Local Law 7 of 2026 — LARGE-SCALE DEVELOPMENT PERMIT AND COMMUNITY HOST AGREEMENT — establishing Chapter 210 of the Code of the Town of Clay ================================================================================ 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.