[HISTORY: Adopted Orangetown Town Board 4-9-1974 by Local Law No. 1, 1974. Amendments noted where applicable.]
Be it enacted by the Town Board of the Town of Orangetown as follows:
The Town Board of the Town of Orangetown finds as follows:
There presently exists within the Town of Orangetown, as well as within the State of New York and the United States generally, an emergency in the availability of gasoline for use as a fuel for motor vehicles, characterized by instability in prices and great fluctuations in the availability of supplies of gasoline.
As a result, there has been interference with the orderly flow of traffic on and over the various highways within the Town of Orangetown, particularly in the vicinity of gasoline service and filling stations, and the official agencies and departments of the Town of Orangetown have been and are likely to be burdened disproportionately as a result of the said gasoline emergency.
As a result of the gasoline emergency, a number of the existing gasoline service and filling stations within the Town of Orangetown have been adversely economically affected because of the unavailability to them of gasoline which is their main stock-in-trade. This results in an inability to sell a sufficient volume to continue in business on a profitable basis. The present unstable situation appears likely to continue for a considerable time to come and at least for the balance of the current year of 1974.
A number of gasoline service and filling stations within the Town of Orangetown are presently closed, others have heretofore closed, and others appear likely to close; with the result that the sites on which they stand are or may become unsightly and the buildings thereon deteriorated or the subject of make-shift conversions to other uses for which they were not originally designed.
Due to the need for the installation of underground tanks in connection with the construction of gasoline service and filling stations, when such use is discontinued or abandoned such tanks remain permanently implanted causing potential fire hazards and other detrimental impact.
The Town Board, therefore, finds that a need exists to protect the public health and welfare by the imposition of a moratorium on the issuance of permits for the construction of gasoline service and filling stations.
After the effective date of this local law, any and all officers and agencies of the Town of Orangetown having any jurisdiction over building construction, land development and land subdivision shall grant no permits for the construction of gasoline service and filling stations, nor for the development of land within the Town of Orangetown for the purpose of gasoline service and filling stations, nor for subdivisions any part of which are designated for use as a gasoline service or filling station, nor for the enlargement of any existing gasoline service and filling station use. The within prohibition shall not apply to the replacement, maintenance or repair of existing facilities, nor to ancillary uses such as automobile repair and service other than the storage and supply of gasoline and the facilities used in connection therewith.
This local law shall not be construed to prohibit any necessary additions, alterations or modifications required by any applicable federal or state law, rule or regulation now in effect or hereafter promulgated or enacted.
All existing building permits, special permits and subdivision applications which have received preliminary approval prior to the effective date of this local law shall continue in full force and effect during the existence of this moratorium.
The moratorium imposed by this local law shall continue in effect from the date it becomes effective until 12:00 midnight, December 31, 1974.
Upon application duly made within one year after the termination of the moratorium established by this local law and any succeeding moratoriums which may be imposed thereafter, the owners or leasees of any lands within the Town of Orangetown previously lawfully occupied as gasoline service and filling stations, which use has terminated by operation of law heretofore or during the term of the moratorium, shall be afforded priority in the issuance of permits under and pursuant to the applicable provisions of the Code of the Town of Orangetown for the installation and maintenance of gasoline service and filling stations on such lands owned or leased by them. This section shall not be construed to constitute any waiver or modification of the requirements of any other provision of this Code.
If any part or provision of this local law or the application thereof to any person or circumstance is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision or application directly involved in the controversy in which such judgment shall have been rendered and shall not affect or impair the validity of the remainder of this law or the application thereof to other persons or circumstances. The Town Board hereby declares that it would have enacted the remainder of the law even without such part, provision or application.
This local law shall take effect immediately.