Southtowns Record

Supporting Documents — PB-BESS-Draft-PublicHearing-BESS-Law-Rev15-10Aug26.pdf

Government
Town of Colden
Board
Town Board
Meeting
Sep 2, 2026
Kind
Agenda packet
Topics
Energy and data center siting, Zoning and land use, Public safety, Water, sewer and drainage, Budget and taxes, Audits and oversight, Housing

Original document

Same meeting

Text · page 1 of 17

Draft Colden Chapter #101 Battery Energy Storage Systems
  Planning Board Revision #15 (dated 8/10/26)

  TOWN OF COLDEN
  LOCAL LAW 2026-______
  A Local Law Entitled
  Regulation of Battery Energy Storage Systems (BESS)

A LOCAL LAW, TO AMEND LOCAL LAW #1-1984 KNOWN AS “ADOPTION OF CODE”, ADOPTED BY
 THE TOWN BOARD OF COLDEN ON DECEMBER 29, 1984, BY THE ENACTMENT OF A CHAPTER
  ENTITLED “REGULATION OF BATTERY ENERGY STORAGE SYSTEMS”

BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF COLDEN OF A CHAPTER 101 ENTITLED
  "REGULATION OF BATTERY ENERGY STORAGE SYSTEMS" AS FOLLOWS:

Section 1: LEGISLATIVE INTENT

This Local Law will amend the Code by the enactment of regulations and provisions for the land use and
operation and regulation of Battery Energy Storage Systems.

Section 2: Authority

This Battery Energy Storage System Law is adopted pursuant to Article IX of the New York State Constitution,
§2(c)(6) and (10), New York Statute of Local Governments, § 10 (1) and (7); sections 261-263 of the Town
Law, and section 10 of the Municipal Home Rule Law of the State of New York, which authorize the Town
of Colden to adopt zoning provisions that advance and protect the health, safety and welfare of the
community.

Section 3: CHAPTER 101

Chapter 101 shall be enacted as part of the Code of the Town of Colden entitled “Battery Energy Storage
Systems".

  ARTICLE I
  GENERAL PROVISIONS

Section 101-1: Statement of Purpose and Intent

This Battery Energy Storage System Law is adopted to advance and protect the public health, safety,
welfare, and quality of life of the Town of Colden by creating regulations for the installation and use of
battery energy storage systems, with the following objectives:
  A. To provide a regulatory scheme for the designation of properties suitable for the location,
  construction and operation of battery energy storage systems;
  B. To ensure compatible land uses in the vicinity of the areas affected by battery energy storage
  systems;
  C. To mitigate the impacts of battery energy storage systems on environmental resources such as
  important agricultural lands, forests, wildlife and other protected resources; and

  D. To create synergy between battery energy storage system development and other goals of the

 TOWN OF COLDEN – BATTERY ENERGY STORAGE SYSTEMS  1