Rhinebeck Town City Zoning Code
ARTICLE VII
Site Plan Review and Approval
§ 125-71 Purposes.
[Amended 7-25-2016 by L.L. No. 5-2016]
The purpose of this article is to provide regulations governing the applicability, submission requirements, and standards for review and design of uses required to obtain site plan approval from the Town Planning Board as expressed in its Comprehensive Plan and Local Waterfront Revitalization Program, thereby protecting the natural, cultural, historic and rural landscapes and aesthetic qualities of the Town. The intent is to ensure that the development and use of land does not have an adverse effect on adjacent lands or on the character of the community. Such regulations are designed to protect the community from traffic congestion and conflicts, noise, lighting, odor and other forms of pollution, inappropriate design, including "strip" commercial development, flooding, and excessive soil erosion, to ensure that the proposed use will be in harmony with the appropriate and orderly development of the district in which it is proposed, and that its impacts can be mitigated by compliance with reasonable conditions. The regulations are also designed to ensure that new and existing development conforms with the Town's planning goals and objectives, as expressed in its Comprehensive Plan, thereby protecting the natural, cultural, historic and rural landscapes and aesthetic qualities of the Town.
§ 125-72 Site plan approval required.
Article III, District Schedule of Use Regulations, and Article VII, § 125-73A through J herein, require site plan review and approval for specific uses, prior to the issuance of a building permit or certificate of occupancy, except for agricultural, forestry and conservation uses permitted by right. There is a special expedited agricultural site plan review and approval process for farm buildings and structures with a footprint greater than 15,000 square feet. See Article V, § 125-49, for the procedures to follow in these cases.
§ 125-73 Uses subject to site plan approval.
In addition to the uses identified on the District Schedule of Use Regulations found in Article III as requiring site plan approval,[1] the following require site plan review and approval:
A.
Special permit uses.
[Amended 3-12-2012 by L.L. No. 1-2012; 7-25-2016 by L.L. No. 5-2016]
(1)
All special permit uses cited in the District Schedule of Use Regulations and accessory uses to special permit uses, or as identified herein, shall be subject to site plan review and approval, with this provision not to be construed as requiring site plan review and approval by the Planning Board for either maintenance which should be performed on a periodic basis of structures of all types in their continuing use, including the landscaping of properties, the substantially identical replacement by design, location, dimension and material of site appurtenances, such as fencing, signs, walkways and driveways, but not to include the replacement of either off-site commercial or other advertising signs or noncomplying lighting.
(2)
Further, the construction and/or installation of accessory structures of less than 50 square feet in floor area or structure footprint which are proposed in conformance with the minimum setback requirements found within Article IV, § 125-27, shall not be subject to the requirement for site plan review and approval unless both of the following criteria apply:
(a)
The use is otherwise established as a special permit use within Article IV, § 125-40, Development near streams, rivers, wetlands and other water bodies, § 125-41, Development within Flood Fringe Overlay (FF-O) District, and/or § 125-54, Development within Water Resources Protection Overlay (WR-O) District, of this chapter; and
(b)
Notwithstanding the requirement for special use permit otherwise stated within § 125-40A(3) and § 125-54C for any development within 1,000 feet of the Hudson River, the use is located within 250 feet of the Hudson River.
B.
With the exception of agriculture, forestry and conservation uses and the construction and/or installation of accessory structures of less than 50 square feet in floor area or structure footprint, including those proposed accessory structures located within areas identified in Subsection B(2), (3) and (4) below, site plan approval is required for excavation and construction activities associated with all permitted and accessory uses thereto within areas of environmental sensitivity as identified herein:
[Amended 7-25-2016 by L.L. No. 5-2016]
(1)
For lands lying within the Town of Rhinebeck Flood Fringe Overlay District or within flood hazard zone areas as defined by the Federal Emergency Management Agency (FEMA);
(2)
For lands lying within an identified local, state, or federal historic district, or a site containing an identified local, state, or federal historic building or historic structure, or within sites that are contiguous or substantially contiguous with such historic resources;
(3)
For lands lying within a state-designated scenic area of statewide significance, the Mid-Hudson Historic Shorelands Scenic District, or a scenic viewshed or adjacent to a scenic road corridor as officially designated by the Town of Rhinebeck and/or a county, state or federal agency;
(4)
For lands designated for future trails and lying within the Town of Rhinebeck Land Conservation - Trails (LC-T) District, lands designated for parks or trails on the Official Town Map or in the Town of Rhinebeck Comprehensive Plan; and
(5)
For lands lying within 1,000 feet of the mean high water mark of the Hudson River.
C.
A new principal or accessory building for which a building permit and site plan approval is required by the Town of Rhinebeck.
D.
Any amendment to a previously approved site plan.
E.
When expansion of an existing principal or accessory building occurs for which a building permit and site plan approval are required by the Town of Rhinebeck. A master plan for all uses is required for multiple uses if any one requires site plan approval.
F.
For uses that require site plan approval, a change of intensity of use, a change of signage or lighting, a change in the amount of floor area devoted to an existing use, or the addition of a new business use or activity (e.g., creating a greater number of dwelling units, increasing the amount of retail space or other floor area available to customers, or additional seating in a restaurant or place of public assembly) or increased demands on water supply, sanitary sewage disposal, stormwater management, and zoning compliance. This requirement shall not be construed as applying to either the substantially identical replacement of an existing sign or the proposed installation of a new sign which has been determined by the Zoning Enforcement Officer to be in compliance with the standards set forth within Article V, § 125-37, of this chapter as to authorized number, maximum square footage and location of signage on the property, and has been reviewed by the Planning Board and determined to be consistent with the Town’s Design Standards.
[Amended 3-12-2012 by L.L. No. 1-2012]
G.
A change will occur in the extent of the site devoted to off-street parking, service or loading areas, outdoor storage (both wholly and partially-enclosed), and similar features.
H.
For all uses that require site plan approval and site modifications are undertaken to comply with the requirements of the Dutchess County Health Department, New York State Department of Transportation, the New York State Department of Environmental Conservation, or any other agency or jurisdiction.
I.
For all uses that require site plan approval and where alterations will occur in principal site elements, including but not limited to the location, number and configuration of parking spaces; the location and configuration of access and egress points; the location, height, type and intensity of outdoor lighting; the location and treatment of site landscaping, including the extent of the site devoted to lawns and open space and the location, type and extent of landscape plant materials; the location, number and area and design of any freestanding signs; and the location and height of fences, walls and similar improvements.
J.
Initial use of buildings and/or open lands for an occupancy requiring site plan review and approval will be established in accordance with Article III of this chapter.
K.
Site plan approval shall be required for any development which is the functional equivalent of a land subdivision but which is structured for ownership purposes as a condominium or townhouse/row house project. In such cases, the Planning Board shall apply all relevant review criteria contained in the Subdivision Regulations (Chapter 101 of the Town Code) as well as the provisions of this chapter.
[1]
Editor's Note: The District Schedule of Use Regulations is included as an attachment to this chapter.
§ 125-74 Preapplication conference.
[Amended 3-12-2012 by L.L. No. 1-2012; 7-25-2016 by L.L. No. 5-2016; 3-12-2018 by L.L. No. 2-2018]
A.
Except in the case of site plan applications for modification of an existing single-family dwelling not involving a building addition, the filing of any new application for Planning Board review and approval of a site plan and/or special use permit must be preceded by a preapplication conference with the Planning Board Chair, the Planning Consultant and other persons who may be designated by the Chair. The purpose of the preapplication conference is to conceptually review the proposed development of buildings or the use of open land and associated site improvements, identify related application and submission requirements, and discuss Planning Board procedure under this chapter and related regulations such as SEQRA.
B.
In preparation for the preapplication conference, the applicant shall prepare a written statement and/or rough sketch plan describing what is proposed, including an indication of all existing structures and uses, if any, on the site.
C.
During the preapplication conference, the checklist set forth within § 125-75 of this chapter will be considered to identify the minimum level of information to be initially required on the site plan and in accompanying reports and, accordingly, the extent of waivers from the checklist which may be requested upon full review of the application under this chapter and SEQRA.
D.
The preapplication conference will additionally be employed to discuss with the applicant the site plan design criteria set forth in Article VII, § 125-76, the complementary Design Standards adopted by the Town Board and considered an integral part of this chapter, and the relationship of the SEQRA review process to the application and the documentation required.
§ 125-75 Application for site plan approval.
A.
All site plan applications, accompanied when applicable by a related request for waiver of requirements within the purview of the Planning Board as established in § 125-77F of this chapter, are made to the Zoning Enforcement Officer (ZEO) in writing, on forms, and in accordance with the review procedures prescribed by this section of the Zoning Law. In the event that the Zoning Enforcement Officer determines the application meets all of the requirements of the Zoning Law, the application shall be forwarded, accompanied by such written determination, by the ZEO to the Planning Board for further review in accordance with the provisions of the Zoning Law and/or Subdivision Regulations[1] and the Planning Board’s procedures, including placement on the next regular meeting agenda for initial presentation, determination of completeness and processing as may be timely under the Zoning Law and SEQRA of any application both received by the ZEO not less than 21 calendar days prior to the meeting and forwarded by the ZEO not less than 14 calendar days prior to the meeting. In the event the ZEO finds the application does not comply in one or more aspects with the provisions of the Zoning Law, the application shall be denied by the ZEO, with leave to appeal the ZEO’s determination to the Zoning Board of Appeals in accordance with the provisions of Article XI of this chapter.
[Amended 3-12-2012 by L.L. No. 1-2012; 7-25-2016 by L.L. No. 5-2016]
B.
Where a proposed site plan contains one or more features which do not comply with the site plan regulations, application may be made to the Zoning Board of Appeals for an area variance pursuant to Article XI of this chapter, without the necessity of a decision or determination of the Zoning Enforcement Officer.
C.
Within six calendar months of the preapplication conference, a complete application to commence site plan approval shall be made and shall be accompanied by no fewer than five full-scale prints and seven half-scale prints of the proposed site plan drawings (or as many additional half-scale prints as may be required for circulation purposes under SEQRA) and 12 copies of supporting site assessment data, related technical reports and environmental assessment documents and, data, related technical reports and environmental impact assessment documents, in a form usable by the Town Engineer and Town Planner and for posting on the Town of Rhinebeck website. The Planning Board may reduce the number of paper copies of such documents upon satisfaction of the electronic filing. Such plans and other documents shall include information drawn from the following checklist of items, as determined necessary at the time of the preapplication conference, and which is provided on a drawing certified by a licensed civil engineer, registered landscape architect, registered architect or other licensed design professionals, as may be necessary to comply with the professional licensing regulations administered by the New York State Education Department:
[Amended 3-12-2012 by L.L. No. 1-2012; 7-25-2016 by L.L. No. 5-2016; 3-12-2018 by L.L. No. 2-2018]
(1)
Site plan drawings. A site plan showing the following information:
(a)
Title of drawing, including name and address of applicant and person(s) responsible for preparation of such drawing.
(b)
North arrow, scale and date.
(c)
An area map keyed to the real property tax maps, showing the parcel under consideration for site plan review, and all properties, subdivisions, streets, power lines, and easements within 500 feet of the boundaries thereof.
(d)
Accurate boundaries of the property plotted to scale, including reference to specific data sources.
(e)
Location and boundaries of all existing natural land and water features on the property, including: rock outcrops; isolated trees six inches or more in diameter at breast height (dbh), all trees over 18 inches in dbh (whether isolated or in a forested area) and locally significant trees; existing vegetative and forest cover, orchards, hedgerows and other ornamental landscaping; stone walls; soil types and boundaries; active farmlands and prime agricultural soils; visually prominent agricultural landscape features such as fields, pastures, and meadows on knolls and hilltops; woodlands along roadways and property lines; scenic vistas; steep slopes in excess of 15% illustrated by shading; and water features. Water features include ponds, lakes, perennial and intermittent streams, wetlands and watercourses, aquifers, aquifer recharge areas, floodplains; and swales, retention/detention areas, and other stormwater management practices. Locally significant trees include, but are not limited to, rare or unusual species, trees associated with historic events or persons, or trees that contribute to an identified scenic viewshed.
(g)
Location of all existing buildings, structures, signs, and agricultural, forested and conservation lands on adjacent property within 100 feet of the subject lot lines.
(h)
Location, proposed use, height, and setback measurements of all existing and proposed buildings, structures and signs on the applicant's property, including floor plans and plans for exterior elevations at a scale of 1/4 inch equals one foot, showing the structure's mass and architectural features, and indicating the type and color of materials to be used. A table indicating square footage of all building areas to be used for a particular use, such as retail operation, office use, enclosed parking, storage, or other commercial activity; maximum number of employees; maximum seating capacity, where applicable; and number of parking spaces existing and required for the intended use.
(i)
Location, design and construction materials of all parking and truck-loading areas (both open and enclosed, if any), including the number of parking spaces required and to be provided, their access and egress drives and clear indication of all traffic patterns on site, curb cuts on the site and within 100 feet of the site, and all streets which are either proposed, mapped or built. For all lots that access or are proposed to be served by access onto a Town highway, a driveway permit is required from the Town Superintendent of Highways in accordance with New York State Highway Law § 213. The Town requires the provision of parking areas using alternative paving materials, such as paving blocks where the interstices are filled with sod, or through parking reserve areas which may not be constructed until and unless demand is evident as outlined in Article V, § 125-36.
(j)
Provision for pedestrian and bicycle access, including the location, design and construction materials of all present and proposed walkways, bicycle paths and racks, benches, ramps, outdoor storage or display areas, retaining and/or landscaping walls and fences in connection with such access.
(k)
Location of storage for equipment and materials, if any. Except for agricultural and other large equipment and retail sales of such equipment, outdoor storage of materials and equipment is prohibited.
(l)
Location, design and construction materials of all existing or proposed site improvements, including drains, culverts, retaining walls and fences.
(m)
Description of the method and location of all existing and proposed sewage disposal systems, including the design and construction materials of such facilities.
(n)
Description of the method and location of all existing and proposed water supply systems, including the design and construction materials of such facilities.
(o)
Location of fire and other emergency zones, including the location of fire hydrants or of the nearest alternative water supply for fire emergencies.
(p)
Location, design and construction materials of all energy distribution facilities, including electrical, gas, wind, and solar energy and an analysis of LEED compliance (see Article V, §§ 125-47 and 125-61, for solar and wind energy system allowances, energy conservation and sustainable building practice requirements, which are encouraged and in some cases required).
(r)
Location and proposed development of all buffer areas, including indication of both existing vegetative cover and that portion that will be preserved.
(s)
The location, type, and screening details for solid waste disposal facilities and containers.
(v)
Pedestrian, bicycle and vehicle connections to adjoining properties if feasible and deemed necessary to reduce traffic impacts, as determined by the Planning Board.
(w)
Inventory and quantity of hazardous materials anticipated for on-site storage and/or use, if applicable.
(x)
Other elements integral to the proposed development as considered necessary by the Planning Board, including the identification of any state or county permits required for the project's execution.
(y)
Existing school district (if applicable), zoning districts, and overlay district boundaries, and any special features identified in the Town of Rhinebeck Comprehensive Plan within 500 feet of the site's perimeter. The acreage of each distinct existing and proposed land use on the applicant's property, and the proposed density of each, if residential uses are proposed, shall be provided.
(z)
Plans for the disposal of construction and demolition waste, whether on-site or at a New York State approved solid waste management facility.
(aa)
If the site plan contains any residential development, a park or parks suitably located for playground or other recreational purposes, or if a park or parks of adequate size cannot be properly located on such site plan, then a payment in lieu thereof of a recreation fee is required as provided by the fee schedule established and annually reviewed by the Town Board. Land for park, playground or other recreational purposes, or a payment in lieu thereof, may not be authorized until the Planning Board has made a finding that a proper case exists for requiring that a park or parks be suitably located or, if such parks cannot be suitably located, the payment of a recreation fee. Such findings shall include an evaluation of the present and anticipated future needs for park and recreational facilities in the Town, based on projected population growth to which the proposed site plan will contribute.
(cc)
If the site plan includes residential units within 500 feet of a farm operation, map notes concerning farm operations. Such notes shall be filed with the deed(s) for the property and shall include the following:
This residential development is located within 500 feet of an agricultural district that may have active farming operations in the vicinity. Be advised of the following: | ||
(a) | Farming is encouraged in the Town of Rhinebeck and is a defining characteristic of the Town's rural landscape. Farming is a preferred land use in the Town because a viable agricultural economy contributes to stable property taxes and local employment, supports the livelihood of local families, provides essential locally grown food products, and helps to preserve scenic roads, working landscapes and historic sites. | |
(b) | Farming does not only occur between 8:00 a.m. and 5:00 p.m. and is dependent on mother nature. Residents should be aware of noise from agricultural machinery being operated in nearby fields in both early morning and evening hours, and noise from crop drying fans which may operate 24 hours of the day during the harvest season. | |
(c) | Roads leading to and from the residential development are frequently traveled by farmers and their slow-moving vehicles and equipment. | |
(d) | Farmer neighbors very often spray their crops with pesticides in accordance with accepted practices of the New York State Department of Environmental Conservation. | |
(e) | Existing farming operations may create both unavoidable odors and unsightliness, commonly associated with farming operations in the area. | |
(f) | There are dangers in letting children and pets roam into any adjacent agricultural fields, which is private property. | |
(g) | Residences for seasonal farm laborers are an accessory use to farming activities in agricultural districts. | |
(h) | Be advised of the nuisance of blowing dust caused by high winds. | |
(i) | No building permit for a new residence shall be issued and no lot sold or conveyed unless the applicant/purchaser of such residence/lot files a statement with the Town Clerk that he or she understands that the lot lies within or close to an agricultural district, within which the primary activity is farming. | |
A deeded declaration referencing the agricultural notes has been recorded in the Dutchess County Clerk's Office at Liber xxxx and Page xxxx on x/x/xxxx (Note: actual liber and page numbers to be inserted following recording). | ||
(2)
Required fees and supporting materials. An application for site plan review and approval shall not be considered complete until accompanied by the applicable fees, an executed escrow agreement and the supporting materials described below in Subsection C(2)(a). Such fees and escrow agreement shall be submitted in accordance with the fee schedule established and annually reviewed by the Town Board and with the provisions of Article XIV governing escrow fees. The supporting materials are as follows:
(a)
Supporting materials. The following materials shall be submitted:
[1]
A copy of the deed to the property as most recently filed and/or a copy of the executed contract of sale.
[2]
A copy of each covenant, easement or deed restriction in effect or intended to cover all or part of the tract.
[3]
Written offers of easement to the Town of Rhinebeck or other public agencies for purposes of stormwater drainage, utility rights-of-way, etc.
[4]
Identification of all necessary permits from federal, state, county or local agencies, approvals required from said agencies for the project's execution, and proof of special permit and/or variance approvals if applicable.
[5]
As applicable, soil logs from on-site borings or test pits, percolation test results, and stormwater runoff calculations.
(b)
Environmental assessment form. A complete application for site plan review and approval shall be accompanied by a short or full environmental assessment form (EAF) as required by SEQRA. To avoid delay, applicants are advised to familiarize themselves with New York State's SEQRA requirements for environmental assessment, to determine whether their proposed project meets the thresholds for a Type 1 action and therefore requires that a full EAF be submitted to accompany the application for site plan approval. If the site is located in a visually sensitive area or on a scenic road identified in the Town Comprehensive Plan, a visual EAF addendum will also need to be submitted. All applications made for lands within or contiguous to the Hudson River National Historic Landmark District, the Town of Rhinebeck National Register of Historic Places Multiple Resource District, or any building, structure or site listed individually on the State or National Register of Historic Places shall require the submission of a full EAF. Such lands are illustrated in the Town Comprehensive Plan, but applicants are on notice that additional properties in the Town may be listed on the State or National Register of Historic Places subsequent to adoption of the Comprehensive Plan. Upon initiating preparation of a required full EAF applicants shall employ the Environmental Mapper found on the NYSDEC web-site as an informational resource.
[Amended 7-25-2016 by L.L. No. 5-2016]
(c)
Additional SEQRA supporting materials. If the Planning Board is designated as lead agency for the SEQRA review of a site plan application, there may be additional information required to be submitted by the applicant, before the Planning Board can consider the application complete. Under SEQRA, an application cannot be considered complete until the Planning Board, if acting as lead agency, has determined the significance of the project and adopted a negative declaration or deemed a draft environmental impact statement is complete. In making its determination of significance, the Planning Board, if acting as lead agency, will consider the impact categories on the Part 2 EAF, the following additional SEQRA supporting materials if required, depending on the size and potential degree of impact on the Town:
[Amended 7-25-2016 by L.L. No. 5-2016]
[1]
Analysis of fiscal impacts to the Town, funded by the applicant, including projected tax revenues and cost of community services using a methodology in common use, such as that described in the most recent versions of Rutgers University's Center for Urban Affairs publications entitled "The Fiscal Impact Handbook" and "The New Practitioner's Guide to Fiscal Impact Analysis" and funded by the applicant.
[2]
A cultural resource assessment, funded by the applicant, if the land lies within or contiguous to the Hudson River National Historic Landmark District, the Town of Rhinebeck National Register of Historic Places Multiple Resource District, any building, structure or site listed individually on the State or National Register of Historic Places or identified by the Town of Rhinebeck as an historic building, structure or site, is in an area identified as an archaeologically sensitive area by the State of New York on the New York State site inventory or by the Town Historian or other Town official charged with cultural resource responsibilities. Applications within such areas identified as archaeologically sensitive shall be referred to the Town Historian, such other Town officials charged with cultural resource responsibilities, and/or the Field Services Bureau of the New York State Office of Parks, Recreation and Historic Preservation for recommendations. The Planning Board may require more detailed on-site investigations when it is deemed necessary to assess potential adverse impacts on cultural resources.
[3]
A traffic impact study and analysis due to the proposal's location in heavy traffic areas or because of its potential traffic-generating characteristics. Such study and analysis shall be funded by the applicant, shall be consistent, at a minimum, with the Traffic Study Methodology Guidelines published by the New York State Department of Transportation, and shall include:
[a]
The projected number of motor vehicle trips to enter or leave the site, estimated for daily and peak-hour traffic levels.
[b]
The projected traffic flow pattern, including vehicular movements at all major intersections likely to be affected by the proposed use of the site.
[c]
The impact of this traffic upon existing abutting public and private ways in relation to existing road capacities. Existing and proposed daily and peak-hour traffic levels as well as road capacity levels shall be given.
[4]
Such other supporting SEQRA materials as deemed necessary by the Planning Board to fully comply with SEQRA.
§ 125-76 Site plan design criteria.
The purpose of good site design is to create a functional and attractive development, to minimize adverse environmental impacts, and to minimize impacts on adjacent properties and the character of the community. To promote this purpose, the Planning Board in reviewing site plans, shall consider the design criteria set forth below, the Town of Rhinebeck Design Standards found in Appendix A of the Zoning Law,[1] the Dutchess County Greenway Connections Guides, and such other design standards and design guidelines as may be adopted by the Town Board. All design standards and design guidelines are available from the office of the Town Clerk or are available from the Town of Rhinebeck's website. Such standards and guidelines are intended to provide a framework within which the designer of the development is free to exercise creativity, invention and innovation while recognizing the Town's rural, natural, scenic and historic qualities. The Planning Board may require submission of alternative design and layout proposals based on the standards in this section, the Design Standards, Greenway Connections Guides, and other adopted design guidelines.
A.
Relationship of proposal to the Town Comprehensive Plan and, if adopted, the Official Map.
(1)
Due attention by the applicant should be given to the goals, objectives and the stated general land use policies for the Town and the specific area in which the development is proposed.
(2)
Recognized scenic and/or historic districts within the vicinity of the proposed development should be considered in the site plan design, including the use of traditional building forms and layouts which are evidence of the distinctive historical development of the area.
B.
Relationship of buildings to site.
(1)
The site shall be planned to accomplish a desirable transition with the streetscape, and to provide for adequate planting, safe pedestrian and bicycle movements, and adequate, but not excessive, parking areas.
(2)
Cluster all buildings in the plan in as compact a form as possible with due regard to on-site environmentally sensitive features, integrate all buildings with each other and with adjacent buildings and provide convenient access to and from adjacent uses.
(3)
Parking shall be located to the rear or sides of buildings so as to not interfere with the landscape treatment.
(4)
Without restricting the permissible limits of the applicable zoning district, the height and scale of each building shall be compatible with its site and existing, or anticipated, adjoining buildings.
(5)
Newly installed utility services, and service revisions which necessitate exterior alterations, shall be underground.
C.
Relationship of buildings and site to adjoining area.
(1)
Site plans proposed for nonresidential uses adjacent to a residential district or residential uses shall be reviewed with regard to the impact of the development on that district or use.
(2)
The Planning Board shall encourage the use of a combination of common materials, landscaping, buffers, screens and visual interruptions in order to create attractive transitions between buildings of different architectural styles.
D.
Landscape, buffering and site treatment. Landscaping shall be in accordance with Article V, § 125-57, and as follows:
(1)
Where possible, natural or existing topographic patterns, which contribute to beauty and character of a development, shall be preserved.
(2)
Grades of walks, parking spaces, terraces, and other paved areas shall provide an inviting appearance.
(3)
Landscaping should dominate the site plan and integrate the various elements of site design, preserving and enhancing the particular identity of the site, including architectural features, scenic vistas and visual corridors and should provide shade, except where it would interfere with solar energy systems or have the potential to interfere with future solar energy systems.
(4)
Unity of design shall be achieved by repetition of certain plant varieties and other materials and by coordination with adjacent developments.
(5)
Plant material shall be selected for interest in its structure, texture, and color, and in consideration of its ultimate growth pattern. Plants shall be used which are indigenous to the area and others that will be hardy, harmonious to the design, and exhibit a good appearance.
(6)
In locations where plants will be susceptible to injury by pedestrian or motor traffic, they shall be protected by appropriate curbs, tree guards, or other devices.
(7)
Parking areas and traffic ways shall be enhanced with landscaped islands, containing trees and tree groupings.
(8)
Screening of service yards, refuse containers, and other places that tend to be unsightly shall be accomplished by use of walls, fencing, planting, or combinations of these, with all such enclosures being compatible in material, texture and color with the principal building or buildings on the site.
(9)
Landscaping shall be designed and maintained so as not to create hazardous conditions.
E.
Lighting.
(2)
The number of light standards and the intensity of lighting shall be the minimum necessary to illuminate the location for safety, without glare or light spillage to adjoining properties.
(3)
Lighting standards shall be appropriate to the design of the structures and shall not exceed 15 feet in height.
F.
Building design.
(1)
Building design shall make appropriate recognition of compatible building forms indigenous to the community and, in particular, of the historic character of the Village of Rhinebeck and Hamlet of Rhinecliff and Town of Rhinebeck.
(2)
Materials shall have good architectural character and shall be selected for harmony with traditional building materials. Except when wholly impractical, natural materials shall be used.
(3)
Building components such as windows, rooflines, doors, eaves and parapets shall have well-designed proportions and relationships to one another and be compatible with the historic character of the Village of Rhinebeck and Hamlet of Rhinecliff and Town of Rhinebeck.
(4)
Mechanical equipment such as air conditioners and satellite dishes, or other utility hardware located on roofs, the ground, or buildings, shall be screened from public view with materials harmonious with the building, specified as to color so as to blend with its surroundings, or located so it is not visible from any public or private road, public lands, recreation area, or privately conserved lands.
G.
Signs.
(2)
Every sign shall be designed as an integral architectural element of the building and site to which it principally relates.
(3)
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.
(4)
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.
H.
Ecological considerations.
(1)
The proposal shall result in minimal degradation of unique or irreplaceable land types and in minimal adverse impact upon areas of environmental concern as determined by the Planning Board or as identified by other involved or interested agencies during the SEQRA review process.
[Amended 7-25-2016 by L.L. No. 5-2016]
(2)
The proposal shall conform with the existing geological and topographic features, to the end that the most appropriate use of land is encouraged.
I.
Drainage. The proposed development shall be so designed as to provide for proper stormwater management, as required by Article V, § 125-60, through a system of controlled drainage that preserves existing drainage patterns and protects other properties. All drainage plans shall be reviewed and approved by the Town Engineer.
J.
Motor vehicle and bicycle traffic.
(1)
All entrance and exit driveways shall be located with due consideration for traffic flow, including both vehicles and bicycles, so as to afford maximum safety to traffic on public streets and meet all current design standards of the appropriate state, county or Town authority, unless specifically waived or modified by that authority.
(2)
On-site circulation shall be designed for ease of use and to connect safely with adjoining properties where appropriate, including consistency with the Town Comprehensive Plan.
K.
Pedestrian circulation.
(1)
Pedestrian circulation shall be separated from motor vehicle circulation. Appropriate walkways shall be provided on the site and its approaches as well as to adjoining properties if feasible. Potential trail opportunities identified in the Town Comprehensive Plan shall be considered.
(2)
Landscaped, paved, and comfortably graded pedestrian walks shall be provided along the lines of the most intense use, particularly from building entrances to streets, parking areas, and adjacent buildings.
(3)
For any use to which the public is expected to visit, the plan shall make proper provision for buildings and site developments that are accessible to, and functional, for physically disabled persons, by provision of walks and ramps of suitable width and grade, curb cuts, identified wide parking spaces, and ground-level building entrances as required in the New York State Uniform Fire Prevention and Building Code and other applicable state and federal laws.
[1]
Editor's Note: Appendix A is on file in the Town offices.
§ 125-77 Planning Board review of site plan.
[Amended 3-12-2012 by L.L. No. 1-2012]
The Planning Board's review of a site plan shall include, to the extent deemed appropriate by the Planning Board, the following considerations:
A.
Whether the applicant has applied the site plan review criteria set forth in this chapter, the Design Standards, Greenway Connections Guides, and other adopted design guidelines referenced herein to the intended project to the extent deemed reasonable and practicable by the Planning Board.
B.
Whether the applicant has suitably addressed the technical criteria, including but not limited to the following:
(1)
Adequacy and arrangement of pedestrian access and circulation, walkways, pedestrian amenities, control of intersections with motor vehicle and bicycle traffic, and overall pedestrian convenience.
(2)
Adequacy and arrangement of motor vehicle and bicycle access and circulation, including intersections, road widths, pavement surfaces, dividers, channelization structures, bicycle lanes and other traffic controls.
(3)
Location, arrangement, appearance and sufficiency of off-street parking and loading facilities.
(4)
Location, arrangement, size, design and general site compatibility of principal and accessory buildings, lighting, landscaping and signage.
(5)
Adequacy of stormwater management facilities.
(6)
Adequacy of water supply and sewage disposal facilities.
(7)
Adequacy, type and arrangement of trees, shrubs and other landscaping constituting a visual and/or noise-deterring buffer between the applicant's and adjoining lands, including the maximum retention of existing vegetation.
(8)
In the case of a multifamily dwelling, the adequacy of usable open space of play areas and informal recreation.
(9)
Protection of adjacent or neighboring properties against noise, glare, unsightliness or other objectionable features.
(10)
Adequacy of fire lanes and other emergency zones and water supply for fire emergencies.
(11)
Special attention to the adequacy of structures, roadways and landscaping in areas with susceptibility to ponding, flooding and/or erosion or in the vicinity of wetlands or similar natural features.
(12)
Compatibility of building design with existing characteristics of the neighborhood and community.
(13)
Consistency with the Town of Rhinebeck Comprehensive Plan, Greenway Connections and, if applicable, the Town of Rhinebeck Local Waterfront Revitalization Plan, including identified scenic areas of statewide significance, the Mid-Hudson Historic Shorelands Scenic District Management Plan, the Scenic Roads Handbook, and any other Town-adopted planning document affecting the site.
(14)
Adequacy of the site design in relation to protection of the natural and cultural environment, including consideration of biodiversity conservation, wildlife habitats, sensitive environmental areas, prime farmland soils, and archaeological and historic resources.
(15)
The extent to which the site plan continues the existing setback pattern of surrounding properties.
(16)
In cases where a trail connection is planned or is feasible to link the site to residential areas, schools, greenbelts, existing trails or other public facilities, a trail corridor shall be reserved on the site plan for this purpose to the extent practicable. The Planning Board may require that such reservation, if included on the site plan, to be incorporated as a deed or other legal restriction on the land.
(17)
Compliance of the proposal with New York's SEQRA regulations, including a determination, prior to action on the proposed site plan application, as to whether the action will or will not have a significant impact on the environment.
[Amended 7-25-2016 by L.L. No. 5-2016]
C.
Agency and consultant review. In its review, the Planning Board may consult with the Town Code Enforcement Officer, the Superintendent of Highways, the Conservation Advisory Board, Affordable Housing Committee, Town Historian, other local and county officials and its designated private planning and engineering consultants, in addition to representatives of state agencies, including, but not limited to, the State Department of Transportation, the State Health Department, the Office of Parks, Recreation and Historic Preservation, and the Department of Environmental Conservation.
[Amended 7-25-2016 by L.L. No. 5-2016]
D.
Public hearing and notice. The Planning Board shall, within 62 calendar days of the receipt of the complete application, conduct a public hearing on any such site plan application. The Planning Board, by resolution at a stated meeting, shall fix the place, date, and time of the public hearing. The Planning Board shall provide a copy of this notice of said hearing to the applicant and at which hearing he or she shall appear in person or by agent. The Board shall additionally provide notification as follows. All notices and mailings shall be the responsibility of the applicant, shall be paid for by the applicant, shall be sent and confirmed by the applicant using certified mail, registered mail, delivery confirmation, signature confirmation, or certificate of mailing, and shall be certified to the Planning Board that compliance has timely occurred. Such notices and mailings shall be as follows:
[Amended 7-25-2016 by L.L. No. 5-2016; 3-12-2018 by L.L. No. 2-2018]
(1)
By publishing at least five calendar days prior to the date thereof a legal notice in a newspaper of general circulation in the Town.
(2)
Posting. Notice shall be posted at least five days prior to the date of the hearing as follows:
(3)
By requiring notice of the public hearing and data regarding the substance and location of the site plan application to the owners of all property abutting that held by the applicant and all other owners within 300 feet of the exterior boundaries of the land involved in such application or such additional distance as the Planning Board may deem advisable or as otherwise required by state law. Notice shall be mailed at least 10 calendar days prior to the hearing, with compliance with the notification procedure certified to by the Secretary.
(4)
By providing notice of the public hearing and data regarding the substance and location of the site plan application to all involved agencies under SEQR at least 10 calendar days prior to the hearing.
(5)
If the land involved lies within 500 feet of a farm operation located in a New York State agricultural district, such owners shall be sent, at least 10 calendar days prior to the public hearing, an agricultural data statement on forms supplied by the Town of Rhinebeck and prepared by the applicant.
(6)
If the land involved in the application lies within 500 feet of the boundary of any other municipality, the applicant shall also mail, at least 10 calendar days prior to the public hearing, to the Municipal Clerk of such other municipality or municipalities, a copy of the notice of the substance of every application, together with a copy of the official notice of such public hearing.
(7)
The names and addresses of owners notified shall be taken as such appear on the last completed tax roll of the Town.
(8)
Provided that there has been substantial compliance with these provisions, the failure to give notice in exact conformance herewith shall not be deemed to invalidate an action taken by the Planning Board in connection with granting or denying a site plan application.
E.
Required referral. Prior to the taking action on the site plan and at least 10 days before holding a public hearing on the site plan, the Planning Board shall refer the site plan, when applicable, to the Dutchess County Department of Planning and Development for advisory review and a report in accordance with §§ 239-l and 239-m of the General Municipal Law. No action shall be taken by the Planning Board on such application until an advisory recommendation has been received from said County Department of Planning and Development or 30 days have elapsed since the Department received such full statement. In the event that the Dutchess County Department of Planning and Development recommends disapproval of the proposal or recommends modification thereof within such time period or at a later date prior to final action by the Planning Board, the Planning Board shall not act contrary to such recommendation except by a vote of a majority plus one of all the members after the adoption of a resolution fully setting forth the reasons for such contrary action. Within 30 calendar days after such final action, the Planning Board shall file a report of the final action it has taken with the County Department of Planning and Development. In the matter of any application involving land within the Local Waterfront Revitalization Area, the Planning Board shall also refer the application to the Town’s Waterfront Advisory Committee pursuant to the requirements of Town Code Chapter 118, Waterfront Consistency Review, for a report as to the consistency of the application with coastal policies.
[Amended 7-25-2016 by L.L. No. 5-2016]
F.
Waiver of requirements. The Planning Board may waive any specific requirements set forth in Article VII of this chapter for the approval, approval with modifications or disapproval of a site plan submitted for approval, including the submission requirements for activities deemed by the Planning Board to be minor. The grant of any such waiver shall be accompanied by a written finding that compliance with the requirement is either not requisite in the interest of the public health, safety and general welfare or inappropriate to the particular site plan. The Planning Board may, in granting waivers, incorporate such reasonable conditions as will, in its judgment, substantially secure the objectives of the requirements so waived. No waiver or modification may be deemed approved or granted by implication. All waivers and modifications must be expressly set forth in the findings of the Planning Board.
G.
Conditions on approval. The Planning Board shall have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to a proposed site plan.
§ 125-78 Planning Board action on site plan.
[Amended 3-12-2012 by L.L. No. 1-2012; 7-25-2016 by L.L. No. 5-2016]
Every decision of the Planning Board with respect to an application for site plan approval shall be made within 62 calendar days of the close of the public hearing. The time within which the Planning Board must act on the application may be extended by mutual consent of the Planning Board and applicant. The public hearing may not be closed and the time periods for decisionmaking in this subsection shall not begin to run until the Planning Board or other designated lead agency has either classified the proposed action as a Type II action which further environmental quality review is precluded, accepted a draft environmental impact as complete or adopted a negative declaration under SEQRA. The failure of the Planning Board to render a decision within the time period set forth in this subsection shall not be deemed to be an automatic approval of the application for site plan approval.
A.
Action by resolution.
(1)
The Planning Board shall act by resolution to either approve, approve with modifications, or disapprove the site plan application. A copy of the resolution shall be filed in the Town Clerk's office and mailed to the applicant within five business days of the Planning Board's actions. A resolution of either approval or approval with modifications shall include authorization to the Planning Board Chairman to stamp and sign the site plan upon the applicant's compliance with the submission requirements stated therein. The Planning Board’s resolution shall include findings as pertinent to both the Zoning Law and, when applicable, Town Code Chapter 118, Waterfront Consistency Review.
(2)
If the Planning Board's resolution includes a requirement that modifications be incorporated in the site plan, conformance with said modifications shall be considered a condition of approval. If the site plan is disapproved, the Planning Board's resolution shall state specific reasons for such decision. In such a case, the Planning Board may recommend further study of the site plan and resubmission to the Planning Board after it has been revised or redesigned.
B.
Submission requirements for stamping. After receiving site plan approval, with or without modifications, from the Planning Board, the applicant shall within six calendar months submit a minimum of eight prints, one electronic file, and one reproducible Mylar of the site plan to the Planning Board for stamping and signature by the Chairman. The site plan submitted for stamping shall conform strictly to the site plan approved by the Planning Board, except that it shall further incorporate any revisions or other modifications required by the Planning Board and shall be accompanied by a minimum of four copies of the following additional information:
(1)
Record of application for and approval status of all necessary permits from federal, state and county officials.
(2)
Detailed sizing and final material specification of all required improvements.
(3)
An estimated project construction schedule and, if a performance guarantee is to be provided by the applicant for all or some portion of the work, a detailed site improvements cost estimate.
C.
Effect of stamping by Planning Board.
(1)
The Planning Board Chairman shall not stamp and/or sign any approved site plan until all fees required by this chapter have been paid. Upon stamping and signature by the Chairman, the Planning Board shall forward a copy of the approved site plan to the Code Enforcement Officer and the applicant. The Code Enforcement Officer may then issue a building permit or certificate of occupancy if the project conforms to all other applicable requirements.
(2)
After approval or approval with modifications by the Planning Board, any changes, modifications or alterations from the site plan approved by the Planning Board can only be granted based upon application for an amendment to the approved site plan, except in the instance of a request for, and authorization of, a field change involving a limited modification in the approved site plan in the matter of one or more portions of the work not begun by the applicant and determined by the ZEO following consultation with the Planning Board Chair to both involve neither an increase in either building footprint, other impervious area or other dimensional measure set forth within this chapter nor to raise any other planning or environmental issues. The Zoning Board of Appeals shall not have the power to entertain a variance from the approved site plan after site plan approval is granted.
D.
Expiration of approval.
(1)
Planning Board approval of a site plan shall expire if either of the following circumstances occurs:
(a)
The site plan, accompanied by documentation acceptable to the Planning Board Chairman of the satisfaction of all conditions and/or requirements of the Planning Board’s approval resolution, is not submitted for stamping and signature by the Chairman within six calendar months of the Planning Board’s resolution of site plan approval, with or without modifications.
(b)
A complete application for either a building permit or certificate of occupancy is not submitted to the Code Enforcement Officer within six calendar months of the stamping and signing of the site plan by the Chairman.
(2)
Upon prior written request to the Planning Board, the time period for submission of the site plan for stamping and signature by the Chairman, may be extended for a maximum period of one additional calendar year for a total of 18 months from the date of the Planning Board's resolution of the site plan approval, either through a single extension of one calendar year or the combination of two or more extensions. Upon written request to the Planning Board, the time period for submission of a complete application for a building permit or certificate of occupancy may be extended for a maximum period of six additional calendar months for a total of 12 calendar months from the date of the stamping of the site plan by the Chairman.
§ 125-79 Reimbursable costs.
Reasonable costs incurred by the Planning Board for private consultation fees or other extraordinary expense in connection with the review of a proposed site plan shall be charged to the applicant in accordance with Article XIV.
§ 125-80 Performance guarantee.
No certificate of occupancy shall be issued until all required infrastructure and improvements shown on the site plan are installed or a sufficient performance guarantee has been posted to cover the full cost of all required infrastructures and improvements not yet completed. Such performance guarantee shall be posted in accordance with the procedures specified within §§ 274-a(7) and 277(9) of the New York State Town Law. The amount and sufficiency of such performance guarantee shall be determined by the Planning Board after consultation with the Town Attorney, the Town Engineer, other local officials, or the Planning Board's designated private consultants.
§ 125-81 Inspection of building and site improvements.
[Amended 7-25-2016 by L.L. No. 5-2016]
A.
The Code Enforcement Officer shall be responsible for the inspection of all buildings and accessory structures for which a building permit is required, and the Zoning Enforcement Officer shall be responsible for the overall inspection of all other site improvements, which may include coordination with the designated Town Engineer and other local officials and agencies, as may be appropriate on projects subject to site plan approval. Reasonable expenses incurred by the Town for inspections by the designated Town Engineer or other appropriate professionals shall, in addition to costs associated with site plan review and the fee paid for a certificate of use, be reimbursed to the Town by the applicant in accordance with Article XIV of this chapter and the fee schedule established and annually reviewed by the Town Board.
B.
Prior to the applicant, owner, operator or occupant utilizing the site, such person shall contact the Zoning Enforcement Officer and request a final inspection of the site work for compliance with the approved site plan. Prior to the issuance of a certificate of use, the Zoning Enforcement Officer shall inspect the land and all site improvements for site plan compliance. Prior to the issuance of the certificate of use the applicant shall provide the ZEO with a written notarized statement as to the applicant’s intended use of the land, site, building or structure. Prior to any use of the site and prior to occupancy of any building or land, the applicant shall first obtain the certificate of use from the ZEO, and then obtain the certificate of occupancy or certificate of compliance from the Code Enforcement Officer. Also refer to § 125-110, Certificates of use, of this chapter.
C.
Upon completion of the work governed by the building permit and associated approved site plan and related request for final inspection, there shall be filed with the Code Enforcement Officer and Zoning Enforcement Officer an affidavit of the registered architect or licensed professional engineer who filed the original plans, of the registered architect or licensed professional engineer who supervised the conduct of the work or of the superintendent of construction who supervised the work and who, by reason of his experience, is qualified to superintend the work for which a certificate of occupancy/use is sought. This affidavit shall state that the approved plans of the structure and all related site improvements set forth on the approved site plan for which a certificate of occupancy is sought have been examined and that the structure has been erected and the site improvements installed in accordance with the approved plans and, as erected and installed, comply with all other requirements governing the building construction and site improvements except insofar as variations therefrom have been legally authorized by the Code Enforcement Officer, Zoning Enforcement Officer and/or Planning Board, as applicable. Such variations shall be specified in the affidavit. For all commercial, institutional and multifamily residential projects involving construction of new buildings, substantial additions to existing buildings, and/or installation of major site improvements, completion of the work, whether completed in strict accordance with the approved plans or inclusive of any legally authorized variations, shall be documented through submission of an as-built drawing.
D.
Upon completion of the work governed by the building permit and associated approved site plan and receipt of the request for final inspection, accompanied by the above-cited affidavit and as-built drawing as may be required, the Code Enforcement Officer and Zoning Enforcement Officer shall conduct inspections of the work for which the building permit and related site plan approval were issued. When, after final inspection, it is found that the heretofore proposed work has been completed in accordance with the applications, plans and specifications, and supporting data filed in connection with the issuance of the building permit and the grant of site plan approval, or as these documents may have been legally amended, the Zoning Enforcement Officer may first issue a certificate of use and the Code Enforcement Officer may then issue a certificate of occupancy or compliance. If it is found the proposed work has not been properly completed, either the Code Enforcement Officer or Zoning Enforcement Officer, as applicable to the deficient work, shall order the work completed in conformity with the building permit, the approved site plan and other applicable regulations and requirements governing building construction and the installation of site improvements.
§ 125-82 Integration of procedures.
[Amended 3-12-2012 by L.L. No. 1-2012]
Whenever the particular circumstances of a proposed development require compliance with either another procedure in this chapter, such as special permit review and approval, the requirement of Town Law Subdivision Regulations, or the requirements of the State Environmental Quality Review Act, the Planning Board may integrate, if it deems appropriate, and to the extent of its authority under law, site plan review as required by this section with the procedural and/or submission requirements for such other compliance. Such integration of procedures may require, upon mutual written consent of the Planning Board and the applicant, reasonable modification of the time schedules otherwise stated in this article or in said related regulations or requirements, provided that such integration shall not extend the time limit for the full implementation of the special use activity, for the stamping and signature of the Chairman on the site plan, or for the submission of a completed application for either a building permit or certificate of occupancy beyond the time periods in §§ 125-66J and 125-78D.
§ 125-83 Relief from decisions.
Any person or persons jointly or severally aggrieved by any decision of the Planning Board on a site plan approval application may apply to the Supreme Court of the State of New York for relief through a proceeding under Article 78 of the Civil Practice Law and Rules of the State of New York. Such proceeding shall be governed by the specific provisions of Article 78, except that the action must be initiated as therein provided within 30 calendar days after the filing of the Board's decision in the office of the Town Clerk.