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