The Town has for some time sought to improve the environment
and air quality for its residents. The programs incorporated herein
are the first of their type that the Town has sought to undertake.
These programs are intended not only to reduce CO2 emissions, but also to assist residents by reducing their utility
bills and improving the quality of their home environment. Another
benefit of the programs will be the reduction of dependence upon foreign
fossil fuels. Finally, the expenditure of funds and the formulation
of effective programs that can be continued beyond the limitations
of current grant funding are intended to provide much needed work
for local contractors.
For purposes of this chapter, the following definitions shall
apply:
QUALIFYING PROGRAM
Any of the programs enumerated in this chapter, the purpose
of which is to provide funding to owners of real property located
within the Town of Brookhaven or the incorporated villages within
the Town of Brookhaven in order to construct energy efficiency improvements
at the subject property, subject to all specific program requirements,
and the repayment for which shall be included in the semiannual tax
levy for the subject property. Another purpose shall be to retrofit
Town-owned buildings and Town-owned ancillary infrastructure in order
to increase energy efficiency. The qualifying programs shall include
the following:
[Amended 5-7-2015 by L.L.
No. 6-2015; effective 5-15-2015]
A.
GREEN HOMES INITIATIVEA program funded through federal grants and revolving loans which shall provide financing to owners of single-family, owner-occupied residential property located within the Town of Brookhaven or the incorporated villages within the Town of Brookhaven in order to construct energy efficiency improvements at the subject property. The scope of the energy efficiency improvements that will be funded through the "Green Homes Initiative" shall be subject to the requirements of this chapter as well as guidelines promulgated by the Commissioner of the Department of Finance, pursuant to §
7C-3 of this chapter.
B.
GO SOLAR INITIATIVEA program funded through federal grants and revolving loans which shall provide financing to owners of single-family, owner-occupied residential property located within the Town of Brookhaven or the incorporated villages within the Town of Brookhaven for the purpose of installing solar panels at the subject property. In order to qualify for the "Go Solar Initiative," owners of residential property must demonstrate a minimum level of energy efficiency, as determined pursuant to guidelines promulgated by the Commissioner of the Department of Finance, pursuant to §
7C-3 of this chapter.
C.
RETROFIT RAMP-UPA program funded through the usage of loan repayments in connection with the "Green Home Initiative" and "Go Solar Initiative," Subsections
A and
B above, to deeply retrofit buildings and ancillary infrastructure owned by the Town of Brookhaven in order to increase energy efficiency and reduce total energy use. The scope of the energy efficiency improvements at Town-owned buildings and ancillary infrastructure shall be subject to the requirements of this chapter as well as guidelines promulgated by the Commissioner of the Department of Finance, pursuant to §
7C-3 of this chapter.
The Town Board of the Town of Brookhaven hereby authorizes,
empowers and directs the Commissioner of the Department of Finance
to issue and promulgate written guidelines for each of the qualifying
programs authorized by this chapter, which guidelines shall have the
same force and effect as if adopted by the Town Board.
There shall be charged an administrative fee of 5% of the total
amount of project costs awarded to owners of residential property
under a qualifying program. This administrative fee of 5% shall be
included in the repayment of the principal amount due under a qualifying
program.
In the event of owner default of any of the terms and conditions
of the contract as set forth in the qualifying programs, the Town
shall provide written notice allowing the owner three business days
to cure or correct the default. In the event that the owner has not
cured or taken measures to cure the default to the Town's satisfaction
within three business days of the date of notice the Town may, in
its sole discretion, declare the contract terminated and direct that
all work on the project stop immediately or take other measures to
address the default, the cost of which will be borne solely by the
owner. In the event of default, the owner will be responsible for
any of the costs of work which the Town is obligated to pay to the
contractor and any other parties as a result of the project. In such
event, the Town, in its sole discretion, may require immediate payment
in full of the amount due, or the Town may require the owner to make
payment in accord with the payment terms or any modification thereof,
which the owner will be obligated to follow.
The Town is vested with the authority to make these amendments
by local law pursuant to New York General Municipal Law § 119-gg
and in accordance with New York Municipal Home Rule Law § 20.
If any clause, sentence, paragraph, section or item of this
chapter shall be adjudged by any court of competent jurisdiction to
be invalid, such judgment shall not impair nor invalidate the remainder
hereof, but such adjudication shall be confined in its operation to
the clause, sentence, paragraph, section or item directly involved
in the controversy in which such judgment shall have been rendered.
This chapter shall become effective immediately upon filing
with the Secretary of State.