[Adopted 2-22-2017 by L.L. No. 1-2017]
Section 487 of the Real Property Tax Law provides for a real
property tax exemption for a solar or wind energy system or a farm
waste energy system in accordance with the provisions of said § 487
to the extent of any increase in value of said real property due to
the improvement thereof by such systems.
The terms "solar energy system," "roof-mounted solar energy system," "small-scale ground-mounted solar energy system" and "large-scale ground-mounted solar energy system" shall have the same meanings respectively as set forth at Town Code § 345-39C.
An owner of real property upon which is constructed a solar energy system which has been approved in accordance with Town Code § 345-39 and complies with the provisions of Real Property Tax Law § 487, is entitled to the fifteen-year tax exemption provided by § 487, Subdivision 2, of the Real Property Tax Law.
A.
In accordance with § 487(9) of the Real Property Tax Law,
an owner of real property upon which a large-scale ground-mounted
solar energy system is to be constructed must enter into an agreement
to make payments in lieu of taxes ("PILOT agreement"). Such contract
may require annual payments in an amount not to exceed the amounts
which would otherwise be payable but for the exemption under Real
Property Tax Law § 487(2).
[Amended 2-14-2018 by L.L. No. 1-2018[1]]
[1]
Editor's Note: This local law also repealed former Subsection
B, which limited the PILOT agreement to a period of 15 years, and
former Subsection C, which required that notice be given to the Town
Supervisor that an application to construct a large-scale ground-mounted
solar energy system had been filed and that the owner was ready to
enter into a PILOT agreement with the Town, were repealed 2-14-2018
by L.L. No. 1-2018.
B.
(Reserved)
C.
(Reserved)
D.
In the event that the parties are unable to agree on the terms and
conditions of a PILOT agreement, then the Town may provide notice
to the Town Planning Board that, in the absence of a PILOT agreement,
approval for the construction of a large-scale ground-mounted solar
energy system shall not be granted.
