Southtowns Record

TB Minutes — 9-2026-minutes.pdf

Government
Town of Colden
Board
Town Board
Meeting
Sep 2, 2026
Kind
Minutes
Topics
Energy and data center siting, Zoning and land use, Moratoriums, Parks and recreation, Budget and taxes, Public safety, Roads and traffic, Water, sewer and drainage

Original document

Same meeting

Text · page 4 of 11

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