Rhinebeck, Village |
Code of Ordinances |
Part II. General Legislation |
Chapter 120. Zoning |
Article IV. Residential District |
§ 120-32. Alternate-care housing (ACH).
Latest version.
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The permitting of alternate-care housing community residences, family-care homes, domiciliary-care facilities or residence schools for the developmentally disabled in the Residential Districts and Medical and Professional. District by special permit shall be in accordance with the intent, objectives and standards as follows:A.Intent. The intent is to make alternate-care housing possible for those persons who are unable to live independently at a particular time; also, to assist New York State institutions for the mentally disabled in the deinstitutionalization process through the utilization of alternate-care housing without altering the character of each neighborhood of the Village of Rhinebeck.B.Objectives:(1)A well-balanced population through the utilization of a controlled growth approach.(2)An acceptance of integration of alternate-care housing residence into the community without creating a negative environment for the residents of the alternate-care facility, as well as the residents of the community.(3)Harmony with the objectives of the Master Plan.C.Project description. In addition to site plan approval, the Planning Board shall request that a community impact statement be submitted by the applicant. The statement shall include the following information:(1)Specific classification of the residence and the name of the regulatory agency or agencies.(2)The person, agency or institution responsible for the financial support of the residents.(3)Copies of all correspondence between the applicant and the regulatory agencies.(4)Classification and description of residents to be housed.(5)Current and projected number of residents.(6)A statement as to whether residents will need employment.(7)A description of the plan to integrate the residents into the community.(8)The number of staff employees residing on the lot.(9)The number of nonresident staff employees.(10)A statement of community services required, including water, utilities, sewerage and community hall.(11)A transportation plan.(12)A recreation plan, describing planned active and passive activities providing pleasant occupations, amusement and diversions.(13)The age of the prospective residents and whether any will become the responsibility of the Rhinebeck Central School.(14)A vicinity map: Indicate all other health-related and alternate-care facilities within a radius of one mile of this facility.(15)A description of a five-year operating plan as it pertains to the previously mentioned items.D.Standards.(1)The community environment standards reported in a statement of principle by the State Department of Mental Hygiene and the State Board of Social Welfare states that: "A concentration of residences in a single neighborhood would be detrimental not only to the community but to the clients of the facility as well." To avoid a negative impact on the neighborhood as well as on the residents of alternate-care housing:(a)The approval shall be limited to one facility per block face.(b)No two facilities shall be within a radius of 1,320 feet of each other.(c)An ACH dwelling shall have no more than six unrelated people per lot.(d)An alternate-care facility housing more than six ACH residents shall require a site of not less than one acre, and the total population for ACH lots of any size, including residents and staff employees, shall not exceed 10 persons per acre.(e)No facility shall be approved if at the time of application the number of ACH residents within the Village exceeds 2% of the Village population.(f)The facility shall conform to and be in harmony with the overall character and appearance of the surrounding neighborhood.(2)New and existing structures shall be constructed, altered and renovated in accordance with the New York State Uniform Fire Prevention and Building Code and shall be subject to Health and Fire Department regulations and approvals.(3)Alternate-care facilities shall not erect any sign that identifies or advertises the use or occupancy of the home.(4)Planning Board approval is subject to the licensing procedures of the county and State Department of Mental Hygiene, Department of Social Welfare, and the Board of Social Welfare. A certificate of occupancy shall not be issued by the Zoning Enforcement Officer until a license is granted and a copy presented to the Planning Board.(5)Regular conformance review of each alternate-care facility granted a special permit shall be performed once every year upon the anniversary date of the facility's original permit. This review will be done by the Planning Board.(6)Any change to the current status shall require a new special permit application to the Planning Board.