Town of Elma, NY
Erie County
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Table of Contents
Table of Contents
[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:
PLANNING BOARD
The Town of Elma Planning Board.
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.
TOWN
The Town of Elma.
TOWN BOARD
The Town of Elma Town Board.
VOLATILE MATERIALS
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]
[1]
Editor's Note: See Ch. 105, Peddling and Soliciting.
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.
(2) 
Planning factors for Board review:
(a) 
Setback/side yard.
(b) 
Residential screening using berm and shrubs.
(c) 
Sufficient curb bumpers.
(d) 
Plot plan location.
(e) 
Additional safety considerations.
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.