One walkway can serve as a collector for up to four bays of parked cars.

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

All walkways should be raised to a standard sidewalk height and should be constructed of different paving material than the parking lot.

Provide pedestrian and bicycle amenities such as benches, shade, human-scale lighting, and bicycle racks.

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).

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.

One commercial vehicle not exceeding 26 feet in length may be parked within a private garage in any residence district.

Farm vehicles are permitted as accessory to a farm in any district where agriculture is permitted.

Type of sign, shape, size, and materials.

Graphic design or style, including pictorial matter, logos, letters, materials and colors.

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, § 125-56, of this chapter.

Landscaping, if required, including types of vegetation, location of plantings, and planting and maintenance schedule.

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.

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 facade of the building; projection from the building, if relevant; and the proposed sign's position in relation to adjacent signs and lighting fixtures.

Not more than two primary signs shall be permitted per establishment on the lot. Such signs shall consist of one freestanding identity sign not to exceed 12 square feet in surface area and/or one identity wall sign located on the establishment's principal façade not to exceed one square foot per six linear feet of building frontage. The maximum total signage per establishment shall be determined by the above formula and shall not exceed 30 square feet for the lot.

When two or more wholly independent businesses or activities are located on a single lot in a nonresidential district, one directory sign not to exceed 16 square feet may also be allowed, except that if the number of independent businesses or activities exceeds four, the maximum square footage of the complex sign may be increased to 24 square feet. Within the business complex, a single identity wall sign not exceeding six square feet may be provided on the principal facade of the establishment, with such signs, however, being considered a portion of the maximum total signage of 30 square feet per lot, as cited above and exclusive of the complex sign.

One 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 square feet on each of two 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 feet from the edge of pavement.

Where a sign on the principal facade of the establishment cannot be seen from a public highway, the Planning Board may, applying the standards in Subsection I, approve an additional sign of one of the types listed in Subsection K(2)(a) above, which is visible to a public highway.

Not more than one primary sign shall be permitted per establishment. Such sign shall be a wall sign located on the establishment's principal facade and shall not exceed six square feet in surface area. Freestanding signs may not be displayed by individual establishments.

A master sign plan is required of independent businesses or activities that are located on a single lot. The plan is a sign system to create visual unity among the signs within the plan area and to ensure compatibility with surrounding establishments and structures. The plan shall include specifications to which all signs within the plan area shall conform, including: sign size, height, shape, materials, lighting, and location on the establishment as well as the specifications for the freestanding sign permitted under Subsection L(1)(c). Within these standards, variety of graphic design is encouraged, subject to the design criteria of Subsection M herein.

One common freestanding sign identifying the center shall be permitted as follows: Post-and-arm signs shall not exceed 18 square feet in area per face, with a height maximum of 11 feet (including the post) and shall provide a minimum clearance of eight feet from any sidewalk or other pedestrian way. The sign shall be set back a minimum of 15 feet from the edge of pavement.

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.

No directional sign shall be more than three square feet in area. In areas with more than one directional sign, the aggregate area of all such signs shall not exceed 12 square feet.

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.

Every sign shall be wholly consistent with the requirements set forth in this § 125-37, and shall be well proportioned in its design and in its visual relationship to buildings and surroundings.

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.

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.

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.

These sign regulations encourage creative design that adds character to streets and districts, but signs should always be a subordinate part of the streetscape.

Signs in a particular area or district should create a unifying element and exhibit visual continuity.

Whenever feasible, multiple signs should be combined into one to avoid clutter.

Signs should be as close to the ground as practical, consistent with legibility considerations and traffic safety.

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.

Historic areas, landmarks, and public scenic views and vistas should be protected by sensitive sign designs.

Within pedestrian-oriented shopping districts, signs should be located and sized to be viewed by people on foot.

Retail businesses are encouraged to use signs in a creative manner to identify the goods and services they offer.

Signs mounted on buildings should be designed to complement the architecture rather than obscure it.

Awning signs. Awning graphics may be painted or affixed flat to the surface of the valance and shall include lettering no larger than eight inches high.

Freestanding signs. No more than one freestanding sign may be located on a lot.

Monument sign. Monument signs shall not be placed so as to impair visibility for motorists.

Projecting signs. Projecting signs may not extend above the height of the roofline and shall have no more than two faces. They shall be securely anchored and shall not swing or move in any manner.

Wall signs. The visible edge or border of a wall sign may extend up to nine 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 multistory building.

Backlit signs. The background surface of a backlit sign, that the light shines on, shall have a light reflective value of no greater than 60%. The light source can be white or a color, but colored lighting creates a more subdued effect and is encouraged.

All signs, with the exception of window signs, shall be constructed of wood, metal or masonry material as approved by the Planning Board.

The lettering on any freestanding sign may not exceed 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.

The Planning Board may require that landscaping be used at the base of a freestanding sign if such landscaping will make the sign more compatible with the surrounding area. In accordance with the requirements of Article V, § 125-57, of this chapter, landscaping may include one or more of the following types of vegetation: ivies, grasses, flowers, bushes, small trees or other plant materials.

Slopes: slopes of 15% or greater on 25% or more of the property; or

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

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

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

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

Critical environmental areas: lands within or contiguous to a critical environmental area designated pursuant to Article 8 of the Environmental Conservation Law; or

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

Historic and prehistoric structures and sites: historic and prehistoric 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

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

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 inches in diameter at breast height or unique species), or unique natural or geological formations; or

Trails: existing and potential trails, bikeways, and pedestrian routes of Town, state or county significance; or

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.

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.

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 1/2 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.

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.

This provision may not be used to circumvent the restrictions on segmentation under SEQRA.

A sketch plan shall be submitted by the applicant as a diagrammatic basis for informal discussions with the Planning Board regarding the design of a proposed conservation subdivision. Applicants are encouraged to forward the proposed sketch plan to the selected land trust to inform such trust of the proposed plans. The Planning Board may provide early notification to surrounding landowners, in accordance with the procedures outlined in the Town Subdivision Regulations.[6] The purpose of such early notification is to bring neighbors, with knowledge and experience about life in their neighborhood, into the subdivision planning process.

The purpose of the sketch plan is to facilitate an expedient review of proposed new subdivisions in conformance with the Town Zoning Law, Subdivision Regulations and Comprehensive Plan. Sketch plan submission is a way to help applicants and Planning Board members develop a better understanding of the property and to help establish an overall design approach that respects its special or noteworthy features, while providing 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.

The requirements for sketch plans listed in Subsection G(1) above; and

The submission requirements of Articles VII and VIII of the Subdivision Regulations; and

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.

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 Subsection G(2)(c) and the Subdivision Regulations,[8] 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% 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 Board, 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 1 through 3 of the New York State Land Classification System, the siting guidelines found in Subsection J(6) shall be followed in the design process.

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 to primary conservation areas and 50 feet to 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.

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 culs-de-sac 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 nonmotorized trails system in the Town. Culs-de-sac are appropriate when they support greater open space conservation or provide extensive pedestrian linkages.

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.

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 2 and 3 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.

Front yard: 10 feet.

Rear yard: 25 feet.

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, the preservation of which 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:

Residential structures should be located according to the following guidelines, which are listed in order of significance. Note that some of the guidelines may conflict with each other on a particular site, in which case the Planning Board may use its discretion to resolve such conflicts:

The conservation organization is acceptable to the Planning Board and Town Attorney and is a bona fide "not-for-profit conservation organization," as defined in Article 49 of the New York State Environmental Conservation Law;

The conveyance contains appropriate provisions for proper reverter or retransfer in the event that the conservation organization becomes unwilling or unable to continue carrying out its functions; and

Conservation of open land (for example, woodland, fallow field, or managed meadow).

Agricultural and horticultural uses, including raising crops or livestock, wholesale nurseries, and associated buildings, that are specifically needed to support an active, viable agricultural or horticultural operation. Specifically excluded are concentrated animal feeding operations (CAFOs) as defined by the United States Environmental Protection Agency, or commercial livestock operations involving swine, poultry, mink, ratites, and other animals likely to produce highly offensive odors.

Game preserve, wildlife sanctuary, or other similar conservation use.

Woodlots, arboreta, and silviculture in keeping with established standards for selective harvesting, sustained-yield forestry and generally consistent with the New York State best management practices and Timber Harvesting Guidelines.

Neighborhood open space uses such as village greens, commons, picnic areas, community gardens, trails, and similar low-impact passive recreational uses, specifically excluding motorized off-road vehicles, rifle ranges, and other uses similar in character and potential impact as determined by the Planning Board.

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.

Easements for drainage, sewer or water lines, or other public purposes.

Underground utility rights-of-way. Aboveground utility and street rights-of-way may traverse conservation areas but shall not count toward the minimum required open space land.

The Town of Rhinebeck may acquire conservation easements over real property in accordance with § 247 of the General Municipal Law and Article 49, Title 3, of the Environmental Conservation Law. This subsection establishes guidelines and criteria for the evaluation of such easements in order to clearly establish the public benefit associated with acceptance of such easements. The proposed easement shall have a definite public purpose which benefits the Town and the community as a whole. The term of any conservation easement offered to the Town shall be perpetual. The Town has the option to subcontract with a qualified not-for-profit conservation organization for the technical and legal aspects of a conservation easement, including baseline documentation, legal easement documents, and ongoing monitoring and stewardship responsibilities.

Prior to acquisition of a conservation easement by the Town of Rhinebeck, such easement shall be evaluated in accordance with the following criteria:

There is no substantial cost of acquisition to the Town; and

The Town agrees to and has access to maintain such facilities; and

Such facilities for public use shall be accessible to all residents of the Town.

The applicant shall provide the Town with a description of the organization of the proposed association, including its bylaws, and all documents governing ownership, maintenance, and use restrictions for common facilities.

The proposed association shall be established by the owner or applicant and shall be operating (with financial subsidization by the owner or applicant, if necessary) before the sale of any dwelling units in the development.

Membership in the association shall be mandatory for each property owner within the subdivision and successive owners in title with voting of one vote per lot or unit, and the subdivider's control, therefore, passing to the individual lot/unit owners on sale of the majority of the lots or units.

The association shall be responsible for liability insurance, local taxes and maintenance of open space land, recreational facilities and other commonly held facilities.

The bylaws 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.

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 30 days prior to such event.

The applicant shall demonstrate that the association will have adequate resources to administer, maintain, and operate such common facilities.

The common open space land shall be protected by conservation easement from future subdivision and development.

The Planning Board remains responsible for assuring that proper provision has been made for ownership and maintenance of the open space land.

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.

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.

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:

The Town Attorney shall find that the HOA documents presented satisfy the conditions in Subsection M(2)(a) through (l) above and such other reasonable conditions as the Planning Board shall deem necessary.

All solar energy systems and equipment shall be permitted only if they are determined by the Town Code Enforcement Officer and Zoning Enforcement Officer not to present any unreasonable safety risks, including, but not limited to, the following factors:

In order to make this assessment, the Town Code Enforcement Officer and Zoning Enforcement Officer shall require certification from a New York State licensed professional engineer that the system design conforms with applicable codes, regulations and industry standards and that the system has been properly installed and anchored to prevent flotation, collapse or lateral movement.

Review by the Planning Board shall include, but not be limited to, consideration of the requirements of this section, the compatibility of the proposed solar power plant with adjacent and other nearby land uses; the visual effect of the proposed solar installation, including on scenic and historic resources and viewsheds; impact on community character; the effect of the proposed installation on ecologically sensitive land or water resources; and any mitigation of impact that may be deemed reasonably undertaken.

In the course of its review of a proposal for development of a solar power plant, the Planning Board may require an applicant to submit a viewshed analysis meeting the procedures identified within the New York State Department of Environmental Conservation's SEQRA publication entitled "Assessing and Mitigating Environmental Impacts."

Solar panels on pitched roofs shall be mounted with a maximum distance of eight inches between the roof surface and the highest edge of the system.

Solar panels on pitched roofs shall be installed parallel to the roof surface on which they are mounted or attached.

Solar panels on pitched roofs shall not extend higher than the highest point of the roof surface on which they are mounted or attached.

Solar panels on flat roofs shall not extend above the top of the surrounding parapet, or more than 24 inches above the flat surface of the roof, whichever is higher.

The minimum lot width and frontage requirements otherwise set forth for the zoning district within Article IV, § 125-21, District Schedule of Area and Bulk Regulations, of this chapter.

The requirement for subdivision plat approval under Town Code Chapter 101, Subdivision of Land, provided a copy of the land agreement is submitted to the Planning Board as part of the application for special use permit, an accurate survey-based description of the leased parcel is depicted on the site plan, and access to the solar power plant site determined by the Planning Board adequate for routine and emergency purposes is provided either directly from a public roadway or established through easement agreement.

Solar power plants including ground-mounted installations shall be enclosed by perimeter fencing, with locking access gate, a minimum of six feet and a maximum of eight feet in height and set back at a sufficient distance from all components of the solar installation to restrict unauthorized access or other safety hazard. Any fencing exceeding six feet in height shall, in accordance with § 125-38, Subsection A, of this chapter be subject to the requirement for issuance of an additional special use permit by the Planning Board.

The type, material and color of perimeter fencing shall be subject to approval by the Planning Board and shall neither envelope a land area in excess of 2.5 acres nor extend beyond the boundaries of the leased parcel. The perimeter fencing shall also be set back a minimum of 100 feet from the front property line and 50 feet from any other property line or such greater minimum distances as may be required for a principal building in the zoning district in which the proposed solar plant is located. In the case of a solar power plant located on a parcel with frontage on a scenic road or within a scenic district, a greater minimum front setback of 200 feet shall be provided.

Appropriate landscaping and/or site design features, including both the maintenance of existing natural vegetation and the introduction of new plantings consisting of a naturally appearing blend of deciduous and coniferous species, shall be required to screen ground-mounted solar power plants and all accessory structures from scenic roadways, parklands, historic properties and neighboring residences.

No obscuring or screening shall be required of rooftop solar installations, except in the following circumstances where the Planning Board shall be required to review installations and may require reasonable obscuring of the solar installation:

All applications for solar power plants including ground-mounted installations shall be accompanied by a decommissioning plan to be implemented upon abandonment, or cessation of activity, or in conjunction with the removal of the facility, which shall be reviewed and approved by the Planning Board and its consultants.

The following requirements shall be met for decommissioning:

The applicant shall submit a sketch of the parcel on a location map (such as a copy of a survey or a tax map) showing the boundaries and dimensions of the parcel of land involved and identifying contiguous properties and any known easements or rights-of-way and roadways. On this map, show the existing features of the site, including land and water areas, water and/or sewer systems and the approximate location of all existing structures on or immediately adjacent to the site.

The sketch should show the proposed location and arrangement of buildings and uses on the site, including access and egress, parking and circulation.

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.

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.

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 Resources Protection Overlay District (WR-O), found in Article V, §§ 125-40 and 125-54, herein.

The site plan application shall be referred to the Dutchess County Department of Planning and Development in accordance with Article VII, § 125-77E, 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, § 125-78, of this chapter.

Prohibition of the proposed use or activity, while desirable in terms of environmental objectives, would be unreasonable as applied to the particular parcel.

The Planning Board has been able to define appropriate conditions for attachment to the special use permit to reasonably ensure that the proposed use or activity will not result in erosion or stream pollution from surface or subsurface runoff.

A twenty-five-foot-wide natural buffer shall be maintained from the normal streambank for all activities except for those dependent upon the recreational use of the stream course or its employ as a source of water for emergency purposes.

The impact of the proposed activity and reasonably anticipated similar activities within the WR-O District have been determined to have no negative impact upon neighboring properties with regards to existing flood flows, flood storage, storm barriers and water quality.

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 prohibiting the maintenance of a composting pile accessory to a residence or other use.

Outside storage of any materials which, in the opinion of the Code Enforcement Officer, could contaminate groundwater resources.

Gasoline stations.

Cemeteries.

The cooking, distillation, processing and incineration of animal or vegetable products, including but not limited to a brewery, distillery, slaughterhouse, fat renderings, soap manufacture, tannery, paper manufacture, wool-scouring and cleaning, cotton textile sizing, scouring, bleaching, dyeing and similar operations.

The production of corrosive and noxious chemicals, including but not limited to acids, acetylene gas, ammonia, chlorine and bleaching compounds.

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.

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 Subsection D(1)(a) through (g). 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.

The stockpiling or dumping of snow which has been transported to the restricted area is prohibited.

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.

Use of wastewater lagoons and pits for temporary storage of wastewater is prohibited. All storage facilities shall be watertight, located above ground, and under permit by the New York Department of Environmental Conservation.

All bulk storage of fertilizers for agricultural or commercial use must be within a building or structure which will prevent any seepage or runoff.

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 WR-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 Protection Overlay Map, shall be subject to issuance of a special use permit as required by Article VI of this chapter 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.

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 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 aboveground storage tanks of 1,100 gallons 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 aboveground storage tanks of 1,100 gallons or less for petroleum products or installation or expansion of aboveground 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.

The storage of salt is prohibited except in a completely enclosed building or structure, which will prevent any seepage or runoff containing such materials.

All water supply wells shall be constructed in accordance with the requirements of the Dutchess County Department of Health.

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.

Closed-loop geothermal wells shall use either noncontaminated 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.

Any proposal to install an underground storage tank for any commodity shall be granted only in the event that aboveground 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.

All underground tanks shall be double-hulled steel or fiberglass encased in a concrete vault that includes access for periodic visual inspection.

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.

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.

Visibility. All structures should be sited to avoid occupying or obstructing public views of land from any location listed on the SEQRA visual environmental assessment form addendum (V-EAF) pursuant to 6 NYCRR 617.20, Appendix B. These locations are frequented by the public and offer unobstructed views of the Town's ridgelines, hilltops, scenic landscapes and scenic roads. Visibility shall be measured using a condition of no leaves on trees.

Colors. Structures should blend in with natural surroundings through use of stone and/or natural wood siding. The preferred exterior finish materials on all facades are wood siding, and/or earth-based materials such as brick, stone, cement-reinforced clapboard siding and/or stucco. Vinyl, plastic and metal siding are acceptable but discouraged. Reflective materials and bright colors that contrast dramatically with the colors of the land and vegetation around them should not be used as predominate colors on any wall or roof surface.

Vegetation. Existing vegetation should be preserved to the maximum extent practical. Every attempt shall be made to limit cutting necessary for either construction or the opening of views from the subject site so as to maintain native vegetation as a screen for structures, as seen from public roads or parks or other public views. Clearing of existing vegetation at the edge of the road shall be minimized, except to open landscape views and as necessary to create road and driveway entrances with adequate sight distance. Curved driveways shall be used if feasible to increase the screening of buildings. Buildings shall be sited so that they do not protrude above treetops, ridgelines and hilltops as seen from public places and roads. This shall not be interpreted to mean that the buildings should not be seen, only that they should not protrude above the trees, ridgelines or hilltops.

Forest management. This section is not intended to limit forest management when practiced in accordance with environmentally sound and sustainable silvicultural principles. Forest management constitutes a beneficial and desirable use of the Town's forest resources and makes vital contributions to the economy, environment and aesthetic features of Rhinebeck. The tradition of using Rhinebeck's forest resources for the production of forest products and related commercial activities, for recreation, and for sustenance of the Town's wildlife is essential to a favorable quality of life.

Landscaping.

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.

View preservation. A conservation easement, pursuant to § 247 of the New York State General Municipal Law, §§ 49-0301 through 49-0311 of the New York State Environmental Conservation Law, and Article V, § 125-43L, of this chapter is the preferred means to protect or buffer views. Other legal instruments, such as deed restrictions acceptable to the Planning Board and Town Attorney, may be used to protect or buffer views.

Lighting and other utilities. Exterior lighting shall be controlled in both height and intensity and shall be in conformance with the requirements established herein. Under no circumstances shall the light level at any lot line exceed 0.25 footcandle, measured at ground level. All electric, telephone, television, and other communication lines, both main and service connections, servicing new development, shall be provided by underground wiring within easements of dedicated public rights-of-way, private roads, or common driveways, installed in accordance with the prevailing standards and practices of the utility or other companies providing such services.

Prevention of soil erosion. No site plan or subdivision plat shall be approved unless it includes soil erosion and sediment control measures, prepared in accordance with the Town of Rhinebeck stormwater management requirements found in Article V, § 125-60, herein. Landowners shall bear full responsibility for the installation, construction, and maintenance of all erosion control measures required as a condition of approval.

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

Roof-mounted area lighting.

Laser lighting for outdoor advertising or entertainment.

The use of and the operation of searchlights for advertising purposes.

The use of mercury vapor lamps, which cast a very bright, unattractive light.

Unshielded wallpack-type fixtures.

Neon roping or trimming.

Temporary circus, fair, carnival, religious, historic, or civic uses.

Construction or emergency lighting, provided such lighting is temporary and is discontinued immediately upon completion of the construction work or abatement of the emergency necessitating such lighting.

Temporary holiday lighting for no more than two months per year.

Lighting that is considered a landscape design element and is integral to the aesthetic value of the design, as determined by the Planning Board.

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

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

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

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.

Adjacent municipalities shall be contacted for their input on the proposed recreational lighting, when applicable.

Streetlighting shall comply with Subsection F(16).

Streetlighting shall not exceed 12 feet in height.

Streetlighting shall be provided on one or both sides of all streets at intervals no greater than 75 feet on center and at intersections.

Lighting posts and fixtures for streetlights shall be of consistent architectural style.

Streetlighting shall be located between the street curb or pavement and the sidewalk.

Existing streetlighting, 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.

In all zoning districts allowing nonresidential uses, and in the case of all nonresidential uses in residential zoning districts, a landscaped strip shall be provided on the property adjacent to the right-of-way. Where parking lots are immediately adjacent to the public right-of-way, the provisions of Subsection E 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:

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.

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.

Use of native species is highly encouraged since such species are tolerant of Hudson Valley's climate, are generally disease-resistant, do not create unusual maintenance problems, and are readily available from local nurseries. Use a variety of tree species to provide visual interest, to protect against same species die-out or disease, and be tolerant of road salt. Large-leafed and/or fruiting trees should be avoided.

To reduce the visual impact of the parking lot, provide a twenty-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.

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 porous pavement or 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.

Divide the rows of parking with planting strips and trees, averaging a tree every six spaces. Planting strips should be a minimum of 10 feet in width.

Provide diamond-shaped tree islands six feet wide for every four to six parking stalls.

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.

Use water gardens for stormwater management compliance retention basins, as specified in Article V, § 125-60, of this chapter.

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.

Provide planting islands between every 10 spaces to avoid long rows of parked cars. Each of these planting islands should provide at least one shade tree.

Landscaping should be used to delineate vehicular and pedestrian patterns. Clear and legible signs, different color and texture paving materials, raised or inverted areas, and other techniques should be used to further direct the flow of both vehicular and pedestrian traffic within the lot.

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.

Lighting should complement 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, § 125-56, for lighting standards.

Provide bicycle amenities such as racks. Bicycle parking spaces and racks shall be provided in an area that does not conflict with vehicular traffic.

Appropriate areas for snow storage shall be integrated into the landscape and stormwater management plans.

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 Subsection C(3)(c)[2] of this section.

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.

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.

Designated van/car pool parking and other facilities for transportation alternatives to single-occupancy vehicle use shall be provided wherever practical.

All aboveground 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.

Operating or permitting the operation of any motor vehicle so out of repair or in such a condition as to create a noise disturbance or that is otherwise not in compliance with the provisions of any state or federal law, including but not limited to §§ 375 and 386 of the New York State Vehicle and Traffic Law.

Allowing noise from a motor vehicle alarm to continue in excess of five minutes' duration after it has been activated.

Water resources (including aquifers, streams, wetlands, and vernal pools, whether or not they are protected by local, state or federal regulations).

Vegetation.

Soils.

Elevation, aspect and slope (including rocky outcrops, steep slopes and ridgelines).

Presence of wildlife of greatest conservation need, as defined by the State of New York, including but not limited to breeding birds, reptiles, amphibians and mammals, including higher-order predators.

Presence of New York State listed endangered, threatened, rare, and exploitably vulnerable plants or the New York State rare plant status lists.

Soils and geological information should be obtained from the Dutchess County Soil Survey, the significant habitats in the Town of Rhinebeck report, or the New York State Bedrock Geology Map if not available from on-site surveys.

Habitat descriptions, including approximate acreage for each habitat type, dominant plants, vegetation structure, and connections with adjacent habitat.

Approximate acreage for each habitat type that will be impaired or lost as a result of the project activity.

Special habitats, including but not limited to vernal pools, kettle shrub pools, riparian areas, streams, ponds, mature forest, and shrubby old fields, will be noted. All wetlands and streams (perennial and intermittent) on site will be evaluated as habitat regardless of regulatory jurisdiction.

Habitat assessment, including both on-site and off-site areas. If access to off-site areas cannot be obtained from landowners, those off-site 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.

General assessment of habitat quality or condition must be included. Quality measures, depending on habitat type, may include the following:

Wildlife of greatest conservation need. For purposes of habitat assessment, "wildlife of greatest conservation need" include those listed below. Many of the species of conservation need are restricted to specialized habitats with particular physical or biological features. If the appropriate habitat is present on site, it is assumed that species known to use that habitat are present or could be present in the future.

Evaluation of on-site 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) include but is not limited to:

Site overview with descriptions of bedrock geology and soils.

Habitat descriptions (see list below).

Indicators of habitat quality (e.g., size of trees, degree of disturbance, invasive species, abundance of species or groups, vegetation characteristics, relationships to off-site or adjacent habitats, extent of habitat).

Habitat map of the site, including contours, topographic features, and soils.

Soils map.

Vegetation and wildlife list with specific locations wherever possible.

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 or more acres during the course of the project, inclusive of the construction of single-family residences and construction activities at agricultural properties.

All information required herein.

Description of each post-construction stormwater management practice.

Site map/construction drawing(s) showing the specific location(s) and size(s) of each post-construction stormwater management practice.

Hydrologic and hydraulic analysis for all structural components of the stormwater management system for the applicable design storms.

Comparison of post-development stormwater runoff conditions with pre-development conditions.

Dimensions, material specifications and installation details for each post-construction stormwater management practice.

Maintenance schedule to ensure continuous and effective operation of each post-construction stormwater management practice.

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.

Inspection and maintenance agreement binding on all subsequent landowners served by the on-site stormwater management measures, in accordance with Schedule B herein.[2]

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 meets the requirements herein.

The New York SPDES General Permit for Stormwater Runoff from Construction Activities, as amended and/or updated, 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.

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").

New York State Standards and Specifications for Erosion and Sediment Control, (New York State DEC, most current version or its successor, hereafter referred to as the "Erosion Control Manual").

To obtain inspections, the applicant shall notify the ZEO in person at least 48 hours before any of the following:

If any violations are found, the applicant and developer shall be notified in writing of the nature of the violation and the required corrective actions. No further work shall be conducted except for site stabilization until any violations are corrected and all work previously completed has received approval by the stormwater management officer.

A preventive/corrective maintenance program for all critical facilities and systems of treatment and control (or related appurtenances) which are installed or used by the owner or operator to achieve the goals of this section.

Written procedures for operation and maintenance and training new maintenance personnel.

Discharges from the SMPs shall not exceed design criteria, or cause or contribute to water quality standard violations.

The Planning Board may require a maintenance bond to fund the inspection of stormwater management facilities.

Inspection programs shall be established on any reasonable basis, including, but not limited to: routine inspections; random inspections; inspections based upon complaints or other notice of possible violations; inspection of drainage basins or areas identified as higher-than-typical sources of sediment or other contaminants or pollutants; inspections of businesses or industries of a type associated with higher-than-usual discharges of contaminants or pollutants, or with discharges of a type which are more likely than the typical discharge to cause violations of state or federal water or sediment quality standards or the SPDES stormwater permit; and joint inspections with other agencies inspecting under environmental or safety laws. Inspections may include, but are not limited to: reviewing maintenance and repair records; sampling discharges, surface water, groundwater, and material or water in drainage control facilities; and evaluating the condition of drainage control facilities and other stormwater management practices.

Providing for the careful, thoughtful evaluation of any proposed action that would cause the removal or demolition of any such recognized historic building;

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;

Allowing the continuing identification and recognition of historic buildings that represent distinctive elements of historic, architectural and cultural heritage; and

Providing a means for 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 Subsection F of this section.

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

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

Past 10 years' chronology of the use, occupancy and ownership of the property;

Receipt for application fee, if any, as may be set forth on the Town's fee schedule as annually reviewed and established by the Town Board; and

Any other information specific to the removal or demolition required by the Planning Board to make a determination on an application for a certificate of removal or demolition, including data to demonstrate compliance with the criteria for approval of a certificate of removal or demolition as set forth below in Subsection E of this section.

History of the environmental setting, use, occupancy and ownership of the property;

Engineering evaluation of the physical condition of the property;

The economic feasibility of rehabilitation or reuse of the historic building on the property, including consideration of both uses permitted by right and those uses permitted upon issuance of a special use permit by the Planning Board;

The cost of the proposed removal or demolition;

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

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

Assessed value of the property according to the two most recent assessments;

Real estate taxes for the previous two years;

For income-producing property, the annual gross income from the property for the previous two years, itemized operating and maintenance expenses for the previous two years, and depreciation deduction and annual cash flow before and after debt service, if any, during the same period;

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

Any other information considered necessary by the Planning Board to make a determination as to whether the property does yield or may yield a reasonable return to the owners.

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

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

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

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

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

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

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

Throughout the review process the applicant has consulted cooperatively with the Planning Board, local preservation groups and other identified interested parties in a diligent effort to seek an alternative that will result in preservation of the historic building.

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

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

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.

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;

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

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

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

Assessed value of the property according to the two most recent assessments;

Real property taxes for the previous two years;

Form of ownership or operation of the property, whether sole proprietorship, for-profit or not-for-profit corporation, limited partnership, joint venture, or other;

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

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.

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

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

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.

In order to permit conversions of designated historic buildings, the Planning Board may grant a special use permit to modify the standards in the District Schedule of Area and Bulk Regulations,[1] with regards to maximum density, minimum lot frontage, maximum coverage, minimum lot width, and front, side and rear yard setbacks to allow residential uses in a designated historic building or in a proposed addition to a designated historic building, when it can be demonstrated that the modification is necessary to preserve the building. In addition to compliance with the general standards for a special use permit, the applicant shall demonstrate that, if the conversion were to cease in the future, the architectural integrity of the designated historic building would be unimpaired.

The Planning Board may grant a special use permit for conversions within designated historic buildings, in all residential zoning districts, to allow business and professional offices, an artisans shop and gallery, and an antiques shop, as such uses are defined in Article XIII of this chapter, when it can be demonstrated that the conversion is necessary to preserve the building. In addition to compliance with the general standards for a special use permit, the applicant shall demonstrate that, if the conversion were to cease in the future, the architectural integrity of the designated historic building would be unimpaired. Nothing herein shall prevent a residential use from continuing within the designated historic building, when a special use permit has been granted for conversion to allow business and professional offices, an artisans shop and gallery, or an antiques shop.

Density. In determining the total number of proposed residential dwelling units, the Planning Board shall take into consideration traffic circulation, parking requirements and location, impact on the integrity of the designated historic building and the property, and the overall impacts to the general character of the district and neighborhood. In particular, the Planning Board will evaluate the aesthetic impacts to the designated historic building and the property from the proposed renovations, alterations, extensions or additions. Up to four residential dwelling units may be allowed on the lot(s) proposed for an adaptive reuse special use permit, provided the Planning Board makes a finding that such renovations, alterations, extensions or additions satisfy the stated objectives found in Subsection F(4) of this section.

Entrances and parking. Dwelling unit entrances shall not be visible from a public way. Multiple entrances visible from the public way may be allowed if consistent with the architectural style of the building or structure. Secondary means of egress, especially from upper stories, shall not be visible from the public way. On-site parking should be provided in accordance with Article V, § 125-36, of this chapter. The Planning Board shall endeavor to protect historic resources and may waive some or all of the parking requirements for such purposes. If more than six parking spaces are required, excess spaces shall be adequately screened or concealed in accordance with the requirements of Article V, § 125-36 (Off-street parking and loading standards), and Article V, § 125-57 (Landscaping standards), of this chapter.

Frontage, lot width and setbacks. For all new additions to designated historic buildings, the Planning Board may waive the dimensional requirements (except height) of the zoning district up to 50% if the project is consistent with Article V, § 125-55 (Preservation of natural and cultural features; design standards) of this chapter.

Restore the exterior of the designated historic building whenever feasible.

Consider the quality of original architecture and subsequent modifications, current condition and relationship of the designated historic building to the overall property or area when evaluating the feasibility of restoration. The Planning Board shall use the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings as a guide to restoration of such designated historic building.

Restore the existing formal and informal landscaping, stone walls and entrance gates where feasible and applicable.

Contemporary design for extensions or additions shall not be discouraged when such extensions or additions do not destroy significant historical, architectural or cultural material, and such design is compatible with the size, scale, color, material, and character of the property, district and neighborhood.

Site new construction 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 natural resources, as required by SEQRA.

The maximum floor area should not exceed 5% of the land included in the project proposal.

The development shall be in harmony with the objectives of the Town Comprehensive Plan and the Local Waterfront Revitalization Program.

Identify and protect the historical and archaeological resources that represent distinctive elements of Rhinebeck's historic, architectural, archaeological and cultural heritage and the Town's sense of place and its unique character;

Foster education and civic pride in the accomplishments of the past;

Protect and strengthen Rhinebeck's attractiveness to residents and visitors, while providing support and stimulus to the Town's economy; and

Insure the harmonious, orderly and sufficient growth and development of the Town in accordance with the goals and objectives of the Town's Comprehensive Plan.

Provide a resource to the Town Planning Board and Town Board in their review and approval of projects which have the potential for negative impacts upon the Town's historical and archaeological resources.

The Advisory Committee shall consist of five members to be appointed by the Town Board as follows: i) at least one member should be an architect or restoration specialist experienced in working with historic structures; ii) at least one member should be an historian; iii) at least one member should be a person with working knowledge of archaeology; iv) at least one member shall have demonstrated significant interest in commitment to the field of historic preservation evidenced either by an involvement in a local historic preservation group, employment or voluntary activity in the field of historic preservation or other interest in, and commitment to, the field; v) the other member shall have a demonstrated interest in the preservation of historical, archaeological, cultural and/or architectural resources within the Town of Rhinebeck. The Town Historian shall act as an ex officio member of the Committee.

Committee members shall serve for a term of four years; however, the initial term of one of the five members shall be one year, two shall be two years, and two shall be three years.

The Chairperson of the Committee shall be appointed by the Town Board. The Vice Chairperson shall be selected by the Committee.

The role and responsibilities of the Committee shall include, but not necessarily be limited to:

The Committee shall meet at least monthly, but meetings may be held at any time or on the call of the Chairperson or a majority of the Committee.

A quorum for the transaction of business shall consist of three of the Committee's members.

The Committee shall function in an advisory capacity, but shall comply with the requirements of the New York State Open Meetings Law.

Individual properties shall be designated as an historic building, contributing building, local landmark or noncontributing building as those terms are defined in Chapter 125, Article VIII, § 125-138B of the Town Code. In making such recommendations, the Committee shall apply the criteria set forth in § 125-62E, and with the purposes and intent for protection of historic buildings and landmarks as set forth in § 125-62A of this Code. In addition, the Committee may consider one or more of the following factors as applicable in its designation.