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Town Board Meeting, September 2, 2026 REGULAR TOWN MEETING Colden Fire Hall – 7:00 pm 3 [2] Eighty kWh in attached or detached garages and detached accessory structures. [3] Eighty kWh on exterior walls. [4] Eighty kWh outdoors on the ground. (2) Tier 2 battery energy storage systems have an aggregate energy capacity greater than 600 kWh or are comprised of more than one storage battery technology in a room or enclosed area. SECTION 3: LEGISLATIVE FINDINGS The Town of Colden is a rural, largely agricultural, forestry, and residential community, having a population of approximately 3,100 people, in approximately 1,100 residences, according to the results of the 2020 census. Colden has a distinctive scenic and historic character, comprised of farmland, woodlands, lakes and streams, historic structures and sites, and unique natural resource areas like Colden’s Pipe Creek basin, among others. The Town’s southern town line adjoins the 974- acre Erie County Sprague Brook Park which is a critical forested site in the Erie County Park System. Colden also adjoins cross country and downhill skiing areas that are an important aspect of life in Colden. These characteristics all contribute to Colden's unique character and help make the Town an attractive place to live, work, and play. Colden's scenic and historic resources should be protected and carried forward into the Town’s future, even as development continues to occur consistent with Colden’s recently adopted Comprehensive Plan (Comp) and Agriculture and Farmland Protection Plan (AFPP). The Town also has concerns that unregulated commissioning of BESS projects within the Town may accelerate conversion of viable and productive Agricultural Land into other purposes that would be difficult, if not impossible, to remediate at the end of the BESS project life cycle. Reverting lands used for BESS activities back the Agricultural farms and forests may be impossible for subsequent generations of our citizens. The Town of Colden is actively engaged in the continual review and updating of its zoning code and Town Local Laws. Colden’s new Comp and AFPP provide general guidance for Colden’s future, and for development on a community-wide basis. The Town must determine how deployment of Battery Energy Storage Systems may be in conflict with other Town goals. One specific area of concern and inquiry is Battery Energy Storage Systems (BESS) quality of life impact within the Town. The Town has significant safety concerns, especially following recent fire incidents at facilities across New York State. The Town intends to study the safety and security of these energy storage systems, including thermal runaway, off gassing and toxicity, stranded energy, ways to prevent fires, prevent by-product contamination, and ensure emergency responders have the necessary training and information to prepare and deploy resources in the event of a fire. The Town intends to study which areas in Colden may be appropriate for such systems.