Resolution of Evans Town Board
Directing Timely Written Notification of Intention to Require Payments in Lieu of Taxes For Certain Energy Projects Otherwise Exempt from Taxation Under Real Property Tax Law Section 487
WHEREAS, Section 487 of the Real Property Tax Law provides for certain solar or wind energy systems or farm waste energy systems to be exempt from county, town and school taxes, and WHEREAS, Subdivision 9 of Section 487 of the Real Property Tax Law gives local municipalities the option of requiring the owner of a property which includes a solar or wind energy systems or farm waste energy systems to enter into a contract for payments in lieu of taxes, and WHEREAS, pursuant to Subdivision 9 of Section 487 of the Real Property Tax Law, notification of the town’s intent to require a contract for payments in lieu of taxes must be provided by the town within sixty (60) days of the town being notified in writing by an owner or developer of their intent to construct such a system, WHEREAS, pursuant to any use of NYS ARTICLE 10 by either a Solar or Wind Company or Landowner shall be subject to a Pilot of 100 per cent of the amount in which the Town of Evans may charge under Subdivision 9 of the Section 487 WHEREAS, pursuant to any use of NYS ARTICLE 10 by either a Solar or Wind Company or Landowner the Town of Evans will require a Special Annual Use permit and said annual fee will be one million dollars.
NOW THEREFORE BE IT RESOLVED, that the Town Board hereby declares its intention to require a contract for payments in lieu of taxes for such projects, and
BE IT FURTHER RESOLVED, that all Town of Evans officers are directed to immediately notify the Supervisor, Assessor and Town Clerk of any written communication received by such officer notifying the town of an owner or developer’s intention to construct or develop such a project or system pursuant to Real Property Tax Law Section 487 (9) and are further directed to promptly provide a copy of such written communication to the Supervisor, Assessor and Town Clerk, and
BE IT FURTHER RESOLVED, that the Supervisor and Assessor are hereby directed to provide written notification to such owner or developer of the Town of Evan’s intention to require a contract for payments in lieu of taxes within sixty (60) days of receiving written notification from any owner or developer pursuant to Real Property Tax Law Section 487 (9). The Supervisor and Assessor are further directed to keep a permanent record of such written notification having been provided to such owner or developer.
Copies of this resolution are to be provided to all Town of Evans officers.
This resolution was copied and modified from the Town of Brants Resolution passed on Jan 10, 2017, Modification are in red. The Town of Brants Resolution was written by Attorney William Trask, the son of the late Rose Trask, a person who dedicated her life to helping the Town of Evans. This resolution would leave the Tax Exemption in Place for Homeowners, Businesses, and Farmers for Solar, Wind and Farm Waste and address the concerns our Town Board has in regards to Large Solar & Wind Farms . It would allow the Town of Evans the Time to plan, draft and Implement a Comprehensive Plan in regards to these Large Solar & Wind Farms. What better way to honor Rose.
Respectfully William J Henry –Chairman of the Friends and Neighbors Advocating Better Green Living