Just before the holidays, the Plattekill Town Board officially adopted a six month moratorium that temporarily prohibits the review of applications for Battery Energy Storage Systems [BESS] in town. The board has the option of extending the moratorium by resolution for an additional six month period, if they feel there is a need for it.

The resolution also states that, “during the period of the moratorium the Town Board shall endeavor to adopt amended land use regulations pertaining to Battery Energy Storage Systems.”

The resolution has a provision that allows the Town Board to grant some minimum relief to an applicant but they, “shall be required to show by clear and convincing evidence, including credible dollars and cents, proof that the applicant cannot make reasonable use of its property for any of the uses permitted in the zoning district; that the moratorium causes extraordinary injury or irreparable harm to the applicant and that it would be unreasonable and unjust to not grant relief from the moratorium.”

The resolution states that an applicant may submit an application to the Town Clerk, pay a $1,000 fee for each tax map parcel seeking relief, after which a public hearing will be scheduled. After the hearing the Town Board shall render a decision.

A section of the Resolution points out that all applicants shall proceed at their own risk, “because such application may be impacted by and may be denied because of BESS regulations adopted during or after the period of this moratorium.”