Town of Aurora, NY Article III Maintenance, Procedures and Fees

§ 95A-9 Maintenance, procedures and fees.

A. Time limit on completion. Upon receipt of any required approval by the Aurora Town Board, the applicant shall have six months to apply for a building permit. After issuance of a building permit, the applicant shall have six months to begin the project and 12 months to complete the project.

B. Upon receipt of any required approval by the Aurora Town Board, the applicant shall have 12 months to begin the project before those approvals lapse. Prior to the lapse of any approvals, the applicant may, for just cause, apply by written request to the Town Board for an extension to this time line.

C. Inspections. Upon reasonable notice, the Town of Aurora Building Inspector or his designee may enter a lot on which a solar energy system has been approved for the purpose of compliance with any requirements or conditions. Twenty-four hours' advance notice by telephone to the owner/operator or designated contact person shall be deemed reasonable notice. Furthermore, a utility-scale solar energy system shall be inspected annually by a New York State-licensed professional engineer that has been approved by the Town or at any other time, upon a determination by the Town's Building Inspector that damage may have occurred. A copy of the inspection report shall be submitted to the Town Building Inspector. Any fee or expense associated with this inspection shall be borne entirely by the permit holder.

D. General complaint process. During construction, the Town Building Inspector can issue a stop order at any time for any violations of a special or building permit. After construction is complete, the permit holder of a utility-scale solar energy system shall establish a contact person, including name and phone number, for receipt of any complaint concerning any permit requirements.

E. Continued operation. A solar energy system shall be maintained in operational condition at all times, subject to reasonable maintenance and repair outages. Operational condition includes meeting all approval requirements and conditions. Further, the Building Inspector shall also have the right to request documentation from the owner for a solar energy system regarding the system's usage at any time.

F. Removal. All solar energy systems shall be dismantled and removed immediately from a lot when the special permit or approval has been revoked by the Town Board or the solar energy system has been deemed inoperative or abandoned by the Building Inspector for a period of more than 365 consecutive days at the cost of the owner. If the owner does not dismantle and remove said solar energy system as required, the Town Board may, after a hearing at which the owner shall be given an opportunity to be heard and present evidence, dismantle and remove said facility and place the cost of removal as a tax lien on said parcel.

G. Determination of abandonment or inoperability. A determination of the abandonment or inoperability of a solar energy system shall be made by the Town Building Inspector, who shall provide the owner with written notice by personal service or certified mail. Any appeal by the owner of the Building Inspector's determination of abandonment or inoperability shall be filed with the Town of Aurora Zoning Board of Appeals within 30 days of the Building Inspector causing personal service or mailing certified mail his written determination, and the Board shall hold a hearing on same. The filing of an appeal does not stay the following time frame unless the Zoning Board of Appeals or a court of competent jurisdiction grants a stay or reverses said determination. At the earlier of the 366 days from the date of determination of abandonment or inoperability without reactivation or upon completion of dismantling and removal, any approvals for the solar energy system shall automatically expire.

H. Application and annual fees.

(1) Utility-scale solar energy system. An applicant shall pay an initial application fee of $2,500 or such other amount as the Town Board may from time to time determine by resolution, at the time of filing its special permit and site plan application to cover the cost of processing and reviewing the application. If approved, the owner shall pay an annual fee of $1,000 or such other amount as the Town Board may from time to time determine by resolution to cover the cost of processing and reviewing the annual inspection report and for administration, inspections and enforcement.

(2) Site plan application for ground-mounted solar energy systems. An applicant shall pay the standard site plan review fee as determined from time to time by resolution of the Town Board.

(3) Fee for issuance of a building permit. In addition to any special permit or site plan application fee or utility-scale annual fee, an applicant shall pay a building permit fee for a:

(a) Building-mounted, ground-mounted, or rooftop-mounted solar energy system: as listed on the Town of Aurora approved Building Permit Fee Schedule or such other amount as the Town Board may from time to time determine by resolution.

(b) Utility-scale solar energy systems: As listed on the Town of Aurora approved Schedule of Fees or such other amount as the Town Board may from time to time determine by resolution.

I. Prior to the issuance of a building permit, the applicant shall document that all applicable federal, state, county, and local permits have been obtained.

J. Special use permits for a utility-scale solar energy system granted under this chapter shall be issued only following a public hearing held as required for special use permits under the New York State Town Law.

K. The Town Board may:

(1) For utility-scale solar energy systems, grant a special use permit, deny a special use permit, or grant a special use permit with written stated conditions. Denial of a special use permit shall be by written decision based upon substantial evidence considered by the Town Board. Upon issuance of a special use permit, the applicant shall obtain a building permit for the utility-scale solar energy system.

(2) For ground-mounted solar energy systems when review is required by the Town Board pursuant to this chapter, grant site plan approval, deny site plan approval or grant site plan approval with written stated conditions. Denial of site plan approval shall be by written decision based upon substantial evidence considered by the Town Board. Upon issuance of a site plan approval, the applicant shall obtain a building permit for the ground-mounted solar energy system.

L. Any changes or alterations post construction to a utility-scale or ground-mounted solar energy system shall be done only by amendment to the special use permit and/or site plan (if required) subject to all requirements of this Code.

M. Special use permits for utility-scale solar energy systems shall be assignable or transferable so long as they are in full compliance with this chapter and all the conditions and the Building Inspector is notified in writing at least 15 days prior thereto.

N. In addition to the requirements of this chapter, the special use permit application shall be subject to any other site plan approval requirements set forth in the Zoning Law.[1]

[1] Editor's Note: See Ch. 116, Zoning.