Southtowns Record

TB Minutes — 9-2026-minutes.pdf

Government
Town of Colden
Board
Town Board
Meeting
Sep 2, 2026
Kind
Minutes
Topics
Energy and data center siting, Zoning and land use, Moratoriums, Parks and recreation, Budget and taxes, Public safety, Roads and traffic, Water, sewer and drainage

Original document

Same meeting

Text · page 6 of 11

Town Board Meeting, September 2, 2026
REGULAR TOWN MEETING
Colden Fire Hall – 7:00 pm  6

  unnecessary or extraordinary hardship if this Local Law is strictly applied to a
  particular property, then the Town Board shall vary the application to this Local Law
  to the minimum extent necessary to provide the property owner relief from strict
  compliance with this Local Law.

  D. Standard of Review. In reviewing an application for an exception based upon a claim
  of necessary or extraordinary hardship, the Town Board shall consider the following
  criteria:

  a. The extent to which the proposed development activity would cause significant
  environmental harm, adversely impact surrounding natural resource areas,
  public health, comfort or safety concerns and/or have a negative impact upon
  the Town.

  b. Whether the moratorium will expose a property owner or applicant to
  substantial monetary liability to a third person or would leave the property
  owner or applicable completely unable, after a thorough review of alternative
  solutions, to have a reasonable alternative use of the property.

SECTION 7: HOME RULE
 Nothing in this Local Law is intended or shall be construed to limit the home rule authority of
 the Town under State Law or to limit the Town’s discretion in setting fees and charges in
 connection with any applications requiring Town approval.

SECTION 8: SEVERABILITY
 If any part or provision of this Local Law or the application thereof to any person or
 circumstance be adjudged 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 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 Colden hereby declares that it would
 have passed this Local Law or the remainder thereof had such invalid application or invalid
 provision been apparent.

SECTION 9: REPEAL
 All ordinances, local laws and parts thereof inconsistent with this Local Law are hereby
 repealed to the extent of such inconsistency.

SECTION 10: SEQRA
 This local law constitutes a Type II Action under the State Environmental Quality Review
 Act inasmuch as it constitutes the adoption of a moratorium on land development or
 construction. As such this project is not subject to review under the State Environmental
 Quality Act.