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Town of Aurora | Town Board Meeting | April 13, 2026 building/structure of the zoning district in which it is located. (2) The location of said solar energy system shall only be located in the side or rear yard. (3) The height of said solar energy system shall not exceed 15 feet when oriented at maximum tilt. (4) The total surface area of said solar energy system on a lot shall not exceed 800 square feet per acre in an R-1, R-2, R-3 or RR. (5) The total surface area of a non-utility-scale said solar energy system on a lot situated in an Agriculture (A) and Commercial (C1, C2, and C3) District shall not exceed 5% of the total square footage of the entire lot. (6) The total surface area of a utility-scale solar energy system on a lot which is greater than two acres situated in Commercial (C1, C2, and C3) District shall not exceed 10% of the total square footage of the entire lot. D. Site plan requirements for ground-mounted solar energy systems. If site plan approval is required by this chapter for a ground-mounted solar energy system or a site plan is requested by the Building Inspector for any ground-mounted solar energy system, the applicant shall be required to submit a site plan in accordance with the Town of Aurora's site plan requirements and also drawn in sufficient detail as set forth below: (1) Plans and drawings of the solar energy system installation signed by a New York State-certified engineer or registered architect showing the proposal layout of the solar energy system along with a description of all components, existing vegetation, any proposed clearing and grading of the lot involved, any stormwater or erosion disturbances, and utility lines, both above and below the ground, on the site and adjacent to the site; (2) Property lot lines and the location and dimensions of all existing structures and uses within 500 feet of the solar panels. (3) Any proposed fencing and/or screening for said project. (4) Any such additional information as may be required by the Town's professional engineer or consultant, Town Board, Town Attorney, Building Inspector or other Town entity; and (5) A public hearing on said site plan may be waived by the Town Board. E. Solar storage batteries. When solar storage batteries are included as part of any solar energy system, they shall be placed in secure container or enclosure meeting the requirements of the New York State Building Code. F. All solar energy systems shall adhere to all applicable federal, state, county and Town of Aurora laws, regulations and building, plumbing, electrical, and fire codes. G. Any solar energy system shall be accessible for all emergency service vehicles and personnel complying with the requirements of the New York State Building Code. H. All structures and devices used to support solar collectors shall be nonreflective and/or painted a subtle or earth-tone color. I. The design, construction, operation, and maintenance of any solar energy system shall prevent the misdirection and/or reflection of solar rays onto neighboring properties, public roads, and public parks in excess of that which already exists. J. The development and operation of a solar energy system shall not have a significant adverse impact on fish, wildlife, or plant species or their critical habitats, or other significant habitats identified by the Town of Aurora or other federal or state regulatory agencies. K. Artificial lighting of any solar energy system shall be limited to lighting required for safety and operational purposes and shall be shielded from all neighboring properties and public roads. L. If the use of an approved solar energy system which required a special use permit is discontinued, the owner or operator shall notify the Building Inspector within 30 days of such discontinuance. If a solar energy system is to be retained and reused, the owner or operator shall further inform the Building Inspector of this in writing at such time and obtain any necessary approvals within one year, otherwise it shall be automatically deemed abandoned. M. Any solar energy system to be used strictly for agricultural use purposes in accordance with New York State Agriculture and Markets Law may have some of the requirements of this chapter waived by the Building Inspector or Town Board. SECTION 4. AMENDMENT NO. 2. Article II of Chapter 95A, Section 8 of the Code of the Town of Aurora originally adopted on March 13, 2017, is hereby repealed and amended as follows: SECTION 8. SPECIAL USE PERMIT CRITERIA. Special use permits issued for utility-scale solar energy systems shall meet the following conditions: A. Maximum lot area: The maximum lot area shall be 15 acres. B. Setbacks. In addition to the setback requirements of the underlying district, any utility-scale solar energy system shall adhere to the following setbacks: (1) A minimum 100 feet from all property lot lines bordering a residential (R) use district. (2) As regulated for accessory structures in the Commercial (C1, C2, and C3) uses in Chapter 116 of the Town Code. (3) From public roads and railroads: a minimum of 75 feet from any public road or railroad (measured from the road right-of-way or property line). (4) From schools, public parks: a minimum of 750 feet from all property lot lines bordering a school or public park. C. Maximum overall height. The height of a utility-scale solar energy system shall not exceed 15 feet when oriented at maximum tilt. D. There shall only be allowed one utility-scale solar energy systems per lot. E. A utility-scale solar energy system shall adhere to all applicable federal, state, county and Town of Aurora laws, regulations, building, plumbing, electrical, and fire codes. 15