[Adopted 3-10-2020 by L.L. No. 1-2020]
This Article is adopted to ensure that the benefits of the community's
solar energy resource are available to the entire community, by promoting
the installation of solar-energy-generating equipment through a payment
in lieu of taxes (PILOT), granting reduced costs to system developers
and energy consumers, and providing a revenue stream to the entire
community.
This article is adopted under the authority granted by:
The payment due under a PILOT agreement entered into pursuant
to Real Property Tax Law § 487(9).
January 1 of each year.
The manufacturer's nameplate capacity of the solar energy
system as measured in kilowatts (kW) or megawatts (MW) AC.
The owner of the property on which a solar energy system
is located or installed, or their lessee, licensee or other person
authorized to install and operate a solar energy system on the property.
A solar energy system with a nameplate generating capacity
less than 50 kW AC in size, installed on the roof or the property
of a residential dwelling (including multifamily dwellings), and designed
to serve that dwelling.
Collectors, controls, energy-storage devices, heat pumps and
pumps, heat exchangers, windmills, and other materials, hardware or
equipment necessary to the process by which solar radiation is:
It does not include pipes, controls, insulation or other equipment
which are part of the normal heating, cooling, or insulation system
of a building. It does include insulated glazing or insulation to
the extent that such materials exceed the energy efficiency standards
required by New York law.
An arrangement or combination of solar energy equipment designed
to provide heating, cooling, hot water, or mechanical, chemical, or
electrical energy by the collection of solar energy and its conversion,
storage, protection and distribution.
A.
The owner of a property on which a solar energy system is located
or installed (including any improvement, reconstruction, or replacement
thereof), shall enter into a PILOT agreement with the Town of Greenwich
consistent with the terms of this article, except for:
B.
The lessee or licensee of any owner of a property required to enter
into a PILOT agreement by this section, which owns or controls the
solar energy system, may enter into the PILOT agreement on behalf
of the owner of the property.
C.
Upon receipt of any notification from an owner or other person of
intent to install a solar energy system, the Town Supervisor shall
immediately, but in no case more than 60 days after receipt of the
notification, notify the owner or other person of the mandatory requirement
for a PILOT agreement pursuant to the terms of this article.
D.
Nothing in this article shall exempt any requirement for compliance
with state and local codes for the installation of any solar energy
equipment or a solar energy system, or authorize the installation
of any solar energy equipment or a solar energy system. All solar
energy systems must file a real property tax exemption application
pursuant to Real Property Tax Law § 487 to receive a tax
exemption.
Each PILOT agreement entered into shall include:
A.
Name and contact information of the owner or other party authorized
to act upon behalf of the owner of the solar energy system.
B.
The SBL number for each parcel or portion of a parcel on which the
solar energy system will be located.
C.
A requirement for 15 successive annual payments, to be paid commencing
on the first annual payment date after the effective date of the real
property tax exemption granted pursuant to Real Property Tax Law § 487.
D.
The capacity of the solar energy system, and that if the capacity
is increased or increased as a result of a system upgrade, replacement,
partial removal or retirement of solar energy equipment, the annual
payments shall be increased or decreased on a pro rata basis for the
remaining years of the agreement.
E.
That the parties agree that under the authority of Real Property
Tax Law § 487 the solar energy system shall be considered
exempt from real property taxes for the twentyfive-year life of the
PILOT agreement.
F.
That the PILOT agreement may not be assigned without the prior written
consent of the Town of Greenwich, which consent may not be unreasonably
withheld if the assignee has agreed in writing to accept all obligations
of the owner, except that the owner may, with advance written notice
to the Town of Greenwich but without prior consent, assign its payment
obligations under the PILOT agreement to an affiliate of the owner
or to any party who has provided or is providing financing to the
owner for or related to the solar energy system, and has agreed in
writing to accept all payment obligations of the owner.
G.
That a notice of this agreement may be recorded by the owner at its
expense, and that the Town of Greenwich shall cooperate in the execution
of any notices or assignments with the owner and its successors.
H.
That the annual payment shall be:
(1)
For solar energy systems with a Capacity greater than 1 MW, $ 2,800
per MW of capacity, but not to exceed the tax due on the assessed
value of the property.
I.
That the annual payment shall escalate by the same percentage from
time to time as the rate increases granted by the State of New York
Public Service Commission to the owner.
J.
That if the annual payment is not paid when due, that upon failure
to cure within 30 days, the Town of Greenwich may cancel the PILOT
agreement without notice to the owner, and the solar energy system
shall thereafter be subject to taxation at its full assessed value.