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Draft Colden Chapter #101 Battery Energy Storage Systems Planning Board Revision #15 (dated 8/10/26) The Decommissioning Plan shall address removal, transport, recycling, disposal, and lawful management of batteries, electrolytes, contaminated materials, and any associated hazardous substances. Section 101-10: Permit Time Frame and Abandonment A. The Building Permit associated with the Special Use Permit and site plan approval for a battery energy storage system shall be valid for a period of 24-months, provided that a building permit is issued for construction and construction is commenced. In the event construction is not completed in accordance with the final site plan and schedules, as may have been amended and approved, as required by the Colden Town Board, within 24-months after approval, the Town Board, at their discretion, may extend the time to complete construction for up to 180-days. If the owner and/or operator fails to perform substantial construction after 36- months, the approvals shall expire. B. The battery energy storage system shall be considered abandoned when it is no longer capable of the storage and delivery of energy to the grid for a period of 12 consecutive months. If the owner and/or operator fails to comply with decommissioning upon any abandonment, the Town of Colden may, at its discretion, enter the property and utilize the available bond and/or security for the removal of a Tier 2 Battery Energy Storage System and the full restoration of the site in accordance with the decommissioning plan. C. Conditions in a Colden BESS Special Use Permit shall include a provision which requires an annual inspection by Town of Colden Officials during the Annual Scheduled SUP Inspection Day. Advance notification of the inspection will be provided by the Town Clerk’s Office via notice addressed to the designated official for the Tier 2 BESS Site. ARTICLE III FEES Section 101-11. Fees For a Tier 1 BESS, a non-refundable Town of Colden “Battery Energy Storage System (BESS) Permit” application fee, and a Building Permit Fee shall be due for Tier 1 Battery Energy Storage System developments. The fees shall be as determined by the Town of Colden’s fee and fines schedule, as updated from time to time by the Town Board, with all fees paid by the Applicant. The Code Enforcement Department and/or the Town Clerk’s office should be consulted by the Applicant to inspect the current Fines and Fees schedule adopted by the Town Board. For a Tier 2 BESS, a non-refundable application fee, a non-refundable Special Use Permit Fee, an annual Special Use Permit Inspection fee, and a Building Permit Fee shall be due for Battery Energy Storage System developments. The fees shall be as determined by the Town of Colden’s fee schedule, as updated from time to time by the Town Board, with all fees paid by the Applicant. The Code Enforcement Department and/or the Town Clerk’s office should be consulted by the Applicant to inspect the current Fines and Fees schedule adopted by the Town Board. Due to the complexity and the specialty skills involved in a Tier 2 BESS, it is presumed that the Town will employ certain professional services during review of the applicant’s Special Use Permit and Building Permit submissions. Since those Professional Engineering and Specialized Consultant activities cannot well defined in advance, the recovery of costs for those services will be in accordance with the Time and Materials municipal billing rates of the engaged professional. In addition to engineering and specialized consultants the Town shall also be reimbursed for legal review and analysis associated with the BESS application; such reviews TOWN OF COLDEN – BATTERY ENERGY STORAGE SYSTEMS 16