Council declares data‑center PUD application complete and intent to serve as lead agency for SEQRA review
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Summary
The council accepted a planned unit development application for the proposed Niagara Digital Campus data center as complete and declared intent to act as lead agency for State Environmental Quality Review; members were warned litigation risk exists regardless of vote.
The Niagara Falls City Council voted to deem the application for a planned unit development for the Niagara Digital Campus data center complete and declared its intent to act as lead agency for the State Environmental Quality Review Act process.
The resolution identifies the applicants as Niagara Falls Redevelopment LLC, Eleventh Street Properties LLC and NFR Gateway LLC and describes the filing as a Type I action under SEQRA, triggering a full environmental-review process.
Council members asked about ownership and liability during the public discussion. A staff attorney told the council that the applicant does not own all parcels within the proposed PUD area and that multiple parcels are held by other owners; at the same time counsel warned that litigation is likely “no matter which way you vote,” because the parties are already engaged in legal disputes.
Council discussion also included questions about contamination and remediation; counsel explained that environmental law assigns remediation responsibility based on property ownership and the specific contamination findings during review.
The motion to deem the filing complete and to proceed with lead-agency designation passed by roll call vote.