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 17 of 17

Read the whole document on one page (all 17 pages, each with its own heading)

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

shall be executed by the Town Attorney or any retained Special Counsel deemed necessary due to the
specialized and complex nature of large BESS projects and the related Special Use Permits. It is also
anticipated that there may be disbursements or other direct costs for the review of applicant submissions
by these professionals. All of these costs will be invoiced to the applicant, and reimbursed to the Town by
the Applicant, within 60 days.

  ARTICLE IV
  ENFORCEMENT AND PENALTIES FOR OFFENSES

Section 101-12: Enforcement

 Any violation of this Battery Energy Storage System (BESS) Law shall be subject to the same
 enforcement requirements, including the civil and criminal penalties, provided for in the zoning or land
 use regulations of the Town of Colden, and/or if applicable, the relevant regulations of the County of
 Erie or the State of New York.

  ARTICLE V
  SEVERABILITY AND EFFECTIVE DATE

Section 101-13: Severability and Effective Date

 The invalidity or unenforceability of any section, subsection, paragraph, sentence, clause, provision, or
 phrase of the aforementioned sections, as declared by the valid judgment of any court of competent
 jurisdiction to be unconstitutional, shall not affect the validity or enforceability of any other section,
 subsection, paragraph, sentence, clause, provision, or phrase, which shall remain in full force and
 effect.

This Local Law shall take effect immediately upon filing with the Secretary of State of New York.

 TOWN OF COLDEN – BATTERY ENERGY STORAGE SYSTEMS  17