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.
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.