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Draft Colden Chapter #101 Battery Energy Storage Systems Planning Board Revision #15 (dated 8/10/26) During the Town of Colden’s Site Plan review process, based upon unique project site layouts, the Planning Board advisory recommendations, and the Town Board’s action(s) may require additional setback distances for justifications related to the parcel geometry, nearby neighbors, conflicting land use, nearby dwellings or structures, and other relevant factors, including, but not limited to, noise criteria. In all cases the predicted and measured noise level at the parcel’s boundary lines shall meet the dB requirements of this Chapter. 2. Height. Tier 2 Battery Energy Storage Systems shall comply with the building height limitations for principal structures of the underlying Ag-Zoning district. 3. Fencing Requirements. Tier 2 Battery Energy Storage Systems, including all mechanical equipment, shall be enclosed by a 7-foot-high security fence with a self-locking gate to prevent unauthorized access, unless housed in a dedicated-use building with a structure and design so as to not interfere with ventilation or exhaust ports required for safe operations. 4. Screening and Visibility. Tier 2 Battery Energy Storage Systems shall have views minimized from adjacent properties to the extent reasonably practicable using architectural features, earth berms, landscaping, or other screening methods that will harmonize with the character of the property and surrounding area and not interfering with the BESS infrastructure for ventilation and cooling or heating exhaust ports. 5. A Visual Impact Assessment, prepared by a NYS Licensed Professional Engineer, shall be supplied to indicate the impact of the BESS to adjacent parcels as well as from traffic and pedestrian use of the roadway. J. Ownership Changes: If the owner of the battery energy storage system changes or the owner of the property changes, the special use permit shall be evaluated at the sole discretion of the Town of Colden to consider if the existing Special Use Permit shall remain in effect or if conditions and/or owner resources require additional review or conditions. The Town of Colden reserves the right upon ownership change(s) to revise the Special Use Permit at its sole discretion. Upon approval by the Town, provided that the successor owner or operator assumes in writing all of the obligations of the special use permit, site plan approval, and decommissioning plan, and any new conditions set by the Town by reason of the ownership change the Special Use Permit shall be transferred to the new owner. A new owner or operator of the battery energy storage system shall notify the Colden Code Enforcement Department of such change in ownership or operator within 30 days of the ownership change. A new owner or operator must provide such timely notification to the Code Enforcement Department and Colden Town Clerk in writing. The special use permit and all other local approvals for the battery energy storage system would be void if a new owner or operator fails to provide written notification to the Town of Colden in the required timeframe or manner. Reinstatement of a void special use permit will be subject to the same review and approval processes as for an initial new application under this Local Law. Section 101-9: Safety Requirements A. System Certification. Battery energy storage systems and equipment shall be listed by a Nationally Recognized Testing Laboratory to UL 9540 (Standard for battery energy storage systems and Equipment) or approved equivalent, with subcomponents meeting each of the following standards as applicable: TOWN OF COLDEN – BATTERY ENERGY STORAGE SYSTEMS 13