Southtowns Record

Town Board minutes — August 12, 2026

Government
Town of Eden
Board
Town Board
Meeting
Aug 12, 2026
Kind
Minutes
Topics
Energy and data center siting, Zoning and land use, Water, sewer and drainage, Public safety, Budget and taxes, Parks and recreation, Audits and oversight, Moratoriums, Roads and traffic

Publisher's summary

Added by hand from the Town of Eden's minutes on eCode360.

Original document

Text · page 24 of 30

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August 12, 2026

  (8) Make any materially false, misleading, or incomplete statement or submission to the Town in connection with
  an application, approval, inspection, certification, transfer, decommissioning obligation, security instrument,
  or required compliance filing; or
  (9) Violate any other requirement of this chapter.
C.  Notice of violation and order to remedy. Upon determining that a violation exists, the Code Enforcement Officer
  or other authorized enforcement official may issue a written notice of violation and order to remedy to the applicant,
  landowner, owner, operator, lessee, successor, assign, or other responsible party. The notice shall identify the nature
  of the violation, the corrective action required, and the time within which the violation must be corrected. Notice
  may be served by personal delivery, certified mail, overnight delivery, or such other method reasonably calculated to
  provide notice to the responsible party at the address provided to the Town.
D.  Cure period. Unless a shorter period is necessary to protect public health, safety, welfare, property, the
  environment, public infrastructure, emergency access, or the Town’s financial interests, the responsible party shall
  correct the violation within 30 days after service of the notice of violation. The Town may require a shorter cure
  period where the violation involves an immediate or ongoing risk, including but not limited to unsafe electrical
  equipment, damaged fencing, blocked emergency access, stormwater failure, road damage, fire hazard, failure to
  maintain required security, or abandonment or inoperability of the Solar Energy System.
E.  Stop-work order; suspension of work. The Code Enforcement Officer may issue a stop-work order where any
  work, construction, installation, clearing, grading, repair, modification, or decommissioning activity is being
  performed in violation of this chapter, an approved plan, a permit condition, the New York State Uniform Fire
  Prevention and Building Code, the New York State Energy Conservation Construction Code, or any other applicable
  law. Upon issuance of a stop-work order, all affected work shall immediately cease except work expressly
  authorized by the Town to stabilize the site, protect public safety, prevent environmental damage, preserve
  emergency access, or correct the violation.
F.  Town corrective action; use of security. If a responsible party fails to correct a violation within the time required
  by the Town, or if immediate action is necessary to protect public health, safety, welfare, property, the environment,
  public infrastructure, emergency access, or the Town’s financial interests, the Town may, in addition to any other
  remedy available at law or equity:
  (1) Enter upon the property to inspect, stabilize, secure, repair, correct, remove, restore, or otherwise remedy the
  violation to the extent permitted by law and by any applicable approval, agreement, easement, security
  instrument, or court order;
  (2) Draw upon or make demand against any escrow, letter of credit, bond, cash deposit, or other financial security
  provided pursuant to this chapter;
  (3) Apply such funds to the Town’s engineering, legal, administrative, inspection, enforcement, stabilization,
  repair, decommissioning, removal, restoration, mitigation, and related costs; and
  (4) Require the responsible party to replenish any escrow or security drawn upon by the Town within 15 days
  after written demand.
G.  Reimbursement of Town costs.
  All costs and expenses incurred by the Town in connection with investigation, inspection, consultant review, legal
  review, enforcement, corrective action, emergency action, decommissioning, removal, site restoration, or collection
  under this chapter shall be reimbursed by the applicant, landowner, owner, operator, lessee, successor, assign, or
  other responsible party within 30 days after written demand by the Town. Such reimbursable costs shall include, but
  shall not be limited to, engineering fees, legal fees, planning consultant fees, environmental consultant fees, fire
  safety consultant fees, administrative costs, testing costs, inspection costs, emergency response costs, and costs of
  labor, materials, and equipment.
H.  Assessment and lien. If any amount due to the Town under this chapter is not paid when due, the Town may assess
  such amount against the real property on which the Solar Energy System is or was located, and such amount shall
  become a lien upon the property and shall be collected in the same manner as real prope rty taxes, to the extent
  permitted by law. This remedy shall be in addition to, and not in limitation of, the Town’s right to recover such
  amounts from the applicant, owner, operator, landowner, lessee, successor, assign, or other responsible party by civil
  action or any other lawful means.
I.  Civil and criminal penalties. Any person or entity who violates this chapter or any condition of approval issued
  pursuant to this chapter shall be subject to the penalties set forth in Chapter 225 of the Town Code and an y other
  applicable penalty provision of the Town Code. Each day that a violation continues shall constitute a separate and
  distinct offense. The imposition of a penalty shall not relieve any person or entity from the obligation to correct the
  violation, reimburse the Town, restore the property, decommission the Solar Energy System, or comply with any

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