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

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

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August 12, 2026

  (8) The requested relief is consistent with SEQRA and any environmental review conducted for the Solar
  Energy System;
  (9) The requested relief will not impair the Town’s ability to enforce this chapter, any approval, any approved
  plan, any security requirement, any decommissioning obligation, or any condition of approval; and
  (10)  The requested relief is in the best interests of the Town and is consistent with the public health, safety,
  and welfare.
  I. Conditions. In granting relief, the Town Board may impose such conditions as it determines necessary to
  protect neighboring properties, nonparticipating residences, public roads, public infrastructure, agricultural
  lands, emergency access, environmental resources, scenic resources, community character, and public health,
  safety, and welfare. Conditions may include, without limitation, additional screening, additional setbacks where
  legally permissible, alternative mitigation, monitoring, reporting, inspection, testing, maintenance, emergency
  response measures, agricultural protections, stormwater protections, financial security, escrow replenishment, or
  other conditions necessary to ensure compliance with the purposes of this chapter.
  J. Decision. The Town Board may grant, grant with conditions, or deny a request for relief by reso lution. The
  decision shall identify the specific provision from which relief is granted, the nature and extent of the relief, any
  approved alternative or mitigation measure, and any conditions imposed. Any relief granted shall be limited to
  the specific Solar Energy System, application, permit, plan, condition, or circumstance identified in the Town
  Board’s resolution and shall not constitute a general waiver or amendment of this chapter.
  K. No precedent. The granting of relief pursuant to this section shall not create any right, entitlement, or precedent
  for the applicant or any other person or entity. Each request shall be reviewed based upon the specific facts, site
  conditions, project design, impacts, mitigation, and public health, safety, and welfare considerations presented.

Section 3. Transition; Existing Approvals; Pending Applications.
  A. Any Solar Energy System lawfully existing as of the effective date of this local law may continue as provided in
  Chapter 172, as amended by this local law, provided that any expansion, major modification, alteration,
  reconstruction, replacement, transfer, abandonment, decommissioning, or new construction shall comply with
  Chapter 172 as amended.
  B. Any complete application for a Solar Energy System pending as of the effective date of this local law shall be
  subject to Chapter 172 as amended by this local law, except to the extent the Town Board determines that
  vested rights have been established under applicable law.
  C. Nothing in this local law shall be construed to waive, release, impair, or otherwise affect any existing violation,
  enforcement action, permit condition, approval condition, decommissioning obligation, financial security
  obligation, escrow obligation, agreement, remedy, penalty, or right of the Town existing prior to the effective
  date of this local law. Any such violation, obligation, agreement, remedy, penalty, or right may be enforced as if
  this local law had not been adopted, except that the Town may also apply any remedial or enforcement
  provisions of Chapter 172 as amended to the extent permitted by law.
  D. Any prior approval, permit, special use permit, site plan approval, building permit, variance, agreement, or
  condition issued or imposed prior to the effective date of this local law shall remain valid according to its terms,
  unless expired, revoked, abandoned, modified, superseded, or otherwise subject to review under applicable law.
  Any future amendment, modification, renewal, transfer, extension, or enforcement of such approval shall be
  subject to Chapter 172 as amended to the extent permitted by law.
Section 4. Zoning Map Amendment; Energy Overlay District.

The Town Zoning Map is hereby amended to depict the Energy Overlay District as adopted by the Town Board and as shown
on the map entitled “Attachment #1 Solar Overlay, Town of Eden,” dated “June 15, 2026,” which map is hereby incorporated
by reference and made part of Chapter 172 and Chapter 225 of the Town Code.

Section 5. Supersession.

To the extent permitted by the New York State Constitution, the Municipal Home Rule Law, the Town Law, the Statute of
Local Governments, and any other applicable law, this local law is intended to supersede any inconsistent provision of state
or local law relating to the siting, review, approval, construction, operation, maintenance, transfer, abandonment,
decommissioning, removal, restoration, enforcement, or financial security requirements for Solar Energy Systems.

Section 6. Severability.

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