On the agenda: Gasport A local law establishing a temporary moratorium on Crypto Mining and Data Processing Centers — server farm (Jul 8)

LOCAL LAW NO. 2026TOWN OF HARTLAND, NIAGARA COUNTY, NEW YORK
A LOCAL LAW ESTABLISHING A TEMPORARY MORATORIUM
ON THE ISSUANCE OF PERMITS FOR CRYPTOCURRENCY MINING
AND DATA PROCESSING CENTERS
BE IT ENACTED by the Town Board of the Town of Hartland, Niagara County, New
York, as follows:
SECTION 1. TITLE
This Local Law shall be known and may be cited as the "Cryptocurrency Mining and
Data Processing Center Moratorium Law of 2026."
SECTION 2. AUTHORITY
This Local Law is adopted pursuant to the authority granted to the Town under Article IX
of the New York State Constitution, New York Municipal Home Rule Law § 10, and New York
Town Law §§ 261, 262, 263, and 264, which authorize the Town Board to regulate land use for
the purpose of promoting the health, safety, and general welfare of the community.
SECTION 3. LEGISLATIVE FINDINGS AND PURPOSE
The Town Board of the Town of Hartland hereby finds and determines as follows:
A. Recent Development Trends. The Town has recently experienced interest from
developers and businesses seeking to establish cryptocurrency mining operations and
large-scale data processing centers within the Town's borders. These uses represent a
relatively new category of industrial and commercial activity that was not contemplated
when the Town's current zoning regulations and comprehensive plan were originally
adopted.
B. Unique Characteristics and Impacts. Cryptocurrency mining operations and
data processing centers present unique land use considerations that differ substantially
from traditional commercial and industrial uses, including but not limited to:
1. Exceptionally high electrical power consumption and demand on utility infrastructure;
2. Intensive cooling requirements that may impact water resources and generate substantial noise;
3. Significant heat generation and discharge;

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4. Continuous 24-hour operations generating persistent noise levels;
5. Substantial demands on telecommunications infrastructure;
6. Limited employment generation relative to facility size and resource consumption;
7. Potential impacts on the residential character of neighborhoods;
8. Potential impacts on the Town's electrical grid capacity and reliability;
9. Potential impacts on utility rates for existing residents and businesses; and
10. Uncertain long-term viability and potential for facility abandonment.

C. Inadequacy of Current Regulations. The Town's existing zoning regulations do
not specifically address cryptocurrency mining operations or large-scale data processing
centers. The current zoning code does not contain definitions, use classifications,
dimensional standards, performance standards, or site plan review criteria tailored to the
unique characteristics and potential impacts of these operations.
D. Need for Comprehensive Planning. In order to make informed decisions
regarding the appropriate locations, if any, for cryptocurrency mining and data processing
centers within the Town, and to establish appropriate regulations governing such uses, the
Town requires time to:
1. Study the potential impacts of these operations on the Town's residential neighborhoods,

infrastructure, utilities, environment, and fiscal resources;
2. Review how other municipalities in New York State and elsewhere have addressed these

emerging land uses;
3. Update the Town's comprehensive plan to address cryptocurrency mining and data processing

centers in accordance with Town Law § 272-a;
4. Develop appropriate zoning regulations, including use classifications, permitted locations,

dimensional requirements, performance standards, and site plan review criteria specifically
tailored to these operations;

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5. Conduct environmental review under the State Environmental Quality Review Act (SEQRA) of

any proposed amendments to the comprehensive plan and zoning regulations; and
6. Provide adequate opportunity for public input and participation in the planning process.

E. Valid Stopgap Measure. The enactment of a temporary moratorium on the
issuance of permits for cryptocurrency mining and data processing centers is a valid
stopgap measure, reasonably designed to temporarily halt development of these uses
while the Town undertakes the necessary comprehensive planning and zoning
amendments.. Such a moratorium must be for a valid and reasonable purpose and may
not exceed a reasonable period of time.
F. Protection of Public Interest. Allowing cryptocurrency mining operations and
data processing centers to locate in the Town under the current zoning regulations, which
do not adequately address the unique characteristics and potential impacts of such uses,
could result in incompatible land uses, adverse impacts on residential neighborhoods,
strain on utility infrastructure, environmental degradation, and diminished quality of life
for Town residents. These impacts could become difficult or impossible to remedy after
such facilities are constructed and operational.
G. Facilitating Informed . The interest in facilitating informed decision making
by the Town Board counsels in favor of adopting this temporary moratorium to preserve
the status quo while a comprehensive regulatory framework can be developed. Without
such a moratorium, landowners and developers may have incentives to rush forward with
development applications before comprehensive regulations can be enacted, thereby
fostering inefficient and ill-conceived growth.
H. General Welfare. This temporary moratorium is enacted for the purpose of
promoting the health, safety, and general welfare of the residents of the Town of Hartland
by ensuring that cryptocurrency mining operations and data processing centers, if
permitted in the Town, are subject to appropriate and comprehensive land use regulations
developed through a thorough planning process with adequate opportunity for public
participation.

SECTION 4. DEFINITIONS
For purposes of this Local Law, the following terms shall have the meanings indicated:
A. "Cryptocurrency" means a digital or virtual currency that uses cryptography
for security and operates independently of a central bank, including but not limited to
Bitcoin, Ethereum, Litecoin, and similar digital assets.

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B. "Cryptocurrency Mining" or "Cryptocurrency Mining Operation" means the
process of using computer hardware and software to solve complex mathematical
problems in order to verify and record cryptocurrency transactions on a blockchain
ledger, for which the operator receives cryptocurrency as compensation. This definition
includes all activities associated with such operations, including but not limited to the
operation of mining hardware, cooling systems, power supply systems, and related
infrastructure.
C. "Data Processing Center" means a facility, building, or portion thereof, whose
primary purpose is to house computer servers, data storage systems, networking
equipment, and related infrastructure for the processing, storage, and distribution of large
volumes of electronic data. This definition includes facilities commonly known as data
centers, server farms, colocation facilities, and similar operations. This definition does
not include:
1. Data storage and processing equipment that is accessory to and located on the same premises as a

principal permitted use (such as office buildings, hospitals, educational institutions, or
manufacturing facilities) where such equipment serves primarily the needs of that principal use;
2. Telecommunications facilities regulated under separate provisions of the Town Code; or
3. Small-scale server rooms or information technology infrastructure serving a single business or

organization located on the same premises.
D. "Permit" means any approval, license, certificate, or other authorization
required under the Town Code or New York State law for the construction,
establishment, modification, or operation of a use, including but not limited to:
1. Building permits;
2. Special use permits or special exception permits;
3. Site plan approvals;
4. Variances;
5. Certificates of occupancy; and
6. Any other land use approval or development permit.

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E. "Town" means the Town of Hartland, Niagara County, New York.
F. "Town Board" means the Town Board of the Town of Hartland.
SECTION 5. MORATORIUM IMPOSED
A. Prohibition on Permit Issuance. Effective immediately upon the filing of this
Local Law with the Secretary of State, and continuing for the duration specified in
Section 6 hereof, no Town officer, department, board, or agency shall accept, process,
approve, or issue any permit for the construction, establishment, expansion, or
modification of any cryptocurrency mining operation or data processing center within the
Town of Hartland.
B. Scope of Prohibition. The moratorium established by this Local Law shall apply
to:
1. All applications for permits filed on or after the effective date of this Local Law; and
2. All applications for permits pending as of the effective date of this Local Law that have not

received final approval, including but not limited to applications that have received preliminary
or conditional approval but have not received all necessary final permits and certificates of
occupancy.
C. Exemptions. The following are exempt from the moratorium established by this
Local Law:
1. Any cryptocurrency mining operation or data processing center for which all necessary permits,

approvals, and certificates of occupancy have been issued and remain valid as of the effective
date of this Local Law, provided that such permits, approvals, and certificates were lawfully
issued and the operation commenced in accordance with such permits prior to the effective date
of this Local Law;
2. Ordinary maintenance, repair, or interior alterations to existing cryptocurrency mining operations

or data processing centers lawfully in operation as of the effective date of this Local Law,
provided that such maintenance, repair, or alterations do not involve expansion of the facility's

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physical footprint, increase in electrical capacity, or increase in the number of mining or
processing units;
3. Data storage and processing equipment that is accessory to and serves a principal permitted use

on the same premises, as described in Section 4(C)(1) of this Local Law; and
4. Telecommunications facilities that are subject to separate provisions of the Town Code and

federal law.
D. Application to All Zoning Districts. The moratorium established by this Local
Law applies to all zoning districts within that portion of the Town of Hartland that is
outside the limits of any incorporated village.
SECTION 6. DURATION OF MORATORIUM
A. Initial Term. The moratorium established by this Local Law shall remain in
effect for a period of twelve (12) months from the effective date of this Local Law, unless
earlier terminated or extended as provided herein.
B. Extensions. The Town Board may, by resolution adopted after public notice
and hearing in accordance with Town Law § 264, extend the moratorium for one or more
additional periods not to exceed six (6) months each, provided that:
1. The Town Board determines that additional time is necessary to complete the comprehensive

plan update, environmental review, and/or zoning amendments contemplated by this Local Law;
2. The Town Board makes specific findings documenting the progress made toward completing

such comprehensive plan update and zoning amendments and the reasons why additional time is
necessary; and
3. The total duration of the moratorium, including all extensions, shall not exceed twenty-four (24)

months from the effective date of this Local Law, unless the Town Board makes specific
findings that extraordinary circumstances justify a longer period and that the extension continues
to serve a valid public purpose.
C. Early Termination. The Town Board may terminate the moratorium prior to its
scheduled expiration date by resolution if the Town Board determines that:
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1. The comprehensive plan update and zoning amendments have been completed and adopted; or
2. The moratorium is no longer necessary to serve its intended purpose.

D. Reasonable Duration. This moratorium is designed to be of reasonable duration
necessary to allow the Town to complete comprehensive planning and regulatory
development.
SECTION 7. TOWN PLANNING AND REGULATORY ACTIVITIES
During the period of the moratorium, the Town Board shall undertake the following
activities:
A. Comprehensive Plan Review and Update. The Town Board shall review and
update the Town's comprehensive plan to address cryptocurrency mining operations and
data processing centers, in accordance with Town Law § 272-a. Such review and update
shall include:
1. Analysis of the potential impacts of cryptocurrency mining and data processing centers on the

Town's land use patterns, infrastructure, utilities, environment, economy, and quality of life;
2. Identification of appropriate locations, if any, within the Town for such operations;
3. Development of goals, objectives, and policies to guide future land use decisions regarding such

operations; and
4. Opportunity for public participation in the comprehensive planning process through public

hearings and other means.
B. Zoning Ordinance Amendments. The Town Board shall develop and consider
amendments to the Town's zoning ordinance to establish appropriate regulations for
cryptocurrency mining operations and data processing centers, which may include:
1. Definitions and use classifications;
2. Permitted, special permit, or prohibited status in various zoning districts;
3. Dimensional requirements, including minimum lot size, setbacks, and building size limitations;

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4. Performance standards addressing noise, vibration, heat discharge, electromagnetic interference,

lighting, and visual impacts;
5. Infrastructure and utility capacity requirements;
6. Environmental protection standards;
7. Site plan review criteria and application requirements;
8. Bonding or financial security requirements to ensure proper decommissioning;
9. Operational requirements and monitoring provisions; and
10. Any other regulations deemed necessary and appropriate to protect the health, safety, and

welfare of Town residents.
C. Environmental Review. The Town Board shall conduct environmental review under
the State Environmental Quality Review Act (SEQRA), Environmental Conservation Law
Article 8 and its implementing regulations, of any proposed comprehensive plan amendments
and zoning ordinance amendments. The Town Board may prepare a generic environmental
impact statement to analyze the potential environmental impacts of allowing cryptocurrency
mining and data processing centers in the Town.
D. County and Regional Referral. Any proposed zoning ordinance amendments shall be
referred to the Niagara County Planning Board in accordance with General Municipal Law §§
239-l and 239-m.
E. Public Hearings. The Town Board shall hold one or more public hearings on any
proposed comprehensive plan amendments and zoning ordinance amendments, with notice
published at least ten (10) days in advance in a newspaper of general circulation in the Town.
SECTION 8. APPLICATIONS FILED DURING MORATORIUM
A. No Vested Rights. No application for a permit for a cryptocurrency mining operation
or data processing center filed during the moratorium period shall create any vested right to
approval or issuance of such permit. All such applications shall be deemed incomplete and shall
not be processed until the moratorium expires or is terminated.
B. Status After Moratorium. Upon expiration or termination of the moratorium, any
application filed during the moratorium period that has not been withdrawn shall be reviewed

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under the zoning regulations and comprehensive plan in effect at the time of such review, which
may include regulations adopted during the moratorium period.
C. No Obligation to Approve. Nothing in this Local Law shall be construed to obligate
the Town to approve any application for a cryptocurrency mining operation or data processing
center following the expiration or termination of the moratorium. All such applications shall be
subject to all applicable regulations and approval standards in effect at the time of review.
SECTION 9. SEVERABILITY
If any section, subsection, clause, phrase, or provision of this Local Law shall be
adjudged invalid or unconstitutional by a court of competent jurisdiction, such adjudication shall
not affect the validity of the remaining sections, subsections, clauses, phrases, or provisions of
this Local Law, which shall remain in full force and effect.

SECTION 10. EFFECTIVE DATE
This Local Law shall take effect immediately upon filing with the Secretary of State of
New York in accordance with Municipal Home Rule Law § 27.
TOWN BOARD OF THE TOWN OF HARTLAND
NIAGARA COUNTY, NEW YORK
By: __________________________________
[NAME], Supervisor
Date: ________________________
CERTIFICATION
I, [TOWN CLERK NAME], Town Clerk of the Town of Hartland, Niagara County, New York,
hereby certify that the foregoing Local Law was duly adopted by the Town Board of the Town of
Hartland on [DATE OF ADOPTION], 2026, at a regular/special meeting of the Town Board, by
the following vote:
Board Member
Vote
[NAME], Supervisor
[Aye/Nay/Abstain/Absent]
[NAME], Councilmember [Aye/Nay/Abstain/Absent]
[NAME], Councilmember [Aye/Nay/Abstain/Absent]
[NAME], Councilmember [Aye/Nay/Abstain/Absent]
[NAME], Councilmember [Aye/Nay/Abstain/Absent]

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I further certify that this Local Law was filed with the Secretary of State of New York on [DATE
OF FILING], 2026.
__________________________________
[TOWN CLERK NAME], Town Clerk
Town of Hartland, Niagara County, New York
Date: ________________________
[TOWN SEAL]
END OF LOCAL LAW

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