[Adopted 2-14-2023 by L.L. No. 3-2023]
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, inter alia, any solar or wind energy system. RPTL § 487 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, microhydroelectric 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.