Scope
Chapter 17, Article I, Data Centers Moratorium, of the Town of Brookhaven code, adopted by Local Law No. 12-2026, provides that no new applications shall be reviewed and no applications, permits, licenses or approvals shall be granted by any town officer, department, board or agency for the erection, establishment, siting, location, construction, modification or development of any data centers in the town until the article expires. It does not apply to development under existing building permits or approvals, or to applications filed, accepted as complete and pending as of its effective date, and its definition of data centers excludes customary accessory server rooms or network closets and telecommunication rooms for on-site operations of office buildings. Under Section 17-5 a property owner may apply to the Town Board for relief from the moratorium for unnecessary hardship, which the Board may grant after a public hearing on specific findings.
- Geographic scope
- Town of Brookhaven, New York
- Jurisdiction
- Local
- Authority type
- Local government
- Issuing authority
- Brookhaven Town Board
Dates
- Adopted
- 13 August 2026
- Effective
- 27 August 2026
- Scheduled expiration
- 31 December 2027
- Ended
- Not recorded as ended
- Completion condition
- Section 17-6 states that the article shall expire on 31 December 2027.
- Source document
- The source page states no document date
- Last checked
- 1 November 2026
Summary
The Brookhaven Town Board adopted Local Law No. 12-2026 on 13 August 2026, effective 27 August 2026, according to the history note in the town's published code. The law adds a Data Centers Moratorium under which the town does not review new applications or grant permits or approvals for the siting, construction, modification or development of data centers while it develops a comprehensive zoning ordinance. Development under existing permits and applications already complete and pending are exempt, and the article expires on 31 December 2027. It is a temporary moratorium; the law states it is not intended to prohibit data centers.
What this does not establish
- The source is the town code as published by its code publisher; the adoption and effective dates are those in the code history note, and the filed local law was not read.
- The moratorium applies only in the Town of Brookhaven.
Unresolved questions
- Whether the Town Board adopts a comprehensive data center zoning ordinance before 31 December 2027.
Relationships
Supersession means a later instrument replaces the earlier legal effect. Repeal links identify the repeal instrument and the measure it ends. A later implementation or related letter is not treated as a replacement unless the record says so.
- No related action is recorded.
Sources
Primary source: Brookhaven Town Board page on ecode360.com