Text · page 2 of 11
Town Board Meeting, September 2, 2026 REGULAR TOWN MEETING Colden Fire Hall – 7:00 pm 2 Resident Lara Hrycik asked if there could be a second extension if needed. DePasquale said a second extension is possible but hopefully will not be needed. There were no other comments or questions, and the public hearing was closed at 7:12pm. TOWN OF COLDEN LOCAL LAW 2026-2 A Local Law Entitled Moratorium Extension For Battery Energy Storage Systems BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF COLDEN OF A LOCAL LAW ENTITLED “ESTABLISHING A TWELVE-MONTH MORATORIUM PROHIBITING THE REVIEW AND APPROVAL OF APPLICATIONS AND PERMITS FOR BATTERY ENERGY STORAGE SYSTEM” A LOCAL LAW EXTENDING THE TWELVE-MONTH MORATORIUM FOR AN ADDITIONAL 6 MONTHS, PROHIBITING THE REVIEW AND APPROVAL OF APPLICATIONS AND PERMITS FOR “BATTERY ENERGY STORAGE SYSTEMS” IN THE TOWN OF COLDEN SECTION 1: PURPOSE The purpose of this local law is to protect the public health, safety and welfare of the residents of the Town of Colden and to maintain the status quo by temporarily suspending the processing of land use approvals as provided herein and to further suspend the rights of land owners and their designees to obtain development approvals as identified below for a period of twelve months from the date of the adoption of this local law while the Town Board studies, analyzes and determines potential appropriate revisions and amendments to the Town Code regarding the propriety of Battery Energy Storage Systems (as defined below). SECTION 2: DEFINITIONS BATTERY ENERGY STORAGE SYSTEM (BESS): A system consisting of electrochemical storage batteries, battery chargers, controls, power conditioning systems and associated electrical equipment, assembled together, capable of storing energy in order to supply electrical energy at a future time, not to include a stand- alone twelve-volt car battery or an electric motor vehicle. A battery energy storage system (BESS) is classified as a Tier 1 or Tier 2 battery energy storage system as follows: (1) Tier 1 battery energy storage systems have an aggregate energy capacity less than or equal to 600 kWh and, if in a room or enclosed area, consist of only a single energy storage system technology. This Tier 1 Battery Energy Storage Systems category is for one- to two- family residential dwellings within or outside the structure with an aggregate energy capacity that shall not exceed: [1] Forty kWh within utility closets and storage or utility spaces.