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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