HomeMy WebLinkAboutLL 13 of 2025 New Chapter 221 Solar PILOT and Host Community AgreementsAdopted 2025-10-06 Pg 1
TOWN OF ITHACA
LOCAL LAW NO. 13 OF THE YEAR 2025
A LOCAL LAW CREATING A NEW TOWN OF ITHACA CODE CHAPTER 221
ENTITLED “SOLAR ENERGY SYSTEMS (LARGE-SCALE) PILOT AND HOST
COMMUNITY AGREEMENTS”
Be it enacted by the Town Board of the Town of Ithaca as follows:
Section 1. Chapter 221 of the Town of Ithaca Code is created with the following new Chapter
Solar Energy Systems (Large-Scale) PILOT and Host Community Agreements.
“CHAPTER 221 SOLAR ENERGY SYSTEMS (LARGE SCALE) PILOTS AND HOST
COMMUNITY AGREEMENTS”
ARTICLE 1
GENERAL PROVISIONS
§ XXX-1. Statutory authorization and purpose.
A. This chapter is intended to be consistent with and is enacted by the Town Board of the
Town Ithaca pursuant to its authority to adopt laws under the New York State
Constitution, the New York State Municipal Home Rule Law, the New York State Town
Law, and the New York Real Property Tax Law. It is intended and hereby declared to
address matters of local concern only and is intended to act in furtherance of the Town's
authority with respect to zoning and land use laws and its police and taxation powers,
related to large-scale solar energy facilities.
B. This chapter 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), thereby
granting reduced development or operating costs to system developers and clean and
reduced cost energy options to residents and consumers, while mitigating environmental
and other impacts from such projects and providing a revenue stream to the entire
community.
§ 221-2. Conflict with Other Laws.
Where this Local Law differs or conflicts with other laws, rules and regulations the more
restrictive applicable law, rule or regulation shall apply. This section shall be inapplicable
where County, State or Federal Law preempts the application of a more restrictive law, rule
or regulation, include the provisions contained in this Local Law.
ARTICLE 2
DEFINITIONS
Adopted 2025-10-06 Pg 2
§ 221-3. Word Usage and Definitions.
For the purposes of this Local Law, and where not inconsistent with the context of a
particular section, the terms, phrases, words, abbreviations and their derivations defined
below shall have the meaning given in this Article. When not inconsistent with the context,
words in the present tense include the future tense, words used in the plural number include
words in the singular number. The word “shall” is always mandatory and not merely
directory.
ANNUAL PAYMENT
The payment due under a PILOT agreement entered into pursuant to Real Property Tax Law
§ 487(9).
ANNUAL PAYMENT DATE
January 1 of each year.
CAPACITY
The manufacturer's nameplate capacity of the solar energy system as measured in kilowatts
(kW) or megawatts (MW) AC.
COMMERCIAL SOLAR ENERGY SYSTEM
A solar energy system that primarily produces energy that is fed directly into the grid
primarily for off-site sale or consumption, or any solar energy system with a nameplate
generating capacity of 500 kilowatts or more. Commercial solar energy systems include
building-mounted, rooftop, and ground-mounted solar energy systems that meet or exceed
the above-stated nameplate generating capacity.
GROUND-MOUNTED SOLAR ENERGY SYSTEM
A solar energy system that is anchored to the ground and attached to a pole or other
mounting system, detached from any other structure for the primary purpose of producing
electricity.
HOST COMMUNITY AGREEMENT
A contract between a Commercial Solar Energy System owner/developer and the Town,
whereby such owner/developer agrees to provide the community with certain benefits and
mitigate specified impacts of the solar project. A PILOT or any PILOT payments shall not be
considered or construed as part of, or as counting towards, any Host Community Agreement
needs, requirements, or payments.
NON-COMMERCIAL SOLAR ENERGY SYSTEM
A solar energy system with a nameplate generating capacity of less than 500 kilowatts that is
incidental and subordinate to another use on the same parcel and which primarily produces
energy for on-site consumption. Non-commercial solar energy systems include building-
integrated, roof-mounted and ground-mounted solar energy systems that do not meet or
exceed the above-stated nameplate generating capacity.
Adopted 2025-10-06 Pg 3
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.
PHOTOVOLTAIC SOLAR ENERGY SYSTEM
A solar energy system that converts solar energy directly into electricity using photovoltaic
cells.
ROOF-MOUNTED SOLAR ENERGY SYSTEM
A solar panel system located on the roof of any legally permitted building or structure for the
purpose of producing electricity for onsite or offsite consumption.
SOLAR ENERGY EQUIPMENT
Electrical energy storage devices, material, hardware, inverters, or other electrical equipment
and conduits of photovoltaic devices associated with the production of electrical energy.
SOLAR ENERGY SYSTEM
All components and subsystems required to convert solar energy into electric energy suitable
for use. This term includes, but is not limited to, solar panels and solar energy equipment.
The area of a solar energy system includes all the land and/or structures inside the perimeter
of the solar energy system, which extends to any interconnection equipment.
ARTICLE 3
SOLAR ENERGY SYSTEMS (LARGE-SCALE) PILOT AGREEMENTS
§ 221-4. PILOT required.
A. In every instance where this local law applies, the applicant shall be required to propose a
payment in lieu of taxes ("PILOT") agreement. The developer shall also comply with the
notice requirements of NYS Real Property Tax Law § 487. The applicant will then
contact the Town's legal counsel to negotiate, or start the process to negotiate, the terms
of said PILOT agreement and any Host Community Agreements, as required under
Articles II and III of this local law, as well as any provisions of the Town Code, New
York State law or regulations, or the administrative requirements or orders of ORES or
the PSC, among other state agencies and departments.
B. Any proposed solar energy system subject to review by the New York State Board on
Electric Generation Siting and the Environment pursuant to Article 10 of the New York
State Public Service Law, or the Office of Renewable Energy Siting pursuant to § 94-c of
the New York State Executive Law, shall be subject to all substantive provisions of this
local law and any other applicable provisions of the Town Code of the Town of Ithaca, in
each case only to the extent not preempted by state or federal law.
Adopted 2025-10-06 Pg 4
C. The owner of a property on which a solar energy system is located or installed (including
any improvement, reconstruction, or replacement thereof), shall enter into a PILOT
agreement with the Town of Ithaca consistent with the terms of this chapter, except for
1. Non-Commercial Solar Energy Systems.
2. Solar energy systems that do not seek or qualify for an exemption from real property
taxes pursuant to Real Property Tax Law § 487(4).
D. The lessee or licensee of any owner of a property required to enter into a PILOT
agreement by this section, which owns or controls the solar energy system, may enter into
the PILOT agreement on behalf of the owner of the property.
E. Pursuant to Real Property Tax Law § 487(9)(b), the Town of Ithaca hereby expresses its
ongoing intent to require a contract for PILOT for such solar energy systems, and this
chapter shall be considered notification to owners or developers of such systems and no
further action is required on the part of the Town of Ithaca with respect to the notification
requirements by the Town of Ithaca as set forth in Real Property Tax Law § 487(9)(a).
F. Nothing in this chapter shall exempt any requirement for compliance with state and local
codes for the installation of any solar energy equipment or a solar energy system, or
authorize the installation of any solar energy equipment or a solar energy system. All
solar energy systems must file a real property tax exemption application pursuant to Real
Property Tax Law § 487 to receive a tax exemption.
G. Nothing in this chapter shall act to prohibit the Town of Ithaca from also requiring a Host
Community Agreement, in accordance with its authority otherwise granted by state and
local law.
H. The Town will require a PILOT at the amount of taxes that would be due if the property
was subject to full taxation.
I. A PILOT shall not count or be considered as payment towards, or as part of, the
obligations or payments due under any Host Community Agreement. Similarly, payments
due or made, and consideration delivered, under or in relation to any Host Community
Agreement shall not count towards fulfillment of PILOT requirements or payments.
§ 221-5. Contents of PILOT agreements.
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 identification number for each parcel or portion of a parcel on which the solar
energy system will be located.
Adopted 2025-10-06 Pg 5
C. A requirement for not more than fifteen successive annual payments, of equal or
decreasing value, notwithstanding the provisions of Section XXX-5(D), 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 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 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 Ithaca, 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 Ithaca 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 Ithaca shall cooperate in the execution of any notices or assignments with the
owner and its successors.
H. That the Town of Ithaca Town Board may establish by resolution the payment amount
and terms of PILOT agreements by developers of solar energy systems with the Town of
Ithaca or may delegate to the Tompkins County Industrial Development Agency the
authority to negotiate such agreements on behalf of the Town of Ithaca.
I. That if the annual payment is not paid when due, that upon failure to cure within 30 days,
the Town of Ithaca 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.
ARTICLE 4: HOST COMMUNITY AGREEMENTS
§ 221-1 Host Community Agreements
In addition to a PILOT agreement, the applicant shall propose to the Town, on projects
involving one megawatt and above, a host community agreement benefit package for
consideration by the Town Board as part of the approval process. Once the application
package materials are deemed complete and while the Planning Board/Zoning Board of
Appeals are completing their reviews, the project/application shall be referred to the Town
Board to decide on the completion and terms of a host community agreement. This
agreement shall be in addition to a PILOT agreement.
Adopted 2025-10-06 Pg 6
Section 2. In the event that any portion of this law is declared invalid by a court of
competent jurisdiction, the validity of the remaining portions shall not be affected by such
declaration of invalidity.
Section 3. This Local Law shall take effect immediately.
a<“é -.
mm TOWN OF ITHACA
e - . -—NEW YORK
TOWN CLERKS’OFFICE
Paulette Rosa,Town Clerk,Ashley Colbert &Monica Moll,Deputy Town Clerks
215 N.Tioga St 14850
607.273.1721 clerks@townithacany.gov
Z
—_
=
ME
October 7,2025
State Records Unit
Department of State
One Commerce Plaza
99 Washington Ave.
Albany,NY 12231
To Whom It May Concern,
Enclosed is:
Town of Ithaca Local Law 13 for the year 2025:CREATING CHAPTER 221 OF THE
TOWN OF ITHACA CODE ENTITLED "SOLAR ENERGY SYSTEMS (LARGE
SCALE)PILOT AND HOST COMMUNITY AGREEMENTS"
Please contact me if you have any questions.
Sincerely,
Usulus Gltt
Ashley Colbert
Deputy Town Clerk
New York State Department of State
Division of Corporations,State Records and Uniform Commercial Code
One Commerce Plaza,99 Washington Avenue
Local Law Filing Albany,NY 12231-0001
www.dos.state.ny.us/corps
(Use this form to file a local law with the Secretary of State.)
Text of law should be given as amended.Do not include matter being eliminated and do not use
italics or underlining to indicate new matter.
[|County [[City [xiTown [Village
(Select one:)
of Ithaca
Local Law No.13 of the year 2025
A local law CREATING CHAPTER 221 OF THE TOWN OF ITHACA CODE
(insert Title)
—_
ENTITLED "SOLAR ENERGY SYSTEMS (LARGE SCALE)PILOT AND HOST
COMMUNITY AGREEMENTS"
Be it enacted by the 'Own Board
{Name of Legislative Body)
[]County [|City [xjTown ([_|Village
(Select one:)
of ithaca as follows:
See attached.
(if additional space is needed,attach pages the same size as this sheet,and number each.)
DOS-0239-f-1 (Rev.06/12)Page 2 of
{Complete the certification in the paragraph that applies to the filing of this local law and
strike out that which is not applicable.)
(Final adoption by local legislative body only.)
|hereby certify that the local law annexed hereto,designated as Jocal law No.13 of 2029 of
the (County)(City)(Town)(Village)of Ithaca
__.__
was duly passed by the
Town Board__on October 6 _.20 29__,in accordance with the applicable
Vame of Legislative Body)
rovisions of law.
(Passage by local legislative body with approval,no disapproval or repassage after disapproval by the Elective
Chief Executive Officer’.)
hereby certify that the local law annexed hereto,designated as local law No.of 20 of
1e (County)(City)(Town)(Village)of
—
____was duly passed by the
on -——20 _and was (approved)(not approved)
Vame of Legislative Body)
‘epassed after disapproval)by the and was deemed duly adopted
(Elective Chief Executive Officer*)
—___20 [Tih accordance w ith the applicable provisions of law.
(Final adoption by referendum.)
hereby certify that the local law annexed hereto,designated as local law No.of 20 ___of
ye (County)(City)(Town)(Village)of was duly passed by the
;20 and was (approved)(not approved)
Vame of Legislative Body)
‘epassed after disapproval)by the
__on 20
(Elective Chief Executive Officer")
ich local law was submitted to the people by reason of a (mandatory)(permissive)referendum,and received the affirmative
ite of a majority of the qualified electors voting thereon at the (general)(special)(annual)election held on
)in accordance with the applicable provisions of law.
(Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.)
iereby certify that the local law annexed hereto,designated as local law No.__of20 ___of
e (County)(City)(Town)(Village)of ..__was duly passed by the
—20 and was (approved)(not approved)
ame of Legislative Body)
2passed after disapproval}bythe __
_...on __20 Such local
(Elective Chief Executive Officer”)
W was subject to permissive referendum and no valid petition requesting such referendum was filed as of
)in accordance with the applicable provisions of law.
*Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county-wide basis or,if there
be none,the chairperson of the county legislative body,the mayor of a city or village,or the supervisor of a town where such officer is
vested with the power to approve or veto local laws or ordinances.
OS-0239-f-1 (Rev.06/12)Page 3 of4
—
5,(City local law concerning Charter revision proposed by petition.)
|hereby certify that the local law annexed hereto,designated as local law No..of 20 of
the City of
___._____having been submitted to referendum pursuant to the provisions of section (36)(37)of
the Municipal Home Rule Law,and having received the affirmative vote of a majority of the qualified electors of such city votin
thereon at the (special)(general)election held on 20
,
became operative.
6.(County local law concerning adoption of Charter.)
|hereby certify that the local jaw annexed hereto,designated as local law No.
.
of 20 of
the Countyof._._..
_.___State of New York,having been submitted to the electors at the General Election of
November 20
,pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law,and havii
received the affirmative vote of a majority of the qualified electors of the cities of said county as a unit and a majority of the
qualified electors of the towns of said county considered as a unit voting at said general election,became operative.
(If any other authorized form of final adoption has been followed,please provide an appropriate certification.)
|further certify that |have compared the preceding local law with the original on file in this office and that the same is a
correct transcript therefrom and of the whole of such original local law,and was finally adopted in the manner indicated in
paragraph 1
,
above.C4 tty (atte
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pin,Clerkof the county legidJative body,City,Town or Village“Clerk or
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officer designated by local legislative body
Date:/of 7 [25 .
DOS-0239-f-1 (Rev.06/12)Page 4 of
MEETING OF THE ITHACA TOWN BOARD
October 6,2025
TB Resolution 2025 -110:Adoption of Local Law 13 of 2025 creating Chapter 221 of the
Town of Ithaca Code,entitled “Solar Energy Systems (Large-Scale)Pilot and Host
Community Agreements”
Whereas,the Planning Committee,during meetings on March 20,2025,April 17,2025,May 29,
2025,and August 21,2025,along with Town staff,researched and considered legislative options
for capturing revenue from large-scale renewable energy installations through payment-in-lieu-
of-taxes (PILOT)agreements and host community agreements,and
Whereas,the Town Board,at a meeting held on August 25,2025,reviewed and discussed a
preliminary draft of the legislative language prepared by the Planning Committee,and
Whereas,at a meeting on September 8,2025,the Town Board reviewed the local law and
scheduled a public hearing for October 6,2025,at 5:30 pm to hear all interested parties on the
proposed local law entitled “A Local Law Creating a New Town of Ithaca Code Chapter 221
Entitled “Solar Energy Systems (Large-Scale)Pilot and Host Community Agreements”,”and
Whereas,said public hearing was duly published,posted and held on said date and time,and
Whereas,pursuant to the New York State Environmental Quality Review Act (“SEQRA”)and
its implementing regulations at 6 NYCRR Part 617,adoption of said local law is a Type II
Action pursuant to 6 NYCRR Part 617.5 c (26)and (33),which requires no further
environmental review,and
Whereas,the Town Board finds it is in the best interest of the Town and its citizens to adopt the
local law,now,therefore,be it
Resolved,that the Town Board adopts said local law entitled “A Local Law Creating a New
Town of Ithaca Code Chapter 221 Entitled “Solar Energy Systems (Large-Scale)Pilot and Host
Community Agreements.”
Moved:Rich DePaolo Seconded:Margaret Johnson
Vote:ayes —DePaolo,Johnson,Levine,Howe and Bleiwas
STATE OF NEW YORK)
COUNTY OF TOMPKINS)SS:
TOWN OF ITHACA:
I,Paulette Rosa,Town Clerk of the Town of Ithaca,do hereby certify that the above local law is an exact
copy of the same adopted by the Ithaca Town Board at a meeting 9 y day of Octeper,2025.
GAy,
Patilette Rosa,Town Clerk
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