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Marlborough authorizes 15-year PILOT for 4.1 MW Highland 201 solar project
Summary
The Town Board authorized Supervisor Corcoran to sign a 15-year Payment In Lieu of Taxes agreement with Highland 201 Solar LLC for a planned ~4.1 MW AC solar array at 206 Milton Turnpike; annual PILOT payments start at $5,000 per MW and escalate 2% per year, with first-year distributions to County, Town and School District shown in Exhibit B.
The Marlborough Town Board on April 28 authorized the town supervisor to execute a Payment In Lieu of Taxes (PILOT) agreement with Highland 201 Solar LLC for a proposed ground-mounted solar energy system at 206 Milton Turnpike.
The agreement, negotiated under New York Real Property Tax Law §487, covers a project the town and applicant expect to have about 4.1 megawatts AC of nameplate capacity. Under the PILOT the owner will make annual payments in lieu of statutory property taxes for 15 consecutive fiscal years. The resolution sets the first-year payment at $5,000 per megawatt of capacity, with annual payments escalating 2% per year; Exhibit B to the agreement lists the first-year dollar distributions by taxing jurisdiction (for example: County $2,004.98; Town $4,586.19; Marlborough Central School District $13,908.83).
The PILOT agreement places the solar equipment on the exempt portion of the town assessment roll under RPTL §487, and requires the owner to file an RP-487 application with the assessor. The written agreement also sets procedures for adjusting payments if the project’s capacity changes, allows assignment with notice to taxing jurisdictions, and includes customary notice, termination, and remedies clauses. The Town Clerk’s office and the town attorney will handle implementation details.
The board voted to approve the resolution authorizing the Supervisor to sign the PILOT (vote recorded: Molinelli absent; Corcoran, Zambito, Sessa and Cauchi — yes). With the board’s authorization, the town will proceed to finalize the contract with Highland 201 Solar LLC and coordinate billing and collections per the schedule in Exhibit B.
Authorities cited in the resolution include RPTL §487 and that the Planning Board previously granted special permit and site plan approvals for the project. The PILOT document itself will be recorded and executed by the town, Highland 201 Solar LLC (c/o Nexamp Inc.), the Marlborough Central School District and Ulster County.
Next steps listed in the agreement include Owner filing the RP-487 application with the assessor and the town issuing annual PILOT bills; payments are due on dates specified in the agreement (Town and County due dates noted as February 15; School District due date noted as September 15).
