[Added 3-14-2016 by Ord. No. 561]
The purpose of this article is to establish
minimum standards for chemical use, storage, and housing as well as
provide for the health, safety, and welfare of the public and surrounding
properties.
These development standards apply to developments
located in I-1, 1-2, C-1, and C-2 Zoning Districts which use and/or
store highly flammable or explosive liquids, solids or gases or any
material listed under Title III of the Superfund Amendments and Reauthorization
Act (SARA). [1]
[1]
Editor’s Note: See 42 U.S.C. § 9601 et seq.
A.
All development which uses and/or stores any chemicals
listed within Title III of the Superfund Amendments and Reauthorization
Act (SARA) shall comply with the SARA requirements and the following
minimum standards. No hazardous waste as defined by 40 CFR 261 shall
be stored on any lot in any zone district. Failure to meet these standards
shall be grounds to deny or revoke the conditional use permit.
B.
Any conditional use permit granted in I-1, I-2, C-1,
and C-2 Zone Districts shall, in addition to the requirements of Article
XXVIII, be subject to the following standards:
(1)
Provide a secure and safe enclosure suitable
for chemical use and storage.
(2)
Facilities must have an adequate emergency operations
plan which is updated annually and available upon request.
(3)
The application shall be provided to the Town
and Fire Department for review and approval.
(4)
The applicant shall comply with all state and
federal requirements.
(5)
The applicant shall permit yearly inspections
by Town staff.
The following items shall be included in all
applications for conditional use permits relating to chemical use
and storage for any materials listed under Title III of the Superfund
Amendments and Reauthorization Act (SARA):[1]
A.
Size of premises on which chemicals will be stored.
B.
SDS forms and reactivity for all chemicals.
C.
Anticipated quantities of chemicals to be stored.
D.
Type of enclosure.
E.
Spill mitigation, for example; berms, earthen or man-made
to contain hazardous materials.
F.
Proof of bond and insurance to mitigate any leaks
or spills.
G.
Emergency operations plan.
H.
Location of any underground containers or facilities.
I.
Any other information related to the chemical storage
as requested by the Planning and Zoning Commission.
J.
The conditional use permit is highly specific; any
additional chemicals require an additional conditional use permit.
[1]
Editor’s Note: See 42 U.S.C. § 9601 et seq.
Any person who violates any provisions of this article is guilty of a misdemeanor and, upon conviction, is subject to the general penalty provisions of Chapter 1, Article W, General Penalty.
