[Amended 9-5-2023 by L.L. No. 10-2023]
An accessory dwelling unit (ADU) 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. Notwithstanding the above, an accessory dwelling unit is permitted in any zoning district as of right upon approval by the Building Inspector/Code Enforcement Officer and no special use permit or site plan review shall be required, provided that the applicant certifies that the ADU shall be used only for nontransient occupancy for a period of five years after a certificate of occupancy is issued for such ADU. An ADU permitted in such manner shall be strictly prohibited from being used for transient or short-term rentals and shall be ineligible to obtain a short-term rental permit during such five-year period. Approval by the Building Inspector/Code Enforcement Officer without the need to obtain a special use permit or site plan approval shall, in addition, be contingent upon compliance with all specifications of an accessory dwelling unit set out in §
232-3 and the following conditions:
A. Separate access to the accessory dwelling unit shall be required.
B. The accessory dwelling unit shall consist of not more than two bedrooms
and appropriate kitchen, living and dining areas, and shall have bathroom
facilities equal to one full bath.
C. An accessory dwelling unit in an accessory structure, or that involves the physical expansion or exterior alteration of an existing dwelling or structure, must conform to the dimensional requirements of §
232-8 and the Density Control Schedule of this chapter.
[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.
[Added 12-28-2023 by L.L. No. 11-2023]
A. Short-term rentals are allowed only in one-family dwellings, two-family dwellings, and accessory dwelling units, in multifamily dwellings as provided in Subsection
D of this section, and prohibited elsewhere. Where a short-term rental is to be located in an accessory dwelling, both the accessory dwelling and the principal dwelling to which it is accessory must have the same owner.
B. Short-term rental for up to 120 days in aggregate in a one-year period
is a permitted use in all zoning districts upon compliance with all
provisions of this section. No STR may be rented to STR guests for
more than 120 days in a one-year period except upon compliance with
all provisions governing enhanced short-term rentals. Notwithstanding
its classification in the Table of Uses as a general use, short-term
rental that is not an enhanced short-term rental is exempt from site
plan review.
C. Enhanced short-term rental. Short-term rental (STR) that is or is expected to be rented to STR guests for a total of more than 120 days during a one-year period, not counting rentals exempt under Subsection
E of this section, shall be designated an enhanced short-term rental (Enhanced STR). Enhanced short-term rental in a one-family dwelling, two-family dwelling, or accessory dwelling unit requires a special use permit and site plan approval.
D. STR in multifamily dwellings. Notwithstanding any other provision of this section or the Table of Use Regulations that imposes a special use permit or site plan review requirement upon enhanced STR, a single dwelling unit in a multifamily dwelling in any zoning district in which multifamily dwellings are permitted shall be permitted to be used for STR or enhanced STR, without the need to obtain an additional or amended special use permit or site plan approval for such STR use, provided that the dwelling otherwise complies with all requirements of this chapter applicable to multifamily dwellings and the owner obtains and maintains a valid STR operating permit in accordance with Chapter
187 of the Code of the Town of Copake. Use of more than one dwelling unit in a multifamily dwelling for STR is prohibited.
E. Exempt rentals. The following rentals are permitted and exempt from
the requirements of this section, and rentals that are exempt under
this subsection are not counted toward the 120-day short-term rental
maximum:
(1)
Short-term rental of a room or rooms in a dwelling unit in which
the owner is in concurrent occupancy, or in an accessory dwelling
unit and the owner is in concurrent occupancy in the principal dwelling
on the parcel, and the owner is present overnight during the entire
rental period. If the owner is a legal entity, the owner's concurrent
occupancy requirement may be satisfied by a person who is a principal
owner or officer of the owning entity.
(2)
Any property, dwelling, dwelling unit, or portion of a dwelling
unit that is only rented out to a renter or group of renters for periods
of 30 consecutive days or more.
(3)
A use classified as and permitted by the Town of Copake as a hotel, motel, campground, bed-and-breakfast, dormitory, resort hotel, lodge or ranch, farm stay, or other use allowed under the Table of Use Regulations, Table 2 of Chapter
232 of the Code of the Town of Copake, or farm worker housing.
F. Enhanced STR. Special use permit, site plan review, and special provisions. In addition to being subject to and complying with all other provisions of this chapter applicable to STRs generally, an enhanced STR shall be permitted only upon obtaining a special use permit and site plan approval in accordance with this chapter, and no parcel, building, or structure, or any portion thereof, shall be used for enhanced STR except pursuant to a special use permit and site plan approval, except within a multifamily dwelling as permitted by Subsection
D of this section.
(1)
A special use permit for enhanced STR shall be limited in duration
and shall be valid for a term of three years.
(a)
No earlier than six months prior to, and no later than 60 days
after the expiration of such special use permit, the owner may apply
for an expedited renewal of the special permit for a three-year period.
(b)
Application requirements for an expedited renewal shall be limited
to an attestation by the applicant that the enhanced STR remains in
conformity with the prior special use permit and site plan approval
and verification that the applicant's STR operating permit for
the premises had not been suspended or revoked during the term of
the most recent special use permit.
(c)
Such expedited renewal shall, however, be subject to the public
hearing and notice provisions generally applicable to special use
permit review.
(d)
If a renewal application for an enhanced STR special use permit is made outside of the renewal window set forth above, or when there has been, during the term of the most recently issued special use permit, a suspension of the STR operating permit pursuant to Chapter
187 of the Code of the Town of Copake or the STR is not in conformity with its most recent prior special use permit and site plan approval, such application shall be treated as a new application and subject to a complete special use permit review.
(2)
In addition to the general considerations for site plan and special use permit approvals as set forth in §§
232-21J and
232-23D, special use permit and site plan review for enhanced STR shall ensure the following:
(a)
Provision by the owner of exterior trash containers of a type
and capacity sufficient to contain and secure from animals all trash
generated by STR guests.
(b)
At least one on-site parking space for each three STR guests,
based upon the maximum allowable occupancy of the dwelling unit used
for enhanced STR.
(c)
The circumstances and conditions of the subject property ensure
that the property's or dwelling unit's use as an enhanced
STR will not substantially interfere with the ability of neighbors
to peacefully enjoy their own properties.
(d)
Sufficient space, buffering or screening exists or is installed
to mitigate noise, light, or other impacts that may substantially
adversely affect nearby residences and the immediate neighborhood.
G. In addition to the provisions of this chapter, short-term rentals, except those exempt pursuant to Subsection
D of this section, are required to obtain a short-term rental operating permit in accordance with Chapter
187 of the Code of the Town of Copake.
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:
[a] Publicly dedicated roads and highways, including
State Route 22 and State Route 23.
[b] Existing residential dwellings located on contiguous
parcels.
[c] Routes commonly used by bicyclists, both local
and bicycle tourists visiting the Town.
[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)
Definitions. As used in this subsection, the following terms
shall have the meanings indicated:
BATTERY ENERGY STORAGE SYSTEM
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.
(a)
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:
[1]
70 kwh for lead-acid, Ni-Cd, and NiMH batteries; and
[2]
20 kwh for Li-ion and flow batteries.
(b)
[1]
Greater than 70 kwh and less than 500 kwh for lead-acid, Ni-Cd,
and NiMH batteries;
[2]
Greater than 20 kwh and less than 250 kwh for Li-ion batteries;
and
[3]
Greater than 20 kwh and less than 500 kwh for flow batteries.
(c)
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.
BATTERY(IES)
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.
(a)
FLOW BATTERYA storage battery that stores and generates an electrical current by ion exchange through a membrane separating liquid electrolytes.
(b)
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.
(c)
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.
(d)
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.
(e)
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.
[Added 9-5-2023 by L.L.
No. 10-2023]
A. Multifamily dwellings are permitted in accordance with all provisions
of this chapter and subject to the requirements and limitations of
the Table of Uses and Density Control Schedule, and to the review
processes prescribed therein.
B. Conversions to multifamily dwellings. Notwithstanding the specifications of the Table of Uses or Subsection
A of this section, conversion of an existing building into a multifamily dwelling containing not more than six dwelling units is permitted in any zoning district, subject to site plan review and provided that the dwelling otherwise complies with all requirements of this chapter except the 10,000 additional square foot provision of §
232-8G(1).
C. New construction of multifamily workforce housing. Notwithstanding the specifications of the Table of Uses or Subsection
A of this section, new construction of multifamily dwellings containing up to six dwelling units is exempt from special use permit requirements and is permitted in every zoning district subject to site plan review, provided such dwellings otherwise comply with all requirements of this chapter and either:
(1)
Are used as inclusionary housing as part of inclusionary housing requirements established pursuant to §
232-17.3 of Chapter
232 of the Code of the Town of Copake; or
(2)
If not inclusionary housing, contain not less than the following
number of units to be operated as affordable workforce housing for
eligible residents:
(a)
One unit in three-to-four-unit building;
(b)
Two units in five-to-six-unit building.
D. In connection with new construction of multifamily dwellings, site plan review shall include consideration of the commercial design standards set forth in §
232-21J(18) of this chapter.
E. Any multifamily dwelling or dwelling unit created pursuant to this section that is not otherwise in full compliance with the Table of Uses and the review requirements specified therein shall be used only for nontransient occupancy for a minimum period of 10 years after a certificate of occupancy is issued for such dwelling or dwelling unit. A multifamily dwelling permitted pursuant to this section, and any dwelling unit therein, shall be strictly prohibited from being used for transient or short-term rentals during such ten-year period. In addition, any such dwelling or dwelling unit shall be subject to any limitation, regulation, permit requirement, or further prohibition in relation to transient or short-term rentals that may be adopted by the Town. Any such dwelling or dwelling unit created as affordable workforce housing pursuant to §
232-16.16 or inclusionary housing pursuant to §
232-17.3 shall be prohibited from being used for transient or short-term rentals for the duration of the resale or rental restriction periods set out in §
232-16.16D of this chapter.
[Added 9-5-2023 by L.L.
No. 10-2023]
In accordance with Section 261-b of the New York State Town
Law, which authorizes towns to implement incentive zoning for community
benefits or amenities, including housing for persons of low or moderate
income, the Town of Copake has established requirements for the development,
maintenance, sale and rental of affordable workforce housing (AWH).
affordable workforce housing is housing subject to the requirements
of this section, the sale or rental of which is restricted to certain
eligible persons or households, and which is subject to price and
cost limitations or controls, as set out herein.
A. Affordable workforce housing (AWH) shall mean dwelling units in the
Town of Copake that may lawfully be sold or rented only to an eligible
household. An eligible household is a household which meets, as of
the time of such sale or commencement of rental, one of the following
qualifying standards of eligibility:
(1)
Any household with income not exceeding the qualifying income, as defined in §
232-3 of this chapter.
(2)
A household with at least one member who is an active volunteer
Fire Department member serving the Town of Copake with a minimum of
six months of consecutive active service, without regard to household
income level.
(3)
A household with at least one member who is a full-time Town
of Copake municipal employee, Copake Rescue Squad employee, or Taconic
Hills Central School District employee, with a minimum of six months
of consecutive employment with such entity, without regard to income
level.
(4)
A household with at least one member who is a full-time State
of New York or Columbia County employee and currently resides in the
Town of Copake, with a minimum of six months of consecutive employment
with such entity, without regard to income level.
(5)
A household with at least one member who is a veteran or active-duty
member of the United States Armed Forces or an active-duty member
of the United States Armed Forces Reserve or New York National Guard,
without regard to income level.
(6)
A household with at least one member who is a farmer or farmworker
engaged in active farming on a farm located within the Town of Copake,
without regard to income level.
B. In addition to meeting one or more of the above qualifying eligibility
standards, the unit of AWH must, at the time the buyer or tenant takes
occupancy be the full-time primary residence of the qualifying household
and household member.
C. A person or household shall not lose eligibility to remain in the
subject unit of AWH if they cease to become eligible after taking
residence, provided such person or household was properly qualified
at the time of the initial lease or purchase.
D. Affordable workforce housing (AWH) may be developed for sale or rental,
and may be sold or rented in accordance with the following provisions:
(1)
AWH may be sold only to eligible purchasers at prices that meet AWH Affordable purchase levels, as defined in §
232-3 of this chapter. Resale restrictions, which shall permit resale only to eligible purchasers at or below AWH affordable purchase levels in effect at the time of such resale, shall be in effect for 10 years from the date of any deed conveying such unit and such ten-year restrictive period shall reset upon each conveyance. Upon the passage of 10 years of continuous ownership without a conveyance, restrictions upon sales shall permanently terminate. Such restrictions shall be implemented and enforced by means of restrictive declarations, restrictive covenants, and/or deed restrictions filed in the deed records of the County of Columbia, as the Copake Town Board may direct.
(2)
AWH may be leased only to eligible tenants at annual rents not
to exceed AWH affordable rental levels in effect as of the effective
date of the rental lease, and such rental amount shall be recalculated
for each new lease or renewal of a lease in accordance with the AWH
affordable rental levels in effect as of the commencement of such
new lease or renewal of a lease. Rental housing restrictions shall
be in effect for 25 years from the date of the issuance of a certificate
of occupancy for the dwelling unit to which they apply. Such restrictions
shall be implemented and enforced by means of restrictive declarations,
restrictive covenants, and/or deed restrictions filed in the deed
records of the County of Columbia, as the Copake Town Board may direct.
(3)
AWH may not be used for transient or short-term rentals for the duration of the resale or rental restriction periods set out in Subsection
D(1) and
(2), and such prohibition shall be included in the restrictive declarations, restrictive covenants, and/or deed restrictions provided for therein.
(4)
The Planning Board shall approve the content of any restrictive
declarations, restrictive covenants, and deed restrictions required
under this subdivision.
E. The Town of Copake shall maintain a registry of all AWH units within
the Town. The owner of any AWH rental unit in the Town subject to
the restricted period shall annually file with the Town Clerk, by
January 31 of each year, a statement identifying each AWH rental unit
owned and stating the rents charged for the previous year.