Machine-extracted (OCR) from the official document — formatting is approximate; the official copy governs.
Office of the Town Clerk
Town Clerk
Jill Hageman -Clark
Il.
Biu
4401 State Route 31 Phone: ( 315) 652- 3800
Clay, New York 13041- 8707 TOW N (g C
-' LAY Fax: ( 315) 622-7259
Website: www.townofclayny.gov A great place to live, work, and raise a family. E- mail: townclerk@townofclayny. gov
NYS Department of State
Division of Corporations, State Records and Uniform Commercial
Code
One Commerce Plaza, 99 Washington Ave.
Albany NY 12231
July 21, 2026
Dear Sir/Madam:
Enclosed please find Local Law No. 7 of the year 2026, for the
establishment of Chapter 210 of the Code of the Town of Clay for
the codification of Local Law No. 7, entitled " Large -Scale
Development Permit and Community Host Agreement."
Please do not hesitate to contact me with any questions. Thank you
in advance.
Sincerely,
Ji 1 Hageman -Clark
Town Clerk
Emailed: ersupp@generalcode. com
New York State
MEW Department of State
YORK
Department of State DIVISION OF CORPORATIONS,
TATE Corporations, State Records & UCC STATE RECORDS AND
UNIFORM COMMERCIAL CODE
One Commerce Plaza
99 Washington Ave.
Albany, NY 12231- 0001
dos.ny.gov
Local Law Filing
Pursuant to Municipal Home Rule Law §27
Local Law Number ascribed by the legislative body of the local government listed below:
7
of the year 20 26
Local Law Title: Large -Scale Development Permit and Community Host Agreement establishing Chapter 210
of the Code of the Town of Clay for the codification of Local Law No. 7 of the year 2026.
See attached.
Town Board
Be it enacted by the of the
Name of Legislative Body)
County City EJ Town Village
Select one)
of Clay as follows on the attached pages:
Name of Local Government)
For Office Use Only
Department of State Local 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 law number ascribed by the legislative body of the local government.)
DOS -0239 -a -f (Rev. 02- 25) page 1 of 3
Local Law Filing
Complete the certification in the paragraph that applies to the filing of this local law and
strike out that which is not applicable.)
1. ( Final adoption by local legislative body only.)
I hereby certify that the local law annexed hereto ascribed as local law number 26
of 20 of
the ( County)( City)( Town)( Village) of Clay was duly passed by the
Town Board July 20 26
20 in accordance
Name of Legislative Body)
with the applicable provisions of law.
2. ( Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective
Chief Executive Officer*.)
I hereby certify that the local law annexed hereto, ascribed as local law number of 20 of the
County)(City)( Town)( Village) of was duly passed by the
on 20 and was
Name of Legislative Body)
approved)( not approved)( repassed after disapproval) by the
Elective Chief Executive Officer*)
on 20 in accordance with the applicable provisions of law.
3. ( Final adoption by referendum.)
I hereby certify that the local law annexed hereto, ascribed as local law number of 20 of the
County)( City)( Town)( Village) of was duly passed by the
on 20 and was
Name of Legislative Body)
approved)( not approved)( repassed after disapproval)
by the on
Elective Chief Executive Officer*)
20
Such local law was submitted to the people by reason of a ( mandatory)( permissive) referendum, and received the
affirmative vote of a majority of the qualified electors voting thereon at the ( general)( special)( annual) election held on
20 in accordance with the applicable provisions of law.
4. ( Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.)
I hereby certify that the local law annexed hereto, ascribed as local law number of 20 of the
County)( City)( Town)( Village) of was duly passed by the
on 20 and was
Name of Legislative Body)
approved)( not approved)( repassed after disapproval)
by the on
Elective Chief Executive Officer*)
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
applicable provisions of law.
Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county -wide basis or, if there be
none, the chairperson of the county legislative body, the mayor of a city or village, or the supervisor of a town where such officer is vested
with the power to approve or veto local laws or ordinances.
DOS -0239- f ( Rev. 02/ 25)
Page 2 of 3
Local Law Filing
5. ( City local law concerning Charter revision proposed by petition.)
I hereby certify that the local law annexed hereto, ascribed as local law number of 20 of
the City of having submitted to referendum pursuant to
the provisions of Section ( 36)( 37) of the Municipal Home Rule Law, and having received the affirmative vote of a
majority of the qualified electors of such city voting thereon at the ( special)( general) election held on
20 became operative.
6. ( County local law concerning adoption of Charter.)
I hereby certify that the local law annexed thereto, ascribed as local law number of 20 of
the County of State of New York, having been submitted to
the electors at the General Election of November 20 pursuant to subdivisions 5 and 7 of
section 33 of the Municipal Horne Rule Law, and having received the affirmative vote of a majority of the qualified
electors of the cities of said county as a unit and a majority of the qualified electors of the towns of said county
considered as a unit voting at said general election, became operative.
If any other authorized form of final adoption has been followed, please provide an appropriate certification.)
I further certify that I have compared the preceding local law with the original on file in this office and that the same is a
correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner indicated in
the paragraph above.
Clerk bf the couegislative body, City, Town or Village Clerk or
officer designated by local legislative body
Seal) July 21, 2026
Date)
DOS -0239 -a -f ( Rev. 02- 25) page 3 of 3
TOWN OF CLAY, NEW YORK
LOCAL LAW NO. 7 OF 2026
A LOCAL LAW AUTHORIZING ADJUSTMENTS TO BUILDING PERMIT
FEES FOR LARGE -SCALE -PROJECTS AND PERMITTING COMMUNITY
HOST AGREEMENTS
SECTION 1. TITLE This Local Law shall be known as the " Large -Scale Development Permit and Community Host Agreement Authorization Law."
SECTION 2. LEGISLATIVE INTENT AND FINDINGS
The Town Board hereby finds that:
1. The Town of Clay may host large- scale development projects, including but
not limited to semiconductor manufacturing facilities and other advanced
industrial uses, with total project costs exceeding One Hundred Million
Dollars ($ 100, 000, 000. 00).
2. Such large- scale projects create:
o
Extraordinary demands on municipal infrastructure, services, and
administrative capacity;
o
Long-term impact on housing, traffic, public safety, and
environmental resources; and
o
Unique opportunities for economic growth and community benefit.
3. Under New York law, building permit fees must generally be limited to the
reasonable costs of administration, 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 large- scale development; and
o
Establish a mechanism to secure additional voluntary mitigations and
benefits through negotiated agreements that are separate from and not
a condition of permit issuance.
5. Therefore, the Town Board adopts this Local Law to:
o
Adjust building permit fee structures for large- scale development in a
manner consistent with applicable law; and
o
Authorize the Town to enter into Community Host Agreements for
the purpose of addressing impacts and securing community benefits.
SECTION 3. DEFINITIONS • For purposes of this Local Law: A. "Large -Scale Development Project" Any construction, redevelopment, or phased development project with an estimated total construction value of One Hundred Million Dollars ($ 100, 000, 000. 00) or more. B. " Building Permit Fees" Fees imposed by the Town in connection with review, issuance, inspection, and enforcement of building permits. C. " Community Host Agreement" or " CHA" A voluntary, negotiated agreement between the Town and an applicant for a Large - Scale Development Project that may provide for mitigation measures, community benefits, or financial contributions, separate and apart from any fees imposed under the Town Code. D. " Applicant" Any individual, corporation, partnership, or entity seeking approval for a Large - Scale Development Project.
SECTION 4. BUILDING PERMIT FEES FOR LARGE-SCALE
DEVELOPMENT
A. Fee Structure Authorization
The Town Board is hereby authorized to adopt, by resolution, a schedule of Building
Permit Fees applicable to Large -Scale Development Projects.
B. Cost -Based Limitation
All Building Permit Fees shall:
1. Be based upon the reasonable and necessary costs of:
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 applicable provisions of New York law limiting fees to actual
or anticipated municipal costs.
3. No Building Permit shall be issued for any qualifying large- scale project
unless and until the applicant and the Town have executed a Community
Host Agreement, where applicable, following the receipt of all required land
use and zoning approvals.
C. Supplemental Cost Recovery Mechanisms
The Town may require:
Escrow accounts for professional review fees; and
Periodic replenishment of such accounts,
provided that such amounts are directly related to the costs incurred.
SECTION 5. AUTHORIZATION OF COMMUNITY HOST AGREEMENTS
A. Authority
The Town Board is hereby authorized to negotiate and approve Community Host
Agreements with Applicants for Large -Scale Development Projects.
B. Voluntary Nature
1. A Community Host Agreement:
o
Shall be voluntary and not a condition precedent to the issuance
of any permit or approval; and
o Shall not be considered a fee, tax, or exaction.
2.
No permit, approval, or certificate shall be denied solely due to an Applicant's
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 improvements;
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.
SECTION 6. APPROVAL PROCESS
1. Any Community Host Agreement shall be:
o
Approved by resolution of the Town Board; and
o
Subject to a public meeting in accordance with the Open Meetings
Law.
2. The Town Board may:
o Consult legal counsel, financial advisors, and other experts; and
o
Coordinate with County, State, or regional entities as appropriate.
SECTION 7. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged invalid by a court of competent jurisdiction, such judgment shall not affect the validity of the remaining portions thereof.
SECTION 8. SUPERSESSION To the extent necessary, this Local Law is intended to supersede any inconsistent provisions of the Town Code, pursuant to Municipal Home Rule Law § 10.
SECTION 9. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the New York State Secretary of State in accordance with Municipal Home Rule Law § 27.