Town of Lewiston, NY
Niagara County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Lewiston 9-8-1958 (Ch. 10 of the 1965 Code). Amendments noted where applicable.]
This chapter shall be applicable to all territory within the Town of Lewiston outside any incorporated village.
No plant, aboveground tank, container or building of any kind or description for the storage of gasoline or other flammable liquid having a flash point at or below 20° F., whether for private consumption or for sale to the public, shall be erected or maintained without a permit being obtained from the Town Board for such purpose, after a public hearing.
No permit shall be granted unless a written application shall be presented to the Town Board setting forth the number, type, size, capacity and construction of each tank, materials to be used for foundation or base, a map showing the size and location of the property, with existing and proposed buildings thereon, ownership and use of adjoining property, with the location of any building thereon, location of tanks, dikes, loading rack, pump house and pipe layout, to the extent that any of the same will be used.
Upon the receipt of any such application the Town Board shall direct a public hearing on said application and shall require the applicant to serve notice on the owners of all adjoining property and to file proof of such service at or before the time of such public hearing showing service at least five days prior to the date of such hearing. The Town Board may also require service of notice upon the owners of adjacent property.
There shall be a permit fee of $25 for each tank containing less than 25,000 gallons and $50 for any tank containing more than 25,000 gallons.
All plans and specifications in connection with the proposed tank or tanks shall be subject to approval of the Town Building Inspector.
A. 
The minimum distance of any part of any tank from any lot line shall be as follows:
(1) 
Up to 1,000 gallons: 10 feet.
(2) 
From 1,000 to 10,000 gallons: 15 feet.
(3) 
Over 10,000 gallons, 20 feet.
B. 
The distance between tanks, in the event that two or more tanks are used, shall be not less than eight feet.
All such tanks shall be constructed throughout of steel or wrought iron of sufficient strength to withstand the pressure to which they may be subjected, with a safety factor of four.
All tanks shall be placed upon reinforced concrete foundations of approved design.
All tanks erected, or maintained above ground shall comply with the following:
A. 
Every tank or group of tanks having a capacity of 25,000 gallons or more shall be completely surrounded by a levee or reinforced concrete retaining wall.
B. 
Every tank or group of tanks having a capacity of 25,000 gallons or more shall be equipped with foam fire-extinguishing equipment or other system approved by the Town Building Inspector.
A. 
This chapter shall not apply to any existing tank now in operation.
B. 
Nothing herein contained shall apply to the keeping or storage of flammable liquids in cans having a capacity of not more than five gallons.
Every violation of this chapter shall constitute a misdemeanor and shall be punishable to the extent prescribed by law. When a violation of this chapter is continuous, each week thereof shall constitute a separate and distinct violation.