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 7 of 8

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 on or after April 13, 2026. Any
application received prior to this date will be “grandfatheredâ€​ from this moratorium and will
be processed under the existing regulations. Any application received on or after this date will not
be processed, and no approvals or permits will be issued. NOW, THEREFORE BE IT
RESOLVED, that a hearing before the Town Board of the Town of Hamburg, in the County of
Erie shall be held at the Town Hall, S-6100 South Park Avenue, Hamburg, New York at 7:00 p.m.
on the 4th day of May, 2026, for the purpose of hearing all persons interested in the proposed
Local Law; and an appropriate notice of such public hearing shall be published for this purpose.
BE IT FURTHER RESOLVED, that the Town Clerk is to make copies of the 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€​,
available at her office for inspection and distribution to any interested person during business
hours. BE IT FURTHER RESOLVED, that Hamburg Town Board hereby entertains this proposed
local law and authorizes the 239-m referral of this proposed local law to Erie County for their
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