City of Newburgh, NY
Orange County
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Table of Contents
Table of Contents
[Adopted 11-13-1967 (Ch. 18, Art. IV, of the Code of Ordinances)]
The location of all tanks and containers for the storage of gasoline, kerosene or other oils now within the bounds of the public streets and public places of the City and beneath the surface thereof, together with the curb pumps for drawing therefrom, are hereby approved.
[Amended 12-27-1979]
No tanks and containers for the storage of gasoline, kerosene or other oils within the bounds of the public streets and public places of the City and beneath the surface thereof and no pumps or other installation for drawing therefrom upon the curbline or other portion of such public streets and public places shall be installed without the consent of the Council, in compliance with the requirements hereinafter set forth.
[Amended 12-27-1979]
A. 
No consent to the installation provided for in § 263-23 shall be granted by the Council without the submission of a plan to the Council by the applicant showing the manner in which the tanks and pumps are to be constructed and installed. The applicant must secure the prior approval of such plans by the Fire Department as to their compliance with all fire and life safety codes and regulations of the City; prior approval of the Building Inspector or City Engineer as to construction; and prior approval as to location from any and all utilities having existing easements, lines, wires or mains in the area proposed for installation of said tanks.
B. 
The Council, in considering the application, shall also consider the effect of the installation on vehicular and pedestrian traffic conditions, the proximity of the installation to sewer and water lines and the effect of such installation on the public health, safety and general welfare. The Council may require reports from the City Engineer, Plumbing Inspector, Building Inspector, Fire Department and Police Department to assist in making its decision.
C. 
Prior to making any decision on the application, the Council shall hold a public hearing on the application. Notice of such public hearing shall be given by publication in the official newspaper of the City one time at least five days prior to the date set for said public hearing and by a written notice by certified mail, return receipt requested, at least five days before the date set for said public hearing to the owners of all real property fronting on the same street and within 100 feet on either side of the premises or within 100 feet on either side of any real property owned by the same person owning the premises upon which such installation is requested. The owner of neighboring property shall be deemed to be the person named as owner on the assessment rolls of the City.
All applications for consents to installations provided for herein shall be made directly to the Council which, in its discretion, may direct the City Clerk to issue a license therefor upon compliance with the provisions hereof.
[Amended 6-13-1988 by L.L. No. 4-1988]
An annual license as set forth in Chapter 163, Fees, of this Code will be required to be paid to the City Clerk. This license fee shall be for the calendar year and shall be ratably reduced for any period less than a year.