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June 24, 2026 TOWN OF EDEN TOWN BOARD RESOLUTION RESOLUTION AUTHORIZING REFERRAL OF PROPOSED LOCAL LAW NO. ___ OF 2026 AND THE ENERGY OVERLAY DISTRICT MAP TO THE ERIE COUNTY DEPARTMENT OF ENVIRONMENT AND PLANNING PURSUANT TO GENERAL MUNICIPAL LAW § 239-m At a regular meeting of the Town Board of the Town of Eden, Erie County, New York, held on June 24, 2026. WHEREAS, the Town Board of the Town of Eden is considering Proposed Local Law No. ___ of 2026, a local law amending Chapter 172 of the Town Code relating to Solar Energy Systems and establishing an Energy Overlay District; and WHEREAS, the proposed action includes the adoption of amendments to the Town’s zoning regulations and the adoption of an Energy Overlay District Map identifying lands within the proposed Energy Overlay District; and WHEREAS, the proposed local law and zoning map amendment constitute actions subject to review and referral pursuant to Article 12-B of the New York General Municipal Law, including General Municipal Law § 239-m; and WHEREAS, Erie County has established procedures for municipal referrals requiring submission of the County’s current ZR1 Referral Form and a full statement of the proposed action through the County’s municipal referral process; and WHEREAS, the Town Board desires to refer the proposed action to the Erie County Department of Environment and Planning for its review and recommendation pursuant to General Municipal Law § 239-m; NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby authorizes and directs referral of Proposed Local Law No. ___ of 2026 and the proposed Energy Overlay District Map to the Erie County Department of Environment and Planning pursuant to General Municipal Law § 239-m; and be it further RESOLVED, that the referral shall be submitted utilizing Erie County’s current ZR1 Site Plan or Zoning Referral Form and shall include a full statement of the proposed action and such supporting materials as may be required by Erie County’s municipal referral procedures; and be it further RESOLVED, that the referral package shall include, at a minimum: 1. Proposed Local Law No. ___ of 2026; 2. Draft Energy Overlay District Map; 3. Full Environmental Assessment Form (Part 1); 4. Project description and supporting narrative; 5. Any maps, studies, exhibits, reports, or other documents deemed necessary or appropriate for County review; and 6. Any additional materials required by Erie County’s current referral procedures; and be it further RESOLVED, that the Town Supervisor, Town Clerk, Town Attorney, and such other Town officials, employees, consultants, and representatives as may be appropriate are hereby authorized and directed to prepare, execute, and transmit the referral materials and to take all actions necessary to complete the County referral process; and be it further RESOLVED, that the Town Board shall not take final action on Proposed Local Law No. ___ of 2026 or the associated Energy Overlay District Map until the Erie County Department of Environment and Planning has issued its recommendation pursuant to General Municipal Law § 239-m or until the applicable statutory review period has expired without response; and be it further RESOLVED, that upon receipt of the County’s recommendation, the Town Board shall consider such recommendation and proceed in accordance with the requirements of General Municipal Law § 239-m prior to taking final action on the proposed local law and map amendment; and be it further #143-2026: MOTION was made by Councilmember Walker to approve the resolution as presented; seconded by Supervisor Ventry; Ayes: All; Opposed: None; Abstain: None; Motion carried. Councilmember Vacco arrived at 7:00 PM. Work Session Discussion on changes in Building code for fence height recommendations and storage containers as permanent structures. Recommendations were being sent to the Planning Board for review. Discusson on ebike usage in NYS and specifically at the Town Parks where they have become a danger or destructive. The Police will be following NYS Law to enforce ebike usage and some public education about ebike safety. Supervisor’s Report 9