Text · page 5 of 11
Town Board Meeting, September 2, 2026 REGULAR TOWN MEETING Colden Fire Hall – 7:00 pm 5 applicable regulations being changed, and assumes the consequences of such risk. SECTION 5: TERM The moratorium imposed by this Local Law shall be Extended for 6 months from the effective date of this Local Law, and will expire at the end of this 6-month extension, or at such time a Colden Local Law Regulating Battery Energy Storage Systems is filed at the office of the Secretary of State in accordance with Section 27 of the Municipal Home Rule (MHR) Law. SECTION 6: HARDSHIP WAIVER A. Should any owner of property affected by this Local Law or any applicant with an application currently pending before any Board of the Town suffer any unnecessary and extraordinary hardship due to the enactment and application of this Local Law, then the owner of said property may apply to the Town Board of the Town of Colden in writing for a variance from strict compliance with this Local Law upon submission of proof of such unnecessary hardship. For the purposes of this Local Law, unnecessary or extraordinary hardship shall not be: a. the mere concern that regulations may be changed or adopted, or that the Plan may be amended; or b. the mere delay in being permitted to make an application or waiting for a decision on the application for a variance, special permit, site plan, subdivision, or other permit during the period of the moratorium imposed by this Local Law. B. An application for an exception based upon unnecessary or extraordinary hardship shall be filed with the Town Clerk no earlier than the effective date of this Local Law, including a fee of one thousand and five hundred 00/100 Dollars ($1,500.00) for each tax map parcel claimed to be subject to unnecessary or extraordinary hardship, by the landowner or the applicant upon the consent of the landowner. The application shall provide a recitation of the specific facts that are alleged to support the claim of unnecessary or extraordinary hardship and shall contain such other information and/or documentation as the Town Board, shall prescribe as necessary for the Town Board to be fully informed with respect to the application. C. Procedure. Upon submission of a written application to the Town Clerk by the property owner seeking a hardship waiver from the provisions of this Local Law, the Town Board shall, within forty-five (45) days of receipt of a completed application, schedule a Public Hearing on said application upon five (5) days’ written notice in the official newspaper of the Town of Colden. At said Public Hearing, the property owner and any other parties wishing to present evidence with regard to the application shall have an opportunity to be heard, and the Town Board shall, within thirty (30) days of the close of said Public Hearing, render its decision either granting, denying, granting in part or denying in part, the application for a hardship waiver from the strict requirements of this Local Law. If the Town Board determines that a property owner will suffer an