[Adopted 12-9-2020 by L.L. No. 2-2020[1]]
[1]
Editor's Note: With the inclusion of this local law, former Art. VI, Gold Star Parent Exemption, was redesignated as Art. VII.
Section 487 of the Real Property Tax Law provides for a real property tax exemption for a solar or wind energy system or a farm waste energy system in accordance with the provisions of § 487 to the extent of any increase in value of the real property due to the improvement thereof by such systems.
The terms "solar energy system," "roof-mounted solar energy system," "small-scale ground-mounted solar energy system" and "large-scale ground-mounted solar energy system" shall have the same meanings respectively as set forth at Town Code § 250-46C.
An owner of real property upon which is constructed a solar energy system which has been approved in accordance with Town Code § 250-46 and complies with the provisions of Real Property Tax Law § 487 is entitled to the fifteen-year tax exemption provided by § 487(2) of the Real Property Tax Law.
A. 
In accordance with § 487(9) of the Real Property Tax Law, an owner of real property upon which a large-scale ground-mounted solar energy system is to be constructed must enter into an agreement with the Town to make payments in lieu of taxes (PILOT agreement). Such contract may require annual payments in an amount not to exceed the amounts which would otherwise be payable but for the exemption under Real Property Tax Law § 487(2).
B. 
The PILOT agreement shall not operate for a period of more than 15 years, commencing in each instance from the date on which the benefits of such exemption first become available and effective.
C. 
Upon filing an application to construct a large-scale ground-mounted solar energy system upon real property located in whole or in part in the Town of Lumberland, the owner of the property, or agent or representative thereof, must file written notice with the Town Supervisor providing that an application to construct a large-scale ground-mounted solar energy system has been filed with the Town and that the owner is ready to enter into a PILOT agreement with the Town subject to the ultimate construction of such system.
D. 
In the event that the parties are unable to agree on the terms and conditions of a PILOT agreement, then the Town may provide notice to the Town Planning Board that, in the absence of a PILOT agreement, approval for the construction of a large-scale ground-mounted solar energy system shall not be granted.