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Town Board Meeting, September 2, 2026 REGULAR TOWN MEETING Colden Fire Hall – 7:00 pm 4 In short, the Town is very concerned with the detrimental effects of Battery Energy Storage Systems on the health, safety, welfare and quality of life of the residents and citizens of the Town of Colden. Thus, the Town Board has decided to review the Town Code in conjunction with recommendations by the Colden Planning Board, and consider potential code and Zoning revisions thereto in order to address the Town’s concerns with Battery Energy Storage Systems. In order to allow the Town Board time to complete its review, draft proposed new legislation and enact any such legislation, the Town Board deems it in the best interest of the general health, safety and welfare of the residents of the Town of Colden to impose a moratorium prohibiting the review and approval of applications and permits for Battery Energy Storage System in the Town of Colden. SECTION 4: MORATORIUM Pursuant to the statutory authority vested in the Town to regulate and control land use and to protect the health, safety and welfare of its residents, the Town Board of the Town of Colden hereby declares a twelve-month moratorium on the review and approval of new as of yet unfiled and all pending applications for any and all land use approvals, including site plan approvals, subdivision plats, building permits, special use permits, change of use, and variances (hereinafter “Land Use Approvals”) for all Battery Energy Storage Systems within the Town. During the period of this local law: - The Code Enforcement Department as well as the Colden Planning Board shall defer duties for site plan review and Special Use Permits, shall not accept any application, grant any approval to, or continue the review of a subdivision plat, site plan, special use permit, change of use, or other permit that includes the permitting, construction and/or development of a Battery Energy Storage System within the Town. - The Zoning Board of Appeals shall not accept any application or grant any approval for a variance or other permit that would have as a result the permitting, construction and development of a Battery Energy Storage System within the Town. - The Code Enforcement Department shall not accept any building permit application or grant any Certificate of Occupancy or Certificate of Compliance for a Battery Energy Storage System within the Town. - Projects currently under construction and projects that have received final approvals are not subject to this moratorium. Notwithstanding the foregoing, special permit and site plan applications for Battery Energy Storage Systems may be reviewed (but not approved) by the Town of Colden if an applicant signs a moratorium acknowledgment, in a form approved by the Town Attorney, that confirms the applicant is aware of the moratorium, is processing its application at the risk of the