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 9 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)

  delivered the notice by first class mail to adjoining landowners or landowners within 1,000
  feet of the property at least 14 days prior to such a hearing. Proof of mailing shall be provided
  to the Town Board at the public hearing.
  (3) Referral to the Erie County Department of Environment and Planning pursuant to General
  Municipal Law § 239-m.
  (4) Upon closing of the public hearing, the Town Board shall take action on the application within
  62 days of the public hearing, which can include approval, approval with conditions, or denial.
  The 62-day period may be extended upon consent by both the Town Board and the
  Applicant.

 B. Utility Lines and Electrical Circuitry. All on-site utility lines shall be placed underground to the
  extent feasible and as permitted by the serving utility, with the exception of the main service
  connection at the utility company right-of-way and any new interconnection equipment,
  including without limitation any poles, with new easements and right-of-way.

 C. BESS Signage.
  (1) The signage shall be in compliance with ANSI Z535 and shall include the type of
  technology associated with the battery energy storage systems, any special hazards
  associated, the type of suppression system installed in the area of battery energy storage
  systems, and 24-hour emergency contact information, including reach-back phone
  number.
  (2) As required by the NEC, disconnect and other emergency shutoff information shall be
  clearly displayed on a light reflective surface. A clearly visible warning sign concerning
  voltage shall be placed at the base of all pad-mounted transformers and substations.
  D. Lighting. Lighting of the battery energy storage systems shall be limited to that minimally
  required for safety and operational purposes and shall be reasonably shielded and downcast
  from abutting properties. All lighting design and fixtures shall be compliant to the current NYS
  and Federal Dark-Skies goals and criteria as applicable at the time of application.
 E. Vegetation and tree-cutting. Areas within 50 feet on each side of Tier 2 Battery Energy Storage
  Systems shall be cleared of combustible vegetation and other combustible growth. Single
  specimens of trees, shrubbery, or cultivated ground cover such as green grass, ivy, succulents,
  or similar plants used as ground covers shall be permitted to be exempt provided that they do not
  form a means of readily transmitting fire. Removal of trees should be minimized to the extent
  possible.
 F. Noise. The 1-hour average noise generated from the battery energy storage systems,
  components, and associated ancillary equipment shall not exceed a noise level of 60 dBA as
  measured at the property line / boundary line of any non-participating residence or occupied
  community building adjoining or adjacent parcel. Applicants may submit equipment and
  component manufacturers noise ratings to demonstrate compliance and a NYS Licensed
  Professional Engineer certification is supplied which indicates that the manufacturer’s ratings
  are technically valid and applicable for the specific site plan of the BESS project. The applicant
  may be required to provide Operating Sound Pressure Level measurements from a reasonable
  number of sampled locations at the parcel’s perimeter of the battery energy storage system to
  demonstrate compliance with this standard. In all cases the methodology and standards for
  engineering calculations and field measurements shall be consistent with ANSI S12.9 as
  currently applicable.

TOWN OF COLDEN – BATTERY ENERGY STORAGE SYSTEMS  9