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currently experiencing significant new development of solar energy systems and continues to receive more interest for additional development of solar energy systems. In addition, battery energy storage systems, particularly for energy generated via solar facilities, have also received significant interest; and WHEREAS, the Hamburg Town Board further finds that solar energy systems and battery energy storage systems present unique land use, safety, and operational considerations, including but not limited to site design, stormwater management, screening, decommissioning, and coordination with local agencies; and WHEREAS, the Town Board finds it imperative that the Town undertake a thorough examination of these systems to identify any possible threats to public health, safety and welfare as well as evaluate the potential for environmental degradation; and WHEREAS, it is essential for the Town of Hamburg to enact a temporary moratorium to carefully evaluate the implications of Tier 2 and Tier 3 solar energy systems and battery energy storage systems and assess how they may impact the Town, its residents, and its fire prevention infrastructure; and WHEREAS, the Code Review Committee has recommended that the Codes currently regulating solar energy systems and battery energy storage systems be amended and updated; and WHEREAS, the Code Review Committee needs time to update these regulations, and is recommending that the Town of Hamburg adopt a moratorium while these Codes are being updated; and WHEREAS, the Town has introduced the following proposed Local Law, entitled “A Local Law to Establish a Temporary Moratorium on All Battery Energy Storage System (BESS) Facilities and Tier 2 and Tier 3 Solar Energy Systems in the Town of Hamburg†and presented a copy to each member of the Board , which reads as follows: Be it enacted by the Town Board of the Town of Hamburg as follows: SECTION I. TITLE This Local Law shall be entitled “A Local Law to Establish a Temporary Moratorium on All Battery Energy Storage System (BESS) Facilities and Tier 2 and Tier 3 Solar Energy Systems in the Town of Hamburg†SECTION II. PURPOSE AND INTENT The purpose of this local law is to enact a moratorium in the Town of Hamburg in order to temporarily halt for a period of twelve months the development of new Tier 2 and Tier 3 solar energy systems and all battery energy storage systems, while the Town of Hamburg examines and studies the impacts of the development of Tier 2 and Tier 3 solar energy systems and battery energy storage systems, and develops and adopts local legislation to regulate such facilities. SECTION III. AMENDMENT OF PRIOR LAW Chapter 280 of the Code of the Town of Hamburg is further amended as follows: Chapter 280 is amended to add a new §280-385.1 and §280-397.1 which shall read as follows: “For the period commencing on the effective date of this Local Law and for twelve months thereafter, there shall be a moratorium on the processing, approval, and/or construction of new Tier 2 and Tier 3 solar energy systems and all battery energy storage systems within the Town of Hamburg. During this moratorium, the Code Review Committee, led by the Planning Department, will draft new regulations to the solar law and the battery energy storage systems law for presentation to the Town Board for potential adoption, and periodic reports on the drafting of these regulations will be given to the Town Board to illustrate progress and to receive input from the Town Boardâ€. SECTION IV. LEGISLATIVE FINDINGS The Hamburg Town Board finds and hereby determines that the State of New York is currently experiencing significant new development of solar energy systems and continues to receive more interest for additional development of solar energy systems. In addition, battery energy storage systems, particularly for energy generated via solar facilities, have also received significant interest. The Hamburg Town Board further finds that solar energy systems and battery energy storage systems present unique land use, safety, and operational considerations, including but not limited to site design, stormwater management, screening, decommissioning, and coordination with local agencies. The Town has noted the popularity of new solar facilities in New York as well as the interest in battery storage and would like to examine the potential impacts thereof in the Town of Hamburg, as well as develop and adopt amendments to existing local legislation to regulate solar energy systems and battery energy storage systems. The Town currently has a solar law, adopted in 2020, and a battery 4