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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.1
Article 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
A. Title.
This Local Law shall be known and may be cited as “The Zoning Law of the Town of Rhinebeck,
Dutchess County, New York” or as it is referred to herein simply as the “Zoning Law.”
B. Scope.
This Zoning Law regulates the location, construction, alteration, and use of buildings and structures
and the development and use of land within the unincorporated portion of the Town of Rhinebeck
and for said purposes divides the Town into the Zoning Districts enumerated in Article II.
C. Purposes.
This Zoning Law is adopted pursuant to the Town Law of the State of New York, Chapter 62 of the
Consolidated Laws, Article 16, and Articles 2 and 3 of the Municipal Home Rule Law, to protect and
promote public health, safety, comfort, convenience, economy, aesthetics and general welfare and for
the following additional purposes:
1. To guide development of the Town in accordance with the Town of Rhinebeck Comprehensive
Plan, so that the Town may realize its potential as a place to live and to work, with the most
beneficial and convenient relationships among the residential, commercial and mixed-use areas
within the Town and with due consideration to:
a. The character of the district and its suitability for particular uses, and
b. The existing conditions and trends in population, economic value of buildings and
neighborhoods, and
c. The limitations imposed upon development by natural and cultural resources, and
d. The historical patterns of more compact development in the Village and hamlets
surrounded by rural, scenic and natural lands, historical features and historic roads.
2. To recognize and continue the rural development patterns that occurred in the Town before the
advent of Zoning by discouraging the development of greenfield sites, encouraging
development and redevelopment of infill sites and allowing flexibility in the design of new
development and ownership of open space.
3. To protect and manage the rural, scenic, natural and historic character of the town.
4. To preserve the integrity, stability and beauty of the community and the value of the land.
5. To enhance the appearance of the Town as a whole, by ensuring that all development shall be
orderly and beneficial to the Town, by eliminating inappropriate and poor quality design in the
provision of site improvements and in the exterior appearance of structures, and by controlling
the erection and maintenance of signs throughout the Town.
6. To protect residential areas and to provide privacy for families by the protection of such areas
from, among other factors, the visual and noisome intrusion of non-conforming uses.
Zoning Law Scope and Purposes
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.
Waterfront Advisory Committee (WAC), as presently constituted pursuant to Town Code Chapter
118 in its entirety of all appointed members of the Town’s Conservation Advisory Council, has been
and will continue to be appointed by the Town Board to make recommendations to the Town
Supervisor, the Town Board and other responsible Town agencies involved in the financing,
permitting or approval of projects within the Local Waterfront Revitalization Area (LWRA)
concerning consistency of actions with the Coastal Policies. Actions within the LWRA include the
demolition of historic buildings, which are addressed in Article V, Section BB of this Zoning Law.
Whenever a proposed action is located with the LWRA, the local agency under whose
jurisdiction that action falls shall, prior to approving or permitting, funding or undertaking
the action, seek the advice of the WAC. The WAC’s advice shall be presented in writing
and include, along with its consistency recommendation, any suggestions for modifications
the referring official or agency might consider that would make the proposed action more
consistent with the LWRP or help advance the LWRP policies and standards.
Upon receipt of the WAC’s report, the local agency with jurisdiction to approve or permit,
fund or undertake the proposed action will consider the recommendations of the WAC
and make its own determination as to whether the proposed action is consistent to the
maximum extent practicable with the LWRP or, absent such a finding, either recommend
or impose, as pertinent, modifications that would have to be incorporated in the proposed
action to merit a determination of consistency with the LWRP.
If the agency determines that the action would cause a substantial hindrance to the
achievement of LWRP policy standards and conditions, such action shall not be
undertaken unless the agency determines with respect to the proposed action that:
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.
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 to
any person or circumstance be adjudged invalid by any court of competent jurisdiction, such
judgment shall be confined in its operation to the part, provision or application directly involved in
the controversy in which such judgment shall have been rendered and shall not affect or impair the
validity of the remainder of this Zoning Law or the application thereof to other persons or
circumstances and the Town Board hereby declares that it would have enacted this Zoning Law or the
remainder thereof had the invalidity of such provision or application thereof been apparent. If any
zoning district boundary that may exist in the future is found by a court to be invalid for any reason,
the decision of the court shall not affect the validity of any other section, provision, standard, or
district boundary of these regulations except the provision in question. The other portions of these
regulations not affected by the decision of the court shall remain in full force and effect.
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.
A. Zoning Districts.
For the purposes of this Zoning Law, the Town of Rhinebeck hereby establishes and divides the
Town into the following zoning districts as illustrated on the Town of Rhinebeck Zoning Map. The
intent of the zoning districts is to guide both the conservation and development of the Town’s land
and water resources in harmony with the Town Comprehensive Plan, the Dutchess County Plan
Directions, the Hudson River Valley Greenway Compact guidelines Greenway Connections, including
consistency with the objectives of the Town’s National Historic Landmark District and Local
Waterfront Revitalization Plan (LWRP), the Mid-Hudson Historic Shorelands Scenic District Management
Plan and scenic roads programs, and any locally- or state-designated protected resources and critical
environmental areas. In addition to the zoning districts, this Zoning Law also establishes overlay
districts, which add additional requirements to protect identified natural and cultural resources or
to encourage specific types of development. Small-scale housing developments for senior citizens
have been addressed by this Zoning Law through a floating zone, which is established through the
Zoning Amendment process. The zoning districts are listed in tabular form as follows and more
explicitly described below that. Maps identifying the Zoning Districts can be found at the end of
this Article. The Illustrative Sketch Plan for the Astor Flats TND can be found in Article VIII.
Historic Preservation (HP20). The “Historic Preservation (HP20)” District recognizes the
importance of the community’s historic properties, constituting Rhinebeck’s portion of the
Hudson River National Historic Landmark District, the most prestigious designation of historic
resources in the nation. Its significance, in part, relates to the HP20 District’s importance in
American History and its significance as a landscape that inspired the Hudson River School of
Painting, where “America’s love of its landscape was born.” The HP20 District contains numerous
scenic viewsheds of importance and contributing National Register properties, many of which were
designated for their nationally significant scenic and landscape qualities. The HP20 District has
also been recognized with New York State’s Mid-Hudson Historic Shorelands Scenic District
designation, the Estates District Scenic Area of Statewide Significance, contains State Scenic
Byways and a Coastal Zone area and is within the area designated by the federal government as an
American Heritage River. It is also within the Hudson River Valley National Heritage Area and
the state’s Hudson River Valley Greenway. The views from the HP20 District to the west, with the
Hudson River and the Catskill Mountains in the distance, are exceptionally desirable and continue
to make this area an extremely important asset for Rhinebeck, New York State and the Nation.
Sensitive handling of all development in this area is crucial to maintaining the estate character that
lends so much importance to Rhinebeck’s nationally significant historic, environmental and scenic
assets. Flexibility in the design of conservation developments is needed to preserve open space, to
preserve the rural and historic estates character of the District and to respect the environmental and
scenic resources contained there. These unique attributes also requires flexibility of open space
ownership to be considered.
Rural Agricultural (RA10). The “Rural Agricultural (RA10)” District recognizes the
importance of the Hudson River National Historic Landmark District (as described
above in the HP20 District) and locations where rural and agricultural lands have
historically predominated. In addition to historically significant rural and agricultural
lands, the RA10 District contains numerous scenic viewsheds of importance,
contributing National Register historic and scenic properties, many of which were
designated for their nationally significant scenic and landscape qualities. Portions of
the RA10 District have also been designated within the State’s Mid-Hudson Historic
Shorelands Scenic District, the Estates District Scenic Area of Statewide Significance,
and the RA10 District also contains State Scenic Byways and a Coastal Zone area and is
within the area designated by the federal government as an American Heritage River.
It is within the Hudson River Valley National Heritage Area and the state’s Hudson
River Valley Greenway. Sensitive handling of all development in this area is crucial to
maintaining the rural and agricultural character that lends so much importance to
Rhinebeck’s historic significance. Development should be clustered in a flexible
manner to preserve open space, to preserve the rural character of the RA10 District and
to respect the environmental, scenic and agricultural resources contained there. These
unique attributes also requires flexibility of open space ownership to be considered.
Rural Countryside (RC6). The “Rural Countryside (RC6)” District recognizes the
pattern of rural-density development in an area of the Town where significant
environmental constraints are abundant. The purpose of the RC6 District is to
maintain the Town’s historic pattern of rural, forested and agricultural settlements,
characterized by large expanses of open space and unspoiled views from the road, a
scattering of residences, farms, and rural businesses, and clustered development
surrounded by open space. Development should continue to be clustered to preserve
open space, to preserve the rural character of the RC6 District and to respect the
environmental, scenic and agricultural resources contained there. Flexibility in the
design of conservation developments is needed to preserve open space and the rural
and agricultural character of the District. These unique attributes also requires
flexibility of open space ownership to be considered.
Residential Low Density (RL5). The “Residential Low Density (RL5)” District
recognizes an area of limited rural residential development adjoining the Hamlet of
Rhinecliff east of Morton Road. A continuation of residential uses in this area, if
appropriately sited, will help preserve the sense of openness in existing scenic and
agricultural areas, respecting the environmental sensitivity, aesthetic quality and the
original 1863 Hamlet subdivision plan for these lands. Conservation subdivision
design is an appropriate method of addressing development in this District.
Residential Medium Density (RM1). The “Residential Medium Density (RM1)”
District represents most of the existing developed areas between the Village of
Rhinebeck and the Hamlet of Rhinecliff along Rhinecliff Road. The RM1 District is
intended to allow a continuation of more concentrated, medium density residential
development near the Village of Rhinebeck and where served by municipal central
water and potentially common sewage facilities. If adequate land exists, development
should be clustered using the conservation subdivision design process to preserve
significant open spaces and foster pedestrian and bikeway linkages between residential
neighborhoods and the business, service and recreational facilities located in the
Village and Hamlet centers.
Neighborhood Residential (NR). The purpose of the “Neighborhood Residential
(NR)” District is to continue to provide land for manufactured homes for permanent
residents, thereby ensuring there can continue to be a diversity of housing types in the
community. Maintaining a density of one dwelling per 6,000 square feet of land area is
appropriate in the two locations where manufactured homes are found. The NR
District on Route 9 should eventually link to the Astor Flats TND through pedestrian
and bicycle facilities only.
Village Gateway (VG). The purpose of the “Village Gateway (VG)” District is to allow
for the development of residential neighborhoods within walking distance of the
Village where central water and sewer services are potentially available. This District is
designed to provide a diversity of housing types in the community and to promote
architectural design that is compatible with the overall historic character of the Village
and Town of Rhinebeck. The District adjoins the Northern gateway to the Village on
Route 9 and the Western gateway to the Village on Rhinecliff Road and Astor Drive
where it is appropriate for compact village-like development at a density of one dwelling
per 6,000 square feet of land area. Development in this District shall be guided by the
design standards in Article VIII for traditional neighborhoods (see TND below).
Traditional Neighborhood Development (TND). The purpose of the “Traditional
Neighborhood Development (TND)” District is to create a place in the Town for new
development that reflects the traditional scale, density and character of the Village of
Rhinebeck. The Astor Flats TND is a mixed-use residential and commercial district, as
illustrated on the conceptual plan in the Rhinebeck Comprehensive Plan and in Article
VIII herein. The TND District requires that new development be fully integrated as a
pedestrian oriented neighborhood and a diversity of housing types must be provided.
The TND District is intended to provide for compact development while avoiding
suburban sprawl, more efficient delivery of infrastructure, while avoiding or reducing
environmental degradation and traffic congestion.
Rhinecliff Hamlet (Rc-H). The “Rhinecliff Hamlet (Rc-H)” District recognizes
Rhinecliff’s importance as a mid-19th Century planned traditional neighborhood in the
Town of Rhinebeck. Containing over 100 historic structures, Rhinecliff is a small
center for civic life, culture and limited commercial activity. While Rhinecliff has some
limited potential for growth, its historic character must always be preserved and
protected. The Hamlet’s unique qualities of architectural design and scale demands
that new development be in harmony with existing development, preserves the
pedestrian character of the Hamlet, improves its visual character, protects residential
uses and enhances the Hamlet as a secondary cultural center for the Town.
Rhinecliff - Hamlet Transition (Rc-HT). The “Rhinecliff Hamlet Transition (Rc-HT)”
District applies to property that has the potential to be adaptively reused for low-
character of the community and should be consistent with a future roundabout at this
intersection.
Community Business - North (CB-N). The “Community Business - North (CB-N)”
District is intended to provide attractive development of business activities that serve
community needs. Careful review of both site and architectural elements is intended
in this and other commercial districts to enhance the overall quality of site
development and promote architectural design that is compatible with the overall
historic character of the Village and Town of Rhinebeck.
Community Business - South (CB-S). The “Community Business - South (CB-S)”
District is intended to provide a place for attractive development of business activities
that serve community needs. A limited number of curb cuts along NYS Route 9 are
encouraged to minimize conflicts with through traffic and conserve the capacity of the
roadway, while providing linkages between business establishments on adjacent parcels.
Careful review of both site and architectural elements is intended in this and other
commercial districts to enhance the overall quality of site development and promote
architectural design that is compatible with the overall historic character of the Village
and Town of Rhinebeck.
Gateway South (Gw-S). The “Gateway - South (Gw-S)” District is intended to allow a
place for small-scale professional, administrative and related office uses at the southern
gateway to the Village and Town. Restrictions on building height and lot coverage,
coupled with careful review of both site and architectural elements, are intended to
promote a scale and quality of development compatible with the rural and historic
character of the community.
Gateway East (Gw-E). The “Gateway - East (Gw-E)” District is intended to provide a
place for small-scale retail farm and related uses at the eastern gateway to the Village
and Town. Restrictions on building height and lot coverage, coupled with careful
review of both site and architectural elements is intended to promote a scale and
quality of development compatible with the rural and historic character of the
community.
Gateway North (Gw-N). The “Gateway - North (Gw-N)” District is intended to provide
a place for small-scale professional, administrative office and hospitality uses at the
northern gateway to the Town of Rhinebeck. Restrictions on building height, setbacks
and lot coverage, and minimizing access to Route 9G while providing linkages between
business establishments on adjacent parcels are required through unified site design
and careful review of both site and architectural elements. This District is intended to
promote a scale and quality of new development architecturally compatible with the
rural and historic character of the community.
General Business (GB). The “General Business (GB)” District is intended to provide a
place for small scale, local commercial uses on NYS Route 9 adjacent to the Village of
Rhinebeck. Careful review of both site and architectural elements is intended in this
and other commercial districts to enhance the overall quality of site development and
promote architectural design that is compatible with the overall historic character of the
Village and Town of Rhinebeck.
Office Research Park (ORP). The “Office Research Park (ORP)” District is intended
to provide a place for orderly, attractive development of office, commercial and light
manufacturing uses along NYS Route 9G to increase tax base and employment
opportunities within the Town. Large setbacks and a minimum of curb cuts shall be
maintained in order to conserve scenic views and the capacity of Route 9G. The
concept of a feeder or service road shall be encouraged to carry out this objective while
providing linkages between business establishments on adjacent parcels. Site plan
controls, large setbacks, and extensive landscape requirements are intended to buffer
adjoining residential properties. Careful review of both site and architectural elements
is intended in this and other commercial districts to enhance the overall quality of site
development and promote architectural design that is compatible with the overall
historic character of the Village and Town of Rhinebeck.
Rail Transportation Corridor (RT). The “Rail Transportation Corridor (RT)” District
applies to the lands occupied by the CSX corridor along the Hudson River. The Rail
Transportation Corridor serves a local transit function but also carries international
rail traffic. The scenic importance of the corridor, its potential for providing access and
recreation on the Hudson River, and its prominent location in the Town’s “front-yard”
must never be altered to the detriment of the community.
Utility Corridor (UC). The “Utility Corridor (UC)” District applies to the lands
occupied by Central Hudson’s high voltage electric transmission corridor through the
Town. Some areas of the UC District are coincident with the LC-T District
encompassing the Hucklebush rail right-of-way and other trail opportunities.
Land Conservation (LC). The “Land Conservation (LC)” District is intended to
provide for conservation of natural and cultural resources, open space, agriculture,
forestry and limited recreational use of the Town’s most ecologically-sensitive lands,
including those most closely related to the principal watercourses and wetlands
throughout the Town. The LC District also includes lands protected by conservation
easements, dedicated to public use and enjoyment of the natural scenic qualities of
lands, and those parcels dedicated to recreational or conservation and 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 within
the underlying Zoning District, on more traditional smaller lots of one acre, provided
water and sewer services can be accommodated.
Mining Overlay (Mi-O). The “Mining Overlay (Mi-O)” District delineates the areas
within the Town of Rhinebeck where extractive operations and soil mining are allowed
through Special Use Permits, provided all requisite permits are obtained from the New
York State Department of Environmental Conservation and the Town of Rhinebeck to
conduct such activities.
Water Resources Protection Overlay (WR-O). The Town of Rhinebeck deems the
protection of its surface and ground water resources to be an important public purpose
and finds that, to the extent practicable, future development of the Town should
minimize alteration of, or construction within, these significant environmental
resource areas. In furtherance of this objective, the Water Resources Protection
Overlay (WR-O) District is established on the Town’s Zoning District Map to define the
location of these water resources and to provide for their protection in the manner set
forth in Article V, Section T of this Zoning Law.
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.
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
Use Regulations
Town’s Zoning regulations, the Town agency reviewing the project shall endeavor to work with
the public agency to weigh the following factors:
1. The nature and scope of the government agency seeking immunity;
2. The encroaching government’s legislative grant of authority;
3. The kind of function or land use involved;
4. The effect local land use regulation would have upon the enterprise concerned;
5. Alternative locations for the facility in less restrictive zoning districts;
6. The impact upon legitimate local interests;
7. Alternative methods of providing the proposed improvement;
8. The extent of the public interest to be served by the improvements; and
9. Intergovernmental participation in the project development process including an
opportunity for the Town of Rhinebeck’s interests to be heard.
10. The goals of all planning tools by local decision-makers in the development review
process.
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Residential Uses
Alternate 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 Uses
Agriculture 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 Use
S -- Special Permit Use
* - Site Plan approval required
— -Prohibited Use July 2008 Draft Article III
District Schedule of Use Regulations
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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)
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P -- Permitted Principal Use
S -- Special Permit Use
* - Site Plan approval required
— -Prohibited Use July 2008 Draft Article III
District Schedule of Use Regulations
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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, any
use which is accessory to a special permit use shall
also be a special permit use. Any use which is
accessory 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. Article VI, Section E
should be examined carefully for special regulations
governing uses, and the need for Site Plan and Special
Use 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 a
Permitted (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
Note:
P -- Permitted Principal Use
S -- Special Permit Use
* - Site Plan approval required
— -Prohibited Use July 2008 Draft Article III
Town of Rhinebeck: District Schedule of Area and Bulk Regulations (July 2008)
i
See Article V, Section M for special building height accommodations for solar and wind energy systems.
ii
See Articles V and VI for special lot and impervious surface coverage requirements.
iii
See Article VI, Section E for special bulk restrictions that apply.
Article IV. Area and Bulk Regulations
In accordance with § 277 of New York State Town Law, lots in a conventional subdivision shall at
least comply with the requirements of the District Schedule of Area and Bulk Regulations. The
Planning Board has the authority to impose higher planning and design standards than otherwise
provided for lots in a conventional subdivision, when there exists good reason in the nature of the
land, including but not limited to topography, location, shape, size, drainage, surface and ground
water resources, and other physical features of the site as well as the character of the surrounding
community.
Exceptions to the maximum net density per dwelling unit are as follows:
1. As provided in Article IV, Section B regarding existing non-conforming lots of record; or
2. As provided within the Traditional Neighborhood Development District, which specifies
maximum densities of the District in Article VIII of the Zoning Law.
3. In cases where a bonus for affordable housing has been granted in accordance with Article V,
Section CC of the Zoning Law.
4. More specifically, if two (2) or more principal residential structures or dwelling units are located
or proposed to be located on the same lot, except for accessory dwellings, guest houses or a
residential conversion authorized under this Zoning Law by Special Use Permit, the following
shall apply:
a. The maximum net density per dwelling unit requirement must be complied with;
b. All other requirements of this Zoning Law and other applicable laws, rules and regulations
must be strictly met;
c. A residential lot of required or greater than required area as set forth in this Zoning Law
shall not be reduced in area for transfer of ownership if such lot so divided will form two
(2) or more lots any of which shall be less than the maximum net density required for the
district in which the lot or lots are situated.
D. Height Exceptions.
The height limitations set forth in the “District Schedule of Area and Bulk Regulations” shall be
applicable to principal and accessory buildings and structures. Building elements, such as roof air
conditioners or elevator shafts that have the potential to detract from the aesthetics of the
building’s architecture, should be designed to appear as if they are an integral architectural element
of the structure. No structure, or other exception, shall be used as a place for habitation or for
signage not otherwise authorized by this Zoning Law. The height limitations shall not be applicable
to the following:
1. Flagpoles, windmills, agricultural barns and silos, and similar features, which in no case shall
exceed eighty (80) feet in height above average finished grade at its base. Special height
requirements apply to Communication Towers found in Article VI, Section E.
2. Spires, belfries, chimneys, cupolas, skylights, water or cooling towers, parapets or railings,
elevators, stair bulkheads, air conditioning units or similar small-scale structures, that are not to
be used for human occupancy, which in their aggregate coverage occupy no more than ten
percent (10%) of the roof area of the building of which they are an integral architectural or
mechanical element. Such features shall be erected only to such minimum height as is
necessary to accomplish the purpose for which they are intended and shall not detract from the
visual appearance of the structure as determined by the Planning Board. The Town of
Rhinebeck encourages the use of non-fossil fuel energy systems such as solar collectors and
wind generators. Special height and other regulations apply to solar collectors and wind
generators installed on a structure. Please see Article V, Section M of the Zoning Law for these
regulations.
E. Corner Lots.
1. Required front yards. On a corner lot, each street frontage shall be deemed to be a front street
line, and the required yard along each such lot line shall be a required front yard. However, the
above notwithstanding, for purposes of this Zoning Law, no lot shall be interpreted to have
more than two (2) front yards regardless of how such lot is located or configured. The Code
Enforcement Officer, in consultation with the owner, shall establish which of the remaining
yards shall be the required side yard and the required rear yard for purposes of this Zoning Law.
2. Obstructions at Street Intersections. For traffic safety purposes, at all street intersections, no
obstructions to vision such as a fence, gate, wall, hedge, structure or planting over three (3) feet
higher than the center line of the street, as measured above the curb level, if any, or above the
existing road level, shall be erected or installed and maintained.
G. Accessory Structures.
1. Except for structures used for agricultural purposes when conducted using “Sound Agricultural
Practices” as defined by the New York State Department of Agriculture and Markets, for bona
fide works of art such as sculptures, for Class 2 Home Occupations for which a Special Use
Permit has been granted, or for detached accessory dwelling units permitted in accordance with
the Special Use Permit requirements of Article VI of this Chapter, the following limitations
shall apply to all accessory structures as defined in Article XIII of this Zoning Law:
a. No such structure shall exceed twenty (20) feet in height in any residence district.
b. No such structure shall be set back less than twenty (20) feet from any lot line.
c. Except for agricultural structures, guest or caretakers houses, no such structure shall
project closer to the fronting street than the principal building on the lot.
d. All roofed accessory structures, except for agricultural buildings, shall in the aggregate
comprise not more floor area than either the principal building on the lot or one thousand
five hundred (1,500) square feet, whichever is more restrictive.
e. All such structures in the aggregate shall not occupy more than twenty percent (20%) or, in
the case of roofed structures, more than one thousand (1,000) square feet of any required
yard.
f. Not more than three (3) such accessory structures, other than a permitted sign or
agricultural buildings, of which no more than one shall be a private garage, shall be
permitted on an individual lot in a residential district. In the event the lot exceeds ten (10)
acres, additional accessory structures may be sited if a Special Use Permit is granted in
accordance with Article VI of this Zoning Law.
2. A single portable accessory building with a maximum floor area of eighty (80) square feet may
be installed or constructed and used on any lot without the issuance of a Building Permit or
Certificate of Occupancy, provided that:
a. The structure does not have a permanent foundation.
b. The structure is not served by any utility such as electricity, gas or plumbing.
c. The structure does not exceed ten (10) feet in height.
d. The structure is never used for human habitation.
e. All other requirements of this Zoning Law related to accessory structures are fully met.
3. Fences, gates and walls may be located in required yard areas where in full compliance with the
standards provided within Article V, Section D of this Zoning Law.
surface and ground water resources, and other physical features of the site as well as the
character of the surrounding community.
b. That any authorized flag lot have a minimum lot frontage of forty (40) feet and, if
contiguous to another lot with less than the minimum frontage prescribed in the District
Schedule of Area and Bulk Regulations, share a common access point and driveway with
such adjacent lot.
c. That any authorized flag lot have not less than the minimum lot width specified for the
zoning district at the building line established on the subdivision plat, rather than at the
minimum required front setback line, as otherwise required by this Zoning Law. The
building line so established may not be less than one hundred (100) feet in the HP20,
RA10 and RC6 Districts, seventy-five (75) feet in the RL5 District and fifty (50) feet in the
RM1 District further from the lot frontage than the line at which the minimum lot width
specified for the zoning district is first achieved.
d. That any authorized flag lot satisfy the minimum lot area requirement specified for the
zoning district by consideration of only that land which lies further from the lot frontage
than the line at which the minimum lot width specified in the “District Schedule of Area
and Bulk Regulations” for the zoning district is first achieved.
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
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.
4. Wastes.
No solid or liquid wastes shall be discharged into any public sewer, common or private sewage
disposal system, stream or on or into the ground, except in strict conformance with the
standards approved by the New York State Health Department, the New York State
Department of Environmental Conservation, Dutchess County and/or other duly-empowered
agency. Facilities for the storage of solid wastes shall be so located and designed as to be
Supplementary Regulations
screened from the street and/or from any adjoining property and so as to discourage the
harboring of rodents or insects.
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.
9. Vibration.
No activity shall cause or create a steady state or impact vibration discernible at any lot line in
accordance with the following method of measurement:
a. Method of Measurement. For the purpose of measuring vibration, a three-component
measuring system approved by the Town Engineer shall be employed.
a. Maximum permitted steady-state and impact vibration displacement. No activity shall
cause or create a steady-state or impact vibration displacement by frequency bands in excess
of that indicated in the following table:
Vibration Displacement
10 to 19 0.0004 0.0008
20 to 29 0.0003 0.0006
30 to 39 0.0002 0.0004
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.
Convenience retail, such as 4 / 1,000 square feet GFA Same as general retail
grocery or video stores
Farm markets & roadside 4 / 1,000 square feet GFA Same as general retail
stands
Hard goods such as hardware 2.5 / 1,000 square feet GFA Same as general retail
or building products interior sales space plus 1.5 /
1,000 square feet interior
storage
Motor vehicle sales and service 2.5 / 1,000 square feet GFA Same as light manufacturing
interior sales space plus 1.5 /
1,000 square feet of external
display (does not include stock
areas closed to the public) plus
3 / service bay
Service retail 2.4 / 1,000 square feet GFA Same as general retail
Light manufacturing 2 / 1,000 square feet GFA plus 1 / 10,000 square feet up to
any required spaces for offices, 50,000 square feet GFA plus
sales, or similar use or as one for each 50,000 square
special conditions may require feet thereafter or as special
conditions require
Wholesale businesses 0.5 / 1,000 square feet GFA 1 / 50,000 square feet GFA
plus any required spaces for
offices, sales, or similar use or
as special conditions may
require
Other place of public assembly 0.25 / person in permitted 1 / 100,000 square feet GFA
capacity
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.
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.
d. Direct runoff to rain gardens landscaped with native plants. A rain garden is a shallow
depression that captures runoff from impervious surfaces and filters out non-point source
pollutants. If possible, capture not only parking lot runoff but rooftop runoff as well. If
rooftop runoff cannot be captured, then use green roofs, where rooftops are planted with
vegetation.
e. Divide the rows of parking with planting strips and trees, averaging a tree every six (6) to
ten (10) spaces. Planting strips should be a minimum of eight (8) feet in width.
f. Provide diamond shaped tree islands six (6) feet wide for every four (4) to six (6) parking
stalls.
g. Reduce visual impacts by breaking up large parking lots into smaller parking groves and
parking courts with a significant number of shade trees and surrounded by low hedges,
stone walls, or attractive fencing. Avoid more than 10 parking spaces in a continuous row
and more than 20 spaces in any single parking area defined by landscaping.
h. Create large planting islands (over 500 square feet) to be located throughout the lot and
planted with shade trees, low shrubs, and/or ground cover. These should preferably be
located at the ends of parking rows.
i. 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 flow of both vehicular and pedestrian
traffic within the lot.
k. Use existing woodlands, if located on the site, by preserving as much as possible along the
perimeter of the lot. Provide additional evergreen shrubs if needed.
l. At least 25 percent of the shade trees should be evergreen type.
m. The use of non-plant materials as part of the landscape plan is encouraged, especially where
such materials exist on the subject site. These materials may include the following: large
landscape quality boulders, water features, wood or concrete soil retaining devices, gravels,
concrete garden amenities, and approved mulch materials.
n. Lighting should compliment the landscaping and architectural features on the site, should
be distinctive and human-scale, and shall avoid excessive glare, uplighting or wasted light.
See Article V, Section V of this Section for lighting standards applying to all parking areas.
o. In large parking lots, separate pedestrian walkways should be provided to allow safe
movement within the lots. These facilities should generally be oriented perpendicular to
and between parking bays. Adjacent to the walks, trees should be planted. Coordinate
pedestrian walkways with access for public transit if available or planned. The following
walkway guidelines also apply:
i. One walkway can serve as a collector for up to four bays of parked cars.
ii. The walkway should be a minimum of four feet wide, allowing an additional 30 inches
on each side for overhanging of automobiles.
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.
21. Trailers (camping or travel), motor and sail boats, and commercial vehicles.
a. The outdoor storage, parking or use of camping or travel trailers, motor or sail boats, and
commercial vehicles for more than two weeks per year are hereby prohibited in all districts,
except that:
i. One camping or travel trailer may be stored but not used for any purpose on an
occupied lot (or on an adjacent unoccupied lot, if both lots are under common
ownership).
ii. Said camping or travel trailer shall not exceed forty (40) feet in length.
iii. Said camping or travel trailer shall not be located between the street line and the
principal building and shall conform to side and rear yard requirements governing
accessory uses.
iv. One commercial vehicle owned by the property owner not exceeding 26 feet in length
may be parked on an occupied lot in any residence district, but not within the required
yards of such lot and in no case between the street line and the principal building.
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.
C. Sign Regulations.
1. Intent and Purposes.
The purpose of these sign regulations are: to strengthen the identity of Rhinebeck; to preserve
rural, natural, historic and scenic beauty by preventing visual sign clutter; to maintain and
enhance the aesthetic environment; to support the local economy, help nurture small
businesses, and recognize the needs of various types of businesses; to encourage the creative
design of signs in character with the context of the community; and to minimize the possible
adverse effect of signs on nearby public and private property. The sign regulations are
designed to promote and protect the public heath, safety, and welfare of the community and to
enable their fair and consistent enforcement. The sign regulations are also intended to
encourage the use of signs as a means of communication, to protect pedestrian and vehicular
safety and prevent potential traffic conflicts, and to protect property values. The sign
regulations are designed to implement the Town Comprehensive Plan and are consistent with
March 8, 2000 version of the Greenway Connections: Greenway Compact Program and
Guides for Dutchess County Communities, pursuant to Article I Section D of the Zoning Law,
the Mid-Hudson Shorelands Scenic District Management Plan and the Scenic Roads
Handbook (see the Town Comprehensive Plan).
2. Sign Compliance.
No sign shall be erected, replaced, altered, relocated, or maintained in any district except in
accordance with the provisions stated herein. Some signs are exempt, prohibited, or permitted.
Permitted signs are subject to these regulations, including a design review by the Planning
Board using the Town of Rhinebeck Design Standards (see Appendix A herein) as a guide.
Notwithstanding anything herein to the contrary, noncommercial copy may be substituted for
commercial copy on any lawful sign.
3. Substitution Clause.
Any sign authorized pursuant to this Section may contain a noncommercial message
constituting a form of expression in lieu of other copy.
4. Permit Required.
A sign, as defined in this section, may be placed, erected, constructed, painted, altered,
relocated, enlarged, reconstructed, displayed, lit or maintained only as expressly permitted in
this chapter and only after review and approval of the Planning Board, where required, and
issuance of a sign permit, where required, by the Zoning Enforcement Officer or any duly
appointed deputy officer. The Planning Board, within 30 days of its receipt of an application
for a sign permit, shall consider the application and shall approve, approve with modifications,
or deny the application and notify the Zoning Enforcement Officer or any duly appointed
deputy officer of its decision on this matter. If the sign permit is approved, the Zoning
Enforcement Officer or any duly appointed deputy officer shall issue a sign permit.
5. Permit Procedures.
Any person desiring to procure a permit for a sign shall file with the Zoning and Planning
Office an application form, copies of which are available from said Office, accompanied by an
application fee, payable to the Town of Rhinebeck, in accordance with the current fee schedule.
The application shall contain:
a. Name, address, and telephone number of applicant and property owner.
b. Location of the building, structure or land upon which the sign now exists or is to be
erected and the location on the property where the sign is to be erected.
c. For permanent signs, a scaled drawing of the sign showing:
i. Type of sign, shape, size, and materials.
ii. Graphic design or style, including pictorial matter, logos, letters, materials and colors.
iii. The method of illumination, if any, including type of lamp and wattage, the position of
lighting or other extraneous devices as required by Article V, Section V of the Zoning
Law.
iv. Landscaping, if required, including types of vegetation, location of plantings, and
planting and maintenance schedule.
d. If a new permanent sign is to be erected, or an existing permanent sign is to be altered in
size or elevation, a plan, drawn to scale, shall be submitted showing the following:
i. If a freestanding sign, a full description of the placement of the proposed sign,
specifying its location on the premises, its orientation, and its position in
relation to adjacent buildings, structures, roads, driveways, property lines, other
signs, lighting fixtures, walls, and fences.
ii. If an awning, window, wall, or projecting sign, a full description of the
placement of the proposed sign, which shall include: location on the awning,
window, wall or building; the size of the awning, total window area of the
principal façade of the building, projection from the building, if relevant; and
the proposed sign’s position in relation to adjacent signs and lighting fixtures.
e. For all signs, if the applicant is not the owner of the property on which the sign is to be
located, either written permission from the property owner to place the sign on the
property or a copy of a contract or lease showing that the applicants has care, custody and
control of the property on which the sign is to be located. In any case, all off-premise signs
are prohibited.
6. Exempt Signs.
The following types of signs are exempt from the permit requirements of this chapter, including
fees, provided that they comply with the general sign standards in Article V Section C(9) and
with all other requirements of this Chapter. Unless otherwise limited below, such exempt sign
shall not exceed six (6) feet in height and shall not exceed four (4) square feet in sign area per
side.
a. Memorial signs or tablets denoting names of buildings and dates of erection when cut into
any masonry surface or when constructed of bronze, stone or other non-combustible
materials and fixed to a building; emblems installed by governmental agencies, religious or
nonprofit organizations, not exceeding two (2) square feet in size.
b. Non-illuminated secondary window signs communicating accessory information such as
hours of operation, “in” or “out” signs and totaling no more than one (1) square foot in
size.
c. Temporary non-illuminated window signs when such signs, measured together with all
permitted window coverage, bring the total window coverage to no more than ten percent
(10 %) of the window surface area.
d. Non-illuminated real estate signs used for the purpose of selling, renting or leasing land or
buildings for which Subdivision approval is not required, and displayed only on the
premises for sale or lease, provided such sign is located on the front wall of a building or, if
freestanding, does not exceed three (3) feet in height and is located not nearer than fifteen
(15) feet to the edge of pavement or side lot line. All such signs shall not exceed three (3)
square feet in sign area per side, shall be limited to one (1) per premise, and shall be
removed immediately upon sale, rental or lease of the premises.
e. Any public notice or warning required by a valid and applicable federal, state, or Zoning
Law or regulation such as traffic and similar signs installed in accordance with the Manual
of Uniform Traffic Control Devices (MUTCD) or other State standards, legal notices, and
on-premise signs which are solely devoted to prohibiting trespassing, hunting or fishing.
f. Political, educational, charitable, philanthropic, civic, religious signs or banners. Such sign
shall not exceed three (3) square feet in sign area per side.
g. The sign, poster, flag, pennant or insignia of any government or governmental agency.
h. Signs indicating the sale price per gallon and octane rating of petroleum products displayed
on fuel dispensing devices as required by New York State Department of Agriculture and
Markets, Division of Bureau of Weights and Measures, 1 NYCRR Part 224.
i. 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 flags, “life-
like” plastic or inflatable toys or decorations, or similar moving or fluttering 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 or
driveway opening onto a street, or extend into the public right-of-way.
8. Temporary Signs.
All signs of a temporary nature, such as banners, portable signs, promotional signs and other
signs of similar nature, may be granted a temporary sign permit for a period not exceeding
thirty (30) days, except those specified under the Article V Section C(6), Exempt Signs.
Planning Board approval is not required and the Zoning Enforcement Officer or any duly
appointed deputy officer shall issue or deny a sign permit within a reasonable period of time.
Both the permit and the sign shall note the date of the first day the sign may be displayed and
the date it must be removed. Upon issuance of a sign permit, a security deposit, payable to the
Town of Rhinebeck, in accordance with the current fee schedule, shall be deposited with the
Zoning Enforcement Officer or any duly appointed deputy officer to insure removal of the
sign(s) upon expiration of the permit period. If any temporary sign is not removed by the
expiration of the time limit noted on the application, the Zoning Enforcement Officer or any
duly appointed deputy Officer, after seven (7) days written notice to the permit holder to
remove such sign(s) (computed from the date of mailing), and after failure of the permit holder
to do so, will cause said sign(s) to be removed, and the cash deposit will be applied to help
defray the reasonable and necessary cost of removal. Except as provided in this section, all
temporary signs must meet the requirements of this section and chapter.
Businesses that use temporary signs are not to exceed a maximum of four (4) events with a
combined total of 40 days per year. The sign shall be placed no closer to the road than existing
signs and shall not exceed height limitations or be illuminated. The maximum size allowable is
twelve (12) square feet. Trailer or wheel-mounted signs are prohibited.
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.
ii. When two (2) or more wholly independent businesses or activities are located on a
single lot in a non-residential District, one (1) directory sign not to exceed sixteen (16)
square feet may also be allowed, except that if the number of independent businesses
or activities exceed four (4), the maximum square footage of the complex sign may be
increased to twenty-four (24) square feet. Within the business complex, a single identity
wall sign not exceeding six (6) square feet may be provided on the principal façade of
the establishment, with such signs, however, being considered a portion of the
maximum total signage of thirty (30) square feet per lot, as cited above and exclusive of
the complex sign.
iii. One (1) sign at each point of access to the lot and for internal direction, shall be
permitted provided that the individual signs are no more than two (2) square feet on
each of two (2) sides and are for the purpose of directing internal traffic movements.
Permits will be granted only if the applicant can clearly demonstrate necessity to the
Planning Board based on motorist safety and that any such directional sign will be set
back at least five (5) feet from the edge of pavement.
iv. Where a sign on the principal façade of the establishment cannot be seen from a
public highway, the Planning Board may, applying the standards in Article V, Section
C(9), approve an additional sign of one of the types listed in subsection (b)(i), above,
which is visible to a public highway.
c. Freestanding signs.
Freestanding signs shall not exceed six (6) feet in height, nor be located closer than twenty
(20) feet to any property line.
clearance of eight (8) feet from any sidewalk or other pedestrian way. The sign shall be
set back a minimum of fifteen (15) feet from the edge of pavement.
b. If the center contains a movie theatre, the movie theatre shall be permitted one marquee
sign per building with a vertical clearance of nine (9) feet from the sidewalk or private drive
or parking area, set back 15 feet from a public street.
c. One (1) sign at each point of access to the lot, for internal direction shall be permitted
provided that the individual signs are no more than two (2) square feet on each of two (2)
sides and are limited to generic text such as “entrance,” “exit,” “office,” and “parking.”
Permits will be granted only if the applicant can clearly demonstrate necessity to the
Planning Board based on motorist safety and that any such directional sign will be set back
at least five (5) feet from any edge of pavement or property line. Internal safety signs and
mandatory government regulation signs may be permitted. These signs shall be no more
than four (4) square feet in surface area and are in addition to the above regulations. These
signs shall be approved by the Planning Board at the time of Site Plan approval. In the
event such signs are proposed on lands under ownership other than the applicant, written
proof shall be furnished to the Planning Board demonstrating that the applicant has the
consent of the owner.
d. The owner of the center remains responsible for sign maintenance and compliance.
e. Signs for lawful residential uses shall comply with the requirements of Article V Section
C(10), Signs Within Residential Districts.
f. Directional Signs. Businesses and public destinations relating to, but isolated from,
primary routes of travel (Routes 9, 9G and 308) shall be permitted a maximum of two (2)
directional signs as a Special Permit Use subject to the provisions of Article VI of this
Zoning Law, the issuance of a sign permit and the following additional requirements:
i. In locations with more than one directional sign, all such signs shall be affixed to a
common standard and be graphically coordinated and arranged so as to present a neat
and orderly appearance. Any such sign standard shall be designed to accommodate the
later addition of further directional signs.
ii. No directional sign shall be more than three (3) square feet in area. In areas with more
than one directional sign, the aggregate area of all such signs shall not exceed twelve
(12) square feet.
iii. In the event such signs are proposed on lands under ownership other than the
applicant, written proof shall be furnished to the Planning Board demonstrating that
the applicant has the consent of the owner.
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. Sign lettering is
measured by
iii. The Planning Board may require that landscaping be calculating this
used at the base of a freestanding sign if such shaded area
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.
last known address of record, by certified mail, return receipt requested, of an opportunity
to be heard and object before the Town Board to the proposed real property assessment, at
a date to be designated in the notice, which shall be no less than 30 days after its mailing.
b. Unsafe Signs. The Zoning Administrator or any duly appointed deputy administrator may
cause any sign, that is unsafe or insecure or is a source of immediate peril to persons or
property, to be removed immediately and without notice.
19. Maintenance.
All signs and components thereof shall be kept in good repair and in safe, neat, clean and
attractive condition.
20. Severability.
If any clause, sentence, paragraph, section or part of this chapter shall be adjudged by any court
of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the
remaining portions hereof, but shall be confined to the clause, sentence, paragraph, section or
part thereof directly involved in the controversy in which such judgment shall have been
rendered.
21. Definitions. There are terms used in this Section of the Zoning Law that are applicable
principally if not exclusively within this Section alone. The terms used in this Section or in
documents prepared or reviewed under this Section of the Zoning Law shall have the meaning
as set forth in Article XIII, Section G.
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.
1. Within one hundred (100) feet of the mean high watermark (normal streambank) of any DEC-
classified stream within the Town of Rhinebeck;
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;
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.
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 floor area of the dwelling and
accessory structure used in the home occupation.
4. Except for articles produced on the premises and other articles customarily associated with the
product made or the service provided on the premises, no stock in trade shall be displayed or
sold on the premises nor shall any item be available for rental.
5. No alteration to the exterior of the principal residential building or customary accessory
building used for the home occupation activity shall be made which changes the character
thereof as a residential premises except that a single sign, not exceeding two (2) square feet in
area, shall be permitted. Any new construction undertaken to accommodate the home
occupation activity shall also be wholly consistent with the character of a residential premises.
6. No outdoor display of goods or outdoor storage of equipment or materials used in the home
occupation shall be permitted in the front yard of the premises.
7. Not more than one (1) person other than members of the household occupying such dwelling
shall be employed on the residential premises in the conduct of the home occupation.
8. There shall be permitted no sharing, letting or subletting of space, for use by others in the
conduct of their profession, trade or business.
9. Sufficient off-street parking shall be provided as required within Article V Section B of this
Zoning Law. Any use requiring, in accordance with said Article V Section B, more than three
(3) off-street parking spaces shall be deemed a Class 2 home occupation requiring issuance of a
Special Use Permit under Article VI of this Zoning Law.
10. A separate zoning permit shall be required for the home occupation activity, with the home
occupation use not deemed to be authorized by the issuance of a Certificate of Occupancy for
the residential use occurring on the premises.
11. If a use is prohibited, under the District Schedule of Use Regulations found in Article III, it
shall additionally be prohibited as a home occupation.
12. Because of parking requirements and the potential for noise, odors, traffic congestion, and
other issues of land use compatibility, the following uses are specifically prohibited from
consideration as permitted (Class 1) or Special Permit (Class 2) home occupations under this
Zoning Law:
a. Ambulance, taxi, limousine or similar service with more than one such vehicle used in the
service.
I. Conservation Subdivisions
1. Intent.
The Town of Rhinebeck finds that conservation subdivisions are a principal means of
maintaining rural character and environmental quality through preservation of large tracts of
open space land. Conservation Subdivision is a more flexible approach to land development
than conventional Subdivision. It is intended as an alternative to conventional subdivision’s
rigid and sprawling pattern of suburban development that occurs when lots and dwelling units
are laid out in a uniform pattern over the landscape, generally with little regard for valued
natural, cultural and scenic resources.
2. Purposes.
In conformance with the Town’s Comprehensive Plan, the purposes of conservation
Subdivision are as follows:
a. To conserve important open lands, including those areas containing unique and sensitive
natural features such as steep slopes, floodplains, stream corridors, and wetlands by
permanently setting them aside from development;
b. To protect areas of the Town with productive agricultural soils for continued or future
agricultural use, by conserving blocks of land large enough to allow for efficient farm
operations;
c. To provide multiple options for landowners to minimize impacts on environmental
resources and natural or cultural features such as mature woodlands, hedgerows and tree
lines, significant wildlife habitats, historic buildings and sites, and fieldstone walls;
d. To provide greater economy, efficiency and convenience in the siting of new development
and infrastructure, including the opportunity to reduce regrading of the land, road lengths,
utility runs, and the amount of paving required;
e. To implement policies to conserve a variety of irreplaceable and environmentally sensitive
resource lands as set forth in the Town’s Comprehensive Plan, including provisions to
create a greenway trail system and other areas for active or passive recreational use for the
benefit of present and future residents;
f. To create neighborhoods with direct visual access to open land, with amenities in the form
of neighborhood open space, with a strong neighborhood identity;
g. To provide for a balanced range of lot sizes, building densities, and housing choices to
accommodate a variety of age and income groups and residential preferences, so that
Rhinebeck’s population diversity may be maintained;
h. To provide a reasonable setback for new development adjacent to lands in active farming or
forestry use due to potential incompatibility with such uses;
i. 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).
4. Authorization.
a. Conservation subdivisions are authorized under § 278 of New York State Town Law and
this Zoning Law. Density is determined based upon the density requirements of Article IV
Section C and Article V, Section I(6) herein. Authorization is hereby granted to the
Planning Board to modify lot size, lot width, depth, yard, access and other requirements of
the Zoning Law, Subdivision Regulations and Highway Specifications (in consultation with
the Superintendent of Highways), subject to the purposes, standards and procedures
contained herein, so as to create conservation subdivisions. A Conservation Subdivision
may be approved and is considered a permitted use in all applicable Zoning districts. A
Conventional Subdivision requires the issuance of a Special Use Permit, in accordance
with Article VI, Section D(28) of the Zoning Law in the HP20, RA10, RC6, RL5, Rc-HE
and in the business Zoning districts, as indicated on the District Schedule of Use
Regulations.
b. A pre-application conference for application information must be scheduled with the
Planning Board. At this time, applicants are also encouraged to meet simultaneously with
a land trust to discuss design concepts and the donation of conservation easements. The
applicant shall make a deposit, in accordance with the Town’s Fee Schedule, sufficient to
cover the pre-application expenses required for review by the Town’s professional engineer,
professional planner and attorney.
c. The Planning Board may deny a Special Use Permit for a Conventional Subdivision and
require a Conservation Subdivision, where it finds any one (1) of the following elements
present, as determined through review of an Existing Resources Map and Site Analysis Plan
as described herein, justifying conservation of natural, cultural or historic resources, open
space, scenic features, or preservation of neighborhood character:
i. Slopes: slopes of fifteen (15) percent or greater on twenty-five (25) percent or more of
the property, or
ii. Water resources: wetlands, wetland buffers, municipal water supply watershed areas,
New York State Protected Streams and aquifer and aquifer recharge areas, stream
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.
6. Density.
The maximum permitted number of lots or dwelling units within a Conservation Subdivision
shall not exceed the number of units that, in the Planning Board’s judgment, would be
permitted if the land were subdivided into conventional lots fully conforming to the minimum
lot size and density requirements of this chapter applicable to the district or districts in which
such land is situated and conforming to all other requirements of the Town of Rhinebeck
Code. The Planning Board remains responsible for the determination of whether a
Conservation Subdivision is appropriate for the land. To determine density, the applicant shall
submit a “Yield Subdivision Plan,” designed so that no variances or waivers from any provision
of the Town of Rhinebeck Code shall be necessary and meeting the following requirements:
a. Yield subdivision plans shall be prepared as a conceptual sketch plan in accordance with
the minimum lot sizes and other development standards for the Zoning district(s) from the
District Schedule of Area and Bulk Regulations and other requirements of Article IV of the
Zoning Law. The lots shown on a yield subdivision plan shall be the maximum number of
lots permissible in a Conservation Subdivision. The Planning Board shall reach a
consensus on the maximum number of lots permissible in the Conventional Subdivision
layout prior to initiation of the four step Conservation Subdivision design process.
b. Yield subdivision plans shall show conventional lots, streets, rights-of-way, and other
pertinent features specified by the Subdivision Regulations.
c. Yield subdivision plans shall be realistic and must not show potential house sites or streets
in areas that would not ordinarily be legally permitted in a Conventional Subdivision. If
appropriate, the Planning Board may require the applicant to provide an analysis of
potential compatibility or incompatibility of the yield plan with the “Standards for Issuance
of Permits and Letters of Permission” found in 6 NYCRR 663.5 when sites involve
freshwater wetlands or other significant natural resources for which discretionary permits
would be required. Any lands which are subject to flooding, comprised of wetlands and a
100 foot upland buffer area, ponds, streams and/or slopes in excess of twenty-five percent
(25%) shall not be considered suitable for building development for purposes of this
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.
The purpose of the Sketch Plan is to facilitate an expedient review of proposed new
subdivisions in conformance with the Town Zoning Law, Subdivision Regulations and
Comprehensive Plan. Sketch Plan submission is a way to help applicants and Planning
Board members develop a better understanding of the property and to help establish an
overall design approach that respects its special or noteworthy features, while providing for
the density permitted under the Zoning Law. To provide a full understanding of the site's
potential and to facilitate the most effective exchange with the Planning Board, the Sketch
Plan shall include the information listed below. Many of these items can be taken from the
Existing Resources and Site Analysis Plan, a document that must in any case be prepared
and submitted no later than the date of the Site Inspection, which precedes the
Preliminary Plan.
i. The information required by Article VII, Section B of the Subdivision Regulations;
ii. 100 year floodplain limits, and approximate location of wetlands and wetland buffers,
if any;
iii. Topographical and physical features, including existing structures, wooded areas,
hedgerows, and other significant vegetation, steep slopes (over 15 % and over 25 %
identified separately), stonewalls, historic structures, archaeological sites, soil types
(prime, statewide significant and hydric soils identified as such), ponds, streams within
two hundred (200) feet of the tract, and existing rights-of-way and easements;
iv. Schematic layout indicating a general concept for land conservation and development
("bubble" format is acceptable for this delineation of conservation areas);
v. In the case of land development plans, proposed general layout, including building
locations, parking lots, and open spaces;
vi. Site Context Map. A map showing the location of the proposed Subdivision within its
neighborhood context shall be submitted. For all sites, such maps shall be at a scale
not less than 1"= 1000', and shall show the relationship of the subject property to
natural and manmade features existing within 2,000 feet of the site. The features that
shall be shown on Site Context Maps include topography and streams (from USGS
maps), State and/or Federal wetlands, woodlands over one-half acre in area (from aerial
photographs), ridgelines, public roads and trails, utility easements and rights of way,
public land, land protected under conservation easements, and land included as open
space in a Conservation Subdivision;
vii. Step 1 of the Four Step Design Process for Conservation Subdivisions outlined in
Article V Section I(7)(c)(i) below.
b. Preliminary Plan Documents. A preliminary Conservation Subdivision plan shall consist
of and be prepared in accordance with the following requirements, which are designed to
supplement and, where appropriate, replace the requirements of the Subdivision
Regulations:
i. Preliminary Plan. The submission requirements for a Preliminary Plan include the
requirements for Sketch Plans listed in Article V, Section I(7)(a) above and;
ii. The submission requirements of Articles VII and VIII of the Subdivision Regulations,
and;
iii. Existing Resources and Site Analysis Plan. For all conservation subdivisions, an
Existing Resources and Site Analysis Plan shall be prepared by the applicant to provide
the developer and the Planning Board with a comprehensive analysis of existing
conditions, both on the proposed development site and within 500 feet of the site.
The Existing Resources and Site Analysis Plan becomes the basis for the four-step
design process. Conditions beyond the parcel boundaries may be described on the
basis of existing published data available from governmental agencies and from aerial
photographs.
The Planning Board shall review the Plan to assess its accuracy and thoroughness.
Unless otherwise specified by the Planning Board, such plans shall be prepared at the
scale of 1"=100' or 1"=200', whichever would fit best on a single standard size sheet not
exceeding 36” by 42”. The following information shall be included in this Plan:
(a) Topography, the contour lines of which should be at two foot intervals, determined
by photogrammetry (although 10 foot intervals are permissible beyond the parcel
boundaries, interpolated from published USGS maps). The determination of
appropriate contour intervals shall be made by the Planning Board, which may
specify greater or lesser intervals on exceptionally steep or flat sites. Slopes between
15 and 25 percent and exceeding 25 percent shall be clearly indicated. Topography
shall be prepared by a professional land surveyor or professional engineer from an
actual field survey of the site or from stereoscopic aerial photography and shall be
coordinated with official USGS benchmarks.
(b) The location and delineation of ponds, streams, and natural drainage swales as
well as the 100 year floodplains and wetlands, as defined by the Town of
Rhinebeck, State of New York and the US Army Corps of Engineers.
(c) Vegetative cover conditions on the property according to general cover type
including cultivated land, permanent grass land, old field, hedgerow, woodland
and wetland, isolated trees with a caliper in excess of six (6) inches or trees of
significance by virtue of its species, stands of unique trees, and the actual canopy
line of existing trees and woodlands. Vegetative types shall be described by plant
community, relative age, condition, and value for biodiversity as established by the
Town of Rhinebeck Biodiversity Assessment mapping and Habitat Management
Guidelines.
(d) Soil series, types and phases, as mapped by the U.S. Department of Agriculture,
Natural Resources Conservation Service in the Dutchess County Soil Survey, and
accompanying data published for each soil relating to its suitability for
construction and for septic suitability.
(e) Ridge lines and watershed boundaries shall be identified.
(f) A viewshed analysis showing the location and extent of views into the property
from public roads and from public parks, public forests, Hudson River views and
designated scenic roads.
(g) Geologic formations on the proposed development parcel including rock outcrops,
based on available published information and/or field survey obtained by the
applicant.
(h) The location and dimensions of all existing streets, roads, buildings, utilities and
other manmade improvements.
(i) Locations of all historically significant sites or structures on the parcel and on any
abutting parcel whether identified in the Town of Rhinebeck Comprehensive Plan
or listed on the National Register of Historic Places.
(j) Locations of existing and proposed trails that have been in public use (pedestrian,
equestrian, bicycle, etc.) or proposed in the Town of Rhinebeck Comprehensive
Plan, Open Space Plan or by Dutchess County, the State of New York or the
Hudson River Valley Greenway.
(k) All easements and other encumbrances of property which are or have been filed of
record with the Dutchess County Clerk’s Office shall be shown on the plan.
(l) The boundary lines and district identification of the Hudson River National
Historic Landmark District, the Waterfront Revitalization Area, the Mid-Hudson
Historic Shorelands Scenic District, and the Estates District Scenic District of
Statewide Significance, all of which are available for viewing at the Town Clerk’s
office.
c. Four-Step Design Process for Conservation Subdivisions. All sketch plans shall include
Step 1 of the four-step design process. All preliminary plans shall include documentation
of the four-step design process in determining the layout of proposed open space lands,
house sites, streets and lot lines, as described below:
i. Step 1: Delineation of Open Space Lands. Proposed open space lands shall be
derived from the Existing Resources and Site Analysis Plan as a base map and
complying with Article V Section I(7)(b)(iii) and the Subdivision Regulations, dealing
with Resource Conservation and Greenway Delineation Standards. The Town’s
Comprehensive Plan, Open Space Plan, and Significant Habitat mapping shall also be
utilized. Primary Conservation Areas shall be delineated comprising floodplains,
wetlands and their buffers, significant habitat and biodiversity conservation areas,
slopes over 25 percent and other features as shown on Figure 1a. Secondary
Conservation Areas shall be delineated comprising the resources shown on Figure 1b
or such other natural and cultural features that have been identified on the property.
The applicant shall prioritize natural and cultural resources on the tract in terms of
their highest to least suitability for inclusion in the proposed open space, in
consultation with the Planning Board and Conservation Advisory Council, after a site
inspection, to create a prioritized list of resources to be conserved. On the basis of
those priorities and practical considerations given to the tract's configuration, its
context in relation to resource areas on adjoining and neighboring properties, and the
applicant's development objectives, Secondary Conservation Areas shall be delineated
(see Figure 1b) to meet at least the minimum area percentage requirements for open
space lands and in a manner clearly indicating their boundaries as well as the types of
resources included within them. Calculations shall be provided indicating the
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.
iii. Step 3: Alignment of Streets and Trails. Upon designating the house sites, a street
and trail plan shall be designed to provide vehicular access to each house and
pedestrian access to the open space (if appropriate), complying with the standards
identified herein and bearing a logical relationship to topographic conditions. Impacts
of the street plan on proposed open space lands shall be minimized, particularly with
respect to crossing environmentally sensitive areas, such as wetlands and traversing
slopes exceeding 15%. Except in cases involving proposed private roads or shared
driveways, existing and future street and trail connections are encouraged to eliminate
the number of new cul-de-sacs to be maintained by the Town, to facilitate access to and
from homes in different parts of the tract and adjoining parcels and, if possible, to
assist in the creation of a non-motorized trails system in the Town. Cul-de-sacs are
appropriate when they support greater open space conservation or provide extensive
pedestrian linkages.
iv. Step 4: Drawing In the Lot Lines. Upon completion of the preceding three steps, lot
lines are drawn, as required, to delineate the boundaries of individual residential lots
and the open space.
v. Note on the Four Step Site Design Process for hamlets and adjoining the Village.
The design process for developing conservation subdivisions in or adjacent to hamlets
and the Village shall be a variation on the four step process for conservation
subdivisions, as described herein. In hamlets and near the Village, where traditional
streetscape and "terminal vistas" are of greater importance, Steps Two and Three may
be reversed, so that streets and squares are located during the second step, and house
sites are located immediately thereafter. The first step is to identify open space lands,
including both Primary and Secondary Conservation Areas.
8. Dimensional standards.
Except as specified herein, all dimensional standards normally applicable to other subdivisions
and uses shall also be applicable to Conservation Subdivision.
a. Minimum required open space: In all Zoning districts, a Conservation Subdivision shall
preserve, in perpetuity, open space land in accordance with the minimum requirements of
the following table. Parking areas and roads shall not be included in the calculation of the
minimum required open space. Except for open space lands that are to be used for
agricultural purposes, at least 25 percent of the minimum required open space shall consist
of lands suitable for use as a passive recreation area.
Minimum Required
Zoning District Open Space
HP20 80%
RA10 80%
RC6 65%
RL5 60%
RM1 40%
Other Residential Districts 20%
ORP 50%
BP 40%
Other Non-residential
20%
Districts
Supplementary Regulations
protected by identifying and delineating building envelopes and home sites on the
proposed Subdivision plan.
b. Open space lands shall be laid out in general accordance with the Town’s Comprehensive
Plan and Open Space Plan to protect large blocks of open space and to protect biodiversity
and other environmental resources as set forth in the Comprehensive Plan.
c. A recreational fee in lieu of land, as set forth in the Town’s fee schedule, may be imposed
to accommodate the foreseeable recreational needs of the proposed subdivision’s residents.
Such fee shall be imposed only after the Planning Board has made a finding that a proper
case exists for requiring that a park or recreational facilities are needed by the subdivision’s
residents for recreational purposes. The Planning Board, in making such findings, shall
evaluate present and anticipated future needs for park and recreational facilities, based
upon the cumulative demands of all recently approved and pending Subdivision
applications on Town recreational facilities and the resulting need to expand recreational
facilities in the near future as a result of the proposed Subdivision and other subdivisions
and may rely on the projections and other analysis of need in the Recreational Needs
Assessment For The Rhinebeck Community dated September 12, 2006, as updated from time to
time.
d. Active agricultural land with farm buildings may be used to meet the minimum required
open space land. Access to open space land used for agriculture may be appropriately
restricted for public safety and to prevent interference with agricultural operations on 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.
Zoning District
Setback
HP20 RA10 RC6 R5A Others
From all external road 200 ft. 200 ft. 150 ft. 100 ft. 100 ft.
ultimate right-of-ways
From all other parcel
boundaries 100 ft. 100 ft. 50 ft. 50 ft. 50 ft.
c. Views of house lots from exterior roads and abutting properties shall be minimized by the
use of changes in topography, existing vegetation, or additional landscaping which meets
the landscaping requirements of the Zoning Law and Subdivision Regulations.
d. House lots should generally be accessed from interior roads or common driveways, rather
than from roads bordering the tract. New intersections with existing public roads shall be
minimized. Two access ways into and out of subdivisions, where the average daily traffic
(ADT) will exceed 200 trips, is required for safety; however, proposals for more than two
entrances onto public roads are discouraged if they would unnecessarily disrupt traffic flow
or unduly impact the environment. Consultation with emergency services providers
should be initiated for all subdivisions that would cause exceedance of the 200 trips per day
threshold.
e. At least three-quarters of the lots should directly abut or face conserved open space.
f. For Conservation Subdivision of lands with agricultural or forestry activities or with the
potential for such activities, including lands within Dutchess County Agricultural District #
20, lands within 500 feet of Dutchess County Agricultural District # 20, and/or lands
subject to § 480-a of the New York State Real Property Tax Law or within 500 feet of a
parcel subject to § 480-a of the New York State Real Property Tax Law, house lots shall be
designed in accordance with the following guidelines:
i. All surficial soils classified as prime farmland soils (class 1 to 3) shall be avoided by
Subdivision development. Soils of statewide significance (class 4 to 6) should be
avoided by Subdivision development to the greatest extent practical. Other existing
features, whose preservation would benefit the Town and the Subdivision, should be
avoided through sensitive design of the Conservation Subdivision. Such features
include but are not limited to:
(a) Groves of mature trees and large individual trees
(b) Hedgerows and woodlands along roadways, property lines, and streams
(c) Scenic vistas
(d) Water features such as streams, ponds, floodplains, lakes and wetlands
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.
excluding motorized off-road vehicles, rifle ranges, and other uses similar in character
and potential impact as determined by the Planning Board.
vi. Water supply and sewage disposal systems, and stormwater detention areas designed,
landscaped, and available for use as an integral part of the open space area.
vii. Easements for drainage, sewer or water lines, or other public purposes.
viii. Underground utility rights-of-way. Above ground utility and street rights-of-way may
traverse conservation areas but shall not count toward the minimum required open
space land.
c. The open space is clearly delineated by the use of stone cairns along the borders of the
open space and at the corners of the open space as an aid in the field identification of the
protected areas.
iv. The association shall be responsible for liability insurance, local taxes and maintenance
of open space land, recreational facilities and other commonly held facilities.
v. The by-laws shall confer legal authority on the association to place a lien on the real
property of any member who falls delinquent in his or her dues. Such dues shall be
paid with the accrued interest before the lien may be lifted.
vi. Written notice of any proposed transfer of common facilities by the association or the
assumption of maintenance for common facilities must be given to all members of the
association and to the Town no less than thirty days prior to such event.
vii. The applicant shall demonstrate that the association will have adequate resources to
administer, maintain, and operate such common facilities.
viii. The common open space land shall be protected by conservation easement from future
Subdivision and development.
ix. The Planning Board remains responsible for assuring that proper provision has been
made for ownership and maintenance of the open space land.
x. Ownership shall be structured in such a manner that real property taxing authorities
may satisfy property tax claims against the open space lands by proceeding against all
individual owners in the homeowners’ association and the dwelling units they each
own.
xi. Ongoing maintenance standards shall be established, enforceable by the Town against
an owner of open space land as a condition of Subdivision approval, to assure that the
open space land does not detract from the character of the neighborhood.
xii. The applicant shall make a conditional offer of dedication to the Town, binding upon
the homeowners’ association, for all open space conveyed to the homeowners’
association. Such offer may be accepted by the Town, at the discretion of the Town
Board, upon the following:
(a) Failure of the homeowners’ association to take title to the open space from the
applicant or other current owner;
(b) Upon dissolution of the homeowners association at any future time;
(c) Upon failure of the homeowners’ association to fulfill its maintenance obligations
hereunder;
(d) Upon failure of the homeowners’ association to pay its real property taxes.
xiii.The Town Attorney shall find that the HOA documents presented satisfy the
conditions in Subsections (b)(i) through (xii) above and such other reasonable
conditions as the Planning Board shall deem necessary.
c. Non-common private ownership. The required open space land may be included within
one or more large “conservancy lots” provided the open space is permanently restricted
from future development by a conservation easement as required by Article V, Section I(12)
(a) to (c). This option may be preferable for open space land that is intended for
agricultural, horticultural, or silvicultural use.
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.
1. Any covenant, restriction, or condition contained in any deed, contract, security agreement, or
other instrument affecting the transfer or sale of, or any interest in, real property that effectively
prohibits or unreasonably restricts the installation or use of a solar and/or wind energy system
is void and unenforceable.
2. For the purposes of this section, a covenant, restriction or condition effectively prohibits or
unreasonably restricts the installation or use of a solar and/or wind energy system, if it
significantly increases the cost of a solar and/or wind energy system, or significantly decreases
the efficiency or expected performance of such energy system.
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 support
structures valued over $4,000.
b. Building or structure alterations and additions. In general, alterations and additions to
existing buildings for solar and wind energy systems must conform to lot coverage, height
and setback (yard) requirements as described in the District Schedule of Area and Bulk
Regulations. Solar collectors and wind generators are permitted outright as an accessory
use. This means the collectors are incidental to and support the principal use of the lot,
such as a home or business. Solar collectors include any device used to collect direct
sunlight for use in the heating or cooling of a structure, domestic hot water, or swimming
pool, or the generation of electricity. This may include the use of solar greenhouses. Wind
generators are also referred to as wind turbines, wind power units (WPU) or wind energy
converters (WEC).
c. Nonconforming Residential Uses. A solar collector or wind generator may be added to the
existing principal building on a nonconforming residential lot without forcing the entire
building to be brought up to current Zoning standards.
d. Lot Coverage Requirements. Solar collectors do not count as lot coverage if minimum
standards are met, including but not limited to height and setback requirements.
e. Height Requirements. In Residential Zoning districts, solar collectors and wind generators
may be mounted to extend up to four (4) feet above the Zoning district’s height limit, or
extend up to four (4) feet above the ridge of a pitched roof. Also, the total height from
existing grade to the top of the solar collectors or wind generator may not extend more
than nine (9) feet above the Zoning district’s height limit.
f. Scenic District and Scenic Roads. Applications for solar collectors and wind generators
within the Mid-Hudson Historic Shorelands Scenic District, a Scenic Area of Statewide
Significance or on a designated Scenic Road require Site Plan approval from the Planning
Board, limited to a review of the visual impacts of such collector(s) and/or generator(s).
The Planning Board may require an applicant for a solar collector or wind generator to
submit a Viewshed Analysis meeting the procedures identified within the New York State
Department of Environmental Conservation’s SEQR publication entitled Assessing and
Mitigating Visual Impacts.
g. Additional Height Flexibility for Solar Collectors in the Mixed-use and Nonresidential
Zones. Applicable Zoning Districts include the TND, BP, Cr-B, CB-N, CB-S, CB-E, Gw-N,
Gw-E, Gw-S, GB, and ORP. Because many rooftops in the mixed use and nonresidential
Zoning districts include a variety of mechanical and architectural features, solar collectors
are treated just like those features. Solar collectors may extend up to 15 feet above the
maximum height limit, so long as the combined total coverage of the rooftop features do
not exceed 25 percent of the roof area when typical features (such as elevator penthouses)
are present. If rooftop features exceed the 25 percent roof coverage, solar collectors may
only extend seven (7) feet above maximum height limits (except in the TND zone).
h. Protecting Solar Access of Property to the North. In all Zoning districts except the TND,
Rc-B, and ORP districts, a solar collector exceeding the Zoning district height limit must be
placed so that it does not shade the property to the north on January 21 at noon any more
than a structure built to the maximum permitted bulk for that zone. For assistance in
determining solar exposure, please see the Sun Chart brochure available from the Town
Clerk. In the TND, Rc-B and ORP Zoning districts, the applicant shall either locate a solar
collector at least 10 feet from the north edge of the roof, or provide shadow diagrams to
demonstrate the lack of additional shading on January 21 as described above.
i. Setback (Yard) Requirements. Solar collectors may be located in yards according to the
following conditions:
i. In a side yard, up to 10 feet from the side property line.
ii. In a rear yard, up to 15 feet from the rear property line. When there is a dedicated
alley the solar collector may be located up to 15 feet from the centerline of the alley.
iii. Solar collectors are not permitted in a front yard, except for “solar greenhouses” that
are integrated into the principal structure.
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 nearest
neighboring residential structure. No fenced area for such fowl or livestock less than one acre
in size, except in the HP20 and RA10 districts should be closer than one hundred (100) feet to
an existing neighboring residential structure.
2. Manure Storage
The storage of manure or odor-producing substances should be located not less than one
hundred fifty (150) feet from any lot line, stream or other water body and shall not be less than
two hundred (200) feet from the nearest neighboring residential structure or well providing a
source of potable water.
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.
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.
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.
2. Water Resources Protection District Map. The WR-O District encompasses those areas
subject to the more specific regulations set forth below based upon the presence of the
captioned environmental resource. The WR-O District is shown on the Town of Rhinebeck
Water Resources Overlay Map. The WR-O District consists of floodplains, stream corridors,
lakes and ponds, freshwater wetlands and aquifers and aquifer recharge areas. The WR-O
District map illustrates the approximate delineation of the boundaries of water resources based
upon aerial photography and/or federal, state and county mapping. There is a margin of error
inherent in such mapping. Thus, a detailed on the ground and historical analysis of a single
site may result in the revision of the boundaries depicted on the Water Resources Overlay Map.
Since the location of water resources across the land change over time, due to the perpetual
erosion process, some adjustments in their boundaries are required from time to time.
A landowner that disagrees with the inclusion of land in the WR-O District can present expert
and credible evidence to the Town Board by a qualified professional based upon on-site
investigation and mapping. Where such evidence shows, to the Town Board's satisfaction, that
water resources on the property are not part of such floodplains, stream corridors, lakes and
ponds, freshwater wetlands and aquifers and aquifer recharge areas, the regulations of this
section shall not apply, provided an adjustment of the boundaries of the district shall be made
on the official Town Zoning Map. The Town Board is responsible for verification of such
evidence provided by a qualified professional and may rely upon the expert opinions of
qualified professional consultants and/or field personnel of the New York State Department of
Environmental Conservation, United States Army Corps of Engineers or other applicable
agency.
3. Stream corridors. The protection of stream corridors is essential to the maintenance of water
quality. It is therefore, deemed necessary for the Town of Rhinebeck to create an adequate
buffer to protect those stream corridors from development encroachment, erosion and water
quality degradation caused by either surface or subsurface runoff. As shown on the Water
Resources Overlay (WR-O) Map, the regulated stream corridor shall consist of all lands lying
within 100 feet of the normal streambank of the the Landsman Kill, the Rhinebeck Kill, the
Mudderkill, the Fallsburg, the Crum Elbow Creek and any other perennial or intermittent
watercourse or tributary to these named streams and within 1,000 feet of the Hudson River.
Where these streams are split into two (2) or more channels by islands, the overall regulated
area shall include such islands, and the boundaries of the regulated stream corridor shall be
measured from the mean high watermark of the outer channels.
The regulated stream corridor designation strictly limits activities within the designated area.
There shall be no construction, filling, excavation, clearing of mature trees six (6) inches in
diameter at breast height or greater, grading or other alteration of the natural landscape or
application of fertilizers, pesticides or herbicides without the prior issuance of a Special Use
Permit by the Planning Board.
The application for such Special Use Permit shall be made in accordance with the requirements
of Article V, Section F and Article VI of the Zoning Law. The Planning Board shall consult
with the Town Conservation Advisory Council (CAC), Waterfront Advisory Committee
(WAC) and other persons and agencies in review of the application and may issue the Special
Use Permit upon a specific finding that the following criteria are met:
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 flowing into the infiltration basin is of
sufficient quality that groundwater shall be protected.
ix. The stockpiling or dumping of snow which has been transported to the restricted area
is prohibited.
x. Manure piles shall not be permitted unless provision has been made to prevent seepage
into groundwater. Suitable storage facilities shall be required when it is not possible to
spread or dispense of wastes on a daily basis.
xi. Use of wastewater lagoons and pits for temporary storage of wastewater is prohibited.
All storage facilities shall be water tight, located above ground, and under permit by the
New York Department of Environmental Conservation.
xii. All bulk storage of fertilizers for agricultural or commercial use must be within a
building or structure which will prevent any seepage or runoff.
xiii. Pesticide and Herbicide Use. No pesticides or herbicides shall be stored or applied
except in compliance with this Section. All storage of pesticides and herbicides within
the WRP-O District shall be within a building. Application of pesticides and
herbicides within aquifer recharge areas or probable high yield bedrock wells, as
identified on the Water Resources Overlay Protection map, shall be subject to issuance
of a Special Use Permit as required by Article VI of this Zoning Law with the exception
of commercial agricultural uses, which are exempted from this requirement. All such
use, storage, or application shall be in accordance with the requirements of the New
York State Environmental Conservation Law and its implementing regulations.
xiv. Special risks are involved with underground storage tanks. These tanks are dangerous
because, if they leak, potential contaminants are closer to the underlying groundwater.
Underground storage tanks (particularly if they are single wall steel) may be susceptible
to corrosion and leaks from such tanks and their fittings and pipes may go unnoticed
for long periods because any leaks cannot be seen. Therefore, the installation,
construction, placement, or replacement of new or existing underground storage tanks
or containers of eleven hundred (1,100) gallons or less for petroleum products
including their pipelines, or underground storage tanks, pipelines, or containers for
any other toxic chemical is prohibited in connection with all uses including home fuel
storage tanks for residential purposes. All above ground storage tanks of eleven
hundred gallons (1,100) or less for petroleum products, pipelines, and transfer areas,
shall to the maximum extent possible, be designed to minimize the risk of groundwater
contamination by incorporating backup containment structures, impervious surfaces,
catchment areas, and other features. The Town reserves the right to prohibit
installation or expansion of above ground storage tanks of eleven hundred gallons
(1,100) or less for petroleum products or installation or expansion of above ground
storage tanks, pipelines, or containers for any other toxic chemical, where consistent
with the purpose and standards of this Section. This subsection is intended to be
consistent with the requirements of the New York State Petroleum Bulk Storage Code
found in 6 NYCRR 612, 613, and 614 which regulates storage tanks holding 1,100
gallons or more.
xv. The storage of salt is prohibited except in a completely enclosed building or structure,
which will prevent any seepage or runoff containing such materials.
xvi. All water supply wells shall be constructed in accordance with the requirements of the
Dutchess County Department of Health.
xvii.Any well that is abandoned, meaning that its use has been permanently discontinued
or which is in a state of disrepair such that it cannot be used for its intended purpose
or for observation purposes, shall be sealed in accordance with the requirements of the
Dutchess County Department of Health.
xviii.Closed loop geothermal wells shall use either non-contaminated water or a
biodegradable fluid (such as food grade propylene glycol) as a heat transfer medium.
Open loop geothermal wells shall be in compliance with the New York State DEC’s
requirements governing injection wells and/or the United States EPA’s Class V well
injection program requirements found in 40 CFR Part 146 – Underground Injection
Control Program: Criteria and standards.
b. All other uses and activities that are permitted in the applicable underlying zoning district
shall be permitted in the aquifer protection area, provided that a Special Use Permit is
issued by the Planning Board and the additional requirements set forth below are met:
i. Any proposal to install an underground storage tank for any commodity shall be
granted only in the event that above around installation is shown to be unreasonable,
not feasible due to circumstances unique to the site, and the applicant obtains a permit
from the Town Code Enforcement Officer, in addition to any other permit or
compliance that may be applicable under New York State DEC or National Fire
Protection Association requirements.
ii. All underground tanks shall be double-hulled steel or fiberglass encased in a concrete
vault that includes access for periodic visual inspection.
iii. Any application to, the issuance of a Special Use Permit or approval of a Site Plan for
any multifamily residential, institutional, or commercial use within the aquifer
protection area shall be accompanied by a detailed written statement fully describing
the proposed use and operation and including certification by the project sponsor that
none of the prohibited uses or activities set forth above will occur on the multifamily
residential, institutional, or commercial premises.
iv. The design and installation of on site sewage disposal systems for multifamily
residential, institutional, or commercial use within the aquifer protection area must be
certified by a licensed engineer that such disposal systems will not discharge sewage
effluent or other pollutants entering the disposal system into the aquifer.
c. Each application submitted to the Town for the establishment of a use or the development
of land and/or buildings and structures within the aquifer protection area shall include
identification of any necessary federal, state or county permits, copies of all such permit
applications and copies of all related correspondence between the applicant and the
permitting agency or agencies.
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).
1. Intent.
The Town of Rhinebeck finds that the natural open character of the community’s aesthetic
resources are critical features whose conservation enriches and benefits both residents and
visitors. Aesthetic resources include the Hudson River National Historic Landmark District,
the Mid-Hudson Historic Shorelands Scenic District, Estates District Scenic Area of Statewide
Significance, structures or sites listed on the State or National Registers of Historic Places, sites
bordering designated State, County or Town Scenic Roads, “special features” identified in the
Town’s Comprehensive Plan, lands within the Waterfront Revitalization Area, and any other
significant feature of community importance identified in a Town planning document or as
documented in the Town’s Comprehensive Plan. The Town, therefore, finds that protection of
scenic character is important to maintaining rural character, a sense of place, and scenic
landscapes, all of which contribute to the Town's quality of life and its attractiveness for
residential and commercial development, as well as for tourism. The Town further finds that
development that conforms to the Town Design Standards, referenced in Article VII, Section B
(see Appendix A also) is appropriate, if such development is carefully planned to maintain,
conserve, and enhance the scenic features of the area and the landscape views from public
roads. Aesthetic resource conservation will also have the effect of protecting Rhinebeck’s
significant wildlife habitats, biodiversity, watersheds, water quality, air quality and other
environmentally fragile areas as well as preserving open space.
2. Purpose.
The purpose of the Preservation of Natural and Cultural Features: Design Standards is to
establish clear guidelines for future development and protection of the Town’s ridgelines,
hilltops and aesthetic resources, which comprise some of the most scenic and environmentally
sensitive areas of the Town.
3. Applicability.
a. Land Subdivision, Special Use Permit, and Site Plan approval. The provisions of this
Section shall apply to all applications for land use development including Subdivisions,
Special Use Permits, Site Plan approval, zoning variances, and zoning amendments. Except
as provided herein, no land shall be developed and no building or structure erected,
expanded, or developed unless the board granting such approval finds that the
development proposed will be consistent with the Design Standards herein. Such board
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.
5. Design Standards.
All development identified in Article V, Section U(3)(a) shall comply with the design standards
and principles provided herein in addition to the Design Standards identified in Article VII,
Section B (see Appendix A). The intent of the design standards is to provide prospective
applicants for land development with the types of development that the Town wishes to
achieve. The requirements are also intended to ensure that future development creates no
more than a minimal impact on the rural and scenic character as well as the visual and
environmental sensitivity of the site and its affected surroundings, makes open space planning a
central focus of future development, requires that new development follow traditional
settlement patterns, and provides general siting principles to help landowners and the
respective boards plan projects that fit into the scenic and rural countryside found in the Town.
a. Placement of Structures. To ensure the placement of structures outside of any exposed
ridgeline area on proposed building lots, building sites including areas of cleared
vegetation, shall be clearly designated on the applicable Subdivision plat and/or Site Plan.
Constructed structures shall not differ more than twenty (20) feet in any direction from
building site locations, shown on approved Subdivision and/or site plans, at the time of
Building Permit application. Wherever practical, structures shall be sited at the lowest
elevation to be as visually inconspicuous as possible when seen from a distance and from
lower elevations. Development should not occur along and/or project above ridgelines and
hilltops when viewed from the locations identified in Article V, Section U(5)(b)(i) below.
b. Mitigation of Impacts. All principal and accessory structures shall comply with the
following measures, designed to mitigate the impact of the structure including clearing of
vegetation and regrading, unless explicitly exempted elsewhere in this Section.
i. Visibility. All structures should be sited to avoid occupying or obstructing public views
of land from any location listed on the SEQR Visual Environmental Assessment Form
certain lots or tracts may be increased, decreased or deleted, to reflect the degree of
visibility of structures located in various portions of the Subdivision or site.
Additionally, such applicant may request alternative placement of landscaping on
certain lots and tracts if such placement provides adequate mitigation of the visual
impact of the roofline of the principal structure. Landscaping required by this section
shall be credited against the landscaping requirements imposed by any other section of
the Zoning Law.
vi. Tree cutting. All timber harvesting shall comply with the most recent versions of
Timber Harvesting Guidelines for New York and Best Management Practices, as promulgated
by the New York State Department of Environmental Conservation (DEC) and
available from the Town’s Building Department. There may be situations where strict
adherence to certain provisions of the Timber Harvesting Guidelines for New York and Best
Management Practices are impossible or impractical to attain. Alternate measures exist
that can be substituted for such guidelines in appropriate circumstances. In such cases,
the Planning Board with the assistance of a consulting professional forester, may grant
a waiver from the strict application of the guidelines where reasonable and necessary.
(a) Selective timber harvests, as defined herein, are allowed in all Districts that permit
Forestry as specified in the District Schedule of Use Regulations. Selective timber
harvests in excess of one-quarter (") acre are allowed by permit from the Zoning
Enforcement Officer.
(b) Clear-cutting of all trees in a single contiguous area, as defined herein, shall be
prohibited except for Major excavation and tree clearing that has been granted a
Special Use Permit in accordance with Article VI, Section D(40). This subsection
(U)(5)(b)(vi)(b) shall not apply to:
(i) Christmas tree culture or other existing tree plantation;
(ii) Harvests conducted in accordance with a timber harvesting plan prepared
pursuant to Section 480-a of the New York State Real Property Tax Law or the
Forest Stewardship Program of the New York State Department of
Environmental Conservation and US Forest Service, or a Forest Certification
Program such as the Sustainable Forestry Initiative (SFI), Forest Stewardship
Council (FSC) and the American Tree Farm Program;
(iii) Tree clearing for farm purposes within Agricultural District 20 established
pursuant to New York State Agriculture and Markets Law;
(iv) Severe natural disturbances, which include fire, insect infestation, disease, ice
and wind;
(v) Ecologically appropriate improvement or creation of wildlife habitat, with
accompanying prescription and justification from a certified wildlife
professional, a New York State Department of Environmental Conservation
Forester, a member of the New York Institute of Consulting Foresters, or a
Cooperating Consultant Forester.
vii. View preservation. A conservation easement, pursuant to Section 247 of New
York State General Municipal Law and Sections 49-0301 through 49-0311 of the
V. Lighting Regulations
1. Intent and Purpose.
The intent and purpose of this Section is to provide standards for outdoor lighting to maintain
and protect the scenic and aesthetic character of the Town, to encourage conservation of energy
and non-renewable resources while providing safety, utility and security; to minimize glare; to
protect the privacy of residences; to reduce atmospheric light pollution in the rural Town; to
ensure that development fits into its natural and rural surroundings rather than being
superimposed as a dominant element in the countryside; to avoid impacts on nearby residential
properties; and to enhance the Town’s night-time ambience and rural and historic character.
These regulations apply in all Zoning and Lighting Districts in the Town and are designed to be
compatible with the Town of Rhinebeck Design Standards (see Appendix A).
2. Definitions.
There are terms used in this Section of the Zoning Law that are applicable principally if not
exclusively within this Section alone. The terms used in this Section or in documents prepared
or reviewed under this Section of the Zoning Law shall have the meaning as set forth in Article
XIII, Section F.
3. Applicability and Submission of Plans.
An application for any work involving outdoor lighting fixtures that requires Subdivision,
Special Use Permit and/or Site Plan approval or involves a Lighting District established
pursuant to Article 12 of Town Law, shall submit, as part of the application, evidence that the
proposed work shall comply with the standards of this Section. Special regulations govern
lighting of signage. Reference is made herein to Article V Section C, Sign Regulations for
additional requirements. The submission shall contain the following:
a. Plans indicating the location, height, orientation, type of illuminating device, and wattage
of each outdoor lighting fixture;
b. Location and use of adjacent properties;
c. Nearby properties that may be affected by the proposed lighting plan;
d. Description of the illuminating fixtures, lamps, supports, reflectors, and other devices,
including, but not limited to, catalog cut sheets by manufacturers and drawings (including
sections where required), glare reduction/control devices, on-off cycle control devices, and
mounting devices;
e. Photometric data showing an isolux/isofootcandle plot or lux/footcandle grid that
demonstrates intensities and uniformity of light emissions;
f. Statement of the proposed hours and days of the week when the luminaries will be on and
when they will be extinguished;
g. Additional information that the Planning Board or Code Enforcement Officer determines
is necessary.
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.
h. Spacing. The space between fixtures should be approximately four times the height or as
determined by the Planning Board.
i. Time Controls. All non-essential lighting shall be turned off after business hours, leaving
only the necessary lighting for site security, which shall be reduced to the minimum level
necessary. “Non-essential” can apply to: display, aesthetic, parking and sign lighting.
Motion-sensor security lighting may be used to promote safety and reduce the amount of
night lighting in the Town, as determined by the Planning Board
j. Electrical Feeds. To improve the aesthetics of the area, electrical feeds to lighting fixtures
and standards shall be run underground, not overhead.
k. Gas Stations. Island canopy ceiling fixtures shall be recessed into the canopy ceiling so that
the bottom of the fixture is flush with the ceiling
l. Recreational Facilities, Public or Private. Lighting for sports fields, tennis courts and
similar outdoor recreational facilities may be permitted to exceed the 15-foot height
maximum. Lighting for parking, walkways and buildings at recreational facilities shall
comply with all other requirements of this Section. Lighting for sports fields, tennis courts,
golf courses, gun clubs and similar outdoor recreational facilities shall only be allowed by
Special Permit provided that the following special conditions, in addition to the general
conditions found in Article VI, are met:
i. The proposed pole height is required to illuminate the center of the field while
avoiding direct glare on adjacent properties;
ii. Surrounding vegetation or topography will substantially screen views of the lighting
standards from adjacent properties;
iii. The fixtures will be fully shielded to prevent light spillage on adjacent properties and to
prevent sky glow;
iv. The proposed lighting levels conform to the recommendations of the Illuminating
Engineering Society of North America, Greenway Connections and/or International
Dark Sky Association for playing fields;
v. Adjacent municipalities shall be contacted for their input on the proposed recreational
lighting, when applicable.
m. Indoor Light Sources. Indoor light sources, that are visible in outdoor locations, shall be
subject to Planning Board approval.
n. Street Lights. Street lights shall be provided in the TND and Village Gateway districts and
in other locations as determined necessary by the Planning Board, in accordance with the
following standards:
i. Street lighting shall comply with Article V, Section V(16).
ii. Street lighting shall not exceed 12 feet in height.
iii. Street lighting shall be provided on one or both sides of all streets at intervals
no greater than 75 feet on center and at intersections.
iv. Lighting posts and fixtures for streetlights shall be of consistent architectural
style.
v. Street lighting shall be located between the street curb or pavement and the
sidewalk.
vi. Existing street lighting, including municipal lighting, shall be brought into
conformance with the provisions of this Section when fixture or light source
replacements are made or when funding becomes available to undertake a
comprehensive lighting replacement program.
o. Illuminance and Uniformity. Parking lots shall have an average lighting level at or below
one (1) footcandle. High security areas shall have lighting levels of no more than 5
footcandles and 2 to 5 footcandles is the recommended range. Lighting levels greater than
five (5) footcandles is generally a waste of energy and a source of glare and atmospheric
light pollution. Design should establish a hierarchy of lighting to assure a smooth
transition from bright areas to those with subdued lighting. Light levels shall be
maintained at design levels with lamp or luminaire replacement as needed. Unless
accessory to a Bank, all ATM banking machines shall be installed indoors so that the New
York State ATM Safety Act design requirements shall not be applicable. The Planning
Board remains responsible for ensuring that outdoor ATM banking machines accessory to
a Bank do not cause glare or other unwanted light spillage affecting residential areas and
uses.
p. Recommended Outdoor Lighting Types. Table 2 presents recommended outdoor
lighting types. For better color quality, system designs that use a few incandescent, LED or
fluorescent fixtures with sodium fixtures is recommended in pedestrian and commercial
areas.
Table 2
Recommended
Lighting Type Color Comments
Uses
Infrequently used
Most common but most
Full spectrum, white lighting, occupant
Incandescent energy inefficient of
light sensor activated
common lamp types
lighting
Residential
Excellent color
lighting,
rendition, energy
Fluorescent Clear white light walkways,
efficient, and
building
inexpensive
entrances
Table 2
Recommended only
where light distribution
Sports fields,
High Pressure is valued more than
Yellowish cast parking,
Sodium appearance; can
roadways
negatively affect
vegetation
One of the most energy
Roadways,
efficient but
Low Pressure walkways,
Monochromatic recommended only
Sodium parking, security
where color rendering
lighting
is not important
The emerging
technology for LED
Area, lighting is eventually
Variable, especially architectural, expected to eclipse
Light-emitting
when digitally walkway, traditional lighting due
Diodes (LED)
controlled landscaping & to long life, broad
flood lighting, application and
highest energy
efficiency
W. Landscaping Standards
1. Intent and Purpose.
The Town of Rhinebeck finds that landscaping provides many unique services and values to the
community. Landscaping softens the edges of buildings, screens undesirable places, makes
large buildings appear smaller and more human scale, helps maintain biodiversity, and can
create places for social gathering. Vegetation recycles the air and water, absorbs pollution and
sequesters carbon, buffers noise, and provides shade, air-cooling and windbreak protection.
This also helps control flooding and erosion of topsoil, and provides habitat for birds and
other wildlife species. Good landscaping buffers incompatible uses, enhances property values
and beautifies the community.
Existing vegetation should be preserved as much as possible by minimizing clearing and grading
in new developments. Removal of existing vegetation alters the appearance of the landscape,
which takes years to recreate through replacement plantings. Existing mature vegetation
provides numerous environmental benefits such as providing shade, reducing soil erosion,
absorbing stormwater runoff, and protecting wildlife habitats. Preserving existing vegetation
also helps to screen new development. Mature trees in particular make an important
contribution to the character of the community. Studies have shown that a parcel of land with
trees is worth more to buyers than a similar lot that has no trees. These benefits are lost when
existing vegetation is removed and merely replaced with small trees.
New development should be generously landscaped to provide visual interest in all four seasons
by including deciduous trees, conifers, perennials and bulbs. Landscape plans that are limited
to deciduous trees and shrubs leave a barren winter landscape that fails to screen new
development from the roadway and from neighboring properties. The landscaping of a site
should blend in with the prevailing scale, appearance and neighboring uses, or should
effectively screen the development from its neighbors.
spaces required and to be provided. The Planning Board shall encourage and, where
appropriate, require the provision of pervious parking areas in accordance with Article V,
Sections B and Z herein, or through parking reserve areas which may not be constructed
until and unless demand is evident.
b. The location, design and construction materials of all present and proposed walkways,
bicycle paths and racks, benches, ramps, retaining and/or landscaping walls and fences.
Connections shall be provided to adjoining parcels for future pedestrian and bicycle access.
c. A landscape plan showing all proposed changes to existing natural land features including
size and type of plant material, and the number, size, types and locations of all trees, shrubs
and ground covers to be added. A planting schedule and a landscape maintenance plan
shall be included. Trees to be saved shall be noted on Site Plans and, if required,
Subdivision Plans and appropriate measures shall be outlined to protect the tree stock from
damage during construction. Open space and recreational areas shall be identified. The
location and proposed development of all buffer areas between the proposed site and
adjacent properties, including existing vegetative cover and that portion that will be
preserved or enhanced, shall be also indicated. The applicant’s Site Plans and, if required,
Subdivision Plans shall show all plant materials and non-plant materials, such as those
described herein, to be installed on the site in order to meet the landscape requirement.
The landscape plan shall also include an analysis of how the site is to be prepared for plant
material installation with an emphasis on soil quality and available depth. All parking,
storage, waste, and service areas shall be reasonably screened at all seasons of the year from
the view of adjacent residential lots and streets and the general landscaping of the site shall
be in character with that generally prevailing in the community. Existing trees to be
preserved shall be protected during construction. Designated existing trees to be preserved
shall be identified as to caliper and species and located on the landscape plan. Parking lot
landscaping shall comply with Article V, Section W(4) in addition to the requirements of
this section. Where conflicts exist, the more restrictive provisions apply. Agriculture and
forestry are generally exempt from the landscaping requirements of this Chapter, except as
specifically identified herein.
i. In all zoning districts allowing non-residential uses, and in the case of all 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 minimum
one (1) shade or evergreen tree and 10 shrubs per 35 linear feet of frontage,
excluding driveway openings. Trees shall be appropriately sized for their mature
height in cases involving landscaping under above ground utilities such as electric,
telephone and cable.
(b) Maintain existing mature woodlands.
(c) Where the plantings required in [a] or [b] above would result in an inappropriate
or impractical design due to the presence of underground utilities, overhead wires,
or other factors that limit the mature height of a tree, the following will apply: two
(2) ornamental trees may be substituted for one (1) shade tree; two (2) evergreen
trees may be substituted for one (1) shade tree; one (1) evergreen tree may be
substituted for five (5) shrubs as determined appropriate by the Planning Board.
ii. Site plans shall specify the location, type, and size of major existing plant materials,
including trees, with information and justification as to which such materials shall be
removed and which shall be retained or relocated. Such plans shall also specify the
location, size, type, quantity, and spacing of all proposed plantings and other landscape
materials, including irrigation systems.
iii. Landscaping shall be installed with adequate precautions to ensure survival, as shown
on the approved landscape plan, prior to issuance of a Certificate of Occupancy for the
building or use.
(a) Landowners shall be responsible for proper maintenance and care of all landscape
treatments approved by the Planning Board. The Town’s Code Enforcement
Officer is authorized to inspect periodically all landscape treatments, including
screening, as approved by the Planning Board or to investigate complaints made by
any official or private citizen concerning the maintenance of such landscape
treatments. If completion of required landscape work is not practical due to
seasonal or weather conditions, the applicant shall submit assurances to the
Planning Board and Town Attorney for the completion of landscaping. The
acceptable assurance guaranteeing the completion of landscaping shall be an
irrevocable letter of credit, certified check, performance bond, or other acceptable
assurance, equal to the cost of the landscaping work accompanied by written
assurance that such landscaping shall be completed in accordance with an
approved Site Plan and, if required, Subdivision Plan within a specified period of
time not exceeding six (6) months from the date of occupancy.
(b) A three (3) year maintenance bond shall be provided to ensure successful planting.
After that, required landscaping shall be maintained in a healthy, growing
condition at all times.
4. General Design Standards
a. Landscaping should dominate the Site Plan and integrate the various elements of site
design, preserving and enhancing the particular identity of the site, and creating a pleasing
site character.
b. Landscape plantings of shrubs, ground cover, and shade and evergreen trees, as well as
perennials and annuals and other materials such as rocks, water, walls, fences, paving
materials and street furniture, shall be encouraged to create pedestrian scale spaces and to
maintain a landscape continuity within the community as determined by the Planning
Board. All landscaping within the site shall be designed to facilitate conservation of the
environment and preservation of community aesthetic character. This shall be
accomplished through the inclusion of native plant material and the retention of existing
natural vegetation, thereby reducing or eliminating the need for irrigation, pesticides,
herbicides, and fertilizers. Sculpture and art may be integrated into the landscape plan as
approved by the Planning Board.
c. The preservation of mature plant species, hedgerows, wetlands and woodlots shall be
encouraged and included as a design element in the development of the site.
d. Existing isolated tree stock six (6) or more inches in diameter at breast height, all trees
sixteen (16) or more inches in diameter at breast height and all locally important trees shall
be protected and preserved to the maximum extent practical to retain valuable community
natural resources and promote energy conservation by maximizing the cooling and shading
effects of trees. Define a tree’s drip line to avoid any disturbance near the tree’s root
system.
e. Landscaping shall be used to create boundaries and transitions between areas of differing
development intensities, as well as to separate areas of incompatible land uses. A buffer
zone thickly planted with native and/or non-native and non-invasive trees and shrubs of
sufficient width to screen a non-residential use from a neighboring residential use shall be
required. A buffer zone as determined by the Planning Board shall be provided on the
subject parcel of any residential development occurring adjacent to a farm. The Planning
Board may require landscaping between businesses.
f. Open space shall be designed as an integral part of the overall site design and shall be
appropriately maintained. Landscaping between clusters of housing and clusters of
businesses should be considered.
g. Parking facilities shall be landscaped and screened from public view, to the extent necessary
to eliminate the unsightliness of parked cars, and shall comply with the requirements of
Article V Section W(5).
h. Solid waste facilities and containers, outdoor service areas, and loading docks shall be
screened around their perimeter from the street and from other adjacent residential areas
through the addition of conifer plantings or architectural elements. Outdoor storage of
waste materials shall be prohibited.
i. Design landscaping to maximize energy conservation. Plant deciduous trees to shade
southern and southwestern exposures during the summer, and plant evergreens on
northerly and northwesterly exposures to help break cold, northerly winds in the winter.
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.
This proposal provides more parking spaces Reducing the amount of parking and Breaking up the parking into two “groves”
than are required and, without landscaping providing additional landscaping around the further mitigates the visual impact of the
the interior, creates the effect of a “sea of perimeter and within the lot creates a safer lot.
asphalt.” and more attractive environment.
a. Use of native species is highly encouraged since such species are tolerant of the Hudson
Valley’s climate, generally disease resistant, do not create unusual maintenance problems,
and are readily available from local nurseries. Use a variety of tree species to provide visual
interest, to protect against same species die-out or disease, and be tolerant of road salt.
Large leafed and/or fruiting trees should be avoided.
b. To reduce the visual impact of the parking lot, provide a twenty (20) foot wide landscape
strip around the perimeter of the lot, to be planted with a mix of shade trees, evergreen
trees and shrubs. Provide a minimum of one tree for every 35 feet of lot perimeter but not
necessarily at 35 feet on-center. In the judgment of the Planning Board, additional trees
and sufficient shrubs may be necessary to effectively shade/screen the parking lot.
c. Break up the blacktop and reduce stormwater runoff by using bricks, pavers, or textured
surfaces for crosswalks. For uses subject to seasonal fluctuations, establish overflow
parking using pervious surfaces such as cellular concrete blocks where the interstices of the
blocks are filled with earth and planted with grass. The Planning Board remains
responsible for determination of the adequacy of parking supply demand.
d. Divide the rows of parking with planting strips and trees, averaging a tree every six (6) to
ten (10) spaces. Planting strips should be a minimum of eight (8) feet in width.
e. Provide diamond shaped tree islands six (6) feet wide for every four (4) to six (6) parking
stalls.
f. Reduce visual impacts by breaking up large parking lots into smaller parking areas with a
significant number of shade and evergreen trees and surrounded by hedges, stone walls or
attractive fencing. Avoid more than 10 parking spaces in a continuous row and more than
60 spaces in any single parking area defined by landscaping.
g. Use water gardens for stormwater management compliance retention basins, as specified in
Article V, Section Z of this Zoning Law.
h. Create large planting islands (over 500 square feet) to be located throughout the lot and
planted with shade and evergreen trees, low shrubs, and/or ground cover. These should
preferably be located at the ends of parking rows provided they do not interfere with safety
sight distances.
i. Provide planting islands between every 10 spaces to avoid long rows of parked cars. Each of
these planting islands should provide at least one shade tree.
j. Landscaping should be used to delineate vehicular and pedestrian patterns. Clear and
legible signs, different color and texture paving materials, raised or inverted areas, and
other techniques should be used to further direct the flow of both vehicular and pedestrian
traffic within the lot.
k. Use existing woodlands, if located on the site, by preserving as much as possible along the
perimeter of the lot. Provide additional evergreen shrubs if needed.
l. Lighting should 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.
hedge to be interrupted only at points of ingress and egress. The open area between such
hedge and the street shall be landscaped in harmony with the landscaping prevailing on
neighboring properties fronting on the same road.
c. Identification and directional signs located on the road side of such screening shall not
exceed an area of two (2) square feet each, shall be limited to such number as are essential
for the particular use and shall comply with Article V, Section C of the Zoning Law.
8. Street Trees.
Trees planted along Rhinebeck’s roads and streets are perhaps the single most effective physical
addition to make them more welcoming and more suitable for pedestrians and bicyclists. Street
trees provide shade, and they have the added benefit of helping to slow traffic by narrowing the
field of vision. Street trees should be selected based upon their salt tolerance and should be
placed close to the road and to each other to create a park-like canopy. They should be located
between the sidewalk (if applicable) and road to form a protective row that makes pedestrians
feel safely separated from traffic. The following principles shall be considered in designing the
placement of street trees. It is recognized that each road is different due to topography, the
presence of surface water resources, utility line placements, and other factors such as snow
removal. Therefore, while the use of all principles is encouraged, each may not be attainable on
every road. The determination of which principle to apply rests with the Planning Board.
a. Street trees should be planted for all developments that are subject to Subdivision or Site
Plan review.
b. Provide street trees along each side of all streets, public or private, existing or proposed, but
not including alleys. In locations where healthy and mature shade trees currently exist, the
requirements for new trees may be waived or modified. However, trees that are diseased or
dead should be replaced.
c. Plant street trees in planting strips located between the street curb and the sidewalk, or in
sidewalk tree wells located between the street curb and the sidewalk on streets without
planting strips.
d. Street trees should be species with broad canopies, should have a minimum caliper of three
inches (3”) measured at chest height at time of planting, and should be spaced a maximum
of twenty-five to thirty feet (25-30’) on center, with exact spacing to be evaluated on a 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 little
maintenance by being mechanically strong (not brittle), and be insect and disease resistant.
Care should be taken to avoid species that suffer limb drop and splitting, heavy fruit or nut
crops, invasive root systems, or allergen production. In the non-residential districts, the
street treescape should consist of deciduous species that branch above eight feet (8’) to
facilitate viewing of storefronts and signage. Good choices that are known to be suitable in
the Hudson Valley include:
i. Acer Truncatum
X. Noise Regulations
1. Intent and Purposes.
The Town of Rhinebeck finds that it is necessary to reduce ambient noise levels in the Town, so
as to preserve, protect and promote the public health, safety and welfare, and the peace and
quiet of the inhabitants of the Town, to prevent injury to both humans and animal life, and to
prevent injury to property, foster the convenience and comfort of its inhabitants, and facilitate
the enjoyment of the rural character of the Town. There is also a substantial body of science
and technology that exists demonstrating that noise may be substantially abated.
The intent of the Noise Regulations is to control noise that is continuous such as air
conditioners or frequently occurring noises such as lawn mowers, boom boxes or barking dogs.
It acknowledges that noises are necessary in a civilized society. Limits are established which
allows certain activities to take place at higher levels during daytime hours while lower levels are
enforced at other times. Noise events which are temporary of short duration, and non
repeating will not be enforced unless the noise may injure the human hearing system.
The following regulations are applicable to all uses and all zoning districts within the Town of
Rhinebeck unless otherwise provided herein. No use shall be established and/or maintained
that does not conform to the following standards of use, occupancy and operation, in addition
to all relevant provisions of other local, State and Federal laws, rules or regulations. No
person, firm or corporation shall operate or cause to be operated any source of sound, except as
set forth below, which exceeds the limit set forth below when measured by a sound level meter
having an A-weighted filter and constructed in accordance with the specifications of the
American National Standards Institute (ANSI).
c. A sound-level reading taken at a residential property line, arising from another residential
property, above sixty (60) dBA during the time period commencing at 7:00 AM and ending
at 8:00 PM.
d. A sound-level reading taken at a residential property line, arising from another residential
property, above fifty (50) dBA during the time period commencing at 8:00 PM and ending
at 7:00 AM the following day.
e. A sound-level reading taken at a residential property line, arising from a commercial
property, a public space or a public right of way, above sixty (60) dBA during the time
period commencing at 7:00 AM and ending at 8:00 PM.
f. A sound-level reading taken at a residential property line, arising from a commercial
property, a public space or a public right of way, above fifty (50) dBA during the time
period commencing at 8:00 PM and ending at 7:00 AM the following day.
g. A sound-level reading taken at a commercial property line at any time, arising from any
property source, above sixty-five (65) dBA.
h. Sound from a motor vehicle exceeding 60 dBA as measured from the nearest curb or edge
of the roadway
i. Impulsive Sound shall not exceed 80 dBA at the receiving property line if it occurs less
than four times per hour. For frequency greater than 4 per hour the sound shall not exceed
65 dBA between the hours of 7 AM and 8 PM and not exceed 50 dBA between 8 PM and
7 AM.
4. Exceptions
Regardless of the decibel limits or the time of day or night, the provisions of this chapter shall
not apply to:
a. Sound and vibration emitted for the purpose of alerting people in an emergency.
b. Sound and vibration emitted in the performance of correcting an emergency.
c. Sounds created by bells or chimes of a house of worship, when a part of a religious
observance or service.
d. Sounds from farm operations conducted in a manner consistent with “Sound Agricultural
Practices” as defined by the New York State Department of Agriculture and Markets.
Sounds from agriculture operations on non-farm properties are not exempt.
e. Sounds from forestry operations conducted in a manner consistent with the “Timber
Harvesting Guidelines” as defined by the New York State Department of Environmental
Conservation.
f. Sounds from domestic power equipment including power tools, lawn and garden
equipment, chain saws, snow blowers, and snow plows when operated with a muffler such
that the noise measurement at 10 feet from the device does not exceed 70 dBA.
g. Sounds during the New York State regulated hunting seasons from traditional guns and
hunting practices.
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.
iii. The reason for which the Special Use Permit is requested, including the unique
circumstances involving the noise source;
iv. The nature and intensity of noise that will occur during the period of the Special Use
Permit;
v. The section or sections of this chapter for which the Special Use Permit shall apply;
vi. A description of interim noise control measures to be taken by the applicant to
minimize noise and the impact occurring therefrom;
vii. A specific schedule of noise control measures;
viii. A presentation of adequate proof that noise levels occurring during the period of the
Special Use Permit will not constitute a danger to public health;
ix. A presentation of adequate proof that compliance with this chapter would impose an
arbitrary or unreasonable hardship upon the applicant without equal or greater benefit
to the public;
x. The names and addresses of all owners of contiguous land within 500 feet of the
premises. The Planning Board in like manner shall give notice of the application by
certified mail, return receipt requested, to all property owners surrounding the sound
source site within a radius of 500 feet from the borders of said site; and
xi. A filing fee in accordance with the Town fee schedule.
c. The applicant's failure to supply the required information required by this Subsection shall
be cause for denial of the Special Use Permit application.
d. The duration of the Special Use Permit shall not exceed one (1) year but may be limited by
the Planning Board to any period of time up to one (1) year.
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.
b. Land development may affect the environment in many ways. Direct loss of habitat
eliminates some species and affects the population size of others. Habitat fragmentation
leads to isolation (and reduced viability) of small populations, reduced population
dispersal, increased edge effects which in turn may lead to increased predation, nest
parasitism, and decreased breeding success.
c. Habitat loss is often associated with negative impacts to watersheds, which may result in
degraded water quality, reduced water supply, increased pollution, erosion and
sedimentation, damage to streams and wetlands, poor drainage and flooding.
d. The inclusion of habitat assessments as part of the planning and design review processes
facilitates biodiversity conservation, preserves water resources, helps maintain natural areas,
reduces the impact of invasive species, enhances visual resources and recreational
opportunities, supports community values, and protects and enhances property values.
e. Healthy ecosystems comprise the landscapes valued by Town residents. Ecological
imbalances resulting from improperly sited development and its adverse impacts can lead to
degraded landscapes and a proliferation of invasive or nuisance species.
f. It is ultimately more cost effective for the Town to protect significant natural resources
rather than attempt to restore them once they have been damaged or lost. This proactive
stance will guide development, not prohibit it, and can greatly influence decisions about
how development occurs on a particular site.
2. Intent.
It is the intent of the habitat and natural resource management process to incorporate, where
appropriate, habitat assessments into the decision-making of all Town boards charged with
approval of actions under the State Environmental Quality Review Act (SEQR). A habitat
assessment surveys the existing environmental conditions of a site, identifies any areas of
ecological sensitivity, determines what the impact of the proposed development will be, and
devises mitigation measures to avoid or reduce identified impacts. The Town of Rhinebeck’s
Significant Habitats in the Town of Rhinebeck, Dutchess County, New York by Hudsonia Ltd. dated
July 2007, should be used as a basis for habitat assessments but because of its general nature,
additional on-site habitat assessment surveys may be necessary. Specific areas of concern that
are identified as part of the assessment include but are not limited to the following:
a. Water resources (including aquifers, streams, wetlands, and vernal pools, whether or not
they are protected by local, state or federal regulations)
b. Vegetation
c. Soils
d. Elevation, aspect and slope (including rocky outcrops, steep slopes and ridgelines)
e. Wildlife of conservation concern, including but not limited to breeding birds, reptiles,
amphibians and mammals including higher-order predators
f. Presence of protected species of plants or animals as defined by the State and/or federal
governments.
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.
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 presence
of species that are associated with disturbed habitat, along with the absence of habitat
specialists, indicate lower quality habitat that may be more suitable for development.
Criteria for evaluating these natural resources (both species and habitat) includes but is
not limited to:
(a) Rarity
(b) Diversity
(c) Size (critical habitat areas)
(d) Naturalness (level of human disturbance)
(e) Fragility (vulnerability to disturbance)
(f) Representativeness (high quality habitat for a variety of species)
(g) Importance to wildlife
(h) Local importance (e.g. only site in the Town with certain undisturbed habitat
features)
(i) Connectivity (to adjacent habitats and wildlife corridors)
(j) Habitat fragmentation, both onsite and within the landscape context
b. Field surveys. Habitat assessment includes the identification of the need for any species-
specific field surveys to determine the significance of project impacts, as determined by the
Planning Board. Habitat assessments are recommended prior to any surveys for particular
species. If suitable habitat is identified, then species surveys may be necessary, especially if
the habitat is suitable for threatened, endangered, or special concern animal species, and
endangered, threatened, or rare plant species.
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.
* describe habitats on and nearby that appear suitable for the species.
e. Discussion. The Report must present a narrative discussion of the results. This includes
species of conservation concern that would use the site and when; an overview of
biodiversity; ecological impacts of the proposed development in the context of the larger
landscape; the needs, if any, for additional field surveys; and the relationship of existing or
proposed conservation easements to habitats onsite. Conservation easements may be an
appropriate form of mitigation by including significant habitats and avoiding small or
isolated (disconnected) patches of habitat.
f. Potential impacts of proposed project activities and proposed mitigation measures. This
section must include cumulative, primary and secondary impacts as well as stormwater
management impacts. Considerations include magnitude, spatial extent, duration, and
probability of occurrence. All identified impacts need to be properly incorporated into the
project’s SEQR review process, regardless of the lead agency. Mitigation measures will be
incorporated into the proposed project plans to avoid, reduce or minimize identified
impacts to the greatest extent practicable. Use of conservation easements may be
considered to protect in perpetuity all identified habitats of concern is the first step in
identifying appropriate mitigation. Additional mitigation measures include but are not
limited to those identified in Biodiversity Assessment Manual for the Hudson River
Estuary Corridor.
g. Summary of the Report findings and recommendations.
h. References used.
7. Quality control/follow-up.
A site visit by representatives of the Town Conservation Advisory Council (CAC), Planning
Board, and/or Town Planner will be conducted after the habitat assessment is complete.
Mitigation measures for impacts on habitats, plant and animal species will be evaluated and
incorporated into the SEQR review process. The Town may require peer review of the Habitat
Assessment Report, at the expense of the applicant, and in accordance with the Town’s Fee
Schedule.
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
includes intermittent and perennial streams &
stream rivers
natural ponds & lakes; i.e., undammed,
open water unexcavated
constructed pond dammed or excavated ponds & lakes
intermittent woodland pool vernal pool in forested setting
wet meadow
Clayey soils and indicator plant species must be
wet clay meadow present
Calcareous soils and indicator plant species must
calcareous wet meadow be present
fen
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
includes inactive agricultural land, herbaceous old
upland meadow fields, farmed meadows, such as pasture,
hayfield, & cropland
includes shrubby old field and other shrub-
upland shrubland dominated upland habitats
Christmas tree farm, fruit orchard; young
orchard/plantation (seedling-sapling size) plantations
very deep, very narrow ravine, with rocky slopes
flanking rocky stream at bottom; creating very
cool ravine cool, 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
> 75% conifer cover; includes spontaneous
upland conifer forest conifer stands and mature plantations
includes non-calcareous CLT, as well as CLT of
crest, ledge, and talus unknown bedrock chemistry
Habitat Comment
calcareous crest, ledge, and talus
abandoned soil or rock mines, active private
dumps, unreclaimed landfills, post-industrial or
waste ground commercial sites, other areas with stripped
topsoil & little vegetation
manicured areas lacking structures, pavement,
cultural 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.
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 and
other plants, primarily for use by that person and his or her family.
viii. A site map/construction drawing(s) specifying the location(s), size(s) and length(s) of
each erosion and sediment control practice.
ix. Dimensions, material specifications and installation details for all erosion and
sediment control practices, including the siting and sizing of any temporary sediment
basins.
x. Temporary practices that will be converted to permanent control measures.
xi. Implementation schedule for staging temporary erosion and sediment control
practices, including the timing of initial placement and duration that each practice
should remain in place.
xii. Maintenance schedule to ensure continuous and effective operation of the erosion and
sediment control practice.
xiii. Name(s) of the receiving water(s).
xiv. Delineation of SWPPP implementation responsibilities for each part of the site.
xv. Description of structural practices designed to divert flows from exposed soils, store
flows, or otherwise limit runoff and the discharge of pollutants from exposed areas of
the site to the degree attainable.
xvi. Any existing data that describes the stormwater runoff at the site.
b. Land development activities, as defined herein and meeting Condition “A” or “B” below
shall also include water quantity and water quality controls (post-construction stormwater
runoff controls) as set forth in Schedule A, as applicable:
Condition A - Stormwater runoff from land development activities discharging a
pollutant of concern to either an impaired water identified on the Department of
Environmental Conservation’s 303(d) list of impaired waters, or a Total Maximum
Daily Load (TMDL) designated watershed for which pollutants in stormwater have
been identified as a source of the impairment.
Condition B - Stormwater runoff from land development activities disturbing one (1)
or more acres during the course of the project, inclusive of the construction of 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 State
Department of Environmental Conservation, most current version or its successor,
hereafter referred to as the Design Manual).
(b) New York Standards and Specifications for Erosion and Sediment Control,
(Empire State Chapter of the Soil and Water Conservation Society, 2004, most
current version or its successor, hereafter referred to as the Erosion Control
Manual).
b. Equivalence to Technical Standards. Where stormwater management practices are not in
accordance with technical standards, the applicant or developer must demonstrate
equivalence to the technical standards set forth herein and the SWPPP shall be prepared by
a licensed professional.
c. Water Quality Standards. Any land development activity shall not cause an increase in
turbidity that will result in substantial visible contrast to natural conditions in surface
waters of the State of New York.
SCHEDULE A
Stormwater Management Practices Acceptable for Water Quality
Group Practice Description
SCHEDULE B
SAMPLE STORMWATER CONTROL FACILITY MAINTENANCE AGREEMENT
Whereas, the Town of Rhinebeck ("Town") and the _______________ ("facility owner") want to
enter into an agreement to provide for the long-term maintenance and continuation of
stormwater control measures approved by the Town for the below named project, and Whereas,
the Town and the facility owner desire that the stormwater control measures be built in
accordance with the approved project plans and thereafter be maintained, cleaned, repaired,
replaced and continued in perpetuity in order to ensure optimum performance of the
components. Therefore, the Town and the facility owner agree as follows:
2. This agreement binds the Town and the facility owner, its successors and
assigns, to the maintenance provisions depicted in the approved project plans
which are attached as Schedule A of this agreement.
3. The facility owner shall maintain, clean, repair, replace and continue the
stormwater control measures depicted in Schedule A, as necessary, to ensure
optimum performance of the measures to design specifications. The stormwater
control measures shall include, but shall not be limited to, the following: drainage
ditches, swales, dry wells, infiltrators, drop inlets, pipes, culverts, soil absorption
devices and retention ponds.
4. The facility owner shall be responsible for all expenses related to the
maintenance of the stormwater control measures, and shall establish a means for
the collection and distribution of expenses among parties for any commonly
owned facilities.
5. The facility owner shall provide for the periodic inspection of the stormwater
control measures, not less than once in every five-year period, to determine the
condition and integrity of the measures. Such inspection shall be performed by a
Professional Engineer licensed by the State of New York. The inspecting
engineer shall prepare and submit to the Town, within 30 days of the inspection,
a written report of the findings, including recommendations for those actions
necessary for the continuation of the stormwater control measures.
6. The facility owner shall not authorize, undertake or permit alteration,
abandonment, modification or discontinuation of the stormwater control
measures, except in accordance with written approval of the Town.
7. The facility owner shall undertake necessary repairs and replacement of the
stormwater control measures at the direction of the Town, or in accordance with
the recommendations of the inspecting engineer.
8. The facility owner shall provide to the Town, within 30 days of the date of this
agreement, a security for the maintenance and continuation of the stormwater
control measures in the form of ( a Bond, letter of credit or escrow account).
9. This agreement shall be recorded in the Office of the County Clerk, County of
Dutchess together with the deed for the common property, and shall be included
in the offering plan and/or prospectus approved pursuant to ______________.
10. If ever the Town determines that the facility owner has failed to construct or
maintain the stormwater control measures in accordance with the project plan, or
has failed to undertake corrective action specified by the Town or by the
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 a
hardship or infeasible for the applicant to meet those requirements. These circumstances
may include, but are not limited to:
i. The availability of markets for materials to be recycled;
ii. The availability of green building materials and technologies; and
iii. The compatibility of green building requirements with existing building standards.
The burden shall be on the applicant to show circumstances to establish hardship or
infeasibility
9. Compliance and Enforcement. The Code Enforcement Officer shall determine whether the
requirements under the pre-permitting documentation have been implemented at each stage of
construction, including at the foundation inspection, framing inspection, and prior to issuance
of a final certificate of occupancy. The Code Enforcement Officer may conduct other
inspections, as needed, to ensure compliance with this act. The Code Enforcement Officer, at
his/her discretion, may issue a stop-work order or withhold the final certificate of occupancy
until compliance can be demonstrated.
10. Review and Reporting. The Code Enforcement Officer shall be required to:
a. Submit an annual report to the Town Board no later than September 30 of each year
stating how each project has met the purposes and requirements of this Section;
b. Provide technical expertise on green building issues on a case by case basis; and
c. Maintain trained staff to effectuate the purposes of this Section.
on the National Register of Historic Places, including first the Robert Sands Estate (1975),
then more than thirty (30) individual buildings, or complexes of buildings, concomitantly
nominated as part of the Town of Rhinebeck Multi-Resource Area (1987) and recently the
Neher-Elseffer House (2003). The Town of Rhinebeck has also designated four buildings,
Wilderstein, the Neher-Elseffer House, the Old Stone Church and Quitman House, as
Local Landmarks.
c. This Section is designed to provide for the protection of those historic buildings situated
within the Town-outside-Village area which, by reason of their antiquity, uniqueness,
setting or architectural construction, have been recognized, or may so be similarly
recognized in the future, for both their contribution to a strong sense of identity within the
community and for the tangible linkages the buildings provide to the Town's historic,
architectural and cultural heritage.
d. This Section does not regulate appurtenances to historic buildings, i.e. stone walls, gates,
fences, gazebos, gardens, landscapes or “non-contributing structures” listed within the
documentation supporting the historic designations noted above. However, the Town of
Rhinebeck recognizes these appurtenances as important features integral to historic
properties and because of their community value encourages voluntary protection and
conservation measures be considered by property owners.
e. Similarly, while this Section does not regulate exterior architectural features, including
building elements such as windows and doors and cornices and materials such as roofing
and siding, the Town of Rhinebeck recognizes these features as important to the integrity
of historic buildings and encourages voluntary efforts to preserve these features and where
replacement may be necessary employ either in-kind architectural elements and building
materials or those exhibiting similar historical style.
f. The purpose of this Section is to reinforce the importance of the historic buildings of the
Town of Rhinebeck and support the objectives of the aforementioned special historic
designations, the Town's Comprehensive Plan and the Local Waterfront Revitalization Program,
by:
i. Providing for the careful, thoughtful evaluation of any proposed action that would
cause the removal or demolition of any such recognized historic building;
ii. Emphasizing as a statement of local policy that the conservation, protection,
enhancement and preservation of such historic buildings is necessary to promote the
economic, cultural, educational, and general welfare of the Town's residents;
iii. Allowing the continuing identification and recognition of historic buildings that
represent distinctive elements of historic, architectural and cultural heritage; and
iv. Provide a means for the owners of historic buildings to find economically viable ways
to preserve such buildings by allowing for their adaptive reuse in accordance with the
provisions of Article __, Section __ of the Zoning Law.
2. Definitions. There are terms used in this Section of the Zoning Law that are applicable
principally if not exclusively within this Section alone. The terms used in this Section or in
documents prepared or reviewed under this Section of the Zoning Law shall have the meaning
as set forth in Article XIII, Section E.
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 forth
in Subsection 6 of this Section, on the grounds that the determination results in an
economic hardship.
6. Application requirements and review procedure and criteria for approval of a certificate of
economic hardship.
a. An applicant whose Certificate of Removal or Demolition has been denied may apply for a
Certificate of Economic Hardship to obtain relief on the grounds set forth in this Section.
Upon receipt of an application for relief in such form as the Planning Board may prescribe,
the Planning Board shall, within thirty (30) calendar days thereafter, hold a public hearing
and give notice in the same manner as required in above Section 4 (B). At the public
hearing, all interested persons shall be afforded the opportunity to present their views.
b. At the public hearing, the Planning Board may take testimony and entertain the
submission of written evidence from the applicant and/or the public, including, but not
limited to the following:
i. The cost of the proposed removal or demolition and an estimate of any other cost that
would be incurred relating to compliance with a Certificate of Removal or Demolition;
ii. The economic feasibility of rehabilitation or reuse of the existing building on the
property;
iii. All appraisals obtained within the previous two years by the owner or applicant in
connection with the purchase, financing, or ownership of the property;
iv. Any listing of the property for sale or rent, price asked and offers received, if any,
within the previous two years;
v. Assessed value of the property according to the two most recent assessments;
vi. Real property taxes for the previous two years;
vii. Form of ownership or operation of the property, whether sole proprietorship, for-profit
or not-for-profit corporation, limited partnership, joint venture, or other;
viii. For income-producing property, the previous two years' annual gross income, itemized
operating and maintenance expenses, depreciation deduction, and annual cash flow
before and after debt service, if any; and
ix. Any other reasonable information considered necessary by the Planning Board in order
to make a determination as to whether the property does yield or may yield a
reasonable return to the owners.
c. To obtain a Certificate of Economic Hardship, the applicant must prove the existence of
economic hardship by establishing that:
i. The building in its current state is incapable of earning a reasonable return; and/or is
causing an unreasonable financial burden;
ii. The building cannot be adapted for any other use permissible under the Town’s
Zoning Law, whether by the current owner or by a purchaser, which would result in a
reasonable return; and
iii. Reasonable efforts to find a purchaser interested in acquiring the property at fair
market value for rehabilitation and preservation have been made and have failed.
d. The Planning Board shall take into consideration the economic feasibility of alternatives to
removal or demolition, and balance the interest of the public in preserving the historic
building or portion thereof and the interest of the owner in removing or demolishing it.
e. The Planning Board shall render its written decision and findings within thirty (30)
calendar days of the conclusion of the public hearing. In the case of an approval of the
application for a Certificate of Economic Hardship, the Planning Board shall be
empowered to impose reasonable conditions upon the applicant to insure that the activity
is conducted consistent with the spirit and intent of this Section, including causing a
dialogue with the applicant to insure to the extent practicable opportunity is made
available for the historic building to be recorded and for salvageable architectural elements
to be removed prior to demolition for use in the rehabilitation of other historic buildings.
f. A copy of the decision shall be sent within seven (7) calendar days to the applicant by
registered mail and a copy thereof filed with both the Town Clerk's Office and the Zoning
Enforcement Officer.
7. Enforcement
All work performed pursuant to a Certificate of Removal or Demolition or Certificate of
Economic Hardship issued under this Section shall conform to both any requirements
included in Article X of this Zoning Law and those further requirements that may be imposed
by the Zoning Enforcement Officer in the ensuing issuance of the Demolition Permit. It shall
be the duty of the Zoning Enforcement Officer to inspect periodically any such work to assure
compliance. In the event it is found that it is not being performed in accordance with the
requirements of the Certificate of Removal or Demolition, the Certificate of Economic
Hardship and/or the Demolition Permit, the Zoning Enforcement Officer shall immediately
issue a stop work order and all work shall immediately cease. No further work shall be
undertaken on the project as long as a stop work order is in effect.
8. Violations and penalties.
a. Violations of the provisions of this Section or violation of any application or statement
submitted, certificate issued or permit approved under the provisions of this Section, or
otherwise takes parts in or assists in the violation, shall be considered liable for an offense
punishable in accordance with Article X of this Zoning Law.
b. Other Remedies. The opportunity for citation of violations of the provisions of this
Section and related imposition of the penalties herein prescribed for such offenses shall not
preclude the Town or any person from instituting an appropriate legal action or proceeding
in a court of competent jurisdiction to prevent either the unlawful removal or demolition
of an historic building or the conduct of such work in a manner inconsistent with the
requirements of both the Demolition Permit and the underlying Certificate of Removal or
Demolition or Certificate of Economic Hardship, including the restraining of such activity
by injunction.
c. Role of the Town Attorney. The Town Attorney is authorized and directed to cooperate
with the Zoning Enforcement Officer and institute any and all actions and proceedings
necessary to timely enforce this Section. Any civil remedy pursued shall be in addition to
and not in lieu of any criminal prosecution and penalty.
9. Taking of emergency action.
Nothing herein shall, however, be construed to prevent the demolition in whole or in part of
any building which has been officially certified pursuant to Section 106 of the New York State
Town Law by the Zoning Enforcement Officer or other appropriate Town authorities as being
imminently dangerous to life or public health. In the event such demolition is authorized, the
property shall be cleared and left in a manner that will neither have an adverse impact on any
adjacent properties nor present a public danger.
d. Donations of land to the Town suitable for the construction of affordable housing units;
e. Construction of affordable housing units at other locations within the Town;
f. A combination of the above; and
g. The granting of density bonuses in certain cases in return for the construction of affordable
housing units which exceed the basic requirements of these regulations, or in return for the
construction of additional affordable housing units and a dedication of trails or open space
to the Town to be used for public purposes.
2. Definitions.
a. Affordable Housing Unit:
i. A unit having a sales price which shall not cost a household with income which is one
hundred (100%) percent or less of the Adjusted Median Family Income (AMI), more
than thirty (30%) percent of its annual gross income.
ii. A rental unit which shall not cost a household with an income which is eighty (80%)
percent or less of the AMI, more than thirty (30%) percent of its annual gross income.
Affordability levels and income guidelines shall be established by the Town Board
working in conjunction with the Town's Affordable Housing Committee as provided
hereinafter.
b. Affordable Housing Committee. A Committee appointed by the Town Board in
accordance with the provisions of Article V, Section CC(14) to assist in the administration
of the Town's affordable housing program.
c. Affordable Housing Fee. A fee paid to the Community Trust Fund which may be paid by
applicants for development in certain zoning districts for residential subdivisions of four (4)
or fewer lots or residential developments of four (4) or fewer units, in lieu of the
construction of affordable housing units on site.
d. Affordable Housing In Lieu of Fee. A fee paid to the Community Trust Fund which may
be paid by applicants for development in certain zoning districts, as provided herein, for
residential subdivisions of five (5) or more lots or residential developments of five (5) or
more units, in lieu of construction of affordable housing units on or off site.
e. Area Median Income (AMI). The median annual income figures adjusted for family size,
calculated annually by the US Department of Housing and Urban Development (HUD)
for the regional area which contains the Town of Rhinebeck (which are available through
the Dutchess County Planning and Development Department).
f. Community Trust Fund. A fund administered by the Town Board into which shall be
deposited Affordable Housing Fees and Affordable Housing in Lieu of Fees, as provided
herein, to be used for the purchase, support and/or development of affordable housing at
locations within the Town, and to further the Town's affordable housing goals.
g. Inclusionary Housing Unit. An affordable housing unit built in conjunction with market
rate housing.
h. Affordable Housing Plan (Preliminary). A plan to be submitted to the Planning Board by
the applicant for Subdivision or development, to be reviewed by the Planning Board and
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:
in the VG, TND or Senior Housing Floating Districts shall meet their affordable housing
requirements only by construction of the affordable housing units within the development
or Subdivision.
c. Alternatives for Development in Other Districts. Applicants for such residential
developments or subdivisions in any other district may, at their option, subject to the
approval of the Planning Board, meet their affordable housing obligations as follows:
i. By building the affordable housing units on site; or
ii. The Town Board may accept, in its sole discretion, donations of land in fee simple on
or off site which the Town Board determines, in its sole discretion, is suitable for the
construction of inclusionary housing units. The value of the donated land shall have a
value equal to, or greater than, the cost of construction of inclusionary housing units
on site. The Town Board may require, prior to accepting such land in satisfaction of
the requirements of this subsection, that the applicant submit appraisals of the land in
question, as well as other documentation and data relevant to the determination of
equivalent value; or
iii. By payment of an Affordable Housing In Lieu of Fee as set forth in Article V, Section
CC(4)(d) to the Community Trust Fund; or
iv. By construction of affordable housing units at another project site elsewhere in the
Town; or
v. By utilizing a combination of (i) through (iv).
d. Affordable Housing In Lieu of Fee. The Affordable Housing In Lieu of Fee shall be
determined by the Town Board and set forth in a schedule contained in a local law. The
schedule shall be developed by the Town Board, in consultation with the Affordable
Housing Committee and Planning Board. The schedule created by the Town Board shall
take into account the recommendations contained in the OSAHIP. The Town Board shall
review and, if necessary, update the schedule each year. The In Lieu of Fees to be paid by
the applicant shall be set by the Planning Board, and included in the Final Affordable
Housing Plan. The In Lieu of Fee shall be paid at the time of final approval of the
application. Alternatively, the applicant may elect to pay the In Lieu of Fee at the time of
the application for the first building permit in conjunction with a residential development
or Subdivision, or at the time of the sale of the first lot or lots within the Subdivision,
whichever shall occur first. If payment is not made within a period of two (2) years after
final approval by the Planning Board of the application, the Planning Board shall
recalculate the In Lieu of Housing Fee utilizing the then current schedule of the Town
Board. In no event, however, shall payment of the fee be deferred for more than three (3)
years after final approval of the application.
e. Density Bonuses.
i. For Additional Affordable Units. The Town Board may enact, by local law, a density
bonus system in prescribed districts whereby density bonuses are awarded to applicants
based upon a sliding scale proportionate to the amount of additional affordable
housing provided beyond the twenty (20%) percent base obligation.
ii. Density Bonuses for Targeting Lower Income Individuals. The Town Board may also
enact by local law in prescribed districts a system of density bonuses in prescribed
districts for developments or subdivisions which provide a significant number of
affordable housing units in addition to the base affordable housing unit requirement,
which are set aside for households earning up to fifty (50%) percent of the AMI.
iii. Density Bonuses for Additional Affordable Units Combined with Public Trails and/or
Open Space. The Town Board may also, by local law in prescribed districts, provide for
a system of density bonuses for developments that include, in addition to additional
construction affordable housing units beyond the base requirements, as required by
this section, trails and open space accessible to the public.
iv. Developmental Procedures. These density bonus systems shall be developed by the
Town Board with due consideration of the recommendations contained in the
OSAHIP, and after consultation with the Affordable Housing Committee, and the
Planning Board. The Density Bonus systems shall be reviewed, and if necessary
amended, by the Town Board on an annual basis. Such review and amendment
process shall include consultation with the Affordable Housing Committee and
Planning Board.
5. Inclusionary Housing Requirements for New Developments and Subdivisions of Four (4) or
Fewer Units or Lots.
a. Construction of Affordable Housing Units in the VG, TND or Senior Housing Floating
District. For any such residential development in the VG, TND or Senior Housing
Floating District, twenty (20%) percent of the total units in such development or
Subdivision shall be affordable housing constructed on site.
b. Construction of Affordable Housing Units in Other Districts. For any such residential
development in any other district, the applicant may meet his affordable housing
requirements by construction of the twenty (20%) percent affordable housing units on site,
or alternatively, by paying an Affordable Housing Fee as set forth below.
c. Affordable Housing Fee. The Town Board shall determine the Affordable Housing Fee for
developments by local law utilizing a graduated fee schedule with due consideration of the
recommendations set forth in the OSAHIP. The fee schedules shall be developed by the
Town Board after consultation with the Affordable Housing Committee and Planning
Board, and shall be updated by the Town Board on a periodic basis, but no less than every
two (2) years. The fee schedule shall be a graduated fee schedule increasing with the size of
the Subdivision or development. For subdivisions, the fee shall be based on the fair market
value of the land. For developments, the fee shall be based upon the total estimated fair
market value of the development as completed. The Fee Schedule shall be determined in
consideration of the recommendations set forth in the OSAHIP. The Town Board shall, at
the time it develops the fee schedule, prescribe procedures to be followed for the
imposition of the fee on a case by case basis and the payment of those fees.
6. Affordable Housing in the TND District.
a. Mandatory Development. All developments within the TND District shall provide
inclusionary affordable housing dwelling units equal to no less than twenty (20%) percent
(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:
district employees; veterans; persons employed in the Town of Rhinebeck; and residents of
the Town of Rhinebeck for a period of no less than three (3) years. This ranking system
shall be developed by the Town Board in consultation with the Affordable Housing
Committee, and the Planning Board. The ranking system criteria shall be reviewed
periodically and amended, if necessary, by the Town Board, but no less than every two (2)
years.
d. No Eligible Applicants. In the event that there are no eligible applicants for affordable
housing by application of the selection criteria, the Town Board may provide by local law or
resolution, after consultation with the Affordable Housing Committee and Planning
Board, for the rental of the affordable housing unit on a temporary basis at market rate.
11. Initial Sale and Resale of Affordable Housing Units.
a. Calculation of Initial Sales Price. Maximum sales price shall be set by a schedule prepared
by the Town Board by local law or resolution and reviewed, and amended, as necessary on
an annual basis after review of relevant information that may be provided by federal, state
and county housing agencies, as well as the Town Board, Planning Board and Affordable
Housing Committee. The initial sales price of a unit shall be calculated such that the
annual cost of the sum of mortgage principal and interest, taxes and insurance and
common charges, as applicable, shall not exceed thirty (30%) percent of the maximum
family income allowed for such unit as provided in this Section. Maximum sale prices shall
be established in a manner to insure that eligible households shall have sufficient income
to qualify to purchase such units.
b. Resale of Affordable Housing Units. The Town Board shall establish, by local law or
resolution, procedures for the resale of the affordable housing to insure that the units
remain affordable in perpetuity while allowing for a limited equity appreciation for the
homeowner. In developing these procedures and criteria, the Town Board shall consult
with the Planning Board and the Affordable Housing Committee and shall give due
consideration to the recommendations contained in the OSAHIP.
c. Deed Restrictions. The original deed and any subsequent deeds or instruments used to
transfer title to an affordable housing unit shall include a provision indicating that the
housing unit is an affordable housing unit in perpetuity subject to restrictions on
occupancy and resale. The language to be employed in such deed shall be established by
the Town Board by local law or resolution after consultation with the Planning Board and
Affordable Housing Committee.
12. Initial Lease and Renewals of Affordable Housing Rental Units.
a. Calculating permissible rent. Maximum monthly rent, including utilities (such as heat, hot
water and electric), shall be set by local law or resolution of the Town Board after
consultation with the Affordable Housing Committee and Planning Board for each type of
rental unit (studio, 1 bedroom, 2 bedroom, etc.), for each household size, and shall be
amended from time to time after review of relevant information that may be provided by
federal and state housing departments, development community and the Affordable
Housing Committee and Planning Board. Rent for an affordable housing unit shall
include an estimated cost for utilities and shall not exceed thirty (30%) percent of the
maximum family income allowed for such unit. Maximum rent shall be set in such a
manner that the eligible households with have sufficient income to qualify to rent such
units.
b. Lease Terms and Renewal. Applicants for affordable housing rental units shall, if eligible
and selected for occupancy, sign leases for an initial term of one year. As long as the
household remains eligible and has complied with the terms of the lease, the household
shall be offered a one-year renewal every year. If at the time of renewal the household's
annual gross income exceeds the maximum income limit as set by the Town Board, such
household shall be offered a market rate rental unit in the development, if available. If no
such unit is available at a rental price that the household can afford, the household may
renew the lease at the affordable housing rental rate for one more year, subject to the
condition that should a market-rate unit become available, the household shall be required
to move to such unit. At the end of the lease for such additional year, the household shall
have no further right to reside in the affordable housing unit at the restricted affordable
housing rent. At that time, the landlord shall have the option of increasing the rent of the
unit to a market rate, provided that the landlord makes a comparable unit available to
another eligible household at the restricted affordable housing rental rate.
c. Town Board Review. All lease terms shall be reviewed and approved periodically by the
Town Board in consultation with the Affordable Housing Committee and Planning Board.
d. Additional Criteria and Procedures. The Town Board shall prescribe such additional
procedures and criteria, by local law or resolution for the lease and renewals of affordable
housing rental units as in its discretion it determines appropriate after consultation with
the Planning Board and Affordable Housing Committee.
13. Maintenance, Upkeep and Repairs.
a. Satisfactory Maintenance. All affordable housing units shall be maintained in a
satisfactory manner as prescribed by the Town Board and/or by the Affordable Housing
Committee. Neither owners nor renters of affordable housing units shall make any
improvements which require a building permit without prior written permission from the
Town Board or Affordable Housing Committee. Under no circumstances shall the Town
Board or any agency or department approve any addition in size to the structure. The
original square footage of the unit shall be maintained throughout the unit's existence.
b. Builder's Specifications. All affordable housing units shall be maintained at least at the
original builder's specifications level. At the time of resale, the Town Board may determine
that the unit has not been properly maintained and shall be authorized to impose such
assessments as necessary to reasonably return the unit to its original condition. Said
assessment shall be deducted from that portion of the selling price reverting to the seller of
the unit.
14. Period of Affordability.
All affordable housing units shall remain affordable in perpetuity.
15. Tax Assessment.
The Town Assessor shall consider the limited resale value of affordable housing units when
determining the appropriate assessment on such units.
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.
found and determined that there has been a substantial failure to comply with any of the terms,
conditions, limitations and requirements imposed by said Permit.
12. Amendments to Special Use Permits. The terms and conditions of any Special Use Permit
may be amended in the same manner as required for issuance of a Special Permit, following the
criteria and procedures of this Subsection.
13. Integration of Procedures. Whenever a particular application requires both the consideration
of a Special Use Permit and Site Plan review and approval by the Planning Board, the Planning
Board shall integrate, to the extent practicable and consistent with applicable law, Special Use
Permit review, as required by this Section, with the Site Plan review and approval process. Such
integration of procedures may require, upon mutual written consent of the Planning Board and
applicant reasonable modification of the time schedules otherwise stated in this Section or in
Article VII, as related to Site Plan review and approval.
14. Relief from Decisions. Any person or persons jointly or severally aggrieved by any decision of
the Planning Board on a Special Use Permit application may apply to the Supreme Court of
the State of New York for relief through a proceeding under Article 78 of the Civil Practice
Laws and Regulations of the State of New York. Such proceeding shall be governed by the
specific provisions of Article 78, except that the action must be initiated as therein provided
within thirty (30) calendar days after the filing of the Board’s decision in the Office of the
Town Clerk.
C. General Standards.
The Planning Board shall carefully review the specific requirements set forth in this Article for the
Special Permit Uses, the applicable supplementary regulations enumerated in Article V of this
Zoning Law, and the following general standards for any use requiring Special Use Permit
authorization by the Planning Board:
1. The location and size of the use, the nature and intensity of the operations involved, the size of
the site in relation to the use, and the location of the site with respect to existing and future
streets and roads providing access, shall be in harmony with the orderly development of the
district.
2. The location, nature and height of the buildings, walls and fences and the nature and intensity
of the intended operations, will not discourage the appropriate development and use of
adjacent land and buildings nor impair the value thereof.
3. All proposed traffic access ways shall be adequate but not excessive in number, adequate in
width, grade, alignment and visibility, be sufficiently separated from street intersections and
places of public assembly, and meet similar safety considerations.
4. Adequate provision for safe and accessible off-street parking and loading spaces shall be
provided to avoid parking in public streets of vehicles or persons connected with or visiting the
use except in the Traditional Neighborhood, Village Gateway and other priority growth districts
where on-street parking is encouraged. With the exception of single family detached dwellings,
shared parking is encouraged where the peak parking demands of different uses occur at
various times of the day. Use of a widely accepted means of projecting demand for shared use,
such as the Urban Land Institute’s Shared Parking report, shall be employed to demonstrate
shared parking effects.
5. All parking and service areas shall be screened at all seasons of the year from the view of
adjacent residential lots and streets or roadways and the general landscaping of the site shall be
in character with that generally prevailing in the neighborhood. Such landscaping shall include
the preservation of existing trees to the maximum extent practicable. Roadside plantings shall
be in accordance with the Town’s design standards as outlined in Article V, Sections U and W
herein and with the recommendations of the Town’s Design Standards, on file in the Office of
the Town Clerk and Appendix A of this Zoning Law.
6. All proposed buildings, structures, equipment and/or material shall be readily accessible for
fire, emergency services and police protection.
7. The character and appearance of the proposed use, buildings, structures, lighting, and/or
outdoor signs shall be in general harmony with the character and appearance of the
surrounding neighborhood. These shall not be more objectionable to nearby properties by
reason of noise, fumes, vibration or light than would the operations of any permitted principal
use. In addition, they shall not adversely affect the general welfare of the inhabitants of the
Town of Rhinebeck, such determination to be made by the Town Planning Board.
8. Except for pre-existing non-conforming lots of record, the use shall meet the prescribed area
and bulk requirements for the district in which it is located and as further specified in the
supplementary regulations, including but not limited to setbacks, maximum height,
environmental and open space standards, required off-street parking, lighting, noise, and sign
regulations.
9. The level of municipal and other services required to support the proposed activity or use is, or
will be, available to meet the needs of the proposed activity or use. This consideration shall
include the suitability of water supply and sanitary sewage facilities to accommodate the
intended use, and protection from pollution of surface or groundwater.
10. The proposed use shall not have an unmitigated significant adverse environmental impact as
defined by the New York State Environmental Quality Review Act (SEQR). Such
determination shall be made by the Town Planning Board or other designated lead agency.
11. The use shall be designed and shall be carried out in a manner that protects historic and
natural environmental features on the site under review and in adjacent areas, such
environmental recommendations to be made by the Town’s Conservation Advisory Council or
Conservation Advisory Board and such historic recommendations to be made by the Town
Historian.
12. The use shall be consistent with the Town’s Comprehensive Plan, Design Standards, Local
Waterfront Revitalization Plan and other applicable planning documents adopted by the Town.
13. In its review of Special Permit Uses, the Planning Board shall take into consideration the
statement of policies and principles as well as the illustrated guidelines of the Hudson River
Valley Greenway, as described in Greenway Connections, a copy of which is available in the Town
Clerk’s Office and on the Internet at http://www.co.dutchess.ny.us/CountyGov/
Departments/Planning/ELPgreenwayguide.htm#greenway.
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.
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:
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 without
encroaching on any required yard or setback area. For new construction, all on-site
parking, whether provided in a garage or consisting of surface parking in a driveway, shall
be set back at least ten (10) feet from the front façade of the principal dwelling.
i. Approval has been granted by the Dutchess County Department of Health for any required
on-site sanitary or water supply system, or, as may be applicable, a determination that the
existing on-site water supply and sewage disposal facilities are sufficient to accommodate
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 RM1
zoning district in Article IV, “District Schedule of Area and Bulk Regulations” and in all
other Zoning districts where detached accessory dwellings are permitted by Special Use
Permit on a lot in conformance with Article IV, the “District Schedule of Area and Bulk
Regulations.” If created either through new construction or by conversion of an accessory
structure which did not legally exist on the premises on or before the effective date of the
Zoning Law, the Site Plan shall contain a note that no further subdivision of the lot shall
be permissible.
g. Additional accessory dwelling units, up to a total of four dwelling units on a single
residential premises (i.e. one principal dwelling and a total of three accessory dwelling
units), not more than one of which may be located within the principal dwelling, may
occur by conversion of an accessory structure or structures legally existing on the premises
on or before the effective date of the Zoning Law, provided that the lot meets the minimum
required lot area for the density sought, as specified for the Zoning district in Article IV,
“District Schedule of Area and Bulk Regulations.” For example, in the RC6 District, a lot
containing a total of three dwelling units (i.e. one principal dwelling and two accessory
dwellings) would require nine (9) acres (net density) and a total of four dwelling units
would require twelve (12) acres (net density).
h. If more than two (2) dwelling units are proposed to exist on a single residential premises,
Site Plan review and approval shall be required in accordance with Article VII of this
Zoning Law.
i. If four (4) dwelling units are proposed to exist on a single residential premises, at least one
(1) unit shall be set aside as affordable, as defined and regulated under the Town of
Rhinebeck Affordable Housing program found in Article V, Section CC of the Zoning
Law.
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 required
on-site sanitary or water supply system, including, as may be applicable, a determination
that the water supply and sewage disposal facilities are adequate to accommodate the
additional demands of the accessory dwelling unit(s).
n. If the lot containing three or four dwelling units is later subject to an application for
subdivision approval, then the principal dwelling and the accessory structure(s) housing the
accessory dwellings shall occupy an area that could be legally subdivided with the specified
bulk regulations for the Zoning district, as prescribed in Article IV, “District Schedule of
Area and Bulk Regulations.”
o. A detached accessory dwelling unit created by new construction should appear related to
the principal dwelling and resemble a garage or gatehouse or other traditional rural
structure.
6. Elder cottage housing opportunity (ECHO) unit or cottage housing unit provided:
a. The principal dwelling on the premises is owner-occupied.
b. No more than one (1) ECHO unit or cottage housing unit is permitted on a lot unless.
c. There shall be no further subdivision of any lot containing an ECHO unit or a cottage
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:
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 was
lawfully in existence on the effective date of the Zoning Law.
b. Except for the TND District, for a house of worship proposed on a lot to be subdivided
from a parent parcel, the minimum lot size shall be as specified for the applicable Zoning
district in Article IV, the “District Schedule of Area and Bulk Regulations.”
11. Reserved.
viii. Minimum setback from any adjoining residential property – 250 feet.
ix. Maximum permitted building coverage -- 15% of lot area.
x. Maximum permitted impervious coverage -- 35% of lot area.
xi. Maximum permitted building height -- two (2) stories not to exceed thirty (30) feet.
This limitation shall not apply to customary and typical roof top appurtenances so long
that they do not exceed twelve (12) feet above the roof surface and cover no more than
twenty (20) percent of the roof surface of such building. In addition, spires, belfry,
domes, crosses, cupolas and other like religiously significant architectural elements are
permitted to exceed the building height by fifty (50) percent or twenty (20) feet,
whichever is less.
xii. Minimum separation between buildings:
(a) Side to side -- twenty (20) feet.
(b) All other building combinations -- sixty-five (65) feet.
f. Design Requirements:
i. The Applicant shall prepare and receive Planning Board approval for a landscaping
plan addressing the following subjects:
(a) Buffer Area. Landscaping within the required setback areas to visually screen the
Educational Institution from residential uses that are within the line of sight of the
Institution.
(b) All portions of an Educational Institution not used for impervious surfaces shall
be attractively landscaped or left in a natural condition.
ii. Conservation Design/Open Space. To the maximum extent practicable, consideration
shall be given to the preservation of open space. The Planning Board shall have the
full authority to require the Applicant to submit the documents required by Article V,
Section I(7) of the Zoning Law for the conservation subdivision design process where a
property exhibits one or more of the sensitive features set forth in Article V, Section
I(4)(c) of the Zoning Law.
(a) Usable Open Space. The Educational Institution shall include at least one area of
distinctive design to create a visual focal point or area of interest for use by the
students, staff, and faculty of such Institution. The Usable Open Space shall be
linked to the on-site pedestrian walkway network.
(b) Pedestrian Walkway Network. A comprehensive integrated pedestrian walkway
system shall be developed for each Educational Institution. Concrete sidewalks
shall be no less than six (6) feet in width when constructed along the side of an
interior roadway or driveway. Other elements of the pedestrian walkway system
shall be sized to accommodate anticipated pedestrian demand. Minor service
driveways, roadways and streets with average daily traffic less than 250 vehicles are
exempt from providing a sidewalk.
(c) Lighting. Outdoor lighting shall be limited to that necessary for operational
reasons, shall be so designed as to be compatible with surrounding land uses and
July 2008 Draft Article VI.19
Special Use Permit Requirements
shall be in full compliance with the requirements of Article V, Section V, the Town
Lighting Regulations. The Applicant shall provide a lighting plan showing that
exterior lighting will not be directly visible beyond the boundaries of the property
line. Any lighting shall be directed away from adjoining streets and properties, and
shall be arranged as to reflect the light away from any adjoining properties and
abutting streets, highways and roads.
(d) Noise. Noise-producing equipment and/or uses shall be sited and/or insulated to
prevent any detectable increase in noise above ambient levels as measured at the
property line in accordance wth the Town Noise Regulations ay Article V, Section
X. Public address systems shall be absolutely prohibited.
(e) Playing Fields. Outdoor playing fields shall be set back from neighboring streets
and property lines a minimum of 250 feet and shall be screened from public view
with fencing and/or buffer landscaping.
(f) Utilities. All utilities shall be installed underground or within buildings.
(g) Parking and Internal Roadway Requirements:
(i) All on-site streets, roadways, driveways and parking areas are to be edged with
curb and constructed according to the Town’s design standards.
(ii) On-site parking requirements shall be determined for each specific component
use contained within an Educational institution and then summed to
determine the minimum number of required parking stalls. Parking shall be
provided in full accordance with the Off-street parking and loading standards
contained in Article V, Section B.
(h) Health and Safety Considerations:
(i) Sewer. Each Applicant proposing to construct an Educational Institution
shall either secure Dutchess County Health Department approval for a
subsurface septic disposal system or connect into an approved centralized
wastewater treatment system.
(ii) Water. Each Applicant proposing to construct an Educational Institution
shall supply a potable water delivery system capable of meeting both the
domestic water and emergency fire fighting needs of the facility.
(iii) Sprinkler. Fire protection must be provided by a sprinkler system throughout
each building in the Educational Institution, regardless of whether such
building(s) is an existing structure or new construction.
(i) Housing. Housing shall only be permitted as an accessory use to an Educational
Institution. No housing unit shall exceed 2-bedrooms, except for dormitory
housing. Each housing unit constructed in association with and as part of an
Educational Institution shall be limited in occupancy to Full-Time Students or
Full-Time Staff.
(i) For the purposes of this Section Full-Time Students shall be defined as
students who are enrolled for no less than fifteen (15) hours of instruction per
week.
nine hundred (900) feet from any property boundary, public trail or public park, public or
private road, public right-of-way, or publicly maintained road, or such greater distance as
may be specified by the New York State Environmental Conservation Law, other applicable
laws or regulations, or to mitigate environmental impacts, such as lead abatement, under
SEQR.
g. Except as may be further restricted by the Planning Board in its consideration of a specific
application for a Special Use Permit, hours of operation for the discharge of firearms at any
rod and gun club authorized under this subsection shall be limited to the period from 9:00
AM through 6:00 PM on weekdays or Saturday or prior to 12:00 PM or after 6:00 PM on
Sundays and State and Federal holidays. No club activities involving discharge of firearms
shall occur before sunrise and after sundown.
h. Sound levels measured at the property boundaries of a rod and gun club shall not exceed
the Town of Rhinebeck Noise Control Regulations found in Article V, Section X of this
Zoning Law. Additional measures, such as berming, may be required to control noise.
i. In its review of a rod and gun club Special Use Permit, the Planning Board may be guided
by, but shall not be bound by, the recommendations of The NRA Range Source Book: A
Guide to Planning & Construction, published by the National Rifle Association of America or
by State regulations and guidelines.
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 problems
as noise, public safety and diminution of property values. The Planning Board shall, as a
condition of each Special Use Permit issued for a rod and gun club, require that the Zoning
Enforcement Officer, on an annual basis, inspect the rod and gun club operation and
report back to the Planning Board with regard to the permit holder’s compliance with the
provisions of this Article, any Special Permit conditions imposed and the requirements of
the Site Plan approved by the Planning Board. Such restrictions and safeguards may
include, but shall not necessarily be limited to, the following:
i. Increased limitations on hours of operation and discharge of firearms.
ii. Increased setback requirements for certain activities involving the discharge of firearms.
iii. Requirement of vegetative screening, buffering and/or berming of target, skeet and
trapshooting ranges and other rod and gun club activities involving discharge of
firearms.
iv. Limitation or prohibition of certain activities involving discharge of firearms.
v. Prescribed siting, configuration or orientation of activities involving discharge of
firearms and/or storage of ammunition.
vi. Requirement that boundaries or a portion of the boundaries of the club property be
enclosed in a prescribed manner.
vii. Limitations of the number of club members.
viii. The requirement of additional inspections of the property and operation by the
Zoning Enforcement Officer with reports back to the Planning Board.
p. In addition to those materials required by Article VI, Section C and Article VII, Section C
of this Zoning Law to be submitted with any application for a Special Use Permit and Site
Plan approval respectively, an applicant for a rod and gun club Special Use Permit shall
submit the following additional materials:
i. A declaration as to the nature and extent of the proposed rod and gun club operation.
ii. A description of all proposed club activities, including those which involve the
discharge of firearms.
iii. Copies of the written membership qualifications, constitution and bylaws for the rod
and gun club.
iv. The Site Plan materials required by Article VII, Section C shall additionally include
the location of all target shooting, skeet shooting and trapshooting ranges and other
activities involving the discharge of firearms.
v. A statement outlining the proposed hours of operation for all club activities and the
proposed membership qualifications and number of members anticipated.
vi. Any other information or documentation requested by the Planing Board deemed
necessary to assist in its decision-making process.
18. Not-for-profit membership club, provided.
a. The membership club is located on a lot meeting the minimum requirements of the
District Schedule of Area and Bulk Regulations for the district, but in no case shall the lot
be less than three (3) acres.
b. No building or parking area shall be located closer than one hundred (100) feet to any side
or rear lot line.
c. Specific plans for public address systems and/or lighting for outdoor recreational facilities
shall be submitted to and approved by the Planning Board, including the specific hours of
operation for such facilities. Approval shall be preceded by a clear demonstration by the
owner and/or operator that the features are both essential and will create no adverse effect
on neighboring residential properties
19. Children’s camp or adult day camp, provided:
a. Minimum lot area shall be fifty (50) acres.
b. No activity area, recreational facility, building or other structure shall be closer than one
hundred (100) feet from any residential property boundary.
c. Water supply and sewage disposal facilities shall satisfy all applicable requirements of the
Dutchess County Health Department.
d. Copies of all licenses, permits or approvals from other State and local agencies shall be
presented to the Planning Board for review prior to approval.
e. Specific plans for public address systems and/or outdoor lighting shall be submitted to and
approved by the Planning Board, including the specific hours of operation for such
facilities. Approval shall be preceded by a clear demonstration by the facility owner and/or
operator that the features are both essential and will create no adverse effect on
neighboring residential properties and will be in compliance with the Town of Rhinebeck
Noise Regulations at Article V, Section X.
f. An application for a Special Use Permit to operate a children's camp or adult day camp
shall be made at least ninety (90) days before the first day of operation. The application
shall include a written health and safety plan in accordance with applicable State and
County agency requirements. The plan shall be reviewed annually by the camp operator,
and submitted annually to the Zoning Enforcement Officer, to maintain compliance with
the Special Use Permit.
g. Adequacy of on-site parking for staff, campers and visitors shall be demonstrated.
20. Building material supply and sales including lumberyard, in the TND District, provided:
a. Minimum lot area shall be five (5) acres.
b. All material storage shall occur in wholly- or semi-enclosed (i.e. roofed) structures. There
i. The exterior of existing houses, barns and related structures shall be restored whenever
feasible. For historic buildings within the Hudson River National Historic Landmark
District or structures or sites listed on the National Register of Historic Places,
compliance with Article 5, Section BB, the Town Historic Buildings Protection
regulations shall be required. Consideration shall be given to quality of original
architecture and subsequent modifications, current condition and relationship of the
structures to the overall property or area when considering the feasibility of restoration
as determined by the Planning Board.
ii. Formal and informal landscaping, stone wall and entrance gates shall be restored
whenever feasible as determined by the Planning Board.
iii. New construction shall be sited so as to have a minimum impact on fields, water
features and woodlands. Major regrading, clear cutting or changing of topography
shall not be permitted.
iv. Use of the Site Plan Design Criteria found in Article VII, Section D is mandatory for
conference centers, in addition to all other applicable requirements of the Zoning Law.
v. Access shall be from a State highway.
c. The maximum floor area shall not exceed five percent (5%) of the land included in the
project proposal.
d. Unique natural areas and open spaces such as bays, streams, ponds, marshes, steeply sloped
areas, woodlands, etc., shall be preserved.
e. The development shall be found to be in harmony with the Town Comprehensive Plan.
f. The minimum lot area shall be one hundred (100) acres for the first 40 guest rooms, plus
an additional two and one half (2 1/2) acres for each additional guest room. The
maximum number of rooms in a conference center shall be 80.
g. Specific plans for public address systems, amplified music, and/or outdoor lighting shall be
submitted to and approved by the Planning Board, including the specific hours of
operation for such facilities. Approval shall be preceded by a clear demonstration by the
facility owner and/or operator that the features are both essential and will create no
adverse effect on neighboring residential properties and will be in compliance with the
Town of Rhinebeck Noise Regulations at Article V, Section X. The specific plans for
public address systems, amplified music, and/or outdoor lighting shall be subject to such
additional restrictions deemed appropriate by the Planning Board.
23. Delicatessen, as defined in Article XIII of the Zoning Law, provided:
a. The maximum gross floor area shall not exceed two thousand (2,000) square feet.
b. Delicatessens shall not dispense or sell fuels to the motoring public.
c. Delicatessens shall:
i. Provide an enclosed trash dumpster for disposal of stock packings removed by store
employees, and trash receptacles for customer use on the premises;
ii. Maintain no outdoor displays of merchandise;
j. No inoperative motor vehicle shall be kept on the premises for longer than fourteen (14)
calendar days, except in instances where necessary repair parts have been ordered and
delivery is awaited or wherever legal title is needed for removal (abandoned vehicles).
k. In addition to other landscaping requirements established by this Zoning Law, suitable
year-round buffering and landscaping shall be provided in all rear and side yards through a
mix of deciduous and evergreen plantings.
l. There shall be no outdoor storage or display of either materials or products.
m. No gas station shall be located within one (1) mile of another gas station.
n. Gas stations shall not be accessory to any other use.
26. Hotel or motel provided:
a. The minimum lot area shall be ten (10) acres for the first sixteen (16) guest rooms, plus an
additional six thousand (6,000) square feet of lot area for each additional guest room
provided. The maximum number of guest rooms shall not exceed sixty (60).
b. All uses integral to the hotel or motel development shall either be clearly accessory to the
hotel or motel, as defined within Article XIII of this Zoning Law, or shall be permitted uses
or Special Permit Uses within the Zoning district in which the hotel or motel development
is proposed.
c. Integral accessory uses shall generally be limited to the following:
i. Meeting rooms;
ii. Restaurant (excluding a formula food establishment as defined in Article XIII) and
dining facilities serving either guests exclusively or the general public, provided that no
music or other objectionable noise shall be audible beyond the boundaries of the lot
on which the use is constructed;
iii. Recreational facilities, such as swimming pools and tennis courts;
iv. Small personal service/retail shops fully within the hotel or motel and selling
newspapers, magazines, tobacco, small gifts, and similar items; and
v. One resident apartment.
d. Maximum structure coverage, including all principal and accessory structures, shall not
exceed fifteen percent (15%) of lot area or that maximum lot coverage stated in the Article
IV “District Schedule of Area and Bulk Regulations,” whichever is more restrictive.
e. The minimum setback for any structure, parking lot or other outdoor facility from any
property line adjacent to a residential Zoning district shall be one hundred (100) feet.
f. The minimum frontage of the site on a public highway shall be four hundred (400) feet.
27. Public stable/riding academy provided:
a. Minimum lot area shall be five (5) acres.
b. The maximum number of horses permitted shall be limited to the keeping of one (1) horse
per acre of lot area.
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 habitats
such as meadows and woodlands, scenic viewsheds, rural character, historic structures,
water quality and other natural and cultural resources as stated in the Town’s Comprehensive
Plan.
29. Auto rental or sales and large equipment rental or sales, provided:
a. The additional standards stated in Article VI, Section D(25) of this Zoning Law for gas
stations or automobile service facilities shall be strictly met.
b. Displays used to advertise the sale of an auto or for general sales events shall be limited to
one dealer/manufacturer informational sign per auto no larger than eight and one-half (8
!) inches by eleven (11) inches in size.
30. Special Use Permit required for certain uses in the Hamlet of Rhinecliff.
a. All uses subject to issuance of a Special Use Permit within the Rhinecliff Hamlet (Rc-H),
Rhinecliff Business (Rc-B), and Rhinecliff Overlay (Rc-O) districts are subject to the
additional requirements of Article VI, Section F.
b. All uses subject to issuance of a Special Use Permit within the Rhinecliff Hamlet
Transition (Rc-HT) District are subject to the additional requirements of Article VI,
Section G.
31. Contractor’s yard or establishment, provided:
a. Within any residential district where a contractor’s yard or establishment is permitted by
Special Use Permit, such use shall be clearly accessory and incidental to the principal
residential use of the premises and shall occur wholly within enclosed structures similar in
scale and appearance to residential structures, barns or agricultural structures. No
employees shall routinely work at the premises.
b. Within any residential or non-residential district, such use shall be located on a site with a
minimum area of ten (10) acres.
c. The applicable screening requirements set forth in Article V(N) of this Zoning Law are
strictly met.
d. Unenclosed or semi-enclosed activity by a contractor’s yard or establishment may be
authorized only within a non-residential Zoning district. No such use shall occur within
any required yard area as set forth in the “District Schedule of Area and Bulk Regulations”
nor closer to the front property line than the principal building on the premises. All
vehicle maintenance, material storage and any fabrication or related activities shall occur
within wholly-enclosed structures.
e. To the extent deemed necessary for the protection of public health and safety, link or
similar fencing of any unenclosed or semi-enclosed activity area may be required by the
Planning Board.
f. Processing of materials is prohibited on the site.
g. Retail sales are prohibited on the site.
32. Extractive operations and soil mining in the Mining Overlay District, provided:
a. The proposed operation is consistent with the Town’s Comprehensive Plan.
b. Minimum site area shall be ten (10) acres.
c. The extractive operation or soil mining activity shall be restricted to the removal of stone,
gravel, soil, shale, topsoil, sand or other natural unconsolidated earthen material. No stone
crushing or the mixing of stone and gravel with asphaltic oils or other binders shall be
authorized. Materials shall not be imported from other locations to the site for processing
or resale.
d. All applicable provisions of the New York State Mined Land Reclamation Law and other
State and Federal regulations shall be fully complied with.
e. Ingress and egress to town roads shall be controlled by the town.
f. Routing of mineral transport vehicles on town roads shall be controlled by the town.
g. Fees for the Special Permit and Site Plan approval and an inspection fee based upon the
proposed annual yield in cubic yards shall be payable in accordance with the standard
schedule of fees of the town of Rhinebeck.
h. The New York State Mined Land Reclamation Law establishes that the state is responsible
for the regulation of both mining and reclamation for operations that extract 1000 tons or
750 cubic yards or more of a mineral during twelve successive calendar months. State
regulation begins at 100 cubic yards for mining from a water body. The New York State
Department of Environmental Conservation (DEC) is the entity responsible for
administering the permits for mining applications of this magnitude. It is the Town's
intent to provide input on the conditions that should be included in DEC mining permits
issued for operations located within the Town of Rhinebeck and to assist in the
enforcement of any resulting DEC mining permit conditions, as permitted by the State's
Mined Land Reclamation Law.
i. The following procedure shall apply for the approval of Special Use Permits for mining
operations requiring a DEC permit, not previously approved:
July 2008 Draft Article VI.31
Special Use Permit Requirements
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
July 2008 Draft Article VI.33
Special Use Permit Requirements
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.
vi. The Town Board shall consider the effects of establishing a Senior Housing District on
the Town’s standard and green infrastructure, community facilities and services,
schools, environmental quality, economic development, and transportation.
vii. The Town Board shall seek to minimize economic and age stratification of the
community by promoting infill housing that encourages compatibility of senior
housing developments with existing housing stock.
viii. The Town Board shall consider the extent to which senior housing developments have
not only good immediate utility, but also represent a long-term value-added investment
to the neighborhood and the community.
b. Application procedures for approval of a senior citizen or elderly housing development are
set forth herein at Subsection D(37)(s) below.
c. The development area required shall be a minimum of eighty (80) contiguous acres within
the HP20 District, forty (40) contiguous acres within the RA10 District, and twenty (20)
contiguous acres within the RC6, RL5 and VG districts.
d. The site shall be provided with water supply and sewage disposal facilities, through creation
of new or connection/expansion (as appropriate) of existing community water supply and
sewage disposal facilities in accordance with the requirements of the Town of Rhinebeck,
the Dutchess County Department of Health and the New York State Department of
Environmental Conservation. The applicant shall bear the full responsibility of providing
for the water supply and sewage disposal needs of the development.
e. The maximum number of dwelling units shall not exceed a gross density of two (2)
dwelling units per acre, as defined in Article XIII. The development shall be designed and
clustered following the four-step design process for conservation subdivisions found in
Article V, Section I(7)(c) of the Zoning Law, to provide a conveniently- serviced
development pattern and to provide usable open space for the development’s residents.
The Town Board shall prescribe the minimum amount of open space for each Senior
Housing Floating District created, but in no case shall there be less than 50 percent open
space within any senior housing development as defined herein.
f. The maximum number of dwelling units within an individual senior citizen or elderly
housing development shall be one hundred and twenty (120) dwelling units. A minimum
of 20 percent of such dwelling units shall be permanently dedicated as affordable housing,
as defined and regulated under the Town of Rhinebeck Affordable Housing program found
in Article V, Section CC of the Zoning Law.
g. One and two-tenths (1.2) off-street parking spaces shall be provided for each senior citizen
or elderly dwelling unit.
h. The minimum front, side and rear yards otherwise applicable to either building or parking
area improvements with the respective underlying Zoning District in which the senior
citizen or elderly housing development is situated (i.e. prior to establishment of the Senior
Housing-Floating District) shall be doubled, i.e. increased by one hundred percent (100%).
i. Maximum impervious coverage, including all principal and accessory structures- shall not
exceed fifteen percent (15%) of lot area.
j. Senior citizen or elderly housing developments shall be integrated into existing residential
neighborhoods and shall be as compatible as practical with the design of the surrounding
neighborhood.
k. First preference for dwelling units in a senior citizen or elderly housing development shall
be given to existing residents of the Town of Rhinebeck, with second preference given to
other residents of Dutchess County, and then to all others, as permitted by law. A valid
photo identification card such as a New York State Driver's License, a New York State 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 the
Town of Rhinebeck Zoning Law, as to its requirements relating to the number of
occupants and the age of the occupants in each dwelling unit. The Certificate
shall be filed for each dwelling unit within 30 days after its initial occupancy. A
new Certificate shall be filed within 30 days after any change of occupancy.
(c) The applicant and/or owners of a senior citizen or elderly housing development
under this Subsection shall file with the Zoning Enforcement Officer, before the
first Monday in December of each calendar year of operation, a report on forms
supplied by the Zoning Enforcement Officer, for compliance with all provisions of
this section.
iv. Violations of this Subsection are subject to the penalty provisions of Article X, Section
R of the Town Zoning Law.
o. Senior housing sites shall provide residents with reasonable access to such conveniences
and facilities as public transportation, hospital and medical services, shopping, 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 the
application is accepted. The Town Board shall, in exercising its legislative discretion,
take into account, among other things:
(a) The need for additional senior citizen housing development within the Town of
Rhinebeck; and
(b) The potential fiscal, municipal services and other impacts, which may occur as a
result of the creation of additional senior citizen housing development within the
Town of Rhinebeck.
iii. The applicant shall submit to the Town Board a Preliminary Concept Plan that
includes all of the following components:
(a) General Statement. The Preliminary Concept Plan shall include a narrative which
describes how the proposal serves the goals and objectives of the Town
Comprehensive Plan. This narrative should include information about potential
phasing, an explanation of how the proposal complies with the design standards
set forth herein, a description of the housing mix including affordable units and
other proposed uses, and a discussion of compliance with LEED standards.
(b) Environmental Analysis. The Preliminary Concept Plan shall include a map
showing New York State protected freshwater wetlands, Federal jurisdictional
wetlands, Town regulated wetlands, streams, 100 year floodplains, ecologically
significant habitats as identified by Hudsonia Ltd. (maps showing such areas are on
file in the Office of the Town Clerk), areas of 25 percent and greater slope, and
such other environmental features and development limitations that would affect
development of the site as more fully described in Article V, Section I(7) of the
Zoning Law.
(c) Sketch Plan. The Preliminary Concept Plan shall include a sketch plan, showing at
a appropriate level of detail, buildings and other structures, the pedestrian, bicycle,
and vehicle circulation system, vehicle parking areas, open space areas, and other
required items. The sketch plan shall be designed to be an illustrative plan that
can serve as a template for the application of specified design principles in order to
achieve a desired form and appearance of development. The information
provided shall include the following:
(i) All improvements planned in conjunction with the proposed uses including
general locations, layout, and dimensions of structures, parking areas, streets,
utilities, recreation areas, conservation areas, and other information necessary
to demonstrate compliance with the requirements of this Subsection,
including square footage of building floor area, numbers of residential units,
and impervious surface coverage.
(g) Town Board Action. The Town Board shall refer the application to the Dutchess
County Department of Planning and Development, under Section 239-m of
General Municipal Law, prior to taking action on the application. Following
refinement of the Preliminary Concept Plan based upon public participation in its
development, completion of the public hearing, referral to the County, and the
Generic SEQR review process, the Town Board may act to approve, approve with
modifications or conditions, or disapprove the Concept Plan application and
Zoning Map Amendment for the SH-F District in the exercise of its sole legal
discretion. Approval of the Concept Plan application and Zoning Map
Amendment shall be with the recognition that the rezoning constitutes a legislative
act. Nothing in these regulations shall limit the Town Board’s ability to further
restrict or to waive any provision of this Subsection, other than the density
determination and use of the conservation design process for the overall design of
the senior citizen or elderly housing development, which shall not be waived.
(h) Planning Board Approval. Prior to the issuance of any Building Permit within a
SH-F District, detailed Site Plan and Special Use Permit applications shall be
approved by the Planning Board in accordance with the provisions of Articles VI
and VII of the Zoning Law, and no building or other site development shall be
commenced except in conformity with such approved plans and permits.
(i) The Planning Board shall not approve any Special Use Permit for a senior
citizen or elderly housing development unless said Board finds that the use is
in substantial conformance with the Concept Plan which served as the basis
for the Town Board approval.
(ii) The Planning Board shall not approve any Site Plan for a senior citizen or
elderly housing development unless said Board finds that the Site Plan is in
substantial conformance with the Concept Plan which served as the basis for
the Town Board approval of the Senior Housing District Zoning Map
amendment.
38. Country Inn 1, provided:
a. A minimum lot area of 20 contiguous acres is required for a County Inn 1.
b. The minimum number of guest rooms in a Country Inn 1 shall be six (6) and the
maximum number of guest rooms in a Country Inn 1 shall be twelve (12).
c. Accessory recreational uses may include tennis, riding stables (see Article VI, Section D(27)
for additional requirements of a riding facility), swimming pool, hiking trails, Par 3 golf,
cross country skiing and similar low impact facilities.
d. Access to a Country Inn 1 shall be from a State, County or through Town road.
39. Country Inn 2 in the Historic Preservation (HP20) District, provided:
a. A Country Inn 2 within the HP20 District provides commercial hospitality lodgings in
spacious settings that are principally intended for vacationing, relaxation, and conference
activities for visitors to the community. Permitted are tourist lodgings such as hotels and
cottages with commonly incidental recreation oriented uses including a spa facility,
horseback riding, hiking, swimming, tennis and other similar outdoor activities. The Town
of Rhinebeck encourages the provision of hiking trails that provide opportunities for
public use.
b. Facilities that may be contained within the principal hotel building, in addition to
lodgings, include but are not limited to a restaurant, library, reception facilities,
conservatories,health spa, banquet facility, child care to accommodate guests, game rooms,
athletic facilities, business and/or meeting rooms, retail sales incidental to the uses
provided, and the various support functions such as laundries, kitchens and administrative
offices.
c. Accessory buildings may include but are not limited to stables, barns, retreat buildings,
athletic related structures to support permitted outdoor activities and maintenance
structures. Temporary and/or seasonal structures for events require Planning Board
approval.
d. The minimum number of rooms, suites, and/or guest cottages in a Country Inn 2 shall be
fifty (50) and the maximum number of rooms, suites, and/or guest cottages in a Country
Inn 2, whether in the hotel building or other lodgings is 100. Applicants proposing
adaptive reuse and/or rehabilitation of structures listed on the National Register of
Historic Places may be eligible for up to a ten (10) percent bonus in the number of rooms,
suites and/or guest cottages, provided such adaptive reuse and/or rehabilitation complies
with the Secretary of the Interior’s Standards for Rehabilitation and Guidelines for Rehabilitating
Historic Buildings.
e. Primary access shall be from a State Highway. Alternative transportation methods shall be
considered to minimize potential traffic impacts.
f. A minimum lot area of 250 gross acres is required for a Country Inn 2.
g. A golf course is allowed as accessory to a Country Inn 2 by issuance of an additional
Special Use Permit, provided the golf course meets the additional Special Use Permit
conditions in Article VI, Section D(41) herein, but excluding the additional acreage
required for the golf course.
h. No building or parking area associated with the outdoor recreational use shall be located
closer than one hundred (100) feet to any property line or within two hundred fifty (250)
feet of any existing neighboring residence. Any such building or parking area shall be
effectively screened by intervening landform or natural vegetation from all neighboring
properties and public rights-of-way.
i. Specific plans for public address systems and/or lighting for outdoor recreational facilities
shall be submitted to and approved by the Planning Board, which approval must be
preceded by a clear demonstration by the facility owner and/or operator that the features
are both essential and will create no adverse effect on neighboring residential properties.
Such facilities shall comply with the Town’s lighting and noise regulations found in Article
V, Sections V and X.
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
July 2008 Draft Article VI.42
Special Use Permit Requirements
gross floor area. The square footage of the clubhouse shall be determined to meet the
required needs and services of the Country Inn 2, and shall be designed to be sensitive to
the overall site. Any buildings used for agricultural activities in connection with the
Country Inn 2, such as barns or stables, shall be exempt from the 5,000 square foot
limitation.
l. Except as may be further restricted by the Planning Board in its consideration of a specific
application for a Special Use Permit, hours of operation for any outdoor recreational use or
facility authorized under this subsection shall be limited to the period 7:00 AM through
9:00 PM daily.
m. The following objectives shall be satisfied:
i. The exterior of existing dwellings, barns and related structures, if applicable, shall be
restored whenever feasible. Consideration shall be given to quality of original
architecture and subsequent modifications, current condition and relationship of the
structures to the overall property or area when considering the feasibility of restoration.
ii. Existing formal and informal landscaping, stone wall and entrance gates shall be
restored whenever feasible.
iii. New construction shall be sited so as to have a minimum impact on the natural
environment. Unique natural areas and open spaces such as streams, ponds, wetlands,
steeply sloped areas, woodlands, and other sensitive environments shall be preserved to
the greatest extent practicable. Where preservation is not practicable, appropriate
mitigation measures shall be used to avoid or reduce impacts on such natuiral
resources, as required by SEQR.
iv. The maximum floor area shall not exceed five percent (5%) of the land included in the
project proposal.
v. The development shall be found to be in harmony with the objectives of the Town
Comprehensive Plan and the Local Waterfornt Revitalization Program.
40. Major excavation and/or tree clearing, but not including uses defined and classified under
this Zoning Law as Extractive Operations and Soil Mining, Agriculture, or Forestry,
provided:
a. It is the established policy of the Town of Rhinebeck that the natural topography of the
land is a public asset which should be preserved and safeguarded. The various features of
such topography, including the topsoil and other natural materials that constitute the land,
the shape or contour of the land, the plant life and wildlife that is fostered on the land and
the water or the flow thereof upon the land, are of prime concern to the welfare of the
people of the Town of Rhinebeck. No changes shall be permitted in such topography or
vegetation except those which are absolutely necessary, in order to permit the appropriate
use of land, and then only after meeting the conditions of this subsection upon issuance of
a Special Use Permit by the Planning Board. This Subsection does not apply to excavation
as part of site preparation for land development activities (see Article V, Section E) for
which a Subdivision, Site Plan or Special Use Permit approval has been granted by the
Planning Board or for which a valid Building Permit has been issued by the Town Code
Enforcement Officer.
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 fill
proposed, the specific trees to be removed, and proposed site grading and associated
rehabilitation including replanting of trees, whether through the installation of ground
cover, shrubs and trees, creation of water bodies, or other means, shall be fully described
on the Site Plan drawings.
c. A time schedule for completion of the activity shall be submitted for approval, with a
requirement that all aspects of the intended tree clearing, removal, fill or grading activity,
including associated rehabilitation, be completed within a period of not more than six (6)
calendar months from the start of work or within such lesser period between the deferred
time work begins and the cessation of the Special Use Permit.
d. To the extent deemed necessary by the Planning Board, the installation and related
maintenance of appropriate soil erosion and sediment control measures until approved site
rehabilitation has occurred and become established shall be required. The applicant shall
demonstrate compliance with Article V, Section Y (the Habitat and Natural Resource
Management regulations) and Article V, Section Z (the Stormwater Management
regulations) of the Zoning Law.
e. Except to the extent deemed necessary by the Planning Board and consented to in writing
by the adjacent property owner or owners, no excavation, fill, or grading activity that will
result in creation of an exposed slope greater than one (1) foot vertical to ten (10) feet
horizontal within fifty (50) feet of a property line or within one hundred (l00) feet of a
neighboring residence shall be authorized. The above notwithstanding, in no event may
any exposed slope so located exceed one (1) foot vertical to five (5) feet horizontal.
f. At the discretion of the Planning Board, a performance guarantee (irrevocable letter of
credit, certified check, performance bond, escrow deposit or other acceptable assurance,
equal to the cost of the proposed work) to assure rehabilitation may be required and, if so,
shall be provided. Upon recommendation of the Planning Board and Town Engineer, the
guarantee shall be in an amount and form satisfactory to the Town Board and the Town
Attorney and shall be accompanied by written assurance that the major excavation or tree
clearing shall be completed in accordance with the approved Site Plan.
g. Any Special Use Permit for major excavation or tree clearing issued under this Zoning Law
shall terminate one (1) calendar year from the date of issuance.
41. Golf course or country club with a golf course, provided:
a. A minimum lot area of 110 contiguous acres is required for a golf course or country club
with a golf course.
b. The facility complies fully with the limitations set forth in the general definition of
“outdoor recreation use” in Article XIII.
c. The facility falls fully within the more specific definition of “golf course” as also set forth in
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 shall
be preceded by a clear demonstration by the facility owner and/or operator that the
features are both essential and will create no adverse effect on neighboring residential
properties.
d. No tavern or bar shall be operated on the premises; alcoholic beverages shall not be sold.
e. Except as may be further restricted by the Planning Board in its consideration of a specific
application for Special Use Permit, hours of operation for the outdoor portion of any
July 2008 Draft Article VI.46
Special Use Permit Requirements
d. Off-street parking and its associated lighting, provided in accordance with Articles V(B) and
(V) of this Zoning Law, be both screened by intervening landform and/or natural
vegetation from neighboring residential properties and located, where practicable, in a rear
or side yard.
e. If the veterinarian’s office includes the boarding of animals, other than sick and
recuperating animals that are receiving short-term treatment, then the applicant shall
additionally meet the requirements for commercial boarding or breeding kennels in Article
VI, Section D(21) of the Zoning Law and the minimum acreage required for the Zoning
District by the District Schedule of Area and Bulk Regulations shall be doubled.
47. Sawmill and related uses, provided:
a. The minimum lot area shall be twenty-five (25) contiguous acres.
b. All elements of the sawmill, including storage areas for logs and sawn lumber, bark, sawdust
and other waste materials, buildings and equipment areas shall be screened by existing
landform and/or vegetation from the direct view of abutting residential properties and
public roadways.
c. All buildings or other structures and all equipment or storage areas associated with the
sawmill shall be located not less than two hundred fifty (250) feet from any property line,
nor less then five hundred (500) feet from any neighboring dwelling. Additional setbacks
may be imposed by the Planning Board as a condition of approval of the Special Use
Permit to provide sound buffering to nearby residential uses. In all cases, sawmills and
related uses shall comply with the Town Noise Regulations (see Article V, Section X).
d. No storage area for logs, sawn lumber or vegetative waste materials shall be located within
one hundred (100) feet of any stream, other water body or well providing a source of
potable water.
e. Access to the sawmill shall be provided directly from a State or County highway or by a
through Town road other than a residential subdivision street.
f. Hours of operation shall be limited to 7:00 AM through 8:00 PM Monday through
Saturday.
g. Sawmill wastes (such as bark and sawdust) shall be removed for recycling on a regular basis,
preferably for composting, bioenergy production, and other environmentally sustainable
purposes.
48. Marinas, boat clubs, boathouses, boat ramps, docks and moorings, provided:
a. Jurisdiction over marinas, boat clubs, boathouses, boat ramps, docks and moorings, in the
Town of Rhinebeck shall extend 1,500 feet from the mean high water mark of the Hudson
River or to the westerly limits of the Town’s municipal boundary, whichever is greater.
b. All marina projects shall include, as appropriate, sufficient parking, park-like surroundings,
restrooms, adequate water supply, adequate sanitary sewage and trash disposal and
recycling facilities and arrangements, including marine sewage pump-out facilities.
c. To the extent feasible, marina basins shall be designed for maximum tidal flushing and
circulation in consideration of both river currents and wind action.
d. Any marina shall be located in an area where the physical attributes required by marinas
already exist and where minimal initial and subsequent maintenance dredging would be
required. The Planning Board shall consider the extent to which submerged aquatic
vegetation will be disturbed and the potential adverse impacts of removal of such vegetation
by the application.
e. Dedicated parking spaces for vehicles and trailers shall be provided a minimum rate of 0.75
such parking spaces per slip, plus whatever additional spaces are required for employees or
as may be required by this Zoning Law for other uses or activities authorized on the
premises.
f. All applicable compliance review, permit and/or approval requirements administered by
the Town of Rhinebeck through its Local Waterfront Revitalization Program, Dutchess
County Health Department, the New York State Department of Environmental
Conservation or Department of State Coastal Management Program, the U.S. Army
Corps of Engineers or the Federal Emergency Management Agency shall be strictly met.
g. Fuel dispensing shall be prohibited.
49. Passive Adult Uses, provided:
a. That the passive adult use, as defined in Article XIII of the Zoning Law, complies with the
following requirements as to location, in addition to any other applicable requirements of
this Zoning Law:
i. No building containing a passive adult use shall be located within 1,000 feet of any lot
or parcel that has been improved with a residential dwelling or for which an
application for land use or Building Permit approval of a residential dwelling or
dwelling unit was filed prior to the date of filing of a Special Use Permit application for
a passive adult use.
ii. No building containing a passive adult use shall be located within 1,000 feet of any lot
or parcel on which a public or private school, church or other place of religious
worship, day-care use, park, existing playground or recreational facility open to the
general public is located.
iii. In determining location requirements pursuant to this Subsection, all required
distances shall be measured from the nearest lot line of the lots or parcels containing
any of the uses in Subsection D(49)(a)(i) or (ii) to the nearest part of the building in
which the passive adult use is proposed to be located.
b. That such use shall be one which is specifically authorized as a Special Permit Use in the
district within which such particular site is located.
c. That the total floor area devoted to the passive adult use shall not exceed 2,500 square feet,
exclusive of cellar space used for enclosure of mechanical, heating and similar building
equipment.
d. That no more than one passive adult use shall be located on any lot.
e. That the passive adult use complies with all applicable area and bulk regulations set forth
in this Zoning Law, in addition to the requirements herein. Compliance with the
minimum distance requirements set forth in Subsection D(49)(a) above with respect to
July 2008 Draft Article VI.49
Special Use Permit Requirements
separation from other uses is a condition precedent to the classification of passive adult use
as a Special Permit Use with the Town, and, in the event that any reduction in such
minimum distance is proposed, such variance shall be considered as a use variance.
f. That appropriate provision has been made for access facilities adequate for the estimated
traffic from public streets and sidewalks, so as to assure the public safety and to avoid traffic
congestion. Vehicular entrances and exits shall be clearly visible from the street and not
within 75 feet of the intersection of the street lines at a street intersection.
g. That there are fully adequate parking areas, in conformity with the standards established in
this Zoning Law and all other pertinent provisions of the Town of Rhinebeck Code, for the
anticipated number of occupants, employees and patrons and that the layout of the parking
spaces and interior driveways is convenient and conducive to safe operation.
h. That the Planning Board may require a protective planting strip adjacent to every side and
rear lot line abutting an existing building or use. Such planting strip shall not be less than
ten (10) feet wide, situated within any required side or rear yard, designed and laid out with
suitable plant material which will attain and shall be maintained at a height to be
stipulated by the Planning Board, which height shall not be less than six feet nor more than
10 feet, so as to provide an effective natural screen between nonresidential and residential
uses or districts along side and rear lot lines.
i. That adequate site lighting is provided while minimizing or avoiding adverse impacts of
lighting on adjoining properties through strict adherence with the Town of Rhinebeck
Lighting Regulations found in Article V, Section V.
j. That adequate provision has been made for collection and treatment of stormwater runoff
in accordance with Article V, Section Z of this Zoning Law.
k. That any proposed signs, displays, architectural design or lighting visible from any public
street or right-of-way or upon surrounding properties be designed and constructed so as to
fully conform to the requirements of the Zoning Law and to avoid or mitigate to the
maximum extent practicable any reasonably foreseeable adverse effect of the proposed use
upon minor children passing by.
l. That the proposed Site Plan has been designed with adequate provision for safety, internal
and external fire protection and security concerns and the adequacy of access from and to a
public right-of-way.
m. That the proposed Site Plan avoids, minimizes or mitigates any demonstrated or potential
impact of the proposed use upon community services, including but not limited to police
and fire protection. The Planning Board shall refer the proposed Site Plan and Special Use
Permit applications to the Town Fire Department and any other agency of local or state
jurisdiction for a report on the potential secondary adverse impacts and recommendations
as to appropriate measures that can be taken to avoid or mitigate such impacts.
n. That the proposed use avoids, minimizes or mitigates any reasonably foreseeable cumulative
effects on the character of the community and adjoining properties, taking into
consideration the proposed hours of operation, other existing or proposed passive adult
uses, and similar uses with the potential for deleterious effects on the community.
o. That the duration of a Special Use Permit issued by the Planning Board for a passive adult
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Special Use Permit Requirements
ii. Elevation in relation to mean sea level of the lowest floor, including basement, of all
existing and proposed structures;
iii. Elevation in relation to mean sea level to which any nonresidential structure is
proposed to be flood proofed together with its attendant utility and sanitary facilities;
iv. Details of how any non-residential flood proofed structures meets or exceeds essential
flood proofing standards, i.e. that flood proofing occur so that below the base flood
level the structure is water tight with walls substantially impermeable to the passage of
water and with structural components having the capability of resisting hydrostatic and
hydrodynamic loads and the effects of buoyancy;
v. Documentation that any non-residential principal structure or the replacement of any
existing residential structure intended for habitation, whether termed a principal
structure or an accessory structure by this Zoning Law, has at least one (1) access route
from a public road, street or highway which is wholly above the one hundred (100) year
flood elevation and which route can be used for access by emergency equipment and
for the evacuation of persons; and
vi. Description of the extent to which any watercourse will be altered or relocated as a
result of the proposed development.
m. Any Special Permit issued for a use proposed within the Flood Fringe Overlay District shall
satisfy any further criteria set forth in the Town of Rhinebeck Flood Damage Prevention
Local Law (Local Law No. 1 of 1987). This shall include as a condition the additional
requirement that certification by a registered architect or licensed professional engineer of
as-built compliance with the approved plans be submitted to the Town Code Enforcement
Officer prior to either use of the property or the issuance of a Certificate of Occupancy for
the intended use or structure. Copies of this certification shall be maintained by the Code
Enforcement Officer as a permanent public record available for inspection.
54. Communication Facilities and Towers, provided:
a. Communications facilities and towers require issuance of a Special Use Permit by the
Planning Board, in accordance with Article VI, for the following purposes:
i. To preserve the character and appearance of the Town while simultaneously allowing
Adequate Communications Services to be developed;
ii. To protect the scenic, historic, environmental, natural and man-made resources of the
community with special attention to the Hudson River National Historic Landmark
District, the Mid-Hudson Historic Shorelands Scenic District, the Estates District
Scenic Area of Statewide Significance, structures or sites listed on the National Register
of Historic Places, Scenic Viewsheds and Special Features including sites bordering
designated State, County or Town Scenic Roads, “special features” identified in the
Town’s Comprehensive Plan, lands within the Waterfront Revitalization Area, and any
other significant feature of community importance identified in a Town planning
document;
iii. To provide standards and requirements for regulation, placement, construction,
monitoring, design, modification and removal of Communication Facilities and
Towers;
July 2008 Draft Article VI.53
Special Use Permit Requirements
iv. To provide a procedural basis for action within a reasonable period of time on requests
for authorization to place, construct, operate or modify Communication Facilities;
v. To preserve property values;
vi. To minimize the total number and height of new Communication Towers throughout
the community and maximize the use of existing Communication Towers, tall
buildings and other high structures to reduce the number of new Towers needed to
serve the community;
vii. To locate Communication Facilities and Towers so that they do not have adverse
impacts on the general health, safety, welfare and quality of life within the community,
including but not limited to, attractive nuisance, noise and threat of falling objects;
viii. To require owners of Communication Facilities and Towers to configure them so as to
minimize and mitigate the adverse visual impact of the Towers and Facilities; and
ix. To require Communication Tower sharing (co-location) and clustering of
Communication Facilities where possible.
b. Consistency with Federal Law. The provisions of this Subsection, including the regulations
set forth herein, are intended to be consistent with The Telecommunications Act of 1996,
as amended (“The Act”) in that:
i. The regulations do not prohibit or have the effect of prohibiting the provision of
Communication Services.
ii. The provisions are not intended to be used to unreasonably discriminate among
providers of functionally equivalent Services.
iii. The provisions do not regulate Communication Services on the basis of the
environmental effects of radio frequency emissions to the extent that the regulated
Services and Facilities comply with the FCC’s Regulations concerning such emissions.
c. Exclusions. For the purposes of this Subsection, the following shall not be construed to be
Communication Facilities or Towers:
i. Receive-only antennae and satellite dishes maintained for residential use.
ii. Any other building-mounted antennae less than ten (10) feet in height, no part of
which exceeds eight (8) feet in diameter.
d. Special Permit Requirements. No person shall erect, construct or otherwise install a new
Communication Facility or Tower at any location within the Town of Rhinebeck or cause
the “Major Modification” of an existing Communication Facility or Tower, without first
obtaining a Special Permit from the Town Planning Board in accordance with the following
requirements. For purposes of this Subsection, a Communications facility or tower shall
be considered a principal use and never an accessory use:
i. For purposes of this Subsection of the Zoning Law, “Major Modification” of an
Existing Communication Facility or Tower shall mean the following:
(a) An increase in the height of a Communication Tower by 20 feet or more.
adjoining property line and five hundred (500) feet from any existing residential
dwelling. In addition, the minimum separation of any structure or facility appurtenant
to the tower shall be not less than fifty percent (50%) of the required Tower setback.
The above notwithstanding, in no event may the minimum setback of any new Tower
from any property line and/or vegetative screening be less than the sum of the
following:
(a) The height of the Communication Tower to be erected, and
(b) Thirty (30) feet. This minimum setback distance shall apply to all Communication
Tower components, including guy wires, guy wire anchors and accessory facilities.
g. Site Requirements: Design Standards.
i. Ability to Accommodate Shared Use. Any new Communication Tower or major
modification of an existing Tower shall be designed so as to be structurally capable of
accommodating shared use.
ii. Tower Lighting. In addition to any beacon light, other type of illumination or warning
device, if any, required by the FAA, any Communication Tower erected within The
Town of Rhinebeck shall be equipped with a beacon light if deemed necessary by the
Planning Board. Security lighting of equipment structures and other facilities on site
shall be shielded from abutting properties and shall comply with Article V, Section V.
There shall be total cutoff of all light at the property lines of the parcel to be
developed, and foot-candle measurements at the property line shall not exceed 0.25
initial foot-candles when measured at grade.
h. Scale and Appearance.
i. Communication Towers or attachments thereto should be no higher than ten feet
above the average height of the existing tree canopy or buildings within 300 feet of the
proposed facility. However, the height of a Communication Tower or attachments
thereto shall not exceed the height limits of the zoning district in which the facility is
proposed to be located, unless the facility is completely camouflaged in accordance
with Article VI, Section E(6)(a).
ii. The above provisions regarding height and lighting notwithstanding, any
Communication Tower shall be sited and designed to be the minimum height
necessary to fulfill its function and to avoid, whenever possible, compliance with
additional FAA lighting and marking requirements based on Tower height and
location.
iii. Except as required by the FAA, no Communication Tower shall be painted in a color
or colors not in harmony with its natural and man-made surroundings.
iv. No Communication Tower shall support any advertising messages or other commercial
signs. Non-ionizing warning signs and other signs necessary to meet the legal
requirements of the Applicants FCC license to operate shall be permitted.
v. A chain link fence not less than eight (8) feet in height with locking gates shall be
installed to fully surround the base of any Communication Tower, including all of its
components, and any accessory buildings or other facilities and improvements on the
tower site and such fence shall be landscaped to screen views of the fence and accessory
buildings.
vi. As required by Article VI.D(6), all Communication Towers and accessory buildings or
other facilities and improvements shall comply with the Performance Standards set
forth herein and shall be sited to minimize any adverse visual effect on the
environment. Accessory buildings or other facilities shall employ building materials,
colors and textures that are both durable and selected to blend with the natural
surroundings.
vii. Existing on-site vegetation shall be preserved to the maximum extent practicable to
both mitigate the visual impact of the Communication Tower and related buildings
and facilities and maintain the stability of soils within the project site.
viii. No cutting of any trees exceeding four inches (4”) DBH shall take place except as may
be authorized by the Planning Board through the issuance of a Special Permit and
grant of Site Plan Approval.
ix. Adequate access to, and parking at, the Communication Tower site shall be provided
for both service and emergency vehicles, with maximum use made of existing roadways,
both public or private. Moreover, to the extent practicable, any roadway construction
required to access a Communication Tower site shall be carried out in a manner that
minimizes disturbance to the land, generally limiting grading and the cutting of
vegetation to the more restrictive of the following: either the top-of-slope in fill sections
and the top-of-slope in cut sections or a distance ten (10) feet beyond the edge of the
required access roadway.
x. In order to meet the above criteria, and otherwise both minimize adverse visual impact
and reduce soil erosion potential, any access road shall closely follow natural contours.
xi. As a condition of the Special Permit and for maintaining a Certificate of Occupancy
and/or Certificate of Compliance once issued, any access roadway shall be maintained
throughout the useful life of the Communication Tower site in a workmanlike manner,
including the plowing of snow, periodic trimming of vegetation that may obstruct the
access roadway, and undertaking of repairs in a timely manner to address any roadway
defects, drainage problems, erosion conditions or other circumstances that may
develop, so as to ensure the roadway is at all times in a safe and passable condition for
both service and emergency vehicles.
i. Performance Standards. All Communication Towers, including Major Modification of an
Existing Communication Tower, shall comply with the performance standards set forth in
this section.
i. Camouflage.
(a) All wireless telecommunications facilities shall be designed to blend into the
surrounding environment through the use of design and color except in such
instances where color is dictated by federal or state authorities, such as the Federal
Aviation Administration.
(b) A wireless telecommunications facility, which is roof-mounted on a building, shall
be concealed within or behind existing architectural features to limit its visibility
July 2008 Draft Article VI.57
Special Use Permit Requirements
from public ways and shall be stepped back from the front facade in order to limit
its impact on the building's silhouette.
(c) A wireless telecommunications facility, which is side-mounted on a building, shall
be painted or constructed of materials to match the color of the building material
directly behind it.
(d) The use of stealth technology to camouflage new Communication Towers is
required for all Communication Towers that exceed the height limits established in
Article VI, Section E(5) herein. The Communication Tower shall be designed to
eliminate, to the greatest extent possible, the visibility of the proposed facility as
viewed from a residence, public road or pathway, or public area by means of
concealment, camouflage, disguise, or placement. The applicant shall make every
available effort to ensure that the visibility of the proposed Communication Tower
is slight or non-existent. Communication Tower shall not be located on ridgetops
or along the ridgeline and they should be provided with an adequate backdrop so
that they are not skylined.
(e) Communication Facilities and Towers shall be camouflaged by vegetation and/or
design as follows:
(i) Camouflage by vegetation. If
Communication Facilities and
Towers are not camouflaged from
public viewing by existing buildings
or structures, they shall be
surrounded by buffers of existing
dense tree growth and understory
vegetation in all directions to create
an effective year-round visual buffer
(see the tower shown in the middle of
the photograph to the right).
Communication Towers shall provide
a vegetative buffer of sufficient height
and depth to effectively screen the facility. Trees and vegetation used for
camouflage shall be existing on the subject property. The Planning Board
shall determine the adequacy of the trees and plant materials to properly
camouflage the Tower.
(ii) Camouflage by design. In open
and wooded areas,
Communication Facilities and
Towers shall be camouflaged to
resemble or mimic a native
coniferous species of tree or by
other means, such as new
construction of a silo (see
photograph to the right of a cell
tower on a silo), flagpole, clock
vii. As a condition of any Special Permit issued by the Planning Board for a
Communication Facility or Tower and in addition to the requirement set forth in
above paragraph c, the Planning Board may require future submission of reports and
other documentation demonstrating continuing compliance with any of the
regulations in effect at the time the Special Use Permit was issued or any superceding
or new regulations that may be adopted by either the FCC or other federal regulating
agency.
viii. As part of the submission and as a condition precedent to the issuance of any Special
Permit by the Planning Board for a Communication Facility or Tower, either the
Applicant or both the Applicant and the landowner should the Applicant not be the
landowner shall specifically recite and acknowledge in writing the provisions of below
Sections VI(D)(7), (9) and (11)(e).
ix. As a condition of any Special Permit issued by the Planning Board for a
Communication Facility or Tower, the Planning Board shall require the posting of a
suitable performance guarantee, the performance guarantee being at the Town’s
discretion either a performance bond or an irrevocable letter of credit with a specific
schedule of payments if work is not completed, to ensure either of the following:
(a) The completion of all work associated with authorized Communication Facility
installation or Tower construction within the time frame specified by the Building
Permit.
(b) Both removal of any Communication Facility installation or Tower construction
left incomplete and the restoration of the site to its prior state to the extent
deemed practicable by the Planning Board. Except as may be authorized by the
Planning Board in consideration of seasonal factors, all such removal and
remediation shall occur within six (6) months of the cessation of work on the
Communication Facility installation or Tower construction. The date of such
cessation of work shall be determined by the Code Enforcement Officer and set
forth in notice to either the Applicant or the Applicant and landowner should the
Applicant not be the landowner. No Building Permit shall be issued until such
performance bond or similar guarantee has been accepted by the Town Board.
The Town Board shall employ the following criteria to determine the adequacy of
the performance guarantee proposed by the Applicant:
(iii) The scope of work governed by the performance guarantee shall be the worst
case, or most extensive, scenario of removals and remediation defined by the
Planning Board.
(iv) The amount of the performance guarantee shall be based on an estimate for
carrying out the above scope of work, such estimate either prepared or
reviewed and confirmed by the Town Engineer.
(v) The form of the performance guarantee shall be reviewed and approved by the
Town Attorney.
x. Evaluation by Independent Consultants. Upon submission of an Application for
Special Permit for a Communication Facility or Tower, the Planning Board shall retain
an independent consultant, at a reasonable rate to be paid by the applicant, to assist
the Planning Board in technical review of the Application. The consultant shall be a
qualified professional in one or more of the following fields: (a) telecommunications
engineering, (b) structural engineering, (c) monitoring of electromagnetic fields, or (d)
other relevant field deemed essential by the Planning Board.
xi. Required Inspections. Any Communication Facility or Tower erected within the Town
of Rhinebeck shall be subject to the below structural inspection requirements:
(a) The Applicant, or the Applicants successors, shall cause a bi-annual inspection of
the Communication Tower and related accessory structures and related
improvements to be conducted by a qualified licensed professional engineer. The
inspection shall specifically address whether the Communication Tower and
related accessory structures and related improvements are being maintained in a
structurally safe and workmanlike manner. A written report certified to by the
inspecting professional engineer shall present information regarding the nature
and timing of the inspection conducted, identify all deficiencies noted, propose
appropriate corrective action, and include a schedule for carrying out the work.
(b) Such certified bi-annual report shall be filed with the Town of Rhinebeck Code
Enforcement Officer within sixty (60) days of the first and each succeeding 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 writing
by certified mail the owner of any Communication Facility or Tower existing at the
time of the enactment of Local Law No. 4, 1999, of this requirement within sixty (60)
calendar days thereof.
n. Certificate of Insurance Required. Adequate and sufficient liability insurance shall be
maintained during the construction period and throughout the life of any Communication
Tower erected within the Town of Rhinebeck. The minimum acceptable amount of
liability insurance shall be established by the Planning Board in its review of the
Application for Special Use Permit. Prior to the issuance of the Special Use Permit,
documentation that such liability insurance has been secured shall be submitted to the
Town in the form of a Certificate of Insurance identifying the Town of Rhinebeck as a co-
insured party and in at least the minimum amount specified by the Planning Board.
Maintenance without interruption of liability insurance in like or greater amount and with
the Town named as a co-insured party shall be required as a continuing condition of the
Special Use Permit and related Certificate of Occupancy and/or Certificate of Compliance.
o. Exemption for Amateur Ham Radio Operations. Any Communication Tower erected on
residential or other premises in support of amateur barn radio operations shall be wholly
exempt from the provisions set forth throughout Article VI(D) of this Chapter provided
each of the following criteria is met:
i. A Building Permit for the erection of any such Communication Tower shall be secured
from the Town of Rhinebeck.
ii. Not more than one (1) such Communication Tower for the exclusive use of the owner
of the residential or other premises shall be constructed on any individual parcel or on
adjoining parcels in common ownership.
iii. No such Communication Tower shall be more than fifty (50) feet in height.
iv. There shall be no sale or lease of space for commercial purposes on any such
Communication Tower erected and maintained on a residential or other parcel in
support of amateur ham radio operations.
v. The Town’s Code Enforcement Officer shall be granted scheduled access to the
residential or other premises for making a safety inspection of the condition of any
such Communication tower at a bi-annual interval.
Rhinecliff’s importance demand special attention when existing development is proposed for
expansion or modification, or new development is proposed.
The Rhinecliff Overlay (Rc-O) Zoning District, as delineated on the Town Zoning Map, does
not represent the entire area referred to by its place name — Rhinecliff. It is an historic area
that has grown with unique characteristics, which has created a special identity for the entire
hamlet area. The Zoning Law regulates development within the historically significant estates,
farms, and landscapes surrounding the hamlet center largely through the provisions of the
Historic Preservation Zoning District. In order to protect and preserve the integrity of the
hamlet area, which is composed of several underlying zoning districts, the Rc-O Zoning District
requirements specified in this section have been designed to protect the unique qualities of the
hamlet area through the implementation of standards and restrictions to regulate development
and redevelopment, architectural design and scale, landscaping, streets and streetscapes, scenic
views, signage, transportation and historic preservation. The Rc-O District is intended to
encourage the continuation of uses that are in harmony with the hamlet area, to preserve the
pedestrian character of the hamlet, to improve its visual character, protect residential uses and
enhance the hamlet as a secondary cultural center for the Town.
2. Objectives. All proposed development and redevelopment within the boundaries of the Rc-O
District shall be consistent with the following objectives:
a. Protect and preserve Rhinecliff’s architecture and pattern of design, while simultaneously
improving hamlet amenities.
b. Continue the existing residential character of the hamlet with special attention given to
architectural design, lighting, landscaping, streetscapes, pedestrian amenities and signage.
c. Promote greater pedestrian safety while allowing for continued but more restricted traffic
movements, providing shared means of ingress and egress to developed and developing
properties. Ensure that existing hamlet streets are not widened, but rather maintained as
rural thoroughfares. Implement traffic calming measures which designate pedestrian
comfort as a primary consideration of all hamlet streets. Resolve design conflicts between
vehicular and pedestrian movements in favor of the pedestrian. Ensure safe, attractive
streetscapes and pedestrian amenities by:
i. Providing pedestrian-scale lighting, street trees, and landscaping along sidewalks;
ii. In the business district, providing street furniture, such as benches and trash
receptacles where appropriate;
iii. Maintaining parking as a buffer between pedestrians and moving vehicles, both on-
street and in parking lots; and
iv. Enhancing pedestrian street crossings with articulated pavers, bump-outs, raised
crosswalks and other traffic calming measures.
v. Improve the visual characteristics of the hamlet by implementing landscaping
standards. Landscaping should enhance views from the hamlet to the Hudson River
and Catskill Mountains beyond.
vi. Improve the overall quality of the hamlet by carefully reviewing all signage and lighting
fixtures so that they are of an appropriate size and scale, and aesthetically designed.
vii. Design the height of new buildings to be consistent with that of neighboring buildings.
viii. Design roofs to be sympathetic with the vernacular architecture.
ix. Utilize traditional building materials.
x. Limit the square footage of new dwellings and the expansion of existing ones to
prevent oversized, out-of-character homes in order to maintain the most desirable
characteristics of the hamlet and prevent alteration of the historic character of
Rhinecliff.
xi. Prevent the building of second or third story additions to a one or two-story building
when it would result in a structure which is out of character with the buildings
surrounding it or results in a visual intrusion of a neighboring property.
xii. Prevent the construction of a large building built to replace a portion, or all of a
demolished one, which may be out of scale with surrounding buildings.
xiii. Plan for the accommodation of automobile traffic wherein pedestrian comfort and
safety are of the utmost importance.
3. Uses and Bulk Regulations. Uses and bulk regulations in the Rc-O District are designed to
maintain the integrity of the District. Existing patterns of use and development shall govern
future permitted uses and development patterns in order to enhance the character of the
hamlet, to maintain harmony and compatibility with the nationally significant historic
importance of the hamlet and to protect the hamlet’s unique environmental resources. In the
event of a conflict between these regulations and those of the underlying Zoning District, the
more stringent regulation shall apply. Nothing contained herein shall prohibit the use of an
existing lot of record for residential purposes provided, that:
a. Such lot may not be used for more than one (1) principal dwelling unit and one (1)
subordinate accessory structure.
b. Such use shall satisfy applicable requirements of the Town of Rhinebeck, Dutchess County
Department of Health and New York State Department of Environmental Conservation
for potable water supply and sanitary sewage disposal.
c. In consideration of minimum lot area, a conventional septic disposal system shall be
permitted on existing lots of record of less than one (1) acre in area, provided the Town
Engineer has reviewed and approves the system. No new lot created in accordance with the
Town Subdivision Regulations and served by a conventional septic disposal system shall be
less than one (1) acre in size.
d. The installation of an alternative sanitary sewage disposal system using pumping or other
alternative waste disposal method shall be permitted only when approved by the Dutchess
County Department of Health and, if required, the New York State Department of
Environmental Conservation and only in accordance with the Schedule of Bulk
Regulations specified in subsection C(7) below.
e. Accessory structures shall not exceed 650 square feet in gross floor area nor exceed 25
percent of the gross floor area of the principal structure, whichever is less.
f. Expansion of existing dwelling units and construction of new dwelling units shall require
Special Use Permit and Site Plan approval in accordance with Articles VI and VII of the
Zoning Law respectively.
g. The maximum gross floor area of a principal structure within the Rc-O District shall be no
more than 2,300 square feet.
h. Demolition of historic structures is governed by the Town of Rhinebeck Historic Buildings
regulations (see Article V, Section BB), which requires “careful, thoughtful evaluation of
any proposed action that would cause the demolition or removal of any such recognized
historic building” and by the requirements of the Town’s adopted Local Waterfront
Revitalization Program (LWRP). The LWRP requires a coastal consistency assessment for
agency actions to, “assure consistency of proposed actions undertaken by the Town with
the policies and purposes of the LWRP.” The Town Board, Planning Board and Zoning
Board of Appeals shall be guided by the policies and purposes of the LWRP.
4. Site Plan and Special Use Permit Requirements. All uses, expansions, modifications and
other development of land in the Rc-O Zoning District shall be subject to Special Use Permit
and Site Plan review and approval, in accordance with Articles VI and VII of the Zoning Law.
Within the Historic Preservation (HP20), Residential Low Density (RL5) and Residential
Medium Density (RM1) Zoning districts, the Planning Board may waive some or all of these
requirements, in accordance with Article VI, Section E(5)(j) herein.
5. Special Use Permits and Site Plan Approval.
Special Use Permits granted for uses, expansions, modifications and other development of land
in the Rc-O District shall include such conditions as the Planning Board shall determine to be
necessary to assure that any new use, or greater intensity or density of use authorized
hereunder, will be accomplished with the minimum possible modification of and impact on
the existing features of the particular parcel or parcels, and without impairment of the uses for
which the hamlet area is reasonably adapted.
a. Concept plan. A concept sketch plan shall be presented to the Planning Board for its
review and approval. Such plan shall include a rendering of how the building will appear
from the street frontage. Architectural guidelines are as follows. Objectives are statements
describing a desired outcome within the hamlet. Guidelines are statements of what is
considered acceptable in the community. By following the guidelines, applicants are put
on notice of what is expected of them. Knowing this early on in the planning stages of a
project can reduce delays and confusion during the design phase of a project and helps
applicants build a project that the community considers desirable.
i. Objectives for Additions to Existing Structures. Compatible additions that do not
compromise the character of the historic building or destroy significant architectural
features are appropriate within the Rc-O District. While additions may reflect the
point in time of their construction, they must respect the architectural character and
fabric of the historic building and its surroundings as follows:
(a) Additions that radically change the proportion of impervious area to open space
area on the site are not appropriate;
relationship between new and existing buildings is critical. Using compatible roof
forms and shapes is another way to relate new and old buildings.
(c) Scale: The size of an object in relation to other objects in close proximity. The
scale of new buildings should be consistent with nearby historic buildings of the
hamlet.
(d) Height: The height of new buildings should approximate the height of nearby
buildings. Houses in the Hamlet District are generally smaller than their
contemporary counterparts. Most are built on low, stone foundations, and ceiling
heights can be 8-10 feet. Some variance in height is acceptable since most hamlet
blocks contain a predominance of one and two story structures, with an occasional
three story building. Maximum height, from primary-façade grade to roof peak,
shall be 35 feet. In no case shall a building exceed three stories. See also Bulk
Requirements and section C(3) for other limitations within the Hamlet District.
(e) Fenestration: Fenestration refers to the pattern and arrangement of openings on
the façade of a building. While windows and doors on new buildings do not have
to duplicate historic windows, the dimensions and placement on the building
should be respected. Blank walls should be avoided. The main entrance is usually
the most prominent feature of houses within the hamlet, and should be
emphasized in new construction, as well.
(f) Landscaping: Landscaping is an important and integral feature of the hamlet.
The Site Plan for new construction projects should identify existing trees, walls,
walks, or other features, which should be incorporated into the landscape design,
and every effort should be made to save existing trees, shrubs, and landscape
features, which have important value.
iv. Guidelines for New Construction:
(a) Site new buildings so that the setback, spacing and orientation to the street is
consistent with existing buildings within the given block or street;
(b) New construction should have a similar height and width of existing buildings
within a block or street;
(c) Relate the roof form, pitch, and overhang of new construction buildings to existing
roofs within the hamlet;
(d) Design the spacing, pattern, proportion, size, and detailing of windows, doors, and
vents to be compatible with existing buildings within the district;
(e) Incorporate architectural elements and details that provide hamlet scale to
proposed new buildings. Design new buildings using exterior materials typical of
buildings in the hamlet including brick, wood, and stone. Materials such as cast
stone, fiber cement, and concrete are appropriate for new construction if they are
used in a manner compatible with construction techniques and finishes used for
existing buildings in the district. It is not appropriate to substitute vinyl or
aluminum siding in place of traditional materials typical of the historic hamlet;
and
(f) Incorporate existing large trees, historic landscape and other features, such as stone
walls, scenic views and paper roads into the proposed Site Plan. During
construction, protect trees and site features to be retained by temporary fencing,
and do not disturb or contaminate the soil or store construction materials within
the root zone of trees to be saved.
b. Landscape Plan. A detailed landscaping plan shall be included with the Site Plan
submission to enhance the building design and to buffer the structure from surrounding
property where conflict may result, such as parking facilities near yard spaces, streets or
residential units, and different building heights, design or color.
c. Porches. Within the Hamlet Zoning District only, single-family residences should have
covered porches at least six (6) feet deep, along at least a portion of the front of the
building ,or along the side coming to the front.
d. Fences. Front yard fencing, if provided, must be wood picket, wrought iron, stone or
timber in a traditional design, at least two (2) feet high, but not more than four (4) feet
high. Fence materials and designs shall be consistent with the character of the hamlet.
e. Elevations. Architectural renderings depicting all sides of the building(s) shall be provided.
f. Storage. Refuse storage (dumpster) locations shall be depicted on the plans, shall not be
located near, or adjacent to, surrounding residential properties and shall be screened with
plantings or compatible fences made of natural materials.
g. Lighting. Lighting shall be to human scale, and shall comply with the Town’s lighting
regulations found in Article V Section V.
h. Building Height. Design the height of new buildings to be consistent with that of
neighboring buildings. Building height shall be subject to a review of the extent to which it
will block existing views from surrounding property. Substantial view blockage shall be
avoided by alternative roof design or imposition of a special height limit as a condition of
approval. The Planning Board may require a viewshed analysis to determine visual impacts
and appropriate mitigation measures.
i. 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 the
Dutchess County Clerk’s Office. Parking shall be within 500 feet of the use.
ii. Credit for on-street parking. The amount of required off-street parking shall be
reduced by one off-street parking space for every on-street parking space adjacent to the
use. The allowable credit toward off-street parking requirements shall be addressed
during Site Plan review.
iii. The Planning Board has the power to reduce or waive minimum off street parking
requirements, taking into account the proposed use, pedestrian accessibility and other
reasonable indications that the amount of parking is adequate to meet estimated
parking needs.
iv. Parking for residential uses shall be located to the rear of the structure if possible. If
parking is accessed from the front street, the parking garage shall be located at least 20
feet back from the front of the dwelling.
k. Waivers. The Planning Board may waive or modify any requirement under this Subsection
(i.e. Article VI, Section E) under the following circumstances:
i. Where the Planning Board finds that compliance with the guidelines is not possible
due to exceptional conditions of topography, access, location, shape, or other physical
features of the site, the minimum requirements of these regulations may be waived or
modified, provided that the public interest is protected, the plan is in keeping with the
general spirit and intent of these regulations and full compliance with SEQR is still
provided.
ii. No waiver or modification may be granted if it would have the effect of nullifying the
intent and purpose of the Zoning Law, the Comprehensive Plan or these regulations. No
waiver or modification may be made on a condition which would otherwise require
variance from the Town Zoning Board of Appeals. The Planning Board may refer a
request for a waiver to the Zoning Board of Appeals for an interpretation as to whether
such request constitutes a waiver or a variance. The Planning Board may hold a public
hearing on a request for a waiver from this Subsection, in addition to the mandatory
public hearings on the proposed Special Use Permit and Site Plan approval.
iii. The Planning Board may, in granting waivers of modifications to these standards or
guidelines herein, incorporate such reasonable conditions as will, in its judgment,
substantially secure the objectives of the requirements so waived.
iv. No waiver or modification may be deemed approved or granted by implication. All
waivers and modifications must be expressly set forth in the written findings and
minutes of the Planning Board.
intensity business uses respect the continuing residential uses. The Rc-HT District will provide
a transition between the more intensive business uses in the Rhinecliff Business District and
the residential uses in the Hamlet District. The Special Use Permit conditions of the Rc-HT
District will be in addition to the underlying provisions of the H Zoning District and will only
replace specific provisions where stated.
3. Special Use Permit. New Rc-HT District uses shall be allowed, by Special Use Permit, only
after the Planning Board is satisfied that the use will meet the following conditions:
a. Use and Occupancy. Mixed residential and business use is allowed but only one business
use shall be allowed for each lot.
b. Appearance.
i. Business uses should be conducted in a manner that does not give the outward
appearance of a business nor create adverse impacts on the residential character of the
Hamlet District.
ii. Business uses shall be conducted inside the building, outbuilding or garage and such
use will be permitted provided that any exterior changes made, in the judgment of the
Planning Board, conform to the historic character of the hamlet.
iii. Business uses shall have no external storage of materials, equipment, containers,
finished products or associated vehicles outside the building, outbuilding or garage
other than that which is customarily associated with the residential use.
iv. Business uses shall not create offensive noise, vibration, smoke, electrical interference,
dust, odors, heat, or light.
c. Traffic and Parking.
i. The anticipated trip generation of the use, as determined by the Planning Board, shall
maintain the integrity of the residential character of the hamlet and immediate
neighborhood.
ii. The Planning Board, during Site Plan review, may require pedestrian or vehicle
interconnections, if applicable, between neighboring properties in order to protect the
health and safety of the public and to reduce traffic congestion.
iii. Business uses that generate vehicular visits should provide adequate parking in
accordance with the Town parking requirements found in Article V, Section B to the
greatest extent practicable and in a manner and style that does not diminish the
residential qualities of the hamlet and the immediate neighborhood. The Planning
Board remains responsible for determining the necessity and adequacy of parking.
iv. If feasible and applicable, parking shall be located behind the front façade line of the
principal dwelling unit on the lot or preferably behind the building and it shall be
suitably screened with planting and/or fencing approved by the Planning Board.
d. Lighting.
i. All exterior lighting, including lighting fixtures, lighting of walks and of parking areas
shall be accomplished with low level lighting in a residential style and in accordance
with the lighting standards found in Article V, Section V of the Zoning Law.
July 2008 Draft Article VI.73
Special Use Permit Requirements
ii. The maximum height of any freestanding light fixture shall be eight (8) feet.
iii. No light source shall be positioned or installed so as to cause glare or spillage into
neighboring property beyond that normally associated with residential use.
e. Signs.
i. Business uses shall have no more than one (1) sign.
ii. Maximum sign area shall not exceed ten (10) square feet of total sign area.
iii. Lighting of such sign is permitted by direct illumination (no internal illumination or
translucent signs permitted), provided the lighting source is entirely screened from view
and otherwise conforms to Article V, Section C.
iv. Signs shall otherwise comply with the requirements of Article V, Section C.
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 approval
from the Town Planning Board. The intent is to ensure that the development and use of land does
not have an adverse effect on adjacent lands or on the character of the community. Such
regulations are designed to protect the community from traffic congestion and conflicts, noise,
lighting, odor and other forms of pollution, inappropriate design including “strip” commercial
development, flooding, and excessive soil erosion, to ensure that the proposed use will be in
harmony with the appropriate and orderly development of the district in which it is proposed, and
that its impacts can be mitigated by compliance with reasonable conditions. The regulations are
also designed to ensure that new and existing development conforms with the Town’s planning
goals and objectives, as expressed in its Comprehensive Plan, thereby protecting the natural, cultural,
historic and rural landscapes and aesthetic qualities of the Town.
road corridor as officially designated by the Town of Rhinebeck and/or a County, State or
Federal agency;
d. For lands designated for future trails and lying within the Town of Rhinebeck Land
Conservation – Trails (LC-T) District, lands designated for parks or trails on the Official
Town Map or in the Town of Rhinebeck Comprehensive Plan; and
e. For lands lying within 1,000 feet of the mean high water mark of the Hudson River.
3. A new principal or accessory building for which a building permit and Site Plan approval is
required by the Town of Rhinebeck.
4. Any amendment to a previously approved Site Plan.
5. When expansion of an existing principal or accessory building occurs for which a building
permit and Site Plan approval is required by the Town of Rhinebeck. A master plan for all uses
is required for multiple uses if any one requires Site Plan approval.
6. For uses that require Site Plan approval, a change of the intensity of use, a change of signage or
lighting, a change in the amount of floor area devoted to an existing use, or the addition of a
new business use or activity (e.g. creating a greater number of dwelling units, increasing the
amount of retail space or other floor area available to customers, or additional seating in a
restaurant or place of public assembly) or increased demands on water supply, sanitary sewage
disposal, stormwater management, and zoning compliance.
7. A change will occur in the extent of the site devoted to off-street parking, service or loading
areas, outdoor storage (both wholly and partially-enclosed), and similar features.
8. For all uses that require Site Plan approval and site modifications are undertaken to comply
with the requirements of the Dutchess County Health Department, New York State
Department of Transportation, the New York State Department of Environmental
Conservation, or any other agency or jurisdiction.
9. For all uses that require Site Plan approval and where alterations will occur in principal site
elements, including but not limited to the location, number and configuration of parking
spaces; the location and configuration of access and egress points; the location, height, type and
intensity of outdoor lighting; the location and treatment of site landscaping, including the
extent of the site devoted to lawns and open space and the location, type and extent of
landscape plant materials; the location, number and area and design of any freestanding signs;
and the location and height of fences, walls and similar improvements.
10. Initial use of buildings and/or open lands for an occupancy requiring Site Plan review and
approval will be established in accordance with Article III of this Zoning Law.
11. Site plan approval shall be required for any development which is the functional equivalent of a
land subdivision but which is structured for ownership purposes as a condominium or
townhouse/rowhouse project. In such cases, the Planning Board shall apply all relevant review
criteria contained in the Subdivision Regulations (Chapter 101 of the Town Code) as well as
the provisions of this Chapter.
(e) Existing farming operations may create both unavoidable odors and unsightliness,
commonly associated with farming operations in the area.
(f) There are dangers in letting children and pets roam into any adjacent agricultural
fields, which is private property.
(g) Residences for seasonal farm laborers are an accessory use to farming activities in
agricultural districts.
(h) Be advised of the nuisance of blowing dust caused by high winds.
(i) No building permit for a new residence shall be issued and no lot sold or conveyed
unless the applicant/purchaser of such residence/lot files a statement with the
Town Clerk that he or she understands that the lot lies within or close to an
agricultural district, within which the primary activity is farming.
ii. A deeded declaration referencing the agricultural notes has been recorded in the
Dutchess County Clerk’s Office at Liber xxxx and Page xxxx on x/x/xxxx (Note: actual
liber and page numbers to be inserted following recording).
2. Required Fees and Supporting Materials. An application for Site Plan review and approval
shall not be considered complete until accompanied by the applicable fees, an executed escrow
agreement and the supporting materials described below in Subsection E(2)(a). Such fees and
escrow agreement shall be submitted in accordance with the fee schedule established and
annually reviewed by the Town Board and with the provisions of Article XIV governing escrow
fees. The supporting materials are as follows:
a. Supporting materials. The following materials shall be submitted:
i. A copy of the deed to the property as most recently filed and/or a copy of the executed
contract of sale.
ii. A copy of each covenant, easement or deed restriction in effect or intended to cover all
or part of the tract.
iii. Written offers of easement to the Town of Rhinebeck or other pubic agencies for
purposes of stormwater drainage, utility rights-of-way, etc.
iv. Identification of all necessary permits from federal, state, county or local agencies,
approvals required from said agencies for the project’s execution, and proof of Special
Permit and/or variance approvals if applicable.
v. As applicable, soil logs from on-site borings or test pits, percolation test results, and
stormwater runoff calculations.
vi. As applicable, plans to prevent: i) the pollution of surface or groundwater; ii) erosion
of soil both during and after construction; iii) excessive runoff; iv) excessive raising or
lowering of the water table; and v) flooding of other properties.
b. Environmental Assessment Form. A complete application for Site Plan review and
approval shall be accompanied by a Short or Full Environmental Assessment Form (EAF)
as required by SEQR. To avoid delay, applicant’s are advised to familiarize themselves with
New York State’s SEQR requirements for environmental assessment, to determine whether
their proposed project meets the thresholds for a Type 1 Action and therefore requires that
a Full EAF be submitted to accompany the application for Site Plan approval. If the site is
located in a visually sensitive area or on a scenic road identified in the Town Comprehensive
Plan, a Visual EAF Addendum will also need to be submitted. All applications made for
lands within or contiguous to the Hudson River National Historic Landmark District, the
Town of Rhinebeck National Register of Historic Places Multiple Resource District, or any
building, structure or site listed individually on the State or National Register of Historic
Places shall require the submission of a Full EAF. Such lands are illustrated in the Town
Comprehensive Plan, but applicants are on notice that additional properties in the Town may
be listed on the State or National Register of Historic Places subsequent to adoption of the
Comprehensive Plan.
c. Additional SEQR supporting materials. If the Planning Board is designated as Lead
Agency for the SEQR review of a Site Plan application, there may be additional
information required to be submitted by the applicant, before the Planning Board can
consider the application complete. Under SEQR, an application cannot be considered
complete until the Planning Board, if acting as Lead Agency, has determined the
significance of the project and adopted a Negative Declaration or deemed a Draft
Environmental Impact Statement is complete. In making its determination of significance,
the Planning Board, if acting as Lead Agency, will consider the impact categories on the
Part 2 EAF, the following additional SEQR supporting materials if required, depending on
the size and potential degree of impact on the Town:
i. Analysis of fiscal impacts to the Town, funded by the applicant, including projected tax
revenues and cost of community services using a methodology in common use, such as
that described in the most recent versions of Rutgers University’s Center for Urban
Affairs publications entitled The Fiscal Impact Handbook and The New Practitioner’s Guide
to Fiscal Impact Analysis and funded by the applicant.
ii. A cultural resource assessment, funded by the applicant, if the land lies within or
contiguous to the Hudson River National Historic Landmark District, the Town of
Rhinebeck National Register of Historic Places Multiple Resource District, or any
building, structure or site listed individually on the State or National Register of
Historic Places, is in an area identified as an archaeologically sensitive area by the State
of New York on the New York State Site Inventory or by the Town Historian or other
Town Official charged with cultural resource responsibilities. Applications within such
areas identified as archaeologically sensitive shall be referred to the Town Historian,
such other Town officials charged with cultural resource responsibilities, and/or the
Field Services Bureau of the New York State Office of Parks, Recreation and Historic
Preservation for recommendations. The Planning Board may require more detailed
on-site investigations when it is deemed necessary to assess potential adverse impacts
on cultural resources.
iii. A traffic impact study and analysis due to the proposal’s location in heavy traffic areas
or because of its potential traffic generating characteristics. Such study and analysis
shall be funded by the applicant, shall be consistent, at a minimum, with the Traffic
Study Methodology Guidelines published by the New York State Department of
Transportation, and shall include:
(1) The projected number of motor vehicle trips to enter or leave the site, estimated
adjoining buildings.
e. Newly installed utility services, and service revisions which necessitate exterior alterations,
shall be underground.
3. Relationship of Buildings and Site to Adjoining Area.
a. Site Plans proposed for non-residential uses adjacent to a residential district or residential
uses shall be reviewed with regard to the impact of the development on that district or use.
b. The Planning Board shall encourage the use of a combination of common materials,
landscaping, buffers, screens and visual interruptions in order to create attractive
transitions between buildings of different architectural styles.
4. Landscape, Buffering and Site Treatment. Landscaping shall be in accordance with Article V,
Section W and as follows:
a. Where possible, natural or existing topographic patterns, which contribute to beauty and
character of a development, shall be preserved.
b. Grades of walks, parking spaces, terraces, and other paved areas shall provide an inviting
appearance.
c. Landscaping should dominate the Site Plan and integrate the various elements of site
design, preserving and enhancing the particular identity of the site, including architectural
features, scenic vistas and visual corridors and should provide shade, except where it would
interfere with solar energy systems or have the potential to interfere with future solar energy
systems.
d. Unity of design shall be achieved by repetition of certain plant varieties and other materials
and by coordination with adjacent developments.
e. Plant material shall be selected for interest in its structure, texture, and color, and in
consideration of its ultimate growth pattern. Plants shall be used which are indigenous to
the area and others that will be hardy, harmonious to the design, and exhibit a good
appearance.
f. In locations where plants will be susceptible to injury by pedestrian or motor traffic, they
shall be protected by appropriate curbs, tree guards, or other devices.
g. Parking areas and traffic ways shall be enhanced with landscaped islands, containing trees
and tree groupings.
h. Screening of service yards, refuse containers, and other places that tend to be unsightly,
shall be accomplished by use of walls, fencing, planting, or combinations of these, with all
such enclosures being compatible in material, texture and color with the principal building
or buildings on the site.
i. Landscaping shall be designed and maintained so as not to create hazardous conditions.
5. Lighting
a. Exterior lighting shall be in accordance with Article V, Section V of the Zoning Law and
shall enhance the building design and the adjoining landscape. Lighting standards and
building fixtures shall be of a design and size compatible with the building and adjacent
areas.
b. The number of light standards and the intensity of lighting shall be the minimum
necessary to illuminate the location for safety, without glare or light spillage to adjoining
properties.
c. Lighting standards shall be appropriate to the design of the structures and shall not exceed
fifteen (15) feet in height.
6. Building Design
a. Building design shall make appropriate recognition of compatible building forms
indigenous to the community, and, in particular of the historic character of the Village,
Hamlet of Rhinecliff and Town of Rhinebeck.
b. Materials shall have good architectural character and shall be selected for harmony with
traditional building materials. Except when wholly impractical, natural materials shall be
used.
c. Building components such as windows, roof lines, doors, eaves and parapets, shall have
well-designed proportions and relationships to one another and be compatible with the
historic character of the Village, Hamlet of Rhinecliff and Town of Rhinebeck.
d. Mechanical equipment such as air conditioners and satellite dishes, or other utility
hardware located on roofs, the ground, or buildings shall be screened from public view
with materials harmonious with the building, specified as to color so as to blend with their
surroundings, or located so it is not visible from any public or private road, public lands,
recreation area, or privately conserved lands.
7. Signs
a. Every sign shall be wholly consistent with the requirements set forth in Article V, Section C
of this Zoning Law and shall be well proportioned in its design and in its visual
relationship to buildings and surroundings.
b. Every sign shall be designed as an integral architectural element of the building and site to
which it principally relates.
c. The colors, materials, and lighting of every sign shall be restrained and shall be
harmonious with the building and site to which it principally relates.
d. The number of graphic elements on a sign shall be held to the minimum needed to convey
the sign's major message and shall be composed in proportion to the area of the sign face.
e. Identification signs of a prototype design and corporation logos shall be modified to
conform to the criteria for all signs within the Town of Rhinebeck as required by Article V,
Section C(16) of this Zoning Law.
8. Ecological Considerations
a. The proposal shall result in minimal degradation of unique or irreplaceable land types and
in minimal adverse impact upon areas of environmental concern as determined by the
Planning Board or as identified by other Involved or Interested Agencies during the SEQR
review process.
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.
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, when
applicable, to the Dutchess County Department of Planning and Development for advisory
review and a report in accordance with Sections 239 (l) and 239 (m) of the General Municipal
Law. No action shall be taken by the Planning Board on such application until an advisory
recommendation has been received from said County Department of Planning and
Development or thirty (30) days have elapsed since the Department received such full
statement. In the event that the Dutchess County Department of Planning and Development
recommends disapproval of the proposal or recommends modification thereof within such
time period or at a later date prior to final action by the Planning Board, the Planning Board
shall not act contrary to such recommendation except by a vote of a majority plus one of all the
members after the adoption of a resolution fully setting forth the reasons for such contrary
action. Within thirty (30) calendar days after such final action, the Planning Board shall file a
report of the final action it has taken with the County Department of Planning and
Development.
6. Waiver of Requirements. The Planning Board may waive any specific requirements set forth in
Article VII of this Zoning Law for the approval, approval with modifications or disapproval of a
Site Plan submitted for approval, including the submission requirements for activities deemed
by the Planning Board to be minor. The grant of any such waiver shall be accompanied by a
written finding that compliance with the requirement is either not requisite in the interest of
the public health, safety and general welfare or inappropriate to the particular Site Plan. The
Planning Board may, in granting waivers, incorporate such reasonable conditions as will, in its
judgment, substantially secure the objectives of the requirements so waived. No waiver or
modification may be deemed approved or granted by implication. All waivers and
modifications must be expressly set forth in the findings of the Planning Board.
7. Conditions on Approval. The Planning Board shall have the authority to impose such
reasonable conditions and restrictions as are directly related to and incidental to a proposed
Site Plan.
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
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.
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.
A. Intent.
The intent of this Article is to enable, encourage, and implement certain policies established in The
Town of Rhinebeck Comprehensive Plan by implementing regulations that would facilitate creation of
a Traditional Neighborhood Development (TND) near the village of Rhinebeck in the area known
as Astor Flats. By creating a district that permits a mix of uses at higher densities and in a pattern
reminiscent of a traditional village, other policies and objectives of the Comprehensive Plan can be
achieved including, but not limited to: preservation of open space, farmland, natural beauty and
environmental quality; creation of a range of housing opportunities, price levels and choices to
accommodate a variety of age and income groups and residential preferences; and creation of
greater opportunities for traditional community living, working, and recreation for residents of the
Town. It is recognized that in creating mixed-use centers, compensation for disturbances to
wetlands and other surface waters may require mitigation measures within or outside the TND area.
B. Purpose.
The specific purposes of the Astor Flats Traditional Neighborhood Development District are to:
1. Reclaim an existing commercial shopping strip by creating a traditional mixed-use
neighborhood along Route 9 north of the Village, referred to as the Astor Flats TND, that
would allow retail, office, civic uses, townhouses, and multi-family dwellings in a traditional
Main Street area and predominantly single-family dwellings in a traditional neighborhood
residential area;
2. Take advantage of compact building design to promote housing affordability, energy efficiency;
and minimization of greenhouse gas emissions;
3. Make development decisions predictable, fair and cost- effective;
4. Reinforce and continue more compact walkable development close to services and along an
express bus transit line, while simultaneously protecting the greenbelts around them as
treasured open space, free of development;
3. The Illustrative Concept Plan is intended to serve as a guide for future land development
within the TND. Applications for land development within the TND must demonstrate
substantial compliance with the principles shown in the Illustrative Concept Plan. The
Planning Board shall have sole discretion to determine if substantial compliance is achieved.
4. The Illustrative Concept Plan includes a Main Street Area, two Residential Neighborhood
Areas to the north and south of the Main Street Area, and a network of public and private
green spaces.
a. The Main Street Area would include existing buildings, and new building types that would
accommodate retail, offices, civic uses, rowhouses and apartments. The Main Street Area is
characterized by a tight network of streets, with wide sidewalks, steady street tree plantings,
and buildings set close to the frontages.
b. The Residential Neighborhood Areas would provide for attached and detached 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
D. Applicability
1. This Article uses the terms "shall" when required; "should" when recommended; and "may"
when preferred.
2. The provisions of this Article, when in conflict with other Articles of the Town of Rhinebeck
Zoning Law and Subdivision Regulations, shall take precedence over those other Articles,
regulations, and standards. It is recognized that in creating mixed-use centers that
compensation for disturbances to wetlands and other surface waters may require mitigation
measures within or outside the TND area.
3. The provisions of this Article shall not take precedence over any laws governing environmental
resources regulated by State or federal laws, including but not limited to wetlands, floodplains,
and stormwater management.
4. The Zoning Law and Subdivision Regulations continue to be applicable to issues not covered
by this Article except where these would contradict the TND Intent and Purposes (Article VIII,
Sections A and B), in which case the conflict shall be resolved in favor of this Article.
5. Terms used throughout this Article shall take their commonly accepted meanings or as defined
at Article VIII, Section W.
E. Required Approvals
1. Building Permits. No Building Permit for a new residential unit or units shall be issued unless
it is in accordance with the regulations of this Article.
2. All applications for new construction within the Astor Flats TND district require a Special Use
Permit and Site Plan approval by the Planning Board.
3. The Planning Board shall review each Special Use Permit for a TND using the general
standards found in Article VI, Sections C and D as well as the special conditions found in
Article VIII, Section R.
4. Management of on-site stormwater shall be in accordance with the Town of Rhinebeck
Stormwater Management requirements or the New York State Stormwater Management
Guidance Manual, whichever is more stringent.
F. Pre-Existing Conditions
1. Existing buildings that do not conform to the provisions of this Article may continue in use as
they are until a substantial modification is requested, at which time the Planning Board shall
determine which provisions of this Article shall apply.
2. Existing buildings that, when renovated, have at any time received a Certificate of Occupancy
shall not require upgrade to the current Building Code and may meet the standards of the
Zoning Law under which they were originally permitted.
3. The modification of existing buildings is permitted by right if such changes result in greater
conformance with the specifications of this Article.
4. Vacant and/or unoccupied commercial buildings that do not have a Certificate of Occupancy,
a Special Use Permit, and/or Site Plan approval shall conform to the requirements of Table 2
for any re-occupancy.
5. The Illustrative Concept Plan identifies uses and design forms for the TND. Some lots do not
have designated uses for future development due to existing conditions on those lots or on
surrounding lots and the overall intent to implement the Illustrative Concept Plan. The
Planning Board may grant a waiver for any lot shown on the Illustrative Concept Plan as vacant
and with no use attributed to it and that was in existence on the effective date of this Zoning
Law. Such lots may be developed in accordance with the Table of Bulk Requirements and the
Table of Use Requirements for the Community Business South District, referred to in the 1989
Zoning Law as the Highway Business District, and other applicable regulations of the 1989
Zoning Law as guidance.
6. All outdoor lighting fixtures already installed prior to the effective date of this Zoning Law,
shall be brought into compliance with the provisions of this Article within five (5) years from
date of adoption of this Zoning Law or at the time a substantial modification is requested. No
replacement or installation of new luminaries shall be permitted unless in conformance with
this Article. Non-conforming outdoor lighting that is the subject of Subdivision, Special Use
Permit and/or Site Plan applications, Certificates of Occupancy, No-violation Letters, or other
permit, approval, entitlement, or authorization from the Town of Rhinebeck shall be subject to
all of the terms and conditions of this Article.
7. Any sign which does not conform to the provisions herein, whether or not as a consequence of
a variance, shall be deemed a nonconforming sign and shall be taken down and removed by the
owner on or before the expiration of five (5) years from the effective date of this Zoning Law,
and such lapse of time shall be deemed sufficient to amortize the cost thereof. The Town of
Rhinebeck shall be responsible for written notification sent to all owners of the property to
their last known address of record by certified mail, return receipt requested, and the permit
holder, if any, at the permit holder’s last known address of record by certified mail, return
receipt requested by the Zoning Enforcement Officer or any duly appointed deputy
administrator of such nonconforming sign as a condition of approval. Non-conforming signs
that are the subject of Subdivision, Special Use Permit and/or Site Plan applications,
Certificates of Occupancy, No-violation Letters, or other permit, approval, entitlement, or
authorization from the Town of Rhinebeck shall comply with the terms and conditions of this
Article.
keeping with the intent and purposes of these regulations and full compliance with SEQR
is still provided.
b. No such waiver may be granted if it would have the effect of nullifying the intent and
purposes of the Town of Rhinebeck Zoning Law, the Comprehensive Plan or this Article.
No waiver may be granted of a use regulation, a Special Use Permit condition, a regulation
of general applicability or any matter, a waiver of which is specifically prohibited in these
regulations or other provisions of the Town of Rhinebeck regulations, standards or codes.
c. The Planning Board may, in granting waivers or modifications to these site design
standards or guidelines, incorporate such reasonable conditions as will, in its judgment,
substantially secure the objectives of the requirements so waived.
d. No waiver or modification may be deemed approved or granted by implication. All waivers
and modifications must be expressly set forth in the findings of the Planning Board.
3. Variances permit a practice that is not consistent with a general provision or the Intent and
Purposes of this Article. Variances are granted by the Town Zoning Board of Appeals in
accordance with this Article and Article XI of the Zoning Law. Full public review of variances
is required including the holding of a public hearing, as required by Article XI.
4. Variances and Waivers shall be considered unique and shall not set precedent for others.
5. The following standards and requirements shall not be available for Variances or Waivers:
a. Requirements for a minimum of 20 percent affordable housing.
b. Maximum dimensions of traffic lanes.
c. Required provision of alleys.
d. Permission to build accessory apartments.
e. Requirements of parking location.
f. Buffer to existing residential lands along the easterly portion of the Astor Flats TND.
6. The following standards may only be exceeded through a Zoning Code amendment by action
of the Town Board:
a. Maximum of 125,000 square feet of non-residential primary uses, excluding any civic use.
b. Maximum of 320 dwelling units.
H. Application Types
1. Applications for new construction within the Astor Flats TND shall be designated “minor” or
“major” applications by the Planning Board.
a. Applications involving one or more parcels in common or separate ownership with a total
area less than 10.00 acres shall be considered “minor” applications. Applications for
renovation of an existing use within the Astor Flats TND shall be considered “minor”
applications.
b. Applications involving one or more parcels in common or separate ownership with a total
area equal to or greater than 10.00 acres shall be considered “major” applications.
I. Minor Applications
1. Minor applications shall require Sketch Plan and Final Plan review and approval by the
Planning Board.
2. Sketch Plan.
a. Submission Requirements. Ten (10) copies of a Sketch Plan containing the following
information shall be submitted to the Planning Board for review and action prior to
proceeding with submission of Final Plan materials.
i. A Sketch Plan of the properties involved in the application at a scale suitable for
identification of existing and proposed features showing proposed buildings, parking
areas, driveways, sidewalks, and landscaping; existing topographic contours (ten-foot
intervals); any wetlands, streams, water bodies, or floodplains; steep slopes; areas of
mature vegetation and any isolated trees with a caliper in excess of twelve (12) inches.
These plans may be based on readily available data from published sources, such as
aerial photographs, USGS topographical sheets, Town of Rhinebeck GIS, FEMA
floodplain maps, tax maps, NYSDEC wetland, or United States Fish and Wildlife
Service National Wetland Inventory (NWI) maps.
ii. A description of the proposed use(s) including the likely number of employees, visitors,
and/or residents; the likely hours of operation; and the likely frequency of deliveries by
truck.
b. Planning Board review and action.
i. The Planning Board shall determine whether the Sketch Plan demonstrates substantial
compliance with the principles shown in the Illustrative Concept Plan. In making this
determination, the Planning Board shall evaluate the following Sketch Plan
components:
(a) The location of the proposed use with respect to the Main Street and Residential
Neighborhood Areas of the Illustrative Concept Plan;
(b) The compatibility of the proposed use with respect to pre-existing uses and
planned uses shown in the Illustrative Concept Plan for the subject parcel and
adjoining parcels;
(c) The scale and orientation of proposed buildings;
(d) The location and adequacy of any proposed parking given the proposed use and
potential adjoining uses that may share parking;
(e) The adequacy of proposed landscaping or green spaces given the proposed use and
potential adjoining uses;
(f) The adequacy of proposed vehicular and pedestrian access to the proposed use
from public rights-of-way and between adjoining lots.
ii. The Planning Board shall adopt by resolution a written statement describing its
findings with respect to substantial compliance with the principles shown in the
Illustrative Concept Plan. Such resolution does not form a binding approval by the
Planning Board of the proposed use or the size, location, or quality of any physical
improvements, but rather is a statement by the Planning Board that the proposed use is
in substantial compliance with the principles shown in the Illustrative Concept Plan.
Such resolution is not considered a final determination or action under the State
Environmental Quality Review Act (SEQR) but, rather, constitutes an initial step in
the environmental review process to be completed as part of Final Plan review.
iii. Should the Planning Board determine that a proposed use is not in substantial
compliance with the principles shown in the Illustrative Concept Plan, the Planning
Board shall adopt by resolution a written statement explaining why the proposed use
fails to demonstrate substantial compliance. Any proposed use that is found to be not
in substantial compliance with the principles shown in the Illustrative Concept Plan
shall not be permitted to proceed to Final Plan review. Such a resolution by the
Planning Board is not considered a denial with prejudice and the applicant may submit
a revised or reconstituted Sketch Plan for Planning Board consideration.
3. Final plan.
a. Submission requirements. Upon receipt of the Planning Board’s written resolution on the
Sketch Plan’s substantial compliance with the principles shown in the Illustrative Concept
Plan, the applicant shall submit ten (10) copies of the following materials to the Planning
Board, which materials shall constitute the requirements of a “complete application”:
i. A detailed Site Plan at a scale suitable for identification of existing and proposed
features showing all improvements planned in conjunction with the proposed uses
including information required in Article VI; the vehicle circulation system, including
existing and potential connections to adjacent streets and properties; the pedestrian
and bicycle circulation system, including connections between major buildings and
activity areas within the conceptual development plan boundaries; the location, size
and proposed surface treatment of all vehicle parking areas; building elevations; square
footage of building floor area; numbers and types of residential units, including
bedroom count and proposed floor plans; impervious surface coverage; proposed
landscaping and planted areas, with identification of sizes and types of vegetation to be
used, and method to ensure long-term survival; the location, size and design of all
existing and proposed improvements, including the stormwater management, water
supply and sewage disposal systems, and other similar features; the location, type, and
size of any proposed signs and exterior illumination; and any additional information
that will assist the Planning Board in its review of the application.
ii. A description of present uses, proposed uses and accessory uses, and possible future
uses. The description shall provide information as to the general amount and type of
each use including, but not limited to retail, service, office, lodging, recreation areas,
civic space, and housing. The likely hours of operation, and such things as the
approximate number of employees, visitors, residents, and special events shall be
included.
iii. The Required application fees including escrow and other fees required by the Town of
Rhinebeck fee schedule.
iv. Full Environmental Assessment Form (EAF).
J. Major Applications
1. Major applications shall require Concept Plan and Final Plan review and approval by the
Planning Board.
2. Concept Plan.
a. Submission Requirements. Ten (10) copies of a Concept Plan containing the following
information shall be submitted to the Planning Board for review and action prior to
proceeding with submission of Final Plan materials:
i. A Concept Plan of the properties involved in the application and other properties
immediately adjoining these properties and that are within the Astor Flats TND area at
a scale suitable for identification of existing and proposed features showing proposed
buildings, parking areas, driveways, streets, sidewalks, open spaces and landscaping;
existing topographic contours (ten-foot intervals); any wetlands, streams, water bodies,
or floodplains; steep slopes; areas of mature vegetation and any isolated trees with a
caliper in excess of twelve (12) inches. These plans may be based on readily available
data from published sources, such as aerial photographs, USGS topographical sheets,
Town of Rhinebeck GIS, FEMA floodplain maps, tax maps, NYSDEC wetland, or
United States Fish and Wildlife Service National Wetland Inventory (NWI) maps. The
Planning Board may require the Concept Plan to cover parcels not immediately
adjacent to the parcels covered by the application if inclusion of these additional
parcels would provide additional context necessary for the evaluation of the application
and its consistency with the principles of the Illustrative Concept Plan.
ii. A description of the proposed use(s) including the total number of residential units
and non-residential square-footage (civic uses shall be totaled separately); the likely
number of employees, visitors, and/or residents; the likely hours of operation; and the
likely frequency of deliveries by truck.
iii. The Concept Plan shall show proposed use(s) in the context of existing and potential
development on adjoining properties in compliance with the principles shown in the
Illustrative Concept Plan and any potential shared access, parking, or green spaces.
b. Planning Board review and action.
i. The Planning Board shall determine whether the Concept Plan demonstrates
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 Plan
fails to demonstrate substantial compliance. Any Concept Plan that is found to be not
in substantial compliance with the principles shown in the Illustrative Concept Plan
shall not be permitted to proceed to Final Plan review. Such a resolution by the
Planning Board is not considered a denial with prejudice and the applicant may submit
a revised or reconstituted Sketch Plan for Planning Board consideration.
3. Final plan.
a. Submission requirements. Upon receipt of the Planning Board’s written resolution on the
Concept Plan’s substantial compliance with the principles shown in the Illustrative
Concept Plan, the applicant shall submit ten (10) copies of the following materials to the
Planning Board.
i. An overall Development Plan and any details of such Development Plan at a scale
suitable for identification of existing and proposed features showing all improvements
planned in conjunction with the proposed uses including information required in
Article VI; the vehicle circulation system, including existing and potential connections
to adjacent streets and properties; the pedestrian and bicycle circulation system,
including connections between major buildings and activity areas within the
conceptual development plan boundaries; the location, size and proposed surface
treatment of all vehicle parking areas; building elevations; square footage of building
floor area; numbers and types of residential units, including bedroom count and
proposed floor plans; impervious surface coverage; proposed landscaping and planted
areas, with identification of sizes and types of vegetation to be used, and method to
ensure long-term survival; the location, size and design of all existing and proposed
improvements, including the stormwater management, water supply and sewage
disposal systems, and other similar features; the location, type, and size of any proposed
signs and exterior illumination; and any additional information that will assist the
Planning Board in its review of the application.
ii. A description of present uses, proposed uses and accessory uses, and possible future
uses. The description shall provide information as to the general amount and type of
each use including, but not limited to retail, service, office, lodging, recreation areas,
civic space, and housing. The likely hours of operation, and such things as the
approximate number of employees, visitors, residents, and special events shall be
included.
iii. Information on the intended construction sequence for all components of the TND.
iv. The Required application fees including escrow and other fees required by the Town of
Rhinebeck fee schedule.
v. Full Environmental Assessment Form (EAF).
b. Planning Board review and action.
i. The Planning Board shall review the Site Plan against the standards and guidelines
identified in Article VIII, Sections R through T.
ii. The Planning Board shall conduct a public hearing within sixty-two (62) days from the
date of receipt of a complete application.
iii. Notwithstanding the requirements of the State Environmental Quality Review Act
(Article 8 of the Environmental Conservation Law) and its implementing regulations
(6 NYCRR Part 617) in the case where an environmental impact statement is being
prepared for the application, the Planning Board shall render a decision on the
application within sixty-two (62) days of the closing of the public hearing.
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.
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.
Q. Allocation of Uses
1. Main Street Area
a. The Main Street Area of the Astor Flats TND is intended primarily to meet the retail and
service needs of the immediate neighborhood within two- and three-story buildings, and
may contain other compatible uses, such as civic and institutional uses of community-wide
importance. It also provides for upper story residential uses, multi-family dwellings and
townhouses. All residences should be within approximately one-quarter (!) mile from the
Main Street area.
b. A minimum of five percent (5 %) of the gross land area of the neighborhood shall be
designated for open space uses, such as neighborhood greens, central squares or commons,
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.
1. Principal Building
2. C o nnecting Building
3. O u t b u ilding
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
d. Facades shall be built parallel to the principal frontage line or parallel to the tangent of a
curved principal frontage line.
e. Setbacks for principal buildings shall be as shown in Table 4. In the case of an infill lot,
setbacks shall match one or the other of the existing adjacent setbacks. Setbacks may be
otherwise adjusted by Variance.
f. Rear setbacks for outbuildings shall be a minimum of 12 feet measured from the centerline
of the alley or rear lane easement. In the absence of rear alley or lane, the rear setback shall
be as shown in Table 4.
g. Awnings may encroach the public sidewalk without limit. Stoops may encroach 100% of
the depth of a setback. Open porches and awnings may encroach up to 50% of the depth
of the setback. Balconies and bay windows may encroach up to 25% of the depth of the
setback.
h. Loading docks and service areas shall be permitted on frontages only by Variance.
5. General Building Configuration
a. Private Frontage types shall be as described in Figure 8 and allocated in Table 4.
Residential
Residential
Main St.
Accessory apartment !
Apartment ! !
Cottage !
Estate house !
Home occupation !
Live-work unit !
Multi-family ! !
Row house ! !
Single-family house !
Two-family house !
b. Lodging
Live-work unit !
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
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.
e. Doors and windows that operate as sliders are prohibited along frontages.
f. Pitched roofs, if provided, shall be symmetrically sloped no less than 5:12, except that
porches and attached sheds may be no less than 2:12.
g. Flat roofs shall be enclosed by parapets a minimum of 42 inches high, or as required to
conceal mechanical or electronic equipment to the satisfaction of the Planning Board.
9. General Landscape Standards
a. A minimum of one tree to match the species of street trees on the public frontage shall be
planted for each 30 feet of frontage line as illustrated in Figures 1, 3, and 5.
b. Street trees shall be of a type illustrated in Figure 5.
c. Other landscape standards of the Zoning Law shall apply.
10. General Signage Standards. Signs in the TND shall not exceed the Town of Rhinebeck Sign
Standards found in Article V, Section C.
a. One address number no more than 6 inches vertically shall be attached to the building in
proximity to the principal entrance or at a mailbox or as required by the Dutchess County
911 addressing system.
b. In the Main Street area, each building shall be limited to a total sign area of one (1) square
foot in area for every two (2) linear feet of ground-floor street frontage occupied by an
establishment, but not exceeding twenty (20) square feet, for any sign parallel to and flat
against the façade of a building or ten (10) square feet for any other sign. No one sign shall
exceed six (6) square feet.
c. Where illuminated, signs shall only be lit externally with full-spectrum source.
d. No attached sign shall extend more than four (4) feet over the street right of way/property
line.
e. Freestanding signs shall not be permitted where the building is set less than forty (40) feet
back from the property line.
f. The bottom of projecting signs shall be not less than seven (7) feet from the ground.
g. No sign shall exceed ten (10) feet in height or extend above the façade of the building to
which it is attached.
h. Interior sign coverage shall not exceed twenty percent (20 %) of the glass area or window in
which it is displayed.
11. General Ambient Standards
a. Sound levels shall not exceed the Town’s noise requirements found in Article V.
b. Lighting levels measured in foot-candles at the building frontage shall not exceed the
Town’s lighting requirements found in Article V.
c. Streetlights shall be of a general type illustrated in Figure 4.
d. Outdoor storage, including waste receptacles, shall be screened from view from any
frontage by a street screen or appropriate landscaping, in conformance with Article VIII,
Section R(8)(a) and Articles V, Section D and VII, Section C(4) of the Zoning Law.
c. Trees shall be a species with shade canopies that, at maturity, can be trimmed to remain
clear of building frontages.
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 organizations
dedicated to culture, education, government, transit, and municipal parking, or for a use
approved by the Town Board.
c. Parking for Civic uses shall be determined by the Planning Board.
2. Civic Spaces
a. The Main Street Area and the Residential Neighborhood Areas shall each include at least
5% of its area as Civic Space.
b. Civic Spaces shall be generally designed as a park, green, square or plaza as illustrated in
Figure 12 and shall be approved by the Planning Board.
c. Each Civic Space shall have a minimum of 50% of its perimeter fronting on a street.
3. Civic Structures
a. A Meeting Hall or a Third Place (i.e. a private building that includes a space conducive to
unstructured social gathering, usually bars, cafes, and corner stores) shall be provided in
proximity to the Main Civic Space of the Main Street neighborhood.
b. Civic structure sites shall not occupy more than 20% of the area of the Astor Flats TND.
c. Civic structure sites should be located within or adjacent to Civic Spaces, or at the axial
termination of significant Streets.
d. Civic Buildings shall be approved by the Planning Board on sites reserved for them.
e. Civic Buildings shall not be subject to the Requirements of Article VIII, Sections R and S.
The particulars of their design shall be determined by the Planning Board through the Site
Plan review process.
V. Street Requirements
1. General
a. The streets are intended for use by vehicular and pedestrian traffic and to provide access to
lots and open spaces.
b. The streets consist of vehicular lanes and public frontages as illustrated on Figure 1. The
lanes provide the traffic and parking capacity. They consist of vehicular lanes in a variety of
widths for parked and for moving vehicles. The frontages contribute to the character of the
neighborhood. They include the types of sidewalk, curbing, planter, and street tree.
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
AADT
Pedestrian Crossing
Design Speed
Parking 1 Side
Parallel
AADT
Pedestrian Crossing
Design Speed
Parking Both
Sides Parallel
AADT
Pedestrian Crossing
Design Speed
The design average annual daily traffic (AADT) is the determinant for each of the above sections.
b. The street network shall be designed to define blocks not exceeding the size prescribed in
Figure 2A. The size shall be measured as the sum of lot frontage lines.
c. All streets shall terminate at other streets, forming a network. Internal streets shall connect
wherever possible to those on adjacent sites. Cul-de-sacs shall be permitted only when
warranted by natural site conditions.
d. Lots shall front on a street, except that twenty percent (20%) of the lots within each
neighborhood may front on a pedestrian passage.
e. A bicycle network consisting of trails, routes and lanes shall be provided throughout the
TND as outlined in Table 4. The community bicycle network should be connected to
existing or proposed bicycle networks wherever possible.
3. Public Frontages
a. Public frontages shall be designed as shown in Figure 3 and allocated within
neighborhoods as specified in Table 4.
Total width
12-18 feet 18-24 feet 18- 30 feet
Curb
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.
! !
Oval
! !
Ball
Pyramid
Umbrella
Vase
W. Definitions.
Apartment: a dwelling unit sharing a building and a lot with other dwellings and/or uses. Apartments
may be for rent or for sale as condominiums.
Backbuilding: a single-story structure connecting a principal building to an outbuilding.
Bicycle Route (BR): a street suitable for the shared use of bicycles and automobiles moving at low
speeds.
Block: the aggregate of private lots, passages, rear lanes, and alleys, circumscribed by streets.
Building Layout: the placement of a building on its lot.
Building Use: the uses accommodated by a building and its lot.
Building Type: a structure category determined by function, layout on the lot, and configuration,
including frontage and height.
Civic Building: a building designed specifically for a civic function.
Civic Parking Reserve: parking structure or lot within a quarter-mile of the site that it serves. Space
may be leased or bought from this Reserve to satisfy parking requirements.
Civic Space: an open area dedicated for public use. Civic Space types are defined by the combination
of certain physical constants including the relationship between their intended use, their size, their
landscaping, and their buildings that front them. See Table 13.
Courtyard Building: a building that occupies the boundaries of its lot while internally defining one or
more private patios.
Design Speed: is the velocity at which a street or road tends to be driven without the constraints of
signage or enforcement. There are three ranges of speed acceptable in a TND: Very Low: (below 20
MPH); Low: (20-25 MPH); and Moderate: (25-30 MPH). Lane width is determined by desired design
speed.
Driveway: a vehicular lane within a lot, usually leading to a garage. A Driveway in the First Layer may
be used for parking if it is no more than 18 feet wide, thereby becoming subject to the constraints of a
parking lot.
Edgeyard Building: a building that occupies the center of its lot with setbacks on all sides.
Elevation: an exterior wall of a building not along a Frontage Line. See: Facade
Enfront: to place an element along a frontage line, as in “porches enfront the street.”
Entrance, Principal: the main point of access of pedestrians into a building.
Facade: the exterior wall of a building that is set along a Frontage Line (see Elevation; Frontage Line).
Frontage Line: those lot lines that coincide with a public frontage. Facades along Frontage Lines
define the public realm and are therefore more regulated than the elevations that coincide with other
Lot Lines.
Greenway: an open space corridor in largely natural conditions, which may include Trails for bicycles
and pedestrians.
Independent Building: a building designed by a different architect than the adjacent buildings.
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
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 no
existing non-conformities or non-compliances are increased. No non-conforming use shall,
however, be extended to displace a presently conforming use.
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, or
structure, at the time of the enactment of this Zoning Law. Further, any non-complying building or
structure declared unsafe by the Zoning Enforcement Officer or other property authority may be
restored to a property condition within the time period provided by such authority.
upon which the sign is located within ten (10) days after receipt of written notice from the
Zoning Enforcement Officer to remove such obsolete sign.
5. Any non-conforming sign including supporting structure, unrelated to the activity on the site,
except for off-premises directional signs, shall be removed not more than one (1) year from the
effective date of this Zoning Law.
6. Any non-conforming automobile wrecking yard or other junk yard shall be discontinued not
later than two (2) years from the effective date of this Zoning Law.
7. Any non-conforming outdoor lighting which does not contain features as provided in Article
V(V) of this Zoning Law, shall be deemed to be non-conforming lighting. However, at the time
the owner or lessee of the property having a non-conforming lighting submits an application to
the Planning Board for Site Plan and/or Special Permit approval, the non-conforming lighting
shall be subject to compliance with the provisions of Article V(V) of the Zoning Law.
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 such
changes, modifications and/or alterations in the Non-Conforming use, building and/or structure
which it determines are necessary to mitigate environmental impacts of the use, building and/or
structure identified during the SEQRA Review of the application, or to mitigate any adverse
impacts upon neighboring properties and the community.
B. Definitions.
Unless otherwise expressly stated, the following terms shall have the meaning herein indicated.
Article XVII also contains definitions of terms used in this Article:
"Building" shall mean any building, structure, or portion thereof used for residential business
or manufacturing purpose.
"Building Permit" shall mean a permit issued pursuant to Article X, Section E of this Zoning Law.
The term "Building Permit" shall also include a Building Permit which is renewed, amended or
extended pursuant to any provision of this Zoning Law.
"Certificate of Occupancy" shall mean a certificate issued pursuant to Article X, Section H of
this Zoning Law.
“Certificate of Use” shall mean a certificate issued pursuant to Article X, Section I of this
Zoning Law.
"Code Enforcement Officer" shall mean the Code Enforcement Officer appointed pursuant to
Article X, Section C of this Zoning Law.
"Code Enforcement Personnel" shall include the Code Enforcement Officer and all Inspectors.
"Compliance Order" shall mean an order issued by the Code Enforcement Officer pursuant to
Article X, Section G of this Zoning Law.
"Energy Code" shall mean the State Energy Conservation Construction Code, as currently in
effect and as hereafter amended from time to time.
"Inspector" shall mean an inspector appointed pursuant to Article X, Section C of this Zoning
Law.
"Operating Permit" shall mean a permit issued pursuant to Article X, Section M of this Zoning
Law. The term "Operating Permit" shall also include an Operating Permit which is renewed,
amended or extended pursuant to any provision of this Zoning Law.
"Permit Holder" shall mean the Person to whom a Building Permit has been issued.
"Person" shall include an individual, corporation, limited liability company, partnership,
Administration and Enforcement
limited partnership, business trust, estate, trust, association, or any other legal or commercial
entity of any kind or description.
"Stop Work Order" shall mean an order issued pursuant to Article X, Section G of this Zoning
Law.
"Temporary Certificate" shall mean a certificate issued pursuant to Article X, Section H of this
Zoning Law.
"Town" shall mean the Town of Rhinebeck.
"Uniform Code" shall mean the New York State Uniform Fire Prevention and Building Code,
as currently in effect and as hereafter amended from time to time.
"Zoning Enforcement Officer" shall be the Zoning Enforcement Officer appointed pursuant to
Article X, Section D of this Zoning Law.
l. To exercise all other powers and fulfill all other duties conferred upon the Code
Enforcement Officer by this Zoning Law.
2. The Code Enforcement Officer shall be appointed by the Town Board. The Code Enforcement
Officer shall possess background experience related to building construction or fire prevention
and shall, within the time prescribed by law, obtain such basic training, in-service training,
advanced in-service training and other training as the State of New York shall require for code
enforcement personnel. The Code Enforcement Officer shall obtain certification from the
State Fire Administrator pursuant to the Executive Law and the regulations promulgated
thereunder.
3. In the event that the Code Enforcement Officer is unable to serve as such for any reason, an
individual shall be appointed by the Town Board to serve as Acting Code Enforcement Officer.
The Acting Code Enforcement Officer shall, during the term of his or her appointment,
exercise all powers and fulfill all duties conferred upon the Code Enforcement Officer by this
Zoning Law.
4. One or more Inspectors may be appointed by the Town Board to act under the supervision and
direction of the Code Enforcement Officer and to assist the Code Enforcement Officer in the
exercise of the powers and fulfillment of the duties conferred upon the Code Enforcement
Officer by this Zoning Law. Each Inspector shall, within the time prescribed by law, obtain
such basic training, in- service training, advanced in-service training and other training as the
State of New York shall require for code enforcement personnel, and each Inspector shall
obtain certification from the State Fire Administrator pursuant to the Executive Law and the
regulations promulgated thereunder.
5. The compensation for the Code Enforcement Officer and Inspectors shall be fixed from time to
time by the Town Board of this Town.
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 floor 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 from
the requirement to obtain a building permit for work in any category set forth in Article X,
Section E(2) of this Section shall not be deemed an authorization for work to be performed in
violation of the Uniform Code or the Energy Code.
4. Applications for Building Permits. Applications for a Building Permit shall be made in
writing on a form provided by or otherwise acceptable to the Code Enforcement Officer. The
application shall, be signed by the owner of the property where the work is to be performed or
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 to
ascertain whether the proposed work is in compliance with the applicable requirements of the
Uniform Code and Energy Code. The application shall also be reviewed by the Zoning
Enforcement Officer for compliance with the provisions of the Zoning Law. The Code
Enforcement Officer shall issue a Building Permit if the proposed work is in compliance with
the applicable requirements of the Uniform Code and Energy Code.
7. Building Permits to be displayed. Building permits shall be visibly displayed at the work site
and shall remain visible until the authorized work has been completed.
8. Work to be in accordance with construction documents. All work shall be performed in
accordance with the construction documents which were submitted with and accepted as part
of the application for the Building Permit. The Building Permit shall contain such a directive.
The Permit Holder shall immediately notify the Code Enforcement Officer of any change
occurring during the course of the work. The Building Permit shall contain such a directive. If
the Code Enforcement Officer determines that such change warrants a new or amended
Building Permit, such change shall not be made until and unless a new or amended Building
Permit reflecting such change is issued.
9. Time limits. Building Permits shall become invalid unless the authorized work is commenced
within one (1) year following the date of issuance. Building Permits shall expire one (1) year
after the date of issuance. A Building Permit which has become invalid or which has expired
pursuant to this subdivision may be renewed upon application by the Permit Holder, payment
of the applicable fee, and approval of the application by the Code Enforcement Officer.
10. Revocation or suspension of Building Permits. If the Code Enforcement Officer determines
that a Building Permit was issued in error because of incorrect, inaccurate or incomplete
information, or that the work for which a Building Permit was issued violates the Uniform
Code or the Energy Code, the Code Enforcement Officer shall revoke the Building Permit or
suspend the Building Permit until such time as the Permit Holder demonstrates that:
a. 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;
d. If applicable, state the conditions which must be satisfied before work will be permitted to
resume.
3. Service of Stop Work Orders. The Code Enforcement Officer or ZEO shall cause the Stop
Work Order, or a copy thereof, to be served on the owner of the affected property (and, if the
owner is not the Permit Holder, on the Permit Holder) personally or by registered or certified
mail. The Code Enforcement Officer or ZEO shall be permitted, but not required, to cause the
Stop Work Order, or a copy thereof, to be served on any builder, architect, tenant, contractor,
subcontractor, construction superintendent, or their agents, or any other Person taking part or
assisting in work affected by the Stop Work Order, personally or by registered or certified mail;
provided, however, that failure to serve any Person mentioned in this sentence shall not affect
the efficacy of the Stop Work Order.
4. Effect of Stop Work Order. Upon the issuance of a Stop Work Order, the owner of the
affected property, the Permit Holder and any other Person performing, taking part in or assisting
in the work shall immediately cease all work which is the subject of the Stop Work Order.
5. Remedy not exclusive. The issuance of a Stop Work Order shall not be the exclusive remedy
available to address any event described in Article X, Section G(1)(a) of this Section, and the
authority to issue a Stop Work Order shall be in addition to, and not in substitution for or
limitation of, the right and authority to pursue any other remedy or impose any other penalty
under Article X, Section R (Violations) of this Zoning Law or under any other applicable Zoning
Law or State law. Any such other remedy or penalty may be pursued at any time, whether prior
to, at the time of, or after the issuance of a Stop Work Order,
H. Certificates of Occupancy.
1. Certificates of Occupancy Required. A Certificate of Occupancy shall be required for any
work which is the subject of a Building Permit and for all structures, buildings, or portions
thereof, which are converted from one use or occupancy classification or sub-classification to
another. Permission to use or occupy a building or structure, or portion thereof for which a
Building Permit was previously issued shall be granted only by issuance of a Certificate of
Occupancy.
2. Issuance of Certificates of Occupancy. The Code Enforcement Officer shall issue a Certificate
of Occupancy if the work which was the subject of the Building Permit was completed in
accordance with all applicable provisions of the Uniform Code and Energy Code and, if
applicable, that the structure, building or portion thereof that was converted from one use or
occupancy classification or sub-classification to another complies with all applicable provisions of
the Uniform Code and Energy Code. The Code Enforcement Officer or an Inspector
authorized by the Code Enforcement Officer shall inspect the building, structure or work prior
to the issuance of a Certificate of Occupancy. In addition, where applicable, the following
documents, prepared in accordance with the provisions of the Uniform Code by such person or
persons as may be designated by or otherwise acceptable to the Code Enforcement Officer, at
the expense of the applicant for the Certificate of Occupancy, shall be provided to the Code
Enforcement Officer prior to the issuance of the Certificate of Occupancy:
inaccurate or incomplete information, and if the relevant deficiencies are not corrected to the
satisfaction of the Code Enforcement Officer within such period of time as shall be specified by
the Code Enforcement Officer, the Code Enforcement Officer shall revoke or suspend such
Certificate.
6. Fee. The fee specified in or determined in accordance with the provisions set forth in the
Town’s Fee Schedule must be paid at the time of submission of an application for a Certificate
of Occupancy or for Temporary Certificate.
I. Certificate of Use.
1. Certificate of Use Required. A Certificate of Use shall be required for any change of use or
institution of new use for which a Building Permit is required, and for any use, building or
structure for which a Special Use Permit and/or Site Plan Approval has been issued by the
Planning Board. A Certificate of Use shall also be required for any structure or building, or
portion thereof, for which a Certificate of Occupancy is required under this Chapter.
2. Issuance of Certificate of Use. The Zoning Enforcement Officer shall issue a Certificate of
Use if he or she has determined: (i) all work has been completed in accordance with the
Building Permit and the Code Enforcement Officer has determined that a Certificate of
Occupancy will be issued; (ii) the use of the land, building and structure and/or the building or
structure complies with the provisions of the Zoning Law; (iii) the applicant has complied with
all conditions imposed by the Planning Board; has completed all of the infrastructure and site
improvements required by the Planning Board approval; and has posted the requisite security
for the completion of those improvements, as required by the Planning Board and the Town
Board. The Zoning Enforcement Officer shall inspect the land, building or structure prior to
the issuance of the Certificate of Use. Prior to the issuance of the Certificate of Use, the
applicant shall provide a written statement to the Zoning Enforcement Officer of the
applicant's intended use of the land, building and/or structure.
3. Contents of Certificates of Use. A Certificate of Use shall contain the following information:
a. 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
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.
1. Investigation and Report. When the ZEO, in his/her own opinion, or upon receipt of
information that a building: (1) is or may become dangerous or unsafe to the general public; (2)
is open at the doorways and windows, making it accessible to and an object of attraction to
minors under eighteen years of age, as well as to vagrants and other trespassers; (3) is or may
become a place of rodent infestation; (4) presents any other danger to the health, safety, morals
and general welfare of the public; or (5) is unfit for the purposes for which it may lawfully be
used, he or she shall cause or make an inspection thereof and report in writing to the Town
Board of the Town of Rhinebeck his/her findings and recommendations in regard to its repair
or demolition and removal.
2. Town Board. The Town Board shall thereafter consider such report and by resolution
determine if in its opinion the report so warrants that such building is unsafe and/or
dangerous and order its repair if the same can be safely repaired or its demolition and removal,
and further order that a notice be served upon the persons and in the manner provided herein.
3. Notice, Contents. The notice shall contain the following:
a. 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 notice
upon any adult person residing or occupying said premises if such person can be reasonably
found; and (3) by securely affixing a copy of such notice upon the unsafe building. A copy of
the Notice served as provided herein shall be filed in the Office of the County Clerk of the
County of Dutchess.
5. Refusal to Comply. In the event of the refusal or neglect of the person so notified to comply
with the said order of the Town Board and after the hearing, the Town Board shall provide for
the demolition and removal of such building or structure either by Town employees or by
contract. Except in emergency as provided in Section 10 hereof, any contract for demolition
and removal of a building in excess of $10,000 shall be awarded through competitive bidding.
6. Assessment of Expenses. All expenses incurred by the Town in connection with the
proceedings to repair and secure, or demolish and remove the unsafe building, including the
cost of actually removing such building, and all reasonable and necessary legal expenses
incidental thereof, shall, at the option of the Town Board either: (i) Be assessed against the
land on which such building is located and shall be levied and collected in the same manner as
provided in the Town Law for the levy and collection of a special ad valorem levy, or (ii) Be
collected by commencement of a special proceeding against the owner of said unsafe or
dangerous building or structure pursuant to General Municipal Law §78-b.
7. Emergency Cases. Where it reasonably appears that there is present a clear and imminent
danger to life, safety or health of any person or property, unless an unsafe building is
immediately repaired and secured or demolished, the Town Board may by resolution authorize
the Building Inspector to immediately cause the repair or demolition of such unsafe building.
The expenses of such repair or demolition shall be a charge against the land on which it is
located and shall be assessed, levied and collected as provided in Section 6 hereof.
M. Operating Permits.
1. Operating Permits required. Operating Permits shall be required for conducting the activities
or using the categories of buildings listed below. Any person who proposes to undertake any
activity or to operate any type of building listed in this subdivision (1) shall be required to
obtain an Operating Permit prior to commencing such activity or operation.
a. Manufacturing, storing or handling hazardous materials in quantities exceeding those listed
in Tables 2703.1.1(1), 2703.1.1(2), 2703.1.1(3) or 2703.1.1(4) in the publication entitled
"Fire Code of New York State" and incorporated by reference in 19 NYCRR Section
1225.1;
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 to
public 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 Operating
Permit.
4. Multiple Activities. In any circumstance in which more than one activity listed in subdivision
(a) of this Section is to be conducted at a location, the Code Enforcement Officer may require a
separate Operating Permit for each such activity, or the Code Enforcement Officer may, in his
or her discretion, issue a single Operating Permit to apply to all such activities.
5. Duration of Operating Permits. Operating permits shall be issued for such period of time, not
to exceed one year in the case of any Operating Permit issued for an area of public assembly and
not to exceed three years in any other case, as shall be determined by the Code Enforcement
Officer to be consistent with local conditions. The effective period of each Operating Permit
shall be specified in the Operating Permit. An Operating Permit may be reissued or renewed
upon application to the Code Enforcement Officer, payment of the applicable fee, and
approval of such application by the Code Enforcement Officer.
6. Revocation or suspension of Operating Permits. If the Code Enforcement Officer determines
that any activity or building for which an Operating Permit was issued does not comply with
any applicable provision of the Uniform Code, such Operating Permit shall be revoked or
suspended.
7. Fee. The fee specified in or determined in accordance with the provisions set forth in the
Town’s Fee Schedule must be paid at the time submission of an application for an Operating
Permit, for an amended Operating Permit, or for reissue or renewal of an Operating Permit.
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.
3. Fee. The fee specified in or determined in accordance with the provisions set forth in the
Town’s Fee Schedule must be paid prior to or at the time each inspection performed pursuant
to this Section. This subdivision shall not apply to inspections performed by OFPC.
O. Complaints.
The Code Enforcement Officer and ZEO shall review and investigate complaints which allege or
assert the existence of conditions or activities that fail to comply with the Uniform Code, the
Energy Code, this Zoning Law, or any other Law, ordinance or regulation adopted for
administration and enforcement of the Uniform Code or the Energy Code. The process for
responding to a complaint shall include such of the following steps as the officer may deem to be
appropriate:
1. Performing an inspection of the conditions and/or activities alleged to be in violation, and
documenting the results of such inspection;
2. If a violation is found to exist, providing the owner of the affected property and any other Person
who may be responsible for the violation with notice of the violation and opportunity to abate,
correct or cure the violation, or otherwise proceeding in the manner described in Article X,
Section R (Violations) of this Zoning Law;
3. If appropriate, issuing a Stop Work Order and/or Compliance Order;
4. If a violation which was found to exist is abated or corrected, performing an inspection to ensure
that the violation has been abated or corrected, preparing a final written report reflecting such
abatement or correction, and filing such report with the complaint.
P. Record Keeping.
1. The Code Enforcement Officer and ZEO shall keep permanent official records of all transactions
and activities conducted by the officer and Personnel, including records of:
a. All applications received, reviewed and approved or denied;
R. Violations.
1. Compliance Orders. The Code Enforcement Officer and ZEO are authorized to order in
writing the remedying of any condition or activity found to exist in, on or about any building,
structure, or premises in violation of the Uniform Code, the Energy Code, or this Zoning Law.
Upon finding that any such condition or activity exists, the officer shall issue a Compliance
Order. The Compliance Order shall: (1) be in writing; (2) be dated and signed by the Officer;
(3) specify the condition or activity that violates the Uniform Code, the Energy Code, or this
Zoning Law; (4) specify the provision or provisions of the Uniform Code, the Energy Code, or
this Zoning Law which is/are violated by the specified condition or activity; (5) specify the
period of time which the Officer deems to be reasonably necessary for achieving compliance;
(6) direct that compliance be achieved within the specified period of time; and (7) state that an
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.
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
or authorize a variance, an affirmative vote of at least three (3) members shall be required. An
affirmative vote of a majority plus one, i.e. at least four (4) members, shall also be required if
the action taken by the Zoning Board of Appeals is contrary to an advisory recommendation
received from the Dutchess County Department of Planning and Development under the
provisions of Section 239 of the General Municipal Law. The Board shall keep accurate
minutes of its proceedings documenting fully all findings and showing the vote of each member
upon each question and shall keep records of its examination and other official actions. All
meetings of the Board of Appeals shall be open to the public to the extent provided in Article 7
of the Public Officers Law.
2. Application and Fee. All appeals and applications made to the Zoning Board of Appeals shall
be in writing, on forms prescribed by the Board, within sixty (60) days of the filing of the
decision, determination or order of the official appealed from, as set forth in Article XIV of
this Zoning Law, and shall be accompanied by the applicable fee in accordance with the fee
schedule annually reviewed and established by the Town Board. Every appeal or application
shall refer to the specific provision of the Zoning Law or Uniform Code that is involved and
shall precisely set forth either the interpretation that is claimed or the details of the variance or
other relief that is applied for and the ground on which it is claimed that such variance or other
relief should be granted. Each application shall also be accompanied by a short or full
Environmental Assessment Form as required by the Board of Appeals pursuant to SEQR,
Article 8 ECL and Title 6 Part 617 NYCRR.
3. Stays. An appeal shall stay all proceedings, in accordance with the provisions of Article XIV of
this Zoning Law.
4. Public Notice and Hearing. The Board of Appeals shall fix a reasonable time and place for a
public hearing on any such appeal or application. The appellant shall be given notice of the
hearing date and of the fact that at such hearing he or she shall appear in person or be
represented by attorney or other agent. Any other interested party may appear at such public
hearing in person or be represented by attorney or other agent, or submit comments in writing
for receipt prior to, or at the time of, the public hearing. The Board of Appeals shall
additionally provide notice as follows:
a. By publishing at least five (5) calendar days prior to the date thereof a legal notice in the
official newspaper, or paper of general circulation in, the Town.
b. In any application or appeal for a variance, by requiring that the Secretary of the Board of
Appeals provide notice at least five (5) calendar days prior to the date thereof of the
substance of every appeal for a variance together with a notice of the hearing thereon by
certified mail to the owners of all property abutting, or directly opposite, that of the
applicant and to all other owners within five hundred (500) feet or such additional
distances as the Board of Appeals may deem advisable, of the application. Compliance
with this notification procedure shall be certified to by the Secretary and the Town shall
charge the applicant either a flat rate or a statement amount per notice for satisfying this
requirement.
c. The cost of any such notification shall be borne by the appealing party and paid to the
Board prior to the hearing of such appeal.
d. The names and addresses of owners notified shall be taken as such appeal on the last
8. Expiration of Approval. Unless construction or use is diligently commenced within one (1)
calendar year from the date of the granting of a variance, such variance shall become null and
void without further hearing or action by the Zoning Bard of Appeals.
9. Strict Construction. All provisions of this Zoning Law pertaining to the Zoning Board of
Appeals shall be strictly construed. The Board of Appeals shall act in full conformity with all
provisions of law and of this Zoning Law and in strict compliance with all limitations contained
therein, provided, however, that if the procedural requirements set forth in this Zoning Law
have been substantially observed, no applicant or appellant shall be deemed deprived of the
right of application or appeal.
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.
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.
Law.
6. Whether such proposed amendment is consistent with and furthers the goals and objectives of
the Town of Rhinebeck Comprehensive Plan.
7. Whether the use(s) permitted by the proposed change would be appropriate in the area
concerned.
8. Whether the proposed change is in accord with any existing or proposed plans in the vicinity.
9. The effect of the proposed amendment upon the growth of the Town as envisaged by the Town
of Rhinebeck Comprehensive Plan.
10. Whether the proposed amendment is likely to result in an increase or decrease in the total
zoned residential capacity of the Town and the probable effect thereof.
The Planning Board shall submit its report within sixty (60) calendar days after receiving such
referral from the Town Board. Failure of the Planning Board to report within the required time
period shall be deemed to be a recommendation of approval of the proposed amendment.
In the event the application for an amendment is initiated by the Planning Board, the Planning
Board shall include in its Resolution, its report and recommendation in accordance with the
provisions of this Article.
action shall be taken by the Town Board on such proposed amendment until a
recommendation has been received from the Dutchess County Department of Planning and
Development or thirty (30) calendar days have elapsed since said Department received such full
statement. In the event that the Dutchess County Department of Planning and Development
recommends modification thereof within such time period or at a later date prior to final
action by the Town Board, the Town Board shall not act contrary to such recommendation
except by the vote of a majority plus one (1) of all the members after the adoption of a
resolution fully setting forth the reasons for such contrary action. Within thirty (30) calendar
days after such final action, the Town Board shall file a report of the final action it has taken
with the County Department of Planning and Development.
3. Compliance with SEQR. The Town Board, in its consideration of the amendment to the
Zoning Law, shall be required to comply with the provisions of SEQR prior to adoption.
4. Town Board Action. The Town Board may approve any such proposed amendment by a
majority vote of said Board, except that a favorable vote of at least four (4) members of the
Town Board, i.e. a majority plus one, shall be required if:
a. Action being taken is contrary to the advisory recommendation received from the Dutchess
County Department of Planning and Development under the provisions of Section 239(l)
or (m) of the General Municipal Law; or
b. The provisions of Section 265(1) of the Town Law regarding written protests to proposed
map or text amendments to the Zoning Law shall not apply to the Town of Rhinebeck.
If the action taken is contrary to the advisory recommendation of the County Department of
Planning and Development, a report on the action, setting forth the reasons for the contrary
action, shall be filed within thirty (30) calendar days of the final action, with said Department.
5. Fee. Each petition or application to amend this Zoning Law shall be accompanied by a fee
payable to the Town Clerk upon the filing thereof in an amount as determined by the Town’s
Schedule of Fees.
6. Consultant's Fee. For any application for amendment initiated by petition or by application,
the petitioner or the applicant, as the case may be, shall be required to comply with the
provisions of Article XIV of this Zoning Law regarding reimbursement to the Town for
professional consulting fees and the establishment of an escrow account.
have been grown on said farm. Agriculture shall not include a Confined Animal Feeding
Operation (CAFO) as defined herein.
ALTERATION. As applied to a building or structure, any change, rearrangement,
enlargement, addition or diminution to a building or other structure, whether vertically or
horizontally, other than repairs; any modification in construction, or in building
equipment, or the moving of a building or structure from one location to another.
ALTERNATE CARE HOUSING FACILITY. A facility designed used as a group
residence or extended care facility, including assisted living facilities and nursing homes,
designed for the care and housing of persons who are unable to live and work
independently at a particular time and which provides for provision of such person’s
specific needs and where compensation and/or reimbursement of costs is paid to an
operator pursuant to state or federal standards, licensing requirements or programs
funding residential care services. For purposes of this Zoning Law, an “Alternate Care
Housing Facility” shall include, but not necessarily be limited to the following specific types
of facilities.
1. Community Residence. A dwelling providing room, board, and recreation for the
mentally and/or physically disabled under responsible supervision.
2. Halfway House. A community residence providing room, board, recreation and
rehabilitative services for the mentally and/or physically disabled under responsible
supervision.
3. Supervised Living Facility. A community residence or group home providing 24-hour
on-site responsible supervision for long-term residence.
4. Supportive Living Facility. A community residence providing responsible supervision
for residents.
5. Family Care Housing. A dwelling providing room, board and supervision for patients
who are maintained on an inpatient basis by a state-operated psychiatric facility.
6. Housing for the Disabled. For those persons who are unable to function in society
without assistance and/or supervision because of their physical, mental or emotional
deficiencies.
7. Nursing Home. A premises on which is provided lodging, meals and continuing
nursing care for compensation to convalescent or chronically ill persons. The term
“Nursing Home” shall include a convalescent home and a rest home.
8. Assisted Living Facility. A residential care facility providing residential units
accompanied by services for housekeeping, personal care, health care, recreation and
food.
An “Alternate Care Housing Facility,” for purposes of this Zoning Law, shall not
include a “Community residential facility for the disabled,” as that term is defined in
ANIMAL HOSPITAL. See “Veterinarian’s Office.”
ANIMAL HUSBANDRY. The keeping, grazing, feeding and care of animals other than
household pets or more than two (2) saddle horses or ponies for 4H Club Activities. However,
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
or other nuisances. The term “buffer” or “screen” also applies, when used throughout this
Zoning Law, to the act of establishing and maintaining a “buffer” as defined herein.
BUILDABLE AREA. The space remaining on the lot after the minimum yard, open space
and natural environmental constraint requirements have been met.
BUILDING. "Building" shall mean any building, structure, or portion thereof used for
residential business or industrial purpose.
BUILDING, ACCESSORY. See definition of “Accessory Structure.”
BUILDING, PRINCIPAL. A building in which is conducted the main or principal use of the
lot on which said building is located. In any residential district, any dwelling shall be deemed
the principal on the lot on which it is situated.
BUILDING, SEMI-DETACHED. A building attached by a party wall to another building
normally of the same type on another lot, but having one side yard.
BUILDING ENVELOPE. The setback lines or other restrictive demarkation that establish an area on
a lot in which building and other site improvements can occur.
BUILDING INSPECTOR. See definition of “Code Enforcement Officer” herein.
BUILDING LINE. The line established by law, ordinance, or regulation, beyond which no
part of a building, other than parts expressly excepted, may extend.
BUILDING LINE, FRONT A line generally parallel to the street or road beyond which the
front of a building may not project into the required front yard as specified for the district in
which the lot is situated.
BUILDING MATERIALS. A retail business for the storage and sale of primarily wood
products but which may also include the sale of hardware and other building products.
BUSINESS OFFICE. A building or portion thereof wherein services are performed involving
predominantly administrative, professional or clerical operations. See “Professional Office.”
BUSINESS SERVICE. An establishment primarily engaged in rendering services on a fee or
contract basis, such as advertising and mailing, building maintenance, employment service,
office equipment rental and leasing, commercial research, development and testing, photo
finishing and personal services.
CAMP. A parcel of land on which are located two (2) or more cabins, shelters or other
accommodations, of a design or character suitable for seasonal, or other more or less temporary
living purposes, including summer colony, resort and day camp. A trailer park, camp trailers,
campers, trailer coaches, travel trailers, recreational vehicles, motor homes, bus, boarding
house, hotel, or motel shall not be construed to be a “camp.”
CAMPGROUND. Any area designated for transient occupancy by camping in tents or similar
non-vehicular portable dwelling designated for temporary shelter.
CEMETERY. Land used or intended to be used for the burial of dead human beings and
dedicated for cemetery purposes, when operated within the boundary of such lands and in
accordance with the requirements of Article VI, Section D of this Zoning Law.
CENTRAL WATER. For the purposes of this Zoning Law, a community water supply system
approved by the Town of Rhinebeck, Dutchess County and/or State of New York for either
private or public operation.
CESSATION OF USE. As used herein, a use shall be determined by the Code Enforcement
Officer to have ceased when it has been discontinued, either temporarily or permanently,
whether with the intent to abandon such use or not.
CHANNEL. A natural or artificial watercourse with a definite bed and banks which conducts
continuously or periodically flowing water.
CLEAR-CUTTING. The indiscriminate removal of all or most trees, regardless of size or
maturity, for a purpose other than development. This definition shall not include. the
selective removal of tree species according to a forest management plan consistent with § 480-a
of the New York State Real Property Tax Law or the New York State Timber Harvesting Guidelines
or the New York State Cooperating Forester Program, and in accordance with environmentally
sound and sustainable silvicultural principles; removal of dead trees; or removal of trees in
accordance with a Subdivision Plat or Site Plan approved by the Town of Rhinebeck Planning
Board.
CLEARING. Any activity that removes the vegetative surface cover.
CLUB, NOT-FOR-PROFIT MEMBERSHIP. Premises of an organization of persons who meet
periodically to promote some non-profit social, educational, athletic, service or recreational
objective, and who cater exclusively to members and their guests, with no vending,
merchandising or commercial activities conducted, except as required generally for the
membership and purposes of the club. A “Not-for-profit Membership Club” shall not include
a “Rod and Gun Club” as defined herein.
CLINIC, DENTAL OR MEDICAL. A facility designed for the practice of dentistry or
medicine at which non-resident patients are treated.
CONSERVATION SUBDIVISION. A subdivision which is designed in accordance with the provisions
of Article V, Section I of this Zoning Law and which is specifically intended to conserve significant
features of the natural and cultural landscape, and which achieves this result through flexibility in lot
sizes and dimensions and permanent designation of protected open space.
CONSERVANCY LOT. A large, privately owned lot comprising part of an area of open land as
prescribed by Article V, Section I of this Zoning Law. The purpose of the conservancy lot is to provide
surrounding residents with visual access to open protected space, while keeping the land under private
ownership and maintenance. Only a small portion of such lots may be developed; the remainder must
be permanently protected through conservation easements and used in conformance with standards for
protected open space. Public access to conservancy lots is not required.
CONTAMINATION. The presence of chemical substances, matter or energy whose nature, location or
quantity causes instability, disorder, harm or discomfort to the physical systems or living organisms
therein.
COMMON SEWER. For the purposes of this Zoning Law, a community sewage disposal
system approved by the Town of Rhinebeck, Dutchess County and/or State of New York for
either private or public operation.
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
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 percent
gradient.
DESIGN STANDARDS. The design manual originally adopted by the Town Board in June
1999 and amended from time to time, so as to complement the Design Standards found in
Article V, Section U of this Zoning Law, and the “Site Plan Design Criteria” set forth at Article
VII, Section F of this Zoning Law.
DEVELOPMENT. Any activity other than agricultural, conservation or forest management
activity which materially affects the existing condition of land or improvements, including but
not limited to.
1. 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.
DISTRICT, OVERLAY. An area or section of the Town illustrated on the Zoning District
Map contained within this Zoning Law, and within which additional requirements are provided
to protect identified natural and cultural resources or provide for incentives for specific types of
development that are encouraged in the Town or to complement those of the underlying land
use district to which such designation is added.
DRIVEWAY. Land situated on a lot used or intended to be used as a private access route
directly serving a building, structure, parking area, or other lands and not providing a route for
through traffic.
DWELLING. A building designed or used principally as the living quarters for one (1) or
more families.
DWELLING UNIT, ACCESSORY. A separate and complete dwelling unit that is contained
within the structure of a single-family dwelling or in a building or structure accessory to a
single-family dwelling.
DWELLING, ONE-FAMILY. 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 educational
facility, laboratories and other ancillary uses typically and customarily associated with
educational facilities
EMERGENCY -- Any occurrence or circumstances involving actual or imminent physical trauma or
property damage threatened or caused by an emergency that demands immediate action.
EMPLOYEE. Shall mean the regular working staff, (paid, volunteer or otherwise) at maximum
strength and in full time equivalent numbers necessary to operate, maintain or service any
given facility or use under normal levels of service.
ENRICHED HOUSING FOR THE ELDERLY. A residence offering alternative living
arrangements (i.e. small, congregate living arrangements wherein comprehensive supportive
services are shared) for frail, older adults who do not want or need institutional care, but who
are no longer able to carry out the activities of daily living without assistance.
ENVIRONMENTAL PERFORMANCE STANDARDS. Regulations for the control of
dangerous or objectionable uses having potential adverse impacts as described for 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 meeting
one or more of the following criteria. No use or activity classified as a “major excavation” may
be so intensive as to constitute either an “extractive operation” or “soil mining” as defined
under this Zoning Law.
1. Involving more than 200 cubic yards of material; or
2. Affecting more than 10,000 square feet of land area; or
3. The changing of existing drainage patterns affecting neighboring properties.
EXCAVATION, MINOR. Removal, replacement or recontouring of earth materials meeting
all of the following criteria.
1. Involving less than 200 cubic yards of material; and
2. Affecting less than 10,000 square feet of land area; and
3. Which will not affect the character or pattern of drainage to neighboring properties.
EXTRACTIVE OPERATION. A lot or land or part thereof, used for the purpose of
extracting and/or removing sand, gravel, clay, stone, loam, humus, topsoil or other earth
materials for sale, exclusive of the following.
1. Subject to the criteria set forth in Article V, Section E of this Zoning Law, the process of
grading a lot preparatory to the construction of a building for which a Building Permit has
been issued or installing roadways and/or other improvements described on a Subdivision
Plat or Site Plan approved by the Planning Board; and
2. Either “minor excavation” or “major excavation” as defined herein.
FACADE. The face or front of a building facing the major or principal street.
FAIRGROUND. A name for occasional or periodic competitive exhibition including but not
limited to farm products and/or livestock, usually accompanied by amusement features and for
which an admission fee may or may not be charged.
special flood hazard area. The FHBM is replaced by the Flood Insurance Rate Map (FIRM)
when the letter becomes effective.
FLOOD INSURANCE RATE MAP (FIRM). The official map of the Town of Rhinebeck on
which the Federal Emergency Management Agency has delineated both the special flood
hazard areas and the risk premium zones.
FLOOD INSURANCE STUDY. The official report of the Federal Emergency Management
Agency for the Town of Rhinebeck showing flood profiles, water surface elevations of the base
flood, and includes a Flood Boundary/Floodway Map (FBFM) or Flood Insurance Rate Map
depicting any regulatory floodway, as may be applicable.
FLOODING, AREA OF SHALLOW. A designated AO or VO Zone shown on the Town’s
Flood Insurance Rate Map (FlRM) with base flood depths from (1) to three (3) feet where a
clearly-defined channel does not exist, where the path of flooding is unpredictable and
indeterminate and where velocity flow may be evident.
FLOOD PLAIN OR FLOOD-PRONE AREAS. A land area adjoining a river, stream,
watercourse, or lake, which is likely to be flooded.
FLOOD PLAIN AREA WITH SPECIAL FLOOD HAZARDS. Maximum area of the flood
plain that, on the average, is likely to be flooded once every 100 years (i.e. that has a 1%
chance of being flooded in any given year). The flood plain area with special flood hazards
includes the area shown on the FHBM as Zone A and on the FIRM as Zone A, AO, AH, A1 to
A30, A99, V and V1 to V30.
FLOOD PLAIN MANAGEMENT. The operation of an overall program corrective and
preventive measures for reducing flood damage, including but not limited to emergency
preparedness measures, flood control works, and land use and development control measures.
FLOODPROOFING. Any combination of structural and non-structural additions, changes,
or adjustments to properties and structures which reduce or eliminate flood damage to lands,
water and sanitary facilities, structures, and contents to buildings.
FLOODWAY. The channel of a river or other watercourse and the adjacent land areas
required to carry and discharge a flood of a given magnitude without cumulatively increasing
the water surface elevation more than the designated height shown in the Town of Rhinebeck’s
Flood Insurance Study.
FLOOD PROTECTION ELEVATION. The one hundred (100) year flood elevation plus two
(2) additional feet of elevation.
FLOOR AREA, GROSS. The sum of the horizontal area of the floor or floors of a building
as measured from the exterior faces of exterior walls or from the centerline of walls separating
two buildings, but not to include attached or built in garages, porches or terraces, basements or
unfinished floor area, including attics, having a clear head room of less than seven (7) feet.
Gross floor area shall include all occupiable areas minus the following deductions.
1. Vehicular parking and loading areas within the structure.
2. Floor area occupied by HVAC (heating, ventilating and air conditioning), mechanical,
electrical, communications and security equipment or apparatus.
FLOOR AREA RATIO (FAR). The sum of the gross floor area of all structures on a lot
divided by the gross area of the lot.
FLORIST SHOP. Any structure or building whose primary design and function is for the
production and raising of flowers and other horticultural products for sale but which may
include the retail sale of horticultural products from off-site businesses.
FORESTRY. Sustainable forest management for the production of goods to meet the needs
and desires of landowners and that serves the public good, both for present and future
generations. Forestry is further defined as the maintenance of property in an undeveloped
state that currently contains trees of any size, or is suitable for the growing of trees. Forest uses
may include conservation of wildlife habitat, provision of outdoor recreation, production of
timber and forest crops, protection of water quality, regulation of water flows, conservation of
soil, carbon sequestration and protection of aesthetic qualities.
FRONTAGE, LOT. See definition of LOT FRONTAGE.
GARAGE, PRIVATE. An enclosed space, whether an accessory building or part of a principal
building, for the storage of one or more vehicles, provided that no business occupation or
service, other than a home occupation authorized by Special Use Permit, is conducted for
profit therein nor space therein for more than one car leased to a non-resident of the premises.
GAS STATION. Any area of land, including structures thereon, that is used or designed to be
used for the sale of gasoline, oil or other motor vehicle fuels and which may include facilities
for lubricating, cleaning or otherwise servicing motor vehicles, but not including the painting
or major repair thereof or the use of mechanical car washing equipment. The term “gas
station” shall not include a “Fast Food Establishment” as defined herein. A gas station may
include as an accessory use, a convenience store, not exceeding 2,000 square feet, for the sale of
a limited number of food and household products.
GOLF COURSE. A type of “outdoor recreation use”, as defined by this Zoning Law,
developed in accordance with the standards of the United States Golf Association (USGA) for
the play over either nine (9) or eighteen (18) Regulation, Executive or Par 3 holes of the game
of golf. The golf course facility may include a clubhouse with a restaurant and other
appurtenances integral to the overall facility, practice putting greens, and a practice range but
shall exclude the use of netting for the constraint of golf balls on such practice range. A
private golf course may be a component of a “country club” as defined herein.
GRADE, FINISHED. The elevation at which the finished surface of the surrounding lot,
either naturally occurring or upon completion of any change in contour, intersects the walls
and supports of a structure.
GRADING. Excavation or fill of material, including the resulting conditions thereof.
GROUNDWATER. Water in the subsurface zone beneath the water table in which all pore spaces are
completely saturated.
GUEST COTTAGE. An accessory building on the same lot as a principal residential dwelling
used for occupancy by either short-term guests of the owners or tenants of the principal
dwelling provided that such building shall contain no kitchen facilities and shall meet all
applicable setback and lot coverage requirements of this Zoning Law and those requirements
related to the provision of suitable water supply and sanitary sewage disposal facilities.
HABITABLE SPACE. Space occupied by one (1) or more persons for living, sleeping, eating
or cooking.
HAZARDOUS MATERIAL. Material that may pose a present or potential hazard to human health or
the environment when improperly stored, transported or disposed of or otherwise managed, including
without exception hazardous waste identified and listed in accordance with Section 3001 of the
Resource Conservation and Recovery Act of 1976 (P.L.94-580) and related implementing regulations.
HEIGHT, BUILDING. The vertical distance measured from the average elevation of the
finished grade along the side of the building having the lowest finished grade to the highest
point on the coping of a flat roof, to the deck line of mansard roofs or to the average height
between eaves and ridge for gable, hip and gambrel roofs, but not including chimneys, spires,
towers, elevator penthouses, tanks and similar projections, except where such features occupy
an aggregate area of more than eighty (80) square feet or ten percent (10%) of the roof area,
whichever shall be less.
HOME OCCUPATION. Any limited personal service, professional service or business use
customarily conducted within a dwelling or customary accessory building and carried on by the
residents thereof, which is clearly incidental and secondary to use of the premises for
residential purposes and does not alter the residential character thereof, and which use shall be
fully consistent with the use limitations stated in Article V, Section H of this Zoning Law.
HOSPITAL. An institution providing health service, primarily for inpatients, and medical or
surgical care of the sick or injured, including as an integral part of the institution such related
facilities as laboratories, outpatient departments, training facilities, central service facilities and
medical offices. For purposes of this Zoning Law, the term “hospital” shall not include the
term “alternate care facility”.
HOTEL. A building containing rooms intended or designed to be used or which are used,
rented or hired out to be occupied or which are occupied for sleeping purposes by guests for no
more than 30 days and where a kitchen and dining room are generally provided within the
building or in an accessory building but excluding “Fast Food Establishments” as defined
herein. Small service kitchens may be provided in individual rooms.
HOUSE OF WORSHIP. A building designed or adapted for use by a religious organization
for conducting formal religious services or assembly on a regular basis.
IMPERVIOUS SURFACE. Any artificial structure that cannot effectively infiltrate rainfall, snowmelt
and water, which replaces naturally pervious soil with impervious construction materials such as roofed
or other solid structures or materials covering the ground, including but not limited to concrete, oil
and stone, tar or asphalt pavement, or compacted soil or gravel. Regardless of the construction
materials used, any area which is used for driveway or parking purposes, including disturbed grass,
ground cover, or dirt, shall be considered an impervious surface.
INDUSTRIAL STORMWATER PERMIT. A State Pollutant Discharge Elimination System (SPDES)
permit issued by the New York State Department of Environmental Conservation to a commercial
industry or group of industries which regulates the pollutant levels associated with industrial
stormwater discharges, or specifies on-site pollution control strategies.
INFILTRATION. The process of percolating stormwater into the subsoil.
JUNK YARD, MOTOR VEHICLE. An area of land, with or without buildings, used for or
occupied by a deposit, collection, or storage outside a completely enclosed building of used or
discarded motor vehicles or parts thereof, with or without the dismantling, wrecking, savage,
sale, or other use or disposition of the same. A deposit, collection, or storage on a lot of two
(2) or more vehicles no longer in condition for legal use on the public highways, i.e. registered
and inspected, or parts thereof for one month or more in a residential district or three months
or more in any non-residential district, shall constitute a “motor vehicle junk yard.”
KENNEL. Any premises on which are kept four (4) or more dogs more than six (6) months of
age or any number of dogs that are kept for the primary purpose of sale or for the purpose of
boarding, care or breeding and for which a fee is charged or paid. The term, “kennel” shall be
construed to include the term “cattery”.
LAUNDRY, SELF-SERVICE. A business premises equipped with individual clothes washing
or dry cleaning machines intended for principal use by retail customers.
LIBRARY. A building used by a public or nonprofit institution for the purpose of housing
books, manuscripts, exhibits or other educational materials available for reference and, as may
be applicable, circulation by the public. A library may include offices for library management
as well as community meeting rooms.
LIGHT MANUFACTURING. A use involving the manufacture of a product, but not
requiring heavy, noisy or otherwise objectionable machinery or transporting equipment in
contravention of the performance standards stated within Article V, Section A of this Zoning
Law. Light manufacturing uses shall be construed to include, subject to compliance with the
cited performance standards, the following categories.
1. Food and beverage production including but not limited to such uses as dairy
processing plant, bakery, and bottling plant.
2. Apparel and other textile products.
3. Furniture and fixtures.
4. Printing and publishing.
5. Electrical and electronic machinery and equipment.
6. Metal fabrication.
7. Mail order distribution center.
8. Warehousing ancillary to the authorized use.
LOT. A parcel of land having defined boundaries and considered as a unit, devoted to or
intended to be devoted to a specific use or occupied by a structure or group of structures that
are united by a common interest, use or ownership, and including customary accessory
structures, uses, open spaces and yards, which parcel shall have frontage on a street, or on such
other means of access as may be deemed sufficient in accordance with the applicable provision
of Section 280-a of the Town Law to provide suitable access as a condition precedent to the
issuance of a Building Permit.
LOT, CORNER. A lot abutting upon two (2) or more streets at their intersection or upon
two parts of the same street, such streets or parts of the same street forming an interior angle of
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 frontage
throughout its entire depth leading to the buildable portion of the lot, i.e. that portion of the
lot with at least the minimum prescribed lot width. A corner lot shall be considered to have
two (2) such frontages.
LOT, INTERIOR. Any lot other than a “corner lot.”
LOT LINE. The line dividing one lot from another, or from a street or other public space.
LOT OF RECORD. A legally-existing lot at the time of adoption of this Zoning Law duly
filed and recorded in the Dutchess County Clerk’s Office as either an individual parcel of land
or part of an approved subdivision, in accordance with the Town’s Land Subdivision
Regulations and applicable provisions of Town Law.
LOT, THROUGH. An interior lot having frontage on two parallel, or approximately parallel,
streets.
LOT WIDTH. The minimum horizontal distance between the side lot lines measured at right
angles to the lot depth along the rear line of the required front yard (i.e. at the minimum
front setback) as established within the District Schedule of Area and Bulk Regulations.
MAINTENANCE AGREEMENT. As this term is used in Article V, Section Z of this Zoning Law, a
legally recorded document that acts as a property deed restriction, and which provides for long-term
maintenance of stormwater management practices.
MEMBERSHIP CLUB. See “Club, Membership.”
MIXED-USE. A building containing both residential and commercial floor space conceived
and designed as a single environment in which both commercial and residential amenities are
provided.
MANUFACTURED HOME. A structure, transportable in one (1) or two (2) sections (also
known as single-wide and double-wide), which in the traveling mode, is eight body feet or more
in width and forty body feet or more in length, and when erected on site, is 700 or more square
feet, and which is built on a permanent chassis and is designed to be used as a dwelling with or
without a permanent foundation when connected to the required utilities, and includes the
plumbing, heating, air-conditioning, and electrical systems contained therein. A recreational
vehicle is not included in this definition. Manufactured homes differ from modular or
industrialized housing. Manufactured homes, and modular and industrialized homes are all
factory-built housing, but modular and industrialized housing are certified as meeting the State
or local building code. For purposes of building code approval, modular housing is equivalent
to stick-built housing and manufactured homes are not. A manufactured house is a house
built in conformity wit the provisions of the federal HUD Code. Mobile homes are those built
prior to adoption of the HUD Code.
MODULAR HOME. A factory-built dwelling transported to the site and permanently
attached to a foundation but not including a “manufactured home” as defined herein.
MOTEL. A building or group of buildings containing individual living and sleeping
accommodations for hire, each of which is provided with a separate exterior entrance and a
parking space, and is offered for rental and use principally by motor vehicle travelers. The
term “motel” includes but is not limited to every type of similar establishment known variously
as an auto court, motor hotel, motor court, motor inn, motor lodge, tourist court, tourist
cabins, roadside hotel.
MUSEUM. A non-profit, non-commercial establishment operated as a repository for a
collection of literary, natural or scientific curiosities, objects of interest or works of art, not
including the regular sale or distribution, of the objects collected.
NATURAL RESOURCE INVENTORY (NRI). A compilation of information about the
Town’s natural resources, in mapped form within the Town Comprehensive Plan, available at
Town Hall and in electronic form on the Town’s web site, accessible to residents, businesses
visitors and interested observers. The NRI provides general reference information that is
useful for planning and conservation of such resources. The NRI is subject to periodic
updating and refining as new information becomes available.
NET USABLE AREA. The term "net usable area" (NUA) as used herein shall mean the gross floor
area minus the following floor area deductions.
1. Elevator shafts and stairways
2. Public restrooms
3. Public lobbies, common mall areas, atriums and courtyards provided solely for
pedestrian access to the building from the exterior, and/or for aesthetic enhancement
or natural lighting purposes.
4. Permanently designated corridors (i.e. not subject to relocation by the requirements of
a specific lease).
NONPOINT SOURCE POLLUTION. Pollution from any source other than from any discernible,
confined, and discrete conveyances, and which shall include, but not be limited to, pollutants from
agricultural, silvicultural, horticultural, mining, construction, subsurface disposal and other runoff
sources.
NOT-FOR-PROFIT. For purposes of this Zoning Law, restricted to a “person,” as defined
herein, so designated as “not for profit” or “non- profit” by virtue of charter or incorporation
and certification by the Internal Revenue Service. Such person or facility may also be cited
within this Zoning Law as “non-commercial.”
NOXIOUS USE. Any use which is dangerous, offensive or injurious by reason of the emission
of dust, smoke, refuse matter, odor, gas fumes, noise or vibration in contravention of the
standards and criteria established by this Zoning Law and other applicable laws, rules, codes
and regulations; also referred to as a “nuisance.”
NURSERY. An establishment separate from a farm where herbaceous plants and related lawn
care, landscaping and gardening products are sold to retail and/or wholesale customers. A
“Nursery” by its nature includes outdoor storage of some or most of its stock in trade.
NURSERY SCHOOL. Any premises, however designated which operates on a regular basis to
provide care or instruction for seven (7) or more enrolled children under six (6) years of age
other than the children of the resident family. The term “nursery school” shall include a day
nursery and day care center and family day care facility as defined and regulated by Section 390
of the New York State Social Services Law.
OCCUPANCY. Use of a building, structure or premises.
OCCUPIED SPACE. An area enclosed or covered providing a ceiling height of 7' 0" or more,
intended for normal use by people on an occasional or more frequent basis. Occupied space may
include basements, cellars, penthouses, attic space and interior balconies or mezzanines if the space is
intended for use or habitation.
OFFICE OR OFFICE ESTABLISHMENT. A building or structure or part thereof used for the
purpose of conducting a business or providing professional services. The term “office or office
establishment” does not include businesses that sell goods, such as a retail store.
OFFICIAL MAP. A map, adopted by the Town Board, showing streets, highways and parks
heretofore laid out, adopted and established in accordance with Section 270 of the Town Law.
OFF-STREET PARKING FACILITY. Parking spaces located in an area other than on a street or
public right-of-way and limited in use to vehicles not exceeding a gross vehicle weight of three (3) tons or
not parked continuously for periods of more than forty-eight (48) hours, except in facilities designated
for special uses. Parking facilities include the following subclasses.
1. SURFACE PARKING LOT. A parking facility constructed on prepared grade and
without a covering roof or structure.
2. PARKING STRUCTURE. A parking area or facility, comprising one or more floors
as a part or whole of a building, that meets the requirements of the New York State
Building Code.
OPEN SPACE. That lot area of a lot which shall, in accordance with the requirements of this
Zoning Law, be properly maintained with a combination of natural, not artificial, lawn, shrubs,
trees and other plant material and related ground covers and which may be protected by
conservation easement or other means.
OUTDOOR RECREATION USE, NOT-FOR-PROFIT/NON-COMMERCIAL. Land
developed with facilities for passive recreation, e.g. trails and picnic areas, and/or with
facilities for active outdoor individual or organized recreation, e.g. ball fields, tennis courts,
swimming pools, ski trails, ice-skating areas and golf courses, but not including. [1] related
arenas or stadia or other facilities for the accommodation of more than two hundred (200)
spectators; [2] activities involving the discharge of firearms; [3] the development of substantial
enclosed or semi-enclosed structures that compositely occupy more than one-half of one
percent (0.5%) of the gross land area devoted to the outdoor recreation use; or [4] any activity
or use, whether principal or accessory, falling within the definition of “commercial recreation
facility” as set forth within this Zoning Law. An outdoor recreation use or facility may also be
referred to as a “recreation area.”
OWNER. Owner of the freehold of the premises or lesser estate therein, a mortgagee or
vendee in possession, assignee of rents, receiver, executor, trustee, lessee, or other person, firm,
or corporation in control of a building, structure or premises. The term “owner” may in a
specific situation refer to more than one of the above.
PARISH HOUSE. An accessory structure used or intended to be used for the lay activities of
an religious organization including a dwelling unit or units used by the officials of a house of
worship.
PARK. Any land and/or associated structures created and maintained by a municipality or
not-for-profit organization for the express use and enjoyment by the general public for
recreational purposes.
PARKING AREA, OFF-STREET. For purposes of this Zoning Law, an off-street parking area
containing parking spaces as required by this Zoning Law.
PARKING SPACE, OFF-STREET. An area of land, not less than nine (9) feet by nineteen (19)
feet excluding driveways or access drives thereto, which is out of the public right-of-way and is
available and adequately-improved for the parking of one (1) motor vehicle.
PASSIVE ADULT USE -- The use of a building, a portion of a building, or land for the sale or rental
for use off-site of films, videotapes or other materials displayed in an area that is not open to the public
generally and/or from which area the owner or operator of the use excludes, or is required by law to
exclude, any minor by reason of age.
PERFORMING ARTS CENTER. An indoor or outdoor facility operated and maintained by
a not-for-profit entity and devoted to presenting cultural entertainment through live
performances in music, theater and dance, but not including Adult Uses as defined herein.
PERMITTED USE. A specific use noted in Article III, - “District Schedule of Use
Regulations”, of this Zoning Law to which land, lots, buildings or structures may be used,
occupied or maintained under this Zoning Law as a matter of right and which may be subject
to Site Plan approval.
PERSON. Shall include an individual, corporation, limited liability company, partnership,
limited partnership, business trust, estate, trust, association, or any other legal or commercial
entity of any kind or description.
PERSONAL SERVICE BUSINESS OR USE. An establishment primarily engaged in
providing services involving the specialized care of a person or a person’s apparel, including but
not limited to barber and beauty shops, tailor shops and exercise or dance studios, but not
including “Passive Adult Uses” as defined herein.
PHASING. As this term is used in Article V, Section Z of this Zoning Law, clearing a parcel of land in
distinct pieces or parts, with the stabilization of each piece completed before the clearing of the next.
POLLUTANT OF CONCERN. As this term is used in Article V, Section Z of this Zoning Law,
sediment or a water quality measurement which addresses sediment (such as total suspended solids,
turbidity or siltation) and any other pollutant which has been identified as a cause of impairment of any
water body that will receive a discharge from the land development activity.
PRINCIPAL USE. The main or primary purpose or purposes for which land and/or
structure(s) is designed, arranged, or intended or for which such land or structure(s) may be
occupied or maintained under this Zoning Law.
PRIVATE STABLE. A building designed and used for the feeding, housing, breeding and
exercising of horses that are owned by the owner of the premises or a residential tenant thereof
and/or not maintained for remuneration, hire or sale.
PROFESSIONAL OFFICE. A building or portion thereof wherein services are performed
involving predominantly administrative, professional or clerical operations.
PROHIBITED USE. Any use which is not listed as a permitted use, Special Permit Use, or
accessory use in the “District Schedule of Use Regulations” in Article II of this Zoning Law
shall be considered a prohibited use hereunder. Any use listed in the “District Schedule of
Use Regulations” that is not permitted or specially permitted in one or more districts within
the Town of Rhinebeck is prohibited.
PROTECTED OPEN SPACE. That portion of a tract that is set aside in perpetuity for the protection
of sensitive natural features, farmland, forests, historic or other cultural features, scenic views, and other
unique environmental resources. Protected open space may be accessible to the residents of the
subdivision and/or the town, or it may contain areas of large farm, forestry or conservancy lots which
are not accessible to the public and includes open space that is set aside in accordance with Article V,
Section I.
PUBLIC OR FRANCHISE UTILITY STATION. An essential appurtenant facility or
structure within an overall utility network or system, such as an electric unit substation,
municipal water pumping station or water tower, telephone relay station or sewage pumping
station.
PUBLIC STABLE/RIDING ACADEMY. A stable or arena used for the riding, training and
performing of horses by other than the occupants of the premises or their nonpaying guests,
but excluding private stables or a horse boarding or breeding facility as defined in New York
State Agricultural and Markets Law.
PUBLIC TERMINAL. Facilities accommodating travelers, limited for purposes of this Zoning
Law to bus stations, rail passenger stations and ferry terminals.
PUMP STATION, GAS. An area where motor fuels are dispensed to the motoring public,
with each pump station consisting of a maximum of eight nozzles designed to serve no more
than two vehicles at a time.
RELIGIOUS INSTITUTION. A House of Worship with related facilities including an Educational
Institution(s).
RESEARCH LABORATORY. Use of a building or part thereof and/or land where scientific
research, development and/or experiments are conducted and which both meets and is
routinely monitored for compliance with all applicable Federal, State, County and Town rules,
regulations and requirements for protection of public health, safety and welfare.
RESTAURANT. An establishment licensed by the Dutchess County Health Department
where food and drink is prepared, served, consumed and sold primarily within the principal
building or its outdoor terrace or patio area. The term “Restaurant” shall not include a “Fast
Food Establishment” as defined herein. A bar or pub that also serves food shall be considered
a “restaurant.”
RETAIL BUSINESS. An establishment engaged in selling or renting goods or merchandise to
the general public in small quantities for personal or household consumption or business use
and rendering services incidental to the sale of such goods. A “gas station” or “automobile
service station” shall not be considered a “retail business” nor shall a “restaurant” or other
eating and/or drinking establishment of any type.
ROADSIDE STAND. A temporary structure or farm vehicle whose principal use is the
seasonal display and sale of agricultural products grown predominantly on the premises or
elsewhere by the operator of the “roadside stand” and which uses its proximity to a roadway to
attract potential customers, where agricultural products grown may be sold and purchased
seasonally.
ROD AND GUN CLUB. A group or association of people organized for the purpose of
engaging in recreational activities, such as hunting, fishing, target shooting, trapshooting, and
skeet shooting on a wholly enclosed parcel of land, conducted exclusively by and for club
members and their guests, characterized by membership qualifications, payment of fees or dues
and a constitution and bylaws. A “rod and gun club” shall not include operation of a shooting
preserve or game or wildlife preserve.
SATELLITE DISH ANTENNA. Any parabolic dish, antenna, or other devices or equipment
of whatever nature or kind, the primary purpose of which is to receive television, radio,
microwave or other electronic signals from space satellites.
SENIOR CITIZEN OR ELDERLY HOUSING. A residential development which is
developed and meets the requirements of Article VI, Section D(37) of the Zoning Law, owned
by a public agency or private sponsor in which rental dwelling units or dwelling units for
purchase are exclusively provided for elderly persons, aged 62 or older, and other members of
the households which 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.
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 in
accordance 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.
“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 safe
and 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, changes
to 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,
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 line
drawn 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.
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 a
Communication 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.
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 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 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.)
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 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.
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, as
currently in effect and as hereafter amended from time to time.
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.
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) feet
above 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,
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 a
sign consisting of an insignia or other device, but without background, shall be calculated as the
smallest polygon or circle possible enclosing the insignia; d) 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.
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.
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, to
defray 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 fees
of 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. The
Town 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
Fee Reimbursement
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
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 funding
fee 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. The
reviewing 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.
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.
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 are
also 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
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 higher
in 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 (as
more 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 to
assess 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
1The 80% of median income is a benchmark used by the US Department of Housing and Urban Development
and is in common use to define what constitutes affordable housing. For 2000, it was $53,853 in Dutchess
County.
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 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. 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 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 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
Conservation subdivision design is proposed to be used as a tool for most new residential
development 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
This document is intended to serve as the foundation for the identification of all
potentially 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.
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, and
proposed 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.
This portion of the DGEIS provides a description of the proposed actions, including
background and need, location, and identification of appropriate governmental actions.
community. Where exclusionary zoning has been found to exist, it can be declared unconstitutional by the
courts.
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’s
consistency with such designations and their implications for planning
in Rhinebeck.
C. Implementation
a. SEQR Process
b. Reviews and Approvals
This section of the DGEIS will include three separate sections: an assessment of the
existing 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.
b. Agricultural Resources
i. 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
B. Water Resources
a. Vegetation:
b. Wildlife:
c. Wetlands:
d. Geology:
D. Transportation
a. Traffic:
4 AADTs are collected by county and state agencies and consist of Average Annual Daily Traffic on roads.
b. Public Transportation:
b. Utilities:
F. Cultural Resources
b. Community Character
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
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 be
determined 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 the
analysis 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.
This section of the DGEIS will focus on the impacts discussed in previous sections that will
require an irreversible and irretrievable outlay of resources.
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 surrounding
communities, and the potential impacts of such growth elsewhere, will be described.
Analysis in this section will draw on accepted planning principals.
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:
(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 Rhinebeck
entitled “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- 3. Findings.
The Town Board of the Town of Rhinebeck finds and affirms the following:
Town of Rhinebeck Freshwater Wetlands Law
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 water
resources 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 flow 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
July 2008 Draft Page 2
Proposed Town of Rhinebeck Freshwater Wetlands Law
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 a
significant 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
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 coordinated
regulatory approach to accomplish such tasks, which is currently lacking under Federal
and State regulatory protection.
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 the
following 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. 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 flows;
d. operating motor vehicles for agricultural purposes;
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 the
proposal 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.
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 in
the 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 in
Chapter 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 Use
Permit 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:
July 2008 Draft Page 14
Proposed Town of Rhinebeck Freshwater Wetlands Law
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 recommended
management 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.
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 permanent
injunctive 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.
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.
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.
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 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
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 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.
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’s
protected 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.
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.