Section 487 of the state Real Property Law grants a fifteen-year
exemption from real property taxation on the increase in assessed
value attributable to the construction or installation of qualifying
solar energy systems, wind power systems, farm waste, micro-hydroelectric,
fuel cell and other types of energy systems. RPTL § 487
also authorizes a municipality to opt-out of granting that property
tax exemption by adoption of a local law. The Town of Woodbury Town
Board has determined that it is in the best interest of the Town and
its residents to exercise the option provided in the Real Property
Tax Law, and to prohibit such energy systems from obtaining a tax
exemption.
The Town Board of the Town of Woodbury shall not permit any
exemption within its jurisdiction pursuant to § 487 of the
Real Property Tax Law of the State of New York with respect to any
solar, wind, farm waste, micro-hydroelectric, fuel cell and other
energy systems which began construction subsequent to the effective
date of this article.
If any word, phrase, sentence, part, section, subsection, or
other portion of this article or any application thereof to any person
or circumstance is declared void, unconstitutional, or invalid for
any reason, then such word, phrase, sentence, part, section, subsection,
or other portion, or the proscribed application thereof, shall be
severable, and the remaining provisions of this article, and all applications
thereof, not having been declared void, unconstitutional, or invalid,
shall remain in full force and effect.
Where this article differs or conflicts with other laws, rules
and regulations, unless the right to do so is preempted or prohibited
by the county, state or federal government, the more restrictive or
protective of the Town and the public shall apply.