[Adopted 4-5-2017 by L.L.
No. 2-2017]
This article shall be referred to as "a local law to opt out
of the exemption for solar, wind and farm waste energy systems pursuant
to § 487 of the New York State Real Property Tax Law."
It is the intent of this article to allow the Town of New Windsor
to opt out of solar, wind and farm energy systems real property tax
exemptions pursuant to Subdivision 8 of § 487 of the Real
Property Tax Law.
The Town Board of the Town of New Windsor shall not permit any
exemption within its jurisdiction pursuant to § 487 of the
Real Property Tax Law of the State of New York with respect to any
solar, wind or farm waste energy systems constructed subsequent to
the effective date of this article.
If any word, phrase, sentence, part, section, subsection, or
other portion of this article or any application thereof to any person
or circumstance is declared void, unconstitutional, or invalid for
any reason, then such word, phrase, sentence, part, section, subsection,
or other portion, or the proscribed application thereof, shall be
severable, and the remaining provisions of this article, and all applications
thereof, not having been declared void, unconstitutional, or invalid,
shall remain in full force and effect.
Where this article differs or conflicts with other laws, rules
and regulations, unless the right to do so is preempted or prohibited
by the county, state or federal government, the more restrictive or
protective of the Town and the public shall apply.
This article is enacted pursuant to Subdivision 8 of § 487
of the New York State Real Property Tax Law of the State of New York,
as well as the Municipal Home Rule Law. This article shall supersede
the provisions of Town Law to the extent it is inconsistent with the
same, and to the extent permitted by the New York State Constitution,
the Municipal Home Rule Law, or any other applicable statute.
