[Added 7-21-1999]
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:
The Town of Elma Planning Board.
The Town of Elma.
The Town of Elma Town Board.
Gasoline, kerosene, propane, diesel fuel and other flammable
and/or explosive liquids or gases.
A.
License. A registration shall be required to engage in the installation,
alteration or repair of aboveground or underground equipment, storage
tanks, piping valves and pumps for gasoline or other volatile materials.
Such registration shall be applied for and the fees shall be as required
in the Peddler's Law of the ordinances of the Town of Elma.[1]
B.
Permits for storage tanks. No tank or other container for the storage
and no pump or other appliance for the distribution of volatile materials
shall be erected, installed and maintained within the Town of Elma
without a permit being obtained from the Town of Elma and the payment
of such license fees as hereinafter provided being made to the Town
Clerk.
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.
A.
Zoning. New aboveground storage tanks shall be allowed only in industrial
zones.
B.
Zoning. New underground storage tanks shall be allowed only in industrial
and commercial zones.
C.
For aboveground storage tanks, a self-contained tank and dike shall
be put about said tanks such that if the entire amount which the tank
is capable of storing were spilled, it would be contained within the
dike.
A.
All applications for a permit for an above- or belowground storage
tank shall be made initially to the Building Inspector's office on
forms provided by that office, and an application fee of $25 shall
be paid in advance to the Town Clerk's office. The application provides
for minimum requirements for installation and Planning Board recommendation.
B.
Within 15 days or by the next meeting of the Planning Board, whichever
is later, the Building Inspector's office shall review and recommend
to the Planning Board whether such tanks should be allowed and under
what conditions to comply with the standards as set forth in this
article, and any other conditions or standards reasonably necessary
for the health, safety and welfare of the citizens and community of
Elma.
C.
Planning Board review.
(1)
By the second meeting after receiving said recommendation from
the Building Inspector's office, the Planning Board will review and
recommend to the Town Board whether or not said tank will meet standards
as provided by this article and under what conditions it would do
so.
D.
The Town Board will vote on such specifications as a special business
use permit within 30 days after receipt of said recommendation from
the Planning Board. NB. At every stage of these proceedings, if information
is requested of the person who seeks the permit, the time from the
point where such information is requested to the time it is provided
shall not be considered as counting against the time within which
the various departments and boards must render a decision.
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.
