No offensive noise, vibration, dust or odor, heat or glare shall be produced by the home occupation activity.

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.

Business operation hours, lighting and signage shall not adversely affect adjacent properties.

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.

The manufactured home(s) are not occupied by the owner of the farm or are not the principal dwelling on that farm.

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.

Placement of such manufactured home(s) shall occur only if the requirements of the Density Control Schedule of this chapter can be met.[1]

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.

The manufactured home(s) shall be screened or buffered from any abutting property or the public view.

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.

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.

That each on-farm NCWT shall meets all standards and requirements set forth in this law.

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.

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.

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.

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.

Any evaluation of actual or potential noise impacts must include at least four points of information:

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.

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.

No advertising or commercial logos or insignias, except the manufacturer's nameplate, shall be permitted on the NCWT or tower.

No flags or banners shall be placed on the NCWT or tower.

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.

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.

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.

Address and location of the property on which the proposed NCWT will be located, including tax map section, block, and lot number.

A description of the wind power project, including:

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.

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.

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.

A special use permit for enhanced STR shall be limited in duration and shall be valid for a term of three years.

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:

Site plan approval and a building permit are required prior to the installation of a new OWB or replacement of an existing OWB.

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.

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.

A permit application shall include:

The manufacturer's owner's manual and installation instructions.

Any other information that the Board requests that will help the Board reach a decision and establish appropriate conditions.

Fees for permits as set by the Town Board.

All OWBs shall:

OWB setbacks:

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.

Fuel for any new or preexisting OWB.

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.

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.

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.

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.

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.

For purposes of this subdivision, one turkey shall be counted as four poultry birds.

A facility that slaughters or processes in excess of 8,000 rabbits or birds, or 2,000 turkeys, per year is prohibited.

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.

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.

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.

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.

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.

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.

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.

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:

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.

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.

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:

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.

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.

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.

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.

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.

No Tier 1 or Tier 2 system shall be installed or operated in the Town of Copake except in compliance with this section.

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.

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.

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.

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.

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.

In order to mitigate electrical hazard to firefighters and other emergency responders, the following shall be implemented:

Tier 1 solar energy systems shall not be subject to site plan review.

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 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:

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.

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.

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.

A special use permit and site plan review by the Planning Board shall be required for all Tier 4 solar energy systems.

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.

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.

Applications, permits and approvals required and applicable zoning districts.

Special use permit required and additional substantive standards for Tier 4 solar energy systems.

Site plan review required.

Requirements after approvals.

Definitions. As used in this subsection, the following terms shall have the meanings indicated:

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:

Small battery energy storage systems are a permitted use in all zoning districts and do not require site plan approval.

Medium battery energy storage systems are permitted in all zoning districts and require site plan review and a building permit.

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.

Large battery energy storage systems require a special use permit, site plan review, and a building permit.

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.

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.

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.

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.

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.

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.

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

If not inclusionary housing, contain not less than the following number of units to be operated as affordable workforce housing for eligible residents:

Any household with income not exceeding the qualifying income, as defined in § 232-3 of this chapter.

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.

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.

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.

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.

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.

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.

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.

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.

The Planning Board shall approve the content of any restrictive declarations, restrictive covenants, and deed restrictions required under this subdivision.