Hamburg Town City Zoning Code
ARTICLE LVIII
Bituminous Processing Facilities
[Added 1-23-2023 by L.L. No. 3-2023]
§ 280-413 Declaration of purpose.
This chapter is adopted for the purpose of promoting the health, safety and general welfare of the community, to eliminate industrial uses that may no longer be considered appropriate in the Town, and to adapt to changes in the Town and the region as a whole to ensure that the vital economy of the Town supports the community's goals, the citizen's needs, and the economic needs of the business community, while remaining consistent with the Town's vision for the future.
§ 280-414 Definitions.
As used in this chapter; unless the context requires otherwise, the following terms shall have the following meanings:
A bitumen mixing plant, also called asphalt mixing plant, is road surface paving material production equipment that is used to blend cold aggregate, liquid bitumen, and other admixture to form asphalt mix or blacktop, which is widely used for road construction.
Bitumen production plant, also called bitumen processing plant, is a kind of petrochemical equipment that is used to produce base bitumen through the distillation of crude oil. In this distillation process, gasoline and diesel are removed from the raw oil, with heavier bitumen left behind. The substance, known for its waterproofing and adhesive properties, is widely applicable to construction industry and chemical engineering industry, including road building.
Any individual, firm, corporation, association, society, joint company, partnership, governmental unit and their agents or employees.
§ 280-415 Bituminous plants prohibited.
No Bituminous Mixing Plant or Bituminous Production Plant is permitted within the Town of Hamburg, and the Town, its department heads, agents, or representatives are prohibited from authorizing and issuing a permit for any such Bituminous Mixing Plant or Bituminous Production Plant, at any time.
§ 280-416 Persons liable to penalties.
Any person owning, operating, having charge of or having control of any equipment, who shall cause, permit or participate in violation of this rule and regulation shall be individually and collectively liable for any penalties imposed herein.
Any person violating any of the provisions of this rule and regulation, or making any false, statement or false report in connection therewith, shall be subject to fines and penalties as, provided herein.
§ 280-417 Severability.
If any provision of this rule and regulation, or the application of such provisions, to any person or circumstances shall be held invalid, the validity of the remainder of this rule and regulation and the applicability of such provisions to other persons or circumstances shall not be affected thereby.
§ 280-418 Penalties for offenses.
Any person or persons who shall violate any provision of this code or who shall fail to comply therewith, or with any of the requirements thereof, shall be punishable by a fine not to exceed $50 and imprisonment not to exceed 30 days, or both.
§ 280-419 When effective.
This chapter shall take effect immediately upon filing.