[Adopted 5-2-2022 by L.L. No. 3-2022]
It is the intent of this article to remove the exemption from Town taxation contained in New York State Real Property Tax Law (RPTL) § 487 for certain energy systems. This section grants a fifteen-year exemption from real property taxation on the increase in assessed value attributable to the construction of said systems. As such, and because the Town is substantially residential, the Town Board seeks to protect the Town's tax base by the adoption of this article.
This article is adopted pursuant to RPTL § 487, Subdivision (8)(a), which provides that a county, city, town or village may, by local law, provide that no exemption under this section shall be applicable within its jurisdiction.
Pursuant to this article, the exemption provided by RPTL § 487 is hereby removed for the purposes of Town taxation, and no such exemption shall be granted with respect to any solar or wind energy system, farm waste energy system, micro-hydroelectric energy system, fuel electric energy storage equipment and electric energy storage system, or fuel-flexible linear generator electric generating system which began construction subsequent to the date of legislative effect (January 1, 1991) or the effective date of such local law, whichever is later. Further, the Town opts out of this exemption for any other type of energy system that may be incorporated in RPTL § 487, unless a local law to the contrary is adopted.
Pursuant to 6 NYCRR 617.5(26) and (33), this article is classified as a Type II action which requires no further review under the State Environmental Quality Review Act.
If a court of competent jurisdiction determines that any clause, sentence, paragraph, subdivision, or part of this article or the application thereof to any person, firm or corporation, or circumstance is invalid or unconstitutional, the court's order or judgment shall not affect, impair, or invalidate the remainder of this article, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, or part of this article or in its application to the person, individual, firm or corporation or circumstance directly involved in the controversy in which such judgment or order shall be rendered.
This article shall be effective immediately upon filing with the Commissioner of the New York State Department of Taxation and Finance, the President of the New York State Energy Research and Development Authority, and the Secretary of State as may be necessary.