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Town of Aurora | Town Board Meeting | April 13, 2026 NOW, THEREFORE, BE IT RESOLVED, that the Town Board adopts Local Law No. 5-2026, the “Solar Energy Systems Code of the Town of Aurora, Erie County, and State of New York”; and be it further RESOLVED, that the existing Article I of Chapter 95A “Solar Energy Systems” and Article II of Chapter 95A, Section 8 “Special Use Permit Requirements” are repealed and replaced as set forth in the Local Law; and be it further RESOLVED, that the Town Clerk is authorized to file the Local Law with the Secretary of State and take all actions necessary to effectuate this Resolution; and be it further RESOLVED, that this Resolution shall take effect immediately. TOWN OF AURORA LOCAL LAW NO. 5-2026 A LOCAL LAW, TO AMEND LOCAL LAW 1-1990 “ADOPTION OF CODE” ADOPTED BY THE TOWN BOARD OF THE TOWN OF AURORA ON JANUARY 22, 1990, BY REPEALING AND AMENDING ARTICLE I OF CHAPTER 95A “SOLAR ENERGY SYSTEMS”; AND ARTICLE II OF CHAPTER 95A, SECTION 8 “SPECIAL USE PERMIT REQUIREMENTS”. BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF AURORA AS FOLLOWS: SECTION 1. TITLE. This Local Law shall be known as Local Law No. 5 of the year 2026 and titled the “Solar Energy Systems Code of the Town of Aurora, Erie County, and State of New York.” SECTION 2. PURPOSE AND INTENT. The purpose of this local law is to repeal and amend Article I of Chapter 95A “Solar Energy Systems” and replace and enact a new Article I of Chapter 95A “Solar Energy Systems”; and repeal and amend Article II of Chapter 95A, Section 8 “Special Use Permit Requirements” and replace and enact a new Article II of Chapter 95A, Section 8 “Special Use Permit Requirements”. SECTION 3. AMENDMENT NO. 1. Article I of Chapter 95A of the Code of the Town of Aurora originally adopted on March 13, 2017, is hereby repealed and amend as follows: SECTION 1. PURPOSE. The Town finds that restrictions of regulations in regard to the use of land within the Town for solar power projects or private solar projects are appropriate to properly address community impact, concerns or issues in a manner in which is meaningful and consistent with the Comprehensive Plan of the Town. SECTION 2. FINDINGS. The Town Board of the Town of Aurora makes the following findings: A. The Town Board of the Town of Aurora recognizes that solar energy is a clean, readily available and renewable energy source, and the Town of Aurora intends to accommodate the use of solar energy systems. B. However, the Town Board finds a growing need to properly site solar energy systems within the boundaries of the Town of Aurora to protect residential, business areas and other land uses, to preserve the overall beauty, nature and character of the Town of Aurora, to promote the effective and efficient use of solar energy resources, and to protect the health, safety and general welfare of the citizens of the Town of Aurora. C. Prior to the adoption of this chapter, no specific procedures existed to address the siting of solar energy systems. Accordingly, the Town Board finds that the promulgation of this chapter is necessary to direct the location and construction of these systems. D. Solar energy systems need to be regulated for removal when no longer utilized. SECTION 3. DEFINITIONS. The following definitions shall apply to this chapter: APPLICANT The person or entity filing an application and seeking an approval under this chapter; the owner of a solar energy system or a proposed solar energy system project; the operator of a solar energy system or a proposed solar energy system project; any person acting on behalf of an applicant, solar energy system or proposed solar energy system. Whenever the term "applicant," "owner," or "operator" is used in this chapter, said term shall include any person acting as an applicant, owner or operator. BUILDING-MOUNTED SOLAR ENERGY SYSTEMS A solar energy system that is affixed to the side(s) of a building or other structure either directly or by means of support structures or other mounting devices, but not including those mounted to the roof or top surface of a building. Said system is designed and intended to generate energy primarily for on-site consumption. 13