Southtowns Record

Town Board Regular Meeting Agenda, May 4, 2026 — Minutes

Government
Town of Hamburg
Board
Town Board
Meeting
May 4, 2026
Kind
Minutes
Topics
Energy and data center siting, Moratoriums, Parks and recreation, Public safety, Zoning and land use, Budget and taxes, Audits and oversight, Roads and traffic, Water, sewer and drainage

Original document

Same meeting

Text · page 5 of 6

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 “grandfatheredâ€​ from this
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