Town of North Hempstead, NY
Nassau County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the North Hempstead Town Board 10-5-1948; amended in its entirety 1-23-1962. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Explosives — See Ch. 19.
Fire prevention — See Ch. 22.
This ordinance shall be applicable to all territory within the Town of North Hempstead outside of incorporated villages.
[Amended 9-23-1969]
It shall be unlawful for any person, firm or corporation to install, place, erect, replace or maintain any plant, tank, container or building of any kind or description for the storage of gasoline, petroleum, shale oil, or the liquid products thereof, or coal tar, or of other inflammable liquids, whether for private consumption or for sale to the public, without first making application for and obtaining a permit from the Town Clerk as hereinafter provided.
A permit shall be issued by the Town Clerk only when approved by the Town Board after a public hearing and an application for such permit has been presented to said Board.
A written application by the owner of the fee or a contract purchaser with written consent of the owner shall be presented to the Town Board setting forth the following details:
A. 
Number of tanks.
B. 
Type of each tank.
C. 
Size of each tank.
D. 
Capacity of each tank.
E. 
Construction of each tank.
F. 
Materials to be used for foundation or base.
G. 
What is to be stored in each tank.
H. 
Description of fire extinguishing system to be installed.
I. 
Construction, height and width of dike surrounding each tank or group of tanks.
J. 
Location of loading rack.
K. 
Construction of layout, including valves for feed and discharge lines.
L. 
Construction and location of pump house.
M. 
Map showing the size and location of the property, the ownership and the use of adjoining property, with the location of any building thereon, the size and location of tanks and dikes, the location of the loading rack and pump house, the layout of pipes and the topographical contour of the land.
A. 
The Town Board shall fix a date for a public hearing on the above application, and the Town Clerk shall have a notice of such hearing, setting forth the date, time and place thereof and the description of the property covered by the application, published in a newspaper designated by the Town Board at least ten (10) days before and not more than twenty (20) days prior to the date of the public hearing. In addition to the notice published by the Town Clerk, the applicant shall, on forms provided by the Town Board, serve notice of public hearing on said application on all owners of real property as appears from the latest completed assessment rolls of the County of Nassau within two hundred (200) feet, either personally or by registered or certified mail. Said notices shall be served within ten (10) days of date of public hearing as determined by the Town Board, and the applicant shall, at least five (5) days prior to the date of the hearing, file with the Town Board proof of service of such notices.
[Amended 9-26-1978 by L.L. No. 3, 1978]
B. 
The Town Board may take testimony, affidavits or other evidence pertaining to matters set forth in the application and, in addition thereto but not limited to, fire hazards, traffic, effect on the value of adjacent properties and proximity of residences, schools, churches or other businesses storing flammable liquids or materials. The Board in making its determination may pass on any of the foregoing matters and upon any information known to the members and may impose any reasonable conditions upon the issuance of the permit.
[Amended 9-23-1969; 10-2-1979 by L.L. No. 10, 1979]
An application under this ordinance shall be accompanied by a filing fee of fifty dollars ($50.) which is not returnable. In addition, there shall be a permit fee of fifty dollars ($50.) for each tank containing less than twenty-five thousand (25,000) gallons for private consumption. The permit fee for the installation of tanks in connection with the operation of a public garage or gasoline service station for the sale of gasoline to the public shall be three hundred fifty dollars ($350.). The permit fee for bulk storage of flammable materials shall be computed at the rate of two hundred dollars ($200.) for the first one hundred thousand (100,000) gallons and seventy-five dollars ($75.) for each additional one hundred thousand (100,000) gallons or fraction thereof.
All plans and specifications in connection with the proposed tank or tanks shall be subject to the approval of the Building Department.
No tank shall be erected to contain more than five hundred thousand (500,000) gallons.
The minimum distance of any part of any tank from a neighboring building or lot line or from another tank of the group shall be as indicated for the corresponding capacities, as follows:
Capacity
(gallons)
Minimum Distance
(feet)
Up to 20,000
3
20,000 to 40,000
4
40,000 to 60,000
6
60,000 to 80,000
8
80,000 to 100,000
10
Above 100,000
1/2 diameter of tank
The design and construction of tanks shall conform generally to accepted good practice. Tanks approved by the Underwriters' Laboratories, Inc., and tanks conforming to the standards of the National Board of Fire Underwriters or of the American Petroleum Institute shall be deemed to conform to generally accepted good practice.
[Amended 10-2-1979 by L.L. No. 10, 1979]
Outside aboveground tanks shall rest directly on the ground or on foundations or supports of concrete, masonry, piling or steel. Exposed piling or steel supports shall be protected by fire-resistant materials to provide a fire-resistant rating of not less than two (2) hours.
No tank shall, after the construction thereof, by put into use until an inspection shall have been made by the Building Department and the conditions of such construction found satisfactory.
A. 
Any permit issued pursuant to this ordinance is issued with the understanding that construction shall start within ninety (90) days of the date of the permit and shall be completed within twelve (12) months of the date of the permit, except that where a permit is issued in connection with the construction of a building or buildings such permit shall remain in full force and effect during the period when such building permit is valid pursuant to the provisions of the Building Code of the Town of North Hempstead. Any permit so issued shall be subject to revocation unless this provision is complied with.
B. 
Renewals. There shall be no renewals of permits or extension of the time as limited by the provisions of this section of the ordinance.
No permit for a storage plant shall be issued for any building or enclosure:
A. 
Which is occupied as a tenement house, hotel or lodging house.
B. 
Where paints, varnishes or lacquers are manufactured or kept for sale.
C. 
Where dry goods or other highly inflammable materials are manufactured or kept for sale.
D. 
Where rosin, turpentine, hemp or cotton or any explosives are stored or kept for sale.
E. 
Which is situated within two hundred (200) feet of the nearest wall of a building occupied as a school, hospital, church, public library, theater or other place of public amusement or assembly.
All tanks erected or maintained aboveground shall comply with the following regulations:
A. 
Levee or concrete retaining wall. Every tank or group of tanks having a capacity of twenty-five thousand (25,000) gallons or over shall be completely surrounded by a levee or reinforced concrete retaining wall.
B. 
Where a levee is used, it shall be made of clay core, cinder fill and suitable earthwork, free from stones and vegetable matter, shall be firmly and compactly built, to be continuous, with no openings of any kind for pipes or roadways and shall have a flat section on top not less than three (3) feet in width, and a height of not less than three (3) feet and not more than six (6) feet, and shall have slopes on both sides of not less than one and one-half to one (1 1/2:1). The enclosure within said levee shall have a cubic capacity equal to the largest tank plus ten percent (10%) of the remainder of the tanks surrounded.
C. 
Where a reinforced concrete retaining wall is used, said wall shall be of a design to be approved by the Building Department and the enclosure within said wall shall have a cubic capacity equal to that required where a levee is used as set forth in the preceding subsection.
D. 
Fire-extinguishing appliances. Every tank or group of tanks having a capacity of twenty-five thousand (25,000) gallons or more shall be equipped with foam fire-extinguishing equipment or other system approved by the Building Department. Each tank shall be fitted with a permanent pipe connection to which the central or movable tank generator may be attached.
E. 
Vents. An open vent pipe of design and construction approved by the Building Department shall be provided for each tank.
F. 
Pipes. All tanks of a storage system shall be so connected with each other by a system of pipes that the contents of each tank or container can be transferred to any other tank or container at will. All pipings shall be aboveground and shall be equipped with valves or other safety devices of a design construction approved by the Building Department.
G. 
Horizontal tanks. All tanks having a storage capacity of twenty thousand (20,000) gallons or less shall be horizontal tanks and shall be placed upon steel or concrete bases designed to carry the load.
H. 
Lighting. No system of artificial light other than vapor-proof, incandescent electric light shall be installed in any portion of a premises used for the storage of inflammable liquids.
I. 
Painting. No tank shall be painted within four (4) months after its erection, at which time each tank shall be scratch-brushed to remove the scale and painted with rust-resisting material.
[1]
Editor's Note: former § 29-16, Buried tanks, was repealed 10-2-1979 by L.L. No. 10, 1979.
This ordinance shall not apply to any existing tank now in operation, except that all existing tanks shall be required to conform to the provisions of § 29-15D relating to the equipment and installation of fire-fighting apparatus. Nothing herein contained, however, shall require the installation of permanent pipe connections within an existing tank or tanks. Nothing herein contained shall apply to the keeping or storage of inflammable liquids in five-gallon tin cans. Nothing herein contained shall be construed to apply to the installation of tank or tanks for the storage of fuel oil to be used for the heating of a premises upon or in which said installation is made, or to be in conflict with the provisions of Article III of the Building Code[1] of the Town of North Hempstead providing for the issuance of permits by the Chief Building Inspector in connection with the installation of off-burning equipment and the construction of storage tanks not in excess of twelve thousand (12,000) gallons.
[1]
Editor's Note: See Ch. 7, Building Code.
The provisions of §§ 29-8, 29-9 and 29-15A, B, C and D shall not apply in connection with the storage of the liquids mentioned in § 29-2 hereof which have a flash point above two hundred degrees Fahrenheit (200º F.). In such cases, however, the applicant shall be required to give all information required under this ordinance and have the approval of the Nassau County Fire Commission for the installation and shall submit proof by affidavit that said building, tank or container will not at any time be used for the storage of liquids having a flash point below two hundred degrees Fahrenheit (200º F.).
[Added 4-27-1976 by L.L. No. 1, 1976; amended 9-12-1989 by L.L. No. 6, 1989]
The installation and use of coin- or credit-card-operated, self-service or customer-operated dispensing pumps is governed by the provisions of § 70-203O.
[1]
Editor's Note: This local law also repealed former § 29-17, Penalty for violation, and provided for the renumbering of former §§ 29-18 and 29-19 to become §§ 29-17 and 29-18 and former § 29-20 to become § 29-21.
[Added 4-27-1976 by L.L. No. 1, 1976]
Every violation of this chapter shall constitute a violation and shall be punishable by a fine not exceeding two hundred fifty dollars ($250.) or imprisonment for a period not to exceed fifteen (15) days, or both. Each day's continued violation of this chapter shall be deemed to constitute a separate and/or additional violation.
All ordinances or regulations heretofore adopted in conflict with this ordinance are hereby repealed.