[Adopted 10-26-2021 by L.L. No. 4-2021]
This article may be cited as the "Solar Energy System PILOT
Law of the Town of Moreau, 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-of-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, or their lessee, licensee or other person
authorized to install and operate a solar energy system on the property.
RESIDENTIAL SOLAR ENERGY SYSTEM
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 multifamily 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.
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 SBL number for each parcel or portion of a parcel on which the
solar energy system will be located.
C. A requirement for 15 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
as the same may be amended, superseded or replaced.
D. The capacity of the solar energy system, and that if the capacity
is increased or decreased as a result of a system upgrade, replacement,
partial removal or retirement of solar energy equipment, the annual
payments shall be increased or decreased 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 as the same may be amended, superseded or
replaced, the solar energy system shall be considered exempt from
real property taxes with the exception of special district fees 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, 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 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 shall cooperate in the execution of any
notices or assignments with the owner and its successors.
H. That the annual payment shall be set per resolution by the Town Board
at the organizational meeting.
I. That if the annual payment is not paid when due, that upon failure
to cure within 30 days, the Town 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.
J. In addition, if the annual payment is not paid when due, a late fee
equal to 12% of the amount due shall be assessed on an annual basis.
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.