Battery storage land in the Town of Tonawanda, New York

Confirm the Town and the proposed category

This guide concerns the Town of Tonawanda. Confirm the parcel’s actual reviewing authority rather than relying on a Tonawanda mailing address or a nearby city’s rules. Ask the developer to identify the zoning district and the category it proposes to use.

The Town’s posted article distinguishes indoor and outdoor Tier 2 arrangements from Tier 3 projects. Tier 3 has an industrial-district review route and excludes land on the river side of River Road regardless of its zoning. An industrial label alone therefore does not settle whether a particular layout is allowed.

Have the project team explain how the equipment and intended use fit the applicable definitions. A power rating, the word “commercial” or a description of a nearby battery is not enough. Ask which permits and site-plan decisions remain outstanding for this proposal.

If the offer concerns an addition to an existing site, identify what changes. Would the battery rating, operating arrangement or reserved land grow? Ask which existing decisions cover the work and which need another review. Do not assume an earlier solar or building approval covers the new equipment.

The rule is a starting point for a property discussion. It does not establish that a developer wants your land, that your parcel will qualify or that a utility connection is available.

Reference: Town of Tonawanda: Article 28, battery energy storage systems · Town of Tonawanda: posted laws awaiting codification

Draw both access routes before fixing the lease area

For Tier 3, the posted code calls for primary and secondary access from the public right-of-way and says the access right-of-way cannot be a dead-end road. The designer needs to explain how the proposed site meets that requirement with the Town and emergency providers.

Ask for a drawing showing both routes all the way to the public road. Would either cross a tenant’s yard, another parcel or land you plan to keep? Establish who controls each stretch. A route drawn across a neighbor’s property is not an acquired right to use it.

For a working property, mark loading doors, customer entrances, parking and delivery paths on the same drawing. Discuss which must stay open during construction and operation. A second entrance may use the corner you expected to retain for expansion.

Ask whether either route needs a public improvement permit, a new crossing or other permission. Keep those decisions separate from the private driveway easement. The developer should identify who obtains the permissions and what happens if the proposed route is unavailable.

Discuss gate access, snow removal, maintenance and damage repair. Who pays for a shared driveway used by both the project and your business? Who receives notice before planned work, and how would existing users continue entering the property?

For example, a battery behind a warehouse might leave the loading yard clear but require a secondary route along the warehouse’s side. Compare that route with tenant access and future building space before agreeing on the land reserved.

Reference: Town of Tonawanda: Tier 3 layout, access and removal funding

Include neighboring uses in the property review

The Tier 3 provisions address more than the property boundary. They include requirements related to residential uses, petroleum tanks and public parks, as well as screening and a noise study. Ask the designer to identify the actual features that constrain this site.

Request one dated layout showing the equipment, fence, access, screening, utility route and temporary work areas. Ask where each measurement begins and which requirements are being applied. Do not add several numbers from a code into a rough acreage promise.

If your property includes a business, fuel storage or another energy facility, disclose it early. Ask how the existing use affects the layout and whether the battery would restrict future changes. A proposal should explain which activities you can continue in the land you retain.

Have the team identify the connection it is actually pursuing and the current study or agreement. A nearby line or substation does not show the cost or availability of a connection for your property. Keep connection evidence separate from local layout review.

If review changes the entrance, fence or screening area, discuss how the agreement would change with it. Ask which revisions require your consent and whether they affect payment, the reserved area or your remaining use.

Reference: Town of Tonawanda: Tier 3 layout, access and removal funding

Ask who pays if removal costs exceed the security

Tonawanda’s posted Tier 3 rule requires continuing security payable to the Town, based on 125% of the estimated removal value, with revised estimates reflected in the security. It also calls for an acknowledgment of the developer or system owner’s responsibility for costs above the bond.

Ask which company would provide that security and how updates would be documented. Obtain the approved removal plan and explain any proposed exception or change with the appropriate reviewer. A public funding requirement does not tell you what your own agreement covers.

In the private agreement, address equipment removal, damaged surfaces, drainage, access improvements and release of property rights. Which improvements would you want to retain? Ask how completion is determined and who remains responsible if the work or available funds are insufficient.

If the developer plans to sell the project, ask what would be handed over. The posted ownership-change provisions require written assumption of continuing approval and removal obligations and written notice to the Town within 30 days. They also address evidence of the removal plan and bond.

Compare that public handover with the assignment terms in your option or lease. Who would owe your payments after a transfer? Would you receive the new company’s details and records? Ask your adviser to review whether the original party is released and what protection remains.

Reference: Town of Tonawanda: Tier 3 layout, access and removal funding · Town of Tonawanda: ownership changes and continuing obligations

Keep the land agreement’s dates clear

Ask what starts the option period, what is paid while the land is reserved and which events allow an extension. Identify a clear end point if access, local review or connection work cannot be resolved.

Discuss whether construction access starts before lease rent or a purchase closing. Temporary use of the yard can affect your business even before the battery operates. Identify the payment and restoration terms for that period.

Public permit deadlines and your private agreement can run on different clocks. Ask the team to list the decisions and dates it relies on. A public extension should not be assumed to extend your private option automatically.

If you expect to sell, refinance or renew a tenant’s lease, bring that up before signing. Have the actual proposal reviewed against those plans rather than accepting a statement that the battery will occupy only a small area.

Tell us where the property is and what you need to keep

Start with your name, email and phone number, then the Town of Tonawanda property location. Tell Sunland whether you would consider a lease, sale or only part of the property.

Mention an existing business, tenant, shared entrance, fuel storage or planned expansion. If you have a drawing or offer, explain the requested land and routes. Acreage and parcel details can follow later.

An inquiry does not reserve your land or authorize development. A property discussion still needs to establish the actual authority, layout, rights, connection and commercial fit.