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New York State Department ot State YORK Department of State DIVISION OF CORPORATIONS, Corporations, State Records & ucc STATE RECORDS AND
Orie Commorce Plaza 99 Washington Ave. Albaily. NY 122310001 dos.ny.gov Local Law FiIing Pursuant to Municipal Home Rule Law §27 Local Law Number ascribed by the legislative body of the local government listed below:
7 oftheyear 20 26 ií T .zi . rrrn — .S tfir.hd Be it enacted by the Town Board of the (Name of Ley/sfative Body) [i Courity [111] City Town [11 Vi(Iage (Selecf one) of C!ay as follows on the attached pages: (Name of LocalGovernment) For Office Use Only
Department of State Locai Law Index Number: ? of the year 20 (The local law number assigned by the Department of State for indexing purposes may be different from the local taw number ascribed by the Ìegislative body of the local government) DOS-0239-af(Fev. 02.25) page 1 of3
LOCa1 Law Fiting (Complete the certification ín the paragraph that applies tó the filing of this Iocal law and strike out that which is not applicabte.) 1. (Final adoption by Iocal legistative bocly only.) l hereby certify that the Iocal law annexect hereto ascribed as local Iaw nurnber of20 26 of the (County)(City)(Town)(viHage) of Clay was duly passed by the Town Board ulyO on 20 26 in accordance (Narna of Legislative 9ody) with the appìicable provisions of Jaw.
2.(Passage by locai legislative body with approval, no clisapproval or repassage after disapproval by the Elective Chief Executive Ofticer*.) l hereby certify that the tocal law annexed hereto, ascribed as Iocal law number of 20_of the (County)(City)(Town)(Village) of was duly passed by the on 20 andwas (Name of Leqislative BOdy) (approved)(not approved)(repassed after disapproval) by the__________________________________ (Elective Chief Executive Officer*) on ____________________________ 20 in accordance with the applicable provisíons of law. 3.(Final adoptíon by referendum.) l hereby certify that the local law annexed hereto, ascrìbed as Joca) law number of20 ofthe (County)(City)(Town )(village) of , was duly passed by the on 20 and was (Narne of Legisiafive Rody) (approved)(not approved)(repassed after disapproval) by the on (Electíve Chief Eecutive Officer*) 20 -.
Suth local law was submitted to the people by reason of a (mandatory)(permissive) referendurn, and received the affirmative vote of a majority of the qualified electors voting thereon at the (general)(special)(annual) etection heid on 20 _____ in accordance with the applicable provisions of Iaw.
4.(Subject to permissive referendum and finat adoption because no valld petition was filed requesting referendum.) l hereby certify that the local Raw annexed hereto, ascribed as local law number of20 ofthe (County)(clty)(Town)(Viišage) of was duly passed by the on 20 andwas (Name ofLegislative Rody) (approved)(not approved)(repassed after disapproval) by the on (Elective Chief Executive Oftîcer*) 20 ______ . Such local law was subject to permissive referendum and no valid petition requesting such referendum was filed as of 20 in accordance with the appíicable provisions of law.
* Elective Chìef Executive Officer means or includes the thief executive officer of a county elected on a county-wide basìs or, if there be none, the chairperson of the county legislative body, the mayor of a vity or višlage, or the supervisor of a town where such officer is vested with the power to approve or veto Iocal šaws or ordinances.
DOS-0239-f (Rev. 02/25)
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FEES FOR LARGE-SCALE:PROJECTS AND PERMITTING COMMUNITY
This Local Law shall be known as the Large-scale Development Perrnit ancl Community Host Agreement Authorization Law.
The Town Board hereby fincls that:
1. The Town of Clay may host large-scale development projects, inchidìng but not limited to semiconductor manufacturing facìlities and other advanced industrial uses, with total project costs exceeding One Hundred Million Dollars ($100,000,000.00).
o Extraordinary dernands on municipal infrastructure, services, and administrative capacity;
o Long-term impacts on housing, traffic, public safety, and environmental resurces; and o Unique opportuniies for economic growth and community benefit. 3. Under New York law, buildin.g permit fees niust generally be limited to the reasonable costs of admiiiistration, review, and inspection. 4. The Town Board further finds that it is in the best interest of the Town and its residents to:
o Ensure cost recovery for enhanced review and inspection activities associated with 1aige-sca1e development; and
o Establish a mechanism to secure additional voluntary mitigations and benefits through negotiatod agreements that are separate from ana not a condition ofpermit issuance.
o Adjust building permit fee structures for large-scale clevelopnient in a manner consistenii with applicable Iaw; ancl o Authorize the Town to enter into Comniunity Host Agreements for the purpose of acldressing impacts ancl securing comniunity bonefits.
For purposes of this Local Law:
A. Large-.Scale Development Project .Any eonstruction, redevelopment, or phased development project with an estiniatecl total construction value of One Hundred Million Dollars ($100,000,000.00) or more.
B. Buílding Permit Fees Fees imposed by the Town in connection with review, issuance, inspection, and enforcement ofbuilding permits.
C. Community Host Agreement or CHA A voluntary, negotiated agreethent between the Town and an applicant for a Large- Scale Developnient Project that may provide for mitigation measures, community benefits, or financial contributidns, separate and apart from any fees imposed under the Town Code.
D. Applicant Any individual, corporation, partnership, or entity seekíng approval for a Large- Scale Development Project. •
A. Fee Structure Authorization The Town Board is hereby authorized to adopt, by resolution, a schedule of Building Permit Fees applicable to LargeSca1e Development Projects.
B. Cost-Based Limitation All Building Permit Fees shall:
o Plan review;
o Engineering review;
o Inspections;
o Administrative overhead directly related to review and enforcement; and o Retention of outside consultants where required. 2. Comply with all app1icaI1e proyisions of New York law limiting fees to actual or anticipated muriicipal costs.
3. No Builcling Permit shall be issued for any qualifying large-scale project unless and until the applicant and the Town have executecl a Connnunity Host Agreement, where applicable, foflowing the receipt of afl required land use and zoning approvals.
C. supplemental Cost Recovery Mechanisms The Town niay require:
• Escrow accounts for profssiona1 review fees; and • Periodic replenishment of such accounts, provided that such amounts are directly related to the costs incurrecl. •
A. Authority The Town Board is hereby authorized to negotiate and approve Community Host Agreements with Applicants for Large-Scale Development Projeets. B. Voluntary Nature
4 o Shall be voluntary and not a condition prececlent to the issuance of any perniit or approval; and o Shall not bû considered a fee, tax, or exaction. 2. No permit, approval, or certificate shall be denied solely due to an Applicants refusal to enter into a Community Host Agreement. C. Permissible Provisions A Community Host Agreement may include, but is not limited to: Contributions toward:
o Infrastructure imj5rovements;
o Public safety services;
o Workforce housing initiatives;
o Environmental mitigation measures;
Funding for community benefit programs;
Road, traffic, or utility improvements not otherwise required by law; and Long-term monitoring or support services related to project impacts. D. Nexus to Project Impacts The terms of any Community Host Agreement shall: • Be reasonably related to the nature, scale, and potential impacts of the proposed project; and Promote the health, safety, and welfare of Town residents.
o Approved by reso1ution of the Town Board; and o Subject to a public.meeting in accordance with the Open Meetings Law.
o Consult legal counsel, financial advisors, and other experts; and o Coordinate with County, State, or regional entities as appropriate.
If any clause, sontence, paragraph, section, or part of this Local Law shall be adjudged invalid by a court ofcompetent jurisdiction, such judgment shall not affect the validity of the remaining portions thereof.
To the extent necessary, this Loçal Law is intended to supersede any inconsistent provisions ofthe Town Code, pursuant to Municipal Home Rule Law § 10.
This Local Law shall take effectimmediately upon filing with the New York State Secretary of State in accordance with Municipal Home Rule Law § 27.
Office of the Town Clerk Town Cter JU} Hageman-C}ark tr 4401 StateRoute31 Phone: (315) 652-3800 Clay, New York 13041-8707 Webste: www.townofctayny.gov TOWN°CLAY A great place to live, work, and raise a family. Fax: (315) 622-7259 E-maU: towncterk@townotdayny.gov July 21, 2026 RE: Approved Resolntion — Local Law No. 7 ofthe year 2026, Chapter 210 I hereby certif, at the Regular Meeting ofthe Town Board, Town ofClay, County ofonondaga and State ofNew York, held on July 20, 2026, at the Town ofClay Town Ha11, located at 4401 State Route 3 I, Clay New York, the following Resolution was passed:
Deputy Supervisor Bick moved the adoption of a resolution establishing Chapter 210 ofthe Code of
the TownofClay for the codification ofLocal Law No. 7 ofthe year 2026, entitled Large-Scale Development Pennit aud Community Host Agreement Authorization Law WIIEREAS, the Town Board of the Town of Clay duly adopted Local Law No. 7 of the year 2026 at a Special Town Board Meeting on July 7, 2026, by a vote of six to zero; and WHERIEAS, for purposes ofcodification and irnplementation ofLocal Law No. 7 ofthe year 2026, new Chapter 210 ofthe Town Code shall be established and designated as the Large-Scale Development Permit and Community Host Agreement Authorization Law; and
NOW, THEREFORE, BE IT RESOLVED, that the Town Board ofthe. Town of Clay hereby
acknowledges the need to establish Chapter 210 ofthe Code ofthe Town ofClay, to be entitled the Large-scale Development Permit and Comrnunìty Host Agreement Authorization Law,T! for the purpose ofcodiiing the provisions ofLocal Law No. 7 ofthe year 2026. Motion was seconded by councilor Capria.
VOTING:
Ryan Russell - infavûr David Capria - infavor Ed Wisnowski - inféwor Joseph Bick - infavor Damian Ulatowski - infavor The Resolution was thereupon duly adopted. RespectfiiIy Yours,
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