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Regbase

The Data Center Divide

Village of Franklin

This restriction takes precedence while in effect. The rating below excludes temporary restrictions.

Pro-Data Center Policies

Franklin village has an enacted measure described as proposed that blocks new data-center applications, permits, and expansions for one year. Existing approved facilities may continue operating, and the Town Board may grant hardship exceptions.

Rating from New York statewide as there are no scored current or future laws outside temporary restrictions for Village of Franklin.

current law · Town of Franklin
The provided material does not describe or establish the purpose, legal effect, obligations, affected parties, exceptions, dates, or implementation status of Town of Franklin Local Law No. 4 of 2026.Town of Franklin Local Law No. 4 of 2026, Temporary Moratorium on Commercial Cryptocurrency Mining Operations and Data Processing Centers (proposed)

What this means

The measure would stop new data-center applications and permits for one year and block expansions, making development substantially harder (applications and permits). Existing approved facilities could keep operating, and the Town Board could grant a hardship exception, but those limits do not remove the main barrier (pre-existing uses).

Timing

Ends
one year from the effective date

The effective date is when the local law is filed with the New York Department of State. The Town Board may terminate the moratorium earlier.

People behind it

  • Enacted the local law establishing the temporary moratorium.

  • Designated to interpret and enforce the local law.

Restrictions & requirementsHide restrictions & requirements4
  • For one year from the law’s effective date, unless the Town Board ends the moratorium sooner, Town officials may not accept applications or issue permits for data processing centers or commercial cryptocurrency mining. No related land-use application may be approved during the moratorium, including one that was pending or filed before the law took effect, and no default approval results from the delay. The moratorium imposed ... for a period of one (1) year

  • A data center duly approved by the law’s effective date and operating in compliance with applicable laws and permits may continue as a pre-existing non-conforming use, but may not expand. Any expansion ... shall in all respects be prohibited

  • The Town Board may consider a hardship use variance after public notice and a hearing. The applicant must show, for every permitted use in the zoning district, that they cannot obtain a reasonable return supported by financial evidence, the hardship is unique, the variance would not change the neighborhood’s essential character, and the hardship was not self-created. A variance does not waive other applicable land-use laws. No such use variance shall be granted without a showing

  • Violations can trigger a written compliance order and an appearance ticket. Upon conviction, penalties may include a fine of up to $250, up to 15 days’ imprisonment, or both; each week of continued violation is a separate violation. The Town may also seek a civil penalty of up to $2,500 per day, injunctive relief, and reimbursement of enforcement costs, including reasonable attorney’s fees. a civil penalty of not more than $2,500 for each day

Benefits & exceptionsHide benefits & exceptions2
  • Lawful data processing centers duly approved and operating in compliance with applicable laws and permits on the law’s effective date may continue as pre-existing nonconforming uses. This protection does not allow expansion. May continue

  • The Town Board may grant a hardship use variance from the moratorium, potentially allowing a data center project to proceed. The applicant must receive public notice and a hearing and prove unnecessary hardship under all four criteria in the law; any variance must be the minimum necessary, and the project must comply with other applicable laws. Hardship use variance

Sources

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