LEVEL -- The weighted sound pressure level obtained by the use of a sound level meter and

dBA frequency weighting network

SOUND LEVEL METER -- An instrument, including a microphone, amplifier, an output meter, and

frequency weighting networks for the measurement of noise and sound levels in a specific manner and

which complies with standards established by the American National Standards Institute (ANSI)

specifications for sound level meters.

Definitions




Article XIV. Fee Reimbursement

A. Intent.

The intent of the Town Board is to provide a mechanism for the reimbursement of fees and expenses,

which would otherwise be paid by the assessment of the Taxpayers of the Town of Rhinebeck, todefray the cost to the Town for the retention of competent engineering, planning, legal and other

consultants to review projects before the Town of Rhinebeck Planning Board, Zoning Board of

Appeals and Town Board for which Special Permit, Variance, Site Plan Review and Approval,

Subdivision review and approval or other approvals are sought by an applicant and to assist those

Boards and Town officials in the inspection and approval of any installations, infrastructure or

improvements after final approval of such applications. The Town Board finds that it is essential for

the Town to be able to retain the services of competent engineers, planners, lawyers and other

professional consultants to assist the boards in the review of such applications. The Town Board also

finds that it is necessary and proper to establish a procedure to be followed requiring the deposit of

those funds in a separate account and requiring that payments from that account be made only upon

receipt and approval by the Town Board of itemized vouchers from its consultants, and that such feesof the consultants be reasonable and necessary.

B. Professional Fees.

1. The Rhinebeck Planning and Zoning Boards and the Town Board, in the review of any

applications pending before said Boards, may retain such engineering, planning, legal, technical

or environmental consultants, or professionals (“consultant services”) as such Boards shall

deem reasonably necessary to assist the Boards in their review of such applications and in the

inspection and approval of any installations, infrastructure or improvements after final approval

of such applications.

2. The applicant shall reimburse the Town of Rhinebeck for the cost of such consultant services.

3. The Town Board shall review and audit all vouchers submitted by such consultants and shall

approve payment only if such consulting fees and disbursements as are reasonable in amount

and necessarily incurred by the Town in connection with the review, consideration and

approval of the proposed project or in the inspection and approval of any installations,

infrastructure or improvements after final approval of such applications. For purposes of the

foregoing, a fee, or part thereof, shall be deemed a reasonable amount if it bears a reasonable

relationship to the average charge by consultants to the Town for services performed in

connection with the review and approval of similar projects in the Town, and if there are no

similar projects in the Town, then for similar projects located in Columbia and Dutchess

Counties and the surrounding area, to the extent that such similar projects may exist. TheTown Board may take into consideration the size, type and nature of the project, together with

such special features including, but not limited to, topography, soil conditions, water, drainage

conditions and any special conditions or considerations as the Town Board may consider

relevant.

4. A fee or expense, or part thereof, is necessarily incurred if it was charged by the engineer,

attorney, planner or other professional consultant for a service which was rendered in order to



assist in the protection or promotion of the health, safety or welfare of the Town or its

residents; to assist in the protection of public or private property or the environment from

potential damage which otherwise may be caused by the proposed land use or development; to

insure or assist in compliance with laws, regulations, standards or codes which govern land use

and development; to insure or assist in the orderly development and sound planning of a land

use or development; to insure the proper and timely construction of public improvements,parks, and other facilities which affect the public welfare; to protect the legal interests of the

Town; to avoid claims against, and liability of, the Town; or to promote such other interest that

the Town Board may specify as relevant.

5. At such time as the application is approved or denied by the Planning Board, Zoning Board or

Town Board, or in the event inspections are to be made by consultants after approval is granted

and the work is performed, such final inspections are made and the work is determined to be

satisfactory, the Town shall refund to the applicant the deposit required pursuant to Section 3

less any sums expended by the Town for such consultant services relating to said project after

final audit of the consultant vouchers by the Town Board and payment of such consultant fees.

A copy of the computation of said sums so expended shall be provided to the applicant at the

time that the Town shall calculate the refund, if any, due the applicant.

C. Escrow Accounts.

1. As soon as possible after submission of any application, an escrow account shall be established,

from which withdrawals shall be made to reimburse the Town for the costs of consultant

services. The applicant shall then provide funds to the Town for deposit into such account in

an amount to be determined by the reviewing board with the advice and recommendation of

the Town’s Engineer, Attorney and/or Planner based on their evaluation of the nature and

complexity of the application and their estimation of the project’s total value, using the

following schedule as a general guideline, with the decision of the reviewing board to be final

and conclusive on the applicant:

a. For residential projects, the total project value shall be calculated based on the actual

purchase price of the land or the fair market value of the land, whichever is higher, plus the

cost of all required site improvements. In the case of such projects, the initial escrow

deposit shall be no more than two percent of the total project value.

b. For commercial and industrial projects, the total project value shall be calculated on the

actual purchase price of the land or the fair market value of the land, whichever is higher,

plus the cost of supplying utility service to the project, the cost of site preparation and the

cost of labor and material as determined with reference to a current cost data publication

in common use. In the case of such projects, the initial escrow deposit shall be no more

than two percent of the total project value.

c. For projects involving the extraction of minerals, the total project value shall be calculated

on the cost of site preparation for mining. Site preparation cost means the cost of clearing

and grubbing and removal of over-burden for the entire area to be mined plus the cost of

utility services and construction of access roads. Such costs are determined with reference

to a current cost data publication in common use. The escrow deposit shall be no more

than two percent of the total project value. For those costs to be incurred for phases

Fee Reimbursement

July 2008 Draft



occurring three or more years after issuance of a permit, the project value shall be

determined using a present value calculation.

2. At the time of submission of any application, the applicant shall, in addition to the application

fee, submit an initial escrow account funding fee in accordance with a fee schedule adopted by

the Town Board by Resolution and an estimate of the total project value prepared by an

engineer, architect, surveyor or other qualified professional. The initial escrow account fundingfee shall be in an amount sufficient to cover the consultant services costs necessary to review

the application and plans upon submission, and to offer recommendations to the reviewing

board as to the amount of the initial escrow deposit. The balance of any unexpended portion

of that initial escrow account fee shall be applied by the Town towards the applicant’s required

initial escrow deposit.

3. After the amount of the initial escrow deposit is determined by the reviewing board, the

applicant shall be notified of the amount of the initial escrow deposit and how that amount

was calculated. In the event that the applicant disagrees with the amount of the initial escrow

deposit, the applicant shall have the right to file written objections with the reviewing board

specifying the applicant’s objections to the amount of the initial escrow deposit. Thereviewing board shall, within a period of thirty (30) days after receipt of the objections, make a

final determination as to the amount of the initial escrow deposit. The applicant shall then be

required to sign a written Escrow Agreement with the Town specifying, in relevant part, the

amount of the initial escrow deposit and the protocol for payment of consultant’s fees, and the

auditing of the same and the requirement of additional funds to be deposited in the escrow

account as specified by this Local Law. The application shall not be deemed complete for

purposes of commencement of review of the same by the reviewing board until such time as the

Escrow Agreement is signed by the applicant and the initial escrow amount is deposited by the

applicant with the Town.

4. The applicant shall be provided with copies of vouchers submitted for payment by the

consultants for such services as they are submitted to the Town for payment.

5. All sums paid by the applicant shall be deposited in a separate account by the Town from which

withdrawals as provided in this local law shall be made.

6. When the balance in such escrow account is reduced to one-third (1/3) of its initial amount,

the Town shall advise the applicant and the applicant shall deposit additional funds into such

account to bring its balance up to the amount of the initial deposit. If such account is not

replenished within ten (10) business days after the applicant is notified, in writing of the

requirement for such additional deposit, the reviewing board may suspend its review of the

application.

7. A building permit, certificate of occupancy, or other permit, approval or action being sought

shall not be issued unless all professional review fees charged in connection with the applicant’s

project have been reimbursed to the Town by the applicant.

8. All fees required pursuant to this Local Law shall be collected by the Town through its

bookkeeper or Town Clerk.

Fee Reimbursement

July 2008 Draft



9. This Local Law shall be applicable to applications pending at the time it shall become effective

unless a prior agreement concerning such fees between the applicant and the Town has been

executed.

D. SEQR Review.

In the event that a Positive Declaration is made in accordance with the New York State

Environmental Quality Review Act (SEQR), all subsequent consultant review fees that are necessary

for the preparation or review of an EIS shall be reimbursed to the Town in accordance with the

procedures established under SEQR. The applicant shall maintain the basic escrow account for the

continued review of the application that is not directly related to the preparation or review of an EIS.

The Town may require the applicant to establish a separate escrow account for the consultant services

costs necessary for the preparation or review of an EIS. All deposits, reimbursements and refunds

shall be made in accordance with the provisions of this Zoning Law.

Fee Reimbursement

July 2008 Draft



State Environmental Quality Review Act (SEQR)

DRAFT SCOPING DOCUMENT

Draft Generic Environmental Impact Statement Proposed Adoption of Town Comprehensive Plan

Amendments to Town Zoning Law and Freshwater Wetlands Law

Town of Rhinebeck, Dutchess County, NY

DESCRIPTION OF THE PROPOSED A CTIONS

The proposed actions are the adoption of a new Comprehensive Plan for the Town of

Rhinebeck entitled The Rhinebeck Plan, adoption of Amendments to the Town Zoning

Law and adoption of a Freshwater Wetlands Local Law. The current Town of Rhinebeck

Comprehensive Plan was adopted on June 5, 1989. This means that much of the

information provided, especially the socio-economic data, is almost 30 years old.

Community values are based upon a 1985 public opinion survey and the regional trends

that affected Rhinebeck’s growth up to that point have shifted. The Town Zoning Law was

adopted on June 12, 1989 and, currently the Town does not have a Local Law regulating

freshwater wetlands.

Today, development pressure in Rhinebeck comes primarily from the south. Since World

War II, growth has steadily moved outward from New York City – initially in Westchester,

Bergen and Nassau Counties. In the 1960s, as land in those counties was developed,growth moved on to available land in Rockland and Suffolk Counties. Now, growth has

moved to a new ring of suburbs, located 45 to 75 miles away from Manhattan. Dutchess

County, as well as Orange, Putnam, Ulster and eastern Suffolk Counties, are situated

within this ring, and these are the areas that experienced most of the region’s growth in

recent decades. While population in the core counties surrounding New York City has

either declined or remained substantially unchanged in recent decades, in the counties

making up the “outer ring” of the metropolis, population has expanded.

Rural areas such as Rhinebeck have experienced market pressure for residential

development from people who work within commuting distance of New York City, and

wish to live where open space is still available. Developers from the metropolitan area arealso looking in Dutchess County and elsewhere in the Hudson Valley for lands that are

available for development. This trend is expected to continue as people seek a more rural

lifestyle, and as developers run out of places to carry on their development activities within

the suburbs closer to New York City. As people are drawn to rural areas like Rhinebeck

however, the very qualities that attract people in the first place, are transformed as the

community “builds-out” its remaining available lands with housing. As discussed in the



Comprehensive Plan, Zoning Law and Wetlands Law

Draft Scoping Document (July 14, 2008) Page 2

Proposed Comprehensive Plan, Rhinebeck is currently zoned for a suburban style of

development with all lands designated for one, three and five acre lots.

These and other trends have affected housing prices, which have increased significantly. In

1980, the mean (average) value of an owner occupied house was $52,783. According to

the US Census, this figure was $151,350 in 2000. Median (middle) value was even higherin 2000 at $174,500. In May of 2006, the lowest “for sale” price of a single family home

in Rhinebeck on the Mid-Hudson Multiple Listing Service was $264,000. According to

the same source, the average price of a single-family home in Dutchess County in 2005 was

$396,678. The implications of this on residents’ ability to afford a home have been

dramatic. For example, someone making 80 percent of the median family income for

Dutchess County,1 the lowest price home currently on the market for $264,000 would be

out of their reach. To counteract this existing problem, the Proposed Comprehensive

Plan presents a 25-point Inclusionary Housing Program as summarized in Section

II(A)(d)(iii) below.

In spite of the development trends occurring in Rhinebeck and the region as a whole (asmore fully described in the draft Comprehensive Plan) Rhinebeck has largely maintained

the special qualities of a rural and agricultural community. The Town of Rhinebeck has a

rich historical and cultural past spanning over 300 years of European settlement and

several thousand years of pre-historic habitation by Native Americans. Much of

Rhinebeck's unique legacy is recognized in two large historic districts and many scattered

historic sites throughout the town. The town is home to a portion of a National Historic

Landmark District, the State Mid-Hudson Historic Shorelands Scenic District, the Estates

District Scenic Area of Statewide Significance, State Scenic Byways, and a Coastal Zone

area. It is also within the Hudson River Valley National Heritage Area and the state’s

Hudson River Valley Greenway.

This Draft Scoping Document has been prepared by GREENPLAN Inc. and AKRF for the

Town Board of the Town of Rhinebeck, Lead Agency for the SEQR review of the proposed

actions. The Town Board will prepare a Draft Generic Environmental Impact Statement

(DGEIS) under 6 NYCRR 617.10(b), the implementing regulations for the State

Environmental Quality Review Act. The document will be prepared in a generic format

because adoption of the proposed Comprehensive Plan, Zoning Law and Freshwater

Wetlands Law will have a wide application, will affect properties throughout the Town,

and will have generic or common effects.

As discussed in the SEQR Regulations at 6 NYCRR 617.10(a) “A generic EIS may be used toassess the environmental impacts of…an entire program or plan having wide application or restricting

the range of future alternative policies or projects, including new or significant changes to existing land

use plans…” The adoption of the proposed Comprehensive Plan will not, by itself, authorize

1 The 80% of median income is a benchmark used by the US Department of Housing and Urban Developmentand is in common use to define what constitutes affordable housing. For 2000, it was $53,853 in DutchessCounty.





any new uses of land. That can only occur after the Zoning Law Amendments have been

adopted, as recommended in the Proposed Comprehensive Plan, after all necessary site

specific SEQR reviews have been conducted for any new proposed uses and only after all

approvals (such as subdivision, site plan, and special use permit approval) have been

secured from the Town of Rhinebeck as well as approvals from other agencies.

To prepare the proposed Comprehensive Plan, the Town Board appointed a 22-member

Comprehensive Plan Committee, comprised of Rhinebeck residents including planners,

architects, land use experts, business owners, town officials and others, representing diverse

backgrounds and interests, to prepare the Plan. The Committee worked for more than

three years to create a plan that addresses the attitudes and reflects the choices of the

majority of Rhinebeck residents. The Committee sought out the preferences and priorities

of townspeople through a detailed, town-wide survey, eleven visioning sessions and more

than 200 Committee meetings, workshops, and forums. The community values that

emerged include averting sprawl and preserving open space; preventing “big box,” franchise

and formula businesses, as well as strip development, and preserving Rhinebeck village as

the town’s commercial center; providing diverse housing choices that are affordable toRhinebeck’s workforce, new workers and fixed income residents; and connecting the town,

village and Hamlet of Rhinecliff with sidewalks and biking trails.

The Plan addresses most aspects of life in the town, including: economic growth; affordable

housing; home-based work; agriculture and open space; historic resources; fire districts;

water/sewer; transportation; and recreation, scenic, and cultural resources, among myriad

others. Regional issues, especially affordable housing and conservation of natural resources

that transcend municipal boundaries, were studied and considered and more than 400

actions were developed and recommended for adoption by the Town Board. During the

planning process, the Town Board appointed an Open Space and Affordable HousingCommittee to study these issues in depth. The Rhinebeck Open Space and Affordable Housing

Implementation Plan, which resulted from the Committee’s efforts, has been included in the

Proposed Comprehensive Plan. Furthermore, a Biodiversity Assessment was commissioned

by the Town Board, resulting in a report by Hudsonia Ltd. entitled Significant Habitats.

This report has been added to the Proposed Comprehensive Plan as well.

The proposed Amendments to the Zoning Law have been designed to be consistent with

the ± 400 actions recommended in the Plan. They have also been designed to be

consistent with the Dutchess County Greenway Compact Program guidelines, with the

recently approved Local Waterfront Revitalization Program, and with the Amendments made

to the Planning and Zoning enabling laws in New York State Town Law primarily duringthe 1990’s. New Zoning Districts have been created and a variety of land uses have been

added or removed from the list of allowable uses. To implement the “Centers and

Greenspace Plan” in the Proposed Comprehensive Plan, residential densities have been

increased in parts of the Town deemed appropriate for compact development and

decreased in other parts of the Town deemed more appropriate for rural, agricultural,

forestry and open space uses. Neighborhood Infill Overlay Zoning Districts are proposed

to allow for infill development and potentially additional affordable housing in select





hamlet areas; neighborhood extensions are proposed to allow residential development on

smaller (e.g., 6,000 square foot lots) in areas adjacent to the Village and the hamlet of

Rhinecliff; and application of density bonuses for additional affordable housing, additional

open space, or public access to open space are proposed for new development. Conservation subdivision design is proposed to be used as a tool for most new residentialdevelopment in the Town. New standards governing lighting, signage, noise, landscaping,

parking, stormwater management, affordable housing, habitat management, solar

energy/green building construction, and traditional neighborhood development, among

others, have been added.

The proposed Wetlands Local Law has also been designed to be consistent with the actions

recommended in the Plan. Wetlands larger than 12.4 acres in size are regulated by the

State of New York and wetlands that are connected to navigable bodies of water are

regulated by the US Army Corps of Engineers. Many smaller wetlands, however, are not

regulated at all in the Town of Rhinebeck. This includes but is not limited to intermittent

woodland pools, which have been identified by the Town of Rhinebeck Significant Habitats study as “one of the most imperiled habitats in the region.” New York State agencies, such

as the Department of Environmental Conservation and Department of State encourage

municipalities to protect wetlands through adoption of local regulatory legislation. The

proposed Local Law would require the issuance of a Wetlands Permit, by the Town

Planning Board, before certain development activities could be initiated within wetlands

and an adjacent upland buffer area.

DGEIS INTRODUCTION

The proposed Draft Generic Environmental Impact Statement (DGEIS) will assemble

relevant and material facts, evaluate reasonable alternatives, and be analytical but not

encyclopedic. It will also be clearly and concisely written in plain language that can be

easily read and understood by the public. Highly technical material will be summarized

and, if it must be included in its entirety, it will be referenced in the DGEIS and included

in an appendix.

This Draft Scoping Document represents issues and known concerns identified by the

Town Board. Public Scoping was originally conducted during May of 2006. At that time,the Town Board prepared a Draft Scoping Document and held a public scoping session on

May 22, 2006. Subsequent to the 2006 public Scoping Session, the Town Board decided

to include in a comprehensive SEQR analysis the proposed Comprehensive Plan, Zoning

Law and Wetlands Law. Additional public scoping will be conducted. Public input is

sought on this Draft Scoping Document through circulation of it to all Interested

Agencies, through publication of a “Notice of DGEIS Scoping” in the Gazette Advertiser,

through availability of the Draft Scoping Document at Town Hall, the Starr and Morton





Memorial libraries, at http://www.Rhinebeck-NY.gov for viewing or downloading and

through a public scoping session to be held at 6:45 PM on August 14, 2008 at Town Hall.

There will also be a period for additional written public comment on the Draft Scoping

Document that will end on August 25, 2008.

This document is intended to serve as the foundation for the identification of allpotentially significant adverse impacts pertinent to the proposed actions and appropriate

mitigation measures. It is also intended to eliminate consideration of any impacts that are

irrelevant or non-significant.

The DGEIS will be written in the third person without use of the terms I, we, and our.

Narrative discussions will be accompanied to the greatest extent possible by illustrative

tables and graphics. All graphics will clearly identify the subject item. The DGEIS will

group each issue identified into one Existing Setting, Impacts, and Mitigation section to

permit more expedient and efficient review. Footnotes will be used as the form of citing

references. All assertions will be supported by evidence. Opinions that are unsupported

by evidence will be identified as such.

The DGEIS may incorporate by reference, in accordance with 6 NYCRR 617.9(b)(7), all or

portions of other documents, including EISs that contain information relevant to the

subject DGEIS. Other SEQR documentation will only be referenced if it is available at the

Town Hall for inspection.

DRAFT GEIS CONTENTS

Cover Sheet listing preparers, title of action, DGEIS identification, location, Lead Agency,

and relevant dates (i.e. date of acceptance, date of public hearing, final date for acceptance

of comments).

Table of Contents including listings of tables, figures, maps, charts, and any items that may

be submitted under separate cover (and identified as such).

I. Executive Summary

The Executive Summary will include a brief description of the proposed actions and a

summary of potential environmental impacts, with issues of controversy specified, andproposed mitigation measures. A summary will be provided of the actions required of the

Town Board as well as others, such as the Town Planning Board and the Dutchess County

Department of Planning and Development. Alternatives to the proposed actions will be

summarized here.





II. Description of the Proposed Action

This portion of the DGEIS provides a description of the proposed actions, including

background and need, location, and identification of appropriate governmental actions.

A. Project Purpose, Need and Benefits a. Background and history including the planning process, public

participation components and studies completed for the Proposed

Comprehensive Plan Zoning Law and Wetlands Local Law.

b. Proposed Comprehensive Plan

i. The Town and surrounding areas will be identified on a map

and the regional context will be illustrated. Other relevant

maps that could contribute to an understanding of the proposed

Comprehensive Plan will also be provided.

ii. A build-out analysis of the current Zoning Law, developed for

the Proposed Comprehensive Plan, will be discussed. The

alternative build-out scenario, also developed for the ProposedComprehensive Plan, will be contrasted with the current Zoning

build-out to illustrate the differences that exist between the

current and proposed comprehensive plans. The analyses will

provide quantitative data where possible. The Comprehensive

Plan committee and its consultants have previously prepared a

land use build-out analysis and fiscal impact analysis, which will

be used as a basis of discussion. This analysis evaluated the

potential full build-out of undeveloped land within the Town

and the potential fiscal implications that the new residential

population would have on the community. The EIS willsummarize this material and present a second analysis that looks

at potential effects of a roughly 20-year timeline. By focusing on

a 20-year planning horizon, and using trend data on population

growth and housing development, a second analysis will be

provided to bracket the higher estimates of the full build-out.

Population projections prepared by the New York Metropolitan

Transportation Council (NYMTC) and relied upon by the

Poughkeepsie-Dutchess County Transportation Council

(PDCTC) and Dutchess County Planning Department; 1990

and 2000 United States Census Bureau data; and Town of

Rhinebeck Building Department data (number of buildingpermits issued for new residential dwellings) will be used to

estimate future residential population by 2025. For non-

residential development, recent “Retail Market Place” data

provided by ESRI, Inc. (a national firm that provides

Geographic Information Systems (GIS) software and

geographically-coded demographic and economic data) will be

used to see how much new development could be supported by





the existing population within the Town of Rhinebeck. A

suitable growth factor will be applied to account for demand

from new residential populations and to provide a “reasonable

worst case scenario.”

c. Proposed Zoning Amendments:

i. The proposed zoning map changes will be identified, describedand mapped.

ii. The proposed Zoning text amendments will be identified and

described

d. Public Need and Benefits:

i. The potential consequences of a likely conventional suburban

development scenario of the Town, under existing Zoning, will

be discussed.

ii. The public need and potential benefits, including social and

economic considerations, of an alternative development

scenario of the Town as recommended by the Proposed

Comprehensive Plan, will be discussed.iii. Decreasing the density of development in most of the Town may

have an effect on the cost of housing in the community. To

compensate for this potential effect the Proposed

Comprehensive Plan’s Open Space and Affordable Housing

Implementation Plan element and the Proposed Zoning Law

includes a comprehensive inclusionary 2 zoning program, that

addresses: priority mixed-use and mixed-income growth centers;

allowing multi-family and other types of non-single family

housing throughout the Town; allowing construction of

accessory apartments in existing residences, accessory structuresor new construction; requiring that 20 percent of all dwellings

in new housing developments be set aside as permanent

affordable dwellings; and other measures to avoid the possibility

of creating exclusionary 3 zoning.

B. Location

a. Town location in the context of the Hudson River Valley region will be

described.

b. Existing Zoning and Land Uses in the Town and surrounding areas will

be illustrated and discussed.

c. Rhinebeck is home to a portion of a National Historic Landmark

District, the State Mid-Hudson Historic Shorelands Scenic District, theEstates District Scenic Area of Statewide Significance, State Scenic

Byways and a Coastal Zone area. It is also within the Hudson River

2 Inclusionary zoning is achieved when a municipality exercises its zoning authority to allow for the provision

of multi-family and other housing types that are more affordable than large-lot single family housing.3 Exclusionary zoning is defined as local zoning that prevents non-affluent households from living in thecommunity. Where exclusionary zoning has been found to exist, it can be declared unconstitutional by thecourts.





Valley National Heritage Area and the state’s Hudson River Valley

Greenway, to name just a few of the designations that have recognized

the town’s exceptional natural and cultural characteristics. Rhinebeck is

also a member of the Greenway Compact. Each of these designations

will be discussed together with a discussion of the Proposed

Comprehensive Plan’s, Zoning Law’s and Freshwater Wetlands Law’sconsistency with such designations and their implications for planning

in Rhinebeck.

C. Implementation

a. SEQR Process

b. Reviews and Approvals

III. Environmental Setting, Impacts, Mitigation

This section of the DGEIS will include three separate sections: an assessment of theexisting Townwide environmental conditions, future without the proposed actions and

potential generic impacts of the proposed actions. The future without the proposed actions

section will analyze how the Town will grow and change without any changes to the

current Comprehensive Plan and Zoning Law. The potential impacts section will analyze

and evaluate potential impacts associated with implementation of the proposed

Comprehensive Plan, Zoning Law and Wetlands Law. Any proposed mitigation measures

will be discussed, as appropriate, for each of the major issues identified in this Scoping

Document.

A. Land Use and Zoning

a. Existing and Potential Land Use and Zoning:

i. Describe existing and potential land use and zoning in the

Town.

ii. Discuss maximum potential development density (generic build-

out) for proposed land uses in the Town.

iii. Discuss whether proposed land uses are compatible with the

rural, scenic, natural and historic character of the Town.

Address the extent to which the proposed Plan will prevent the

proliferation of additional suburban sprawl throughout theTown.

iv. Discuss how compact growth centers are consistent with the

goals and intent of the existing Comprehensive Plan and Zoning

Law . Discuss conformance of the proposed actions with

relevant Dutchess County planning documents including

Directions and Greenway Connections, other Hudson River Valley





Greenway guidance documents as well as the plans and

programs developed by State and other agencies.

v. Discuss potential impacts and appropriate mitigation for the

actions.

b. Agricultural Resourcesi. Identify agricultural districts, active agricultural lands, historic

agricultural structures, prime agricultural soils and discuss

regulatory requirements and land classifications in the Town.

ii. Discuss potential impacts and mitigation.

iii. Agricultural Resources

c. Socio-Economics and Affordable Housing

i. Identify existing socio-economic conditions including

population growth, population density, demographic

characteristics, household income and family income,educational attainment, employment, housing conditions, with

particular emphasis on affordable housing.


B. Water Resources

a. Surface Water: (wetlands discussed in separate section)

i. Locate and describe surface water resources in the Town that

may be affected by future development.

ii.

Discuss federal and state surface water regulations.iii. Describe drainage patterns and flooding potential.

iv. Discuss stormwater management including potential impacts on

100-year floodplains and stormwater quantity and quality.

b. Ground Water:

i. Identify and describe important aquifers in the Town.


C. Terrestrial and Aquatic Ecology

a. Vegetation:

i. Discuss general vegetative communities in the Town.

ii. Identify possible presence of unique, rare and/or endangered,

threatened and special concern species through contact with the

New York State Natural Heritage Program and the US Fish &

Wildlife Service.

iii. Discuss potential impacts and mitigation.





b. Wildlife:

i. Identify possible presence of unique, rare and/or endangered,

threatened and special concern species through contact with the

New York State Natural Heritage Program and the US Fish &

Wildlife Service. Discuss the Town’s on-going biodiversity project.


c. Wetlands:

i. Identify locations of State and federal wetlands within the

Town.

ii. Discuss State and federal compliance requirements for any

future land use development within freshwater wetlands as well

as adjoining upland areas. Discuss proposed freshwater wetland

regulations. iii. Discuss potential impacts and mitigation.

d. Geology:

i. Identify and discuss soil types, depth to bedrock, depth to water

table and potential effects on development.

ii. Identify and discuss topography and slopes greater than 15

percent.

iii. Discuss potential impacts and mitigation.

D. Transportation

a. Traffic:

1. Discuss existing traffic patterns and volumes in the Town, based

upon recently completed traffic studies and AADT4 counts. Where

information is available from such studies, describe physical and

operating characteristics.

i. Estimate maximum potential traffic generation rates resulting

from the build-out analysis of existing Zoning and alternativedevelopment scenarios, based on the Institute of Transportation

Engineer’s Trip Generation Manual. Greater emphasis will be

placed on the potential traffic generation of the priority growth

centers. The potential for reduced traffic congestion in the

Town, as a result of reduced densities, will be discussed.

4 AADTs are collected by county and state agencies and consist of Average Annual Daily Traffic on roads.





ii. Identify intersections of concern in the Village and Town, based

upon the data from existing traffic studies.

iii. Discuss potential impacts and mitigation measures as identified

in the Town’s 2006 Traffic Study.

iv. Discuss the potential need for future traffic improvements,

including traffic calming measures, connections to existingpublic roads and streets, or other alternative transportation

management methods.

b. Public Transportation:

i. Discuss current and potential public transportation services in

the Town that may be available to serve future development.


c. Pedestrian and Bicycle Environment:

i. Discuss the existing and potential pedestrian and bicycle system

available to serve the Town. Address pedestrian and bicycle

access, trails and pathways.


E. Community Services and Infrastructure

a. Police and Fire/Emergency Protection:

i. Describe existing police services and fire/emergency services

provided by the Town and/or Village and any cooperative

agreements in existence that could be affected by the

recommended Proposed Comprehensive Plan.


b. Utilities:

i. Discuss availability of electric, natural gas, cable, Internet, and

telephone services in the Town.

ii. Discuss potential need for expansion of existing services.

d. Water and Wastewater:

i. Discuss existing and projected future availability and adequacy of

water supply and wastewater treatment.

ii. Estimate maximum water use requirements and sewer

requirements based on the existing and alternative buildout

scenarios.





iii. Discuss potential improvements that may be required to serve

future development with and without the Plan and mitigation

measures.

F. Cultural Resources

a. Historic and Archaeological Resources:

i. Identify the presence of known historic and archaeological sites

within the Town. Identify areas with the potential for additional

discovery.


b. Community Character

i. Discuss the existing and proposed future character of the Town

under both the existing zoning build-out and proposed zoning build-out scenarios.

ii. Describe the potential character of the proposed land use scenarios

and how they will conform to and/or enhance community

character.

iii. Discuss the use of design standards or guidelines.

iv. Discuss the extent to which the proposed TND and other priority

growth districts could lead to or detract from creation of greenbelts

around the Village and Hamlet of Rhinecliff. Discuss potential

impacts of priority growth areas on adjoining residential lands.

v.

Effects of the build-out on community character will be ascertained,among other ways, through the use of theoretical development of

parcels based on aerial photography. These layouts will describe

how development could happen on typical parcels given different

zoning approaches and different requirements for open space and

natural resource protection. These studies will be supplemented by

photographs of existing development throughout Rhinebeck

showing different residential densities and different development

patterns.

G. Economic and Fiscal Considerations

a. Describe and discuss the existing Town and School District tax base.

b. Discuss potential revenues generated from the existing zoning build-out

and the proposed alternative build-out.

c. Discuss the potential costs of providing services based upon the build-

out analysis.

d. Discuss funding alternatives for the provision of community services,

such as special improvement districts for lighting, drainage, water, and





sewer as well as the potential for a development improvement district so

that affected parcels contribute to property enhancements in priority

growth areas.

IV. Unavoidable Adverse Impacts

This section of the DGEIS will identify impacts that are likely to occur despite mitigation

measures, and will compare the beneficial and adverse implications of these unavoidable

impacts.

V. Alternatives

The following alternatives will be discussed in the DGEIS. Each alternative will be

analyzed to ascertain: a) consistency with the Comprehensive Plan goals and objectives; b)

feasibility for provision of and opportunities for affordable housing; c) ability to protect the

Town’s community character including its natural, scenic, and cultural (historic) resources;

and d) the ability of each alternative to avoid significant adverse impacts. Each alternative will also be evaluated on an equal basis so that, at the conclusion of the SEQR process and

following public hearings on the Proposed Comprehensive Plan, Zoning Law and

Wetlands Local Law, the Town Board can select the proposed actions, an alternative to the

proposed actions or some variation of the proposed actions and/or alternatives. Where

possible, the alternative analyses will include quantitative data.

The ability of each alternative to meet affordable housing needs will be ascertained through

an accounting of the possible number of affordable housing units under each Zoning

scenario. The number of affordable housing units will be derived by applying a factor to

the total number of dwelling units permitted in any one area. The factor will bedetermined by identifying the dwelling types (e.g., single-family, two-family, or multi-family)

permitted in each area and the relative likelihood that two-family and multi-family

dwellings would be created given the provisions of the Zoning. This number will be

factored against a calculation of the local and regional need for affordable housing.

The effects of the alternatives on natural resources will be evaluated generically using the

inventory already assembled as part of the comprehensive plan process. Evaluations of

individual Comprehensive Plan and Zoning components will highlight the intended

purpose to provide further protection of the environment.

Traffic levels for the alternatives will be provided in a quantitative fashion based upon theanalysis already completed by AKRF on potential traffic impacts of the Astor Flats TND on

the intersection of Route 9 at Market Street and Route 9 at Route 9G. This analysis will

be described and differences between development with the Astor Flats TND and without

will be described to show the relative effects of additional density at key locations within

the Town versus more dispersed development throughout the Town.





The effect of each alternative on cultural resources will be described based upon how well

the alternatives are able to guide growth in relation to the existing historic district and

individual historic resources. Cultural and historic resources are a key component of the

Town’s overall community character so that analysis, earlier in the EIS, will also evaluate

potential impacts on historic resources.

Community services, infrastructure, and economic and fiscal considerations will use the

existing fiscal impacts analysis as a base and describe, generally, the potential impacts of

new growth. The second analysis of potential population growth by 2025 will be used to

refine the analyses contained in the full build-out.

A. No Action Alternative. Describe a scenario where none of the three

actions are taken. Describe a scenario where some variation of the no-

action alternative, namely one or two of the three actions is taken but not

all three.

B. Existing Zoning with Conservation Subdivision Provisions. Analyze

whether the goals and objectives of the Proposed Comprehensive Plan canbe achieved only through the application of conservation subdivision with

40 to 50 percent mandatory open space.

C. Modifications to the Proposed Comprehensive Plan and Zoning Law.

Analyze all of the current components of the Proposed Comprehensive

Plan, Zoning Law and Wetlands Law but with a modified Zoning map that

retains the existing 3 acre zoning district (i.e. R3A), reduces the mapped

area for both the proposed HP20 and RA10 Zoning districts, and provides

additional one (1) acre zones in selected areas to allow for individual

development of single family residences.

D.

The 2006 Comprehensive Plan Committee Draft Comprehensive Plan. Analyze the draft Plan completed by the Comprehensive Plan Committee

and presented to the Town Board in April of 2006. This Plan included a

recommendation for a traditional neighborhood development adjacent to

the Hamlet of Rhinecliff and other actions that have now been modified by

the Proposed Comprehensive Plan.

E. Remove the Astor Flats TND from the Proposed Comprehensive Plan

and Zoning Law. This alternative would test what happens if the Astor

Flats TND component cannot be achieved and the remainder of the Plan

and Zoning proposals are implemented. This alternative will pay particular

attention to what happens if the affordable housing that is incorporated

into this component of the Plan and Zoning cannot be achieved.

VI. Irreversible and Irretrievable Commitment of Resources

This section of the DGEIS will focus on the impacts discussed in previous sections that will

require an irreversible and irretrievable outlay of resources.





VII. Growth Inducing Aspects

This section of the DGEIS will generically describe how adoption of the proposed Plan

might affect local business, sensitive environmental settings, traffic congestion, population

characteristics, and community services. The extent to which the Proposed

Comprehensive Plan, Zoning Law, and Wetlands Law may induce growth in surroundingcommunities, and the potential impacts of such growth elsewhere, will be described.

Analysis in this section will draw on accepted planning principals.

VIII. Effects on the Use and Conservation of Energy Resources

Due to the generic nature of this document, it will not be possible to discuss direct

methods of conserving energy for these actions since no land development activities are

being authorized by the actions. However, potential energy types and sources to serve

future development will be identified and discussed. Energy conservation measures and

other energy strategies, such as encouraging non-renewable sources of energy in the Town,

will be identified and discussed.

IX. Appendices

The appendices will include background information relevant to the proposed actions such

as important excerpts from other relevant SEQR documents (includes Positive Declaration,

Final Scoping Document, Notices, Town Board Resolutions), correspondence, references,

and other supporting materials.

Interested Agencies:

Town of Rhinebeck Clerk

Town of Rhinebeck Comprehensive Plan

Committee

Town of Rhinebeck Conservation

Advisory Council

Town of Rhinebeck Highway

Department

Town of Rhinebeck Planning Board

Town of Rhinebeck Zoning Board of

Appeals Village of Rhinebeck Board of Trustees

Village of Rhinebeck Planning Board

Town Board of the Town of Milan

Town Board of the Town of Clinton

Town Board of the Town of Hyde Park

Town Board of the Town of Esopus

Town Board of the Town of Ulster

City of Kingston Chief Executive Officer

Rhinebeck Central School District

Morton Memorial Library

Starr Library

Dutchess County Department of Health

Dutchess County Department of

Planning and Development

Dutchess County Department of Public

Works

Dutchess County Water and Wastewater

Authority

NYS Department of Agriculture and

Markets





NYS Department of Environmental

Conservation

NYS Department of State (Coastal

Management and Local Government)

NYS Department of Transportation

Hudson River Heritage

Hudson River Valley Greenway

Pace University Land Use Law Center

Scenic Hudson

Arthur Brod, Jr., AICP

J. Theodore Fink, AICP

Warren Replansky, Esq.

Graham Trelstad, AICP

Michael Zarin, Esq.



Local Law Filing NEW YORK STATE DEPARTMENT OF STATE

162 WASHINGTON AVENUE, ALBANY, NY 12231

(Use this form to file a local law with the Secretary of State.)

Town of Rhinebeck

PROPOSED Local Law No. ___ Of the year 2008

A local law creating Chapter 120 of the Code of the Town of Rhinebeckentitled “Freshwater Wetlands Law of the Town of Rhinebeck”

Be it enacted by the Town Board of the Town of Rhinebeck as follows:

SECTION 1. AMENDMENTS TO THE TOWN CODE

A new Chapter 120 is added as follows:Chapter 120 Freshwater Wetlands

§ 120- 1. Title.

This chapter shall be known and may be cited as the “Freshwater Wetlands Law of the

Town of Rhinebeck.”

§ 120- 2. Purposes and Intent.

The purpose of this Local Law is to promote the health, safety and welfare of the residents

of Rhinebeck and to implement the recommendations of the Town's adopted Comprehensive

Plan by regulating the dredging, filling, deposition or removal of materials; degradation of

water quality; the diversion or obstruction of water f low; and the placement of structures

in, and other uses of wetlands in the Town of Rhinebeck.

This Local Law is intended to preserve and protect wetlands through careful regulation and

control so that the multiple functions and benefits they provide may continue, thereby

helping to protect property from damages caused by f looding and other losses due to

wetlands destruction. This Local Law will is also intended to protect regional watersheds

because portions of the headwaters of the Crum Elbow Creek, Landsman Kill, and Saw Kill are located within the Town and several tributaries of the Hudson River feed directly

into an area of the River where several public water supply intakes are located.

§ 120- 3. Findings.

The Town Board of the Town of Rhinebeck finds and affirms the following:



A. The Town Board has the authority to conserve and protect freshwater wetlands, under

Subsections 10(1)(ii)(a)(11) and (12) of the New York State Municipal Home Rule Law.

B. The Town of Rhinebeck has determined that it will exercise shared authority to regulate

freshwater wetlands with the Department of Environmental Conservation and the U.

S. Army corps of Engineers.

C. It is the policy of the Town of Rhinebeck to preserve, protect and conserve freshwater

wetlands and the benefits derived therefrom; to prevent their despoliation and

destruction; and to regulate development in wetlands and their adjacent upland buffers

in order to secure the multiple benefits derived therefrom, consistent with the

economic, social and environmental welfare of the community.

D. Federal, state, and local agencies as well as private researchers have increasingly

understood and documented numerous values and beneficial services of wetlands and

their adjacent upland areas. These values and services are essential to the health, safety

and welfare of residents of the Town of Rhinebeck. These valuable natural resources

benefit the entire town and the surrounding region. The integrity of these waterresources and maintenance of their full functions and benefits is inextricably linked to

the presence of intact, surrounding natural communities on adjacent upland buffer

areas. Such communities are exceptionally rich in biodiversity and can protect or

ameliorate water quality impacts from adjacent land uses. The essential functions and

values provided by wetlands and adjacent buffer areas include but are not limited to:

1. Water quality protection and improvement. Wetlands act as settling ponds,

filtering and trapping nutrients, like nitrogen and phosphorus, and other

pollutants from stormwater runoff and facilitating chemical breakdown of

pollutants. Wetlands also act as chemical and biological oxidation basins, treating

pollutants including toxic substances through natural biological degradation and

chemical oxidation. Natural buffer zones filter overland runoff, protecting surface

waters from eutrophication and reducing or removing pollutants from stormwater

runoff before they reach wetlands and streams.

2. Watersheds. Wetlands are an important component of watersheds, upon which

thousands of Dutchess County residents depend for a clean water supply. Public

health and property in one area of a watershed may be affected by loss of wetland

functions in another area of the same watershed.

3. Groundwater recharge and discharge. Wetlands recharge groundwater aquifers

upon which almost all of Rhinebeck’s residents, outside of the Village of Rhinebeck, depend upon as a source of drinking water,

4. Wetlands comprise the surface water sources (headwaters) of the Landsman Kill,

Saw Kill and Crumb Elbow Creek as well as several tributaries that f low directly

into the Hudson River, helping to maintain stream flow and an unpolluted source

for surface water supplies.

5. Flood control. Wetlands store and slowly release floodwaters conveying floodwater

flows from upstream to downstream points, reducing stream flows during periods

Town of Rhinebeck Freshwater Wetlands Law

July 2008 Draft Page 2



of high water and maintaining base flows during droughts. Natural upland buffer

zones intercept, slow, and absorb overland runoff, protecting floodplains, and

providing for the gradual release of floodwater flows within watersheds.

6. Sediment control. Wetlands function as settling basins for naturally occurring

sedimentation. Wetland vegetation binds soil particles and retards the movement

of sediment in slowly moving waters thereby helping maintain water quality.

7. Recreation. Wetlands and their adjacent buffer areas provide recreation areas for

hunting, fishing, boating, hiking, bird-watching, photography, and other beneficial

recreational uses.

8. Food chain support and nutrient cycling. Wetlands and streams supply food and

organic detritus that support fish and wildlife of adjacent waters and they facilitate

nutrient export to other habitats.

9. Wildlife habitat. Wetlands serve as nursery and sanctuary for freshwater fish. They

provide important nesting, breeding, feeding, migratory cover, and wintering

habitat for diverse fish and wildlife species including species of conservation

concern such as those listed by New York State as endangered, threatened, and

special concern. The viability of scores of species depends upon wetlands and other

water resources. Natural buffer zones provide important and often critical, travel

corridors and wetland-to-upland transitional habitats vital to the survival of many

wetland and stream dependent species. Undisturbed natural buffers are an

irreplaceable habitat link in the life cycles of many species. Stream buffers of at

least one hundred (100) feet, with sufficient undisturbed native vegetation, are

critical for the maintenance of viable trout and other fisheries.

10.Biodiversity. Wetlands are characterised by very high productivity and support asignificant biological diversity of species, including many rare plants. More than 40

percent of the world’s species are estimated to inhabit freshwater wetlands. Native

biological diversity is diminishing in Rhinebeck and elsewhere at a pace that is of

great concern to scientists and others.

11.Turtles. The Hudson Valley, including the Town of Rhinebeck, has one of the

most diverse turtle populations in the country. Preservation of healthy wetlands

and natural buffer zone habitat is critical to their survival.

12.Natural areas. Wetlands, streams and natural buffer areas preserve natural open

space and rural character; provide visual and aesthetic relief from development and

a sense of connection with the natural world.

13.Education and research. Wetlands, streams and natural buffer areas provide

outdoor laboratories for research and living classrooms for schoolchildren in hands-

on environmental studies.

14.Ecosystem values. Ecosystem values were estimated in a 1997 peer reviewed article

in the Journal Nature to be as high as $7,924 per acre per year for wetlands and

Proposed Town of Rhinebeck Freshwater Wetlands Law

November 2007 Draft Page 3



floodplains. These factors are extremely important ones for Rhinebeck from an

economic as well as an ecological perspective.

15.Climate Change Mitigation. Wetlands have been estimated to store as much as 40

percent of global terrestrial carbon. Destruction of wetland areas cause the release

of carbon dioxide, the gas that accounts for a majority of the global warming effect.

E. Wetland buffer zones provide benefits that are important to maintaining a wetland’s

functional integrity by providing protection against the impacts to the wetland from

activities in adjacent upland areas. It is the intent of the Town of Rhinebeck to ensure

that activities in and adjacent to wetlands do not unduly impact the public safety, the

natural environment or cause environmental degradation.

F. Population growth in Rhinebeck along with its attendant economic and recreational

activities have made and will continue to make new and greater demands on water

resources for boating, fishing, bathing and water sports, and the lands adjacent thereto

for access areas and recreation. Uncontrolled development in and adjacent to wetlands

and streams has resulted in the filling in, diversion and destruction of wetlands and watercourses, destroying aquatic habitats and lessening supplies of water for multiple

use purposes. The uncontrolled and unnecessary interference with and disturbance of

wetlands and streams can create hazards to the health, safety and welfare of the town’s

residents, causing great economic loss by erosion of soil, increased costs of water

purification and treatment, flooding, the destruction and failure of natural propagation

of fish and aquatic resources and the loss of water for domestic, municipal, agricultural,

recreational and other beneficial uses and purposes. The Town of Rhinebeck has the

responsibility to preserve, protect and conserve such resources from destruction and

damage and to promote the natural propagation of associated biota.

G. Runoff from land use development activities, also known as non-point source

pollution, is the primary cause of water quality degradation. Non-point source

pollution results from the activities of the population as a whole and is increased every

time additional impervious surfaces are constructed. Town regulations are needed to

avoid the destructive impacts of such activities, by protecting wetlands and their

associated natural buffers, thereby reducing the damage from water-polluting and

degrading activities.

H. The objectives of the Town of Rhinebeck Comprehensive Plan include protecting the

community’s many resources for the future by enhancing the natural beauty and rural

quality of the community and protecting environmentally sensitive areas and natural

resources, waterways, flood plains and wetlands. The Comprehensive Plan recommends

that the Town protect its unique physical attributes and natural resources.

I. Article XIV of the New York State Constitution states “The policy of the state shall be to

conserve and protect its natural resources and scenic beauty and encourage the development and

improvement of its agricultural lands for the production of food and other agricultural products.

The legislature, in implementing this policy, shall include adequate provision for the abatement of

air and water pollution and of excessive and unnecessary noise, the protection of agricultural





lands, wetlands and shorelines, and the development and regulation of water resources.” New

York State agencies such as the Department of Environmental Conservation and the

Department of State encourage municipalities to preserve wetlands and open spaces,

including the adoption of local regulatory legislation. In the case of wetlands, this

responsibility can most effectively and efficiently be accomplished by enactment of local

legislation to preserve, protect, and conserve wetlands and to develop a coordinatedregulatory approach to accomplish such tasks, which is currently lacking under Federal

and State regulatory protection.

§ 120- 4. Approval Authority.

The Planning Board of the Town of Rhinebeck is hereby authorised to issue Wetland

Permits in accordance with the review and approval procedures found in § 120-9 and §

120-10. The Planning Board shall be empowered to require the posting of bonds, as

necessary, and to revoke or suspend a Wetlands Permit where lack of compliance is

established.

§ 120- 5. Regulated Areas

Regulated areas protected under this Chapter include the following:

A. Freshwater Wetlands as defined herein.

B. Associated Buffer Areas as defined herein. In certain circumstances, for the purposes

of protecting water quality or wildlife habitats based upon the findings of the wetland

delineation, habitat assessment report or other information ascertained during the

Wetlands Permit review process, the Planning Board may increase the minimum bufferarea. Examples include, but are not limited to, the following: watershed protection, trout

streams, steep eroding banks, or riparian habitat for species of conservation concern.

§ 120- 6. Controlled Acts

A. Prohibited Acts. The following activities are prohibited within regulated areas, except as

otherwise noted, because of their potential to significantly disrupt the ecological

functioning of regulated areas:

1. Filling. Placement of fill materials of any type including but not limited to soil,

gravel, sand, wood chips, stones, and solid waste except as noted in § 120-6.C.7., for

agricultural purposes.

a. The dumping of biodegradable yard waste (including grass clippings) is

prohibited within wetlands, but is a non-regulated act within buffer areas

(see § 120-6.C.6.).

2. Draining. The depletion of water, directly or indirectly, except for agricultural

purposes as noted in § 120-6.C.7.





3. Discharging substances and materials that are toxic or otherwise harmful to the

biota and ecological functioning of regulated areas, including but not limited to:

a. Chemicals including pesticides, herbicides, fungicides, dye, fertilizers, fuels,

and de-icing materials except as necessary for wetland restoration projects

(see § 120-6.B.7, or agricultural purposes (as noted in § 120-6.C.7).

b. Influents of sufficiently high thermal content to cause harm to regulated

area biota.

c. Sewage or sanitary sewage disposal system effluent, untreated or

insufficiently treated effluent or other liquid wastes including untreated

stormwater runoff.

d. Radioactive wastes.

4. Limited construction is regulated within buffer areas (see § 120-6.B.3.), but any new

construction of structures within a wetland is a prohibited act, except for

agricultural purposes (see § 120-6.C.7) or as noted in § 120-7.C.

5. Construction of stormwater management facilities including detention/retention

basins and ponds.

6. The installation of a sanitary sewage disposal system for new construction (For

replacement or repair of sanitary sewage disposal systems on previously approved

lots see § 120-6.B.2).

7. Removal of vegetation:

a. Clearcutting or removal of trees, shrubs, and other vegetation except as

activities listed under § 120-6.C.1., or as necessary for wetland restoration

projects (§ 120-6.B.7).

b. Replacement of buffer vegetation with lawn.

8. Excavation and Soil Mining activities.

9. The location of animal feedlots or pens, manure stockpiles or similar animal storage

areas.

10. The use of all motorized vehicles except for maintenance, agriculture or forestry

purposes as defined in the Town of Rhinebeck Zoning Law.

B. Regulated Acts. Regulated acts are any activities that have the potential to cause

substantial adverse impacts in regulated areas. It shall be unlawful to perform any of thefollowing activities within regulated areas without a Wetlands Permit from the Town of

Rhinebeck:

1. Dredging, excavation, or grading. The removal of soil, mud, sand, gravel, peat, silt

or other earth materials; alteration of natural drainage patterns; diversion or

alteration of any flow of a wetland.





2. Sanitary sewage disposal systems: Replacement of existing sanitary sewage disposal

systems on previously approved lots, or installation of a new system for a previously

approved lot where no other alternative location is available.

3. Construction. All construction activities within associated buffer areas including

but not limited to:

a. Placement of any impervious surface or new structure or facility including

but not limited to swimming pools, gazebos, sheds, garages, and additions

to existing structures that enlarge the structure’s footprint.

b. Storage of construction materials, stockpiles, machinery or equipment.

c. Construction or expansion of paved or unpaved public or private roads or

driveways or other pathways for motorized vehicles.

d. Installation of pipes, wells, service lines, conduits or cables.

4. Docks, dams, and other water control devices, pilings or bridges, whether or not

they change the flow of the water.

5. Expansion, restoration, or modification of existing structures including but not

limited to:

a. Buildings, wells, bridges, driveways, walkways, walls, and fences.

b. Structures associated with town, county or state highways or streets

including stormwater facilities

6. Acts that affect hydrology: Activities that result in direct or indirect alteration of

existing wetland hydrology, hydroperiod, or water f low including the following:

a. Operation and maintenance of existing dams and water control devicesinvolving the adjustment of water elevations over 18 inches in height.

b. Displacement or destruction of beaver lodges and dams (where beaver

impoundments are impacting existing structures, roads or driveways) which

would result in negative impacts on the hydrology or biota of regulated

areas, except as lawfully permitted under ECL § 11-0505.

7. Wetland restoration projects including removal of invasive plant species and

revegetation.

C. Non-regulated Acts. The following acts are considered non-regulated acts that may

proceed within regulated areas without a Wetlands Permit, provided that they do notconstitute a pollution or erosion hazard, interfere with proper drainage or adversely affect

reasonable water use by others. Such non-regulated acts shall conform to the Town of

Rhinebeck Zoning Law and all other applicable laws.

1. Normal maintenance of existing landscaped areas and residential gardens,

including existing lawn areas, and trimming and removal of dead or diseased

vegetation, including trees.





2. Ordinary maintenance and repair of existing structures including but not limited to

sanitary sewage disposal systems, wells, bridges, highways, streets, driveways,

walkways, walls, docks, and fences which do not involve expansion, restoration, or

modification.

3. Maintenance of existing drainage channels where impedance of flow may cause

flooding or threaten public safety on highways or in dwellings or other structures.

4. Operation and maintenance of existing dams and water control devices, excluding

the adjustment of water elevations over 18 inches in height (see § 120-6.B.6.a).

5. Removal of vegetation as specified: Removal of naturally occurring vegetation

within regulated areas for the following purposes, provided that such actions do not

impair the natural function(s) of a regulated area:

a. Creation of non-paved foot-paths with a maximum width of three feet.

b. Annual or periodic removal of trees to provide firewood for normal

residential use. This does not include removal of trees for commercial use or sale.Clearcutting is a prohibited act (see § 120-6.A.7.a).

c. Selective harvesting and sustained-yield forestry when conducted in

accordance with a forest management plan prepared by a New York State

Department of Environmental Conservation Cooperating Forester in accordance

with New York State’s Forestry Best Management Practices for Water Quality,

Timber Harvesting Guidelines and Forest Road Construction Handbook. Landing

areas and log haul roads are considered regulated acts subject to § 120-6.B.3.c. of

this Local Law when located within a regulated area. The forest management plan

shall be on file with the Town Code Enforcement Officer.

6. Biodegradable yard waste in buffers. The placement of biodegradable yard waste

typically associated with residential yard maintenance, including grass clippings,

within the associated buffer area only (placement of these materials within a

wetland is a prohibited act).

7. Specified agricultural activities on Agricultural Lands. Activities associated with

commercial grazing and watering livestock, crop production and making reasonable

use of water resources on agricultural lands as defined in the Town of Rhinebeck

Zoning Law including:

a. harvesting the natural products of wetlands;

b. clear-cutting of vegetation, other than trees, for growing agricultural

products;

c. constructing winter truck roads of less than five meters (approximately

sixteen (16) feet) in width for removing trees cut in accordance with 6

NYCRR 663.2(c)(1)(iv), where such construction is limited to cutting vegetation

and compacting ice and does not alter water f lows;

d. operating motor vehicles for agricultural purposes;





e. draining for growing agricultural products;

f. erecting structures, including fences, required to enhance or maintain the

agricultural productivity of the land;

g. using chemicals and fertilizers according to sound agricultural practices, as

defined by the New York State Agriculture and Markets Law, in order to grow cropsfor human and animal consumption, in or adjacent to wetlands, where authorized

by other state, federal or local laws, including application of stabilized sludge as

fertilizer when applied at agronomic loading rates in accordance with a valid 6

NYCRR Part 360 or Part 364 landspreading permit;

h. otherwise engaging in the use of wetlands for growing agricultural products

such as crops, vegetables, fruits, or flowers.

8. Passive recreation: Bird and wildlife observation, photography, boating, hiking,

swimming, camping, picnicking, hunting and fishing and other similar outdoor

activities, including the establishment of nonpaved walking trails (excluding

motorized vehicles) and individual recreational moorings, where no substantial

adverse effect is involved or the activity is not otherwise prohibited.

9. Research: Conducting educational and scientific research activities where no

substantial adverse effect is involved.

10. Public services: Activities and uses essential to ensure adequate police, fire, and

rescue functions including emergency road maintenance undertaken by the Town

of Rhinebeck, Dutchess County, State of New York, any political subdivision or by

an organization authorized by contract with the Town to provide public services.

11. Installation of dry hydrants

D. Unlisted Acts. Any other activities not listed in Sections A, B, or C, that are not

deemed to be harmful to regulated area biota, ecological functioning, or watershed

functioning, and that do not impair any of the wetland functions or benefits as described

in § 120-3 of this Local Law are considered Unlisted Acts. For the regulatory status of

Unlisted Acts, the Planning Board shall determine the necessity of obtaining a Wetlands

Permit.

§ 120- 7. Nonconforming uses, area and bulk.

A. The lawful use of any land, building or structure or a part thereof, as defined in theSchedule of Use Regulations of the Town of Rhinebeck Zoning Law and existing at the

time of adoption of this Local Law may be continued, although such use does not conform

with the provisions of this chapter, except as otherwise provided herein.

B. For maintenance, repair, expansion or modification of existing nonconforming

structures, see § 120-6.B.5, Controlled Acts.

C. Pre-existing, nonconforming lots. A lot in existence on the effective date of this Local

Law, which because of its size or configuration and location relative to a regulated area does





not allow for any permitted use of the land (as defined in the Schedule of Use Regulations

of the Town of Rhinebeck Zoning Law) due to strict adherence to the standards contained

herein may be eligible for a Wetlands Permit. The Planning Board may consider waiver(s),

pursuant to § 120-8, from the standards in this Chapter provided:

1. The lot complies with all the area and bulk regulations for the District in which it

lies.

2. Waivers for prohibited acts (§ 120-6.A. - Controlled Acts) are limited to filling,

the placement of structures and the installation of sanitary sewage disposal systems.

3. The applicant can demonstrate the following:

a. To the maximum extent possible, proposed structures are located

outside of a regulated area.

b. Stormwater management is developed, implemented and

maintained so that water quality impacts to regulated areas are minimized to the

greatest extent possible including short term and long term impacts.

c. The use of native plant species appropriate for the revegetation of

disturbed regulated areas is required.

§ 120- 8. Waivers.

A. Where the Planning Board finds that compliance with the standards herein would cause

extraordinary difficulties 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 in order to mitigate the difficulty, provided that the public

interest is protected, the Wetlands Permit is in keeping with the general spirit and intent of

these regulations and full compliance with SEQR is still provided. Waivers shall be

considered upon specific request by an applicant by resolution of the Planning Board.

B. All applicant requests for waivers from the standards herein shall be submitted in

writing, shall be expressly set forth in the minutes of the Board, shall be noted on the

Wetlands Permit and shall include the following:

1. Document existing conditions;

2. Describe the applicant's intentions;

3. Cite the specific sections of the regulations for which relief is requested and theproposal for relief;

4. Describe how the proposal relates to the purposes of this Chapter.

C. No such waiver may be granted if it would have the effect of nullifying the intent and

purposes of this Chapter, the Town Comprehensive Plan, or Town Zoning Law.





D. The Planning Board may, in granting waivers to the standards herein, incorporate such

reasonable conditions as will, in its judgement, substantially secure the objectives of the

requirements so waived.

§ 120- 9. Procedures for permits

A. This Law applies to the following:

1. Planning Board applications submitted on or after the effective date of this Local

Law and as identified in § 120-9.A.3.

2. Any subdivision applications which have received preliminary approval before the

effective date of this Local Law shall be exempt from these regulations for a period

of three years from the date of the filing of the approved plat at the Dutchess

County Clerk's office.

3. Planning Board Applications. For all subdivision, site plan and special use permit

applications made to the Planning Board, the determination of whether a Town

Wetlands Permit shall be required will be made during the application review

process by the Planning Board.

4. Building Permit Applications. All building permit applications submitted on or

after the effective date of this Local Law shall be required to obtain a Town

Wetlands Permit if the proposed project involves a regulated act occurring within a

regulated area.

a. All building permit applications will be subject to an initial review of the

following readily available data by the Code Enforcement Officer:

i. A copy of the previously recorded final plat in the Dutchess County

Clerk’s Office including but not limited to restrictions, notes or

blocks recorded.

ii. Hydric Soils Map.

iii. Topographic features and streams.

iv. DEC and NWI Wetlands maps.

v. Aerial Photography.

b. If a regulated area is not present, the application for a building permit

proceeds according to existing Town procedures.

c. If a regulated area(s) is identified, the Code Enforcement Officer will

determine if the proposed action requires a Wetlands Permit application

and will transmit the application to the Planning Board for review if

necessary.

B. General Procedures for Wetlands Permit Applications.







a. The Planning Board shall provide notice of the substance of the application by

certified mail, return receipt requested, of the public hearing to:

i. The applicant, at which hearing the applicant shall appear in person

or by agent.

ii. The owners of the property abutting that held by the applicant inthe immediate area, whether or not involved in such application, and all other

owners within two hundred (200) feet, or such additional distance as the Planning

Board may deem advisable, from the exterior boundaries of the land involved in

such application, as the names of said owners appear on the last completed

assessment roll of the Town.

b. The Board shall place a notice in the official Town newspaper for publication of

the notice therein at least five days prior to the public hearing.

c. All costs incurred for publication and mailing of notices for the public hearing

shall be paid for by the applicant.

7. Burden of Proof. The applicant shall have the burden of proof of demonstrating that the

proposed activity is not adverse to the health, safety or general welfare of the residents of

Rhinebeck or its neighbouring communities, that it will not degrade the environment nor

result in unmitigated adverse environmental impacts to wetlands as determined through

the SEQR review process.

8. Expiration of Permit.

a. A Wetlands Permit shall be valid for a period of two (2) years for those issued in

conjunction with a Building Permit application, site plan approval or special use permit

approval.

c. A wetland permit shall be valid for a period of three (3) years from the date of the

filing of the Final Plat when issued in conjunction with a subdivision application.

d. The validity of a Wetlands Permit may be extended beyond its expiration by the

Planning Board upon review of an application for extension submitted at least sixty (60)

days before the expiration of the Wetlands Permit. Standards for issuance of renewals shall

be the same as for the issuance of permits.

e. Upon completion of the work specified in the Wetlands Permit, the applicant

shall be responsible for contacting the Code Enforcement Officer to verify that the

Wetlands Permit conditions have been satisfactorily completed. The Building Department

shall not issue a Certificate of Occupancy until satisfaction of the Wetlands Permit has

been deemed complete.

9. Inspection. Work being conducted pursuant to a Wetlands Permit shall be open to

inspection at any reasonable time, including weekends and holidays, by the Town Engineer,

members of the Planning Board, Conservation Advisory Council or their designated

representatives in accordance with the specifications of Article X of Chapter A136 of the

Town Code. If necessary, the applicant shall reimburse the Town for the costs of such





inspection when incurred by outside consultants hired by the Planning Board for this

purpose.

10. Other permits. Conformance with this Local Law does not eliminate the necessity for

an applicant to obtain the approval or permits required by any other agencies including but

not limited to the NY State Department of Environmental Conservation or US Army

Corps of Engineers, prior to construction authorized by the Wetlands Permit. Obtaining

such approval or permits is the sole responsibility of the applicant.

11. Fees. Fees for Wetlands Permit applications are listed in the Town’s Fee Schedule (See

Chapter A126.1 of the Town Code) as amended by the Town Board from time to time.

12. Reimbursement for professional consulting services. The Planning Board, in the review

of a Wetlands Permit application, may refer such application to such environmental,

planning, engineering, or other technical or legal consultant as deemed reasonably

necessary by the Planning Board to enable it to review such application as required by law,

with all consultant fees to be paid by the applicant. At the beginning of the review process,

the Planning Board may require the applicant to fund an escrow account as outlined inChapter A126.1 of the Town Code, from which the Town may draw, to ensure

reimbursement of consultant fees.

C. Submission Requirements.

1. Where there is a conflict between the submission requirements for Site Plan, Special Use

Permit or Subdivision plat approval and the submission requirements of this Local Law, the

more stringent regulation shall apply.

2. General Application contents. An application for a Wetlands Permit shall be filed with

the Clerk of the Planning Board, at least fourteen (14) days prior to the regular meeting of

the Planning Board, whether made in conjunction with Subdivision, Site Plan, Special UsePermit applications or upon referral by the Town Code enforcement Officer and shall

contain the following information:

a. Name, post office address and telephone number of owner and applicant.

b. Street address and Tax Map designation of property covered by the application.

c. Statement with consent from owner for any agent making application.

d. Statement of proposed work and purpose thereof.

e. Owner's permission to allow visits to the parcel by Town authorities as designated

herein.

f. Short or Full Environmental Assessment Form under SEQR.

g. Plans for the proposed regulated activities shall be submitted, unless otherwise

specified by the Planning Board, based upon project size, configuration, and

proximity to regulated areas, drawn to a scale of not less than one (1) inch

equals thirty (30) feet. The plans shall be certified by an engineer, architect,

land surveyor or landscape architect licensed by the State of New York.

Plans shall show the following:





i. Delineation of all wetlands by a qualified professional

ecologist, botanist and/or soil scientist no earlier than

twelve (12) months prior to the date of filing the

application. Delineations shall be conducted in

accordance with the Wetland Delineation Manual, as

referenced herein. The delineation may require verification by a third party professional ecologist,

botanist or soil scientist qualified to conduct such

delineations. The date(s) of the wetland delineation and

the name of the qualified professional shall be clearly

identified on the plans. The Town may require re-

delineation of any wetland, in cases where original

delineations were conducted outside the normal growing

season, on sites where wetland vegetation has been

removed so that species identification is impossible or

not recognizable, or when specific site conditions warrant additional examination.

ii. Location of all wetlands and other waterbodies within five

hundred (500) feet of the subject property, and their

hydrologic connection to waterbodies onsite. This shall

be based on existing aerial photography, soils or

topographic maps. Delineation is not required to

illustrate any wetlands located off the parcel.

iii. All areas of construction disturbance and post-

construction impervious surfaces, and their relationship

to property lines, buildings, roads and waterbodies

within two hundred fifty (250) feet.

iv. Location of any well and depth thereof and any sewage or

wastewater disposal system within one hundred (100)

feet of the disturbed area.

v. Existing and adjusted contours at two-foot intervals in the

proposed disturbed area and to a distance of one

hundred (100) feet beyond.

vi. Locations and details of any existing and proposed

stormwater management facilities, including point

discharges, detention basins, and erosion controls, and

schedules for the maintenance of such facilities.

vii. Where creation of a lake or pond or alteration of a

wetland is proposed, details of the construction of any

dams, embankments and outlets or other water control

devices.





vii. A property location map at a scale not less than

1”=2,000’.

3. Additional application information:

a. Applications affecting the water retention capacity, water flow or other drainage

characteristics of any wetland shall include a statement, prepared by aprofessional engineer licensed in the State of New York, of the impact of the

project on upstream and downstream areas considering drought and rainfall

conditions.

b. Stormwater Management Areas. In some instances stormwater management

practices and facilities may negatively impact wetlands. Even the most optimally

designed and maintained stormwater facilities do not remove all pollutants.

Every effort shall be made to ensure that water quality will not be degraded and

that hydroperiod and stream flow are not affected. A pollutant load analysis

which compares the pollutant load for both pre- and post- development for

individual pollutants shall be completed as part of the Stormwater PollutionPrevention Plan, if required. At a minimum, this analysis shall be conducted

for each of the following common stormwater runoff contaminants: total

suspended solids, total phosphorus, total nitrogen (including nitrates and

nitrites), fecal coliforms, and chlorides (road salt). The Town reserves the right

to require the analysis of additional pollutants identified in the NYS DEC

Stormwater Management Design Manual and which is referenced herein, (2003

and as amended from time to time) depending on specific site and project

conditions. The applicant may use the Simple Method (Scheuler, T. 1987.

Controlling Urban Runoff: A Practical Manual for Planning and Designing

Urban BMPs. Metropolitan Washington Council of governments, Washington,D.C.), or a comparable professionally accepted method, but the same method

shall be used for all calculations.

c. Copies of all applicable town, county, state or federal permits or permit

applications which are required for such work or improvement.

d. The Planning Board, in consultation with its consultants and/or the

Conservation Advisory Council, may require the following additional

information based on the size, scope, or location of the project and as necessary

for proper review of the application:

i. Description of the vegetative cover of the regulated area.

ii. Description of potential impacts to wetland hydroperiod or to stream

flow.

iii. Groundwater table elevations indicating depth to groundwater,

direction of groundwater flow and hydrologic connections with surface

water features.





iv. A Habitat Assessment, pursuant to the Town of Rhinebeck’s Habitat

Assessment Guidelines found in Article V of Chapter A136 of the

Town Code. Copies of the Habitat Assessment Guidelines are available

in the Town Clerk's office and from the Planning Board Clerk.

v. A completed vernal pool Assessment Form (available from the Planning

Board Secretary) and depiction of the recommended Vernal Pool

Critical Terrestrial Habitat Area on the site map. Refer to the specific

instructions and methods described in Calhoun and Klemens.

vi. Other details as may be determined to be necessary by the Planning

Board. The Planning Board shall notify the applicant within thirty (30)

days of receipt of an application if such additional information is

necessary.

4. Submission information waivers. Prior to making a formal submission to the Planning

Board, applicants are encouraged to request a pre-application meeting with the Planning

Board to review the submission requirements for their Wetlands Permit application. ThePlanning Board will consider waiver(s) from the submission requirements set forth below.

a. All submission waivers shall be submitted in writing to the Planning Board and

shall be expressly set forth in the minutes of the Board.

b. In making a determination regarding waivers, the Planning Board will take into

consideration the nature of the proposed action including but not limited

to the size, scale, extent of regulated area affected and the specific activity

requiring the Wetlands Permit.

§ 120- 10. Standards for Wetlands Permit decisions.

A. Considerations. In approving, approving with modifications, or denying any Wetlands

Permit application, the Planning Board shall consider the following:

1. All evidence offered at or before any public hearing.

2. All reports from federal, state or town agencies and other municipal boards.

3. Habitat Assessment as described in Article V of Chapter A136 of the Town Code.

4. Avoidance of impacts to regulated areas by keeping regulated acts outside regulated areas,

shall be considered the highest priority. Regulated acts that can be located outside

regulated areas shall be so located.

5. If avoidance of impacts is not possible, then mitigation for impacts on regulated areas is

required as determined during the Planning Board’s SEQR review process. The Planning

Board shall review and approve the mitigation plan for a regulated area. The plan shall be

prepared and approved as part of the Wetlands Permit application process. It shall include

an assessment of specific impacts, regulated area functions to be replaced or restored,

criteria for determining mitigation success and a monitoring plan that extends over at least





two growing seasons. Mitigation plans are subject to modification based on Planning

Board review and comment as part of the SEQR review process.

6. Additional requested information reasonably necessary to made a decision on the

Wetlands Permit.

7. All relevant facts and circumstances, including but not limited to the following:

a. The environmental impacts of the proposed action, specifically including but not

limited to: cumulative impacts, watershed impacts, habitat impacts, and impacts on

species of conservation concern.

b. The alternatives to the proposed action.

c. Irreversible and irretrievable commitments of resources involved in the proposed

activity.

d. The character and degree of injury to or interference with safety, health or the

reasonable use of property which is impacted or threatened.

e. The suitability or unsuitability of such activity to the area for which it is

proposed.

f. The effect of the proposed activity with reference to the protection or

enhancement of the functions of wetlands and the benefits they provide, which are

set forth herein.

g. The use of chemicals and fertilizers according to normally accepted agricultural

practices on agricultural lands.

h. The possibility of further avoiding adverse impacts to the wetlands' natural

capacity to support desirable biological life by application of recommendedmanagement guidelines to vernal pool critical terrestrial habitat, based on pool

quality and specific site conditions. All applicants are encouraged to protect as

much of the critical terrestrial habitat as possible including consideration for

inclusion within land protection agreements in accordance with Calhoun and

Klemens recommended management guidelines (copies available from the Planning

Board Secretary).

8. The availability of preferable alternative locations on the subject parcel or, in the case of

activity of sufficient magnitude, the availability of other reasonable locations.

a. The availability of further technical improvements or safeguards which could

feasibly be added to the plan or action.

b. The possibility of further avoiding adverse impacts to wetland functions,

including but not limited to: the wetlands' natural capacity to support desirable

biological life, prevent flooding, supply water, control sedimentation and/or

prevent erosion, assimilate wastes, facilitate drainage and provide recreation and

open space.





c. Avoidance of adverse impacts to the water quality and temperature of trout

streams taking into consideration the existing conditions of the associated buffer

area including slope, soils and vegetation.

d. The extent to which the exercise of property rights and the public benefit derived

from such use may or may not outweigh or justify the possible degradation of the

wetland, the interference with the exercise of other property rights and the

impairment or endangerment of public health, safety or welfare.

9. Findings. No Wetlands Permit shall be issued pursuant to this chapter unless the

Planning Board shall find that:

a. The proposed regulated activity is consistent with the Intent and purposes of this

chapter to preserve, protect and conserve wetlands and the benefits they provide, to

prevent their despoliation and destruction, and to regulate the development of such

areas in order to secure their natural benefits consistent with the general welfare

and beneficial economic, social and agricultural development of the town.

b. The proposed regulated activity is consistent with the Town of Rhinebeck Zoning

Law.

c. The proposed regulated activity is compatible with the public health, safety and

welfare.

d. The proposed regulated activity minimizes degradation to or loss of any part of

the wetland or its associated buffer and minimizes adverse impacts to the greatest

extent practicable on the functions and benefits which said areas provide.

§ 120- 11. Judicial review.

A. Any decision of the Town made pursuant to or within the scope of this Law may be

reviewed at the instance of any person aggrieved by the action in accordance with

Article 78 of the State Civil Practice Law and Rules, provided that such review is

commenced within thirty (30) days of the filing of such decision or order in the Office

of the Town Clerk.

§ 120- 12. Enforcement and penalties.

A. Whenever the Planning Board has reasonable grounds to believe that the applicant or

property owner has not complied with any or all of the terms of this Chapter, has failed to

undertake a project in the manner set forth in a Wetlands Permit, has violated any

condition attached by the approval authority in a Wetlands Permit issued pursuant to this

Chapter or has exceeded the authority granted in a Wetlands Permit issued pursuant to this

Chapter, the Planning Board shall promptly refer the matter to the Code Enforcement

Officer, who shall notify the landowner or responsible person and issue a written Notice to

Remedy and post a Stop Work Order in accordance with Article X of Chapter A136 of the

Town Code. The Code Enforcement Officer shall file a copy of such notice and order with





the Planning Board, the Conservation Advisory Council, the Town Board and the Town

Clerk.

B. The Code Enforcement Officer is hereby authorized to enforce the provisions of this

Chapter, including conditions of Wetlands Permit approval and, pursuant to Criminal

Procedure Law § 150.10, to issue appearance tickets requiring appearance in the Town of

Rhinebeck Justice Court. A copy of the appearance ticket shall be filed with the Planning

Board.

C. The Town of Rhinebeck is specifically empowered to seek injunctive relief in a court of

competent jurisdiction to restrain any violation or threatened violation of this Chapter or

any condition attached by the approval authority to a Wetlands Permit and/or to compel

the restoration of the affected regulated area, within a reasonable time and under the

supervision of the Planning Board or professional wetland specialist specifically authorized

by the Planning Board, to its condition prior to violation of the provisions of this Chapter

or any condition attached by the approval authority in a Wetlands Permit issued pursuant

to this Chapter. If the Town is successful in obtaining preliminary and/or permanentinjunctive relief, it shall be entitled to an award by the court of its reasonable attorneys’

fees.

D. Any person convicted of having violated any provision of this Chapter, or any condition

attached by the approval authority in a Wetlands Permit issued pursuant to this chapter

shall, for the first offence, be punished by a fine of not less than one hundred dollars

($100) but not more than five hundred dollars ($500). For each subsequent offence, such

person shall be punished by a fine of not less than five hundred dollars ($500), but not

more than five thousand dollars ($5000). Each consecutive day of violation shall constitute

a separate and distinct offence.

E. The foregoing provisions for enforcement of the regulations in this chapter are not

exclusive, but are in addition to any and all remedies available to the Town at law or in

equity.

§ 120- 13. Conflict with other regulations.

A. Where the standards and management requirements of this Law are in conflict with

other land use development regulations, and policies regarding streams, steep slopes,

clearing and grading, erodible soils, wetlands, floodplains, timber harvesting, land

disturbance activities, or other environmental protective measures, the more restrictive

standards and requirements shall apply.

§ 120- 14. Severability.

A. The invalidity of any word, section, clause, paragraph, sentence, part or provision of

this Local Law shall not affect the validity of any other part of this Local Law, which

can be given effect within such part or parts.





§ 120- 15. References, Definitions and Word Usage.

A. References. The following documents are referenced in this Local Law. Dates refer to

the publications in effect at the time of adoption. The Town of Rhinebeck maintains and

applicants are responsible for obtaining the most current version of the cited publication:

1. US Army Corps of Engineers Wetland Delineation Manual. (1987) herein referred to as

the Wetland Delineation Manual.

2. Best Development Practices (BDPs): Conserving Pool-Breeding Amphibians in

Residential and Commercial Developments in the Northeastern United States. WCS/

MCA Technical Paper No. 5. By Aram J. K. Calhoun and Michael W. Klemens, MCA,

2002, herein referred to as Calhoun and Klemens.

3. New York State Forestry, Best Management Practices for Water Quality, BMP Field

Guide, NYSDEC, January 2000.

4. Timber Harvesting Guidelines, (1975). NYSDEC.

5. Forest Road Construction Handbook, (1973). NYSDEC.

6. Stormwater Management Design Manual, (2003). NYSDEC.

B. Definitions and Word Usage.

ALTER - To change, move or disturb any vegetation, soil, drainageway or other natural

material or system within a wetland or associated buffer area as defined by this Local Law.

AQUIFER - A geologic formation or groups of geologic formations that contain saturated,

permeable material, such as sand and gravel, limestone or limestone overlaid with sand and

gravel, sufficient to yield significant and usable quantities of water to drinking wells andsprings.

ASSOCIATED BUFFER - A regulated upland area surrounding a wetland, that is intended

to provide protection to the wetland from human activity and other encroachments. The

associated buffer shall be that area extending a minimum of one hundred (100) feet

horizontally away from and parallel to the wetland boundary. The buffer extend beyond

one hundred (100) feet where slopes are steep. The Planning Board may require larger

buffers for effective protection and preservation of habitat and water quality pursuant to

the standards enumerated in Article 24-0701.2 of the New York State Freshwater Wetlands

Act and 6 NYCRR Part 664.7.

BOUNDARY OF A WETLAND - The outer limit of a regulated area characterized by

wetland soils, wetland hydrology, and wetland vegetation as defined herein under

“Wetland/Freshwater Wetland”.

CONSERVATION ADVISORY COUNCIL - The duly appointed Conservation Advisory

Council of the Town of Rhinebeck.





DAMS AND WATER CONTROL MEASURES AND DEVICES - Barriers which regulate

or obstruct the flow of water or raise, lower or maintain the level of water in ponds, lakes,

natural drainage systems and wetlands.

DEPOSIT - The act of filling, grading, discharging, emitting, dumping, or the placement of

any material, but not including stormwater.

DISCHARGE - The emission of any water, substance or material into a wetland or its

associated buffer, whether or not such substance causes pollution.

DOMINANT(S) OR DOMINANCE - A dominant species is either the dominant plant

species (i.e., the only species dominating a vegetative unit) or a co-dominant species (i.e.,

when two or more species dominate a vegetative unit). The measures of spatial extent are

percent area cover for all vegetation units other than trees and basal area for trees. In this

Local Law, dominance refers to the spatial extent of a vegetative species because spatial

extent is directly measurable or discernible in the field.

DRAIN - To deplete or empty of water by drawing off by degrees or in increments.

DREDGE - To excavate or remove sediment, sand, soil, mud, shells, gravel or other

aggregate from a wetland or water course.

ECOLOGIST/BIOLOGIST - A person having a degree from an accredited college or

university in the field of biological sciences related specifically to the identification and

distribution of animal populations in wetland habitats and upland systems, and of methods

to describe and classify those populations.

ECOLOGIST/BOTANIST - A person having a degree from an accredited college or

university in the field of physical, chemical, and biological sciences related to the

physiology, identification and distribution of native plants and vegetative associations in

wetland and upland systems and of methods to describe, classify and delineate vegetative

species and associations.

EXCAVATE - To dig out, move, or remove any material either by hand or machine.

FACULTATIVE SPECIES - Vegetative species that can occur in both wetland and upland

systems. There are three (3) subcategories of facultative species: facultative wetland

(FACW), facultative (FAC), and facultative upland (FACU). Under natural conditions a

facultative wetland species is usually (estimated probability 67-99%) found in wetlands, but

occasionally in uplands. A facultative species has a similar likelihood (estimated probability

of 34-66%) of occurring in both wetlands and uplands. The facultative upland species is

usually (estimated probability 67-99%) found in uplands, but occasionally in wetlands.Facultative species for the Northeast are listed in the National List of Plant Species that

Occur in Wetlands, New York State (1988), or as amended and updated.

FLAGGING - Placement of visible markers at the wetland boundary, which, upon Town

verification by the Town of Rhinebeck, may be located in the field and transferred by a

licensed land surveyor onto a survey, or a proposed subdivision plan, site plan or other

development project map.





FRESHWATER WETLAND- see Wetland/Freshwater wetland

HYDRIC SOIL - A soil that is saturated, flooded or ponded long enough during the

growing season to develop anaerobic conditions in its upper portion. The concept of hydric

soils includes those developed under sufficiently wet conditions to support the growth and

regeneration of hydrophytic vegetation. Soils that are sufficiently wet because of artificial

measures are included in the concept of hydric soils. Also, soils in which hydrology has

been artificially modified are hydric if the soil, in an unaltered state, was hydric. Some

series, designated as hydric, have phases that are not hydric depending on water table,

flooding, and ponding characteristics.

HYDROPERIOD - The seasonal pattern of water-level fluctuations in a wetland.

LAND PROTECTION AGREEMENT - An imposition on lands by deed restriction or,

preferably, by conservation easement pursuant to Article 49 of New York State

Environmental Conservation Law, to preserve the environmental, ecological, biological,

hydrological, or other functional values of regulated areas. Such a restriction shall run with

the land and bind subsequent owners, and be documented on a survey map or plan, whichshall in such form as is adequate to provide notice of the restriction as approved by the

Planning Board Attorney, and which shall be recorded in the Office of the Dutchess

County Clerk. A conservation restriction does not require a dedication of lands for public

use, and the owners of the property, their successors and assigns otherwise retain their

rights to full use and quiet enjoyment of their property.

MATERIAL - Substances including, but not limited to, soil, silt, gravel, rock, sand, clay,

peat, mud, debris and refuse; any organic or inorganic compound, chemical agent or

matter (excluding pesticides, herbicides, algaecides and agricultural or radioactive wastes to

the extent that same are exempt or regulated exclusively by the State of New York); sewage,

sewage sludge or effluent; and industrial or municipal solid waste.

MITIGATION PLAN - The plan prepared by an applicant for a Wetlands Permit to

compensate for the proposed wetland and wetland buffer impacts pursuant to the

standards and requirements of this Local Law and SEQR.

OBLIGATE UPLAND SPECIES - Plant species that, under natural conditions, always

occur in uplands (i.e., 99% of the time).

OBLIGATE WETLAND SPECIES - 1) Plant species that, under natural conditions, always

occur in wetlands (i.e., greater than 99% of the time) and/or 2) Animal species that

depend on vernal pools for successful breeding.

PERMIT, WETLANDS - That form of Town approval required by this Local Law for the

conduct of a regulated activity within any area of the Town of Rhinebeck defined as a

“wetland” or “associated buffer”.

POLLUTION - The presence in the environment of human-induced conditions or

contaminants in quantities or characteristics, which are or may be injurious to human,

plant or animal life or to property.





REGULATED ACTIVITY - Those activities to be conducted in wetlands and associated

buffers, that require a Wetlands Permit from the Town Planning Board.

REMOVE - To dig, dredge, suck, bulldoze, dragline, blast or otherwise excavate or regrade

or the act thereof.

SOIL SCIENTIST - A person having special knowledge by reason of education orexperience of the physical, chemical and biological sciences applicable to the genesis and

morphology of soils as natural bodies and of the methods to describe, classify, and map soil

units.

STATE FRESHWATER WETLANDS - Lands and waters of the state, as shown on the

State Freshwater Wetlands Map, or as amended or updated from time to time, which

contain any and all of the conditions described in Subdivision 1 of Section 24-0107 of the

Environmental Conservation Law.

STORM WATER MANAGEMENT AREA - The area for which stormwater has been

addressed in a Stormwater Pollution Prevention Plan (SWPPP) prepared pursuant to the

Environmental Protection Agency’s (EPA) and New York State Department of

Environmental Conservation’s (NYSDEC) Phase II Storm Water Regulations or as

amended or updated.

VERNAL POOL- (sometimes referred to as an intermittent woodland pool) – A type of

wetland (see Wetland/Freshwater wetland below).

WATERBODY - Any natural or artificial pond, lake, reservoir or other area which usually

or intermittently contains water and which has a discernible shoreline.

WATERSHED - A region of land that drains downgradient to a particular body of water.

A watershed has interconnected streams, lakes, wetlands, and underground waters moving

generally downhill to the body of water that the watershed is named for.

WETLAND DELINEATION - Wetland delineation consists of methods that are described

in detail in Part IV of the Wetland Delineation Manual. These are grouped into two

general types. Routine delineation (Part IV, Section D) involves simple, rapidly applied

methods that result in sufficient qualitative data for determining a wetland boundary.

Comprehensive methods (Part IV, Section E,) should be used when the project area is

complex and/or when the determination requires rigorous documentation. Use of the

comprehensive method will result in maximum information for use in making

determinations. Delineation on atypical sites and problem areas, as described in the Part IV

Sections F and G, shall comply with the delineation methods described in those sections. WETLAND/FRESHWATER WETLAND - Wetlands are inundated or saturated by

surface or ground water at a frequency and duration sufficient to support, and that under

normal circumstances do support, a prevalence of vegetation typically adapted for life in

saturated soil conditions. Wetlands generally include but are not limited to: swamps,

marshes, bogs, fens, intermittent streams, vernal pools, and shallow water zones of rivers,

lakes, ponds and other water bodies.

Wetlands have the following environmental characteristics:





1. Wetland vegetation. The prevalent vegetation is typically adapted to areas having

hydrologic and soil conditions described above. Wetland vegetation is present if

more than 50 percent of the dominant species are listed as Obligate, Facultative

Wet, or Facultative on the USFWS Wetland Plant List (National List of Plant

Species That Occur in Wetlands: 1988 National Summary). Additional indicators

of vegetation associated with wetlands are listed in Paragraph 35 of the WetlandDelineation Manual.

2. Wetland soil. Soils are present and have been classified as Hydric, or they possess

characteristics that are associated with saturated soil conditions. Indicators of these

soils are listed in Paragraphs 44 and 45 of the Wetland Delineation Manual.

3. Wetland hydrology. Wetlands are inundated either permanently or periodically at

mean water depths equal to or less than 6.6 ft, or the soil is saturated to the surface

at some time during the growing season. Indicators of hydrologic conditions that

occur in wetlands are listed in Paragraph 49 of the Wetland Delineation Manual.

This definition is from the Wetland Delineation Manual. Except in certain situations, suchas disturbed areas described in the Wetland Delineation Manual, evidence of a minimum

of one positive wetland indicator from each parameter (vegetation, soils, and hydrology)

must be found in order to make a positive wetland determination.

SECTION 2. EFFECTIVE DATE

This Local Law shall take effect immediately after it is filed with the Secretary of State as

provided in section twenty-seven of the Municipal Home Rule Law.





Town of Rhinebeck SEQR Positive Declaration Page 1

617.7 and 617.12

State Environmental Quality Review (SEQR)

Positive Declaration

Notice of Intent to Prepare a Draft Generic Environmental Impact Statement (DGEIS) Determination of Significance

Date:

This notice is issued pursuant to Part 617 of the implementing regulations pertaining to

Article 8 (State Environmental Quality Review Act) of the Environmental Conservation Law.

The Town Board of the Town of Rhinebeck as Lead Agency, has determined that the

proposed actions described below may have a significant effect on the environment and that a

Draft Generic Environmental Impact Statement will be prepared.

Name of Actions: Proposed adoption of Town of Rhinebeck Comprehensive Plan, Amendments

to the Town of Rhinebeck Zoning Law, and the Freshwater Wetlands Law of the

Town of Rhinebeck.

SEQR Status: Type I ! Unlisted "

Description of Action: The Town Board has proposed adoption of a new Comprehensive

Plan for the Town of Rhinebeck, amendments to the Town’s Zoning Law and the adoption of a

Wetlands Local Law. The Town’s current comprehensive plan was adopted in 1989. Much of the

information in the 1989 plan, especially socio-economic data, is almost 30 years old. Community

values are based upon a 1985 public opinion survey and the regional trends that affected

Rhinebeck’s growth up to that point have shifted due to a number of factors. To prepare the new

Plan, the Town Board appointed a 22-member Comprehensive Plan Committee, comprised of

Rhinebeck residents including planners, architects, land use experts, business owners, town

officials and others, representing diverse backgrounds and interests, to prepare the Plan. The

Committee worked for more than three years to create a plan that addresses the attitudes andreflects the choices of the majority of Rhinebeck residents.

The Committee sought out the preferences and priorities of townspeople through a detailed, town-

wide survey, eleven visioning sessions and more than 200 Committee meetings, workshops, and

forums. The community values that emerged include averting sprawl and preserving open space;

preventing “big box,” franchise and formula businesses, as well as strip development, and




preserving Rhinebeck village as the town’s commercial center; providing diverse housing choices

that are affordable to Rhinebeck’s workforce, new workers and fixed income residents; and

connecting the town, village and Hamlet of Rhinecliff with sidewalks and biking trails. The Plan

addresses most aspects of life in the town, including: economic growth; affordable housing; home-

based work; agriculture and open space; historic resources; fire districts; water/sewer;

transportation; and recreation, scenic, and cultural resources, among myriad others. Regionalissues, especially affordable housing and conservation of natural resources that transcend

municipal boundaries, were studied and considered and more than 400 actions were developed

and recommended for adoption by the Town Board. During the planning process, the Town

Board appointed an Open Space and Affordable Housing Committee to study these issues in

depth. The Rhinebeck Open Space and Affordable Housing Implementation Plan, which resulted from

the Committee’s efforts, has been included in the Proposed Comprehensive Plan. Furthermore, a

Biodiversity Assessment was commissioned by the Town Board, resulting in a report by Hudsonia

Ltd. entitled Significant Habitats. This report has been added to the Proposed Comprehensive Plan as

well.

The proposed Amendments to the Zoning Law have been designed to be consistent with the ± 400

actions recommended in the Plan. They have also been designed to be consistent with the

Dutchess County Greenway Compact Program guidelines, with the recently approved Local

Waterfront Revitalization Program, and with the Amendments made to the Planning and Zoning

enabling laws in New York State Town Law primarily during the 1990’s. New Zoning Districts

have been created and a variety of land uses have been added or removed from the list of allowable

uses. To implement the “Centers and Greenspace Plan” in the Proposed Comprehensive Plan,

residential densities have been increased in parts of the Town deemed appropriate for more

compact development and decreased in other parts of the Town deemed more appropriate for

rural, agricultural, forestry and open space uses. Conservation subdivision design is proposed to

be used as a tool for most new residential development in the Town. New standards governinglighting, signage, noise, landscaping, parking, stormwater management, affordable housing, habitat

management, solar energy/green building construction, and traditional neighborhood

development, among others, have been added.

The proposed Wetlands Local Law has also been designed to be consistent with the actions

recommended in the Plan. Wetlands larger than 12.4 acres in size are regulated by the State of

New York and wetlands that are connected to navigable bodies of water are regulated by the US

Army Corps of Engineers. Many smaller wetlands, however, are not regulated at all in the Town

of Rhinebeck. This includes but is not limited to intermittent woodland pools, which have been

identified by the Town of Rhinebeck Significant Habitats study as “one of the most imperiled

habitats in the region.” New York State agencies, such as the Department of EnvironmentalConservation and Department of State encourage municipalities to protect wetlands through

adoption of local regulatory legislation. The proposed Local Law would require the issuance of a

Wetlands Permit, by the Town Planning Board, before certain development activities could be

initiated within wetlands and an adjacent upland buffer area.




Location: Town of Rhinebeck, Dutchess County New York

Reasons Supporting This Determination:

Land Use and Zoning. The proposed actions may result in zoning changes that would: 1) allow

greater densities and different land uses than the current zoning permits in specific areas of the

Town deemed appropriate for pedestrian-oriented mixed-use priority growth; and 2) reducedensities and allow different uses in the remainder of the Town to protect agriculture, rural

character, natural resources, scenic beauty, open space and historic resources with national, state

and local significance.

Socioeconomic Conditions. The proposed actions may result in changes in the type and density

of land uses in the Town, including an increase in the supply of affordable housing over that

which would be possible under current zoning. Mixed-use neighborhoods in priority growth areas

may enhance and diversify the tax base while creating a diversity of land uses that are less

susceptible to market and economic cycles. Additional areas have been added where office and

other forms of non-residential development may be accommodated.

Community Facilities and Services. The proposed actions may result in a decreased need for

some community facilities and services over what would occur under existing zoning. Mixed-use

neighborhoods in priority growth centers facilitate efficient and predictable capital planning for

roads, stormwater management facilities, community water and sewer utilities and other services.

In the long run, this may reduce infrastructure costs due to the elimination of road widenings and

its replacement with shorter, narrower roads, shorter utility distribution systems, and community

stormwater management and water quality facilities. Central utility systems can be more effective

than individual septic, well and stormwater management systems and may provide numerous

positive environmental and economic benefits.

Agriculture and Open Space. The proposed actions may result in an increase in the Town’sprotected open spaces, including agriculture, due to a recommended Purchase of Development

Rights program, decreased residential densities in the rural and agricultural areas of the Town, and

the use of the conservation subdivision tool (i. e. cluster development pursuant to § 278 of Town

Law) as a permitted use and conventional subdivision development as a special permit use. The

proposed Zoning Law has been revised to encourage both agriculture and forestry by removing

regulatory barriers to such land uses.

Community Character. Changes in land use and the physical landscape could result from the

introduction of additional buildings and greater development density in a specific location deemed

appropriate for pedestrian-oriented mixed-use compact growth. The Town’s predominantly rural,

historic and agricultural character would be retained due to reductions in development density and other planning tools elsewhere.

Natural Resources. The proposed actions may lead to greater protection of natural resources and

the environment in the Town due to an increase in the preservation of important open space areas

as a result of conservation subdivision development, over that which would occur under current

zoning. The Plan recommends changes to the Town Water Resources Overlay District to more

concertedly protect both ground and surface waters.




Local Waterfront Revitalization Program (LWRP). The proposed actions have been designed to

be consistent with the New York State Department of State Coastal Zone Management Program

and the adopted Town of Rhinebeck Local Waterfront Revitalization Program, which 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).

Infrastructure. The proposed actions may increase the demand for water and/or sewer services, if

such services are developed, extended or modified to serve any or all of the proposed priority

growth areas.

Traffic. The proposed actions may result in a decrease in the number of vehicular trips in the

Town over what would occur under current zoning due to the overall reduction in residential

densities in the Town from that which is possible under current Zoning allowances and due to a

policy for no additional major roadway construction in the Town.

Transit and Pedestrians. The proposed actions may affect transit and pedestrians in the Town

since creation of walkable mixed-use neighborhoods has been found to reduce traffic generation by

“capturing” trips between uses within mixed-use districts. A mixed-use neighborhood in a priority

growth center provides alternative transportation modes such as walking and bicycling and

supports transit use. The proposed actions may also increase ridership on the Loop Bus and other

mass transit facilities. It also may increase pedestrian movements in the Town due to the increase

in the availability of pedestrian facilities like sidewalks, bicycle lanes and trails.

Public Scoping of the Draft GEIS will occur as follows:

Scoping of the Draft GEIS will be conducted. The Town Board has prepared a Draft Scoping

Document. Such Document will be forwarded to all Interested Agencies (see list below), through

publication of a “Notice of Scoping” in the official Town newspaper, and through availability of

the Draft Scoping Document on the Internet for viewing or downloading at

http://www.TheRhinebeckPlan.org and http://www.rhinebeck-ny.gov . The Draft Scoping

Document will also be available for public review at the Town of Rhinebeck Town Hall as well as

at the Starr and Morton libraries. A Public Scoping Session has been scheduled for August 14,

2008, at 6:45 PM to discuss the Scoping Document and receive public input. Additional written

comments will be accepted until the close of business on August 25, 2008. Following the public

Scoping Session and written comment period, the Town Board will prepare and disseminate a

Final Scoping Document.

For Further Information:

Contact Person: Address:

Telephone:

Tom Traudt, Supervisor Town Board of the Town of Rhinebeck 80 East Market Street Rhinebeck, NY 12572 845.876.7952




A Copy of this Notice Sent to and Filed With:

Environmental Notice Bulletin: [email protected]

Supervisor Tom Traudt

Town Board of the Town of Rhinebeck

Town of Rhinebeck Planning Board

Town of Rhinebeck Zoning Board of Appeals

Town of Rhinebeck Comprehensive Plan Committee

Town of Rhinebeck Town Clerk

Town of Rhinebeck Conservation Advisory Council

Town of Rhinebeck Highway Department

Village of Rhinebeck Board of Trustees 76 East Market Street Rhinebeck, NY 12572

Attn.: Richard Cunningham, Mayor

Village of Rhinebeck Planning Board 76 East Market Street Rhinebeck, NY 12572

Attn.: Tim Decker, Chairman

Town Board of the Town of Red Hook

7340 South Broadway

Red Hook, NY 12571

Attn.: Sue Crane, Supervisor

Town Board of the Town of Milan

20 Wilcox Circle

Milan, NY 12571

Attn.: Richard Barrett, Supervisor

Town Board of the Town of Clinton

PO Box 208

Clinton Corners, NY 12514

Attn.: Jeff Burns, SupervisorTown Board of the Town of Hyde Park

4383 Albany Post Road

Hyde Park, NY 12538

Attn.: Pompey Delafield, Supervisor




Town Board of the Town of Ulster

1 Town Hall Drive

Lake Katrine, NY 12449

Attn.: Nicky B. Woerner, Supervisor

Town Board of the Town of Esopus

PO Box 700

Port Ewen, NY 12466

Attn.: John Coutant, Supervisor

City of Kingston Chief Executive Officer

420 Broadway

Kingston, NY 12401

Attn.: James M. Sottile, Mayor

Rhinebeck Central School District North Park Road Rhinebeck, NY 12572 Attn.: Joseph Phelan, Superintendent

Starr Library 68 West Market Street Rhinebeck, NY 12572

Morton Memorial Library 82 Kelly Street Rhinecliff, NY 12574

Dutchess County Department of Planning and Development 27 High Street Poughkeepsie, NY 12601

Dutchess County Department of Health

387 Main Mall Poughkeepsie, NY 12601

Dutchess County Water and Wastewater Authority 27 High Street Poughkeepsie, NY 12601

Dutchess County Department of Public Works 22 Market Street Poughkeepsie, NY 12601NYS Department of State (Coastal Management and Local Government) 123 William Street New York, NY 10038-3804



NYS Department of Transportation Region 8 Office 4 Burnett Blvd. Poughkeepsie, NY 12603

NYS Department of Environmental Conservation Region 3 Office 21 South Putt Corners Road New Paltz, NY 12561

NYS Department of Environmental Conservation Division of Environmental Permits 625 Broadway Albany, NY 12233

NYS Department of Agriculture and Markets 10B Airline Drive Albany, NY 12235Pace University Land Use Law Center 78 North Broadway White Plains, NY 10603

Attn.: John Nolan, Esq.

Hudson River Valley Greenway Capitol Building, Capitol Station, Room 254 Albany, NY 12224

Attn.: Mary Mangione, Executive Director

Scenic Hudson 1 Civic Center Plaza Poughkeepsie, NY 12601

Attn.: Ned Sullivan, Executive Director

Hudson River Heritage 128 Route 9 Rhinebeck, NY 12572

Attn.: Christopher Lindner, President