Establish neighborhoods with a variety of housing types in a unique, attractive environment that is oriented toward connecting residents and fostering pedestrian activity.

Locate residential types and densities in a manner that provides a natural transition from single- and two-family neighborhoods to higher density developments, community resources, and commercial centers.

Expand housing options for residents of all ages, incomes, and life stages in a connected, community-centered environment.

Foster the compatibility of residences and other improvements through their arrangement, bulk, form, character, and landscaping.

Develop on- and off-site connections to nearby amenities, roadways, sidewalks, parks, and trails.

Design well-configured greens, landscaped streets, greenbelts, and parks that are woven into the pattern of the neighborhood and dedicated to the social interaction, recreation, and visual enjoyment of the residents.

Preserve and integrate existing natural features and undisturbed areas into the open space and design of the neighborhood.

Create a cohesive and interconnected traditional neighborhood development pattern throughout the entirety of the District, regardless of the sequence of proposals or project phasing.

Fit the context of existing neighborhoods in terms of scale, architectural style, intensity of use, and size of lots and structures.

Accommodate a mix of uses which are designed to serve the residents of the neighborhoods and surrounding community.

Be of an appropriate scale and design to complement the existing character of neighborhoods where they are located and be sensitive to the context of existing surroundings.

Reduce the presence of generic, auto-oriented suburban development, and encourage the transformation of buildings and sites in a manner that improves the aesthetics of the corridor and enhances the character and walkability of the streetscape.

Provide for safe, convenient pedestrian connectivity and access on- and off-site and reduce potential conflicts between motor vehicles and pedestrians.

Ensure the design of the site balances adequate landscaping, buffering, and green space with parking, circulation, and access needs, particularly where abutting residential properties.

Promote optimal utilization of properties fronting commercial collector streets and provide future opportunities for economic development by enhancing the viability of low impact commercial corridors and activity centers.

Encourage a mix of residential, limited commercial, tourism, and recreational uses, including public and private water-dependent and water-oriented uses.

Support the redevelopment of the waterfront into a vibrant, attractive destination for residents and visitors alike.

Ensure development is sensitive to the physical and environmental limitations of the lands within this district, working with the landscape to preserve natural features and optimize green space.

Promote public access to and use of waterfront areas, including along the shoreline, through the extension and enhancement of public parks and trails.

Protect unique vistas and viewsheds to and from the shoreline.

Provide a buffer between the waterfront and the industrial areas of the Town on the inland side of River Road.

Utilize building and site design practices that address both the River Road streetscape and Niagara shoreline, enhancing the overall character and aesthetic of the waterfront.

Remediate brownfields and other contaminated lands to restore environmental quality, reclaim developable space, and provide opportunities for more desirable land uses.

Reduce the presence of industrial uses through increased landscaping and screening, and redirect such uses to the appropriately designated industrial areas of the Town.

Contribute to the local economy by increasing the tax base and local job opportunities, as well as providing for the production and availability of goods, services, and utilities to the region.

Capitalize on opportunities to rehabilitate vacant or underutilized buildings and sites within the District.

Foster an innovative, viable center for industry within the Town in a campus style environment, allowing for supportive commercial uses that serve office and industrial operations.

Continue to support large-scale industry and commerce provided that such uses operate in a manner that protects and maintains the health, safety, welfare, and quality of life of adjacent neighborhoods.

Emission of noise in excess of 65 decibels.

Emission of any odor which endangers the health, comfort, safety or welfare of any person or which has a tendency to cause injury or damage to property, business or vegetation.

Emission of dust or dirt which endangers the health, comfort, safety or welfare of any person or which has a tendency to cause injury or damage to property, business or vegetation.

Emission of any smoke in excess of Ringelmann Chart No. 2.

Emission of any noxious gases which endanger the health, comfort, safety or welfare of any person or which have a tendency to cause injury or damage to property, business or vegetation.

Causing, as a result of normal operations, a vibration which creates displacement of 0.003 of one inch.

Certain lighting or signs which create glare which could impair the vision of a driver of any motor vehicle.

Cause a fire, explosion or safety hazard.

Cause, as the result of its operation, an adverse environmental impact or a hazard to the safety, health or well-being of any person.

Cause, as the result of its operation, the violation of the New York State Fire Prevention Code, adopted by the Town of Tonawanda, New York.

Cause, as the result of its operation, the violation of Local Law No. 1-73, as amended, regulating the use of public and private sewers and drains in the Town of Tonawanda, New York.

Cause anything to be done which would create a violation of any law, ordinance, rule or regulation of the Town of Tonawanda, Erie County, or State of New York.

Uses identified with a "P" are permitted as-of-right, subject to compliance with all other applicable standards of this zoning code.

Uses identified with a "SP" may be allowed if reviewed and approved in accordance with Article 43 (Special Use Permits) of this chapter.

Uses not listed and those identified with a "-" are expressly prohibited.

Encourage innovation in land use variety and design, in the layout and type of new structures and in their integration with existing structures;

Enhance efficiency in the use of land, natural resources, energy, community services, and utilities;

Encourage open space preservation and protection of natural resources, historic sites, and structures;

Facilitate the provision of housing and improved residential environments;

Encourage economic development with new businesses, support existing business, and create employment opportunities; and

Encourage public access to the Town's waterfront area and encourage the implementation of facilities and uses both private and public that promote that access.

Heavy industrial uses.

Adult uses.

Crematoriums.

Waste transfer stations.

Junkyards.

Organic recycling operations.

Agricultural uses.

Acquisition and/or construction of a new Town park or recreational facility.

Improvements or rehabilitations to existing Town parks or recreational facilities.

Creation of active and passive recreation to include greenways, sidewalks, and other pedestrian/bicycle circulation networks that serve to connect significant areas and various land uses.

Utility extensions that provide additional service connection opportunities to other potential users to a degree that the Town Board deems acceptable.

Create new housing units while respecting the design and scale of low density residential neighborhoods;

Increase the housing stock of existing neighborhoods in a manner that is less intense than multi-family dwelling alternatives;

Provide a broader range of affordable housing options that respond to changing family and household needs; and

Offer a means for residents to remain in their homes and neighborhoods while also obtaining extra income, security, companionship, and/or services.

Such use may only operate as an accessory use to a single-family dwelling. There shall be no more than one such use per property.

No such use shall be permitted on a nonconforming lot or within a nonconforming structure.

The total floor area shall not exceed 30% of the total habitable floor area of the single-family dwelling and shall not include more than two bedrooms.

All exterior entrances shall be located on the side or rear facade of the primary structure or in the rear yard of the principal residence.

No such use shall be permitted if an existing approved driveway cannot accommodate at least one off-street parking space in addition to the parking spaces required for the single-family dwelling.

The construction, modification, addition, or demolition of such use shall not discernably alter the single-family residential character of the lot or structure located thereon.

Such use may be subject to an annual inspection by the Code Enforcement Officer to ensure compliance with the requirements of this chapter and all other local, regional, or state laws, rules, and regulations.

At least one of the dwellings (primary, accessory, or in-law suite) shall be occupied by the property owner and maintained as their primary residence.

The property owner shall sign an affidavit before a notary public affirming that the property is their primary residence. Such affidavit shall be submitted to the Code Enforcement Officer. Upon sale of the property, a new owner shall be required to sign and submit a new affidavit within 30 days of the close of sale.

The individual sale of an accessory dwelling unit or in-law suite apart from the single-family dwelling is strictly prohibited.

Be clearly incidental and subordinate to the primary structure or use by height, area, extent, and purpose.

Not be located in any required front yard area, unless otherwise permitted in this chapter.

Be in conformance with the dimensional and bulk requirements of the zoning district in which they are located. No accessory use or structure shall cause the rate of lot coverage to exceed the maximum rate permitted.

Be limited to one attached garage and/or detached garage and up to two additional sheds or otherwise fully enclosed accessory structures. Where both an attached and detached garage are located on a single lot, the combined maximum floor area shall not exceed 900 square feet.

Be finished with materials and/or siding that is consistent and compatible with the existing character of the primary structure and surrounding neighborhood.

Not obstruct, block, or force the enclosure of any structural opening (windows, doors, etc.), open porch, deck, or terrace, or required vehicular or pedestrian accessway.

Overhead electric circuits to garages or accessory structures shall not be permitted. All electric circuits and feeders must be installed underground.

No standby generator, air conditioner condenser or similar type units shall be located in any front yard. All standby generators shall be screened from adjacent properties by fencing or vegetation.

Decks, patios, terraces, seating areas, or gazebos.

Residential garages, carports, off-street parking areas, and driveways, including personal charging stations and EVSE, provided all applicable residential parking and driveway requirements of this chapter are met.

Enclosed storage structures, such as sheds.

Fences and walls in accordance with § 215-25.6.

Playgrounds or playhouses and private swimming pools in accordance with § 215-25.7.

Noncommercial nurseries, gardens, or greenhouses.

Fire escapes or other such structures intended to maintain the health, safety, and welfare of residents within the dwelling and the general public.

Ramps, lifts, or other such structures intended to provide an increased level of accessibility to the structure or use.

Dish or radio antennae no more than one meter in diameter and intended for noncommercial use. Such antennae shall not extend more than 30 inches above the roofline or exceed the maximum building height of the district, whichever is less.

Personal generators, air conditioning units, and other small-scale mechanical equipment for noncommercial use, provided such equipment is located in the rear yard.

Green infrastructure installations, such as rain barrels, rain gardens, or bioswales.

Other uses and structures which the Code Enforcement Officer deems appropriate by virtue of similarity in nature, activity, and/or extent to those already listed.

Decks, patios, terraces, or seating areas otherwise not programmed for public use as part of the primary operation. Outdoor seating and assembly areas shall be in conformance with § 215-24.16.

Garages or carports and off-street parking and loading areas, including charging stations and EVSE, provided all requirements of Article 30 and § 215-24.12 are met.

Enclosed storage structures, such as sheds.

Fences and walls in accordance with § 215-25.6.

Playgrounds or playhouses.

Nurseries, gardens, or greenhouses.

Fire escapes or other such structures intended to maintain the health, safety, and welfare of employees, patrons, and the general public.

Ramps, lifts, or other such structures intended to provide an increased level of accessibility to the structure or use.

Dish or radio antennae no more than two meters in diameter when screened from public view and adjacent residential property. Such antennae shall not extend more than five feet above the roofline or exceed the maximum building height of the district, whichever is less.

Generators, HVAC systems, and other mechanical equipment, provided such equipment is located, screened, and operated in accordance with the requirements of this chapter.

Green infrastructure installations, such as rain barrels, rain gardens, or bioswales.

Pump houses, water towers and storage tanks.

Walkup service windows with site plan review approval.

Clinics, cafeterias, and recreational facilities for the exclusive use of employees of the principal use.

Other uses and structures which the Code Enforcement Officer deems appropriate by virtue of similarity in nature, activity, and/or extent to those already listed.

The regulation of adult use establishments, as hereinafter defined, is found to be necessary in light of the operational characteristics of such uses which, without the enactment and enforcement of appropriate regulations, would have documented adverse, detrimental and harmful impacts and effects within the Town of Tonawanda, and particularly on residential neighborhoods and community business areas. Such impacts and effects include but are not limited to decreased property values; creation of traffic and/or parking problems due to the attraction of transients; potential increases in criminal activities; loss of business by non-adult-use commercial establishments in the vicinity, and deterioration within residential neighborhoods.

It is the purpose and intent of this section to establish appropriate and reasonable regulations and restrictions regarding the location and operation of adult use establishments, as hereinafter defined, so as to promote the health, safety, and general welfare of the residents of the Town of Tonawanda, and to establish reasonable and uniform regulations to prevent the deleterious impacts and effects identified above which may result from the location and operation of such establishments.

It is neither the purpose nor intent of this section to impose a limitation or restriction on the content of any communicative materials, including sexually explicit or sexually oriented materials, nor is it the purpose or intent of this section to restrict or deny access by adults to sexually explicit or sexually oriented materials, activities, performances or depictions protected by the First Amendment to the United States Constitution, or to deny access by distributors and/or exhibitors of sexually explicit or sexually oriented materials or entertainment to their intended market. However, it is also not the purpose or intent of this section to condone or legitimize the display or distribution of obscene materials.

Be conducted in an enclosed building.

Be conducted in such a manner that, regardless of location or distance, no one who is passing by or who is at any point outside of the enclosed building occupied by such a use shall be able to observe or perceive any performance, conduct, image, printed matter, visual representation, instrument, device or paraphernalia displaying, depicting or otherwise presenting any specified anatomical area or specified sexual activity regulated hereunder, including but not limited to any sign or advertisement or any window or other opening permitting the view of the interior of the premises from the exterior of the premises.

Not employ loudspeakers or sound equipment as part of the adult use establishment in such a way as may be audible to or discerned by the public from public or semipublic areas.

Be permitted only on lots of two acres or more.

Not be established or maintained within 500 feet of:

Not be established or maintained within 1,000 feet of another adult use.

The address of the premises.

The name and address of the owner of the premises and the names and addresses of the beneficial owners if the property is in a land trust.

The name of the business or the establishment subject to the provisions of this article.

The name(s) and address(es) of the owner, beneficial owner or the major stockholder(s) of the business or the establishment subject to the provisions of this article.

The date of initiation of the adult use.

The nature of the adult use.

If the premises or building is leased, a copy of said lease.

Adjacent properties shall be adequately protected from noise, odors, and unsightly appearances as determined appropriate by the reviewing board in site plan review. Such protections may include, but are not limited to landscaped buffers, berming, and fencing.

A waste management plan shall be required to ensure proper upkeep of the site and disposal of animal excrement and waste.

All operations must apply for and secure proper licensing and registration as required by state and local law.

All services shall be provided within a completely enclosed building.

The boarding of animals shall be prohibited.

All buildings, structures, and accessory use areas, except off-street parking areas, shall be located at least 50 feet from any property line abutting a residential district.

All services shall be provided within a completely enclosed building, with the exception of outdoor animal exercise, play, or containment areas subject to site plan review approval.

All buildings, structures, accessory use areas, and outdoor animal exercise, play, or containment areas, except off-street parking areas, shall be located at least 50 feet from any property line abutting a residential use or district.

Screening for outdoor animal exercise, play, or containment areas may be required along lot lines bordering residential uses or districts at the reviewing board's discretion.

All animals will be confined to the property and housed in an enclosed structure in humane conditions (i.e. protected from weather, clean, sanitary, adequate space, non-porous surfaces, well-ventilated, etc.) All animals shall be kept within a totally enclosed building between 10:00 p.m. and 6:00 a.m.

Proposed cremation equipment including emission control devices.

Chimney stack height.

Plans for ongoing emission monitoring and performance testing.

Documentation that all emissions fall within accepted industry practices and meet all applicable state or federal air quality standards.

Only one access drive, or two one-way access drives, shall be permitted per street frontage.

Vehicular stacking/exit lanes, service areas, or windows shall not be located in the front yard.

All stacking/exit lanes shall be designed so that they do not interfere with off-street parking areas or vehicular and pedestrian circulation on the site. Such lanes shall be designed to reduce the impacts of traffic congestion on adjacent property and public streets.

All stacking/exit lanes and pedestrian walkways shall be delineated with landscaping, curbing, raised or decorative pavement, and/or signage that is identifiable during all seasons.

Speakers and any other such devices used for audio amplification shall be located a minimum of 30 feet from any adjacent residential property line and shall not be audible beyond the property line.

Menu boards may be internally or externally illuminated in accordance with Article 34 (Signage). Menu boards utilizing digital sign technology shall comply with all applicable requirements of § 215-34.18 (Digital Signs).

Menu boards shall not be illuminated outside of business hours.

To the greatest extent practicable, all speakers and menu boards shall face away from adjacent residential use(s) and public rights-of-way.

A curbed landscaped area shall be maintained at least three feet in depth along all street frontage space not used as driveway. The required landscaping and screening treatments shall be determined through site plan review.

No access drive shall be within 200 feet of and on the same side of the street as a school, public library, theater, church, or other public gathering place, park, playground or fire station unless a street 50 feet or more wide lies between such service station and such building or use.

The storage and/or display of vehicles for sale or for rent shall be prohibited.

No part of any filling pump, lift, or other service appliance shall be erected within 100 linear feet of a property line of any residential district or use.

No fuel pump shall be located closer than 20 feet to any side lot line nor closer than 35 feet to any street line, measured from the outside edge of the fuel island.

Minor vehicle repair or service may be permitted provided all activities are conducted within a completely enclosed building.

Charging stations and EVSE shall also comply with the requirements of Article 30 (Circulation, Access, and Parking), where applicable.

Permitted EVSE shall include Level 1, 2, and 3 charging stations.

Battery charging station outlets and connector devices shall be mounted to comply with local and state building and energy codes and must comply with all relevant Americans with Disabilities Act (ADA) requirements.

Equipment mounted on pedestals, lighting posts, bollards, or other devices shall be designed and located as to not impede pedestrian travel or create trip hazards on sidewalks.

Cords shall be retractable or have a place to hang the connector and cord at least three feet off the ground. Any cords connecting the charger to a vehicle shall be configured so that they do not cross a driveway, sidewalk, or passenger unloading area.

EVSE pedestals shall be designed to minimize potential damage by accidents, vandalism and to be safe for use in inclement weather.

EVSE shall not encroach into the required dimensions of a parking space (length, width, and height clearances).

EVSE shall be maintained in all respects, including the functioning of the equipment. A phone number or other contact information shall be provided on the equipment for reporting problems with the equipment or access to it.

All charging stations shall provide EVSE in at least one accessible parking space or 25% of the minimum number of accessible parking spaces required by the ADA, whichever is greater.

The home occupation must be clearly incidental and secondary to the use of the residential dwelling and shall conform to all requirements of the NYS Uniform Building and Fire Prevention Code.

The residential character of the lot and structures located thereon shall be preserved. Structural alterations or additions of a nonresidential nature shall be prohibited.

The home occupation shall be owned and operated by a full-time resident of the dwelling.

All home occupation related activities shall occur wholly within an enclosed structure.

No more than one employee shall be permitted that is a nonresident of the dwelling.

No more than one patron shall be served by the home occupation at one time, except for home day care centers as permitted by § 215-24.10.

Hours of operation shall be limited to those between 8:00 a.m. and 9:00 p.m.

There shall be no exterior display or storage of materials, good, supplies, or equipment related to the home occupation.

No home occupation shall produce odors, noises, dust, vibrations, glare, or any other nuisance not typically found in a residential neighborhood.

On-site retail sales are prohibited, except for the sale of items that are clearly incidental to a permitted home occupation.

Deliveries to home occupations shall be permitted by two-axle vehicles only.

No home occupation shall be permitted that generates more than the average volume of waste of the residential use of the dwelling in which it is located.

Site plan review required. Prior to establishing and operating such a use, approval of a site plan shall be required. Such plan shall address the potential issues resulting from high volumes of pedestrian and vehicular traffic and activity. This may include, but is not limited to, identification of a queuing plan for pedestrians and vehicles and temporary or overflow parking provisions.

A copy of the approved state license from the Office of Cannabis Management shall be provided to the Town along with the application materials regarding safety and security on the site.

Production and supplying uses for marijuana and cannabis shall submit an energy use plan as part of special use permit and site plan review. The energy use plan shall include an electrical system overview, proposed energy demand, ventilation system and air quality, proposed water system and utility demand. The plan shall also indicate how the operation will implement best practices for energy consumption to reduce demand on public infrastructure.

Additional review criteria to be considered as part of special use permit and site plan review include air quality impacts, wastewater management, solid waste disposal, odors, and buffering from residential districts and uses.

No dwelling unit conversion shall be permitted in a structure with less than 1,000 square feet of gross floor area. No dwelling unit conversion shall cause the use to exceed the maximum density requirements of the district in which it is located.

All dwelling units and structures resulting from conversion shall comply with the standards set forth in the NYS Uniform Code. Said standards shall take precedence to this chapter should there be a conflict.

Any alterations made to the exterior of the building due to the unit conversion shall be completed in such a way to preserve the single- or two-family residential character.

No dwelling unit conversion shall be permitted unless the dwelling, following such conversion, can comply with all off-street parking requirements of this chapter. Landscaping and screening of off-street parking areas shall be provided as determined necessary in site plan review.

Conversions of dwellings that decrease the number of units or combine units shall be required to ensure the discontinued dwelling unit is permanently and fully integrated into a legal dwelling unit with unimpeded access throughout the legal unit.

When adjacent to an existing residential neighborhood building designs are required to take the form of single- or two-family dwellings in a manner that is visually compatible with the architectural detailing of the Town's traditional residential character.

Buildings shall not have uninterrupted or undefined continuous wall or roof planes in excess of 50 feet. Varied roof heights, projecting bays, gables, recesses, and porches shall be used to visually divide larger building facades to produce a scale that is compatible with and complimentary to adjacent residential development.

Buildings shall maintain a distance of at least 20 feet from other structures on the lot.

Detached garages shall be located in the side or rear yard only.

Where garages are erected to serve multi-family dwellings, all of the exterior walls thereof shall be constructed of or faced with materials similar to those used in the facing of the main building.

Buildings shall be laid out so that the primary entrances face the street. Each entrance shall be connected by sidewalk to the Town's public sidewalk system, where applicable.

Developments of 10 or more units shall provide recreational open space at a standard of 250 square feet per dwelling unit. Each recreation area shall be developed with both passive and active recreation facilities, including the installation of appropriate playground or leisure equipment. Where compliance with the minimum open space area is infeasible due to lot size or other physical restriction, the reviewing board may waive or modify this requirement.

No area shall block windows, entrances, exits, pedestrian or vehicular access, sidewalks, fire lanes, or other travel lanes.

No area shall exceed 30% of the gross floor area of the primary use.

All areas shall remain clean and free of trash or debris at all times.

The use of such areas shall be clearly ancillary to the primary use. Businesses and operators not directly associated with the primary use of the property are not permitted to occupy such space.

No outside music or speakers shall be permitted.

Noise levels shall not exceed those outlined in Chapter 133 of the Code of the Town of Tonawanda.

Such areas may be allowable in the public right-of-way with the issuance of a license by the Town Board and site plan approval in accordance with this chapter.

All areas shall be located adjacent to the wall of the primary structure and shall not extend more than 20 feet from said wall or beyond any public right-of-way or property line, unless otherwise approved through site plan review.

No outdoor assembly, seating, sales, or display area shall be used for storage purposes.

Seating and all items for sales or display shall be removed, enclosed, screened, and/or otherwise secured during non-business hours.

No area shall be permitted in any front yard or within any public right-of-way.

All areas shall be fully screened from public view and from adjacent residential uses or districts.

Outside storage areas shall not exceed 12 feet in height, unless within the MU-I or GI District, and located at least 150 feet from the public right-of-way.

The storage of materials shall be limited to those necessary for and specific to the operation of the use, such as items for sale at a retail store or building materials for a construction company.

Where more than five commercial vehicles are to be parked overnight or otherwise stored on-site, the parking area for such vehicles shall be in the rear yard and screened from the view of adjacent property and rights-of-way. The nature and extent of such screening shall be approved as part of site plan review.

Acceptable pavement surfaces include asphalt, concrete, or other such paving systems designed to carry anticipated vehicle and material weights.

Unacceptable paving surfaces include millings, loose stone, degraded concrete or asphalt, and any surface that will generate dust.

Exceptions may be made to the paving requirements by the Planning Board as part of site plan review.

Any person, firm, partnership, corporation or any other entity in the food service or related industry desiring to provide patrons with outdoor facilities for dining or similar activity shall annually make application for an outdoor dining permit to the Code Enforcement Officer.

Prior to issuance of a permit, the applicant shall obtain site plan approval.

Permit expiration.

Bar and/or restaurant facilities licensed by the New York State Liquor Authority (NYSLA) to sell alcohol on the premises shall provide written approval from the NYSLA to establish such outdoor dining prior to permit issuance.

Application requirements. An application for a temporary use permit may be submitted by the property owner(s) to the Planning and Development Department on the provided form(s). The applicant shall attach materials addressing the following, as applicable:

Review criteria. The Director of Planning and Development shall consider the following when reviewing an application for temporary use. The Director may consult with any other Town department or review board as deemed necessary for an adequate and informed review.

Issuance of permit.

It shall be the responsibility of the property owner to ensure all fencing is located upon their own property and not on adjoining property.

Fences shall be oriented so that the side with posts or other structural supports faces the interior of the lot on which it is located, unless such posts or supports are an integral part of the decorative design of the fence.

No fencing shall be installed, or replaced, which poses a potential hazard to either pedestrians or motorists by restricting vision.

It shall be the responsibility of the property owner whose land contains a fence to maintain that fence so that it remains structurally sound and does not aesthetically detract from neighboring properties. The property owner is also responsible to see that any vegetation (i.e. grass, weeds) around a fence is regularly mowed.

A fence, wall or other similar structure shutting out, unduly or unnecessarily, light or air or which may cause a nuisance or a fire hazard shall not be permitted.

Fencing located within the front yard shall not exceed three feet in height. For the purposes of this Section the term "open fencing" shall refer to fencing which is no more than 50% opaque.

Fencing located within any side yard shall not exceed four feet in height.

Fencing in a rear yard shall not exceed six feet in height.

Fencing located within the front yard shall not exceed three feet in height for closed fencing or four feet in height for open fencing.

Fencing located within any side or rear yard shall not exceed eight feet in height.

In industrial districts, fences in the side or rear yard shall not exceed 10 feet in height.

Where a residential use abuts a nonresidential use or district, the maximum fence height requirement for the nonresidential use shall apply to both properties.

In nonresidential districts, fences utilized for the purposes of screening dumpsters, outdoor storage areas, telecommunications facilities, energy facilities, or other potentially unsightly uses or structures, where the maximum height would be insufficient to properly screen such use, may exceed said maximum height with site plan review approval.

The maximum building height restriction in any district shall not apply to the antenna or antenna support structure utilized by any person who holds a valid amateur radio operator's license issued by the Federal Communications Commission.

No fence shall be comprised of unfinished metal, concrete block, plastic, fiberglass, or plywood.

Decorative concrete fences are permitted in nonresidential districts.

An in-ground swimming pool is one so constructed that the majority of the pool depth is located below grade, requiring significant excavation of land and often providing for at-grade access.

An aboveground swimming pool is one so constructed that the majority of the pool depth is located above grade, raising the level of access above grade and often requiring the use of a ladder or other structure to gain entry.

All swimming pools, hot tubs, and spas shall be in conformance with the Residential Code of New York State.

A swimming pool as an accessory structure to a residential use may be installed and used in a-rear or side yard of a lot in a residential district, provided that the rear and side setback requirements are met.

A swimming pool hereafter constructed on the rear of a corner lot and adjacent to the side line of an interior lot shall be located not less than six feet from the above-mentioned side line and not less than two feet or more than three feet from the side line of the lot opposite the side street line.

Installation of solar energy systems and equipment is encouraged on all preexisting structures; however, access to sunlight which is necessary therefor cannot be obtained through the provisions of this chapter. The installation of a solar collector, whether attached to the main structure or as a detached accessory structure, shall require a building permit and a New York State Unified Solar Permit as stated in § 54-5F(8).

Other alternative natural energy conservation devices shall be considered structures and shall require a building permit. All permit applications for such devices will be reviewed and considered as they meet § 215-10.3 of this chapter.

Solar collectors are subject to the minimum setbacks, offsets and lot area coverage for whatever use district in which they are proposed to be installed.

Height limitations for solar collectors in all residential districts and the MU-N District shall be five feet above the level of the permitted building height. Height limitations in all other districts shall be in accordance with the regulations therein.

All solar collectors and their associated support elements shall be designed according to generally accepted engineering practice to withstand wind pressures applied to exposed areas by wind from any direction, to minimize the migration of light or sound from the installation and to minimize the development of sight obstructions for adjacent structures or land parcels.

All solar energy systems located in residential districts are only permitted to contain solar collectors located on the rooftops of principal or accessory buildings. The solar collectors must be completely contained within the limits of the building roof. All other equipment and components of the solar energy system shall be located within the rear yard only and are subject to setbacks for accessory structures.

The Town of Tonawanda recognizes that solar energy is a clean, readily available, and renewable energy source. Development of solar energy systems provides an excellent opportunity for the reuse of brownfields and landfills throughout the Town and offers an energy resource that can act to attract and promote green business development.

The Town of Tonawanda has determined that comprehensive regulations regarding the development of solar energy systems is necessary to protect the interests of the Town, its residents, and its businesses. This article is intended to promote the effective and efficient use of solar energy resources; set provisions for the placement, design, construction, and operation of such systems to uphold the public health, safety, and welfare; and to ensure that such systems will not have a significant adverse impact on the aesthetic qualities and character of the Town.

Any large-scale or utility-scale solar energy system erected, constructed, modified, or operated in the Town of Tonawanda after the effective date of this article shall be in compliance with this section.

In order to promote innovative design and encourage the inclusion of alternative energy systems within the overall design of a building, solar energy systems determined by the Code Enforcement Officer to be building-integrated photovoltaic (BIPV) systems, as defined herein, are exempt from the requirements of this article. BIPV systems are still required to meet applicable building codes and obtain all necessary permits. The Code Enforcement Officer may request assistance from the Planning Board to determine whether a solar energy system should be considered a BIPV system.

A building permit shall be required for installation of all large-scale and utility-scale solar energy systems.

A special use permit shall be required in accordance with the district use tables of this chapter.

Building- or ground-mounted large-scale and utility-scale solar energy systems shall be subject to site plan review.

Large-scale solar energy systems shall not be permitted as a principal use on a lot in the MU-GC District.

Plans and drawings of the solar energy system installation signed by a professional engineer registered in New York State showing the proposed layout of the entire solar energy system along with a description of all components, whether on site or off site, existing vegetation and proposed clearing and grading of all sites involved. Clearing and/or grading activities are subject to review and approval by the Planning Board and shall not commence until the issuance of site plan approval.

Certification from a professional engineer or architect registered in New York State indicating that the building or structure to which the solar energy system is to be affixed is capable of handling the loading requirements of the solar energy system and various components.

One- or three-line electrical diagram detailing the solar energy system installation, associated components, and electrical interconnection methods, with all disconnects and over-current devices.

Documentation of access to the project site(s), including location of all access roads, gates, parking areas, etc.

Plan for clearing and/or grading of the site. If necessary, a plan for stormwater management and erosion control of the site.

Documentation of utility notification, including an electric service order number.

Decommissioning plan and description of financial surety that satisfies the requirements of Subsection L for utility-scale only.

Photo simulations shall be included showing the proposed solar energy system in relation to the building/site along with elevation views and dimensions, and manufacturer's specs and photos of the proposed solar energy system, solar collectors, and all other components.

Sunchart. Where an applicant for a solar energy system requests that the setback for solar collectors from the south property line be less than that identified in Subsection I, the Planning Board may require that the applicant submit a sunchart for the proposed site indicating the sun angle for the southern boundary of the site for a minimum four-hour continuous period during the time of the highest sun angle on December 21, along with the potential for existing buildings, structures, and/or vegetation on the site or on adjacent sites to obstruct the solar skyspace of the proposed solar energy system. The sunchart shall also indicate the potential for obstructions to the solar skyspace of the proposed solar energy system under a scenario where an adjacent site is developed according to Chapter 215, Zoning, with a building/structure built to maximum bulk and height at the minimum setback. Where no standards for height and/or setback are established, this scenario shall assume a minimum fifty-foot building height developed with a maximum setback of five feet from the property line. The sunchart shall be kept on file at the Town Building Department and determine the minimum setback required for any solar collectors from the south property line as well as the solar skyspace that should be considered when development of neighboring properties occurs. This article in no way places responsibility on the Town for ensuring or enforcing solar skyspace easements, nor places responsibility for guaranteeing the solar skyspace of a solar energy system in the event setbacks are waived at the applicant's request.

A property owner who has installed or intends to install a solar energy system may choose to negotiate with other property owners in the vicinity for any necessary solar skyspace easements. The issuance of a special use permit does not constitute solar skyspace rights, and the Town shall not be responsible for ensuring impermissible obstruction to the solar skyspace as a result of uses or development performed in accordance with the Town Code. In the event that solar easements are negotiated by an applicant or property owner, a copy or documentation of any solar skyspace easements shall be provided, properly recorded as such, negotiated with neighboring property owners that shall, at a minimum, include:

Where the owner of the property is different than the site host of a solar energy system, the owner of the property shall provide an affidavit or evidence of agreement between the property owner and the solar energy system's owner/operator verifying that the system owner/operator has the permission of the property owner to install and operate the solar energy system.

All solar energy systems shall adhere to all applicable Town of Tonawanda building, plumbing, electrical, and fire codes.

Development and operation of a solar energy system shall not have a significant adverse impact on fish, wildlife, or plant species or their critical habitats, or other significant habitats identified by the Town of Tonawanda or other federal or state regulatory agencies.

The design, construction, operation, and maintenance of any solar energy system shall prevent the misdirection and/or reflection of solar rays onto neighboring properties, public roads, and public parks in excess of that which already exists.

All structures and devices used to support solar collectors shall be nonreflective and/or painted a subtle or earth-tone color.

All transmission lines and wiring associated with a solar energy system shall be buried and include necessary encasements in accordance with the National Electric Code and Town requirements. The Planning Board may recommend waiving this requirement if sufficient engineering data is submitted by the applicant to demonstrate that underground transmission lines are not feasible or practical. The applicant is required to show the locations of all proposed overhead and underground electric utility lines, including substations and junction boxes and other electrical components for the project on the site plan.

All transmission lines and electrical wiring shall be in compliance with the utility company's requirements for interconnection.

Artificial lighting of solar energy systems shall be limited to lighting required for safety and operational purposes and shall be shielded from all neighboring properties and public roads.

Any signage used to advertise the solar energy facility shall be in accordance with the Town's signage regulations.

Large-scale or utility-scale solar energy systems located in an industrial district.

Large-scale or utility-scale solar energy systems located in a mixed-use district:

Large-scale or utility-scale ground-mounted solar energy systems.

Utility-scale ground-mounted solar energy systems.

All other setbacks for all solar energy system equipment and components/structures developed as part of a large-scale or utility-scale rooftop-mounted, building-mounted and/or ground-mounted solar energy system not identified above shall be as determined by the setback for accessory structures identified for the zoning district in which the system is located.

Due to the need to keep the solar skyspace for solar energy systems free from obstructions, the Planning Board may recommend modifying the landscaping requirements within Chapter 215, Zoning, for any site proposed to contain solar collectors and shall ensure that any landscaping proposed is low-growth vegetation that will not obstruct the solar skyspace at mature height.

Following construction of a large-scale or utility-scale ground-mounted solar energy system, all disturbed areas where soil has been exposed shall be reseeded with grass and/or planted with low- level vegetation capable of preventing soil erosion and airborne dust.

Applications for utility-scale solar energy systems shall meet the following additional criteria:

Unsafe, inoperable, and/or abandoned solar energy systems and solar energy systems for which a special use permit has expired shall be removed by the owner. A solar energy system shall be deemed abandoned when it fails to produce energy for at least one year. All safety hazards created by the installation and operation of the solar energy system shall be eliminated and the site restored to its preexisting condition within six months of the removal of the solar energy system.

For all utility-scale solar energy systems, the applicant shall submit a decommissioning plan for review and approval as part of the special use permit application. The decommissioning plan shall identify the anticipated life of the project, method and process for removing all components of the solar energy system and returning the site to its preexisting condition, and estimated decommissioning costs, including any salvage value.

The applicant for a utility-scale solar energy system where the system is the principal use on a lot shall, as a condition of the special use permit and upon each renewal, provide and maintain a form of financial surety. Such financial surety shall be provided either through a security deposit, escrow account, bond, or in a manner otherwise acceptable to the Town. The amount shall be based upon the estimated decommissioning costs and shall not exceed $50,000 per application. It is intended to cover, in whole or in part, the cost of decommissioning in the event the Town must remove any utility-scale solar energy systems and associated structures/components, as well as restore the site subsequent to such removal in accordance with the approved decommissioning plan. Upon successful completion of all decommissioning activities, any remaining portion of the posted financial surety shall be returned to the applicant. Such financial surety shall not be required for municipally or state-operated solar energy systems or for utility-scale solar energy systems that meet all of the following criteria:

Special use permits granted for utility-scale solar energy systems and performance standards use permits issued for large-scale or utility-scale solar energy systems shall be assignable or transferable so long as they are in full compliance with this article and all conditions, and the Building Department is notified of the transfer at least 15 days prior thereto.

Any post-construction changes or alterations to the solar energy system shall be done by amendment to the special use permit only and subject to the requirements of this article.

Location of the WECS on the site and the tower height, including blades, rotor diameter and ground clearance.

Utility lines, both above and below ground, within a radius equal to the proposed tower height, including the blades.

Property lot lines and the location and dimensions of all existing structures and uses on site within 1,000 feet of the WECS.

Surrounding land use and all structures within 1,500 feet of the WECS.

Dimensional representation of the various structural components of the tower construction including the base and footing.

Certification by a registered New York State professional engineer that the tower's design is sufficient to withstand wind loading requirements for structures as established by the New York State Uniform Construction Code:

Existing topography.

Proposed plan for grading and removal of natural vegetation.

Proposed plan for restoration after construction according to Town of Tonawanda and New York State Department of Environmental Conservation guidelines.

Wind characteristics and dominant wind direction from which 50% or more of the energy contained in the wind flows.

Plan for ingress and egress to the proposed project site including:

Detailed construction plan, including but not limited to a construction schedule, hours of operation; designation of heavy haul routes; a list of material, equipment, and loads to be transported; identification of temporary facilities intended to be constructed and contact representative in the field with name and phone number.

Tree delineation. All groves of trees shall be located on the site plan at time of application. No tree of three inches DBH or greater shall be removed without approval of the Planning Board.

Turbine information. Specific information on the type, size, height, rotor material, rated power output, performance, safety, and noise characteristics of each commercial wind turbine model, tower, and electrical transmission equipment.

Turbine drawings. Photographs or detailed drawings of each wind turbine model including the tower and foundation.

Noise report. (See § 215-27.6H for requirements.) A noise report shall be furnished which shall include the following (the noise report requirement may be waived by the Town for noncommercial WECS):

A geotechnical report shall be furnished which shall at a minimum include the following:

Ice throw calculations (for commercial WECS): a report from a New York State professional engineer that calculates the maximum distance that ice from the turbine blades could be thrown. (The basis of the calculation and all assumptions must be disclosed.)

Blade throw calculations (for commercial WECS): a report from a New York State professional engineer that calculates the maximum distance that pieces of the turbine blades could be thrown. (The basis of the calculation and all assumptions must be disclosed.)

Catastrophic tower failure. A report from the turbine manufacturer stating the wind speed and conditions that the turbine is designed to withstand (including all assumptions).

Emergency ingress and egress plan. Plan illustrating how emergency service personnel should respond to emergencies in and around the WECS Plan should illustrate: ingress and egress routes for emergency service personnel, evacuation routes for WECS staff, and minimum safe distance to establish an evacuation perimeter.

Evacuation perimeter: minimum safe distance specified by the WECS manufacturer that people should be removed from the radius of the WECS in the event of an emergency or catastrophic tower failure.

Plan illustrating how the manufacturer's WECS is designed to cease operations in the event of a fire. Plan also includes the manufacturer's recommendations for emergency service personnel response in the event of a fire. The Fire Safety Plan shall be approved by the Town of Tonawanda Fire Chief or appropriate Building Department designee.

FAA notification. A copy of written notification to the Federal Aviation Administration.

Utility notification. Utility interconnection data and a copy of a written notification to the utility of the proposed interconnection.

Notification to microwave communications link operators. An application that includes any wind turbine which is located within two miles of any microwave communications link shall be accompanied by a copy of a written notification to the operator of the link.

Floodplain. An application that includes any wind turbine which is located within a 100-year floodplain area shall submit the appropriate floodplain study to the Town and any additional information as requested by the Town.

Other information. Such additional information as may be reasonably requested by the Development Services Staff, Planning Board or Town Board.

From property boundary lines:

From structures:

From public road and highways.

From aboveground transmission lines greater than 12 kilovolts: A minimum 1.5 times the total WECS height from any aboveground transmission line greater than 12 kilovolts, excluding where transmission lines are located within PUD zones.

Building-mounted WECS must meet the height requirements of the district in which they are located and are restricted to a maximum of 15 feet above the roofline.

The maximum overall height of any noncommercial WECS shall be 165 feet. The maximum height shall be measured from the ground elevation to the top of the tip of the blade in the vertical position.

Color and finish. Wind turbines shall be painted a nonobtrusive natural (such as white, gray, or beige) color that is nonreflective.

Camouflage facilities. The design of WECS buildings and related structures shall, to the extent reasonably possible, use materials, colors, textures, screening and landscaping that will blend the facility to the natural setting and the existing environment.

Safety shutdown. Each wind turbine shall be equipped with both manual and automatic controls to limit the rotational speed of the blade within the design limits of the rotor. Manual electrical and/or overspeed-shutdown-disconnect switches shall be provided and clearly labeled on the wind turbine structure. No wind turbine shall be permitted that lacks an automatic braking, governing, or feathering system to prevent uncontrolled rotation, overspeeding and excessive pressure on the tower structure, rotor blades, and turbine components.

Grounding. All structures which may be charged with lightning shall be grounded according to applicable electrical codes.

Wiring. All wiring between the wind turbines and the wind energy facility substation shall be underground. The applicant is required to provide a site plan showing the locations of all overhead and underground electric utility lines, including substations for the project.

All transmission lines from WECS to on-site substations shall be underground. The Town Board shall have the authority to waive this requirement if the owner of the property upon which the transmission line will be sited consents to aboveground transmission lines or if the Town Board has sufficient engineering data submitted by the applicant to demonstrate that underground transmission lines are unfeasible.

Ground clearance. The blade tip of any wind turbine shall, at its lowest point, have ground clearance of not less than 50 feet.

Climbability. Wind turbine towers shall not be climbable (exterior) up to 15 feet above ground level.

Access doors locked. All access doors to wind turbine towers and electrical equipment shall be lockable and shall remain locked at all times when operator personnel are not present.

Self-supporting structures. All structures shall be of monopole construction (single pole). No lattice structures or guy wire supported structures shall be permitted.

Signage. Appropriate warning signage shall be placed on WECS and all WECS appurtenances (towers, electrical equipment, and wind energy facility entrances, etc.). Signage shall also include two twenty-four-hour emergency contact numbers to the owner of the wind turbine in accordance with local, state, and federal codes.

Compliance with noise regulations required. A WECS permit shall not be granted unless the applicant demonstrates that the proposed project complies with all noise regulations.

Noise study required. The applicant shall submit a noise study based on the requirements set out in § 215-27.4. The Planning Board and Technical Support Department shall determine the adequacy of the noise study and, if necessary, may require further submissions. The noise study shall consider the following:

Noise setbacks. The Town Board may impose a noise setback that exceeds the other setbacks set out in this section if it deems that such greater setbacks are necessary to protect the public health, safety and welfare of the community.

Audible noise standard. The audible noise standard due to wind turbine operations shall not be created which causes the noise level at the boundary of the proposed project site to exceed 45 dBA for more than five minutes out of any one-hour time period or to exceed 50 dBA for any time period.

Operations, low frequency noise. A WECS facility shall not be operated so that impulsive sound below 20 Hz adversely affects the habitability or use of any dwelling unit, hospital, school, library, nursing home, or other sensitive noise receptor.

Noise complaint and investigation process required. The applicant shall submit a noise complaint and investigation process. The Planning Board shall determine the adequacy of the noise complaint and investigation process.

Fireproof or fire-resistant building materials.

Buffers or fire-retardant landscaping.

Availability of water.

An automatic fire-extinguishing system for all buildings or equipment enclosures of substantial size containing control panels, switching equipment, or transmission equipment — without regular human occupancy.

Provision of training and fire-fighting equipment for local fire protection personnel.

Endangered or threatened species. Development and operation of a WECS facility shall not have a significant adverse impact on endangered or threatened fish, wildlife, or plant species or their critical habitats, or other significant habitats identified in the Town of Tonawanda Comprehensive Plan and/or the studies and plans of the regional planning commissions based on criteria established by the federal or state regulatory agencies.

Migratory birds. Development and operation of a commercial WECS shall be evaluated based on SEQRA findings.

Removal and site restoration. Unsafe WECS facilities, inoperable WECS facilities, and WECS facilities for which the permit has expired shall be removed by the owner at their expense. All safety hazards created by the installation and operation of the commercial wind energy facility shall be eliminated, and the site shall be restored to its natural condition to the extent feasible as per Subsection K(2) of this section. A bond or other appropriate form of security shall be required to cover the cost of the removal and site restoration at the time of building permit application. The bond shall be payable to the Town of Tonawanda for the removal of nonfunctional WECS and appurtenant facilities in an amount to be determined by the Town for the period of the life of the facility. Any fund established may consist of a letter of credit from a State of New York licensed financial institution. All costs of the financial security shall be borne by the applicant.

Removal and site restoration plan required. The applicant shall submit a removal and site restoration plan and removal and site restoration plan cost estimate to the Code Enforcement Officer and Technical Support Department for review and approval. The restoration plan shall identify the specific properties it applies to and shall indicate removal of all buildings, structures, wind turbines, access roads and/or driveways and foundations to four feet below finished grade; road repair costs, if any; and all regrading and revegetation necessary to return the subject property to the condition existing prior to establishment of the WECS facility. The restoration shall reflect the site-specific character, including topography, vegetation, drainage, and any unique environmental features. The plan shall include a certified estimate of the total cost (by element) of implementing the removal and site restoration plan.

Public nuisance. Every unsafe WECS facility and every inoperable WECS facility is hereby declared a public nuisance which shall be subject to abatement by repair, rehabilitation, demolition, or removal. An inoperable WECS facility shall not be considered a public nuisance, provided that the owner can demonstrate that modernization, rebuilding or repairs are in progress or planned and will be completed within no more than six months.

Inoperable, defined. A commercial wind energy facility shall be deemed inoperable if it has not generated power within the preceding six months.

No interference with aviation facilities. No commercial wind energy facility shall be installed or operated in a manner that causes interference with the operation of any aviation facility.

Compliance with FAA regulations. All wind energy siting shall comply with Federal Aviation Administration (FAA) regulations.

Locking mechanisms to limit radar interference required. All WECS facilities shall include a locking mechanism which prevents the blades from rotating when not producing power, in order to limit airport radar interference or clutter. This provision does not apply while the WECS is "free-wheeling" during startup and shutdown. The Town Board may modify or eliminate the requirement for a locking mechanism if sufficient evidence is presented that no significant airport radar interference or clutter will be caused by the WECS facility.

Before the Town of Tonawanda shall issue a grading or building permit for the WECS facility, the applicant shall submit a stormwater pollution prevention plan (SWPPP) consistent with the requirements of Chapter 73, Stormwater Management, of the Code of the Town of Tonawanda, if applicable. The SWPPP shall meet the performance and design criteria and standards in § 73-9 of the Town Code or most recent standard.

If the proposed project disturbs over one acre, the applicant must comply with the New York State Department of Environmental Conservation SPDES General Permit for Stormwater Discharges from Construction Activity (Permit No. GP-02-01). A copy of the notice of intent (N.O.I.) and stormwater pollution prevention plan (SWPPP) as required by the General Permit must be filed with the Town of Tonawanda prior to construction. Per Permit No. GP-02-01, construction cannot begin until the required time period for NYSDEC review has passed.

During construction, the Town of Tonawanda Code Enforcement Officer can issue a stop-work order at any time for any violations of the permit.

Postconstruction. After construction is complete, the permit holder shall establish a contact person, including name and phone number, for receipt of any complaint concerning any permit requirements. Upon receipt of complaint from the Town of Tonawanda Code Enforcement Officer, the permit holder/contact person shall have seven working days to reply to the Town in writing.

Name, address and telephone number of the applicant. If the applicant is represented by an agent, the application shall include the name, address and telephone number of the agent as well as an original signature of the applicant authorizing the representation.

Name, address and telephone number of the property owner. If the property owner is not the applicant, the application shall include a letter or other written permission signed by the property owner confirming that the property owner is familiar with the proposed applications and authorizing the submission of the application.

Address of each proposed tower site, including Tax Map section, block and lot number.

Site plan.

Decommissioning plan, including a security bond or cash for removal.

To provide a regulatory scheme for the designation of properties suitable for the location, construction and operation of battery energy storage systems.

To ensure compatible land uses in the vicinity of the areas affected by battery energy storage systems.