New York State unified solar permit process.
The streamlined New York State unified solar permit process is available for approval for all residential solar photovoltaic system installations that meet the criteria listed below.
A. Has a rated DC capacity of 25 kW or less.
B. Is mounted on a permitted roof structure, on a legal accessory structure, or ground mounted on the applicant's property.
C. If the mounting structure is a sloped roof, the solar panels are mounted parallel to the roof surface.
D. The solar installation contractor complies with all licensing and other requirements of the Town of Henrietta, County of Monroe, and State of New York.
E. Does not need a zoning variance.
F. If the house is an historic property, or otherwise subject to an Architectural or Historical Review Board, the review has already been completed.
G. Theapplicant must complete the Town of Henrietta unified solar permit and submit it to the Department of Building and Fire Prevention, along with the associated fee, in order to obtain the necessary building permits to install or have installed a qualified solar system.
Decommissioning and abandonment.
A. All solar energy systems shall be decommissioned upon abandonment.
B. All large-scale solar arrays shall be decommissioned according to the approved decommissioning plan, including within the time frame established therein.
C. If no decommissioning timeline is established (i.e., via a decommissioning plan), a solar energy system shall be decommissioned no later than six months after abandonment. Applications for extensions to provisions in this subsection and for extensions related to abandonment may be made to and reviewed by the Town Board and may be granted up to a single six-month extension for good cause shown, all in the Town Board's discretion.
D. Should the owner and/or operator fail to decommission the solar energy system as required herein:
(1) The Town shall issue a notice to the owner/operator on file with the Town calling for a hearing before the Town Board. The owner/operator may present evidence at such hearing regarding the abandonment and decommissioning status of the solar energy system.
(2) If, after said hearing, the Town Board determines that the solar energy system is, in fact, abandoned, and the time to decommission it has expired, the Town Board may then order that the Town remove the solar energy system itself. In this case, the Town may utilize the proceeds from the bond provided as part of the decommissioning plan to pay for said decommissioning.
(3) If no bond is available or cannot otherwise be accessed, the Town may pay the costs of such decommissioning. The Town shall be reimbursed for such costs by assessment and levy upon real property associated with the solar energy system, and the expense so assessed shall constitute a lien and charge on the real property on which it is levied until paid or otherwise satisfied or discharged and shall be collected in the same manner and at the same time as other Town charges and charged the same as a lien against the subject property, which lien shall be levied against said property's taxes.
