[Added 1-23-2023 by L.L. No. 3-2023]
This chapter is adopted for the purpose of promoting the health,
safety and general welfare of the community, to eliminate industrial
uses that may no longer be considered appropriate in the Town, and
to adapt to changes in the Town and the region as a whole to ensure
that the vital economy of the Town supports the community's goals,
the citizen's needs, and the economic needs of the business community,
while remaining consistent with the Town's vision for the future.
As used in this chapter; unless the context requires otherwise,
the following terms shall have the following meanings:
A bitumen mixing plant, also called asphalt mixing plant,
is road surface paving material production equipment that is used
to blend cold aggregate, liquid bitumen, and other admixture to form
asphalt mix or blacktop, which is widely used for road construction.
Bitumen production plant, also called bitumen processing
plant, is a kind of petrochemical equipment that is used to produce
base bitumen through the distillation of crude oil. In this distillation
process, gasoline and diesel are removed from the raw oil, with heavier
bitumen left behind. The substance, known for its waterproofing and
adhesive properties, is widely applicable to construction industry
and chemical engineering industry, including road building.
Any individual, firm, corporation, association, society,
joint company, partnership, governmental unit and their agents or
employees.
No Bituminous Mixing Plant or Bituminous Production Plant is
permitted within the Town of Hamburg, and the Town, its department
heads, agents, or representatives are prohibited from authorizing
and issuing a permit for any such Bituminous Mixing Plant or Bituminous
Production Plant, at any time.
A.
Any person owning, operating, having charge of or having control
of any equipment, who shall cause, permit or participate in violation
of this rule and regulation shall be individually and collectively
liable for any penalties imposed herein.
B.
Any person violating any of the provisions of this rule and regulation,
or making any false, statement or false report in connection therewith,
shall be subject to fines and penalties as, provided herein.
If any provision of this rule and regulation, or the application
of such provisions, to any person or circumstances shall be held invalid,
the validity of the remainder of this rule and regulation and the
applicability of such provisions to other persons or circumstances
shall not be affected thereby.
Any person or persons who shall violate any provision of this
code or who shall fail to comply therewith, or with any of the requirements
thereof, shall be punishable by a fine not to exceed $50 and imprisonment
not to exceed 30 days, or both.
This chapter shall take effect immediately upon filing.
