This article may be cited as the "solar energy system PILOT
Law of the Town of Fabius, New York."
This article is adopted to ensure that the benefits of the community's
solar energy resource are available to the entire community, by promoting
the installation of solar energy generating equipment through a payment-in-lieu-taxes
(PILOT), granting reduced costs to system developers and energy consumers,
and providing a revenue stream to the entire community.
As used in this article, the following terms shall have the
meanings indicated:
ANNUAL PAYMENT
The payment due under a PILOT agreement entered into pursuant
to Real Property Tax Law § 487(9).
CAPACITY
The manufacturer's nameplate capacity of the solar energy
system as measured in kilowatts (kW) or megawatts (MW) AC.
OWNER
The owner of the property on which a solar energy system
is located or installed, or their lessee, licensee or other person
authorized to install and operate a solar energy system on the property.
RESIDENTIAL SOLAR ENERGY SYSTEMS
A solar 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 multi-family dwellings), and
designed to serve that dwelling.
SOLAR ENERGY EQUIPMENT
Collectors, controls, energy storage devices, heat pumps
and pumps, heat exchangers, windmills, and other materials, hardware
or equipment necessary to the process by which solar radiation 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.
SOLAR ENERGY SYSTEM
An arrangement or combination of solar energy equipment designed
to provide heating, cooling, hot water, or mechanical, chemical, or
electrical energy by the collection of solar energy and its conversion,
storage, protection and distribution.
Should any provision of this article be declared by the courts
to be unconstitutional or invalid, such decision shall not affect
the validity of this article as a whole or any part thereof other
than the part so decided to be unconstitutional or invalid.
This article shall be effective upon its filing with the Secretary
of State in accordance with the Municipal Home Rule Law, and shall
apply to all solar energy systems constructed.