A.
Site plan approval by the Planning Board is required prior to the issuance of all permits in the Village Center and Gateway Business Districts and in the Land Conservation and the Special Sensitivity Overlay Districts and for all special permit uses in all districts. Special permit approval is required for the uses specified in the Allowable Use Groups Chart in § 120-6. The site plan approval process, when applied to a project that does not require a special permit, is focused primarily on whether a particular development site complies with the purposes, principles and performance criteria contained in this chapter. The site plan approval process, when used in conjunction with the special permit process, becomes a significant factor in whether the use in question is appropriate for a particular site.
B.
Any subdivision of more than two lots shall require site plan approval
by the Planning Board prior to, or concurrent with, subdivision approval.
Application for a building permit shall be made to the Zoning Enforcement Officer, in accordance with § 120-59D, prior to the commencement of the demolition, construction, excavation or use of any structure or land. Routine maintenance and repair, such as electrical upgrades and other minor nonstructural changes, may not require site plan approval. If the Zoning Enforcement Officer shall determine, according to the provisions of this chapter, that the applicant will need a special permit with site plan approval, or site plan approval, then he or she shall forward the application to the Planning Board.
A.
Planning Board action.
(1)
Upon receipt of the application, the Planning Board shall notify
the applicant, in writing, of the place, date and time of an initial
workshop meeting with the Planning Board.
(2)
During the initial workshop meeting, the Planning Board will either
accept the application as complete or inform the applicant what is
required for the application to be considered complete.
(3)
If no public hearing is required for site plan approval, the Planning
Board shall approve, approve with modifications or conditions, or
disapprove within 62 days of the date of the meeting at which the
application was considered complete for receipt by the Planning Board.
The Planning Board defines an application as having been received
by the Planning Board as the date of the Planning Board meeting at
which the Planning Board reviewed all of the information provided
by the applicant and voted to accept the application as complete.
(4)
The applicant may request a preliminary informal discussion. Such
discussion would occur prior to the initial workshop meeting. The
purpose of such a discussion would be a conceptual review of a preliminary
application. For such a discussion to be considered, the applicant
would need to submit a brief narrative describing the proposed use,
a vicinity map (as defined below), and a sketch plan (a freehand sketch
showing the proposed use in relation to existing conditions).
(5)
All special permits require a public hearing. The Planning Board
may also require a public hearing for some site plans. In all cases
requiring a public hearing, the Planning Board will schedule such
a hearing within 62 days of the date of the meeting at which the application
was considered complete for receipt by the Planning Board. The Village
shall give public notice of such a hearing by causing publication
of a notice of hearing on the Village website and in the official
newspaper at least five days prior to the hearing date. Such notice
of hearing shall be mailed directly to all those owning land within
200 feet of the property line at least 10 days prior to the hearing
date.
(6)
After a public hearing covering only a site plan, the Planning Board
shall approve, approve with modifications or conditions, or disapprove
within 62 days. A conditional site plan approval shall expire at the
end of 180 days if the conditions have not been satisfied; however,
the Planning Board may consent to an extension of up to another 180
days.
(7)
The decision of the Planning Board shall be filed in the office of
the Village Clerk, and a copy thereof mailed to the applicant.
(8)
After the conclusion of a public hearing for a special permit including
site plan approval, the Planning Board shall grant, deny, or grant
subject to conditions, the special permit within 62 days.
(9)
The conditions for granting a special permit will contain any modification
or conditions to the site that the Planning Board deems necessary
to conform to the criteria established below.
B.
SEQRA compliance; county approval.
(1)
Upon receipt of a complete application, the Planning Board shall
initiate the New York State environmental quality review process by
issuing a determination of significance.
(2)
The Village of Rhinebeck Planning Board shall refer to the Dutchess
County Department of Planning any complete application for site plan
approval or special permit approval affecting real property within
500 feet of the boundary of the Village of Rhinebeck, or the boundary
of any existing or proposed county or state park or other recreation
area, or the boundary or any existing or proposed county or state
roadway, or the boundary of any existing or proposed right-of-way
for a stream or drainage channel owned by the county for which the
county has established channel lines, or the boundary of any existing
or proposed county or state-owned land on which a public building
or institution is situated, pursuant to §§ 239-l and
239-m of the General Municipal Law. Any real property within 500 feet
of a farm operation in an agricultural district also requires review
by the Dutchess County Department of Planning and Development.
(3)
No action shall be taken on applications referred to the County Planning
Agency until its recommendation has been received, or 30 days have
elapsed after its receipt of the complete application, unless both
the county and the Village agree to an extension beyond the thirty-day
limit.
(4)
A recommendation of disapproval from the County Planning Agency can
be overridden by the Rhinebeck Planning Board with a majority plus
one vote of the entire board membership, along with a resolution setting
forth the reasons for such contrary action.
Site plan and special permit approval may require that any or
all of the information listed below be presented in order for the
application to be considered complete by the Planning Board. The Planning
Board is not limited to this list and may request additional information
if it deems it necessary or appropriate. In determining the amount
of information it will require, the Planning Board will consider the
type of use, the location, the size and potential impact of the project.
The applicant shall submit three copies of the information required
by the Planning Board, at least 10 business days prior to the date
of the meeting of the Planning Board. The plans and descriptive information
presented at the meeting shall be sufficient to portray clearly the
intentions of the applicant.
A.
A brief narrative describing the proposed use.
B.
A vicinity map showing the relationship of the proposal to existing
buildings, parking areas, driveways and any other significant features
on surrounding parcels, and community facilities that may affect or
serve it, such as roads, shopping areas, schools, etc. It shall also
show all properties, subdivisions, streets, easements and the zoning
district boundaries within 500 feet of the property.
C.
Site plan, drawn at a scale of 20 feet to the inch (one inch equals
20 feet) or other scale as deemed appropriate by the Zoning Enforcement
Officer.
(1)
The site plan map shall show the location and use of all existing
and proposed structures, including all dimensions of height and floor
area, all exterior entrances, fenestration and all anticipated future
additions and alterations. The site plan map shall include a floor
plan of all levels of existing and proposed structures on the site.
(2)
The locations of all present and proposed public streets, sidewalks,
ramps, curbs, paths, retaining walls, fences and landscaping.
(3)
The locations of all present and proposed off-street parking, parking
for commercial vehicles while loading and unloading, the location
and width of all driveways.
(4)
The location, type and screening details of waste disposal containers
and outdoor storage areas.
(5)
The present or proposed location, type, specifications, screening
and sound attenuation plan for exterior audio devices, HVAC units,
mechanical equipment and generators.
(6)
The location, height, lumens and specifications of all external lighting fixtures and methods to eliminate glare onto adjoining properties. See § 120-18, Lighting. A photometric plan may be required.
(7)
The location, height, size, materials and design of all present and
proposed signage.
(8)
The location of all present and proposed utility systems including
sewage or septic, water supply, telephone, cable, satellite dish,
electric and alternative energy systems.
(9)
The location of the storm drainage system, including present and
proposed drain lines, culverts, catch basins, headwalls, end walls,
hydrants, manholes and drainage swales.
(10)
Plans to prevent the pollution of surface water or groundwater,
erosion, excessive runoff and flooding of other properties both during
and after construction.
(11)
Topographic information about the property, drawn at the same scale as required for site plan under Subsection C above or as the Zoning Enforcement Officer may deem appropriate, showing existing and proposed topography at two-foot-contour intervals; also showing any portion of the lot that lies within the one-hundred-year floodplain, and areas on the property, and within 50 feet of the proposed site, where soil removal or filling is required.
(12)
Landscape information showing all pertinent natural land features
that may influence the design of the proposed use, such as rock outcrops
and single trees of six or more inches in diameter, forest cover,
ponds, lakes, regulated wetlands, watercourses, and floodplains.
(13)
Traffic flow patterns within the site, entrances, exits and
loading and unloading areas, as well as curb cuts on the site and
within 100 feet of the site. The Planning Board may, at its discretion,
require a detailed traffic study for larger projects or for those
in heavy traffic areas, which can include: the projected number of
motor vehicle trips to enter or leave the site, estimated for daily
and peak traffic levels; the projected traffic flow pattern, including
vehicular movements at all major intersections likely to be affected
by the proposed use of the site; the impact of this traffic on existing
abutting public and private ways in relation to exiting road capacities;
and existing and proposed daily peak-hour traffic levels as well as
road capacity levels.
(14)
The locations of all present and proposed off-street parking,
parking for commercial vehicles while loading and unloading, the location
and width of all driveways and accessibility for fire and other emergency
vehicles.
(15)
Description and magnitude of each use within the site, specifying
what each area is to be, such as retail, office, dwellings, etc. Include
the estimated number of residents and/or employees attributable to
each use, occupancy, maximum seating capacity and the number of parking
spaces existing and required for each intended use.
D.
Elevations at an appropriate scale for all exterior facades, showing
design features and indicating the type and color of materials to
be used.
E.
State Environmental Quality Review Act (SEQRA) submission consisting
of either a short environmental assessment form (EAF), a full EAF
and/or a draft environmental impact statement (DEIS), as determined
by the Planning Board.
A.
Process. The Planning Board shall not issue a special permit unless
it makes a recorded finding, based upon the facts of the application,
that the proposed use, if conducted pursuant to the following criteria,
will satisfy the standards set forth herein. The Planning Board may
impose conditions and/or require modifications to the project. Such
conditions must relate to the impact of the project. If the Planning
Board does not make such a finding, it shall deny the special permit.
In issuance of such denial, the record of the Planning Board must
address the standards outlined below and include the facts and reasons
upon which such denial was based. Special permits may be authorized
by the Planning Board only upon satisfaction of the following standards
and conditions:
(1)
Compatibility of the proposed use with adjoining properties, with
the standards and principles of the district, with the natural and
built environment and with the purposes set forth in this chapter.
(2)
Compatibility with the established architectural character and use
of the structure or structures and the historic context of the site
and in the surrounding area.
(3)
Adequacy of parking for the proposed use, and its accessibility to
fire, police and emergency vehicles.
(4)
Determination that the proposed use will have no greater overall
impact on the site and its surroundings than would full development
of uses of the property permitted by right, considering environmental,
social and economic impacts of traffic, noise, dust, odors, release
of harmful substances, solid waste disposal, glare or any other nuisances.
(5)
Restrictions and/or conditions on design of structures or operation
of the use (including hours of operation) necessary either to ensure
compatibility with the surrounding uses or to protect the natural
or scenic resources of the Village.
(6)
Consistency of the location of the proposed use with the goal of
creating a healthy mix of uses that enhances the commercial viability
of the Village of Rhinebeck.
(7)
Consistency with the principles established in the Village Center,
Residential, Medical and Professional, Fairgrounds and Gateway Business
sections of this chapter.
(8)
Consistency with the requirements for site plan approval established
above.
(9)
Compatibility with generally accepted planning standards utilized
by the Village of Rhinebeck.
B.
Scope, Expiration, revocation and enforcement.
(1)
A special permit shall authorize only the particular special use
or uses permitted.
(2)
Special permits will expire 18 months after approval if the applicant
fails to obtain a building permit or fails to comply with the conditions
of the special permit, unless other provisions are set forth by the
Planning Board in connection with its approval.
(3)
A special permit will expire if the special use or uses shall cease
for more than 18 consecutive months for any reason.
(4)
A special permit may be revoked by the Board of Appeals if the conditions
of the special permit are violated.
(5)
Any violation of the conditions of a special permit or a violation
of any applicable performance criteria from this chapter shall be
subject to enforcement action as provided herein.
A.
In acting on any proposed site plan, the Planning Board shall take
into consideration:
(1)
Consistency with the Village Master Plan.
(2)
Consistency with the Village Center, Medical and Professional, Gateway
Business, Fairgrounds and Residential principles established in those
respective sections.
(3)
Compatibility with the general historic and/or architectural character
of the structures in the area.
(4)
The location of main and accessory buildings and of their relation
to one another on the proposed site; traffic circulation within the
site; height and bulk of buildings; provision of off-street parking
space; provision of buffer areas and other open spaces on the site;
the display of signs; provision that the project will improve and
promote pedestrian circulation and will harmoniously fit into the
adjoining street system and with contiguous land, buildings and neighborhoods.
(5)
Any engineering aspects of a proposed site plan. This may require
review by professional consultants appointed by the Village, with
the cost borne by the applicant.
B.
Scope, expiration, revocation and enforcement.
(1)
Site plan approval shall authorize only the particular lot layout
or configuration depicted on the approved site plan.
(2)
Site plan approval will expire 18 months after approval if the applicant
fails to obtain a building permit or fails to comply with the conditions
of the approval, unless other provisions are set forth by the Planning
Board in connection with its approval.
(3)
Site plan approval may be discontinued by the Board of Appeals if
the conditions of the approval are not being upheld.
(4)
Any violation of the conditions of the site plan approval or a violation
of any applicable performance criteria from within this chapter shall
be subject to enforcement action as provided herein.
