An accessory dwelling unit is permitted in any district in which
single-family residences are permitted, or by special use permit,
in accordance with the Table of Uses, subject to obtaining site plan
approval by the Planning Board and compliance with the following conditions:
A.
Separate access to the accessory dwelling unit shall be required,
preferably on the side or rear.
B.
The accessory dwelling unit shall consist of not more than two bedrooms,
one full bath and appropriate kitchen, living and dining areas.
C.
All dwelling units including accessory units must conform to the
New York State Uniform Fire Prevention and Building Code, have current
septic approval from the County Department of Health, meet required
setback regulations, and meet current egress and second-floor window
safety requirements.
D.
Accessory dwelling units in an accessory structure must conform to the dimensional requirements of § 232-8 and the Density Control Schedule of this chapter.[1]
[1]
Editor's Note: The Density Control Schedule is included as an attachment to this chapter.
A.
No slaughterhouse facility shall be allowed unless pursuant to § 232-16.11 (Slaughterhouse, poultry or rabbit processing facility).
B.
Agricultural uses and public stables that exist expressly for the disposal of offal and agricultural uses that exist expressly for garbage disposal shall not be permitted unless pursuant to § 232-16.11 or unless said use is a garbage disposal area operated by the Town of Copake or a group of towns including the Town of Copake and/or Columbia County.
C.
The processing and storage of agricultural products, including packing, warehousing and storing, is permitted, except that slaughterhouses shall be subject to all provisions of § 232-16.11 (Slaughterhouse, poultry or rabbit processing facility) and no other rendering, fertilizer plants and canneries shall be allowed.
D.
The unenclosed storage of manure or areas for storage of dead fowl
or other odor- or dust-producing substance or use shall not be permitted
within 200 feet of a property line or right-of-way, except that the
storage of manure shall be excepted from this restriction in any certified
New York State Agricultural Districts so long as such manure storage
is not within 100 feet of a watercourse or body of water. The spreading
of manure or fertilizer shall not take place within 100 feet of a
watercourse or body of water.
E.
All agricultural buildings if converted from agriculture to any other
permitted use shall require review pursuant to the Schedule of Use
table[1] of this zoning law and shall comply with all building
code requirements.
[1]
Editor's Note: The Table of Use Regulations is included as an attachment to this chapter.
F.
Buildings for the housing of fowl or farm animals, including horse
stables outside of the New York State Agricultural District shall
not be located in the required front yard or within 200 feet of a
property line or public street right-of-way.
G.
A public stable or riding academy may not be established on a lot
smaller than seven acres.
H.
Agricultural data statement. Any application for a special use permit,
site plan approval, use variance, or subdivision approval requiring
municipal review and approval by the Planning Board, Zoning Board
of Appeals or Town Board that would occur on property within an agricultural
district containing a farm operation or on property with boundaries
within 500 feet of a farm operation located in an agricultural district
shall include an agricultural data statement for review and notice
in accordance with § 305-b of the NYS Agriculture and Markets
Law. The cost of mailing said notice shall be borne by the applicant.
I.
Multiple farm businesses on farm. Agricultural operations located
within a certified New York State Agricultural District shall be allowed
to have multiple farm-related businesses including but not limited
to processing and direct sales on the premises provided all such businesses
are related to the primary agricultural operation. All farm-related
businesses shall meet all other requirements of this zoning law.
[Added 11-10-2022 by L.L. No. 4-2022]
A.
The hours of operation of a cannabis dispensary during which the
establishment may be open to the public and retail sales may be carried
out shall be limited to the hours between 9:00 a.m. and 9:00 p.m.
Burial or memorial plots or buildings shall not be closer than
20 feet to any property line and shall be adequately screened from
adjacent residential property. Plots shall not be closer than 100
feet to any water well.
A golf driving range shall be so laid out that there will be
no danger to surrounding properties or to traffic on any street and
shall be suitably fenced to protect people and property.
A.
Minor home occupations do not need review and approval by the Planning
Board but shall be registered with the Zoning Enforcement Officer.
B.
Major home occupations shall receive site plan approval by the Planning
Board prior to initiation of business activities. To be approved,
major home occupations must comply with all of the applicable following
criteria:
(1)
No offensive noise, vibration, dust or odor, heat or glare shall
be produced by the home occupation activity.
(2)
One unanimated, nonilluminated sign of not more than two square
feet shall be allowed for major home occupations. There shall be no
other exterior evidence of the home occupation.
(3)
Business operation hours, lighting and signage shall not adversely
affect adjacent properties.
(4)
Adequate parking must be provided. At a minimum, there shall
be two spaces for the residential use, plus one additional space,
located to the side or rear of the residence, for each 500 square
feet of floor space of the home occupation.
C.
Major home occupations in the Hamlet (H) district are also required
to obtain a special use permit.
A.
For farm use. Up to three manufactured homes may be permitted as
an accessory use to a farm, subject to Planning Board approval, provided
that:
(1)
The manufactured home(s) are not occupied by the owner of the
farm or are not the principal dwelling on that farm.
(2)
Such manufactured home(s) shall be used only for the housing
of a farm worker (and such worker's immediate family) employed full-time
in agricultural activity on the farm where the manufactured home is
located.
(3)
Placement of such manufactured home(s) shall occur only if the
requirements of the Density Control Schedule of this chapter can be
met.[1]
[1]
Editor's Note: The Density Control Schedule is included as an attachment to this chapter.
(4)
It shall be certified by the Columbia County Health Department
that water and sewage disposal for the manufactured home(s) are in
compliance with the New York State standards.
(5)
The manufactured home(s) shall be screened or buffered from
any abutting property or the public view.
(6)
An annual statement is made in writing to the Zoning Enforcement
Officer by the owner of the farm, that the manufactured home(s) is
occupied by an employee engaged in full-time agricultural activity
on the farm where the manufactured home is located.
(a)
This annual statement shall be submitted on or before a date
specified by the Zoning Enforcement Officer.
(b)
The Zoning Enforcement Officer will renew or revoke its approval
of the manufactured home(s) within 45 days of the submission of the
annual statement.
(c)
If the owner of the farm fails to submit the annual statement
in a timely manner, or if the Zoning Enforcement Officer determines
that the conditions of this section are no longer complied with, such
manufactured home(s) shall be removed from the farm.
(7)
If such manufactured home(s) becomes vacated by an employee
and remains vacant for a period of one year, the manufactured home
shall be removed from the farm.
B.
As temporary residence. An individual manufactured home or recreational
vehicle may be permitted as an accessory use by the owner for a period
of three months. One two-month extension may be granted by the Zoning
Enforcement Officer.
C.
Except as permitted under § 232-16.6B, recreational vehicles are permitted in campgrounds only. Nothing in this chapter shall prohibit the storing or parking of an unoccupied recreational vehicle or the temporary parking, not to exceed three months, of an unoccupied manufactured home on any residential lot; provided, however, that such recreational vehicle or manufactured home must be located in the rear yard and shall not be located closer to the side lot line than the required side yard for the district in which located.
D.
Notwithstanding any provision of this chapter, the owner and/or lessee
of property within the Town of Copake upon which a permitted manufactured
home was situated and existed on July 15, 2018, shall retain such
rights and prerequisites pertaining thereto, in the same manner as
any other dwelling, including the right to substitute another manufactured
home in the place of the manufactured home situated and established
on said property. Furthermore, notwithstanding any provision of this
chapter, a manufactured home may be placed on any lot for a period
not to exceed one year, as of right in the event of major destruction
of a house situated on such lot, or, in the event of other unusual
hardship, upon obtaining a special use permit from the Zoning Board
of Appeals, which permit shall have a duration of one year. In either
case, one extension, not to exceed six additional months, may be granted
at the discretion of the Zoning Enforcement Officer.
A.
For nonfarm residential uses, a single NCWT and its tower may be
allowed on a single parcel of property. When NCWTs are proposed for
use as part of a farm operation, multiple NCWTs and their towers shall
be allowed provided the following criteria are met:
(1)
That each on-farm NCWT shall meets all standards and requirements
set forth in this law.
(2)
That the aggregate effect of multiple NCWTs on noise, visual
disruption, electromagnetic interference, stray voltage, and other
adverse environmental effects meets all standards and requirements
of this law for a single NCWT unit.
(3)
That when electrical output from an NCWT used for farm operation
consistently results in net-metering of more than 110% of need, then
in that case no additional NCWTs may be installed on that property.
B.
Wind turbine tower height. The maximum wind turbine tower height
shall be 150 feet. The minimum distance between the end of the rotor
blades and ground surface shall be 30 feet from the ground.
C.
Guy wires. Anchor points for any guy wires for a wind turbine tower
shall be located within the property upon which the NCWT is located
and not on or across any aboveground transmission or distribution
lines.
D.
Over-speed controls. All NCWTs shall be equipped with automatic over-speed
controls. Conformance of rotor and over-speed control design and fabrication
with good engineering practices shall be certified by the manufacturer.
E.
Setback. All wind turbine towers shall be set back from all adjoining
property lines not owned by the applicant, and from all utility lines
and rights of way, a minimum distance of 125% of the wind power tower
height. The Planning Board may accept a setback agreement between
the NCWT owner and the owner of adjoining property, and between the
NCWT owner and those with rights-of-way and easements on or through
the NCWT owner's property, for a setback less than the above requirement
provided that such agreement acknowledges the applicable requirements
of this law and constitutes an easement that shall be recorded with
the Columbia County Clerk to apprise any potential purchaser or subsequent
owner of said adjoining property about the agreement. Any change to
the minimum setback shall be approved by the Town of Copake Zoning
Board of Appeals through an area variance.
F.
Noise. The maximum noise level generated by an NCWT shall not exceed
40 dBA as measured at all adjoining property lines or rights-of-way.
(1)
If there are prominent impulsive, amplitude-modulated low-frequency
or tonal components to the sound generated by the NCWT, there will
be an additional 5dB penalty; therefore, the measurement would then
be 35 dBA (LA90) maximum. If there should be a difference between
the dBA (LA90) and dBC (LC90) measurements of 20 dB or greater, the
five-decibel penalty will also be applied so that the noise level
shall be no more than 35 dBA (LA90) as measured at all adjoining property
lines.
(2)
The Planning Board may, at the applicant's expense, retain a
certified acoustic consultant of its choice to evaluate the potential
noise impacts and mitigation measures for the proposed NCWT and to
advise the Planning Board.
(3)
Any evaluation of actual or potential noise impacts must include
at least four points of information:
(a)
A survey or estimate of the existing ambient background noise
levels, with background sound pressure levels measured for the specific
wind conditions under which the turbine will be operating including
levels for the lowest, highest, and average wind speed conditions;
(b)
A measurement or prediction of acoustic power noise levels to
be radiated from the turbine proposed for the site;
(c)
Identification of a model for sound propagation, including one
that assumes all directions are downwind at some time; and
(d)
Comparison of calculated sound pressure levels from the proposed
wind turbine with background sound pressure levels at the turbine
site and at all adjoining property lines and rights-of-way.
G.
Visual disruption:
(1)
The NCWT and its tower and blades shall be painted a nonreflective,
unobtrusive color that blends all components into the surrounding
landscape and sky to the greatest extent possible, and shall incorporate
nonreflective surfaces to minimize glare and all other visual disruption.
(2)
No lighting shall be allowed on the wind power tower at a height
greater than 12 feet above grade, except to comply with Federal Aviation
Administration requirements.
(3)
No advertising or commercial logos or insignias, except the
manufacturer's nameplate, shall be permitted on the NCWT or tower.
(4)
No flags or banners shall be placed on the NCWT or tower.
(5)
The siting of NCWT and tower within a parcel and relative to
adjacent properties should minimally impact the viewscape of habitable
structures located on adjacent properties and the viewscape from public
thoroughfares within a radius of one mile.
(6)
All electrical transmission lines associated with the wind power
project shall be installed underground in accordance with National
Electrical Code Standards except for connections to a public utility
company's transmission poles, towers, and lines. The Town may modify
this standard if the project terrain is unsuitable due to environmental
or ecological constraints.
H.
Compliance with Building Code of New York State. A building permit
shall be required prior to construction. Wind power facilities shall
conform to applicable industry standards. Applicants shall submit
certificates of design compliance that equipment manufacturers have
obtained from Underwriters Laboratories or an equivalent third party.
A professional engineer shall certify, as part of the building permit
application, that the foundation and tower design of the wind power
facilities are within accepted professional standards, given local
soil and climate conditions. All tower structures shall be designed
and constructed to be in compliance with pertinent provisions of the
New York State Uniform Building and Fire Prevention Code.
I.
Compliance with other regulatory agencies. All NCWTs shall comply
with all laws and regulations, including any installation approvals,
established by Columbia County, New York State, and the federal government,
including their regulatory agencies (e.g., FAA).
J.
Electrical utility notice. No NCWT shall be installed until evidence
has been presented to the Planning Board that the servicing utility
company has been informed of the applicant's intent to install an
interconnected, customer-owned NCWT. Off-grid NCWTs shall be exempt
from this requirement.
K.
Electromagnetic interference and stray voltage. The NCWT shall be
operated such that no disruptive electromagnetic interference or stray
voltage is caused. The NWFP shall not interfere with microwave, cellular,
or television/radio transmission/reception on adjacent or nearby properties.
If harmful interference is caused, the NCWT owner shall promptly mitigate
the harmful disruption or damage, or cease operation of the NCWT.
L.
Abandonment of use. An NCWT that is not in use converting wind energy
into electrical energy for on-site consumption for 12 successive months
may be deemed abandoned by the Building Inspector, Code Enforcement
Officer, or Zoning Enforcement Officer. Upon receipt of a notice of
abandonment issued by such officer, the NCWT owner shall have 30 days
to provide credible evidence to the issuing officer that use of the
NCWT has not been abandoned. If the issuing officer finds that credible
evidence has not been presented, the NCWT owner shall have 12 months
from the date of the finding to restore the NCWT to operation. If
the NCWT remains not in use at the conclusion of that twelve-month
period, the Town shall have authority to revoke the special use permit,
and if the owner does not dismantle the NCWT and tower within a period
stated in the revocation notice, to enter the owner's property and
cause the NCWT and tower to be dismantled at the owner's expense.
As a condition of special use permit and site plan approval, the owner
shall agree to these provisions.
M.
Resale of the NCWT. There shall be no resale of the NCWT and tower
for use in the approved location except as part of the conveyance
of the parcel on which it is located.
N.
Discontinuation of approval. Any NCWT that has not begun to be constructed
within one year of the date on which the building permit was issued
shall apply to the Planning Board for an extension of approval. Upon
issuance of an extension, any building permit received shall also
be extended.
O.
Decision criteria and guidance. The Zoning Board of Appeals shall
issue a special use permit only if the proposed NCWT and tower and
their location meet all of the standards and requirements set forth
in this section, and where applicable, subject to the review of the
project pursuant to the New York State Environmental Quality Review
Act (SEQRA) and any conditions placed on the project by that review.
Failure to meet any such standard or requirement, or failure to adequately
mitigate potential impacts, shall be sufficient for denial of the
special use permit. The Planning Board may impose reasonable conditions
to avoid or mitigate potential impacts.
P.
Application materials and process. The objective of the application
is to have all pertinent information collected and available for review
by the Zoning Board of Appeals, Planning Board and any interested
parties as part of the special use permit and site plan review process.
In addition to the standards and requirements of site plan and special
use permits, the following shall be submitted as part of an application:
(1)
Name, mailing address, and telephone number of the applicant
and property owner. If the applicant is not the property owner, the
application shall include authorization from the property owner for
the applicant to act in his behalf.
(2)
Address and location of the property on which the proposed NCWT
will be located, including tax map section, block, and lot number.
(3)
A description of the wind power project, including:
(a)
The make, model, manufacturer's specifications, generating capacity,
noise decibel data in dBA and dBC with the methods used to determine
these measurements, and photograph of each proposed NCWT and wind
power tower;
(b)
The maximum wind power tower height, length of rotor blades,
number of rotor blades, and minimum height above ground of the end
of the rotor blades;
(c)
The structure(s) for which the NWFP will provide electrical
power and the actual or anticipated electrical needs of those structures
as documented by utility bills for the 12 months preceding application,
or an architect's estimate, or similar facts;
(d)
The total number of NCWTs and towers to be installed;
(e)
The size of the lot on which the NWFP(s) and towers will be
installed, the zoning designation of the site and adjacent properties,
and whether that site is within a New York State Agricultural District;
(f)
A sketch plan in sufficient detail to illustrate the property
lines, size of lot, and location of the proposed NWFP(s) and tower(s)
including guy wires and anchors, if any; location of other existing
structures and uses on the lot; distance between the proposed NCWT(s)
and other structures and uses on the lot; elevation of the proposed
NCWT(s); location of electrical transmission lines if present or proposed
and the distance from the NCWT(s) to those lines; access routes to
the proposed NCWT(s); distance from the NCWT to property lines; and
setback distance equal to the wind power tower height drawn in circles
on the plot plan with each proposed NCWT at the center;
(g)
An environmental assessment form (EAF) and visual EAF addendum
must be submitted in accordance with SEQR 6 NYCRR Part 617. The Planning
Board may require the long form EAF if it believes the additional
information is necessary given the specifics of the application and
proposed location. NCWTs proposed for use on farm operations shall
be considered a Type II action and therefore are exempt from SEQRA
provisions;
(h)
Names and addresses of owners of all abutting properties and
of all properties located within 500 feet of the lot upon which the
NCWT(s) will be located; and
(i)
For NCWTs proposed for nonfarm use, an agricultural data statement
is required if the proposed NCWT will be located within an agricultural
district containing a farm operation or on a property with boundaries
within 500 feet of a farm operation located in a New York State Agricultural
District.
Q.
The wind power project application shall include all proposed phases
of installation and operation. Special use permit approval shall be
based on the total planned project in order to assess all potential
project impacts. The Planning Board shall consider project applications
incomplete where there is reason to believe the application applies
to only a segment of the total project. In such situations, the Planning
Board shall return the application to the applicant with a letter
stating the basis for its determination.
R.
The Planning Board may require a visual assessment that includes,
but is not limited to, a balloon test and visual simulations of the
NCWT and tower from specified vantage points, and shall conduct a
site visit, to assess the visual impacts of the proposed NCWT and
tower.
S.
The Planning Board may obtain advisory opinions about the wind power
project application from Town, Columbia County, New York State, and
federal officials, agencies, and designated consultants including
but not limited to acoustic, visual impact consultant, planner, counsel
and any other expert reasonably required by the Planning Board.
A.
Up to two sleeping rooms in a one-family dwelling may be rented to
transient lodgers, for compensation, as an accessory use, provided
that the resident is in concurrent occupancy.
B.
A one-family dwelling, or a part thereof, may be used, offered, or
made available for transient lodging, for compensation, for up to
92 days in a calendar year as an accessory use.
A.
Permit required.
(1)
Site plan approval and a building permit are required prior
to the installation of a new OWB or replacement of an existing OWB.
(2)
No person or legal entity shall cause, allow, install, establish,
construct, maintain, operate, replace or use an outdoor wood boiler
within the Town of Copake, unless the OWB is in compliance with the
applicable provisions of this section and any conditions which may
be included in the approval granted by the Planning Board and/or the
building permit from the Town Building Department.
B.
Permit approval process.
(1)
In reviewing an outdoor wood boiler, the Planning Board may
approve, approve with modifications or conditions, or disapprove an
outdoor wood boiler. The Board may impose such reasonable restrictions
to protect the health, safety and general welfare of the Town as a
condition of approval.
(2)
A permit application shall include:
(a)
Site plan with OWB location drawn at a scale of one inch equals
20 feet with the following information shown.
(b)
The legal boundaries of the lot to be served.
(c)
The location of all dwelling(s) and building(s) existing and
proposed on the lot to be served by the outdoor wood boiler and identification
of those to be served by the boiler.
(d)
The locations of all known easements and rights-of-way on the
lot to be served.
(e)
The location of all components of the outdoor wood boiler, including
underground electric lines, fluid lines or ductwork.
(f)
The proposed wood burner stack height.
(g)
The location of all roads, passways and rights-of-way within
100 feet of the proposed outdoor wood boiler.
(h)
The location of all dwelling(s) and building(s) existing within
300 feet of the proposed outdoor wood boiler, whether or not on the
lot to be served by the outdoor wood burning boiler.
(i)
Identification of the prevailing wind direction.
(3)
The manufacturer's owner's manual and installation instructions.
(4)
Any other information that the Board requests that will help
the Board reach a decision and establish appropriate conditions.
(5)
Fees for permits as set by the Town Board.
C.
Approval criteria and general standards.
(1)
All OWBs shall:
(a)
Be installed, operated and maintained in conformance with the
manufacturer's instructions and the requirements of this Code. In
the event of a conflict, the requirements of this Code shall apply
unless the manufacturer's instruction are stricter, in which case
the manufacturer's instructions shall apply.
(b)
Be laboratory tested and listed to appropriate safety standards
such as Underwriters Laboratory (UL), American National Standards
Institute (ANSI) or the Canadian Standards Association (CAN/CSA).
(c)
Meet the EPA's Phase 2 (white hang tag or latest established
phase) Program standards for air emissions.
(d)
Be equipped with a properly functioning spark arrester unless
the use of a spark arrester is contrary to the outdoor wood boiler
manufacturer's standard, written instructions or recommendations.
(3)
Chimney (stack) height for OWBs. Chimney height must be at least
12 feet above the ground level. If the OWB is covered or enclosed
the chimney height must also be at least two feet above the roof of
the enclosing structure but in no case less than 12 feet above the
ground level or per the manufacturer's specifications.
(4)
Fuel for any new or preexisting OWB.
(b)
Prohibited fuel.
[1]
Any wood that does not meet the definition of wood
fuel;
[2]
Refuse;
[3]
Plastics (including but not limited to nylon, PVC,
ABS, polystyrene or urethane, foam and synthetic fabrics, plastic
films and plastic containers);
[4]
Gasoline or waste petroleum products;
[5]
Rubber;
[6]
Naphtha;
[7]
Material treated with petroleum products (particle
board, railroad ties and pressure-treated wood);
[8]
Wood that has been painted, varnished or coated
with similar material and/or has been pressure treated with preservatives
and contains resins or glues as in plywood or other composite wood
products;
[9]
Industrial waste;
[10]
Toxic chemicals;
[11]
Contaminated waste;
[12]
Newspaper, cardboard, or any paper with ink or
dye products and wastepaper;
[13]
Animal waste;
[14]
Food packaging;
[15]
Paints and paint solvents;
[16]
Coal; and
[17]
Any other material prohibited for combustion by
state or federal statute.
(5)
Emissions. In no event shall the emissions of the outdoor wood
boiler exceed any mandatory emissions standard promulgated by any
agency, division, department or office of the federal or New York
State government and emissions shall not reasonably interfere with
the public health, safety, and welfare of residents nor prevent same
residents from reasonable enjoyment of their life and property.
D.
Permit suspension.
(1)
A permit issued pursuant to this section may be suspended by
the Building Inspector or Code Enforcement Officer if he/she finds
that such a suspension is necessary to protect the public health,
safety and welfare of the residents of the Town of Copake. Violation
of any provision of this section may be cause for a permit suspension.
(2)
Notwithstanding the other enforcement provisions of this chapter,
the Building Inspector may suspend an OWB permit if, in the Building
Inspector's opinion, the OWB has been installed or is being operated
in a manner that is not in accordance with the manufacturer's specifications
and the applicable provisions of this Code; he may suspend the permit
until such time he is satisfied that all necessary corrective action(s)
have been taken by the permit holder.
(3)
A suspended permit may be reinstated once the condition which
resulted in suspension is remedied and reasonable assurances are received
that such condition will not recur. Recurrence of a condition which
has previously resulted in suspension of a permit shall be considered
a violation subject to the enforcement provisions of this chapter.
E.
Effect of other regulations. Outdoor wood boilers, and any electrical,
plumbing or other apparatus or device used in connection with an outdoor
wood boiler, shall be installed, operated and maintained in conformity
with the manufacturer's specifications and any and all local, state
and federal codes, laws, rules and regulations. Nothing contained
herein shall authorize or allow burning which is prohibited by codes,
laws, rules or regulations promulgated by the United States Environmental
Protection Agency, New York State Department of Environmental Conservation
and any other federal, state, regional or local agency. All prior
local laws, resolutions and regulations regulating OWBs which are
inconsistent with the provisions of this article are hereby repealed.
A.
In new senior citizen housing apartment buildings, there shall be
a maximum of four apartments per building.
B.
In any district where permitted, the minimum lot size shall be calculated
as follows: 20,000 square feet for the first unit, plus 10,000 square
feet for each additional unit.
C.
Water and sewage systems shall be certified by the Columbia County
Department of Health as complying with the New York State Sanitary
Code.
Purpose. To accommodate farms in Copake so that they can slaughter,
process or sell their farm products in a manner that balances the
needs of those farmers and nearby residents. An on-farm poultry or
rabbit processing facility is a permitted agricultural use in an Agricultural
District established pursuant to Article 25-AA of the New York State
Agriculture and Markets Law, subject to the following requirements
and restrictions:
A.
Applicability and exemptions.
(1)
These local regulations shall apply to any poultry or rabbit
processing facility that slaughters and/or processes between 1,001
and 8,000 poultry birds or rabbits, or between 256 and 2,000 turkeys,
per year.
(2)
For purposes of this subdivision, one turkey shall be counted
as four poultry birds.
(3)
A facility that slaughters or processes in excess of 8,000 rabbits
or birds, or 2,000 turkeys, per year is prohibited.
(4)
A poultry or rabbit processing facility that slaughters or processes
up to 250 turkeys or 1,000 rabbits or poultry birds of other species
annually or that is exempt from the licensing provisions of Article
5-A of the New York State Agriculture and Markets Law pursuant to
§ 96-d of such article shall be exempt from the requirements
and restrictions of this subdivision.
(5)
This section shall not be construed to prohibit or regulate
custom slaughtering or the slaughtering or processing of animals exempt
from the licensing provisions of Article 5-A of the New York State
Agriculture and Markets Law pursuant to the enumerated exemptions
contained within § 96-d of such article.
B.
Regulations.
(1)
The poultry or rabbit processing facility shall be located on
the premises of a farm operation, as such term is defined in § 301
of the New York State Agriculture and Markets Law.
(2)
No animals except poultry and rabbits raised on the premises
of the farm operation on which the poultry or rabbit processing facility
is located shall be permitted to be slaughtered or processed. An animal
shall be considered "raised" on the host farm operation if it was
fed, sheltered, or otherwise tended to on the premises of such farm
operation for at least 75% of its life span immediately preceding
its slaughter and processing.
(3)
There shall be a limit of 8,000 poultry or rabbits, or 2,000
turkeys, or a proportional combination thereof, slaughtered or processed
in any calendar year.
(4)
No person shall operate a poultry or rabbit processing facility
unless that person has first obtained any and all required state and
federal licenses or permits, including USDA certification, where required.
(5)
The processing facility must meet all state and county regulations
applicable to the facility and must be brought up-to-date when such
regulations are revised.
(6)
Before a building permit is issued for a poultry or rabbit processing
facility or a poultry or rabbit processing facility can be deemed
a permitted agricultural use, the applicant must obtain a modified
site plan approval from the Planning Board. Any change in use of an
existing building or site to a processing facility requires a building
permit and modified site plan approval by the Planning Board. A purpose
of the modified site plan review is to ensure the health and safety
of residents in any adjacent homes and, to the maximum extent practicable,
to minimize or avoid adverse effects upon the environment and adjacent
residences. A public hearing upon the application shall be held unless
the Planning Board determines such hearing to be unnecessary, based
upon the scope of the application and its potential impact upon the
environment or surrounding properties. A modified site plan review
for purposes of this section shall require the submission of, and
consist of a review of, the following:
(a)
Sketch of the parcel on a location map (e.g., tax map) showing
boundaries and dimensions of the parcel of land involved and identifying
contiguous properties, the owners of such contiguous properties, and
any known easements or rights-of-way and roadways;
(b)
Identification of the existing features of the site including
land and water areas, water, sewer or septic systems, and the approximate
location of all existing structures on or immediately adjacent to
the site;
(c)
Representation of the proposed location and arrangement of buildings
and uses on the site, including means of ingress and egress, parking
and circulation of traffic;
(d)
Sketch of any proposed building, structure or sign, including
exterior dimensions and elevations of front, side and rear views,
including copies of any available blueprints, plans or drawings of
same;
(e)
A showing or statement by the applicant that any exterior lighting
installed in connection with the processing facility shall be downward-directed
and installed so that no part of the light bulb or light source is
visible beyond the property boundary;
(f)
A description of the existing and/or proposed farm operation
and a narrative of the intended use and location of proposed buildings,
structures or signs, including any anticipated changes in the existing
topography and natural features of the parcel to accommodate the changes.
This shall 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;
(g)
If a structure is proposed to be located within 200 feet of
a stream, pond, lake, or other water body or wetland, the applicant
shall provide a copy of the floodplain map and wetland map that corresponds
with the boundaries of the property;
(h)
Application form and fee, if required;
(i)
The land upon which the facility rests must be a minimum single
parcel of seven acres;
(j)
The room or area within a structure where processing will take
place must be set back a minimum of 200 feet from any property line;
(k)
Any new structure must be located a minimum of 100 feet from
any stream, pond, lake, or other water body or wetland;
(l)
These requirements apply whether the facility is newly constructed
or a reuse of a barn or other existing structure; and
(m)
The Planning Board may authorize composting of offal based on
the suitability of the site for such use in accordance with § 301
of the New York State Agriculture and Markets Law and § 17-2103
of the New York State Environmental Conservation Law. The Planning
Board may require up to a five-hundred-foot setback for placement
of the composting facility. If composting is not a viable method for
addressing waste from the processing facility, the offal shall be
removed from premises within 24 hours.
[Amended 10-8-2020 by L.L. No. 1-2020]
A.
Purpose and intent.
(1)
The Town of Copake recognizes that solar energy is a clean,
readily available, and renewable energy source. It further recognizes
that energy generated from solar energy systems can be used to offset
energy demand on the grid where excess solar power is generated.
(2)
The Town of Copake has determined that comprehensive zoning
regulations regarding the development of solar energy systems and
associated battery energy storage systems are necessary to protect
the health, safety, and interests of the Town, its residents, its
farmland, and its businesses. This section aims to accommodate solar
energy systems and associated battery energy storage systems while
balancing the potential impact on neighbors, and preserving the rights
of property owners to install appropriately sited solar energy systems.
This section is intended to promote the effective and efficient use
of solar energy resources; set provisions for the placement, design,
construction, and operation of such systems to be consistent with
the Town of Copake Comprehensive Plan; to uphold the public health,
safety, and welfare; and to ensure that such systems will not have
a significant adverse impact on the environment or on aesthetic qualities
and character of the Town.
(3)
The Town of Copake enjoys numerous local features, conditions,
or circumstances of an exceptional or unique nature. Through this
section, the Town intends to ensure that no solar energy system is
constructed without a rigorous review of the specific potential impacts
on unique or exceptional features, conditions, or circumstances, including
but not limited to:
(a)
Growing bicycle tourism industry and associated benefits to
local economy;
(b)
The Rheinstrom Hill Audubon Center and Sanctuary and other ecological
resources;
(c)
Abundance of agricultural activities, prime farmland and associated
rural character of the Town; and
(d)
Copake Lake, Roe-Jan Kill, Bash Bish Brook, Taconic State Park,
Taghkanic Creek, and any other unique, exceptional, or particularly
sensitive features, conditions, or circumstances.
(4)
Intent: greater restrictions to prevail. It is not intended
by this section to abrogate or impair existing conditions previously
made or permits previously issued relating to the use of buildings.
Whenever this section imposes a greater restriction upon the use of
buildings or premises than is required by existing provisions of law,
ordinance, or regulations, the provisions of this section shall control.
B.
Enabling authority. This section is adopted pursuant to New York Town Law §§ 261 through 263, New York State Municipal Home Rule Law § 10, Subdivision 1(ii)a(12), and Article IX, §§ 1(a) and 2(c), of the New York State Constitution.
C.
Applicability.
(1)
The requirements of this section shall apply to all solar energy
systems and equipment installations installed or modified after the
effective date of this chapter.
(2)
Solar energy system installations for which a valid building
permit has been issued, or, if no building permit was required, for
which installation commenced before the effective date of the enactment
of this section, shall not be required to meet the requirements of
this section. However, to the extent any such solar energy installation
is proposed to be enlarged, modified, or changed, such enlargement,
modification, or change shall be subject to the requirements of this
section. In addition, any system for which plans have previously been
submitted in connection with an issued building permit or other approval
or permit from the Town, which is proposed to be enlarged, modified,
or changed from the previously submitted plans, shall be subject to
the requirements of this section to the extent of such enlargement,
modification, or change.
(3)
In order to promote innovative design and encourage the inclusion
of alternative energy systems within the overall design of a building,
solar energy systems determined by the Building Inspector to be building-integrated
photovoltaic (BIPV) systems, as defined herein, are exempt from the
requirements of this chapter.
(4)
Any proposed solar energy system subject to review by the New
York Board on Electric Generation Siting and the Environment pursuant
to Article 10 of the New York State Public Service Law, or the Office
of Renewable Energy Siting pursuant to § 94-c of the Executive
Law, shall be subject to all substantive provisions of this section
and any other applicable Copake Town laws.
D.
Requirements for Tier 1 and Tier 2 solar energy systems.
(1)
No Tier 1 or Tier 2 system shall be installed or operated in
the Town of Copake except in compliance with this section.
(2)
The installation of one or more solar collectors or panels,
whether attached to the main structure or an accessory structure,
or detached, freestanding or ground-mounted, or a qualifying solar-thermal
system, is permitted as an accessory use. Such installation shall
require a building permit.
(3)
Setbacks for solar energy systems by district. Solar collectors
or panels are subject to the minimum setbacks and other dimensions
for whatever zoning district in which they are proposed to be installed.
Installation of a ground-mounted solar energy system located in a
front yard is prohibited. A roof-mounted system that is wholly within
the footprint of an existing structure that is subject to a prior
setback area variance shall be deemed to be in compliance with setback
requirements and shall not be required to obtain an additional setback
variance.
(4)
Height limits for solar collectors mounted on buildings shall
be five feet above the level of the permitted building height. The
height of ground-mounted solar energy systems shall not exceed 15
feet when oriented at maximum height.
(5)
All solar collectors and their associated support elements shall
be installed in accordance with manufacturers' specifications
and in compliance with the New York State Uniform Fire Prevention
and Building Code and any other applicable law, regulation, ordinance,
or code.
(6)
In order to ensure firefighter and other emergency responder
safety, there shall be a minimum perimeter area, not covered by any
solar equipment, of 36 inches around the edge of the roof and adjacent
to transitions, which include vertical walls, dormers, valleys, chimneys,
vents, and other protrusions, irregularities, or changes to contour,
to provide space on the roof for walking around all solar collectors
and panels. For ground-mounted units, there shall be a minimum horizontal
clearance of 48 inches between array rows.
(7)
In order to mitigate electrical hazard to firefighters and other
emergency responders, the following shall be implemented:
(a)
Direct current (DC) and alternating current (AC) isolation switches
for the energy system shall be located in close proximity to the electrical
service meter.
(b)
A photovoltaic (PV) system shall have an isolation switch on
the electrical service to prevent energy from being fed into the service
during a power failure.
(c)
The electrical meter of a building served by a photovoltaic
(PV) system shall have affixed to it a utility warning sticker stating,
in substance, that the building is served by a photovoltaic system.
(8)
Tier 1 solar energy systems shall not be subject to site plan
review.
(9)
Tier 2 solar energy systems shall be subject to a modified site
plan review by the Planning Board. No public hearing shall be required
for such modified site plan review. Such review shall be limited to
consideration of the following factors only, and site plan approval
shall be granted by the Planning Board upon the following findings
or conditions:
(a)
Materials and documents required to be submitted in support
of the modified site plan review shall provide necessary information,
in a form sufficient for adequate Planning Board review, but site
drawings and other descriptive materials shall not be required to
be produced by licensed experts unless the Planning Board determines
such to be necessary for site evaluation.
(b)
All solar collectors and related equipment shall be surfaced,
designed, and sited so as not to reflect glare onto adjacent properties
and roadways.
(c)
All solar collectors and related equipment shall be designed,
located, and constructed so as to minimize the migration of light
or sound from the installation and to minimize the development of
sight obstructions for adjacent structures or land parcels.
(d)
Screening shall be provided when practicable from adjoining
lots through the use of architectural features, earth berms, landscaping,
fencing or other screening which will harmonize with the character
of the property and surrounding area. The proposed screening shall
not interfere with normal operation of the solar collectors.
E.
Requirements for Tier 3 solar energy systems.
(1)
A proposed Tier 3 solar energy system shall be subject to all of the requirements applicable to Tier 2 solar energy systems as set out in Subsection D of this section, above. In addition, the modified site plan approval process for such system shall also require and take into consideration the following:
(a)
Plans and drawings of the Tier 3 system installation signed
by a professional engineer registered in New York State showing the
proposed layout of the entire solar energy system along with a description
of all components, whether on-site or off-site, existing vegetation
and proposed clearing and grading of all sites involved. Clearing
and/or grading activities are subject to review by the Planning Board
and shall not commence until the issuance of site plan approval.
(b)
Details of the noise that may be generated by the system. The
Planning Board may require a noise analysis to determine potential
adverse noise impacts.
(2)
Any Tier 3 solar energy system with a total surface area of
all solar panels of the lot greater than 4,000 square feet, except
an energy system located on a farm operation, in accordance with Subsection
B(1) of the definition of solar energy system shall, in addition,
be required to obtain a special use permit in accordance with this
chapter.
(3)
Tier 3 solar energy systems are prohibited within the Scenic
Corridor Overlay Zone and on soils classified as prime farmland, or
prime farmland if drained, by the United States Department of Agriculture,
New York State, the Town of Copake Farmland Protection Plan, or the
Natural Resources Conservation Service.
(4)
In aggregate, Tier 3 solar energy systems shall not occupy more
than 10% of all farmland of statewide importance located in Copake
as classified by the United States Department of Agriculture, New
York State, the Town of Copake Farmland Protection Plan, or the Natural
Resources Conservation Service.
F.
Requirements for Tier 4 solar energy systems.
(1)
A special use permit and site plan review by the Planning Board
shall be required for all Tier 4 solar energy systems.
(2)
Tier 4 solar energy systems are prohibited within the Scenic
Corridor Overlay Zone and on soils classified as prime farmland, prime
farmland if drained, or farmland of statewide importance as classified
by the United States Department of Agriculture, New York State, the
Town of Copake Farmland Protection Plan, or the Natural Resources
Conservation Service.
(3)
Tier 4 solar energy systems are prohibited on more than 10%
of the entire area of any parcel containing soils classified as prime
farmland by the United States Department of Agriculture, New York
State, the Town of Copake Farmland Protection Plan, or the Natural
Resources Conservation Service.
(4)
Applications, permits and approvals required and applicable
zoning districts.
(a)
All applications for Tier 4 solar energy systems shall include
an application for special use permit and site plan review and all
applicable fees as may be established by the Town Board. Both site
plan and special use permit reviews and approvals are required.
(b)
All applications for Tier 4 solar energy systems shall include
the following:
[1]
Plans and drawings of the Tier 4 solar energy system
installation signed by a professional engineer registered in New York
State showing the proposed layout of the entire Tier 4 solar energy
system along with a description of all components, whether on-site
or off-site, existing vegetation and proposed clearing and grading
of all sites involved. Clearing and/or grading activities are subject
to review by the Planning Board and shall not commence until the issuance
of site plan approval.
[2]
Plan for clearing and/or grading of the site.
[3]
An electrical diagram detailing the utility-scale
solar energy system installation, associated components, and electrical
interconnection methods, with all disconnects and overcurrent devices
identified.
[4]
Documentation of access to the project site(s),
including location of all access roads, gates, parking areas, and
other vehicular accommodations.
[5]
A stormwater pollution prevention plan per New
York State Department of Environmental Conservation requirements to
detail stormwater runoff management and erosion control plans for
the site.
[6]
Documentation of utility notification, including
an electric service order number.
[7]
Photo simulations shall be included showing the
proposed utility-scale solar energy system in relation to the building/site,
along with elevation views and dimensions, and manufacturer's
specs and photos of the proposed utility-scale solar energy system,
solar collectors, and all other components.
[8]
Details of the proposed noise that may be generated
by inverter fans. The Planning Board shall require a noise analysis
to determine potential adverse noise impacts.
[9]
Statement co-signed by the applicant and the landowner
that the establishment of the proposed utility-scale solar energy
system shall not result in a tax penalty, pursuant to § 305
or 306 of the New York State Agriculture and Markets Law, due to the
conversion of land to a nonagricultural use, which shall also state
the last year, if any, for which the subject lands received an agricultural
real property tax exemption; or that the establishment of the proposed
utility-scale solar energy system may result in a tax penalty, pursuant
to 305 or 306 of the New York State Agriculture and Markets Law, along
with a statement indicating the most recent year, if any, for which
the subject lands received an agricultural real property tax exemption,
which shall also include a statement of the number of acres to be
converted from an agricultural to a nonagricultural use and an estimate
of the total amount of tax penalty to be imposed, including interest.
[10]
Part I of the full environmental assessment form
(FEAF) filled out.
[11]
Decommissioning plan and description of financial
surety that satisfies the Town of Copake that all required removals
of inactive systems shall be completed. The decommissioning plan shall
identify the anticipated life of the project, method and process for
removing all components of the utility-scale solar energy system and
returning the site to its preexisting condition, and estimated decommissioning
costs, including any salvage value. The decommissioning plan applies
to the applicant and all subsequent owners and operators of the subject
parcel or solar energy facility, or their successors.
[12]
Identification and contact information of the
responsible party to be notified in the event of emergency or for
any other reason, including the address for notices of the utility-scale
solar energy system owner/operator or designated party to receive
notice in the event of decommissioning and removal of the energy system.
If the party to receive notices, or the address thereof, changes at
any time, the applicant is required to notify the Town Clerk, in writing,
of such change. Such information shall also be provided to the fire
district within which the energy facility is located.
[13]
The Town of Copake shall require any applicant
to pay all associated costs for any application review, including
but not limited to engineering, legal, environmental, planning, and
the review required under SEQRA. When the Planning Board or Zoning
Board of Appeals determines that a review is anticipated to require
engineering, legal, environmental, or planning costs, they shall provide
an estimate to the applicant. Subsequently, funds adequate to cover
such estimated costs shall be placed into escrow by the applicant
prior to commencement of any further Planning Board or Zoning Board
of Appeals review and shall be replenished or increased at the direction
of either of such boards.
(5)
Special use permit required and additional substantive standards
for Tier 4 solar energy systems.
(a)
No Tier 4 solar energy system shall be permitted except upon
obtaining a special use permit in accordance with the procedure and
standards for special use permits set out in this chapter. In addition
to such standards, Tier 4 solar energy systems shall comply with the
following substantive standards, and issuance of a special use permit
shall be contingent upon satisfaction of the following substantive
standards:
[1]
A minimum parcel size of 15 acres is required for
Tier 4 solar energy systems.
[2]
A Tier 4 solar energy system may occupy up to 20%
of the area of the parcel on which it is located; provided, however,
that the area of land used for any such system shall not exceed 10
acres. This land area occupied or used shall be deemed to include
all land under or between any system components within the general
perimeter of the system as a whole but shall not include the area
within the twenty-five-foot buffer between the system components and
the surrounding security fencing.
(6)
Site plan review required.
(a)
Every application for a Tier 4 solar energy system shall be
subject to site plan review and approval, as set out in this chapter,
regardless of whether the proposed Tier 4 solar energy system exceeds
any threshold for site plan review which is otherwise stated in such
chapter. In conducting site plan review for a Tier 4 solar energy
system, the Planning Board may waive submissions that, in the Planning
Board's judgment, are inapplicable or are not relevant to the
review of the proposed solar facility. In addition to the requirements
and standards set out elsewhere in this chapter, every site plan review
of a utility-scale solar energy system shall include a public hearing,
and site plan approval shall be subject to conformance with the following
substantive standards, all of which shall be applicable to Tier 4
projects regardless of whether local site plan review is required
or preempted by state law:
[1]
All Tier 4 solar energy systems shall adhere to
all applicable Town of Copake building, plumbing, electrical, and
fire codes.
[2]
There shall be a minimum 100-foot buffer between
any component of the Tier 4 solar energy system and the parcel boundary
line. The Planning Board is authorized to increase the width of this
buffer after analysis of site conditions and adjacent land uses.
[3]
No component of any Tier 4 solar energy system
may be located within 150 feet of any roadway, other than a private
service road used solely for access to the site of such energy system.
[4]
Any site containing a Tier 4 solar energy system
shall be enclosed by perimeter security fencing, to restrict unauthorized
access, at a height of eight feet with "HIGH VOLTAGE" warning placards
affixed every 50 feet.
[5]
There shall be created and maintained within the
security fence, and between such fence and the components, structures,
or fixtures of the solar energy system, a clear and unobstructed buffer
area at least 25 feet in width encircling the entire perimeter of
the facility, with a surface and grade suitable for the safe passage
of fire trucks and other emergency vehicles.
[6]
Lands which have the highest ecological values
as evidenced by large, contiguous areas of forest, undisturbed drainage
areas, wetlands, or NYS DEC identified critical habitats or rare plant
and animal populations shall be avoided.
[7]
Development and operation of the system shall not
have a significant adverse impact on fish, wildlife, or plant species
or their critical habitats, or other significant habitats identified
by the Town of Copake or other federal or state regulatory agencies.
[8]
Previously cleared or disturbed areas are preferred
locations for solar panel arrays. The clearing of additional lands
to accommodate a proposed utility-scale solar energy system may be
permitted, provided the percentage of newly cleared land on any parcel
does not exceed 10% of the existing woodlands on that parcel.
[9]
In addition to the limitations set forth in Subsection F(3) and (4) and Subsection G(2) and (3) of this section, arrays shall be located on a parcel in such a manner as to avoid conversion of farmland located on soils classified as prime farmland, prime farmland if drained, and soils of statewide importance by the United States Department of Agriculture, New York State, the Town of Copake Farmland Protection Plan, or the Natural Resources Conservation Service.
[10]
Native grasses and native vegetation shall be
maintained below the arrays.
[11]
The Tier 4 solar energy system, including any
associated fencing or proposed off-site infrastructure, shall be located
and screened in such a way as to avoid or minimize visual impacts
as viewed from:
[12]
A berm, landscape screen, or other opaque enclosure,
or any combination thereof acceptable to the Town of Copake capable
of substantially screening the site, shall be provided.
[13]
The design, construction, operation, and maintenance
of any Tier 4 solar energy system shall prevent the misdirection and/or
reflection of solar rays onto neighboring properties, public roads,
and public parks in excess of that which already exists.
[14]
All structures and devices used to support solar
collectors shall be nonreflective and/or painted a subtle or earth-tone
color to aid in blending the facility into the existing environment.
[15]
All transmission lines and wiring associated with
a Tier 4 solar energy system shall be buried and include necessary
encasements in accordance with the National Electrical Code and Town
of Copake requirements. The applicant is required to show the locations
of all proposed overhead and underground electric utility lines, including
substations and junction boxes and other electrical components for
the project, on the site plan. All transmission lines and electrical
wiring shall be in compliance with the utility company's requirements
for interconnection.
[16]
Artificial lighting of Tier 4 solar energy systems
shall be limited to lighting required for safety and operational purposes
only and shall be downlighted and shielded from all neighboring properties
and public roads.
[17]
Any signage used to advertise the Tier 4 solar
energy system shall be in accordance with the Town of Copake's
signage regulations. The manufacturers or installer's identification
and appropriate warning signage shall be posted at the site and clearly
visible.
[18]
The height of the solar panel arrays shall not
exceed 15 feet, and no part of any system structure or equipment shall
exceed 15 feet in height, when oriented at maximum height.
[19]
Following construction of a Tier 4 ground-mounted
solar energy system, all disturbed areas where soil has been exposed
shall be reseeded with native grass and/or planted with low-level
native vegetation capable of preventing soil erosion and airborne
dust.
(7)
Requirements after approvals.
(a)
Any post-construction changes or alterations to the Tier 4 solar
energy system shall be done by amendment to the special use permit
and site plan review and approval, with a public hearing, and subject
to the requirements of this article.
(b)
After completion of a Tier 4 solar energy system, the applicant
shall provide a post-construction certification from a professional
engineer registered in New York State that the project complies with
applicable codes and industry practices and has been constructed and
is operating according to the design plans. The applicant shall further
provide certification from the utility that the facility has been
inspected and connected.
G.
Regulations for battery energy storage systems associated with solar
energy systems.
(1)
BATTERY ENERGY STORAGE SYSTEM
(a)
(b)
(c)
BATTERY(IES)
(a)
(b)
(c)
(d)
(e)
Definitions. As used in this subsection, the following terms
shall have the meanings indicated:
One or more devices, assembled together, capable of storing
energy in order to supply electrical energy at a future time, not
to include a stand-alone twelve-volt car battery or an electric motor
vehicle.
SMALL BATTERY ENERGY STORAGE SYSTEMBattery energy storage systems for one- to two-family residential dwellings within or outside the structure with an aggregate energy capacity less than or equal to:
MEDIUM BATTERY ENERGY STORAGE SYSTEMBattery energy storage systems with aggregated rated energy capacity:
LARGE BATTERY ENERGY STORAGE SYSTEMBattery energy storage systems that have an aggregate energy capacity greater than 500 kwh for lead-acid, Ni-Cd, NiMH, and flow Batteries, and greater than 250 kwh for Li-ion batteries.
A single cell or a group of cells connected together electrically
in series, in parallel, or a combination of both, which can charge,
discharge, and store energy electrochemically. For the purposes of
this section, batteries utilized in consumer products are excluded
from these requirements.
FLOW BATTERYA storage battery that stores and generates an electrical current by ion exchange through a membrane separating liquid electrolytes.
LEAD-ACID BATTERYA storage battery that is comprised of lead electrodes immersed in sulfuric acid electrolyte, including vented (flooded) or valve-regulated lead-acid (VRLA) batteries.
LITHIUM-ION (Li-ion) BATTERYA storage battery in which an electrical current is generated by lithium ions embedded in a carbon graphite or nickel metal-oxide substrate placed in a high-viscosity carbonate mixture or gelled polymer electrolyte.
NICKEL-CADMIUM (Ni-Cd) BATTERYAn alkaline storage battery in which the positive active material is nickel oxide, the negative active material contains cadmium, and the electrolyte is potassium hydroxide.
NICKEL METAL HYDRIDE (NiMH) BATTERYAn alkaline storage battery in which the positive active material is nickel oxide, the negative active material is a hydrogen-absorbing alloy, and the electrolyte is potassium hydroxide.
(2)
Small, medium, and large battery energy storage systems shall
meet the requirements of any applicable fire prevention code, building
code, and design requirement when in use and, when no longer used,
shall be disposed in accordance with the laws and regulations of the
Town of Copake and any applicable federal, state, or county laws or
regulations. Fire prevention codes, building codes, design requirements,
and applicable federal, state, and county laws or regulations include,
but are not limited to, standards and requirements set forth in the:
(a)
Energy Code: The New York State Energy Conservation Construction
Code adopted pursuant to Article 11 of the Energy Law, as currently
in effect and as hereafter amended from time to time;
(b)
Fire Code: The Fire Code section of the New York State Uniform
Fire Prevention and Building Code adopted pursuant to Article 18 of
the Executive Law, as currently in effect and as hereafter amended
from time to time;
(c)
Nationally Recognized Testing Laboratory (NRTL): A U.S. Department
of Labor designation recognizing a private sector organization to
perform certification for certain products to ensure that they meet
the requirements of both the construction and general industry OSHA
electrical standards;
(d)
NEC: National Electrical Code;
(e)
NFPA. National Fire Protection Association; and
(f)
Uniform Code: The New York State Uniform Fire Prevention and
Building Code adopted pursuant to Article 18 of the Executive Law,
as currently in effect and as hereafter amended from time to time.
(3)
Small battery energy storage systems are a permitted use in
all zoning districts and do not require site plan approval.
(4)
Medium battery energy storage systems are permitted in all zoning
districts and require site plan review and a building permit.
(5)
Large battery energy storage systems are not permitted on soils
classified as prime farmland, prime farmland if drained, or soils
of statewide importance by the United States Department of Agriculture,
New York State, the Town of Copake Farmland Protection Plan, or the
Natural Resources Conservation Service. In addition, large battery
energy storage systems shall not be sited on more than 10% of any
parcel containing prime farmland, prime farmland if drained, or soils
of statewide importance.
(6)
Large battery energy storage systems require a special use permit,
site plan review, and a building permit.
H.
Abandonment or decommissioning of Tier 3 and Tier 4 solar energy
systems and associated battery energy storage systems.
(1)
To ensure the proper removal of Tier 3 or Tier 4 solar energy
systems, a decommissioning plan for such a system, including any associated
battery energy storage system, shall be submitted as part of the special
use application. Compliance with this plan shall be made a condition
of the issuance of a special use permit under this section. The decommissioning
plan applies to the applicant and to any subsequent owner or operator
of the subject parcel or solar energy facility, or their successors.
A cost estimate detailing the projected cost of executing the decommissioning
plan shall be prepared by a professional engineer or contractor. Cost
estimates shall take into account inflation. Removal of Tier 3 or
Tier 4 solar energy systems and any associated battery energy storage
system must be completed in accordance with the decommissioning plan.
(2)
A Tier 3 or Tier 4 solar energy system which has been inactive
for a period of one year shall be decommissioned and removed at the
owner's or operator's expense and the site remediated. A
Tier 4 system that has not generated energy for sale to the grid or
otherwise to off-site users for a continuous period of one year shall
be deemed inactive. Upon such failure to maintain operation and activity,
all approvals and permits issued in relation to such system or facility,
including special use permit and site plan approval, shall terminate.
Decommissioning and remediation shall include removal of the energy
system and all its components, associated structures, fixtures, equipment,
fencing, and other improvements, including any subsurface wires, footings,
or other elements from the parcel. Any access roads created for building
or maintaining the system shall also be removed and replanted with
vegetation. The site terrain shall be restored and regraded, if necessary,
to a condition generally comparable to its original condition and
replanted with native vegetation.
(3)
All safety hazards created by the installation and operation
of the Tier 3 or Tier 4 solar energy system shall be eliminated and
the site remediated within six months of the removal of the Tier 3
or Tier 4 solar energy system.
(4)
Prior to the issuance of any permits for a Tier 3 or Tier 4
solar energy system, the Zoning Board will require the applicant to
submit a performance/removal bond or other financial surety, as directed
by and satisfactory to the Zoning Board, upon advice of the Town's
Attorney, Engineer, or other professional experts, based upon the
decommissioning cost estimate in an amount satisfactory to the Town
of Copake, to ensure the removal of the system, its components, and
associated structures, fixtures, equipment, fencing, or other improvements,
and the remediation of the site. The amount of financial security
shall not be reduced by the expected salvage value of the facility
components. In the event that the Tier 3 or Tier 4 solar energy system
is not removed within one year of becoming inactive or the site is
not remediated as required, the Town of Copake, by resolution of the
Town Board after 30 days' written notice and opportunity of the
landowner and system operator to be heard, may cause the same to be
removed and the site remediated using the funds from the performance/removal
bond or surety. Notice sent by First-Class United States Mail to the
property owner, as reflected in the Town real property records, to
the mailing address set forth therein, and to the energy system owner/operator,
at the address for notice set forth in the application, as may be
amended or superseded by written notice to the Town Clerk, shall be
sufficient notice. Notwithstanding the foregoing, any Tier 4 solar
energy system and any associated battery energy storage systems sited
pursuant to Article 10 of the Public Service Law or § 94-c
of the Executive Law shall be required to obtain a letter of credit,
in an amount satisfactory to the Town of Copake, to ensure the removal
of the systems, their components, and associated structures, fixtures,
equipment, fencing, or other improvements, and the remediation of
the site. The amount of the letter of credit shall not be reduced
by the salvage value of facility components.
I.
Indemnification and insurance.
(1)
Indemnification. The applicant, owner, and operator of the Tier
3 or Tier 4 solar energy system shall release and hold harmless the
Town of Copake and all of its officers, officials, employees, appointees,
agents, and servants from and against any and all liability and responsibility
for any and all accidents, injuries, and/or damages of any kind to
persons (including death) or property arising out of the installation,
construction, operation, maintenance, repair or removal of such system.
The applicant, owner, and operator shall indemnify and hold harmless
the Town of Copake and its officers, officials, employees, appointees,
agents, and servants from any and all claims, suits, actions, damages,
awards, judgments and costs of every nature, including reasonable
attorneys' fees, arising out of the installation, construction,
operation, maintenance, repair or removal of such system or of the
Town of Copake providing services related to the utility-scale solar
energy system.
(2)
Insurance. The operator of a Tier 3 or Tier 4 solar energy system
shall obtain and maintain insurance, issued by an insurer authorized
to do business in New York State, to the specifications and in an
amount approved by the Planning Board. Such insurance shall name the
Town of Copake as an additional insured party. The certificate of
insurance shall contain a provision that coverage afforded under the
applicable policy shall not be canceled or terminated until at least
30 days' prior notice has been provided to the Town. In the event
of a termination, cancellation, or lapse of the required insurance
coverage, the special use permit to operate the energy system shall
be immediately suspended and operation of the system shall cease.
Upon restoration of the required insurance coverage, to the satisfaction
of the Town, permission to operate may be restored.
In any district where permitted, a vehicle fueling and charging
station shall be subject to the following regulations:
A.
Vehicle fueling stations shall be permitted only on lots of one acre
or more, with 150 feet minimum frontage.
B.
The area for use by motor vehicles, except access drives thereto, as well as any structures, shall not encroach on any dimensional requirements in § 232-8A.
C.
No fuel pump shall be located closer than 20 feet to any side lot
line nor closer than 35 feet to any street line, measured from the
outside edge of the fuel island.
D.
No access drive shall be within 200 feet of and on the same side
of the street as a school, public library, theater, church or other
public gathering place, park, playground or fire station, unless a
public street lies between such service station and such building
or use.
E.
Lighting will be substantial but no glare shall be produced which
interferes with vehicles or trespasses beyond the property line. Lights
in any canopy shall be recessed.
All animal housing and related structures shall be located 200
feet or more from any lot line.
