[Adopted 11-13-2018 by L.L. No. 2-2018; amended in its entirety 7-9-2019 by L.L. No. 1-2019]
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
DECOMMISSIONING PLAN
Detailed steps to remove unused or inactive solar energy
systems, the elimination of all safety hazards, the remediation of
the site, cost estimates to accomplish these requirements, and the
provisions of financial security therefor.
EXPEDITED PROCESS
The application, review and approval process for rooftop- and flush-mounted solar energy collection systems with a rated capacity of 25 kW or less, as set forth in §
167-4B and
C of this article.
NET-METERING
A billing arrangement that allows solar customers to receive
credit for excess electricity which is generated from the customer's
solar collection and delivered back to the grid so that customers
only pay for their net electricity usage for the applicable billing
period.
PRIME FARMLAND
Land designated as "prime farmland" in the U.S. Department
of Agriculture Natural Resources Conservation Service's Soil Survey
Geographic Database that has the best combination of physical and
chemical characteristics for producing food, feed, forage, fiber and
other crops and is available for these land uses.
QUALIFIED SOLAR INSTALLER
A person who has skills and knowledge related to the construction
and operation of solar energy systems (and the components thereof)
and installations and has received safety training on the hazards
involved. Persons who are on the list of eligible photovoltaic installers
maintained by the New York State Energy Research and Development Authority
(NYSERDA), or who are certified as a solar installer by the North
American Board of Certified Energy Practitioners (NABCEP), shall be
deemed to be qualified solar installers for the purposes of this definition.
Persons who are not on NYSERDA's list of eligible installers or NABCEP's
list of certified installers may be deemed to be qualified solar installers
if the Town Code Enforcement Officer or such other Town officer or
employee as the Town Board designates determines such persons have
had adequate training to determine the degree and extent of the hazard
and the personal protective equipment and job planning necessary to
perform the installation safely. Such training shall include the proper
use of special precautionary techniques and personal protective equipment,
as well as the skills and techniques necessary to distinguish exposed
energized parts from other parts of electrical equipment and to determine
the nominal voltage of exposed live parts.
ROOFTOP-MOUNTED SOLAR ENERGY COLLECTORS
A solar energy system in which solar collectors/panels are
mounted on the roof of a building or structure either as a flush-mounted
system or as panels fixed to frames which can be tilted to maximize
solar collection.
SMALL-SCALE SOLAR COLLECTOR SYSTEM
Any solar energy collection system that cumulatively on a
parcel meets all of the following provisions:
A.
Is an accessory use or structure, designed and intended to generate
energy primarily for a principal use, located on that lot.
B.
Produces more than 25 kilowatts (kW) of energy, and is a solar-thermal
system which serves only the buildings to which it is attached and/or
accessory to and does not provide energy for any other buildings or
structures beyond the parcel or lot.
C.
A system that does not exceed the production or output limits
and otherwise conforms to the requirements of this definition shall
not be excluded from designation as a small-scale solar collection
system as a result of selling or otherwise receiving credits or benefits
for excess energy provided to the distribution grid under a net metering
agreement.
SOLAR ENERGY COLLECTION SYSTEM
A system of components intended for the collection, inversion,
storage and/or distribution of solar energy and that directly or indirectly
generates thermal, chemical, electrical or other usable energy. A
solar energy collection system consists of, but is not limited to,
solar collectors, mounting devices or structures, generators/turbines,
water and energy storage and distribution systems, storage, maintenance
and/or other accessory buildings, inverters, fans, combiner boxes,
meters, transformers and all other mechanical structures.
UTILITY-SCALE SOLAR COLLECTOR SYSTEM
A solar energy collector or collectors or other devices or
a generation facility or area of land principally used to convert
solar energy to electricity, whether by photovoltaics, concentrating
solar-thermal devices or various experimental solar technologies,
designed and intended to supply energy primarily into a utility grid
for sale to the general public or to supply multiple users located
off the site on which the energy system is located.
The Town Board may set application, review and/or approval fees
for solar energy collection systems by resolution, from time to time,
as it deems appropriate.
[Adopted 11-10-2022 by L.L. No. 2-2022]
This article may be cited as the "Solar Energy System PILOT
Law of the Town of Coxsackie, 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.
This article is adopted under the authority granted by:
A. Article IX of the New York State Constitution § 2(c)(8);
B. New York Statute of Local Governments § 10 (5);
C. New York Municipal Home Rule Law § 10 (1)(i) and (ii) and
§ 10 (1)(a)(8); and
D. New York Real Property Tax Law § 487(9).
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, 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
A.
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:
(2)
Converted into another form of energy such as thermal, electrical,
mechanical or chemical;
(4)
Protected from unnecessary dissipation; and
B.
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.
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 solar energy system.
B. The tax ID for each parcel or portion of a parcel on which the solar
energy system will be located.
C. A requirement for fifteen 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 solar energy system, and that if after the commencement
date, the capacity is increased as a result of the replacement or
upgrade of existing project equipment or property or the addition
of new project equipment or property, the annual payments shall be
increased 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 solar energy system shall be considered
exempt from real property taxes 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 of Coxsackie, 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 of Coxsackie, 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 solar 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 of Coxsackie shall cooperate in the execution
of any notices or assignments with the owner and its successors.
H. That the annual payment shall be:
(1) For solar energy systems with a capacity greater than 50 kW, $8,750
per MW of capacity.
(2) Notwithstanding anything to the contrary the annual payment referenced
herein shall constitute the entire annual PILOT payment due to all
taxing authorities in the jurisdiction and shall be apportioned pursuant
to the applicable tax rates in place at the time of execution of said
PILOT agreement.
(3) Notwithstanding anything to the contrary within this provision, the
annual PILOT payment shall not include any special ad valorem levies
and special assessments.
I. That the annual payment shall escalate 2% per year, 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 of Coxsackie may cancel the PILOT
agreement without notice to the owner, and the solar energy system
shall thereafter be subject to taxation at its full assessed value.
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.