Boundaries indicated as approximately following the center lines of streets or highways shall be construed to follow such center lines.

Boundaries indicated as approximately following lot lines shall be construed to follow such lot lines.

Boundaries indicated as following shorelines of ponds and lakes shall be construed to follow such shorelines and, in the event of change in the shoreline, shall be construed as moving with the actual shoreline.

Boundaries indicated as following center lines of streams shall be construed to follow such center lines and, in the event of change in the center line, shall be construed as moving with the actual center line.

Boundaries indicated as parallel to or extensions of features indicated in Subsection B(1) through (3) shall be so construed. Distances not specifically indicated on the Zoning Map shall be determined by the scale of the map.

No person shall operate or cause to be operated any source of steady sound, except as set forth below, which exceeds the following limits at any property line of the lot from which the noise is emitted:

In the Village Center and Gateway Business Districts, commercial uses shall not be permitted to have outdoor live music, except as approved by the Village Board of Trustees for specific events. Such uses may have outside speakers if approved under site plan review.

The following uses and activities shall be exempt from these noise regulations:

Construction of new, and replacement of existing fences over 38 inches in height, requires a building permit and must comply with or be brought into compliance with this chapter.

The height of fences, gates, walls and vegetative screening shall be measured from the lowest adjoining finished grade, except where used to comply with screening requirements for parking, loading, storage, refuse enclosures, and similar areas.

Fences, gates and walls may be built up to, but not on, the property line and must be located entirely on the property of the person constructing the fence, gate or wall.

The finished side of the fence, gate or wall shall face neighboring properties or the street.

Fences, gates, walls and vegetative screening shall not encroach on any public right-of-way.

The owner of the fence, gate or wall must maintain both sides of the fence, gate or wall in respectable condition.

The height of fences, gates walls and vegetative screening located within a corner lot or curb cut sight triangle (see § 120-11) shall not exceed 38 inches above the lowest adjoining finished grade.

Fences, gates, walls and vegetative screening forward of the front plane of the principal structure on a lot or forward of the rear plane of the principal structure on a side that abuts a street ("front yard enclosures") shall not exceed 50 inches in height. Fences, gates and walls along rear and side yards shall not exceed 74 inches in height.

With the exception of vegetative screening, front yard enclosures shall contain evenly spaced gaps and be at least 40% open. Front yard enclosures in the Rhinebeck Village Historic District shall be complementary to the principal structure on the lot and may not be constructed of vinyl or other synthetics, concrete block, or stockade style, nor of other materials prohibited in this chapter.

Chain link fencing is prohibited along the perimeter or boundary of a lot, except within the area permitted by the setbacks in a rear yard. Fences of cloth, canvas or other like material are prohibited. Wire fencing, including chain link fencing, is prohibited in the Rhinebeck Historic District.

Findings. The Village finds that large and highly visible parking areas can damage the historic layout and architectural fabric of the Village, interfere with pedestrian accessibility, and reduce the quality of life. The Village also finds that excessive parking requirements can prevent desirable enterprises from locating in the Village, where it is often difficult to provide the off-street parking required by a code based on type and square footage of businesses. However, the Village also recognizes that inadequate parking can diminish quality of life by creating traffic congestion, safety hazards and inconvenience.

Establishment of minimum and maximum ranges. In order to balance the need for adequate parking with the need to minimize harm resulting from requiring excessive parking within the Village, off-street parking requirements shall be established within the minimum and maximum ranges shown on the Off-Street Parking Chart. [Please refer to Subsection A(7): Table 3, Off-Street Parking Chart.] The Planning Board will set the number in the course of reviewing applications for site plan and special permit approvals. Uses outside of the Village Center and those that are not subject to site plan review will be required to provide the maximum number of spaces shown for that use on the Off-Street Parking Chart.

Criteria for number and layout of spaces.

Parking access parking bonus.

In-lieu fee.

Parking fund.

Off-Street Parking Chart.

The expected maximum number of vehicles using the loading facilities at times of peak usage.

The type of business, size of the structure, and size of vehicles to be servicing the structure.

The need to ensure pedestrian and automobile safety by separating loading operations from pedestrian and automobile circulation.

The need to screen vehicles and loading facilities from publicly accessible areas as well as from abutting properties, including the need for vegetative screening, buffers and/or fencing.

The desirability of requiring service roads or alleys to achieve the purposes of this section.

Applicable planning and engineering standards, adapted to meet the needs of the particular business use proposed.

Other operational characteristics of the business or physical characteristics of the site deemed appropriate by the reviewing board or official.

The need to maintain the traditional layout and historic character of the Village, which may preclude the establishment of modern loading facilities in the Village Center. In such cases, on-street loading or other practices that violate Subsections B(3) through (6) above may be allowed.

Permits issued for short-term rentals shall be limited to a maximum of 15 within the Village decided by public lottery on an annual basis. No permit may be allowed for any lot located within two lots from a lot where a current permit has been issued from a public lottery draw. Notice of the application prior to issuance of a permit shall be provided to adjoining property owners within 250 feet of the property on which the permit has been issued.

The property shall be designed, maintained, and operated so as to preserve and complement the residential appearance of the site and the existing character of the surrounding area. There shall be no change permitted to the residential character of the outside appearance of the building, either by the use of colors, materials, or lighting.

An owner leaving Dutchess County overnight during the rental period must engage the services of agent with the right to enter and maintain possession of the dwelling. This agent must be available 24 hours a day to respond to tenant and neighborhood concerns and be capable of responding within two hours of notification from the Village.

There shall be no more than six occupants as lodgers at any given time, with a maximum of two occupants per bedroom.

The guest bedrooms shall be limited to the principal dwelling and/or one accessory building. Any guest room in an accessory building shall have sanitary facilities within that accessory building approved by the applicable authority.

Short-term rentals are limited to 16 days in any one calendar year and there must be a seven-day period of no rental activity between rentals. A "rental day" shall be deemed to mean any day that the property is occupied for rental overnight.

The owner shall collect and preserve registration records for a minimum of three years and make them available for inspection upon request of the Code Enforcement Officer.

Parking shall be consistent with § 120-16 and Table 3. Any required additional parking shall not be allowed in front of a principal structure by expanding use of an existing driveway.

A Village-issued registration plaque must be displayed on the front of the dwelling and a copy of the permit must be displayed within the interior during the duration of its validity. Other than the plaque, the availability of the rental to the public shall not be advertised on the premises.

If a property owner advertises their rental, the Village permit number must be included in the listing.

An annual satisfactory inspection from the Code Enforcement Officer is mandatory prior to issuance of a permit. The owner shall give reasonable access for inspections to be conducted to ensure compliance with the provisions of the Village of Rhinebeck Code, the NYS Uniform Fire Protection and Building Code and Department of Health Code.

All guests are subject to the provisions of § 120-13, General performance standards, and of the enforcement provisions of § 120-62. The owner/agent is responsible for informing each guest of these provisions.

A property found not to be in compliance with any section of this law will be subject to a monetary fine in accordance with the schedule below, in addition to any and all applicable remedies and penalties found in § 120-62 that do not conflict with this section.

At the time of passage of this law, property owners operating a short-term rental in violation of the above-listed standards will be given a ninety-day grace period in which to apply for a permit.

Permit application form; survey; description of proposed operation, including hours of operation, total enrollment and staff and maximum number of children on site at any one time, staff arrival and departure times, child arrival and departure times, whether children arrive by car or other vehicles, and an estimated number of vehicles arriving and departing each day; and

Site plan, including existing and proposed buildings and structures; proposed outdoor recreational space (play areas); parking areas, drop-off areas, and pick-up areas; emergency vehicular access; landscaping buffers; exterior lighting; fences; and signs. The site plan shall also include a location map showing street access.

Light levels at the property line for adjoining parcels shall not exceed 0.1 foot candle.

Average light levels for paths, sidewalks, and parking lots should not exceed one footcandle.

Average light levels from two to a maximum of five footcandles are only permitted in high security locations, as determined by the Planning Board.

Automated teller machine (ATM) lighting shall be in accordance with the New York State ATM Safety Act.

Photometric plans may be required during the site plan review process.

In the Village Historic District Overlay lighting fixtures and supports shall be compatible with the traditional historic character in the district.

Except as otherwise provided, a sign permit from the Village of Rhinebeck is required prior to the erection, relocation, alteration of any sign.

Signs are not permitted as principal uses.

In the Village Center and Gateway Business Districts, each building shall be limited to a total sign area of one square foot in area for every two linear feet of public street frontage occupied by the front plane of the principal structure utilized by an establishment, but not exceeding 30 square feet of visible surface.

In the Village Center and Gateway Business Districts, where the design of an existing building facade incorporates a specific area for signs, the height and length of the signs shall be restricted to the dimensions of this area. Such signs may not, however, exceed 30 square feet for any sign parallel to and flat against the facade of a building or 15 square feet for any other sign.

No projecting sign may extend more than five feet from the front plane of the principal structure.

No attached wall sign shall exceed 12 feet in height from the grade or extend above the facade of the building to which it is affixed.

Projecting signs shall not begin less than seven feet and shall terminate no more than 12 feet from the grade.

Freestanding signs shall not be permitted unless the front plane of principal structure is at least 20 feet back from the property line.

No freestanding sign shall exceed 10 feet in height from the grade.

Freestanding signs larger than eight square feet are subject to the setback and required yard provisions in Table 2, Dimensional Table § 120-8.

Temporary interior sign coverage not permanently affixed shall not exceed 15% of the glass area or window in which it is displayed. Temporary interior glass or window signs not permanently affixed shall not be counted in the total allowable building signage as set forth in § 120-19A(3).

Merchandise sold on the premises and displayed in windows shall not count toward the total signage as long as it is displayed a minimum of 12 inches from the inside of the window.

Awning and canopy lettering, as regulated in § 120-19E.

Temporary signs and banners related to political, civic, philanthropic, educational or religious activities. Such signs shall be limited to 20 square feet in area and to display for a period not exceeding 45 days.

Directional signs larger than two square feet, as otherwise defined under exempt signs in § 120-19G.

Externally illuminated signs, as regulated in § 120-19D(1).

Sign surface area will be the entire area within a single continuous perimeter enclosing all elements which form an integral part of the sign. The structure supporting a sign shall be proportional to the sign and is excluded unless the structure is designed in a way to form an integral background for the display.

Identical signs arranged back-to-back shall be counted as one sign.

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.

External illumination.

Internally illuminated signage shall be prohibited.

Lettering and graphics on awnings and canopies shall count towards the sign area allowance per building.

Awning lettering may contain names, numbers and graphics limited to the business or building name upon which the awning is located.

Lettering may be placed on the front and or side panels of the awning, but not on the slope.

One construction, renovation or painter sign, not exceeding six square feet, listing the architect, engineer, contractor and/or owner, in connection with a building permit on the lot where the activity is being conducted. Such signs must be removed upon termination of the building permit. Any such signs not in connection with a building permit are permitted only while the activity is in progress.

Directional signs, defined as any on-premises signs providing directions, instructions or facility information. Such signs must not exceed two square feet and must be for the convenience of the general public, identifying public parking areas, fire zones, entrances and exits and similar signs.

Flags of any national, state or municipal government may be displayed, except when displayed for commercial promotion. A flag is defined as any standard made of fabric or a flexible material that depicts a national emblem, a state or municipal seal.

Historical markers, tablets, memorial signs and plaques, names of buildings and dates of erection when cut into any masonry surface or when constructed of bronze, stainless steel or similar material, and emblems installed by governmental bodies, religious or nonprofit organizations, not exceeding six square feet.

Noncommercial sale signs for garage or tag sales, not exceeding four square feet, for a period not exceeding seven days.

Nonilluminated warning, private drive, posted or no-trespassing signs, not exceeding two square feet.

Number signs and nameplates identifying residents by name, or residences by number, mounted on a house, apartment or mailbox, not exceeding one square foot in area.

One sign not exceeding eight square feet for any religious institution.

Temporary real estate signs located on a property for sale, lease or rent, or holding open houses. Such signs shall not exceed six square feet and may not be illuminated.

Abandoned signs.

Animated signs.

Billboards.

Illuminated flashing signs.

Self-illuminated signs.

Inflated signs and tethered balloons.

Internally illuminated signs, including digital displays.

Nonconforming signs.

Off-premises signs.

Portable signs.

Roof signs.

Signs located in windows above the second story of a building.

Signs on side walls of mid-block buildings.

Signs incorporating projected images.

Signs that emit smoke, vapors or particles, sound or colors.

Signs located in or projecting over a public roadway, except those approved by a government body.

Signs on parked vehicles or trailers that are visible from a public right-of-way, where the apparent purpose is to advertise a product, service or activity, rather than being used in the day-to-day operation of a business.

Any sign which does not comply with the regulations established for the issuance of a permit pursuant to this chapter; or which is determined to have its sign permit revoked; or which is deemed to be an abandoned sign; or which is a nonconforming sign for more than 14 months; or which is not maintained in good and complete condition, with lettering and graphics clean, legible and in true alignment and finishes in good repair.

All signs shall be brought into compliance with this chapter when replaced, relocated or altered by 25% or more of the material makeup of the sign.

The business, property and/or sign owner of any prohibited sign(s) shall be in violation of this chapter until such sign(s) are removed. The Village of Rhinebeck may, with 30 days' prior written notice to the property and/or sign owner(s), remove such sign, without further notice or further proceedings, at the expense of the property and/or sign owner. The expense may be recovered by the Village in an action pursuant to this chapter which shall be instituted in the appropriate court having jurisdiction over this matter.

The proliferation of the construction and installation of communications equipment, pole-mounted radio towers and other similar equipment and devices must be reasonably regulated in order to protect the health, safety and welfare of the citizens of the Village of Rhinebeck and, to the maximum degree possible, to coordinate and control the same to preserve and protect the aesthetic qualities of the Village of Rhinebeck and its neighbors. The Village recognizes the demand for wireless communications transmission systems and the need for the services they provide. Wherever possible, wireless communications transmission equipment should be located within existing structures. This chapter acknowledges the requirements of the Federal Telecommunications Act of the 1996, as well as the rights and responsibilities it imposes on both communications providers and local governments.

On February 8, 1996, the United States Congress enacted the Telecommunications Act of 1996 (hereinafter referred to as the "Act"). The purpose of the Act is to provide a more competitive environment for wired and wireless communications services in the United States by deregulating the telecommunications industry. The Act preserves the authority of local government to regulate the placement, construction and modification of personal wireless services antennas, towers and accessory structures in order to protect the health, safety and welfare of the public.

The purpose of this section of this chapter is to establish predictable and balanced regulations for the siting and screening of personal services antennas, towers and accessory structures. The establishment of such regulations is to accommodate the growth of such systems within the Village of Rhinebeck. Such regulations will further serve to protect the public against any adverse impacts on aesthetic resources. Additionally, the regulations will eliminate potential damage to adjacent properties from tower failure through structural standards and setback requirements. Finally, the regulations set forth in this chapter will reduce the number of towers needed to service the community by maximizing the use of existing towers and structures.

This chapter is intended to regulate the placement, construction and modification of towers and telecommunications facilities in order to protect the health, safety and welfare of the public, while at the same time not unreasonably interfering with the development of the competitive wireless telecommunications marketplace in the Village. Specifically, this chapter is intended to:

The Village's regulation of towers and telecommunications facilities in the Village will not have the effect of prohibiting any person from providing wireless telecommunications services, thus not violating the Act.

No communications tower or antenna system, accessory facility or co-located antenna shall be erected, maintained or permitted within the Village of Rhinebeck, unless a written application shall be made for a special use permit and approved in conformity with this article by the Planning Board of the Village of Rhinebeck.

The applicant will be responsible for payment of hearing and mailing fees incurred by the Planning Board. Said fee must be paid at the time of application. The applicable fee shall be in accordance with the fee schedule established and annually reviewed by the Village Board of Trustees and available at the Village Clerk's office. Said application fee shall accompany the Planning Board application.

Notwithstanding permit application fees, the applicant shall also be responsible for all professional fees incurred by the Village for adequate support of the Planning Board's review, all as determined by the Village Fee and Deposit Law. Said fees shall be paid within 10 days of being billed; and, if not paid, the application shall be deemed abandoned.

The applicant shall submit three copies of the application to the Zoning Enforcement Officer. The application must include all items specified in the section on special permits and must otherwise follow all requirements of that section.

The height shall be no greater than that necessary to provide signal coverage to areas of the Village currently unable to be served, as demonstrated in a propagation study submitted by the applicant as part of the application. The maximum height shall not exceed 15 feet above the established height limitation as shown in Table 2, § 120-8, Dimensional Table. For purposes of this section, height shall be the vertical distance from grade, even if the structure is built upon or attached to another structure.

Applications for stand-alone towers shall not be granted unless the applicant demonstrates to the satisfaction of the Planning Board that no existing use, structure or alternate technology can accommodate the applicant's proposed use without requiring new construction of such a stand-alone tower.

The applicant, at the time of obtaining a building permit, must provide a financial security deposit for the construction, maintenance and removal of the telecommunications facility with the Village of Rhinebeck as obligee, in an amount to be approved by the Planning Board, but not less than $25,000.

The applicant shall be required to sign an agreement with the Village of Rhinebeck whereby the applicant agrees to remove the tower, antenna(s), cellular accessory structures and other improvements if the telecommunications facility becomes technically obsolete or ceases to be used for its original intended purpose for six consecutive months. The applicant shall further agree that the tower, antennas, cellular accessory structure(s) and other improvements shall be removed within six months of the first date upon which the telecommunications facility becomes technically obsolete or ceases to be used for its original intended purpose for six consecutive months. The aforesaid financial security bond shall be used to guarantee the proper construction, maintenance and removal of the telecommunications facilities should that be required.

The applicant shall further agree to continually renew the bond throughout the lifetime of the telecommunications facility.

The Planning Board shall have the continuing authority and right to review said bond and its amount and reasonably modify the amount and terms of the same, if it is not consistent with the intent of this article.

The following tower and antenna application materials are required:

The Village hereby declares, not in order of preference, that the following are the expressed preferred locations of the communications towers and antenna:

It is the obligation of the applicant to submit proof that, after diligent efforts, the above-stated preferences are unavailable, before applying for the location of a tower in the Residential District. The Village of Rhinebeck declares that location of a tower or antenna in a Residential District would result in a more adverse change in the particular district's character and would pose greater difficulty in minimizing the effect of the location of a tower in said district.

Any location of a tower, antenna or support system upon an existing structure or building shall be attached, affixed or placed thereon in a manner which is safe for the lifetime of the building or structure and which is safe for the people and structures in and around said tower, antenna and support system.

The number and location of antennas or other receiving or transmitting devices and their support system on an existing structure or building shall be as many as is structurally and technically feasible.

Notwithstanding other provisions in this article, no tower may be erected closer than twice the radius of the one-hundred-percent-clear zone to any other structure or playground.

No approved telecommunications facility, antenna or support systems shall hereafter be used, erected, moved, reconstructed, changed or altered unless approved by the Planning Board in conformity with this article. Furthermore, no change in applicant's technology shall be authorized with Planning Board approval. This provision does not require approval for routine maintenance of the telecommunications facility.

Where this article conflicts with other laws of the State of New York or the United States, the more restrictive regulation(s) shall apply, except for tower height restrictions, which are governed by this chapter:

Preferred design. Monopoles are the preferred design, followed by guyed towers and then freestanding towers. The Planning Board may, with good cause shown, require one tower design over other tower designs.

Visual impacts. Any tower, antenna(s) and accessory facility shall be constructed and designed to have the least practical visual impact on the area within reasonable proximity to the tower, antenna(s) or accessory facility.

Landscaping and security of structures and lighting. Landscaping shall be installed on the outside of any fencing. Existing on-site vegetation shall be preserved to the maximum extent practicable. The base of the tower and any cellular accessory structures shall be landscaped. Towers and cellular accessory structures shall be provided with security fencing to prevent unauthorized entry. There shall be reasonable lighting at the base of the structure for security purposes and to further deter unauthorized access. The lighting shall be downcast and directed toward the interior of the enclosed area. The applicant shall be responsible for maintaining fencing, landscaping and lighting during the duration of facility operation.

The applicant must submit with his/her application a landscaping plan for review and approval by the Village Planning Board.

Color. The Planning Board may require the color or colors that are acceptable as long as said colors are permitted by the FAA. The Planning Board may require a pattern of colors, depending on the proposed location and its visual impact on the area wherein the tower is to be located. The tower color, once approved by the Planning Board, shall not be changed without Planning Board approval.

Tower lighting. Communications towers shall be designed and located to avoid, whenever possible, applications of FAA lighting and painting requirements. The Planning Board may, however, require lighting even in the absence of such requirements by the FAA.

Signs. The Planning Board may require that "No Trespassing," "High Voltage," or other appropriate warning signs be placed on the lot.

Height. The tower height is to be measured from the grade.

Access road and parking. An access road and parking shall be provided for emergency access, where required by the Planning Board.

Accessory building and equipment storage.

Radio frequency. The Planning Board may impose a condition on the applicant that the communications antenna(s) may be operated at FCC-designated frequencies and power levels and/or EPA technical exposure limits, and that the applicant provide competent documentation to support the requirement that maximum allowable frequencies, power levels and exposure levels for radiation will not be exceeded.

Other conditions. The Planning Board shall have the authority to impose such other reasonable conditions and restrictions as are directly related to and incidental to the health, safety and general welfare of the citizens of the Village regarding the location, construction, maintenance, design and removal of a proposed communications tower and its special use permit or site plan.

All towers shall be certified by an engineer to be structurally sound and in conformance with the requirements of the Building Code and all other construction standards set forth by the Village's Code and federal and state law. For new monopole towers, such certification shall be submitted before initial operation and every five years thereafter. For existing monopole towers, certification shall be submitted within 60 days of the effective date of this chapter and then every two years thereafter. The tower owner may be required by the Village to submit more frequent certifications should there be reason to believe that the structural and electrical integrity of the tower is jeopardized.

The Village or its agents shall have authority to enter onto the property upon which a tower is located, between the inspections and certifications required above, to inspect the tower for the purpose of determining whether it complies with the Village local law and all other construction standards provided by the Village local law and federal and state laws and regulations.

The Village reserves the right to conduct such inspections at any time, upon reasonable notice to the tower owner. All expenses related to such inspections by the Village shall be borne by the tower owner.

It is the preference of the Village to have future antenna(s) and other communications receivers or transmitters co-located on existing towers to the extent that such towers will accommodate additional transmission devices.

Any lease must include a clause, term, provision or condition that permits co-location. The applicant shall provide a copy of all lease agreements to the Village Planning Board as proof of same.

Where there are existing communications towers in the Village, the applicant shall be required to submit a report demonstrating good-faith efforts to secure co-location and that said co-location efforts were denied.

As part of the application process, an applicant shall supply a statement to the Village that the applicant will, as a continuing condition of a permit under this article, allow co-location on the applicant's tower to the extent technically feasible.

Fire, police and other emergency dispatch services where telecommunications facilities are less than 55 feet above grade.

Nonbusiness television or radio reception, private citizen band, amateur radio and other similar communications systems utilizing a tower and antenna, which do not exceed 55 feet above grade. "Nonbusiness" means a use for which money, property or something of value is not charged, earned or received by the owner, operator, lessee or person(s) in control of the telecommunications facility.

Once a communications tower or antenna application is approved by the Planning Board, the applicant shall obtain a building permit within the time limits established by § 120-48B, Scope, expiration, revocation and enforcement.

Each applicant for an antenna and/or tower and/or the proposed user for an antenna and/or tower shall provide to the Planning Board an inventory of his/her existing towers, antennas or sites approved for towers or antennas, that are either within the jurisdiction of the Village of Rhinebeck or within the borders of the Town of Rhinebeck, including specific information about the location, height and design of each tower. The Planning Board may share such information with other applicants applying for administrative approvals or special use permits under this chapter or other organizations seeking to locate antennas within the jurisdiction of the Village of Rhinebeck; provided, however, that the Planning Board is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.

Prevent interference with the use of streets, sidewalks, alleys, parkways and other public ways and places;

Prevent the creation of visual and physical obstructions and other conditions that are hazardous to vehicular and pedestrian traffic;

Prevent interference with existing facilities and operations of facilities presently lawfully located in rights-of-way or public property;

Ensure diligent efforts are made to preserve the unique character of the Village, its aesthetic and architectural qualities, its historic structures, sites, and cultural features;

Protect against environmental damage, including damage to trees; and

Facilitate deployment of small wireless facilities to provide the benefits of reliable access to wireless telecommunications technology, broadband and 911 services to residents and visitors to homes, businesses, and schools within the Village of Rhinebeck.

The continued development of new technologies for cellular communications, including the so-called 5th Generation, or "5G," is likely to require facilities substantially different in size, scale, and coverage than prior cellular technologies, and, in particular, is likely to result in many more facilities throughout the Village, with each facility being of a lower height and reduced coverage;

The development and siting of small wireless facilities therefore has substantial potential to augment the wireless communications resources available to Village residents and visitors;

The proliferation of small wireless facilities carries the potential for substantial impact on the Village's scenic resources and thereby reducing the quality of life for residents and visitors;

The Rhinebeck Village Historic District is listed on the National Register of Historic Places and is particularly at risk for impact on its integrity and ambience due to irresponsible siting of small wireless facilities;

Regulation of the siting and design of small wireless facilities may mitigate their impact on the Village's resources and quality of life; and

It is in the best interest of the Village and its residents and visitors to protect the Village against irresponsible or unregulated siting and design of small wireless facilities.

No wireless provider shall place, construct, erect, modify, mount, attach, operate or maintain a small wireless facility within the Village unless a written application is made for a special use permit and building permit and is approved in conformity with this section and this chapter by the Planning Board of the Village, its Code Enforcement Officer and its Zoning Enforcement Officer. Such approval shall be conditioned on the applicant and the Village signing a mutually agreeable license agreement. The Zoning Enforcement Officer shall give prompt written notice to any applicant that an application is reasonably considered by the Zoning Enforcement Officer to be incomplete.

The Planning Board shall review and evaluate all of the technical and legal questions that arise under each application for a small wireless facility to ensure compliance with this chapter and the State Environmental Quality Review Act[1] and shall have authority to retain independent experts and to require an applicant's contribution of funds, into an escrow account, if appropriate, to assist in such a review. Any such escrow or consultant costs of such review shall be borne by the applicant, in addition to scheduled fees. Whether based on the results of the supplemental review or the Planning Board's own review, the Planning Board may require changes to or supplementation of the application.

No approval granted under this section shall confer any exclusive right, privilege, license, or franchise to occupy or use the public right-of-way for delivery of telecommunications services or any other purpose.

A permit for construction issued under this section shall not be valid for more than 12 months unless the Planning Board and applicant agree to an extension and all required fees are paid for the term regardless of construction.

Routine maintenance shall not require submittal of a new application, although it shall require all necessary permits for work to be performed.

The replacement of a small wireless facility with another small wireless facility that is the same or smaller in size, weight, and height shall not require submittal of a new application, although it shall require notification that all necessary permits for work to be performed have been issued.

The following small wireless facility application materials are required:

If any small wireless facility standard in this section is deemed inapplicable because the applicant demonstrates that the application of the standard results in an effective prohibition on such facilities, the Planning Board shall be permitted to impose additional reasonable alternative conditions to effect the safeguards in question, so long as such alternative conditions comply with all local, state and federal rules, laws and regulations.

Applications for small wireless facilities shall be accompanied by the following fees:

Each year on or before January 1, each wireless provider shall submit an affidavit to the Zoning Enforcement Officer listing, by location, all installations it owns within the Village and certifying which installations remain in use and covered by its insurance, which installations it has abandoned, and which installations are no longer in use. The wireless provider shall, at that time, pay any payments required by the Village under this chapter. If a wireless provider fails to make the payments required by the Village, the wireless provider's small wireless facilities shall be deemed abandoned, and the Village may, at its sole option, remove all or any portion of them or take other action as authorized by law. The actual and reasonable expense for removal will be incurred by the wireless provider, its successors or assigns.

A wireless provider is required to notify the Village of abandonment of any small wireless facility no less than 30 days prior to abandonment. Following receipt of such notice, the Village may direct the wireless provider to remove all or any portion of the small wireless facility that the Village determines to be in the best interest of the public health, safety and welfare to remove. If the wireless provider fails to notify the Village of the abandonment or fails to remove the abandoned facility within 60 days of such notice, the Village may undertake to do so and recover the actual and reasonable expenses of doing so from the wireless provider, its successors or assigns.

The wireless provider shall repair all property damage caused by the activities of the wireless provider and shall return the affected property to its functional equivalence before the damage pursuant to competitively neutral, reasonable requirements and specifications. If the wireless provider fails to make the repairs within 60 days of such notice, the Village may effect those repairs and recover the actual and reasonable expenses of doing so from the wireless provider, its successors or assigns.

All wireless providers shall maintain, at all times, insurance with the following minimum coverages: general liability insurance in an amount not less than $1,000,000 per occurrence and $2,000,000 in the aggregate and umbrella insurance in an amount not less than $5,000,000. The Village must be an additionally insured party. All insurance carriers shall carry an A.M. Best rating of "A-" or better. Such insurance shall provide for the waiver by the insurance carrier of any subrogation rights against the Village of Rhinebeck, its agents, servants and employees.

Upon approval of the application, the wireless provider shall be required to post bond in the amount of $5,000 for each small wireless facility, each bond to be held and maintained until the removal of the small wireless facility by the wireless provider or by the Village of Rhinebeck as a guarantee to secure the applicant's compliance with all applicable provisions of this section.

To the fullest extent allowed by law, any wireless provider constructing, installing, operating, repairing, maintaining and using a small wireless facility shall indemnify, defend and hold harmless the Village of Rhinebeck and its officials, agents, and employees from and against all suits, actions or claims of any character brought because of any injury or damage received or sustained by any person, persons or property arising out of, or resulting from, said wireless provider's breach of any provision of law, including, but not limited to, Standard Specifications and the Permit Manual, or any asserted negligent act, error or omission of the small wireless provider, or its agents or employees, arising from or relating to its small wireless facility. The indemnifications required hereunder shall not be limited by reason of the specification of any particular insurance coverage for any permit. Each small wireless provider's obligations under this provision shall not terminate with the expiration or termination of its permit but shall survive it.

Consistent with § 120-20, co-location on existing cellular towers.

Consistent with § 120-20, on the roof of any existing municipal buildings.

Consistent with § 120-20, on the roof of a hospital, library, or educational use building, the Astor Home and the steeple of a church.

On existing utility poles, not in a ROW, where a utility company has rights of access. Such a facility requires approval from the underlying lot owner.

On utility poles in the ROW or, where necessary, their replacement.

Consistent with § 120-20, rooftop facilities on existing buildings in the Village Center District.

On a new pole in a ROW, if the Planning Board, consistent with this section, reasonably determines it necessary.

General.

Existing poles.

New and replacement poles.

New pole location requirements.

Other aesthetic requirements for small wireless facilities.