SUPPORTING DOCUMENTS-1 (full text)
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TOWN OF AURORA
575 OAKWOOD AVENUE, EAST AURORA, NY 14052
5 |b
BUILDING DEPARTMENT
(716) 652-7591
FAX (716) 652-3507
MEMO
TO: Chuck Snyder, and Town Board Members
FROM: Doug Crow, Chairman, Planning Board
DATE: February 5th, 2026
The following actions were taken at February 4th. 2026, meeting of the Planning Board
Chairman, Doug Crow, acknowledged there will be 7 voting members.
Norm Merriman made a motion to the Planning Board to recommend to the Town Board, to
approve the Site Plan request for 359 Quaker Road SBL# 175.06-3-9 as presented by PCW
Enterprises LLC. for the redevelopment of the present site that will include the demolition of the
existing structure and new construction of a new dental office, aid the need of a SUP for the
business.
Tim Stroth amends the motion to add any successful resolution of the NYS variance for the
hydrant and sign permit application.
Seconded by Tim Stroth
Upon a vote being taken:
Ayes- 7 Noes- 0 Motion carried
Tim Stroth made a motion to the Planning Board to recommend to the Town Board to approve
the SUP application as submitted.
Seconded by Ben Garvey
Upon a vote being taken:
Ayes- 7 Noes- 0 Motion carried
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TOWN OF AURORA O
58
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 _// 2}, 33], Sto the new amount of 2 for the
year 2026, effective as of . For the current fiscal year, the Highway Superintendent
shall be paid at the rate necessary to yield the annualized amount set forth herein, prorated as
appropriate from the effective date through the end of the fiscal year.
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 5
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:
* 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, ifa
valid petition is filed, upon approval by a majority of the qualified electors voting thereon and
subsequent filing with the Secretary of State.
Page 6
SC
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 19" day of February, 2026 at 7 PM in the conference room on the second floor 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 the Town of
Aurora Comprehensive Plan.
All interested parties are entitled to be heard upon said proposal at this public hearing. A copy of -
the Comprehensive Plan Final Draft is available for review at the offices of the Town Clerk during
normal business hours or on the Town website www.townofaurora.com.
Jeanne Viger
Town Clerk
Town of Aurora : : —
Page 7
CSD
tga 1
Solar Energy Systems Chapter 954
95A-AC: Utility-scale solar energy systems are only permitted in C-1, C-2, and C-3 zoning districts.
95A-5E: 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.
95A-6C(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.
95A-6C(6): The total surface area of a utility-scale solar energy system on a fot 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.
95A-8B{2): As regulated for accessory structures in the Commercial (C1, C2, and C3) uses in
Chapter 116 of the Town Code.
Subdivision of Land and ODA Chapter 99
Add 99-6B: 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. [move all subsequent sections down one]
99-31A(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.
Zoning Chapter 116
116-4 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.
Delete 116-8.5D(3}
Delete 116-8.5E(3)
Page 8
Delete 116-8.6E(3)
Ponds Chapter 87
87-2A: A building permit pursuant to this chapter must be issued prior to construction, at
a fee set by the
Town Board by resolution.
87-2A(3): Pond site plan approval shall be by the Town Code Enforcement Officer.
Sewers Chapter 93
93-1 Superintendent: The Superintendent of Highways of the Town of Aurora.
Page 9
Alarm Systems Chapter 35
35-1 Title. This chapter of the Aurora Town Code shall be known as the “Town of Aurora Alarm Code.”
35-2 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.
35-3 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 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.
35-4 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.
35-5 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.
35-6 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.
Page 10
35-7 Charges for false alarms. 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:
A. Police Department response.
1, First false alarm response: no charge.
2. Second false alarm response: $50.
3. Third or more false alarm responses: $100 each,
B. Fire Department response,
1. First false alarm response: no charge.
2. Second false alarm response: $50.
3. Third or more false alarm responses: $100 each.
C. EMS response,
1, First false alarm response: no charge.
2, Second false alarm response: $50.
3. Third or more false alarm responses: $100 each.
35-8 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.
35-9 Administrative review: The Chief of Police whose jurisdiction is 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 évidence 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 ofan 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.
35-10 Payment of charges. 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.
Page 11
35-11 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.
35-12 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.
35-13 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.
35-14 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.
Site Plan Chapter 95
95-1 Intent: The intent of a site plan review is as follows:
A. To evaluate the intended building design in its arrangement to and its suitability to natural site
conditions and the compatibility with surrounding land uses.
B. 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.
C. To protect and provide for the public health, safety and general welfare of the Town.
D. To conform with current zoning, the Official Map, and Comprehensive Plan, if any, now or in the
future.
E. To protect the value of land throughout the Municipality, to encourage orderly and beneficial
development upon the land, and to minimize misunderstanding in the interpretation of intended
land uses set forth in current zoning restrictions,
F, 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.
G. 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.
95-2 Applicability; exceptions. .
Page 12
A. 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.
B. An approved site plan need not accompany an application for a building permit to construct any
of the following:
1. A one-family or two-family dwelling and its permitted accessory uses or structures.
2. Acommercial 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.
3. 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
located on a parcel of land of 10 acres or more. .
4. Construction for the purposes of accessibility.
C. Notwithstanding any other provision contained in this §95-2, a site plan review will be required
for any commercial improvement constructed ona 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
95-3 Review Procedures
A. Upon applying for a building permit which requires:a site plan review, the Code Enforcemen
t
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.
B. At this time, the Town’s designated state environmental quality review (SEQR) officer will
decide if an environmental review is necessary.
C. 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
Page 13
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.
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 in 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 plan review.
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’s 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
Page 14
for the applicant to understand the basis for such determination, the criteria used by the
Twon Board and others in the determination of disapproval.
K, Upon approval by the Town Board, a complete final site plan review 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.
L. 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
procedure shall be charged to and paid by the applicant, in the Town’s discretion either
before or after they are incurred.
95-4 Submission requirements.
A. 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 ofa 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 of a licensed architect, landscape architect, professional engineer or land surveyor.
B. Sit 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 man-made features, proposed development, impact
on
stormwater pollution and other information or materials. If a stormwater pollution
prevention plan (SWPPP) is submitted pursuant to §95-4B(6) of this chapter, such SWPPP
shall be considered by the Town Board, Planning Board and others as part of an analysis of
an applicant’s site plan, and the site plan and SWPPP shall not be approved unless they
comply with the performance and design criteria and standards in Chapter 96, Stormwater
Management, of the Code.
1. Legal data
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 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.
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,
Page 15
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.
2. Impact of proposal on environs:
a. Relationship to:
i, 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
iv. The community’s ability to provide adequate recreation, education
and fire protection.
Visual compatibility with surroundings.
page
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.
3. Natural features:
a. Geological features, such as depth to bedrock and the locations of rock
outcrops.
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.
4. Existing development and infrastructure:
a. The location and dimensions of major buildings and structures.
b. The location and width of roads, private drive and paths, including site
access.
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.
5. Proposed development:
a. The intended use of the completed project.
b. A grading and drainage plan.
Page 16
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.
The location, size and design of all outdoor lighting facilities, public-address
systems and outdoor signs, including those posted on buildings.
f. Ageneral landscaping plan and planting schedule, including buffer zones
and green space.
g. An estimated project schedule and phasing plan (final site plan).
h. A performance bond, if determined to be appropriate, with the amount,
completion schedule, public improvements covered and inspection and
bond approval.
6. Impact on stormwater pollution:
a. Astormwater pollution prevention plan (SWPPP), if required for the
proposed development under Chapter 96, Stormwater Management, of the
Code,
b. The recommendation of the Stormwater Management Officer to approve,
approve with modifications, or disapprove the SWPPP pursuant to Chapter
96 of the Cade.
7. 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 .improvemenis or development project.
95-5 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 inappropriate to a particular site plan or project,
except that the requirements of §95-4B(6) of this chapter shall not be waived. a
95-6 Decision; notice and filing
A. Prior to reaching a final decision on a site plan review application, the Code Enforcement
Officer shall, if required, mail notice of such proposed action to the Erie County Department
of Environment and Planning.
B. 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 is rendered and a copy mailed to the
applicant.
95-7 Effective date. This chapter shall take effect the 11'" day of January 1999.
Page 17
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: February 4, 2026
The Building Department has accepted Site Plan application for 690 South St by Dan Mirsky of
East Aurora Baseball and Softball. The request is to place a prebuilt shed on the Pool Park
property adjacent to the snack shack and utilize it for storage of equipment and field maintenance
supplies. A site plan is required due to the proximity of properties zoned residential.
Town Code section 95-5 states that “Phe 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 inappropriate to
a particular site plan.”
Ifthe Town Board does not waive the referral, then the application shall be referred to the
Planning Board for their review and recommendation. After receiving the recommendation, the
Town Board shall schedule a public hearing.
Due to the proximity of the property to the municipal boundary, a referral to Erie County
Department of Environment and Planning is required as per GML §239-m.
This is a Type IT Action for purposes of SEQRA and does not require a determination by the
Town Board.
Please contact my office with any questions.
Liz Cassidy
Page 18
TOWN OF AURORA
SITE PLAN REVIEW APPLICATION
Date submitied: _ 2/2/26
Applicent name: East Aurora Baseball & Softball
Applicant address: PO Box 105, East Aurora, NY 14052
Property owner: “oun ot fur bye
owner'saddress 919 DAlword hee Ger Aare
Property address: p44) Cpulh_ Gr
spi#()__\T.04— j- 1
meet
Prior owner
Is site adjacent to or within 500 feet of an “R? District? yc S
Proposed Project: New shed for baseball and softball storage
Commercial > Multi family Number of dwelling units
Zone: _()S Total property Acreage; — |-4 Acreage covered by bldg. ou4
Square footage of building: _ 200! (20'x 10') “Cubic footage of building:
Aggregate square footage of other buildings on property: ia AGW
FEE SCHEDULE
Up to 5000 cu ft (20 x 25 x 10) - $50 plus (+) $100 per acre or fraction of acre,
Up to £0,000 ou ft ~ $75 plus (+) $100 per acre or fraction of acre.
Over 10,000 cu ft - $75 phus (+) $5 per 1,000 cu ft over 10,000 cu ft plus G) $100
per acre or fraction of acre,
tap
eI
Base fee for cu ft _$ __. Town Clark/Deputy Clerk
Each 1,000 cu ft over 10,000_§
stohnaas
SEOR action: _‘Type I (Long EAP) SLL type I
Sho if, RAF) ‘Aistod (Short BAF
Page 19
Submission Requirements for Town of Aurora Site Plan Review
The Applicant shall submit to the Superintendent of Building a completed
Site Plan Review application as
well as 15 copies of the following documents where deemed necessary,
J, A boundary survey with site plan showing proposed lots, building
locations (Proposed and existing),
land use areas, utility casements, right-of-way boundaries, North atrow,
date, scale, existing wetlands
were applicable. ttl
eh Topographical Survey based on United States Geological Survey data
to extend a reagonable distance
y J... proposed site. Also Jist any changes to current topography.
Location of existing and proposed easements,
ie Existing natural features such as watercourses, watetbodies, wetlands
, wooded areas, flood hazard
areas, 15% or mote slope areas. Any changes to these features are to be
noted.
1B Senn pollution prevention plan (SWPPP), if affecting an acre or more
NRCSei Test, regarding characteristics, capabilities and/or limitations
for develop ment according to TOA.
soil district
jf Location and design of all existing on-site as well as neighboring improve
ments including drainage,
culvert pipes, waterlines, sanitary and storm sewer systems, retaining walls and fences.
Location and design of all utilities, proposed and existing, including, but
not limited to electric, gas,
water, cable, etc,
of Location and design of all proposed and existing streets, parking lots,
service ateas, access drives,
icycle and pedestrian ways within and neighboring proposed site.
ND Location, height of buildings and front, side, and rear lot dimensions of all proposed
building s.
a/cocation of all open space designated for “Green space”, parks, playgrounds, lands
cape screening and
general landscape proposals. , iS
NeprCoeton, size and design of all proposed signage and outdoor lighting.
;9 Building elevation drawings, when required. yuo $ sw |
tading and drainage plan showing existing and proposed contours at intervals
not exceeding 2 feet,
Inchide measures, devices and or structures for erosion and runoff control
during and after
construction.
hase of nearest fire hydrants and access for firefighters and their equipment. Ue CN WA aN Sud
ion plan identifying plant materials, location of refuse areas, dumpsters and
Queda.gk-
P rovisions for visual and noise screening,
19/Shért BAF form — see attached
RY If not in “B’ district, notify abutting properties of proposed plans (Buildi
ng Department will help).
's approval needed by any other agency such as NYS Freshwater Wetland permit,
US Anmy Corp of
Engineer and Federal Wetland impact permit for this project? If so,
list the approval type and time
frame of approval.
Page 20
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 of Part 1. Responses
become part of the application for approval or funding, are
subject to public review, and may be subject to further verifica
Complete Part 1 based on information currently available, If additional Tesearch or investi tion,
respond to any item, please answer as thoroughly as possible based gation would be needed to fully
on current information,
Complete alt items in Part 1. You may also provide any additional
information which you believe will be needed by
to the lead agency; attach additional pages as hecessary to supplement or useful
any item,
Part t - Project and Sponsor Information
Name of Action or Project:
New shed for East Aurora Baseball and Softball storage
Project Location (describe, and attach a location map):
Next to existing Snack Shack
Brief Description of Proposed Action:
We would like to install a 20' x 10' storage shed next to the existing Snack Shack structure. ;
This shed will be used to store baseball and softball equipment, and field maintanence supplies.
Name of Applicant or Sponsor:
Telephone: 746-289-1349 (Dan Mirsky)
East Aurora Baseball & Softball
E-Mail: [email protected]
Address:
PO Box 105
City/PO:
» East Aurora State: Zip Code:
NY m ree
1. Does the proposed action only involve the legislative adoption of a
plan, local law, ordinance, NO | YES |
administrative rule, or regulation?
Tf Yes, attach a narrative description of the intent of the proposed action
and the environmental resources that rl
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 governmental Agency? NO | YES
Tf Yes, list agency(s) name and permit or approval:
Prushiny POCnu}
3.a, Total acreage of the site of the proposed fiction?
[I |b
acres
b. Total acreage to be physically disturb
acres
¢. Total acreage (project site and any contiguous properties) owned
or controlled by the applicant or project sponsor?
acres
4, Check all land uses that occur on, adjoining and near the proposed action,
(Urban = []Roral (non-agriculture) [CO] ndustrial LiCommercial D&fesidential (suburban)
[Forest [lAgricutture TAquatic — other (specify):
Pibarkdand
Page 1 of 3
Page 21
5. Is the proposed action,
a. A pertnitied use under the zoning regulations? N/A
mA
5
b. Consistent with the adopted comprehensive plan?
Keo
6, Is the proposed action consistent with the predominant character of the existing built or
natural
landscape?
7, Is the site of the proposed action locuted in, or does it adjoin, a state listed Critical
Environmental Arca?
If Yes, identify:
LJ]
8. a, Will the proposed action result in a substantial increase in traffic above present levels?
4)
b, Are public transportation service(s) available at or near the site of the proposed action?
¢. Are any pedestrian accommodations or bicycle routes available on or near site of
the proposed action?
9. Does the proposed action meet or exceed the state energy code requirements?
If the proposed action “ ‘a requirements, describe design features and technologi
LA |e El Is
es:
DY 8 ES
10, Will the proposed action connect to an existing public/private water supply?
If No, describe method for providing potable water: N | K&
ee SERI
11. Will the proposed action connect to existing wastewater utilities?
If No, describe method for providing wastewater treatment:
M { fe
im
12, a, Does the site contain a structure that is listed on either the State or
National Register of Historic
Places?
b, Is the proposed action located in'an archeological sensitive area?
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
oOo
wetland or waterbody?
If Yes, identify the wetland or waterbody and extent of alterations i
h square feet or acres;
14, Identify the typical habitat types that occur o n, or are likely to be found
on the project site, Check all that apply:
Shoreline [Forest Dl Agricutturai/grasslands C]Batly mid-successional
[J] Wetland Curban {suburban
15. Does the site of the proposed action contain any specics of animal,
or associated habitats, listed
by the State or Federal government as threatened or endangered?
PIEelees
16. Is the project site located in the 100 year flood plain?
ql
17, Will the proposed action create storm water discharge, either from
point or non-point sources? YES
Tf Yes, .
a, Will storen water discharges flow to adjacent properties?
LJ] No Lves J
b, Will storm water discharges be directed to established conveyance systems
If Yes, briefly describe:
(tunoff and storm drains)?
No. [ves
Page 2 of 3
Page 22
18, Does the proposed action include construction or other activities that
result in the impoundment of NO | YES
water or other liquids (e.g. retention pond, waste lagoon, dam)?
Tf Yes, explain purpose and size:
O
x
19. Has the site of the proposed action or an adjoining property been
the location of an active or closed NO | YES
solid waste management facility?
If Yes, describe:
CJ
20, Has the site of the proposed action or an adjoining property been the
subject of remediation (ongoingor | NO | YES
completed) for hazardous waste?
Tf Yes, describe:
TAFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE
AND ACCURATE TO THE BEST OF MY
KNOWLEDGE
Applicant/sponsor name: Dan Mirsky, President EA Baseball & Softball Date: 2/2/26
Signature: Can Mir SKY
PRINT FORM Page 3 of 3
Page 23
Page 24
Page 25
Page 26
Page 27
ap *
; Tum at
a wae
SUPERVISOR . rota TOWN CLERK
CHARLES D. SNYDER = JEANNE H. VIGER
(716) 652-7590 (716) 652-3280
[email protected] [email protected]
TOWN OF AURORA ve
575 Oakwood Avenue, East Aurora, NY 14052 le
www.townofaurorany.cov
MEMO
TO: Town Board
FROM: Kathleen Moffat
RE: Close Capital Project HS Purchase of Firehall/Improvements New Town Hall
DATE: — 02/09/26
On 12/30/25, the Town received the final grant monies awarded for the New Town Hall capital project.
The
project is now complete and has a cash balance of $55,616.61. Based on discussions with
our auditors and
Supervisor Snyder, 1 respectfully request approval to transfer $55,616.61 from capital
project H5 to A General
Fund and use the funds towards the 4/1/26 payment associated with the 2021 debt issuance. The transfer
would
be effective [2/31/25 and the capital project would then be closed.
Page 28
s BANK OF
HOLLAND Wire Transfer Agreement
The Wire Transfer Agreement (“Agreement”) is entered into as of February 1 , 2026 (the
“Effective Date’) between Bank of Holland (hereinafter referred to as “we’, “us”, “our” or “Bank”) and
the
business entity, Town of Aurora (hereinafter referred to as “you’, “your” or
“yours”).
1. Scope of the Agreement — This Agreement applies to Wire Transfers made from business
accounts.
This Agreement does not apply to any fund transfers covered by our ACH Agreement, or
to any fund
transfers that are “Remittance Transfers” as defined in the Electronic Fund Transfer Act (15 U.S.C.
16930-1) and Regulation E, Subpart B (12 C.F.R, 1005.30 et seq.).
Acceptance of Wire Transfers — We will accept requests for Wire Transfers made pursuant to this
Agreement and will charge the Account(s) you have designated for any such Wire Transfers.
Wire Transfer services are provided as a service to you, and we may, in our sole discretion,
decline to process any request for a Wire Transfer without cause and without prior notice. If
we decline
to process a Wire Transfer request, we may notify you by any means we choose, including orally,
by
email or in writing. We will not process Wire Transfer requests with incomplete required
information.
Security Procedures — To ensure that any Wire Transfer request is duly authorized, there are security
procedures that apply to Wire Transfer requests. You agree that we may verify the authenticity of any
Wire Transfer request, or any communication requesting cancellation or amendment of any
Wire
Transfer request, by following our security procedures. These procedures may include,
but are not
limited to: signature verification, positive identification by at least one photo identification and one other
piece of identification, and/or telephone callback procedures, You agree that any Wire Transfer request
to us in your name that is made in compliance with this Agreement is effective as your Wire
Transfer
request, whether initiated by you, so long as we follow these security procedures. You understand
and
agree that if we are unable to verify the authenticity of your Wire Transfer request, we may,
pursuant
to our security procedures, decline to process your Wire Transfer request, and we shall have no liability
of any nature whatsoever if we do so.
Cut-off Times — Wire Transfer Requests must be received by us prior to our cut-off time in
order to be
processed on the business day of your request. Our cut-off time for incoming and outgoing
Wire
Transfers is 2:00 pm Eastern Time. A “business day" for Wire Transfer purposes is any
day except
Saturdays, Sundays and Federal holidays. Our cut-off time is subject to change without
notice. Wire
Transfer requests received after the cut-off time on a business day, or on a day that is not
a business
day, may not be processed until the next business day we are open,
Cancelling or Amending a Wire Transfer ~ You understand and agree that you will have
no right to
cancel or amend a Wire Transfer request after we receive it. The previous sentence notwithstan
ding,
we will make a reasonable effort to act on a request to cancel or amend a Wire Transfer payment
order
made by you prior to the time that we execute such payment order, but we have no liability if your
cancellation or amendment request is ineffective. After a Wire Transfer payment order has been
sent,
we may also make a reasonable effort to respond to your request to cancel or amend
the payment
order, but you understand and agree that we may be unable to cancel or amend a payment
order once
it has been accepted by the recipient financial institution. Cancellation or amendment requests
may be
made by phone, but must be followed by a written request and must be made in accordance
with our
Page 1 of 3
Page 29
security procedures. You agree to hold us harmless for any losses or expense related to cancellation
or amendment of Wire Transfer payment orders, including any charges or expenses incurred.
Processing of Wire Transfer Requests — We will generally use the Federal Reserve funds transfer
system to process Wire Transfers, but we may use any means and routes that we, in our sole
discretion,
consider suitable for the transmission of funds. The Federal Reserve Board's rules, regulations,
and
policies place aggregate limits on the amount that financial institutions may transfer from time to
time
during any business day. In the event such limits cause a delay or a failure to transfer any amount
specified in any Wire Transfer request we receive from you, you understand and agree that
we shall
have no liability and are not responsible for any such delay or failure to transfer funds so long as we
Promptly notify you of such failure or delay, and effectuate the transfer as soon as is reasonably
possible thereafter.
Inconsistency of Name and Identifying Numbers — To ensure the accuracy of Wire Transfer
payment orders, we rely on the routing number and account number you furnish to us when identifying
the recipient of any Wire Transfer payment order. You understand and agree that we and any other
financial institution may rely upon any such identifying routing number and/or account number given to
us in connection with any Wire Transfer request as being the correct routing number and/or
account
number, even if the number identifies a person different than the named beneficiary or
identifies a
financial institution different from the named financial institution. Neither we nor any other financial
institution has a duty to determine whether an identifying number you have furnished matches the
intended beneficiary or the named financial institution.
Errors — You agree to review all account statements, online banking documentation,
and other
documentation of your Wire Transfer promptly, and to report any error or discrepancies
to us
immediately.
Liability — We will not be liable if we have acted in accordance with the instructions you give us
in
connection with any Wire Transfer request. You understand and agree that we shail have
no liability of
any nature for any delays or mistakes in processing a Wire Transfer request, so long
as we act in good
faith and with reasonabie care. We shall not be responsible for any delays or mistakes caused by other
parties through whom we transmit funds, regardless of whether such other parties
were selected by
you or by us. In no event, however, will we be liable for any special, indirect, or consequential
damages
(including lost profits) of any kind unless the law requires a different standard. We are not
required to
pay interest on any amount we may owe to you due to an unauthorized Wire Transfer arising
out of our
error unless you exercise ordinary care to discover the unauthorized transfer and promptly
advise us
of the relevant facts within the time period set forth in your Account Agreement.
10. Amendments — We may amend this Agreement, from time to time, by sending you a copy
of any
amendment at least 30 days prior to its effective date. This Agreement may also be amended
by a
written amendment executed and signed by you and the Bank.
11. Termination — We may terminate this agreement at any time by giving written or oral notice
to you.
Unless we terminate this Agreement, the Agreement shall remain in effect until we receive
written notice
of termination from you and have been afforded a reasonable opportunity to act on your terminatio
n
notice. You may not assign this Agreement to any other party.
12. Charges and Fees ~— We will charge your account for any Wire Transfer payment orders
initiated by
you, including applicable fees and expenses as stated in the Fee Schedule.
13. Oral Agreements — This Agreement represents the final agreement between you and us with
regard
to this subject matter covered by this Agreement, and there are no unwritten oral
agreements between
us that are not expressly contained in this Agreement. No representation or statement
not expressly
contained in this Agreement or in any amendment shall be binding upon you or us.
Page 2 of 3
Page 30
14. Force Majeure — We will not be liable for a failure to execute a Wire Transfer according to
your
instructions if an interruption in communication facilities or some other circumstance beyond our
control,
such as fire or flood, prevents the transfer, despite reasonable precautions we have taken.
15. Severability ~ |f any provision of this Agreement is finally determined by a court of competent
jurisdiction to be unenforceable or invalid, then such determination shall apply only to the affected
provision(s), and all other provisions of this Agreement shall remain in full force and effect.
16. General ~ You agree that only our wire transfer forms, methods, and procedures may
be utilized. You
also agree that in the event of an error, we may correct any such error without prior approval or notice
to you.
16. Governing Law — This Agreement is governed by the provisions of Regulation J, 12
CFR Part 210,
Subpart B, including the Appendices, to the extent that any wire transfer request is carried out. This
Agreement is also subject to all applicable Operating Circulars of the Federal Reserve Bank
in the
district in which we are located, and any other applicable provisions of federal or state law.
To the
extent that Regulation J does not apply to this Agreement, this Agreement shall be governed
by the
laws of the state in which we are chartered, and any terms used in this Agreement which are not
defined
in this Agreement shall have the same meanings as defined in Article 4A of the Uniform Commercial
Code.
You understand and agree that Bank of Holland will only execute a Wire Transfer which
meets the above
guidelines, and which otherwise complies with the terms and conditions of this Wire Transfer
Agreement.
Company Name: Town of Aurora
Company Address: 575 Oakwood Ave
East Aurora, NY 14052
Telephone Number. (716 ) 652-7590
E-mail Address: CSnyder
@ townofaurora.com
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly
authorized representative and same shall be effective as of the date of execution and acceptanc
e by the
Bank, as set forth below.
Bank of Holland Town of Aurora
fain Institution Company Name
Au O\ “SI COOLS.
Bank representative signature Company representative signature
Kelly A. Bloom Charles D. Snyder
Printed Name Printed Name
Branch Administrator Supervisor
Title Title
Page 3 of 3
Page 31
Ms BANK OF (oD
* HOLLAND
POSITIVE PAY SERVICES AGREEMENT
The Positive Pay Services Agreement (“Agreement”) is entered into as of
February 1 , 2026 (the “Effective Date”) between Bank of Holland
(hereinafter referred to as “we”, “us”, “our” or “Bank”) and the business entity,
Town of Aurora , (hereinafter referred to as “you”, “your” or
“yours”).
This Agreement is controlling in the event any provision of this Agreement conflicts with
any other agreement between the parties, including but not limited to the Terms and
Conditions of Your Account, the Business Online Banking Customer Agreement and
Disclosure Statement and the account signature cards.
You certify by signing this Agreement that you agree to all provisions contained herein.
|. DEFINITIONS
1. Account means any account of yours, maintained by the Bank, which is covered
under this Agreement.
2. Business Day means Monday through Friday except Federal Reserve holidays.
3. Check File means the record describing checks written by you that are
submitted to the Bank for the Account on file.
4. Exception Item means a Presented Item that does not match an item in your
check file.
5. Exception Report means a report or record describing Exception Item(s) which
is provided to you by the Bank.
§. Item means any Check that has cleared or attempted to clear your Account or is
listed in either the Exception Report or Check File that you have submitted to the
Bank.
7. Pay Request means your instruction to the Bank to pay an item on the Exception
Report.
8. Presented Item means a check drawn on your Account and presented to us for
payment through the Federal Reserve.
9. Return Request means the instructions you have given the Bank not to pay an
Exception Item.
The Service: The Positive Pay check program (the “Service’).is designed to reduce the
likelihood that an unauthorized check will be paid against your Account. You will submit
electronic files to the Bank that identify checks that have been validly issued by you that
have been authorized against your Account. As checks are presented for payment, we
will match the incoming checks against the file(s) of issued items. Checks that do not
match the list of validly issued items provided by you will be reported electronically back
to you by the Bank as an exception. This will enable you to instruct us when to return
items drawn on your Account that appear to be counterfeit, altered, or are otherwise not
validly issued by you. The Service is available only through our Cash Management
program and will be available through Business Online Banking.
Page 1 of 4
Page 32
Provisions of Services: The services to be provided to you shall include only the
services expressly set forth in the Agreement. This Agreement supplements the other
terms and conditions set forth in the Bank’s Terms and Conditions of Your Account, the
Business Online Banking Customer Agreement and Disclosure Statement and all related
disclosures that you have previously agreed to. The Bank has the right to determine, in
our sole discretion, the nature and extent of the services to be provided. The services
described herein are the sole property of the Bank and any third-party vendors utilized to
provide the service. You shall have no rights to the services, other than those rights
expressly granted under this Agreement.
Training: The Bank will conduct training to instruct you on how to transmit a check file
through the Positive Pay Service in Business Online Banking.
File Transmission Requirements: You must transmit the file in a file format approved
by the Bank. Check Files must be submitted in one of the following formats: Excel, Fixed
Length File, CSV (Comma Separated Variable), or Manual Entry.
Exception Reports: The Bank will compare the Check File received from you to checks
presented for payment on the Account(s). The Bank will then prepare an Exception
Report for the prior Business Day on each Account for which you have requested the
Service. The Exception Report will list all checks which were not included in the Check
File submitted by you and any check presented for a different amount than what the
Check File had authorized.
Deadlines:
File Transmission Deadline: You must provide us with the Check File(s) via the
Positive Pay system through Business Online Banking no later than 5:00 p.m.
(Eastern Standard Time) on a Business Day. You may send more than one file
per day. Check files received after the cutoff time may be processed the next
business day.
Pay/Return Decision Deadline: You must notify the Bank of any Pay Request
or Return Request for all exception items by 11:00 a.m. (Eastern Standard Time)
on the same business day that you received the exception report. Any checks or
ACHs that you have not made a Pay/Return Decision on by 11:00 a.m. (Eastern
Standard Time) will be authorized and paid per standard banking
procedures. We shall not be required to verify checks on the exception report
against previously cleared or posted items.
Services Fees and Additional Charges: Service fees apply to the use of Positive Pay.
Fees are subject to change. You agree to pay such charges and authorize us to deduct
the calculated amount from your account for the payment amounts as well as any
additional charges that may be incurred by you. Any fees associated with your standard
deposit accounts will continue to apply. You are responsible for all fees, service charges
or data usage amounts that may be assessed by your internet or telephone provider.
Termination:
e The Bank may terminate this Agreement at any time for any reason by
providing written notice to you by fax, e-mail or mail. Any termination of this
Agreement by us shall not affect any of your obligations under this Agreement
regarding all transactions initiated prior to such termination.
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Page 33
e You may terminate this Agreement by providing written notice to us; such
notice shalt be effective the Business Day following our receipt of the
cancellation notice.
Reservation of Rights: We reserve the right to change the fees for Positive Pay or the
tules, including but not limited to the required reporting timelines, stated in this
Agreement at our discretion by providing written notice to you by fax, e-mail or mail at
least 30 Business Days prior to implementing such change.
Confidentiality: We shall exercise care to preserve your confidential information. You
understand and agree that it is within our normal banking procedures to maintain the
confidentiality of customer information and prevent unauthorized transactions.
You acknowledge that the service, any database and any proprietary data, processes,
methods, information or documentation disclosed or made available as part of the
service are the exclusive and confidential property of the Bank. You should use the
same care and discretion that we do with respect to your confidential property, in no
event should you use less than reasonable care. Upon expiration or termination of this
Agreement for any reason, you shall return any and all copies, written and electronic, of
such confidential information to the Bank.
Limitation of Liability and Indemnification: Any item that we return in accordance with
the terms of this Agreement will be deemed to be not properly payable. Any item drawn
on the Account that you authorize us to pay in accordance with this Agreement will be
paid without performing any other check verification procedures. You hereby agree that,
once you have authorized the payment of a check against the Account utilizing the
Service, we will have no liability whatsoever for paying the item, regardless of whether or
not the item was validly issued or authorized by you and whether or not we have
performed any additional verification procedures for the item(s). You (i) agree to
indemnify and hold the Bank harmless from any losses or liabilities it may suffer or incur
as a result of us returning or paying a check or other debit transaction against the
Account based on your Pay/Return Decision, and (ii) release and forever discharge the
Bank, its officers, directors, employees and agents, from any and all manner of action or
actions, suits, claims, damages, judgments, levies, executions, expenses, costs,
interest, attorney’s fees and legal expenses, whether known or unknown, liquidated or
unliquidated, fixed, contingent, direct or indirect, which you have, may or shall have or
claim to have against the Bank regarding or relating to the payment or return of any item
pursuant to the provisions of this Agreement.
Warranties: YOU UNDERSTAND THAT THE BANK DOES NOT MAKE ANY
WARRANTIES ON EQUIPMENT, HARDWARE, SOFTWARE OR INTERNET
PROVIDER SERVICE, OR ANY PART OF THEM, EXPRESSED OR IMPLIED,
INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE. THE BANK IS NOT RESPONSIBLE
FOR ANY LOSS, INJURY OR DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL
OR CONSEQUENTIAL, CAUSED BY THE INTERNET PROVIDER, ANY RELATED
SOFTWARE, OR THE BANK’S USE OF ANY OF THEM OR ARISING IN ANY WAY
FROM THE INSTALLATION, USE, OR MAINTENANCE OF MY PERSONAL
COMPUTER HARDWARE, SOFTWARE, OR OTHER EQUIPMENT.
Governing Law: This Agreement shall be construed in accordance with and governed
by the laws of the State of New York and the federal laws of the United States of
America. The parties agree that the applicable portions of the Uniform Commercial
Page 3 of 4
Page 34
Code, as adopted in the State of New York, shall apply to the transactions contemplated
by this Agreement except to the extent expressly prohibited by federal law.
Headings: The headings to sections of this Agreement are included for ease and
reference and shall not be deemed to create rights, remedies, claims or defenses arising
under this Agreement.
Severability: Should any part of this Agreement be held illegal, invalid, or
unenforceable, the remaining provisions shall remain in full force and effect.
Company Name: Town of Aurora
Company Address: 575 Oakwood Ave
East Aurora, NY 14062
Telephone Number: (716 ) 652-7590
E-mail Address: [email protected]
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed by their duly authorized representative and same shall be effective as of the
date of execution and acceptance by the Bank, as set forth below.
Bank of Holland Town of Aurora
Financial Institution Company Name
le A Q AS —_
Bank representative signature Company representative signature
Kelly A. Bloom Charles D. Snyder
Printed Name Printed Name
Branch Administrator Supervisor
Title Title
Page 4 of 4
Page 35
on
- - «
BANKOF G by Bank Of Holland
HOLLAND
* 12 S. Main Street
‘Acheter wey to bak” Holland, NY 14080
Phone: 1-718-655-4667 Fax: 1-716-655-6607
Merchant Capture Agreement
This Merchant Capture agreement (‘Agreement’) contains the terms and conditions that
govern use of the Merchant Capture service supplied to you
by Bank Of Holland. By signing this Merchant Capture application, you accept and
agree to be bound by this Agreement, the fees and charges set
forth in the Merchant Capture Pricing Schedule, and by all applicable state and federal laws and
regulations.
In this agreement, the words “you” and “your’ refer to each customer who uses
the Merchant Capture Service. The capitalized terms “Bank
of Holland” or the “Bank” refers to the Bank of Holland, New York. The term “Check
24 Law’ refers to the federal law commonly known as “The
Check Clearing for the 21" Century Act.”
Merchant Capture Pricing Schedule
The fees and charges set forth in the Merchant Capture Pricing Schedule that accompanies
this Agreement are in addition to any other fees and
charges payable by you to the Bank. Bank of Holland reserves the tight to change, amend,
or otherwise revise the eDeposit Pricing Schedule at
any time. If fhe Merchant Capture Pricing Schedule is revised, the Bank will notify you 30
days in advance. You are required to maintain a checking
account with Bank of Holland for settlement of Merchant Capture deposits.
Merchant Capture Service
You have chosen to use check conversion technology to convert original checks to check
images for deposit with Bank of Holland as the Bank of
first deposit. You will transmit electronic copies of the original checks using the scanner
which has been provided to you. You understand and agree
that the Merchant Capture Service may be provided by the Bank or by its designated agent.
Your Duties and Obligations
As you convert original checks into electronic images for transmission and deposit into your
account, you must transmit all of the information from the
front and back of the original check. You are responsible for all warranties or indemnificati
ons for the Reconverting and Truncating Bank, as defined in
the Check 21 Law. You also warrant that no depository bank, drawee, drawer, or endorser will
be charged for a Substitute Check, original check, or
other electronic representation for a check that has already been paid.
If you create a Check Image for deposit into your account, you agree that:
a, You will undertake prudent measures designed to verify the identity of individuals issuing items to you.
b, Items will not be otherwise deposited or negotiated in any form with another bank, credit union
or other entity if it has been scanned and accepted
for processing. If duplicate deposits are made in error, you will be liable for reimbursing customer(s);
c, The check Image accurately represents all of the information on the front and back of
the original check as of time the original check was
converted;
d. The check image bears all endorsements applied by any party that previously handled the
original check in any form for forward collection or return;
@. The check image preserves the identity of the other bank or other party as required by law; and,
you agree that
f. Original checks will be maintained in a secure location for 60 days to permit research if items are
questioned by parties involved in the processing
and clearing of a transaction or become the subject of any other legal Inquiry. After the 60 day period,
we require that the chacks be destroyed.
g. Submit an e-mail notification of Merchant Capture total to: [email protected]
You agree that you will not transmit for deposit any item that (i) is issued by you or any affiliate,
(ii) you suspect or should know to be fraudulent or not
authorized by the legal owner of the account on which the check is drawn, or (il) is a foreign
item drawn on a financial institution that is located outside
of ithe United States or Territories of the United States.
The Bank reserves the right to eliminate or change any of the function capabilities at any time without
prior notice. You will be responsible for authorizing
access to Merchant Capture to appropriate employee(s) and assigning User IDs to such appropriate
employees. Customer is responsible for all
transactions made through any established User IDs and password. Customer and User will not
make any passwords avaitable to any non-authorized
persons. Customer will be responsible for determining if they want to separate duties. For instance,
one person could scan and submit the deposit while
another could verify transaction statements or review Merchant Capture reports. The Bank will
not be fiable for non-authorized use of Merchant
Capture or for any losses that may result. Customer will notify Bank of Holland immediately if
Customer believes that a User ID and/or password
have been used without permission. Customer and User will not disclose any information pertaining
to its use or the components of Merchant
Capture to any non-authorized User. Customer has received and understands all new account
disclosures connected with opening of Accounts and
acknowledges that this Agreement is in addition to any of these agreements and disclosures.
Customer will continue to have access to regutar
Account statements that describe all transactions for the Accounts including the transactions that
Customer has initiated through Merchant Capture.
Customer is responsible to review all statements in a timely manner (within 60 days) and report in writing
any irregularities to the Bank at once.
“You agree to indemnify the Bank for any loss or expense, including attorney fees and disbursements
, which the bank incurs as a result of your breach of
the warranties set forth in this Agreement. You also agree to defend, indemnify, and hold the Bank
harmless from and against ail liability, damage, and
loss, including attorney fees and disbursements, arising out of any claims, suits, or demands brought
by third parties against the Bank with respect to
any check image including, without limitation, any errors arising out of keying errors on reject
items. You also agree to indemnify, defend, and hold
harmless the Bank from and against any and all losses, costs, expenses, fees, claims, damages,
liabilities, and causes of actions (including attorney
fees and disbursements) of third parties resulting or arising from (a) your fallure to abide
by or perform any obligation imposed upon you under this
Agreement; (b) the willful misconduct. fraud, criminal activity, intentional wrongdoing, or negligence
of you or any of your representatives involving use of
the Merchant Capture service; (c) the actions, omissions, or commissions of you, your
employees, consultants, and/or agents relating to the
Merchant Capture Service; and from (d) any transmission or instruction, whether or not authorized,
made by you in connection with the Merchant
Capture Service that is acted upon by the Bank in good faith.
Merchant Capture Annual Audits
You agree to implement appropriate decument management procedures at your
place of business to ensure the safety and integrity of
deposited items from the time of receipt untit the time of destruction or other voiding.
The Bank reserves the right to perform a site
evaluation to review management and operational controls, staffing and the
need for training and ongeing support, and the IT
infrastructure. In addition, the Bank will perform annuat audits at the customers location related to IT, Remote Deposit Capture and
associated operational processes,
Page 1 of 3 tev 01-2018
Page 36
BANKCOF Bank Of Holland
HOLLAND
1 bed Ld 12 S. Main Street
Acheter
tay to bark.” Holland, NY 14080
Phone: 1-716-655-4667 Fax: 1-716-655-6007
Merchant Capture Agreement
Merchant Capture Threshold Limit
A deposit dollar amount threshold will be put in place due to the credit risk associated with Merchant Capture.
This limit will be
monitored by the Bank and may be changed at any time.
At the time of the signing of this contract, the Company's Maximum Merchant Capture Threshold Limit within
a one (1) day period has
been set at:
g_1,500,000.00
Bank Of Holland Duties and Obligations
Bank Of Holland will review and process all transactions received during the hours established by the Bank for accepting
items deposited through
the Merchant Capture Service, except when prevented from doing so due to equipment or electrical failures or
any other condition beyond the
reasonable control of the Bank. If the Merchant Capture Service Is not functioning, you wilt need to
make your deposit at one of
our branches. Bank of Holland will respond to client e-mail regarding status of submitted Merchant
Capture and credit your account the
same business day. Items deposited after 5:00 P.M. EST. will be processed on the next business day. The
Funds Availability Schedule set
forth in the Funds Availability Policy Disclosure will apply to all deposits made using the Merchant Capture Service.
Merchant Capture Service Scanner
Bank of Holland has provided you with a Scanner to convert original checks into electronic images for transmission
and deposit into your account.
The Bank did not manufacture the scanner. The Bank owns the scanner, The Bank has provided the scanner to you
on a "WHERE IS, AS |S” basis,
without any warranties, either expressed or implied.
The Bank will service the scanner or provide a replacement scanner in the event that the scanner should stop operating
properly. The scanner remains
property of Bank of Holland.
Warranties; Disclaimer of Warranties
The Merchant Capture service is provided on an “as is” and “as available” basis. The Bank makes no warranties
and expressly disclaims all
warranties, express or implied, regarding the Merchant Capture service, including the warranty of title
and the implied warranties of
merchantability, fitness for a particular purpose, and non-infringement. Without limiting the generality of
the foregoing, the Bank disclaims any
warranties regarding the operation, performance or functionality of the Merchant Capture service (including,
without limitation, that it will operate
without interruption or be error free). There are certain security, information corruption, transmission error, and
access availability risks associated
with using open networks such as the Internet and/or telecommmunication lines or circuits. You hereby assume
all such risks associated with use of the
Merchant Capture service.
Limitation of Liability
The total liability of the Bank in connection with any deposit error arising from your use of the Merchant Capture Service
shall be limited to a
correction of any error arising from the negligence of the Bank.
The Bank’s maximum potential liability shall, in any event, be limited to direct damages sustained by you as a
direct result of the Bank's gross.
negligence or willful misconduct. The maximum aggregate liability of the Bank resulting from any such claim
shall not exceed the total fees paid by
you for the Merchant Capture service in the six-month period Preceding the date of the claim. In no event
shall the Bank be liable for special,
incidental, punitive or consequential loss or damage of any kind, including lost profits.
Term and Termination
The term of this agreement shall begin when you sign the Merchant Capture application and shall continue for so long
as you continue until you
notify Bank of Holland otherwise. The Bank may, at any time, terminate your use of Merchant Capture Service.
Credit Report
The undersigned hereby authorizes Bank of Holland to verify credit and employment history and/or have a credit-reporting
agency
Prepare a credit report on the undersigned individuals
Amending This Agreement
The Bank may change, amend, or otherwise revise this agreement at any time, You agree to be bound by the current
version of this Agreement. If this
Agreement is revised, the Bank will notify you.
Bank of Holland Town of Aurora
Financial Institution Company
By: Lf By:
Name: Aimothy W. Dickey / Michelle L. Maloney Name: Charles D. Snyder
Title: President / Senior Loan Officer Title: Supervisor
Date: 02/01/2026 Date: 02/01/2026
Page 2 of 3 rev 01-2018