Town of Niagara, NY Article XV Airport Protection Overlay District

[Added 10-19-2021 by L.L. No. 4-2021]

§ 245-66 Purpose.

A. The purposes of the Airport Protection Overlay District (APOD) are for the protection of the public health and safety, the promotion of air safety and to optimize the use of the navigable airspace proximate to the Niagara Frontier Transportation Authority's (NFTA) Niagara Falls International Airport (NFIA) and Niagara Falls United States Air Force Reserve Station (ARS), to enhance the economic benefits derived from a continued and expanding use of both the NFIA and the ARS, and to prevent the creation or establishment of a potential airport hazard or a land use detrimental or incompatible with those purposes.

B. Additional objectives of this overlay district are to regulate the height, land use, new construction, major modernization or substantial rehabilitation that is consistent with United States Department of Transportation (DOT), Federal Aviation Administration (FAA) regulations, particularly 14 CFR Part 77, which seek to ensure the safety of approaching and departing aircraft.

§ 245-67 Boundaries.

Due to proximity to the Niagara Falls United States Air Force Reserve Station (ARS) and the Niagara Falls International Airport (NFTA), the APOD will encompass the entire Town of Niagara.

§ 245-68 Applicability.

The provisions of this article should require notice and an opportunity to be heard for the Niagara Falls Air Reserve Station and the Niagara Frontier Transportation Authority for any proposed development actions in the Town that meet the following criteria:

A. New construction of a building or other structure greater than three stories or 30 feet high;

B. A use which introduces explosive, flammable or toxic materials to a significant degree into the APOD;

C. Any new construction or repair, rehabilitation, expansion, or modification of a structure whose cost is estimated to exceed $500,000;

D. A cell tower or solar energy project;

E. Any proposed project whose design would attract wildlife in significant enough numbers so as to potentially negatively impact aviation safety;

F. Any proposed project that will cause sufficient glare, uplight, or reflecting light so as to potentially negatively impact aviation safety.

§ 245-69 Notice to Niagara Falls Air Reserve Station; opportunity to be heard.

A. The Niagara Falls Air Reserve Station will be provided notice and an opportunity to be heard on any new building permit or site plan application that meets the criteria set forth in § 245-68 above.

B. The Niagara Falls Air Reserve Station will be provided at least 30 days' notice and an opportunity to be heard by the Town Code Enforcement, or the Town Planning Board, the Town Zoning Board, and the Town Board of any agenda item falling within the criteria set forth in § 245-68 above.

C. The Niagara Falls Air Reserve Station will be permitted to present comments and recommendations with respect to any projects which may affect its operations. However, the Niagara Falls Air Reserve Station will not have any voting or approval authority with respect to the determinations of the Town of Niagara and its boards.

D. Notices will be sent only by email to the following addresses:

(1) [e-mail]

(2) [e-mail]

Samantha Brenzel

Senior Aviation Planner

Buffalo Niagara International Airport

4200 Genesee Street

Buffalo, New York 14225

(3) [e-mail]

Robert Stone

NFIA Airport Manager

Niagara Falls International Airport

2035 Niagara Falls Boulevard

Niagara Falls, New York 14304