Town of York
This restriction takes precedence while in effect. The rating below excludes temporary restrictions.
Pro-Data Center Policies
York has enacted a 12-month townwide pause on approvals for new data centers, with limited repair and hardship exceptions; the description frames the pause as something that would take effect.
Rating from New York statewide as there are no scored current or future laws outside temporary restrictions for Town of York.
current law · Town of YorkEstablishes a town-wide, 12-month moratorium on data centers to study their land-use, infrastructure, environmental, public-health, safety, and community-character impacts and consider zoning amendments.Town of York, New York Local Law No. 3 of 2026
What this means
The measure would pause town approvals for new data centers for 12 months, making new construction and expansion substantially harder during that time. Exceptions allow limited repairs and hardship-based variance applications, but they do not remove the broad townwide pause.
Timing
- Ends
- 12 months after the effective date of the local law
The Town Board may extend the moratorium by local law, after notice and a public hearing, for up to two additional periods of up to six months each if the study remains ongoing, additional time is reasonably necessary, and the extension remains necessary to protect public health, safety, and welfare.
People behind it
- Town Board of the Town of York
Enacted and adopted Local Law No. 3 of 2026 and is responsible for conducting the study and considering zoning amendments.
- Code Enforcement Officer
Administers and enforces the local law, determines eligibility for certain exceptions, and authorizes specified emergency repairs.
- Deputies of the Code Enforcement Officer
Assist in administering and enforcing the local law and are authorized to issue appearance tickets.
Restrictions & requirementsHide restrictions & requirements8
For 12 months after the effective date, the Town imposes a town-wide moratorium barring the acceptance, processing, consideration, approval, conditional approval, or issuance of any permit or land-use approval for constructing, establishing, using, or operating a data center, including building permits, special permits, variances, site-plan approvals, subdivision approvals, operating permits, and certificates of occupancy or compliance. no application ... shall be accepted, processed, entertained, approved, approved conditionally, or issued
Applications submitted before the effective date remain stayed and held in abeyance during the moratorium if they have not received all final discretionary approvals, subject to the law’s exceptions. shall be stayed and held in abeyance
Existing data centers may perform ordinary repairs, maintenance, or like-kind replacements only if the work does not increase data-center floor area, connected electrical load, backup generation or battery-storage capacity, or materially increase noise, water use, traffic, or other off-site impacts; the Code Enforcement Officer determines eligibility. may proceed if such work does not
A minor server room is exempt only when it is accessory to an existing primary use on the same premises, serves only that use, and has neither dedicated backup generation nor external cooling beyond typical commercial HVAC; certification to the Code Officer is required. upon certification to the Code Officer
Emergency repairs to a data center may proceed only with Code Enforcement Officer authorization, must address an imminent public-health or safety threat or prevent significant property damage, and are limited to the minimum work necessary to correct the emergency. limited to the minimum work necessary
The Town Board may extend the moratorium, after notice and a public hearing, for up to two additional periods of no more than six months each, if the data-center study remains ongoing and the extension is still needed to protect public health, safety, and welfare. up to two additional periods of up to six (6) months each
Violations can result in criminal penalties of up to $1,000 or 15 days’ imprisonment for an initial offense, and up to $2,000 or six months’ imprisonment for a repeated violation; civil penalties may reach $1,000 per violation, and each day of continued violation is treated as a separate offense. Each day a violation or offense is continued
The Town may seek injunctions and recover necessary enforcement costs and attorneys’ fees; if court-assessed amounts are unpaid for 30 days, they may be charged against the property through the next annual tax levy and become a lien. such expense shall be a lien upon such property until paid
Benefits & exceptionsHide benefits & exceptions5
Property owners may apply for a use variance based on unnecessary hardship under Section 902 of the Town Zoning Ordinance, notwithstanding the moratorium.
Existing Data Centers may continue operating and may perform ordinary repairs, maintenance, or like-kind replacements, provided the work does not increase data-center floor area, connected electrical load, backup generation or battery storage, or materially increase off-site impacts. Eligibility is determined by the Code Enforcement Officer.
A Minor Server Room accessory to an existing principal use may be installed or maintained if it serves only that use and has no dedicated backup generation or external cooling beyond typical commercial HVAC, subject to certification to the Code Officer.
Emergency repairs at a data center may proceed with Code Enforcement Officer authorization when immediately necessary to address an imminent public-health or safety threat or prevent significant property damage, limited to the minimum work needed.
The Town Board may terminate the moratorium early by resolution if it determines that the law’s purposes have been satisfied or superseded by zoning amendments.
Sources
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