[HISTORY: Adopted by the Town Board of the Town of Clay 7-14-1997 by Ord. No. 97-03. Amendments noted where applicable.]
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.
There shall be no outside storage or display of accessories or portable signs when gasoline service facilities are not open for business.
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.
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.
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.
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.
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.
Liquids shall be stored in Underwriters' Laboratory approved closed containers not exceeding 60 gallons' capacity, or in tanks located underground.
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.
Accurate daily inventory records shall be maintained on all Class I liquid storage tanks for possible indication of leakage from tanks or piping.
Printed instructions for the operation of pumps, hoses, and dispensers shall be conspicuously posted.
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.
No aboveground tanks shall be allowed for storage of Class I liquids.
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.
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.
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.
Each service station open to the public shall, at all times it is operating, have a duly qualified attendant on duty.
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.
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.
Tanks, pumps and piping.
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.
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.
Gasoline self-service stations.
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.
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.
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.
Class I liquids may be dispensed only by a customer possessing a valid motor vehicle operator's license.
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.
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.
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.
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.
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.
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.
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.
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.
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.