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 4 of 17

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