TOWN OF NEWBURGH

NOTICE OF ADOPTION

            PLEASE TAKE NOTICE that on the 28th day of December, 2020, the Town Board of the Town of Newburgh in the County of Orange, State of New York, adopted Local Law No. 5 of 2020 entitled " Solar Energy Pilot Law of the Town of Newburgh” pertaining to Payments in Lieu of Taxes, the purpose and effect of which is to promote the installation of solar energy generating equipment by allowing owners to continue to apply for real property tax exemptions for such installations  and granting reduced costs to system developers and energy consumers, while providing a revenue stream to the entire community through  payments-in-lieu-taxes (PILOT’s).  The Local Law includes definitions for “A/C”, “Annual Payment”, “Annual Payment Date”, “Capacity”, “Owner”, “Residential Solar Energy System”, “SBL Number, “Solar Energy Equipment” and “Solar Energy System.” The Local Law requires the owner of a property on which a Solar Energy System is located or installed to enter into a PILOT Agreement with the Town consistent with the terms of the Local Law, with the following exceptions:  (1)  Residential Solar Energy Systems,  (2)  Solar Energy Systems with a capacity of 0.5 megawatts (MWs) or less; and (3) Solar Energy Systems that do not seek or qualify for an exemption from real property taxes pursuant to Real Property Tax Law. The Local Law imposes notification requirements with regard to intent to construct Solar Energy Systems and the PILOT requirements, and sets forth the required contents of the PILOT agreements including provisions for an initial Annual Payment for Solar Energy Systems of $3,600.00 per MW of Capacity above 0.5 MW, pro-rated for fractional MW’s, with annual increases of 3 percent and late fees of 5 percent.

A public hearing on the adoption of this Local Law was held on the 14^th day of December, 2020 remotely via Zoom videoconference  during which the public had the opportunity to see and hear the public hearing live and provide comments on behalf or in opposition of the proposed Local Law and any part thereof.  Following the posting of a transcript of the public hearing on the Town’s website, the public had the additional opportunity to provide written comments to the Town Board by mail or e-mail.. The Town Board has determined it is in the best interest of the Town to adopt this Local Law.

Dated: December 30, 2020    

                                                                        Joseph P. Pedi

                                                                        Town Clerk, Town of Newburgh