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Draft Colden Chapter #101 Battery Energy Storage Systems Planning Board Revision #15 (dated 8/10/26) Section 101-4. USE DISTRICTS AND BATTERY ENERGY STORAGE SYSTEM (BESS) CATEGORIES & AUTHORITY: For the Town of Colden, the following categories of use and general permitting characteristics are tabulated in the Town of Colden Zoning Chapter 108, which defines Permitted Principal and Accessory Uses for each Zoning District. For each Zoning District the Zoning Chapter 108 the permitted land use for Battery Energy Storage Systems is recited. Chapter 108 should be consulted for that information in the relevant sections for Residential (R1 & R2 & RRB), Commercial (C), or Agricultural (Ag) Zoning Districts within the Town. Section 101-5: Applicability A. The requirements of this Local Law shall apply to all battery energy storage systems permitted, installed, or modified in the Town of Colden after the effective date of this Local Law, excluding general routine maintenance and repair. B. Battery energy storage systems constructed or installed prior to the effective date of this Local Law shall not be required to meet the requirements of this Local Law unless modified or altered. C. Modifications to, retrofits, or replacements of an existing battery energy storage system that increase the total battery energy storage system designed discharge duration or power rating shall be subject to this Local Law. Section 101-6: General Criteria and Requirements A. A building permit and an electrical inspection/approval shall be required for installation of all battery energy storage systems. B. Issuance of permits and approvals by the Colden Code Enforcement Officers, and the Colden Town Board after consideration of delegated advisory reports from the Colden Planning Board and Colden Environmental Board, shall include review pursuant to the State Environmental Quality Review Act ECL Article 8 and its implementing regulations at 6 NYCRR Part 617 (“SEQRA”) as currently in effect and as hereafter amended from time to time. The Colden Town Board will typically act as the Lead Agency during the SEQRA procedures. C. All battery energy storage systems, all Dedicated Use Buildings, and all other buildings or structures that: (1) Contain or are otherwise associated with a battery energy storage system and (2) Subject to the Uniform Code and/or the Energy Code shall be designed, erected, and installed in accordance with all applicable provisions of the Uniform Code, all applicable provisions of the Energy Code, and all applicable provisions of the codes, regulations, and industry standards as referenced in the Uniform Code, the Energy Code, and the Town of Colden Code. TOWN OF COLDEN – BATTERY ENERGY STORAGE SYSTEMS 4