[HISTORY: Adopted by the Town Board of the Town of Union 1-6-2021 by L.L. No. 1-2021. Amendments noted where applicable.]
This chapter may be cited as the "Alternative Energy System
PILOT Law of the Town of Union, Broome County, New York."
This chapter is adopted to ensure that the benefits of the community's
alternative energy resources are available to the entire community,
by promoting the installation of alternative 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 chapter is adopted under the authority granted by:
As used in this chapter, the following terms shall have the
meanings indicated:
Collectors, controls, energy storage devices, heat pumps
and pumps, heat exchangers, windmills, and other materials, hardware
or equipment necessary to the process by which alternative energy
is i) collected, ii) converted into another form of energy, such as
thermal, electrical, mechanical or chemical, iii) stored, iv) protected
from unnecessary dissipation and v) distributed. 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.
Any solar, wind, farm waste or other source of alternative energy.
An arrangement or combination of alternative energy equipment
designed to provide heating, cooling, hot water, or mechanical, chemical,
or electrical energy by the collection of alternative energy and its
conversion, storage, protection and distribution.
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 alternative
energy system as measured in kilowatts (kW) or megawatts (MW) AC.
The owner of the property on which an alternative energy
system is located or installed, or their lessee, licensee or other
person authorized to install and operate an alternative energy system
on the property.
An alternative 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.
A.
The owner of a property on which an alternative energy system is
located or installed (including any improvement, reconstruction, or
replacement thereof), shall enter into a PILOT agreement with the
Town consistent with the terms of this chapter, 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
alternative 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 an alternative energy system, the Town Code Officer
shall immediately, but in no case more than 60 days after receipt
of the notification, notify the owner or other person of the mandatory
required for a PILOT agreement pursuant to the terms of this chapter.
D.
Nothing in this chapter shall exempt any requirement for compliance
with state and local codes for the installation of any alternative
energy equipment or an alternative energy system, or authorize the
installation of any alternative energy equipment or an alternative
energy system. All alternative 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 alternative energy system.
B.
The Tax Map number for each parcel or portion of a parcel on which
the alternative 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 alternative energy system, and that if the capacity
is increased or increased as a result of a system upgrade, replacement,
partial removal or retirement of alternative 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 alternative energy system shall be considered
exempt from real property truces for the fifteen-year life of the
PILOT agreement.
F.
That the PILOT agreement may not be assigned without the prior written
consent of the Town, 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 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 alternative 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 shall cooperate in the execution of
any notices or assignments with the owner and its successors.
H.
That the annual payment shall be determined by the Town Assessor.
I.
That the annual payment shall escalate per year at a percentage rate
determined by the Town Assessor, starting with the second annual payment.
J.
That if the annual payment is not paid when due, that upon failure
to cure within 30 days, the Town may cancel the PILOT agreement without
notice to the owner, and the alternative energy system shall thereafter
be subject to taxation at its full assessed value.
Should any provision of this chapter be declared by the courts
to be unconstitutional or invalid, such decision shall not affect
the validity of this chapter as a whole or any part thereof other
than the part so decided to be unconstitutional or invalid.
This chapter shall be effective upon its filing with the Secretary
of State in accordance with the Municipal Home Rule Law and shall
apply to all alternative energy systems constructed.
