SUPPORTING DOCUMENTS (2A-5J) (full text)
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Page 1
NOTICE OF PUBLIC HEARING
PLEASE TAKE NOTICE, that a public hearing will be held by the Town Board of the
Town of Aurora on the 13 day of April, 2026 at 6:30 PM at the Aurora Municipal
Center located at 575 Oakwood Avenue, East Aurora, New York, 14052, at
which the Draft SWMP Plan and 2026 MS4 Progress reports will be presented. All
interested parties are entitled to be heard upon said reports at said public
hearing. Copies of said proposed reports are available for review at the offices
of the Town Clerk during normal business hours and available on the Town
website www.townofaurorany.gov.
By Order of the Town Board of the Town of Aurora
Jeanne Viger
Town Clerk
Town of Aurora
Page 2
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Page 4
Agency Use Only [If applicable]
Project: |Chapter 35 Alarm Systems
Date:
_|
4/7/26
Short Environmental Assessment Form
Part 2 - Impact Assessment
Part 2 is to be completed by the Lead Agency.
Answer all of the following questions in Part 2 using the information contained in Part 1 and other materials submitted by
the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by
the concept “Have my responses been reasonable considering the scale and context of the proposed action?”
No, or Moderate
small to large
impact impact
m may
rx)
ca
occur occur
Will the proposed action create a material conflict with an adopted land use plan or zoning
regulations?
2. Will the proposed action result in a change in the use or intensity of use of land? [ ]
3. Will the proposed action impair the character or quality of the existing community? [|
4. Will the proposed action have an impact on the environmental characteristics that caused the C]
establishment of a Critical Environmental Area (CEA)?
5. Will the proposed action result in an adverse change in the existing level of traffic or C]
affect existing infrastructure for mass transit, biking or walkway? v
6. Will the proposed action cause an increase in the use of energy and it fails to incorporate [
reasonably available energy conservation or renewable energy opportunities?
7. Will the proposed action impact existing:
a. public / private water supplies? LI
b. public / private wastewater treatment utilities? [ |
8. Will the proposed action impair the character or quality of important historic, archaeological, CI]
architectural or aesthetic resources?
9. Will the proposed action result in an adverse change to natural resources (e.g., wetlands, CI
waterbodies, groundwater, air quality, flora and fauna)?
10. Will the proposed action result in an increase in the potential for erosion, flooding or drainage
problems? VI}
Il. Will the proposed action create a hazard to environmental resources or human health?
PRINT FORM Page 1 of 2
SEAF 2019
Page 5
Agency Use Only [If applicable]
Project:| Chapt 35 Alarm Sys
Date: 14/7/26
Short Environmental Assessment Form
Part 3 Determination of Significance
For every question in Part 2 that was answered “moderate to large impact may occur’, or if there is a need to explain why a
particular element of the proposed action may or will not result in a significant adverse environmental impact, please
complete Part 3. Part 3 should, in sufficient detail, identify the impact, including any measures or design elements that
have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency
determined that the impact may or will not be significant. Each potential impact should be assessed considering its setting,
probability of occurring, duration, irreversibility, geographic scope and magnitude. Also consider the potential for short-
term, long-term and cumulative impacts.
The updates to Chapter 35 Alarm Systems of the Code of the Town of Aurora are primarily clerical in nature and
have no impact on the environment.
[| Check this box if you have determined, based on the information and analysis above, and any supporting documentation,
that the proposed action may result in one or more potentially large or significant adverse impacts and an
environmental impact statement is required.
Check this box if you have determined, based on the information and analysis above, and any supporting documentation,
that the proposed action will not result in any significant adverse environmental impacts.
Town of Aurora
Name of Lead Agency Date
Charles D. Snyder Supervisor
Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer
CExabeth
Signature of Responsible Officer in Lead Agency SignQrire of Preparer (if differht from Responsible Officer)
PRINT FORM Page 2 of 2
Page 6
SEQRA LEAD AGENCY DETERMINATION
LOCAL LAW NO. ‘1 -2026
(CHAPTER 35, ALARM SYSTEMS)
WHEREAS, the Town Board of the Town of Aurora (the “Town Board”) has proposed Local
Law No. “L -2026 to repeal and replace Chapter 35 “Alarm Systems” of the Town Code; and
WHEREAS, the proposed Local Law regulates alarm systems to reduce false alarms and
improve the utilization of police, fire, and emergency response resources; and
WHEREAS, the proposed Local Law is subject to the State Environmental Quality Review Act
(“SEQRA”), 6 NYCRR Part 617, and does not appear on the Type Tor Type II Action lists,
making it an Unlisted Action; and
“WHEREAS, the Town Board is the only involved agency and has reviewed the Short
Environmental Assessment Form (“EAF’’) and the criteria in 6 NYCRR § 617.7(c);
NOW, THEREFORE, BE IT RESOLVED, that the Town Board declares itself Lead Agency
for SEQRA review of proposed Local Law No. <L_ -2026; and be it further
~ RESOLVED, that the proposed Local Law is classified as an Unlisted Action under SEQRA;
and be it further
RESOLVED, that based on its review of the EAF and the criteria in 6 NYCRR § 617.7(c), the
Town Board determines the proposed Local Law will not have a significant adverse
environmental impact and issues a Negative Declaration under 6 NYCRR § 617.7; and be it
further
RESOLVED, that this Resolution shall take effect immediately.
Page 7
ADOPTION OF LOCAL LAW NO. <L -2026
AZ
(CHAPTER 35, ALARM SYSTEMS)
WHEREAS, the Town Board of the Town of Aurora (the “Town Board”) has proposed Local
Law No. at -2026 to repeal and replace Chapter 35 “Alarm Systems” of the Town Code,
originally adopted February 14, 1994, and last amended May 27, 2003; and
WHEREAS, the proposed Local Law regulates alarm systems to reduce false alarms and
improve the utilization of police, fire, and emergency response resources, including provisions
for automatic cutoff requirements, false alarm fees, administrative review, and penalties; and
WHEREAS, the proposed Local Law includes a severability clause and takes effect upon filing
with the New York State Secretary of State under Section 27 of the Municipal Home Rule Law;
and
WHEREAS, a public hearing was duly held on March 23, 2026, and the Town Board, acting as
SEQRA Lead Agency, issued a Negative Declaration finding no significant adverse
environmental impact; and
WHEREAS, the Town Board has reviewed the proposed Local Law, public hearing comments,
and all relevant materials;
NOW, THEREFORE, BE IT RESOLVED, that the Town Board adopts Local Law No. —L -
2026, the “Alarm Systems Code of the Town of Aurora, Erie County, and State of New York”;
and be it further
RESOLVED, that the existing Chapter 35 “Alarm Systems” is 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.
Page 8
TOWN OF AURORA
LOCAL LAW INTRO&2026
LOCALLAWNO. 4% ___ - 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
RESCINDING CHAPTER 35 “ALARM SYSTEMS”.
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. Lt of the year 2026 and titled the
“Alarm 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 rescind Chapter 35 “Alarm Systems” and
replace and enact a new Chapter 35 “Alarm Systems”.
SECTION 3. AMENDMENT.
- Chapter 35 of the Code of the Town of Aurora originally adopted on February 14, 1994,
amended iin its entirety on May 27, 2003, is hereby repealed and rescinded. Chapter 35 of the Code of the ©
Town of Aurora originally adopted on February 14, 1994 is hereby repealed and replaced as follows:
SECTION 1. TITLE.
_. This chapter of the Aurora Town Code shall be known as the “Townof Aurora Alarm Code.” —
SECTION 2. PURPOSE.
The purpose of this chapter is to protect and promote the health, safety and general welfare of the
residents of the Town of Aurora by reducing the number of false alarms, via proprietary alarm
systems of fire, intrusion, holdup, emergency medical systems or other emergencies which
contribute to ineffective utilization of police and fire and emergency response agencies. Such
emergency responses are susceptible to high accident rates, interfere with genuine emergencies
(responses) and produce unnecessary alarm noise to the surrounding community.
SECTION 3. DEFINITIONS.
For the purpose of this chapter, the following words and phrases shall have the meanings
respectively ascribed to them by this section:
ALARM SYSTEM
A device or an assembly of equipment which is designed to detect smoke, abnormal
Page 9
rise in temperature, fire, water flow, medical emergency or an entry into or exit from
a building, structure or facility or a holdup alarm and, by reason thereof, emits an
audible response intended to alert persons outside of the premises and/or transmit a
signal or message to an emergency agency, either directly or through a private or
commercial relay facility.
AUTOMATIC DIALER
A device that automatically dials and relays a prerecorded message to an emergency
agency or to a commercial relay facility. | |
EMERGENCY AGENCY |
The Police Department or Fire Department, Central Fire Alarm Office, Emergency
Medical Services (EMS), or other emergency dispatch center.
FALSE ALARM
An activation of an alarm system where either an emergency situation does not exist
or the activator does not have a reasonable basis to believe that an emergency situation
does exist.
SECTION 4. EXISTING ALARM SYSTEMS.
The owners and lessees of premises having existing alarm system shall comply with §35-5 and §35-6 of
this chapter within 90 days of the effective date described in §35-14.
SECTION 5. AUTOMATIC CUTOFF SYSTEM.
A. No person shall install or maintain an external alarm system which does not
contain an operational automatic cutoff system which turns off the external
audible alarm once activated after a period not to exceed 10 minutes.
B. An automatic dialer connected directly to an emergency agency shall
automatically disconnect and/or terminate its message after the message has been
transmitted a maximum of two times. Notwithstanding the foregoing, however,
the total transmission time of all messages shall not exceed five minutes.
SECTION 6. DIRECT COMMUNICATION TO EMERGENCY AGENCY.
There shall be no automatic alarm system with direct communication to any type of an
emergency agency without prior written authorization from the emergency agency
where the alarm terminates.
SECTION 7. CHARGES FOR FALSE ALARMS.
Page 10
An owner or lessee of real property to which an emergency agency responds as a result of a false alarm
shall pay a fee for each such response in each calendar year as follows:
D. Police Department response.
(4) First false alarm response: no charge.
(5) Second false alarm response: $50.
(6) Third or more false alarm responses: $100 each.
E. Fire Department response.
(4) First false alarm response: no charge.
(5) Second false alarm response: $50.
(6) Third or more false alarm responses: $100 each.
F. EMS response.
(4) First false alatm response: no charge.
(5) Second false alarm response: $50.
(6) Third or more false alarm responses: $100 each.
SECTION 8. NOTICE OF EXCESSIVE USE.
The owner or lessee of real property which received an emergency response by reason of a false
alarm shall be notified, in writing, by means of first-class mail, of all false alarms, including police
alarms, fire alarms, and/or EMS alarms, in a calendar year. The letter shall inform the owner or
lessee of the times and types of emergency responses provided to the address location and, where
applicable, contain a copy of the Alarm Code and notify the owner or lessee .of any charges due
pursuant to §35-7 of this chapter.
SECTION 9. ADMINISTRATIVE REVIEW.
The Chief of Police whose jurisdiction iis the Town of Aurora, or his designee, and/ or the Code Enforcement
Officer of the Town of Aurora, or his designee, shall establish a policy and procedure whereby an owner
of real property or lessee thereof on which an alarm system has been installed and who has been notified of
a false alarm may present evidence as to why any such alarm should not be classified as a false alarm. The
Chief of Police, or his designee, and/or the Code Enforcement Officer, or his designee, shall designate one
or more members of their departments, which may include themselves, not to exceed three in total, to
receive such evidence and make recommendations and findings of fact concerning such classification. The
Chief of Police, or his designee, and/or the Code Enforcement Officer, or his designee, shall make the final
determination concerning a classification, which determination shall be reviewable only pursuant to
procedures under Article 78 of the New York Civil Practice Law and Rules. To challenge the classification
of an alarm as a false alarm, the real property owner or lessee thereof shall, in writing, notify the Chief of
Police and/or the Code Enforcement Officer within 10 days after receipt of notice of the alarm, which will
be presumed to have been received three days after mailing pursuant to §35-8 of this chapter. The failure
to give such timely notice shall be deemed a waiver of the right to review any such determination.
SECTION 10. PAYMENT OF CHARGES.
Page 11
Charges for false alarms shall be paid to the Town Clerk of the Town of Aurora at the Aurora Municipal
Center, within 30 days of the mailing date of any notice provided pursuant to §35-8 of this chapter.
SECTION 11. FAILURE TO REMIT CHARGES.
Failure of a real property owner or lessee of property on which an alarm system is installed to pay
any false alarm charges, as defined in §35-7 of this chapter, within 30 days of the mailing date of
a notice of the amount due provided pursuant to §35-8 of this chapter shall be deemed a violation
of this chapter and may result in said real property owner or lessee, as the case may be, being
served with a summons.
SECTION 12. ENFORCEMENT.
The Chief of Police shall enforce this chapter for alarm systems which detect intrusions or holdup
alarms at a building, structure or facility. The Code Enforcement Officer shall enforce this chapter
for alarm systems which detect smoke, fire, water flow or abnormal rate of rise in temperature or
emergency medical systems. If both Police Department and Fire Department alarms are activated,
the Code Enforcement Officer will enforce this chapter.
SECTION 13. PENALTIES FOR OFFENSES.
Any person or persons, association or corporation committing an offense against this chapter or
any section or provision thereof is guilty of a violation punishable by a fine not exceeding $250 or
imprisonment for a period not exceeding 15 days for each such offense, or by both such fine and
imprisonment.
SECTION 14. EFFECTIVE DATE
This chapter shall become effective on the latter of the first day of March 1994 or its proper filing
with the Secretary of State of New York in a manner consistent with §27 of the New York
Municipal Home Rule Law.
SECTION 4. SEVERABILITY.
If any part or provision of this Local Law or the application thereof to any person or circumstances be
adjusted invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to
the part or provision or application directly involved in the controversy in which such judgment shall have
been rendered and shall not affect or impair the validity of the remainder of this Local Law or the application
thereof to other persons or circumstances and the Town Board of the Town of Aurora hereby declares that
it would have passed this Local Law or the remainder thereof had such invalid application or invalid
provision been apparent.
SECTION 5. EFFECTIVE DATE
This local law shall take effect immediately upon filing in the office of the New York State Secretary of
Page 12
Agency Use Only [If applicable}
Project: |Chapter 87 Ponds
Date: 4/7/26
Short Environmental Assessment Form fh B
Part 2 - Impact Assessment
Part 2 is to be completed by the Lead Agency.
Answer all of the following questions in Part 2 using the information contained in Part 1 and other materials submitted by
the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by
the concept “Have my responses been reasonable considering the scale and context of the proposed action?”
No, or Moderate
small to large
impact impact
may
o o0:
ST CSI CSTE
1. Will the proposed action create a material conflict with an adopted land use plan or zoning
regulations?
2. Will the proposed action result in a change in the use or intensity of use of land?
S ECS )
o
3. Will the proposed action impair the character or quality of the existing community?
Ho ooogooo
4. Will the proposed action have an impact on the environmental characteristics that caused the
OSHI
establishment of a Critical Environmental Area (CEA)?
5. Will the proposed action result in an adverse change in the existing level of traffic or
affect existing infrastructure for mass transit, biking or walkway?
ESSA
6. Will the proposed action cause an increase in the use of energy and it fails to incorporate
reasonably available energy conservation or renewable energy opportunities?
7. Will the proposed action impact existing:
a. public / private water supplies?
b. public / private wastewater treatment utilities?
8. Will the proposed action impair the character or quality of important historic, archaeological,
architectural or aesthetic resources?
9. Will the proposed action result in an adverse change to natural resources (e.g., wetlands,
waterbodies, groundwater, air quality, flora and fauna)?
10. Will the proposed action result in an increase in the potential for erosion, flooding or drainage
problems?
11. Will the proposed action create a hazard to environmental resources or human health?
PRINT FORM Page 1 of 2
SEAF 2019
Page 13
Agency Use Only [If applicable]
Project:|Chapter 87 Ponds
Date: 14/7/26
Short Environmental Assessment Form
Part 3 Determination of Significance
For every question in Part 2 that was answered “moderate to large impact may occur”, or if there is a need to explain why a
particular element of the proposed action may or will not result in a significant adverse environmental impact, please
complete Part 3. Part 3 should, in sufficient detail, identify the impact, including any measures or design elements that
have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency
determined that the impact may or will not be significant. Each potential impact should be assessed considering its setting,
probability of occurring, duration, irreversibility, geographic scope and magnitude. Also consider the potential for short-
term, long-term and cumulative impacts.
The update to Chapter 87 Ponds of the Code of the Town of Aurora removes the permit fee from the code. This
change has no impact on the environment.
[| Check this box if you have determined, based on the information and analysis above, and any supporting documentation,
that the proposed action may result in one or more potentially large or significant adverse impacts and an
environmental impact statement is required.
Check this box if you have determined, based on the information and analysis above, and any supporting documentation,
that the proposed action will not result in any significant adverse environmental impacts.
Town of Aurora
Name of Lead Agency Date
Charles D. Snyder Supervisor
Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer
CExqabheth
Signature of Responsible Officer in Lead Agency Sigr@uire of Preparer (if differnt from Responsible Officer)
PRINT FORM Page 2 of 2
Page 14
SEQRA LEAD AGENCY DETERMINATION
LOCAL LAW NO. Z -2026
(CHAPTER 87, PONDS)
WHEREAS, the Town Board of the Town of Aurora (the “Town Board”) has proposed Local
Law No. % -2026 to repeal and replace Section 2 of Chapter 87 “Ponds” of the Town Code; and
WHEREAS, the proposed Local Law updates permit requirements, construction standards,
setbacks, and inspection provisions for ponds in the Town of Aurora; and
WHEREAS, the proposed Local Law is subject to the State Environmental Quality Review Act
(“SEQRA”), 6 NYCRR Part 617, and does not appear on the Type I or “Type II Action lists,
making it an Unlisted Action; and
WHEREAS, the Town Board is the only involved agency and has reviewed the Short
Environmental Assessment Form (“EAF”) and the criteria in 6 NYCRR § 617.7(c);
NOW, THEREFORE, BE IT RESOLVED, that the Town Board declares itself Lead Agency
for SEQRA review of proposed Local Law No. Z -2026; and be it further
RESOLVED, that the proposed Local Law is classified as an Unlisted Action under SEQRA;
and be it further
RESOLVED, that based on its review of the EAF and the criteria in 6 NYCRR § 617.7(c), the
Town Board determines the proposed Local Law will not have a significant adverse
environmental impact and issues a Negative Declaration under 6 NYCRR § 617.7; and be it
further
RESOLVED, that this Resolution shall take effect immediately.
Page 15
SBZ
ADOPTION OF LOCAL LAW NO. Z -2026
(CHAPTER 87, PONDS)
WHEREAS, the Town Board of the Town of Aurora (the “Town Board”) has proposed Local
Law No. Z_-2026 to repeal and replace Section 2 of Chapter 87 “Ponds” of the Town Code,
originally adopted January 13, 2003; and
WHEREAS, the proposed Local Law updates pond permit requirements, construction standards
including NRCS/SWCD conformance or professional engineer approval, site plan requirements,
setbacks, drainway standards, maintenance obligations, and inspection provisions; and
WHEREAS, the proposed Local Law includes a severability clause and takes effect upon filing
with the New York State Secretary of State under Section 27 of the Municipal Home Rule Law;
and
WHEREAS, a public hearing was duly held on March 23, 2026, and the Town Board, acting as
SEQRA Lead Agency, issued a Negative Declaration finding no significant adverse
environmental impact; and
WHEREAS, the Town Board has reviewed the proposed Local Law, public hearing comments,
and all relevant materials;
NOW, THEREFORE, BE IT RESOLVED, that the Town Board adopts Local Law No. Z -
2026, the “Ponds Code of the Town of Aurora, Erie County, and State of New York”; and be it
further
RESOLVED, that the existing Section 2 of Chapter 87 “Ponds” is 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.
Page 16
TOWN OF AURORA
LOCAL LAW INTRO4-2026
LOCALLAWNO. © _ -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
RESCINDING CHAPTER 87 “PONDS” SECTION 2 “PERMIT REQUIRED; CONSTRUCTION
REQUIREMENTS; MAINTENANCE; INSPECTION”.
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. & of the year 2026 and titled the
“Ponds 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 rescind Chapter 87 Section 2 “Permit required;
construction requirements; maintenance; inspection” and replace as described herein.
SECTION 3. AMENDMENT.
Chapter 87, Section 2 of the Code of the Town of Aurora originally adopted on January 13, 2003 is hereby
repealed and replaced as follows:
SECTION 2. PERMIT REQUIRED; CONSTRUCTION REQUIREMENTS; MAINTENANCE;
INSPECTION.
A. A building permit pursuant to this chapter must be issued prior to construction, at a fee set by the
Town Board by resolution.
(1) All new ponds shall either:
(a) Conform to the requirements of and be approved by the U.S. Department of
Agriculture, Natural Resource Conservation Service (NRCS), or the Erie County
Soil and Water Conservation District (SWCD), or their successor agencies; or
(b) Be designed and sealed by a licensed professional engineer or landscape
architect.
(2) Site plan. All pond building permit applications shall be accompanied by a site plan, drawn
to scale, showing the total acreage of the property, property lines, existing features and
structures (i.e., dwellings, accessory structures, drives, septic fields, wells, floodplains,
wetlands, streams and topographical features), and the proposed pond location.
(3) Pond site plan approval shall be by the Town Code Enforcement Officer.
(4) A pond shall not be constructed within 50 feet of any property lines nor within 100 feet of
existing or proposed septic fields or sewage disposal systems. If a subdivision of the site
occurs, the fifty-foot setback requirement remains.
(5) Pond drainways shall flow to a natural stream, creek or other suitable outlet. Man-made
ditches may be utilized to effect this and avoid flowing onto neighboring property.
B. New and preexisting ponds shall be maintained so as to assure that they do not become offensive
to neighboring properties by reason of leaking.
C. The Town of Aurora reserves the right to have a representative enter onto the property to review
Page 17
pond construction and investigate any complaints concerning pond construction or leakage onto
neighboring property.
SECTION 4. SEVERABILITY.
If any part or provision of this Local Law or the application thereof to any person or circumstances be
adjusted invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to
the part or provision or application directly involved in the controversy in which such judgment shall have
been rendered and shall not affect or impair the validity of the remainder of this Local Law or the application
thereof to other persons or circumstances and the Town Board of the Town of Aurora hereby declares that
it would have passed this Local Law or the remainder thereof had such invalid application or invalid
provision been apparent.
SECTION 5. EFFECTIVE DATE
This local law shall take effect immediately upon filing in the office of the New York State Secretary of
State in accordance with section 27 of the Municipal Home Rule Law.
Page 18
Agency Use Only [If applicable]
Project: |Chapter 93 Sewers
Date: {4/7/26
Short Environmental Assessment Form C is ]
Part 2 - Impact Assessment ,
Part 2 is to be completed by the Lead Agency.
Answer all of the following questions in Part 2 using the information contained in Part 1 and other materials submitted by
the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by
the concept “Have my responses been reasonable considering the scale and context of the proposed action?”
No, or Moderate
small to large
impact impact
may may
1. Will the proposed action create a material conflict with an adopted land use plan or zoning
ooloooooojoooo0:
regulations?
A eS SRSA'S ATS!
2. Will the proposed action result in a change in the use or intensity of use of land?
3. Will the proposed action impair the character or quality of the existing community?
4. Will the proposed action have an impact on the environmental characteristics that caused the
establishment of a Critical Environmental Area (CEA)?
5. Will the proposed action result in an adverse change in the existing level of traffic or
affect existing infrastructure for mass transit, biking or walkway?
6. Will the proposed action cause an increase in the use of energy and it fails to incorporate
reasonably available energy conservation or renewable energy opportunities?
7. Will the proposed action impact existing:
a. public / private water supplies?
b. public / private wastewater treatment utilities?
8. Will the proposed action impair the character or quality of important historic, archaeological,
architectural or aesthetic resources?
9. Will the proposed action result in an adverse change to natural resources (e.g., wetlands,
waterbodies, groundwater, air quality, flora and fauna)?
10. Will the proposed action result in an increase in the potential for erosion, flooding or drainage
problems?
11. Will the proposed action create a hazard to environmental resources or human health?
PRINT FORM Page 1 of 2
SEAF 2019
Page 19
Agency Use Only [If applicable]
Project:|Chapter 93 Sewers
Date: 14/7/26
Short Environmental Assessment Form
Part 3 Determination of Significance
For every question in Part 2 that was answered “moderate to large impact may occur”, or if there is a need to explain why a
particular element of the proposed action may or will not result in a significant adverse environmental impact, please
complete Part 3. Part 3 should, in sufficient detail, identify the impact, including any measures or design elements that
have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency
determined that the impact may or will not be significant. Each potential impact should be assessed considering its setting,
probability of occurring, duration, irreversibility, geographic scope and magnitude. Also consider the potential for short-
term, long-term and cumulative impacts.
The changes to Chapter 93 Sewers of the Code of the Town of Aurora are clerical in nature and do not impact the
environment.
[| Check this box if you have determined, based on the information and analysis above, and any supporting documentation,
that the proposed action may result in one or more potentially large or significant adverse impacts and an
environmental impact statement is required.
Check this box if you have determined, based on the information and analysis above, and any supporting documentation,
that the proposed action will not result in any significant adverse environmental impacts.
Town of Aurora
Name of Lead Agency Date
Charles D. Snyder Supervisor
Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer
CExabeth. Cassidy,
Signature of Responsible Officer in Lead Agency Sign@fare of Preparer (if differgat from Responsible Officer)
PRINT FORM Page 2 of 2
Page 20
SEQRA LEAD AGENCY DETERMINATION
LOCAL LAW NO. 3 -2026
(CHAPTER 93, SEWERS)
WHEREAS, the Town Board of the Town of Aurora (the “Town Board”’) has proposed Local
Law No. 3. -2026 to amend Article I of Chapter 93 “Sewers,” Section 1 “Definitions” of the
Town Code; and
WHEREAS, the proposed Local Law redefines “Superintendent” to mean the Superintendent of
Highways of the Town of Aurora; and
WHEREAS, the proposed Local Law is subject to the State Environmental Quality Review Act
(““SEQRA”), 6 NYCRR Part 617, and does not appear on the Type I or Type I Action lists,
making it an Unlisted Action; and |
WHEREAS, the Town Board is the only involved agency and has reviewed the Short
Environmental Assessment Form (‘““EAF’’) and the criteria in 6 NYCRR § 617:7(c);
NOW, THEREFORE, BE IT RESOLVED, that the Town Board declares itself Lead Agency
for SEQRA review of proposed Local Law No. 3 -2026; and be it further
RESOLVED, that the proposed Local Law is classified as an Unlisted Action under SEQRA;
and be it further
RESOLVED, that based on its review of the EAF and the criteria in 6 NYCRR § 617.7(c), the
Town Board determines the proposed Local Law will not have a significant adverse _
environmental impact and issues a Negative Declaration under 6 NYCRR § 617.7; and be it
further
~ RESOLVED, that this Resolution shall take effect immediately.
Page 21
ADOPTION OF LOCAL LAW NO. <3 -2026
SCZ
(CHAPTER 93, SEWERS)
WHEREAS, the Town Board of the Town of Aurora (the “Town Board”) has proposed Local
Law No. JS. -2026 to amend Article I of Chapter 93 “Sewers,” Section 1 “Definitions” of the
Town Code, originally adopted March 13, 1989; and
WHEREAS, the proposed Local Law amends the definition of “Superintendent” to mean the
Superintendent of Highways of the Town of Aurora; and
WHEREAS, the proposed Local Law includes a severability clause and takes effect upon filing
with the New York State Secretary of State under Section 27 of the Municipal Home Rule Law;
and
WHEREAS, a public hearing was duly held on March 23, 2026, and the Town Board, acting as
SEQRA Lead Agency, issued a Negative Declaration finding no significant adverse
environmental impact; and
WHEREAS, the Town Board has reviewed the proposed Local Law, public hearing comments,
and all relevant materials;
NOW, THEREFORE, BE IT RESOLVED, that the Town Board adopts Local Law No.9 | -
2026, the “Sewers Code of the Town of Aurora, Erie County, and State of New York’; and be it
further
RESOLVED, that Article I of Chapter 93 “Sewers,” Section 1 “Definitions” is amended 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.
Page 22
TOWN OF AURORA
LOCAL LAW INTROY-2026
LOCAL LAW NO. 4 __ ~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 AMENDING
ARTICLE I CHAPTER 93 “SEWERS” SECTION 1 “DEFINITIONS”.
BEIT 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
“Sewers 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 amend Article 1 of Chapter 93, Section 1 “Definitions”.
SECTION 3. AMENDMENT.
Article 1 of Chapter 93, Section 1 of the Code of the Town of Aurora originally adopted on March 13, 1989
is hereby amended as follows:
SECTION 1. DEFINITIONS.
A. The definition of ‘Superintendent’ in Section 1 of the Sewer Code is hereby amended to include
the word ‘Highways.’ The revised definition shall read as follows:
SUPERINTENDENT
Superintendent: The Superintendent of Highways of the Town of Aurora.
SECTION 4. SEVERABILITY.
If any part or provision of this Local Law or the application thereof to any person or circumstances be
adjusted invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to
the part or provision or application directly involved in the controversy in which such judgment shall have
been rendered and shall not affect or impair the validity of the remainder of this Local Law or the application
thereof to other persons or circumstances and the Town Board of the Town of Aurora hereby declares that
it would have passed this Local Law or the remainder thereof had such invalid application or invalid
provision been apparent.
SECTION 5. EFFECTIVE DATE
This local law shall take effect immediately upon filing in the office of the New York State Secretary of
State in accordance with section 27 of the Municipal Home Rule Law.
Page 23
Agency Use Only [If applicable]
Project: |Chapter 95 Site Plan |
Date: 4/7/26
——
Short Environmental Assessment Form — b+
Part 2 - Impact Assessment
Part 2 is to be completed by the Lead Agency.
Answer all of the following questions in Part 2 using the information contained in Part 1 and other materials submitted by
the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by
the concept “Have my responses been reasonable considering the scale and context of the proposed action?”
No, or Moderate
small to large
impact impact
may
o 8:
KS GSP ACSI eS] f6S) [oS] GSS UCST [cS] cS] CSE
1. Will the proposed action create a material conflict with an adopted land use plan or zoning
regulations?
000
2. Will the proposed action result in a change in the use or intensity of use of land?
3. Will the proposed action impair the character or quality of the existing community?
oo doodo00
4. Will the proposed action have an impact on the environmental characteristics that caused the
establishment of a Critical Environmental Area (CEA)?
5. Will the proposed action result in an adverse change in the existing level of traffic or
affect existing infrastructure for mass transit, biking or walkway?
6. Will the proposed action cause an increase in the use of energy and it fails to incorporate
reasonably available energy conservation or renewable energy opportunities?
7. Will the proposed action impact existing:
a. public / private water supplies?
b. public / private wastewater treatment utilities?
8. Will the proposed action impair the character or quality of important historic, archaeological,
architectural or aesthetic resources?
9. Will the proposed action result in an adverse change to natural resources (e.g., wetlands,
waterbodies, groundwater, air quality, flora and fauna)?
10. Will the proposed action result in an increase in the potential for erosion, flooding or drainage
problems?
11. Will the proposed action create a hazard to environmental resources or human health?
PRINT FORM Page 1 of 2
SEAF 2019
Page 24
Agency Use Only [If applicable]
Project:| Chapt 95 Site Plan
Date: 14/7/26
Short Environmental Assessment Form
Part 3 Determination of Significance
For every question in Part 2 that was answered “moderate to large impact may occur’, or if there is a need to explain why a
particular element of the proposed action may or will not result in a significant adverse environmental impact, please
complete Part 3. Part 3 should, in sufficient detail, identify the impact, including any measures or design elements that
have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency
determined that the impact may or will not be significant. Each potential impact should be assessed considering its setting,
probability of occurring, duration, irreversibility, geographic scope and magnitude. Also consider the potential for short-
term, long-term and cumulative impacts.
The changes to Chapter 95 Site Plan of the Code of the Town of Aurora are clerical in nature and do not impact the
environment.
[| Check this box if you have determined, based on the information and analysis above, and any supporting documentation,
that the proposed action may result in one or more potentially large or significant adverse impacts and an
environmental impact statement is required.
Check this box if you have determined, based on the information and analysis above, and any supporting documentation,
that the proposed action will not result in any significant adverse environmental impacts.
Town of Aurora
Name of Lead Agency Date
Charles D. Snyder Supervisor
Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer
Chxabeth. Cassidy,
Signature of Responsible Officer in Lead Agency Sign@ire of Preparer (if differgat from Responsible Officer)
PRINT FORM Page 2 of 2
Page 25
SEQRA LEAD AGENCY DETERMINATION
LOCAL LAW NO. 4 -2026
(CHAPTER 95, SITE PLAN REVIEW)
WHEREAS, the Town Board of the Town of Aurora (the “Town Board’) has proposed Local
Law No. 4 -2026 to repeal and replace Chapter 95 “Site Plan Review” of the Town Code; and
WHEREAS, the proposed Local Law updates site plan review procedures, submission
requirements, waiver provisions, and decision-making processes to ensure development aligns
with community standards, environmental protection, and public welfare; and
WHEREAS, the proposed Local Law is subject to the State Environmental Quality Review Act
(“SEQRA”), 6 NYCRR Part 617, and does not appear on the Type I or Type II Action lists,
making it an Unlisted Action; and
WHEREAS, the Town Board is the only involved agency and has reviewed the Short .
. Environmental Assessment Form (“EAF’’) and the criteria in 6 NYCRR § 617.7(c);
NOW, THEREFORE, BE IT RESOLVED, that the Town Board declares itself Lead Agency
for SEQRA review of proposed Local Law No. t- 2026; and be it further
RESOLVED, that the proposed Local Law is classified as an Unlisted Action under SEQRA;
and be it further
RESOLVED, that based on its review of the EAF and the criteria in 6 NYCRR § 617.7(c), the
Town Board determines the proposed Local Law will not have a significant adverse
environmental impact and issues a Negative Declaration under 6 NYCRR § 617.7; and be it
further
RESOLVED, that this Resolution shall take effect immediately. _
Page 26
- ODZ
(CHAPTER 95, SITE PLAN REVIEW)
WHEREAS, the Town Board of the Town of Aurora (the “Town Board’) has proposed Local
Law No. 4 -2026 to repeal and replace Chapter 95 “Site Plan Review” of the Town Code,
originally adopted January 11, 1999; and
WHEREAS, the proposed Local Law establishes updated site plan review regulations, including
applicability and exceptions, review procedures, submission requirements, waiver provisions,
and decision and filing procedures; and
WHEREAS, the proposed Local Law includes a severability clause and takes effect upon filing
with the New York State Secretary of State under Section 27 of the Municipal Home Rule Law;
and
WHEREAS, a public hearing was duly held on March 23, 2026, and the Town Board, acting as
SEQRA Lead Agency, issued a Negative Declaration finding no significant adverse
environmental impact; and
WHEREAS, the Town Board has reviewed the proposed Local Law, public hearing comments,
and all relevant materials;
NOW, THEREFORE, BE IT RESOLVED, that the Town Board adopts Local Law No. + .
2026, the “Site Plan Review Code of the Town of Aurora, Erie County, and State of New York”;
and be it further
RESOLVED, that the existing Chapter 95 “Site Plan Review” is 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.
Page 27
_ TOWN OF AURORA
LOCAL LAW INTRO ‘2026
LOCAL LAW NO. bb _ - 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
RESCINDING CHAPTER 95 “SITE PLAN REVIEW”.
BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF AURORA AS FOLLOWS:
SECTION 1. TITLE. | a |
This Local Law shall be known as Local Law No. * uf the year 2026 and titled the “Site
Plan Review 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 rescind Chapter 95 “Site Plan Review” and
replace and enact a new Chapter 95 Site Plan Review.
SECTION 3. AMENDMENT.
Chapter 95 of the Code of the Town of Auroraa originally adopted on J anuary 11, 1999, is hereby repealed
and rescinded as follows: »
SECTION1. INTENT.
The intent of a site plan review is as follows:
H. To evaluate the intended building design in its arrangement to and its suitability to natural site
conditions and the compatibility with surrounding land uses.
I. To permit the Town of Aurora to analyze development proposals in terms of their impacts on local
growth and the need for facilities and services. ;
J. To protect and provide for the public health, safety and general welfare of the Town.
K: To conform with current Zoning, the Official Map, and Comprehensive Plan, if:Pany, how or in the
future. | :
L. To protect the value of land throughout the Municipality, to encourage orderly and beneficial
~ development:upon the land, and to minimize ‘Misunderstanding ini the interpretation of intended
land uses set forth in current zoning restrictions.
M. To prevent the pollution of air and water, to assure the adequacy of proper drainage methods, and
to safeguard the natural water table through responsible sewage removal/treatment. -
N. To provide for the preservation of open spaces through the most efficient design and layout of
buildings, including but not limited to the use of cluster development of buildings on a parcel of
land.
SECTION 2. APPLICABILITY; EXCEPTIONS.
Page 28
D. All applications for building permits shall be accompanied by a site plan as approved by the Town
Board, based on the review and recommendations of the Town Planning Board and, if appropriate,
the Town’s Engineer, Highway Superintendent and/or Code Enforcement Officer and upon the
opinions and concerns brought up at a required public hearing(s), if any.
E. An approved site plan need not accompany an application for a building permit to construct any of
the following:
5. A one-family or two-family dwelling and its permitted accessory uses or structures.
6.. A commercial improvement, either in the form of an addition to an existing structure or the
construction of a new structure, which upon completion, will be less than 2,500 square feet.
. Notwithstanding this. exception, if an applicant, during any three-year period, has engaged
in a series of small improvements on his, her, or its property which, in the opinion of the
Code Enforcement Officer, are intended to circumvent the requirements for a site plan
review, Code Enforcement Officer.may, in his or her reasonable judgement view all of
those improvements in the aggregate in, determining whether or not any such improvement
or improvements would be excluded from the requirement of a site plan because of the
amount of improved square footage involved. — a
7. Improvements on agricultural properties or farms within the Town of Aurora which would
either not otherwise be subject to the issuance of a building permit. or which are located in
the rear of existing improvements, provided that such improvements are 2 located ona parcel
of land of 10 acres or more.
: 8.. Construction for the purposes of accessibility: ee -
F. Notwithstanding any other provision contained in this 595-2, a site plan review will be required for
any commercial improvement constructed on a property which immediately adjoins or is directly
across the street from or is within 500’ of a property which is zoned residential by the Town
SECTION 3. REVIEW PROCEDURES.
M. Upon applying for: a building permit which requires a site plan: review, the. Code Enforcement
. Officer will advise the applicant of the specific: materials which need to be submitted to the
Planning Board and/or Town Board for review. This step is designed to save the applicant
from possible future delays. The Code Enforcement Officer will review the basic site design
concept and advise. the applicant as.to potential problems and concerns and will assist the
applicant in determining the information needed to begin a preliminary site plan review. In
order to accomplish these objectives, the. applicant shall provide sketches of the proposed
development, together with an area map showing the location of the site in relation to
neighboring points of interest. .
N. At this time, the Town’s designated state environmental quality review (SEOR) officer will
decide if an environmental review is necessary.
O. All materials needed for a site plan review will be filed with the Code Enforcement Officer,
together with a completed site plan review application to be developed by and obtained from
the Code Enforcement Officer. A nonrefundable fee, the exact amount of which will be
established from time to time by resolution by the Town Board, shall be paid at that time to the
Town Clerk. Thereafter, the Code Enforcement Officer will distribute the application to the
Town Board for referral to the Planning Board, as well as to any other individuals, agencies or
bodies that may be appropriate for their review, report and recommendation.
Page 29
. Upon receiving the information required on the site plan submittal checklist (which is to be
attached to the site plan review application) and a complete set of plans, drawings, maps,
surveys and other materials deemed reasonably necessary and appropriate, the Planning Board
will review and make an initial assessment of materials and notify the applicant ‘of any
additional materials needed to complete the site plan review. If variations from the submission
requirements are to be granted, they will be mutually agreed upon by the applicant and the
Planning: Board at this initial consultation. This will be the preliminary stage. of the site plan
review. .
. To further aid ini 1 determining public opinion and concerns, an optional public hearing may, but
need not be, scheduled. by, the Planning Board within 45 days of receipt of a completed
application for site planreview. |
. The Planning Board shall act on such an application and notify the Town Board an applicant,
in writing, of its action, which shall be to recommend either the acceptance or rejection of an
application or the conditional acceptance of any application or the acceptance of an application
conditioned upon «certain changes in the proposed project or development.
. Final site plan approval or disapproval will be given by the Town Board following its receipt
of a written recommendation by the Planning Board to approve, disapprove, or approve with
modification an applicant’ ss site plan review application. Such a written recommendation shall
be made by the Planning Board within 60 days of any public hearing held by the Planning
Board or the submission of a completed site plan review application to the Planning Board.
. Any time limits set forth herein may be extended by mutual consent of the Planning Board
and/or Town Board and the applicant to allow all interested parties to comment upon or modify
any pending proposal. Notwithstanding the above, if the Town Board determines that it is in
the best interest of the Town to expedite the review and approval or disapproval of a pending
application, subject to the provisions of this chapter, the Town Board may notify the Planning
Board of this determination, in which event the Planning Board will make a written
recommendation to the Town Board to either accept a pending application without change, to
accept a pending application subject to certain changes, conditions or modifications or to reject
a pending application within 60 days of the date of the Town Board’s written request.
. Within 45 days of receiving a recommendation from the Planning Board, and to further aid in
determining public opinion and concerns, the Town Board shall schedule a public hearing.
. Within 45 days of, the public hearing, the Town Board shall approve, disapprove or approve
with modifications an applicant’s final site plan. In the event that the Town Board rules that
the site plan does not comply with Town standards or regulations or is unacceptable to the
Town Board for any other reason, then the record of such determination shall be delivered to
the applicant, including a separate statement setting forth, in as much detail as needed for the
applicant to understand the basis for such determination, the criteria used by the Twon Board
and others in the determination of disapproval.
. Upon approval by the Town Board, a complete final site plan 1review package will be sent to
the Code Enforcement Officer after which a building permit will be issued to the applicant if
he, she, or it complies with all other applicable rules and regulations.
. All costs incurred by the Planning Board and/or Town Board or other individuals involved in
the site plan review for consultation fees or other expenses in connection with the review
Page 30
procedure shall be charged to and paid by the applicant, 1in the Town’s discretion either before
or after they are incurred.
SECTION. 4. SUBMISSION REQUIREMENTS. .
C. The site plan submittal checklist will assist in providing the Town’s Planning Board with a
basis for reaching a final decision regarding the recommendation of a final site plan to the
Town Board for approval, disapproval or approval with modifications. An applicant’s
proposed site plan and all supporting data will be submitted by and bear the official and
signature ofa licensed architect, landscape architect, professional engineer ‘or land surveyor.
D. Site plan components, as allowed or required by state law, which will, to the extent deemed
appropriate, be considered by the Town Board, Planning |Board and others as ‘part of an analysis
of an applicant’s site plan will include the following: legal data, impact on the environs, natural
features, existing 1man-made features, proposed development, impact on stormwater pollution
and other information or materials. ‘If a stormwater pollution prevention plan (SWPPP) is
| submittéd pursuant to §95- 4B(6) of this chapter, such SWPPP shall be considered by the Town
oe Board, Planning Board and others as part of an analysis ofan applicant's site plan, and the site
| : plan and SWPPP shall not be approved unless they comply with the performance and design
a criteria and standards iin Chapter 96, Stormwater Management, of the Code. |
8 ‘Legal data’ :
i a ‘The name, , address, email and phone number of the applicant and authorization
Of the owner if different from the applicant; ‘the name and address of the
| 7 owner(s), of record, if different from the applicant; and the name, address,
. email and phone number of the person ©or firm preparing the site plan and any
‘related maps or sketches. |
b. Ownership intentions of the applicant others, such as future options, rights-of-
~ way etc.
z
c. “Current zoning classification of the property, including exact zoning boundary
' if in more than : one district.
d. Property boundary lines plotted to scale by a licensed surveyor, including
| distances, angles, North arrow, scale and date.
e. The locations, widths, elevations, and names of existing and proposed adjacent
"streets.
f. A description of all existing deed restrictions or covenants applying to the
| property.
g. ‘The identification and record of the application and approval status of all
necessary state and county permits as part of the final stage of any applicant’s
site plan review.
9. Impact of proposal on environs:
a. Relationship to:
ji. Adjacent and nearby land uses, both public and private.
ii. Existing and proposed traffic patterns.
iii. Existing and projected water supply, sewage disposal and similar
service capabilities
Page 31
iv. The community’s ability to provide adequate recreation, education
and fire protection.
Visual compatibility with surroundings.
ona°o0S
- Effect on air and water quality standards applicable to commercial site plans.
Effect on energy consumption and conservation.
Whether the designated lead agency deems the proposal to be significant
pursuant to the State Environmental Quality Review Act, in which event a
draft environmental impact statement, followed by an environmental impact
statement, will be required and reviewed.
10. Natural features:
a. Geological features, such as depth tcto bedrock and the locations of rock
outcrops. |
b. Topographical features; including a map showing existing contour intervals of
no more than five feet. Two-foot contour intervals will be required if the
topography is relatively flat. Areas of steep slopes should be delineated as
necessary.
Soil characteristics, such as load-bearing capacity and drainage capacity.
Hydrologic features, which should include drainage and natural runoff
_ patterns, flood zones, noted wetlands, vegetative cover and average depth to
groundwater.
11. Existing development and infrastructure:
a. The location and dimensions of major r buildings and structures.
b. The location and width of roads, private drive and paths, including site access.
c. The location, size and flow direction of sewers, water supply lines, and
culverts; all utilities to be identified.
Other existing developments adjacent to the site, including setback and lot line
dimensions.
12. Proposed development:
a. The intended use of the completed project.
b. A grading and drainage plan. an
c. Site placement of buildings, accessory. structures, fences, parking lots,
sidewalks, storage tanks, waste-disposal units, etc.
The location and size of water and sewer lines and appurtenances. -
o 2
The location, size and design of all outdoor lighting facilities, public-address
systems and outdoor signs, including those posted on buildings.
A general landscaping plan and.* Planting schedule, including buffer zones and
rh
green space, |
An estimated project schedule and phasing plan (final site plan).
pm ge
A performance bond, if determined to be appropriate, with the amount,
completion schedule, public improvements covered and inspection and bond
approval.
13. Impact on stormwater pollution:
a. A stormwater pollution prevention plan (SWPPP), if required for the proposed
development under Chapter 96, Stormwater Management, of the Code. —
Page 32
-b.The recommendation of the Stormwater Management Officer to approve,
approve with modifications, or disapprove the
d SWPPP pursuant to Chapter 96
of the Code. 7
14: Other: any other information or materials with the: Town Board, Planning Board,
Town’s Engineer, Highway Superintendent and/or Code Enforcement Officer deems
reasonably necessary and/or appropriate to complete a meaningful site plan review in
connection with the applicant’s proposed improvements or development project.
SECTION 5. WAIVER OF REVIEW PROCESS.
The Town Board may waive the applicability of all or any portion of the site plan review process to a
particular applicant or project if it determines that such review is not in the interest of public health, safety
or general welfare or is inapproptiate toa particular site plan or project, except that the requirements of
§95-4B(6) of this chapter shall not be waived.
SECTION 6. DECISION; N OTICE AND FILING. —
~ - c. ‘Prior to reaching a final decision on a site plan review application, the Code Enforcement
. Officer shall, if requited, mail notice of such proposed action to the Erie County Department
of Environment and Planning.
D. The decision of the Town Board on any site plan application shall be filed in the office of the
Town Clerk within five business days after such decision iiss rendered and a copy mailed to the
applicant. . '
SECTION - 4. SEVERABILITY.
if any part or provision of this Local Law or the application thereof to any person or circumstances be
adjusted invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to
the part or provision or application directly involved in the controversy in which such judgment shall have
been rendered and shall not affect or impair the validity of the remainder of this Local Law or the application
thereof to other persons or circumstances and the Town Board of the Town of Aurora hereby declares that
it would have passed this Local -Law or the remainder thereof had such invalid application or invalid
provision been apparent. ;
SECTION 5, EFF ECTIVE DATE.
T his local law shall take effectt immediately upon filing in the office of the New York State Secretary of
State in accordance with section 27 of the Municipal Home Rule Law.
Page 33
Agency Use Only [If applicable}
Project: |Chapter 95A Solar Energy Systems |
Date: [4/7/26
Short Environmental Assessment Form EG +
Part 2 - Impact Assessment
Part 2 is to be completed by the Lead Agency.
Answer all of the following questions in Part 2 using the information contained in Part 1 and other materials submitted by
the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by
the concept “Have my responses been reasonable considering the scale and context of the proposed action?”
No, or Moderate
small to large
impact impact
may may
1. Will the proposed action create a material conflict with an adopted land use plan or zoning
SACS A CSAIGSU GSH cS) SSNS ESS GS) STIS
regulations?
OU:
2. Will the proposed action result in a change in the use or intensity of use of land?
3. Will the proposed action impair the character or quality of the existing community?
4. Will the proposed action have an impact on the environmental characteristics that caused the
establishment of a Critical Environmental Area (CEA)?
5. Will the proposed action result in an adverse change in the existing level of traffic or
affect existing infrastructure for mass transit, biking or walkway?
6. Will the proposed action cause an increase in the use of energy and it fails to incorporate
OOOO
reasonably available energy conservation or renewable energy opportunities?
7. Will the proposed action impact existing:
a. public / private water supplies?
b. public / private wastewater treatment utilities?
8. Will the proposed action impair the character or quality of important historic, archaeological,
architectural or aesthetic resources?
9. Will the proposed action result in an adverse change to natural resources (e.g., wetlands,
waterbodies, groundwater, air quality, flora and fauna)?
10. Will the proposed action result in an increase in the potential for erosion, flooding or drainage
problems?
HO
11. Will the proposed action create a hazard to environmental resources or human health?
PRINT FORM Page 1 of 2
SEAF 2019
Page 34
Agency Use Only [If applicable]
Project:|Chapter 95A Solar
Date: 14/7/26
Short Environmental Assessment Form
Part 3 Determination of Significance
For every question in Part 2 that was answered “moderate to large impact may occur”, or if there is a need to explain why a
particular element of the proposed action may or will not result in a significant adverse environmental impact, please
complete Part 3. Part 3 should, in sufficient detail, identify the impact, including any measures or design elements that
have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency
determined that the impact may or will not be significant. Each potential impact should be assessed considering its setting,
probability of occurring, duration, irreversibility, geographic scope and magnitude. Also consider the potential for short-
term, long-term and cumulative impacts.
The changes to Chapter 95A Solar Energy Systems of the Code of the Town of Aurora are clerical in nature and do
not impact the environment.
[ Check this box if you have determined, based on the information and analysis above, and any supporting documentation,
that the proposed action may result in one or more potentially large or significant adverse impacts and an
environmental impact statement is required.
Check this box if you have determined, based on the information and analysis above, and any supporting documentation,
that the proposed action will not result in any significant adverse environmental impacts.
Town of Aurora
Name of Lead Agency Date
Charles D. Snyder Supervisor
Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer
CEzabeth. Cassidy,
Signature of Responsible Officer in Lead Agency Signgtire of Preparer (if differgat from Responsible Officer)
PRINT FORM Page 2 of 2
Page 35
SEQRA LEAD AGENCY DETERMINATION
LOCAL LAW NO. 5 _ -2026
(CHAPTER 95A, SOLAR ENERGY SYSTEMS)
WHEREAS, the Town Board of the Town of Aurora (the “Town Board”) has proposed Local
Law No. 5 -2026 to repeal and amend Article I of Chapter 95A “Solar Energy Systems” and
Article II of Chapter 95A, Section 8 “Special Use Permit Requirements” of the Town Code; and
WHEREAS, the proposed Local Law updates regulations for solar energy systems, including
use districts, permitting requirements, general criteria, setbacks, and special use permit
conditions for utility-scale solar energy systems; and
WHEREAS, the proposed Local Law is subject to the State Environmental Quality Review Act
(“SEQRA”’), 6 NYCRR Part 617, and does not appear on the Type I or Type II Action lists,
making it an Unlisted Action; and
~- WHEREAS, the Town Board is the only involved agency and has reviewed the Short
~ Environmental Assessment Form (“EAF”) and the criteria in 6 NYCRR § 617.7(c);
NOW, THEREFORE, BE IT RESOLVED, that the Town Board declares itself Lead Agency
for SEQRA review of proposed Local Law No. 5. -2026; and be it further
~ RESOLVED, that the proposed Local Law is classified as an Unlisted Action under SEQRA;
and be it further
RESOLVED, that based on its review of the EAF and the criteria in 6 NYCRR § 617.7(c), the
Town Board determines the proposed Local Law will not have a significant adverse
environmental impact and issues a Negative Declaration under 6 NYCRR § 617.7; and be it
further
RESOLVED, that this Resolution shall take effect immediately. |
Page 36
ADOPTION OF LOCAL LAW NO. 5 -2026
HEZ
(CHAPTER 95A, SOLAR ENERGY SYSTEMS)
WHEREAS, the Town Board of the Town of Aurora (the “Town Board”) has proposed Local
Law No. 5 -2026 to repeal and amend Article I of Chapter 95A “Solar Energy Systems” and
Article II of Chapter 95A, Section 8 “Special Use Permit Requirements” of the Town Code,
originally adopted March 13, 2017; and
WHEREAS, the proposed Local Law updates solar energy system regulations, including use
districts, permitting for rooftop-mounted, building-mounted, ground-mounted, and utility-scale
systems, general criteria, site plan requirements, and special use permit conditions including
setbacks, height limitations, screening, and decommissioning requirements; and
WHEREAS, the proposed Local Law includes a severability clause and takes effect upon filing
with the New York State Secretary of State under Section 27 of the Municipal Home Rule Law;
and
WHEREAS, a public hearing was duly held on March 23, 2026, and the Town Board, acting as
SEQRA Lead Agency, issued a Negative Declaration finding no significant adverse
environmental impact; and
WHEREAS, the Town Board has reviewed the proposed Local Law, public hearing comments,
and all relevant materials;
NOW, THEREFORE, BE IT RESOLVED, that the Town Board adopts Local Law No.S__-
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.
Page 37
TOWN OF AURORA
LOCAL LAW INTROG -2026
LOCAL LAW NO. 3° ~ 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. 24,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.
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
Page 38
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 ofa 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.
GROUND-MOUNTED SOLAR ENERGY SYSTEM
A solar energy system that is affixed to the ground either directly or by support structures or other mounting
devices. Said system is an accessory structure, designed and intended to generate electricity primarily for
on-site consumption.
ROOFTOP-MOUNTED SOLAR ENERGY SYSTEM
Any solar energy system that is affixed to the roof of a building and wholly contained within the limits of
the roof surface. Said system is designed and intended to generate energy primarily for on-site consumption.
UTILITY-SCALE SOLAR ENERGY SYSTEM
Any solar energy system that cumulatively on a lot is designed and intended to supply energy primarily
into a utility grid for offsite sale or consumption.
SECTION 4. USE DISTRICTS.
Use districts where allowed. Subject to the provisions of this chapter, solar energy systems shall be allowed
as follows:
A. Rooftop-mounted and building-mounted solar energy systems are permitted in all zoning districts
in the Town. |
B. Ground-mounted solar energy systems are permitted as accessory structures in all zoning districts
of the Town subject to the restrictions in § 95A-7.
C. Utility-scale solar energy systems are only permitted in C-1, C-2, and C-3 zoning districts.
D. Any inconsistent provisions of the Zoning Law which purport to or may be interpreted to allow
solar energy systems in other districts are hereby superseded.
E. The provisions of this chapter apply to solar electricity generation and solar water heating systems.
Page 39
SECTION 5. GENERAL REGULATIONS.
General regulations. The placement, construction, and major modification of all solar energy systems within
the boundaries of the Town of Aurora shall be permitted only as follows:
A. All proposed solar energy systems are required to follow at least the minimum standards set forth
by the New York State Building Codes, and all specifications for such systems must be
accompanied by a set of drawings stamped by a New York State-certified engineer or registered
architect and code review checklist.
B. All solar energy systems are required to obtain a permit from the Town of Aurora Building
Department. .
C. Building-mounted, ground-mounted and roof-mounted solar energy systems capable of producing
25 kw of energy or less require a permit from the Town of Aurora Building Department.
D. Building-mounted, ground-mounted and roof-mounted solar energy systems capable of producing
more than 25 kw of energy require site plan approval from the Town Board and a building permit
from the Town of Aurora Building Department.
E. Utility-scale solar energy systems and all solar energy systems over 25 kw shall be subject to all
provisions of this chapter and permitted only in the approved districts (C-1, C-2, and C-3) zoning
districts. These systems shall require a special use permit , site plan approval from the Town Board
and a building permit from the Town of Aurora Building Department.
F. All solar energy systems existing on the effective date of this chapter shall be allowed to continue
usage as they presently exist. Routine maintenance (including replacement with a new system of
like construction and size) shall be permitted on such existing systems. New construction other
than routine maintenance shall comply with the requirements of this chapter.
G. No solar energy system shall hereafter be used, erected, moved, reconstructed, changed or altered
except in conformity with these regulations.
H. Any applications (including variance applications) pending for solar energy systems on the
effective date of this chapter shall be subject to the provisions of this chapter.
I. This chapter shall take precedence over any inconsistent provisions of the Zoning Law of the Town
of Aurora.
J. This chapter shall not apply to any lot owned by a municipality.
SECTION 6. GENERAL CRITERIA.
A. Rooftop-mounted solar energy systems shall meet the height requirements of the underlying zoning
district. All proposed installations must be accompanied with a set of drawings stamped by a New
York State-licensed engineer or registered architect verifying the structural integrity of the building
and a New York State code compliance checklist.
(1) Pitched roof: Solar energy panels shall not be more than three feet higher than the finished
roof to which they are mounted.
(2) Flat roof: The maximum height of a solar energy panel at its highest pitch shall be no more
than eight feet above the parapet wall.
B. Building-mounted solar energy systems shall not be more than 18 inches from the building wall,
and in no instance shall any part of the system extend beyond the eaveline or top of a parapet wall.
All proposed installations must be accompanied by a set of drawings stamped by a New York State-
Page 40
licensed engineer verifying the structural integrity of the building and a New York State code
compliance checklist.
C. Ground-mounted solar energy systems shall be subject to the following requirements:
(1) The location of said solar energy system shall be placed no closer than two times the
standard setback requirements for an accessory 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
Page 41
parks in excess of that which already exists.
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.
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.
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.
. 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 Il 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.
Maximum overall height. The height of a utility-scale solar energy system shall not exceed 15 feet
when oriented at maximum tilt.
There shall only be allowed one utility-scale solar energy systems per lot.
iO
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.
Development and operation of a utility-scale 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.
The design, construction, operation, and maintenance of a utility-scale 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.
All structures and devices used to support solar collectors shall be nonreflective and/or painted a
subtle or earth-tone color.
All transmission lines and wiring associated with a utility-scale solar energy system shall be buried
or utilize existing overhead transmission line structures and include necessary encasements in
Page 42
accordance with the National Electric Code and Town requirements. The applicant is required to
show the locations of all proposed overhead and underground electric utility lines, including
substations and junction boxes and other electrical components for the project on the site plan.
J. All transmission lines and electrical wiring shall be in compliance with the utility company's
requirements for interconnection.
K. Artificial lighting of utility-scale solar energy systems shall be limited to lighting required for safety
and operational purposes and shall be shielded from all neighboring properties and public roads.
L. All utility-scale solar energy systems shall be enclosed by fencing to prevent unauthorized access.
Warning signs with the owner's contact information shall be placed on the entrance and perimeter
of the fencing.
M. Any signage used to advertise the solar energy facility shall be in accordance with the Town's
signage regulations. |
N. A berm, landscape screen, or other opaque enclosure, or any combination thereof acceptable to the
Town capable of screening the site, may be required along any property line that abuts an existing
residence.
O. After completion of a utility-scale solar energy system, the applicant shall provide a post-
construction certification from a professional engineer registered in New York State that the project
complies with applicable codes and industry practices and has been constructed and is operating
according to the design plans.
P. Compliance with regulatory agencies. The applicant is required to obtain all necessary regulatory
approvals and permits from all federal, state, county, and local agencies having jurisdiction and
approval related to the completion of a utility-scale solar energy system.
Q. Clearing, grading, stormwater and erosion control:
(1) Before the Town of Aurora shall issue a clearing, grading, stormwater or building permit
for a utility-scale solar energy system, the applicant shall submit a SWPPP to the Town
engineering consulting firm for its review and approval; and
(2) The SWPPP shall minimize the potential adverse impacts on wetlands and Class I and II
streams and the banks and vegetation along those streams and wetlands and minimize
erosion or sedimentation.
SECTION 5. SEVERABILITY.
If any part or provision of this Local Law or the application thereof to any person or circumstances be
adjusted invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to
the part or provision or application directly involved in the controversy in which such judgment shall have
been rendered and shall not affect or impair the validity of the remainder of this Local Law or the application
thereof to other persons or circumstances and the Town Board of the Town of Aurora hereby declares that
it would have passed this Local Law or the remainder thereof had such invalid application or invalid
provision been apparent.
SECTION 6. EFFECTIVE DATE
This local law shall take effect immediately upon filing in the office of the New York State Secretary of
State in accordance with section 27 of the Municipal Home Rule Law.
Page 43
Agency Use Only [If applicable]
Project: |Chapter 99 Subdivision of Land
Date: 4/7/26
Short Environmental Assessment Form at . 1
Part 2 - Impact Assessment
Part 2 is to be completed by the Lead Agency.
Answer all of the following questions in Part 2 using the information contained in Part 1 and other materials submitted by
the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by
the concept “Have my responses been reasonable considering the scale and context of the proposed action?”
No, or Moderate
small to large
impact impact
may may
CSI CSPECSIAGST (GS)IcS) SSIS ISSO GSTIGSIIGSIE
1. Will the proposed action create a material conflict with an adopted land use plan or zoning
O);O OO:
regulations?
2. Will the proposed action result in a change in the use or intensity of use of land?
3. Will the proposed action impair the character or quality of the existing community?
4. Will the proposed action have an impact on the environmental characteristics that caused the
establishment of a Critical Environmental Area (CEA)?
5. Will the proposed action result in an adverse change in the existing level of traffic or
affect existing infrastructure for mass transit, biking or walkway?
6. Will the proposed action cause an increase in the use of energy and it fails to incorporate
reasonably available energy conservation or renewable energy opportunities?
OOO
7. Will the proposed action impact existing:
a. public / private water supplies?
b. public / private wastewater treatment utilities?
8. Will the proposed action impair the character or quality of important historic, archaeological,
architectural or aesthetic resources?
OVO
9. Will the proposed action result in an adverse change to natural resources (e.g., wetlands,
waterbodies, groundwater, air quality, flora and fauna)?
10. Will the proposed action result in an increase in the potential for erosion, flooding or drainage
problems?
HO
11. Will the proposed action create a hazard to environmental resources or human health?
PRINT FORM Page 1 of 2
SEAF 2019
Page 44
Agency Use Only [If applicable]
Project:| Chapter 99 Subdivision
Date: 14/7/26
Short Environmental Assessment Form
Part 3 Determination of Significance
For every question in Part 2 that was answered “moderate to large impact may occur”, or if there is a need to explain why a
particular element of the proposed action may or will not result in a significant adverse environmental impact, please
complete Part 3. Part 3 should, in sufficient detail, identify the impact, including any measures or design elements that
have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency
determined that the impact may or will not be significant. Each potential impact should be assessed considering its setting,
probability of occurring, duration, irreversibility, geographic scope and magnitude. Also consider the potential for short-
term, long-term and cumulative impacts.
The changes to Chapter 99 Subdivision of Land & Open Development Area of the Code of the Town of Aurora are
clerical in nature and do not impact the environment.
[] Check this box if you have determined, based on the information and analysis above, and any supporting documentation,
that the proposed action may result in one or more potentially large or significant adverse impacts and an
environmental impact statement is required.
Check this box if you have determined, based on the information and analysis above, and any supporting documentation,
that the proposed action will not result in any significant adverse environmental impacts.
Town of Aurora
Name of Lead Agency Date
Charles D. Snyder Supervisor
Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer
CExabeth. Catsity,
Signature of Responsible Officer in Lead Agency Signétare of Preparer (if differgat from Responsible Officer)
PRINT FORM Page 2 of 2
Page 45
SEQRA LEAD AGENCY DETERMINATION
LOCAL LAW NO. G -2026
(CHAPTER 99, SUBDIVISION OF LAND AND ODA)
WHEREAS, the Town Board of the Town of Aurora (the “Town Board”) has proposed Local
Law No. 6 -2026 to repeal and replace Article II, Section 6 “Approval Procedures” and Article
VI, Section 31 “Supplementary Regulations/Minimum Standards” of Chapter 99 “Subdivision of
Land and Open Development Area” of the Town Code; and
WHEREAS, the proposed Local Law updates subdivision review procedures, open development
area standards, setback requirements, and access roadway specifications; and
WHEREAS, the proposed Local Law is subject to the State Environmental Quality Review Act
(““SEQRA”), 6 NYCRR Part 617, and does not appear on the Type I or Type II Action lists,
making it an Unlisted Action; and
- WHEREAS, the Town Board is the only involved agency and has reviewed the Short
~ Environmental Assessment Form (“EAF”’’) and the criteria in 6 NYCRR § 617.7(c);
NOW, THEREFORE, BE IT RESOLVED, that the Town Board declares itself Lead Agency
for SEQRA review of proposed Local Law No. @ -2026; and be it further
RESOLVED, that the proposed Local Law is classified as an Unlisted Action under SEQRA; ©
and be it further
RESOLVED, that based on its review of the EAF and the criteria in 6 NYCRR § 617.7(c), the
Town Board determines the proposed Local Law will not have a significant adverse
environmental impact and issues a Negative Declaration under 6 NYCRR § 617.7; and be it
further ae :
RESOLVED, that this Resolution shall take effect immediately.
Page 46
ADOPTION OF LOCAL LAW NO. G -2026
(CHAPTER 99, SUBDIVISION OF LAND AND ODA)
WHEREAS, the Town Board of the Town of Aurora (the “Town Board”) has proposed Local
Law No. @ -2026 to repeal and replace Article II, Section 6 “Approval Procedures” and Article
VI, Section 31 “Supplementary Regulations/Minimum Standards” of Chapter 99 “Subdivision of
Land and Open Development Area” of the Town Code, originally adopted December 27, 2021;
and
WHEREAS, the proposed Local Law updates subdivision review phases, including preliminary
meeting requirements, sketch plan approval, preliminary and final plat approval procedures, and
open development area standards including lot size, setback, access roadway, and minimum
habitable floor area requirements; and
WHEREAS, the proposed Local Law includes a severability clause and takes effect upon filing
with the New York State Secretary of State under Section 27 of the Municipal Home Rule Law;
and
WHEREAS, a public hearing was duly held on March 23, 2026, and the Town Board, acting as
SEQRA Lead Agency, issued a Negative Declaration finding no significant adverse
environmental impact; and
WHEREAS, the Town Board has reviewed the proposed Local Law, public hearing comments,
and all relevant materials;
NOW, THEREFORE, BE IT RESOLVED, that the Town Board adopts Local Law No. CG. -
2026, the “Subdivision of Land and Open Development Area Code of the Town of Aurora, Erie
County, and State of New York”; and be it further
RESOLVED, that Article II, Section 6 and Article VI, Section 31 of Chapter 99 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.
Page 47
TOWN OF AURORA
LOCAL LAW INTRO (-2026
LOCAL LAW NO. ib - 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
RESCINDING ARTICLE If OF CHAPTER 99, SECTION 6 “APPROVAL PROCEDURES”; AND
REPEALING AND RESCINDING ARTICLE VI OF CHAPTER 99, SECTION 31 “SUPPLEMENTARY
REGULATIONS/MINIMUM STANDARDS”.
BE TT 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. ((7 of the year 2026 and titled the
“Subdivision of Land and Open Development Area 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 rescind Article II of Chapter 99, Section 6
“Approval Procedures” and replace and enact a new Article II of Chapter 95 “Approval Procedures”; and
repeal and rescind Article VI of Chapter 99 Section 31 “Supplementary Regulations/Minimum Standards”
and replace and enact a new Article VI of Chapter 99 Section 31 “Supplementary Regulations/Minimum
Standards”.
SECTION 3. AMENDMENT NO. 1.
Article fl of Chapter 99, Section 6 of the Code of the Town of Aurora originally adopted on December 27,
2021 is hereby repealed and rescinded as follows:
SECTION 6. SUBDIVISION REVIEW PHASES.
A. Whenever any subdivision of land is proposed, and before any contract for the sale of or any offer
to sell any lots in such subdivision or any part thereof is made, and before any permit for the erection
of any structure in such proposed subdivision shall be granted, the subdivider or his duly authorized
agent shall apply, in writing, for approval of such proposed subdivision in accordance with the
following procedures.
B. Prior to submittal of an application, a preliminary meeting with the developer, property owner,
Town Supervisor, Superintendent of Highways, and Code Enforcement Officer is required to
discuss the proposed subdivision. This meeting will review the basic site design concept and advise
the developer as to potential problems or concerns and will assist the developer in determining the
information required to begin the process.
C. The sequence of procedures for development within the Town of Aurora is fundamentally a three-
phase procedure. The three phases are referred to as follows:
(1) Sketch plan (concept) approval.
(2) Preliminary plat approval.
(3) Final plat approval.
Page 48
D. Phases of approval.
(1) Sketch plan (concept) approval is the initial presentation by the developer of the general
overall information and data showing how he intends to develop the property and the effect
such development may have upon the adjoining property. The availability of utilities, the
effect on natural watercourses and other environmental concerns, as well as drainage
problems shall be answered at this time.
(2) At preliminary plat approval, a formal public hearing will be held, at which time the
developer will make a public presentation of his intentions and plans regarding the
property.
(3) At final plat approval, the developer submits all the remaining specific data and
information as required by the Planning Board, the Town Board and the local laws and
regulations. Upon completion of this last phase, the developer shall submit his final plat
map for execution by the Town Board prior to recording the map in the Erie County Clerk's
office.
SECTION 4. AMENDMENT NO. 2.
Article VI of Chapter 99, Section 31 of the Code of the Town of Aurora originally adopted on December
27, 2021, is hereby repealed and rescinded as follows:
SECTION 31. SUPPLEMENTARY REGULATIONS/MINIMUM STANDARDS.
A. The creation of an open development area will not create a nonconforming lot. The following
requirements will be a minimum:
(1) Minimum lot size will be three acres exclusive of the "flagpole" portion of the property.
(2) The flagpole portion of the lot must have a minimum of 75 feet of frontage on an existing
state, county, or Town road and maintain a minimum 75 feet wide right of way retained by
the property owner.
(3) All access roadways will be located on a private right-of-way at least 75 feet wide.
(4) All access roadways will be a minimum of 20 feet wide from the street right-of-way to the
residence, with required apron at the street, and constructed of gravel, asphalt or other hard
surface. In all cases, access roadways will be sufficient to support the weight of fire
apparatus and safety vehicles. Such design will be approved and inspected by the Town
Engineer.
(a) At every increment of 150 feet of access roadway length, there will be an
additional vehicle pass-by bump-out measuring a minimum six feet wide and 25
feet long.
(b) At a point between the interior termination of the 75 feet wide private right-of-
way and the residence, a fire apparatus hammerhead, "Y," or cul-de-sac
turnaround must be created as approved by the Building Inspector.
(c) Access roadways will not exceed 10% in grade.
(d) The minimum turning radius in an access roadway will be 28 feet.
(5) Front yard setback:
(a) 200 feet from the boundary line parallel to the street right-of-way.
(b) No accessory building/structure shall be erected in the front yard.
(6) Side yard setback: 50 feet.
Page 49
(7) Rear yard setback: 50 feet.
(8) Minimum lot width: 200 feet for boundary line parallel to the street right-of-way.
(9) Minimum distance between ingress/egress right of ways: 100 feet.
(10) The flagpole portion of the open development area shall not be an easement, but shall be
owned in fee title by the owner of the open development area.
(a) The flagpole portion of ODA lots in existence as of the date of adoption of this
amended code must have benefit of an existing easement on an existing road if
not owned in fee.
(11) Other conditions that the Town Board in its sole discretion determines to be appropriate
for the specific development.
B. Minimum habitable floor area. The required minimum habitable floor area shall be the minimum
floor area of dwellings determined by Chapter 116, Zoning. The maximum mean height for a
principal building shall not exceed 2 1/2 stories or 35 feet.
SECTION 5. SEVERABILITY.
If any part or provision of this Local Law or the application thereof to any person or circumstances be
adjusted invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to
the part or provision or application directly involved in the controversy in which such judgment shall have
been rendered and shall not affect or impair the validity of the remainder of this Local Law or the application
thereof to other persons or circumstances and the Town Board of the Town of Aurora hereby declares that
it would have passed this Local Law or the remainder thereof had such invalid application or invalid
provision been apparent.
SECTION 6. EFFECTIVE DATE
This local law shall take effect immediately upon filing in the office of the New York State Secretary of
State in accordance with section 27 of the Municipal Home Rule Law.
Page 50
Agency Use Only [If applicable]
Project: [Chapter 116 Zoning
Date: 14/7/26
Short Environmental Assessment Form HE
Part 2 - Impact Assessment
Part 2 is to be completed by the Lead Agency.
Answer all of the following questions in Part 2 using the information contained in Part 1 and other materials submitted by
the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by
the concept “Have my responses been reasonable considering the scale and context of the proposed action?”
No, or Moderate
small to large
impact impact
may may
occur occur
1. Will the proposed action create a material conflict with an adopted land use plan or zoning
regulations?
| IN FINNNN SN
Oooo
2. Will the proposed action result in a change in the use or intensity of use of land?
3. Will the proposed action impair the character or quality of the existing community?
4. Will the proposed action have an impact on the environmental characteristics that caused the
establishment of a Critical Environmental Area (CEA)?
5. Will the proposed action result in an adverse change in the existing level of traffic or
TIN
affect existing infrastructure for mass transit, biking or walkway?
6. Will the proposed action cause an increase in the use of energy and it fails to incorporate
OOOO)
reasonably available energy conservation or renewable energy opportunities?
7. Will the proposed action impact existing:
a. public / private water supplies?
b. public / private wastewater treatment utilities?
NIN
8. Will the proposed action impair the character or quality of important historic, archaeological,
architectural or aesthetic resources?
9. Will the proposed action result in an adverse change to natural resources (e.g., wetlands,
waterbodies, groundwater, air quality, flora and fauna)?
IN|INNIN
10. Will the proposed action result in an increase in the potential for erosion, flooding or drainage
problems?
NO
11. Will the proposed action create a hazard to environmental resources or human health?
PRINT FORM Page 1 of 2
SEAF 2019
Page 51
Agency Use Only [If applicable]
Project:| Chapter 116 Zoning
Date: 14/7/26
Short Environmental Assessment Form
Part 3 Determination of Significance
For every question in Part 2 that was answered “moderate to large impact may occur”, or if there is a need to explain why a
particular element of the proposed action may or will not result in a significant adverse environmental impact, please
complete Part 3. Part 3 should, in sufficient detail, identify the impact, including any measures or design elements that
have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency
determined that the impact may or will not be significant. Each potential impact should be assessed considering its setting,
probability of occurring, duration, irreversibility, geographic scope and magnitude. Also consider the potential for short-
term, long-term and cumulative impacts.
The changes to Chapter 116 Zoning of the Code of the Town of Aurora are clerical in nature and do not impact the
environment.
[] Check this box if you have determined, based on the information and analysis above, and any supporting documentation,
that the proposed action may result in one or more potentially large or significant adverse impacts and an
environmental impact statement is required.
Check this box if you have determined, based on the information and analysis above, and any supporting documentation,
that the proposed action will not result in any significant adverse environmental impacts.
Town of Aurora
Name of Lead Agency Date
Charles D. Snyder Supervisor
Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer
CEzabeth, Cassily,
Signature of Responsible Officer in Lead Agency Sign@fare of Preparer (if differgat from Responsible Officer)
PRINT FORM Page 2 of 2
Page 52
SEQRA LEAD AGENCY DETERMINATION
LOCAL LAW NO. ¥ -2026
(CHAPTER 116, ZONING)
WHEREAS, the Town Board of the Town of Aurora (the “Town Board”) has proposed Local
Law No. ¥ -2026 to amend Article I of Chapter 116 “Zoning,” Section 4 “Definitions,” Section
8.5 “District Regulations,” and Section 8.6 “Commercial Districts Generally” of the Town Code;
and
WHEREAS, the proposed Local Law amends the definition of “Building, Height of’ and
permanently rescinds Sections 8.5D(3), 8.5E(3), and 8.6E(3); and
WHEREAS, the proposed Local Law is subject to the State Environmental Quality Review Act
(“SEQRA”), 6 NYCRR Part 617, and does not appear on the Type I or Type I Action lists,
making it an Unlisted Action; and
WHEREAS, the Town Board is the only involved agency and has reviewed the Short
~ Environmental Assessment Form (“EAF”’) and the criteria in 6 NYCRR § 617.7(c);
NOW, THEREFORE, BE IT RESOLVED, that the Town Board declares itself Lead Agency
for SEQRA review of proposed Local Law No. # -2026; and be it further
- RESOLVED, that the proposed Local Law is classified as an Unlisted Action under SEQRA;
and be it further
RESOLVED, that based on its review of the EAF and the criteria in 6 NYCRR § 617.7(c), the
Town Board determines the proposed Local Law will not have a significant adverse
environmental impact and issues a Negative Declaration under 6 NYCRR § 617.7; and be it
further
RESOLVED, that this Resolution shall take effect immediately.
Page 53
ADOPTION OF LOCAL LAW NO. 7
(CHAPTER 116, ZONING)
-2026
62.
WHEREAS, the Town Board of the Town of Aurora (the “Town Board’) has proposed Local
Law No. #_-2026 to amend Article I of Chapter 116 “Zoning,” Section 4 “Definitions,” Section
8.5 “District Regulations,” and Section 8.6 “Commercial Districts Generally” of the Town Code,
originally adopted June 20, 2022; and
WHEREAS, the proposed Local Law amends the definition of “Building, Height of” to include
“shed” with respect to roof types, and permanently rescinds Sections 8.5D(3), 8.5E(3), and
8.6E(3) of the Town Zoning Code; and
WHEREAS, the proposed Local Law includes a severability clause and takes effect upon filing
with the New York State Secretary of State under Section 27 of the Municipal Home Rule Law;
and
WHEREAS, a public hearing was duly held on March 23, 2026, and the Town Board, acting as
SEQRA Lead Agency, issued a Negative Declaration finding no significant adverse
environmental impact; and
WHEREAS, the Town Board has reviewed the proposed Local Law, public hearing comments,
and all relevant materials;
NOW, THEREFORE, BE IT RESOLVED, that the Town Board adopts Local Law No. ¥ -
2026, the “Zoning Code of the Town of Aurora, Erie County, and State of New York’; and be it
further
RESOLVED, that Article I of Chapter 116, Section 4 “Definitions” is amended, and Sections
8.5D(3), 8.5E(3), and 8.6E(3) are permanently rescinded, 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.
Page 54
TOWN OF AURORA
LOCAL LAW INTRO f).2026
LOCAL LAW NO. 7 __~ 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 AMENDING
ARTICLE I OF CHAPTER 116 “ZONING”: SECTION 4 “DEFINITIONS”; SECTION 8.5 “DISTRICT
REGULATIONS”, AND SECTION 8.6 “COMMERCIAL DISTRICTS GENERALLY”.
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. J of the year 2026 and titled the
“Zoning 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 amend Article I of Chapter 116, Section 4 “Definitions”;
and repeal and rescind parts of Article I of Chapter 116 Section 8.5 “A Agriculture” and Section 8.6
“Commercial Districts Generally”.
SECTION 3. AMENDMENT NO. 1.
Article I of Chapter 116, Section 4 of the Code of the Town of Aurora originally adopted on June 20, 2022
is hereby amended as follows:
SECTION 4. DEFINITIONS.
A. The definition of ‘Building, Height of’ in Section 4 of the Town Zoning Code is hereby amended
to include the word ‘shed’ with respect to site lines. The revised definition shall read as follows:
BUILDING, HEIGHT OF
The vertical distance measured from the average elevation of the proposed finished grade at the front of the
building to the highest point of the roof for flat roofs, to the deck line of mansard roofs and to the mean
height between eaves and ridge for gable, shed, hip, and gambrel roofs.
SECTION 4. AMENDMENT NO. 2.
Article I of Chapter 116, Section 8.5 and 8.6 of the Code of the Town of Aurora originally adopted on June
20, 2022 is hereby permanently rescinded as follows:
SECTION 8.5. DISTRICT REGULATIONS.
A. Article I of Chapter 116, Section 8.5D(3) is permanently rescinded.
B. Article I of Chapter 116, Section 8.5E(3) is permanently rescinded.
SECTION 8.6. COMMERCIAL DISTRICTS GENERALLY.
A. Article I of Chapter 116, Section 8.6E(3) is permanently rescinded.
Page 55
SECTION 5. SEVERABILITY.
If any part or provision of this Local Law or the application thereof to any person or circumstances be
adjusted invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to
the part or provision or application directly involved in the controversy in which such judgment shall have
been rendered and shall not affect or impair the validity of the remainder of this Local Law or the application
thereof to other persons or circumstances and the Town Board of the Town of Aurora hereby declares that
it would have passed this Local Law or the remainder thereof had such invalid application or invalid
provision been apparent.
SECTION 6. EFFECTIVE DATE
This local law shall take effect immediately upon filing in the office of the New York State Secretary of
State in accordance with section 27 of the Municipal Home Rule Law.
Page 56
RESOLUTION APPROVING SITE PLAN
5H
690 South Street
SBL#176.09-1-13
Whereas, Dan Mirsky/EA Baseball and Softball has submitted a Site Plan Review
Application to place a prebuilf shed on the Community Pool Park property
adjacent to the snack shack and utilize it for storage of equipment and field
maintenance supplies SBL#176.09-1-13 at 690 South Street, East Aurora NY; and
Whereas, at their April 1, 2026 meeting the Aurora Town Planning Board
recommended approval of the site plan; and
Whereas, the Site Plan application and documents were sent to Erie County
Department of Environment and Planning for review who cascaded it to Erie
County Department of Public Works and stated no concerns; and
Whereas, the Code Enforcement Officer determined this to be a Type Il Action
under SEQR and does not require a determination by the Town Board.
Now, therefore, be it
RESOLVED that the Site Plan for SBL#176.09-1-13 690 South Street, East Aurora,
NY, to place a prebuilf shed on the Community Pool Park property is approved
by the Town Board.
Page 57
NOTICE OF PUBLIC HEARING
of
PLEASE TAKE NOTICE, that a public hearing will be held by the Town Board of the
Town of Aurora on the 27 day of April, 2026 at 6:30 PM at the Aurora Municipal
Center located at 575 Oakwood Avenue, East Aurora, New York, 14052, at
which hearing parties and interested citizens shall have an opportunity to be
heard on proposed Local Law 8-2026 to increase the salary of the Highway
Superintendent. All interested parties are entitled to be heard upon said Local
Law at said public hearing. Copies of said proposed Local Law are available for
review at the Town Clerk office during normal business hours or on
www.townofaurorany.gov.
By Order of the Town Board of the Town of Aurora
Jeanne Viger
Town Clerk
Town of Aurora
Page 58
TOWN OF AURORA
LOCAL LAW INTRO ¥ - 2026
LOCAL LAW _ -2026
A Local Law to Increase the Salary of the Town Highway Superintendent
During the Term of Office
Be it enacted by the Town Board of the Town of Aurora as follows:
Section 1: Legislative Intent
It is the intent of this local law to provide an increase in the annual salary for the elected office of
David Gunner for the remainder of 2026, in accordance with the provisions of the New York
State Municipal Home Rule Law. This increase is in excess of the amount specified in the notice
of the public hearing on the preliminary budget published pursuant to Town Law § 108.
Section 2: Authority
This local law is enacted pursuant to Municipal Home Rule Law § 10. To the extent necessary,
this local law supersedes any inconsistent provisions of the Town Law or other applicable laws
relating to the timing or adjustment of salaries of elected town officers, consistent with the
authority conferred by the Municipal Home Rule Law.
Section 3: Salary Increase
Effective as hereinafter provided, the annual salary for the Highway Superintendent shall be
increased from the current amount of $110,331.00, to the new amount of $115,331.00 for the
year 2026, effective as of January 1,2026.
Section 4: Budgetary Authorization
The Town Board hereby authorizes and directs that the Town budget be amended as necessary to
fund the salary established herein, including any inter-fund or intra-fund transfers and
modifications in accordance with applicable law and fiscal procedures.
Section 5: Severability
If any clause, sentence, paragraph, or section of this local law shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment shall not impair the validity of the remainder
of this local law, but shall be confined in its operation to the clause, sentence, paragraph, or
section directly involved in the controversy.
Page 59
Section 6: Subject to Permissive Referendum
Pursuant to Municipal Home Rule Law § 24, this local law is subject to a referendum on petition
(permissive referendum). This local law shall not take effect until (i) thirty (30) days have
elapsed after its adoption without the filing of a valid petition requesting that the local law be
submitted to the electors for approval, or (ii) if a valid petition is filed within such period, until
approved by a majority of the qualified electors voting thereon at a duly held referendum.
Section 7. Notice; Filing; Publication and Posting
The Town Clerk is hereby directed to:
e cause to be published and/or posted, in the manner required by law, a notice setting forth
an abstract of this local law and stating that it is subject to a permissive referendum; and
e file a certified copy of this local law with the New York State Secretary of State as
required by law.
Section 8: Effective Date
This local law shall take effect in accordance with Section 6 above, upon the expiration of the
period for filing a petition for a permissive referendum without such a petition being filed, or, if a
valid petition is filed, upon approval by a majority of the qualified electors voting thereon and
subsequent filing with the Secretary of State.
Page 60
NOTICE OF PUBLIC HEARING
Od
PLEASE TAKE NOTICE, that a public hearing will be held by the Town Board of the
Town of Aurora on the 27') day of April, 2026 at 6:30 PM at the Aurora Municipal
Center located at 575 Oakwood Avenue, East Aurora, New York, 14052, at
which hearing parties and interested citizens shall have an opportunity to hear
public comment on Special Use Permit and Site Plan applications for a former
restaurant and bar to be converted into indoor play and separate part areas,
and the outdoor areas to be used seasonally at 612 Buffalo Road, East Aurora,
NY. All interested parties are entitled to be heard upon the said proposals at said
public hearing. A copy of the proposals are available for review at the offices of
the Town Clerk during normal business hours or on the Town website
www.townofaurorany.gov
By Order of the Town Board of the Town of Aurora
Jeanne Viger
Town Clerk
Town of Aurora
Page 61
TOWN OF AURORA
575 OAKWOOD AVENUE, EAST AURORA, NY 14052
BUILDING DEPARTMENT
(716) 652-7591
FAX (716) 652-3507
MEMO
TO: Chuck Snyder, and Town Board Members
FROM: Doug Crow, Chairman, Planning Board
DATE: April 2nd, 2026
The following actions were taken at the April 1°‘, 2026, meeting of the Planning Board
‘Chairman, Doug Crow, acknowledged there will be 7 voting members. Ben Garvey will be a
voting member.
Laurie Kutina made a motion to the Planning Board to recommend to the Town Board, to 7
approve the SUP request for 612 Buffalo Road, requested by tenant, Casey Caldiero, owner of
Village Play, as submitted.
Seconded by: Ben Garvey
Upon a vote being taken: . 7
Ayes- seven ; Noes- none Motion carried.
Tim Stroth made a motion to the Planning Board to recommend to the Town Board, to approve
the Site Plan for 612 Buffalo Road, requested by tenant, Casey Caldiero, owner of Village Play,
as submitted.
Seconded by: Ben Garvey
Upon a vote being taken:
Ayes- seven Noes- none Motion carried.
Tim Stroth made a motion to the Planning Board to table the application for 298 Ellicott Road.
Applicant not present. Additional information required for review.
Seconded by: Chris Contento
Upon a vote being taken:
Ayes- seven Noes- none Motion tabled.
Page 62
TOWN OF AURORA
575 OAKWOOD AVENUE, EAST AURORA, NY 14052
BUILDING DEPARTMENT
(716) 652-7591
MEMO
TO: Supervisor Snyder and Town Board Members
FROM: _ Elizabeth Cassidy, Code Enforcement Officer
DATE: March 17, 2026
The Building Department has accepted Special Use Permit (SUP) and Site Plan applications for
612 Buffalo Rd, by Casey Caldiero of Village Play, as tenant. The request is to relocate her
children’s play center from the Village to the property on Buffalo Rd. The former restaurant and
bar will be converted into indoor play area and separate party areas, and the outdoor areas will be
used seasonally. The kitchen will remain. The property is zoned C3 and this use is a
commercial recreational facility, which is allowed by Special Use Permit in the C2 District.
The site plan has been requested because of the play structures that will be constructed on the
property. The plan is that the play area will be located on the volleyball court and the outdoor
patio seating will remain for patrons. The majority of the code requirements for a site plan do
not apply for this particular application.
Town Code requires the Town Board refer the applications to the Planning Board for their
review and recommendation. The application shall also be referred to the Erie County Planning
Department as per GML 239-m. After receiving the Planning Board recommendation the Town
Board shall schedule a public hearing. A SEQR determination is required prior to a Town Board
decision on the applications.
Both applications are Unlisted actions for purposes of SEQRA.
Please contact me if you have any questions.
liz
Page 63
ON ATTN EEE
MON y\y
rd
Town of Aurora Town Boa
t Aur ora NY, 14052
575 Oakwood Avenue, Eas
on Form
Special Use Permit Applicati
‘osnnnunniinnnaninii SAAR
I. PROJECT INFORMATION (Applicant/Petitioner):
Business/Project Name: VilLooe Pla io
Business/Project Address: Owes Rx SE AD ‘<A hs AWONSL IN JHOOL |
Applicant Name: C(\yCp \} Oo, AGNES
Mailing Address: IAS (PO) Wb St. =
city COs aes state_\// zip_) ODE:
-216% Fax Email C aSeyu@ area Ol a: coy
Phone}, BU
interest in the property (ex: owner/purchaser/developer) “le nAvir_Ic lf Yow?
nt AND the Owner does not sign below, please
Il. PROPERTY OWNER INFORMATION ((f different than Applica
submit and original, notarized “Owner Authorization” form- attached):
Property Owner(s) Name(s) (a |(2. Bot FOlo lave) LLC
ate tt clay Lrk Nita | Ok
if a corporate, please name a responsible par oidssignpton officer:
Address WA AD Tans \+
city (est eN@GL __ State NY ap_|/U 220)
Email \\Yu DW 0 aG LOE YNold IAs
Phone Be 218. GY% 4 Fax ,CCO
ill. SPECIAL USE AND PROPERTY INFORMATION:
BOCAS Ka. Kast Awok NV IoD.
Property Address __(@ \ Z
sex (et OO-| 14
): Cwlc (e AS OlON C oY WeA,
Describe Special Use requested (use additional pages if needed
rckeo ey, (WACO Men, OU G0e™ DIG
WO OS Quver CQXO\ KU)
LA Co. Property Frontage in feet Lie
Property size in acres
Surrounding Zoning (3, QL, Ae
Zoning District C3,
Current Use of Property JOP VOSTOK Waus
&COD sf Size of proposed building(s) NH sf
Size of existing building(s):
Present/Prior tenant/use: K VV CUA \bLY
ry ) Proposed additional spaces: _ AL. Total #: \SO
Parking spaces: Existing: Ny
Page 64
S | eal
Proposed water service: _© public ___ private (well) ___n/a Is this existing YIN
Proposed sanitary sewer: __——_ public xX private (septic) __ n/a _Is this ex! isting ¥) N
Hours of operation (if applicable):
vay Monday | Tuesday “Wednesday Thursday Friday Satur day | St inday _| By Ap pte ~ |
i Q - Qo “4 7 - qe + GF G mal _
Peak hours: _|()CL\Yvr} |
Number of employees (if applicable): Full-time Part-time _ - Seasonal |
apply)
Upon approval of this application, the applicant intends to apply for: (Check all that
a. Building Permit 7
b. Sign Permit
\V. SIGNATURE (This application must be signed by the applicant/petitioner. if the applicant is not
the owner of the property, a separate owner authorization form must be submitted — see pg. 4)
C H S a s s y C a l o—
NTA), O
Si rate of Applicant/Petitioner
Ao se y Colarero
Print name of Applicant/Petitioner
State of New York; County of Erie
On theAnd day of Men 2’ 2before me, the
the year
above individual appeared, personally known to me on the
basis of satisfactory evidence to be the individual whose
name is subscribed to the within instrument and
same
acknowledged to me that he/she/they executed the we
for Pepgerres therein
ne
H Use
stajed- = RS S Teese
Viggen, ‘hy
\ Se 3 S'S
CY
4 Ni
Notary Public i:
Guaitied :&
S\. Erie County SG
%
(Notary stamp) cs ar we
vy . * ;
Office Use Only: Date received: SI Zk Receipt #: Tl 35 46
Application reviewed by:
Lee
Page 65
Narrative Description of Proposed Activities
Village Play -612 Buffalo Road, East Aurora
Village Play is proposing to relocate its existing business from 651 Oakwood Ave to 612 Buffalo Road
within East Aurora. The relocation will allow the business to operate in a larger, safer, and more
accessible facility while expanding programming and services to better serve local families.
Village Play is an indoor children’s play and enrichment center designed primarily for children ages infant
through elementary and their caregivers. The proposed location will include a large indoor play floor
featuring age-appropriate play structures and activity stations. Open play will be offered daily from 9:00
AM to 7:00 PM.
In addition to open play, the business will host birthday parties and will have the ability to accommodate
multiple parties simultaneously in designated rental areas. The space will also be available for private
rentals such as baby showers, community gatherings, and third-party vendor-led classes.
The proposed site includes outdoor space that will be used for seasonal and weather-permitting
activities, such as climbing structures, water tables, a sand-digging/play area, and other supervised
outdoor programming like summer camps. Summer offerings may include ice cream sales as part of the
food and beverage program. We do not have plans for outdoor music.
The business currently employs 7 staff members and anticipates expanding to approximately 10
employees with the larger facility and increased programming. The proposed site includes approximately
150 parking spaces, which will adequately support the anticipated use and occupancy levels for the
facility.
The facility will also feature:
« Asmall coffee bar and expanded food and beverage service for patrons
e Daytime co-working and small office rental opportunities
e Kitchen rental availability for small local food businesses during designated hours
All activities will be supervised by staff. The business will operate as a family-focused community space
designed to provide safe recreational play, educational enrichment, and small-scale private event
hosting.
Village Play is committed to maintaining a well-managed, clean, and safe environment that aligns with
the character of the surrounding community.
Thanks!
Casey Caldiero
Owner | Village Play & Village Play Voyager
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Short Environmental Assessment Form
Part 1 ~ Project Information
Instructions for Completing
Part 1~ Project Information. The applicant or project sponsor is responsible for the completion ef Part 1. Responses hecome part of the
application for approval or funding, are subject to public review, and may be subject to further verification, Complete Part | based on
information currently available. [f additional research or investigation would be needed to fully respond to any item, please answer as
thoroughly as possible based on current information.
Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the
lead agency: attach additional pages as necessary to supplement any item.
Part1 — Project and Spo rVaAGe.
a \\aqe Vay
Vllage Plaxk
Name of Action or Project:
12. Botlalo A Fasr Axion. wy 14052
Project Location ae and attach a location map):
~
vi Mage ee
Moe AXING, US) yng VA
Brief Descri tion of Proposed WY
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par nc ay ANU, GOV dene aitett
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Telephone: Zz / (o-Sd4e} 7 | SSS
Name of Applicant or Sponsor:
_ Casey Coroners
AGUESS: IO5 Warn Qh
EMC OSOY@ \i\IAQe Play
City/PO: Fast Aa) YOCA | State: KIN C wo 5 z
Zip vat
1. Does the proposed action only involve the legislative adoption of a plan, local law, ordinance, NO
administrative rule, or regulation?
Tf Yes, attach a narrative description of the intent of the proposed action and the environmental resources that |
| may be affected in the municipality and proceed to Part 2. Ifno, continue to question 2.
2. Does the proposed action require a permit, approval or funding from any other government Agency? NO
me
If Yes, list agency(s) name and permit or approval:
TOU) B0avG,, ap PYNE'
3. a. Total acreage of the site of the proposed action? LAS acres
b. Total acreage to be physically disturbed? evened De ro, BOLES
c. Total acreage (project site and any contiguous properties) owned
or controlled by the applicant or project sponsor? ANA acres
4. Check all land uses that occur on, are adjoining or near the proposed action:
CC] Urban Rural (non-agriculture) ("] Industrial [SF Commercial FS “Residential (suburban)
[] Forest [C] Agriculture [J Aquatic [7] O¢ ther(Specify):
| 624 Parkland
Pave
3s x ¥
bats
coy
. SEAP 2019
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$8. Is the proposed action, VES OD AA
LIC -
a. A permitted use under the zoning regulations?
"
hb. Consistent with the adopted comprehensive plan?
VES
6. Is the proposed action consistent with the predominant character of the existing built or natural landscape’
| *y is the site of the proposed action located in, or does it adjoin, a state listed Critical Environmental Area? NO | YES
If Yes, identify:
8. a. Will the proposed action result in a substantial increase in traffic above present levels?
b. Are public transportation services available at or near the site of the proposed action?
c. Are any pedestrian accommodations or bicycle routes available on or near the site of the proposed
action?
9. Does the proposed action meet or exceed the state energy code requirements?
ifthe proposed action will exceed requirements, describe design features and technologies:
10. Will the proposed action connect to an existing public/private water supply?
If No, describe method for providing potable water:
11. Will the proposed action connect to existing wastewater utilities?
If No, describe method for providing wastewater treatment: pre 5 C oil c
12. a. Does the project site contain, or is it substantially contiguous to, a building, archaeological site, or district
which is listed on the National or State Register of Historic Places, or that has been determined by the
Commissioner of the NYS Office of Parks, Recreation and Historic Preservation to be eligible for listing on the
Slate Revister of Historic Places?
b. Is the project site, or any portion of it, located in or adjacent to an area designated as sensitive for
archaeological sites on the NY State Historic Preservation Office (SHPO) archaeological site inventory?
13. a, Does any portion of the site of the proposed action, or lands adjoining the proposed action, contain
wetlands or other waterbodies regulated by a federal, state or local agency?
b. Would the proposed action physically alter, or encroach into, any existing wetland or waterbody?
if Yes, identify the wetland or waterbody and extent of alterations in square feet or acres:
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V4) Identity
the wpical habitat types that oceur on, or are likely to be found on the project site. ( “feck all that apply. ;
[Shoreline [2] Forest a) Agricultural grasslands [7] Farly mid-suecessional
Clwetland (0 Urban [Bsuburban
_ 1S. Does the site of the proposed action contain any species of animal, or associated habitats, listed by the Stateor = NOU) YES |
Federal government as threatened or endangered? oan
16. Is the project site located in the 100-year flood plan?
27. Willthe proposed action create storm water discharge, either from point or non-point sources?
iif ¥ e8,
3. Wil storm water discharges flow to adjacent properties?
b. Will storm water discharges be directed to established conveyance systems (runoff and storm drains)?
| lf ¥es, briefly describe:
18. Does the proposed action include construction or other activities that would result in the impoundment of water | NO | YES |
or other liquids (e.g., retention pond, waste lagoon, dam)?
if Yes, explain the purpose and size of the impoundment:
49, Has the site of the proposed action or an adjoining property been the location of an active or closed solid waste NO | YES
management facility?
If Yes, describe:
20.Has the site of the proposed action or an adjoining property been the subject of remediation (ongoing or NO | YES
completed) for hazardous waste?
if Yes, describe:
ICERTISY THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF
MY KNOWLEDGE
Applicant/sponsor/name: wie y Lo are ENO Date: 4 on ( Lo
Signature: . ae ize ro kg & Title: 3/ 2. Qs
PRINT FORM Pane Sot 3
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