[Adopted 7-26-2010[1]]
[1]
Editor's Note: This ordinance also superseded former Art. II, Solar Energy, adopted 10-24-1977.
A. 
Any building in the Town of Fairfield, the construction of which is commenced on or after October 1, 1976, which is equipped with an active solar heating or cooling system, or any building to which a solar energy heating or cooling system is added on or after October 1, 1976, to the extent of the amount by which the assessed valuation of such real property equipped with such solar heating and cooling system exceeds the assessed valuation of such real property equipped with the conventional portion of the heating or cooling system exclusive of any portion of such system related to solar energy, shall be exempt from taxation, provided that this exemption shall only apply to the first 15 assessment years following the construction of such building or the addition of such system to a building.
B. 
As used in this section, "solar energy heating or cooling system" means equipment which:
(1) 
Provides for the collection, transfer, storage and use of incident solar energy for water heating, space heating or cooling which, absent such solar energy system, would require a conventional energy source such as petroleum products, natural gas or electricity;
(2) 
Employs mechanical means such as fans or pumps to transfer energy; and
(3) 
Meets standards established by regulation, in accordance with the provisions of Chapter 54 of the Connecticut General Statutes, by the Secretary of the Office of Policy and Management.
C. 
Any person who desires to claim the exemption provided in this section for any assessment year shall file with the Assessor, on or before November 1 in such assessment year, a written application claiming such exemption on a form prescribed by the Assessor. Failure to file such application in said manner and form within the time limit prescribed shall constitute a waiver of the right to such exemption for the assessment year. Such application shall not be required for any assessment year following that for which the initial application is filed, provided that, if such solar energy heating or cooling system is altered in a manner which would require a building permit, such alteration shall be deemed a waiver of the right to such exemption until a new application, applicable with respect to such altered system, is filed and the right to such exemption is established as required initially.
A. 
Any Class I renewable energy source, as defined in Subsection B of this section, or any hydropower facility, as defined in Subsection C of this section, installed for the generation of electricity for private residential use or on a farm, as defined in Subsection (q) of Section 1-1 of the Connecticut General Statutes, shall be exempt from taxation, provided such installation occurs on or after October 1, 2007, and further provided such installation is for a single-family dwelling, multifamily dwelling consisting of two to four units or a farm, or any passive or active solar water or space heating system or geothermal energy resource.
B. 
"Class I renewable energy source" means:
(1) 
Energy derived from solar power, wind power, a fuel cell, methane gas from landfills, ocean thermal power, wave or tidal power, low-emission advanced renewable energy conversion technologies, a run-of-the-river hydropower facility provided such facility has a generating capacity of not more than five megawatts, does not cause an appreciable change in the river flow, and began operation after July 1, 2003, or a sustainable biomass facility with an average emission rate of equal to or less than 0.075 pound of nitrogen oxides per million BTU of heat input for the previous calendar quarter, except that energy derived from a sustainable biomass facility with a capacity of less than 500 kilowatts that began construction before July 1, 2003, may be considered a Class I renewable energy source; or
(2) 
Any electrical generation, including distributed generation, generated from a Class I renewable energy source.
C. 
"Hydropower facility" means a run-of-the-river hydropower facility, provided such facility has a generating capacity of not more than five megawatts, does not cause an appreciable change in the riverflow, and began operation prior to July 1, 2003.
D. 
Any person claiming the exemption provided in this section for any assessment year shall, on or before the first day of November in such assessment year, file with the Assessor in the Town in which such hydropower facility, Class I renewable energy source, or passive or active solar water or space heating system or geothermal energy resource is located, a written application claiming such exemption. Failure to file such application in the manner and form as provided by such Assessor or board within the time limit prescribed shall constitute a waiver of the right to such exemption for such assessment year. Such application shall not be required for any assessment year following that for which the initial application is filed, provided that if such hydropower facility, Class I renewable energy source, or passive or active solar water or space heating system or geothermal energy resource is altered in a manner which would require a building permit, such alteration shall be deemed a waiver of the right to such exemption until a new application, applicable with respect to such altered source, is filed and the right to such exemption is established as required initially.
A. 
Any building, the construction of which is commenced on or after April 20, 1977, which is equipped with a passive or hybrid solar energy heating or cooling system, or any building to which such a system is added on or after April 20, 1977, to the extent of any amount by which the assessed valuation of such real property equipped with such a system exceeds the valuation at which such real property would be assessed if built using conventional construction techniques in lieu of construction related to such a system, as determined by the assessing officer of the municipality, shall be exempt from taxation, provided this exemption shall only apply to the first fifteen assessment years following construction of such building or addition of any such system to a building. Any portion of a hybrid solar energy heating or cooling system which is allowed an exemption under § 95-5 shall not be eligible for exemption under this section.
B. 
As used in this section, "passive solar energy heating or cooling system" means a system which utilizes the structural elements of a building for the collection of incident solar energy and its storage and distribution for use in water heating or space heating or cooling, which building absent such system would require a conventional energy resource, such as petroleum products, natural gas or electricity, and which system meets standards established by regulation, in accordance with the provisions of Chapter 54 of the Connecticut General Statutes, by the Secretary of the Office of Policy and Management; and "hybrid system" means a solar energy heating or cooling system which consists of both active and passive elements and which meets the standards established for both.
C. 
Any person claiming the exemption provided in this section for any assessment year shall, on or before the first day of November in such assessment year, file with the Assessor a written application claiming such exemption. Failure to file such application in the manner and form as provided by such Assessor in the time limit prescribed shall constitute a waiver of the right to such exemption for such assessment year. Such application shall not be required for any assessment year following that for which the initial application is filed, provided that, if such passive or hybrid solar energy heating or cooling system is altered in a manner which would require a building permit, such alteration shall be deemed a waiver of the right to such exemption until a new application, applicable with respect to such altered system, is filed and the right to such exemption is established as required initially.
A. 
Subject to the provisions of Subsection B of this section, any cogeneration system installed on or after July 1, 2007, shall be exempt from taxation, provided that this exemption shall only apply to the first 15 assessment years following the installation of such system. This exemption shall not apply to additions to resource recovery facilities operating on October 1, 1994, or to resource recovery facilities constructed on and after that date or to property acquired by eminent domain for the purpose of qualifying for the exemption.
B. 
As used in this section, "cogeneration system" means equipment which is designed, operated and installed as a system which produces, in the same process, electricity and exhaust steam, waste steam, heat or other resultant thermal energy which is used for space or water heating or cooling, or industrial, commercial, manufacturing or other useful purposes and which meets standards established by regulation, in accordance with the provisions of Chapter 54, by the Secretary of the Office of Policy and Management.
C. 
The Town may enter into a written agreement with an applicant for the exemption, which may require the applicant to make payments to the municipality in lieu of taxes. The agreement may vary the amount of the payments in lieu of taxes in each assessment year of the agreement, provided the payment in any assessment year is not greater than the taxes which would otherwise be due in the absence of the exemption. Any agreement negotiated under this section shall be submitted to the Representative Town Meeting for its approval or rejection;
D. 
Any person claiming the exemption provided in this section for any assessment year and whose application has been approved in accordance with Subsection C of this section, shall, on or before the first day of November in such assessment year, file with the Assessor a written application claiming the exemption. Failure to file the application in the manner and form as provided by such Assessor a within the time limit prescribed shall constitute a waiver of the right to the exemption for such assessment year. Such application shall not be required for any assessment year following that for which the initial application is filed, provided that, if such cogeneration system is altered in a manner which would require a building permit, such alteration shall be deemed a waiver of the right to such exemption until a new application, applicable with respect to such altered system, is filed and the right to such exemption is established as required initially.