[HISTORY: Adopted by the Town Board of the Town of Clay 7-14-1997
by Ord. No. 97-03. Amendments noted where applicable.]
A.
All vehicles at gasoline service facilities shall be
stored within a building when the facilities are not open for business. However,
licensed vehicles at gasoline service stations for minor repairs may be left
outside for a period not to exceed 72 hours. At no time shall any unlicensed
or dismantled automobiles, truck, tractor, trailer, or accessories thereof
be outside of a building.
B.
There shall be no outside storage or display of accessories
or portable signs when gasoline service facilities are not open for business.
C.
Rubbish, oil cans, tires, discarded motor vehicle parts
and components and other waste material may be temporarily stored in a completely
fenced-in opaque enclosure adjacent to the gasoline service facility building.
The area of such enclosure shall not exceed 200 square feet. There shall be
no storage at any time of any of the above mentioned items outside of such
enclosures.
D.
No repair work may be performed out of doors. This does
not preclude; however, adding oil to motor vehicles, changing windshield wipers
or other similar minor repairs normally performed in conjunction with the
sale of gasoline.
E.
Snow must be piled on a gasoline service facility site
so that it does not interfere with internal circulation and parking or driver
vision when entering or exiting the facility.
F.
During the hours that a gasoline service facility is
open, all cars of employees, customers and tow trucks must be parked only
in areas designated on the site plan for such vehicles and marked upon the
pavement of the lot by clearly visible boundaries.
G.
All landscaped areas designated on the gasoline service
facility site plan and/or landscaping plan shall be maintained by the owner
and/or operator in a neat and healthy condition.
A.
General provisions.
(1)
Liquids shall be stored in Underwriters' Laboratory
approved closed containers not exceeding 60 gallons' capacity, or in
tanks located underground.
(2)
Class I liquids shall not be stored or handled within
a building having a basement or pit into which flammable vapors may travel,
unless adequate ventilation is supplied.
(3)
Accurate daily inventory records shall be maintained
on all Class I liquid storage tanks for possible indication of leakage from
tanks or piping.
(4)
Printed instructions for the operation of pumps, hoses,
and dispensers shall be conspicuously posted.
(5)
In locations where flammable vapors may be present, precautions
shall be taken to prevent ignition by eliminating or controlling sources of
ignition which may include open flames, smoking, cutting and welding, hot
surfaces, frictional heat, sparks, spontaneous ignition, chemical or physical-chemical
reaction and radiant heat.
(6)
No aboveground tanks shall be allowed for storage of
Class I liquids.
(7)
No gasoline may be sold or dispensed into glass or plastic
containers. Said product sales shall be made into containers clearly marked
with the name of the product contained therein, and equipped with a closure
fitted with a screw or spring cover, and a spout so designed that the contents
can be poured.
(8)
A clearly identified and easily accessible switch or
circuit breaker shall be provided at a location remote from dispensing devices,
including remote pumping systems, to shut off the power to all dispensing
devices in the event of an emergency.
(9)
There shall be no smoking on the driveway of the service
stations in the areas used for fueling motor vehicles dispensing flammable
anti-freeze or the receipt of products by tank vehicle, or in those portions
of the building used for servicing automobiles, tractors, or internal combustion
engines. At least two conspicuous signs provided by the Town of Clay Fire
Prevention Board prohibiting smoking shall be posted within sight of the customer.
The motors of all vehicles being fueled shall be shut off during the fueling
operation.
B.
Attendant.
(1)
Each service station open to the public shall, at all
times it is operating, have a duly qualified attendant on duty.
(2)
Said attendant shall, by means of a course of instruction,
be well-versed in the proper handling and care of all petroleum dispensing
equipment on the premises and with all necessary aspects of the emergency
operation, and shall be so certified to the Town of Clay Fire Prevention Board.
(3)
It shall be the specific duty of the attendant to directly
supervise, observe and control the dispensing of Class I liquids. In addition,
he shall be responsible for the control of sources of ignition and the immediate
handling of accidental spills and fire extinguishers.
C.
Tanks, pumps and piping.
(1)
Tanks, pumps and piping shall in general be designed
and equipped so as to comply with all principles of sound engineering design.
They shall be able to withstand all necessary pressures, and to adequately
control the escape of liquids and vapors. All equipment on premises shall
be constructed and equipped so as to ensure the safe and proper dispensation
of Class I liquids and shall be subject to inspection for strength and tightness
and shall comply with applicable requirements of the Town of Clay Fire Prevention
Board.
(2)
Class I liquids shall be conveyed from a main storage
tank to the dispensing pump by means of a system of piping utilizing an arrangement
of three swing joints laid in a horizontal position.
D.
Gasoline self-service stations.
(1)
Each gasoline self-service station shall have a duly
qualified attendant on duty whenever the station is open for business. It
shall be the responsibility of the qualified attendant to control and operate
remote pumping equipment. Class I liquids shall at no time be dispensed without
the direct supervision of the qualified attendant.
(2)
A control shall be provided that will permit the pump
to operate only when a dispensing nozzle is removed from its bracket on the
dispensing unit and the switch for this dispensing unit is manually activated.
This control shall also stop the pump when all nozzles have been returned
to their brackets.
(3)
Each gasoline self-service station shall have the remote
dispensing equipment situated in such a manner as to give the qualified attendant
controlling said equipment an optimum view of the dispensing of Class I liquids.
(4)
Class I liquids may be dispensed only by a customer possessing
a valid motor vehicle operator's license.
(5)
Gasoline self-service stations shall provide adequate
fire protection systems in the form of an approved system of dry powder release,
which will act as an automatic fire extinguisher.
A.
In the event that there is a cessation of gasoline service
or related business activity at any gasoline service facility, the Commissioner
of Planning and Development is hereby empowered and directed to cause a written
notice to be sent by registered mail, return receipt requested, to the owner,
operator and the motor fuel supplier of said facility enclosing a certified
copy of the provisions of this subsection and advising said parties that the
facility will be deemed "abandoned," for purposes of this chapter, at the
expiration of six months from the date of said notice unless the gasoline
service or related business activity is resumed prior thereto.
B.
In the event a gasoline service facility is determined
to be abandoned as provided above, the owner, lessee and motor fuel supplier
of said gasoline service facility will be responsible for immediately removing
the tanks, gasoline pumps, all identification signs and lighting poles and
for painting the exterior, if other than brick, a neutral color. In lieu of
removing the tanks, said responsible parties shall remove the Class I liquids
therefrom and fill all tanks with water for a three-month period only, and
thereafter with a solid material. They shall also provide adequate protection
against unlawful entry into the buildings and on the property, and shall close
all vehicular entrances to the property to prevent the storage of abandoned
vehicles thereon.
C.
After the determination of abandonment of a gasoline
service facility, as provided herein, the said owner and/or lessee shall have
an additional six-month period, or a total period of one year from the date
of the original written notice, within which to petition for alternate commercial
use. If the owner and/or lessee has not petitioned for said alternate commercial
use within the prescribed one-year period to obtain zoning change or permit
for some other commercial use, then the Town Board may require the owner and/or
lessee to remove all buildings and structures pertaining to retail sales of
automotive fuels from the site and to level, grade, landscape, seed and maintain
the subject property at the owner's and/or lessee's expense.
D.
In the event of failure to comply with any of the aforementioned
within 30 days after the issuance of a written direction to do so by the Commissioner
of Planning and Development, the town may take such steps as are deemed necessary
to enforce these conditions, and any actual and necessary expenses incurred
therewith shall be the responsibility and obligation of the owner.
E.
The Commissioner of Planning and Development shall be
empowered to extend the above-noted time limits for abandoned gasoline service
facilities upon the owner and/or lessee showing sufficient causes therefor.
A.
Permit applications for gasoline service facilities and
for accessory uses shall be referred to the Planning Board for a determination
of compliance with all necessary operation standards. Site, landscaping and
building plans shall be approved by the Planning Board and referred to the
Fire Prevention Board with respect to fire safety, and inspection of equipment
and appropriate tests shall be run prior to tank installation and again prior
to building completion.
B.
At the time of inspection, photographs locating tanks
and piping shall be taken to be filed with the Department of Planning and
Development for emergency reference.
C.
An initial installation fee as provided in Chapter 105, Fees, shall be charged per gasoline service facility. Every gasoline service facility shall be inspected annually by the Town of Clay Fire Prevention Board personnel and an annual fee as provided in Chapter 105, Fees, shall be charged for said yearly fire inspections and/or for the replacement of tanks.[1]
