The Town Board, in order to balance the necessity to protect
the environment with the necessity to provide for the safe storage
of volatile materials, both of which affect the health, safety and
quality of life of the Town of Elma and its residents, hereby enacts
the following article for the storage of volatile materials. Such
requirements are in addition to all federal, state and county requirements
in effect now or in the future.
As used in this article, the following terms shall have the
meanings indicated:
STORAGE TANKS
A.
Any tank used for other than farm use or heating oil.
B.
Any tank which is used for a public gasoline or a public service
station is not included within this article, and all such tanks must
be buried underground.
VOLATILE MATERIALS
Gasoline, kerosene, propane, diesel fuel and other flammable
and/or explosive liquids or gases.
In addition to all federal, state, county and such additional
standards as the Town Board of Elma may set in an individual case,
the following standards must also be met:
A. No permit shall be issued for the placing or replacing of tanks or
containers for the storage or dispensing of volatile materials within
the bounds of a public highway or upon the surface thereof nor to
permit arrangements for drawing therefrom from the curbline of said
street.
B. No tank for the storage or dispensing of the above-named volatile
material shall be located under or on a sidewalk or under or upon
or beyond a building line.
C. All storage tanks whether above or below ground shall have a fifty-foot
side setback, a fifty-foot rear setback and a fifty-foot front setback.
The front setback shall be from the edge of the right-of-way of any
public road. In addition, all storage tanks shall be set back at least
50 feet from a main building on any side. No major repair work connected
with the operation of a public garage or automobile repair shop shall
be carried on outside the building, and no part of any such building
shall be used for residences or sleeping quarters. Commercial storage
of gasoline and other petroleum fuel for use other than by the owner
of the property or business located on the site is prohibited except
for public service stations.
D. Volatile materials, except as provided in the section below, shall
be stored in quantities not to exceed 12,000 gallons; tank trucks
containing volatile materials may be parked on premises only when
attended by the driver. A tank trailer containing volatile material
shall not be disengaged from a tractor on the premises. Any transfer
of volatile materials from one underground tank to another shall be
by an underground piping buried at least 18 inches below grade.
E. Propane (LP gas) must be stored above ground in tanks or containers
meeting the standards contained in federal, state and county laws,
rules and regulations.
F. No tanks shall be built in an area where waterways, floodplains or
wetlands may affect the tank or where a leak or spill from the tank
may affect the waterway, wetland or floodplain area.
G. Aesthetics. Insofar as is reasonably possible, all tanks shall be screened from both the road and from neighboring properties, under the procedures as directed under §
144-153 of this article.
H. All tanks shall be adequately guarded and have such safeguards as
will prevent spills from said tanks being vandalized. Such protection
may consist of fences, walls or other adequate protective devices.
In addition, all aboveground tanks and dikes shall be self-contained,
as a single unit.
Any persons violating any provision of this article shall be
liable for a fine not to exceed $250 for each violation and a sentence
of incarceration of no more than 15 days for each violation, or both.
When a violation exists, then each day the violation exists shall
be considered a separate violation.
The following are exceptions to the provisions of this article:
A. There is an exception for emergency services vehicles as listed in
the Town of Elma Disaster Preparation Book as set forth in this subsection
of up to 2,500 gallons which they may have as an exception to this
article. The permit fee, however, is waived.
B. Farmers who may store up to 1,100 gallons above ground.
C. The provisions hereof shall not apply to installations "grandfathered"
(in operation prior to the effective date hereof), except that the
provisions of this article shall apply to all replacement of tanks
and equipment and all additional tanks installed on premises where
tanks currently exist.
D. Home heating oil in residential areas.
Such article shall be effective immediately after passage by
the Town Board, and each applicant shall have 180 days thereafter
to comply.