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energy storage systems law, adopted in 2021, and recognizes that these industries have rapidly changed in terms of technology and permitting, and seeks to modernize these existing laws. The Town Board further determines that the unsuitable location of such facilities, the absence of proper dimensional and performance standards, and the lack of clearly established requirements could result in materially adverse and potentially irreversible impacts upon neighboring properties and the Town as a whole The Town Board finds that any development of solar energy systems and battery energy storage systems should be prohibited for a temporary period of time until completion of said law amendments in order to protect the health, safety and welfare of the Town of Hamburg, including to better promote community planning and development values in the context of the rapidly changing technology and industry of solar energy systems and battery energy storage. During the pendency of the moratorium, the Town Board will consider how best to permit such solar energy systems and battery energy storage systems so as to harmoniously integrate such facilities within the existing community, pursuant to the Town’s 2023 approved update to the Comprehensive Plan. SECTION V. APPLICABILITY For a period of twelve (12) months from the effective date of this Local Law, no applications shall be accepted or considered by the Town of Hamburg for any battery energy storage systems, or Tier 2 and Tier 3 solar energy systems. This Local Law shall be binding upon the Town Board, Planning Board, Zoning Board of Appeals, Building Inspectors, all Town officials and employees, and any applicant or real property owner within the Town of Hamburg seeking any permit, certificate of occupancy, or approval. SECTION VI. TERM This moratorium shall be in effect for a period of twelve (12) months from its effective date. This term may be extended by one (1) additional period of up to six (6) months by resolution of the Town Board upon a finding of the necessity for such extension. SECTION VII. HARDSHIP AND APPEALS PROVISIONS Should any owner of property affected by this Local Law suffer any unnecessary hardship in the way of carrying out the strict letter of this Local Law, then the owner of said property may apply to the Town Board in writing for a waiver from strict compliance with this Local Law upon submission of proof of such necessary hardship. Mere delay in being permitted to make an application or waiting for a decision on the application for site plan, variance, or other permit during the period of the moratorium imposed by this Local Law shall not be considered an unnecessary hardship. Any application for a variance or waiver shall be filed with the Town of Hamburg Town Clerk and shall include a fee as determined by resolution of the Hamburg Town Board for the processing of such application. Upon submission of a written application to the Town Clerk by the property owner seeking a waiver from this Local Law, the Town Board shall, within thirty (30) days of receipt of said application, schedule a public hearing on said application upon five (5) days written notice in the official newspaper of the Town. The Town Board, within fourty-five (45) days of the close of the public hearing, shall render its decision either granting or denying the application for variation from the strict requirements of this Local Law. If the Town Board determines that a property owner will suffer an unnecessary hardship if this Local Law is strictly applied to a particular property, then the Town Board shall waive the application of this Local Law to the minimum extent necessary to provide the property owner relief from strict compliance with this Local Law. SECTION VIII. SUPERSESSION All local laws, ordinances, or parts of local laws and ordinances of the Town of Hamburg that are in conflict with the provisions of this Local Law are hereby suspended to the extent necessary to give this Local Law full force and effect during the effective period of the moratorium. SECTION IX. SEVERABILITY The invalidity of any word, section, clause, paragraph, sentence, part or provision of this Local Law shall not affect the validity of any other part of this Local Law which can be given effect without such invalid part or parts. SECTION X. EFFECTIVE DATE This Local Law shall take effect immediately upon its filing with the Secretary of State in accordance with the Municipal Home Rule Law. SECTION XI. GRANDFATHER CLAUSE The enactment of this moratorium will affect any new application received as of the effective passage date of this Local Law. Any application received prior to this date will be “grandfathered†from this 5