Southtowns Record

Town Board Regular Meeting Agenda, Apr 13, 2026 — Minutes

Government
Town of Hamburg
Board
Town Board
Meeting
Apr 13, 2026
Kind
Minutes
Topics
Energy and data center siting, Moratoriums, Zoning and land use, Public safety, Budget and taxes, Parks and recreation, Audits and oversight, Roads and traffic, Water, sewer and drainage

Original document

Same meeting

Text · page 6 of 8

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 Hamburgâ€​ 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 Hamburgâ€​ 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
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
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