Performance standards for hazardous materials.

§ 255-7190. Performance standards for hazardous materials. [Amended 3-25-2025 by Ord. No.

2025-14]

• A. All hazardous materials used, created, stored above or below ground, processed, disposed of by processing, diluting, burying or containment, leaching or any other manner, or transported (including piping) in the Town shall be used, stored or transported in accord with all applicable federal, state, and local regulations, and shall be subject to a use variance granted in accordance with Code § 255-470.

• B. If any hazardous material is used, stored, transported or disposed of at the site, the following standards shall apply:

• • (1) Facilities with a capacity in excess of 1,000 gallons shall be located more than 500 feet from all abutting property lines and more than 100 feet from any building or structure.

• • (2) Facilities with a capacity of 1,000 gallons or less shall be located more than 200 feet from all abutting property lines and more than 100 feet from any building or structure.

• • (3) Any underground storage for a nonresidential, non-farming use shall be by a vaulted tank or tanks.

• • (4) Prior to granting a use variance for such an industrial use, the Commission shall find that the use of the site will not endanger the safety of residential or other properties in the area, that vehicular access to the facility will be provided from major thoroughfares and will not require the use of minor residential access streets for access to the site.

• • (5) An emergency plan shall be prepared by the applicant detailing procedures, techniques, and equipment for firefighting; location, type, and volume of hazardous materials found on-site; evacuation and warning in case of emergency; and shall be submitted to the Building Inspector, and the local Fire Chief, along with site plans and building plans prior to the negotiation of a siting agreement.

• • (6) Siting standards for such facilities shall be complied with as stated in Code § 255-930E.