Township of Evesham, NJ
Burlington County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee (now Township Council) of the Township of Evesham as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Violations and penalties — See Ch. 1, Art. I.
Fees — See Ch. 72.
Fire prevention — See Ch. 75.
Inoperable vehicles — See Ch. 153.
Zoning — See Ch. 160.
[Adopted 5-2-1967 by Ord. No. 5-67]

§ 86-1 Definitions.

As used in this article, the following terms shall have the meanings indicated:
GASOLINE SERVICE STATION
Any building, lot, establishment or place supplying, selling, distributing or dispensing motor vehicle fuel, gasoline, kerosene or other combustible materials from a pump, pumps, units or other devices directly to motor vehicles or supplying, selling, distributing or dispensing oil, lubricants, antifreeze, grease or other vehicle accessories and items, which establishments are commonly known as "motor vehicle gasoline service stations" or "garages."
PERSON or PERSONS
Any individual, partnership, company, corporation or association of any kind.

§ 86-2 License required.

[Amended 11-1-1977 by Ord. No. 40-11-77]
No person shall build, install, establish, place, erect, maintain, utilize or operate any gasoline service station within the Township of Evesham without first obtaining a license therefor from the Director of the Department of Inspections or such other duly designated Township official as may from time to time be designated by the Township Council by resolution or ordinance. Any person who operates more than one gasoline service station within the Township shall be required to have a separate license for each station or place of business.

§ 86-3 Application procedure and requirements.

[Amended 11-1-1977 by Ord. No. 40-11-77]
A. 
Application for the license required in § 86-2 above shall be made in writing to the Director of the Department of Inspections or other duly designated Township official.
B. 
The application shall set forth the name and address of the applicant and a description of the premises and be accompanied by a sketch showing:
(1) 
The location of all pumps, tanks or units for dispensing or storing gasoline or petroleum products, above and below ground.
(2) 
The areas and means of ingress and egress to and from the gasoline service station.
C. 
The application shall be signed by the individual operator, if a proprietorship, by all partners, if a partnership; and by the president or general manager, if a corporation, company or association, and attested by its secretary.
D. 
Each application shall be accompanied by the inspection fee as hereinafter prescribed, and the Director of the Department of Inspections or other duly designated Township official shall accept the license application and collect the inspection fees. Upon receipt of the application and fee, the Director of the Department of Inspections or other duly designated Township official shall immediately forward the same to the Township Council for its consideration and review at the next regular Township meeting, and simultaneously therewith shall notify the Building Inspector and Township Fire Chief thereof so a proper inspection and report can be made by them.

§ 86-4 Application investigation and approval; issuance of license; renewal.

A. 
Upon receipt of an application, the Director of the Department of Inspections or other duly designated Township official shall refer a copy thereof to the Township Building Inspector, who, with the Chief of the Fire Department, shall review the same, investigate the premises and submit a report of their findings to the Township Council, which reports shall indicate whether said gasoline service station complies with the terms and conditions of this chapter and whether said station is safe from fire or fire hazards and is not injurious to the public health, safety and welfare.
[Amended 11-1-1977 by Ord. No. 40-11-77]
B. 
The Township Council, upon receipt of the report from the Building Inspector and Chief of the Fire Department, shall review the same and, if the application and premises comply with the terms of this chapter, approve the application and direct the Director of the Department of Inspections or other duly designated Township official to issue the license in the form prescribed by the said Township.
[Amended 11-1-1977 by Ord. No. 40-11-77]
C. 
It shall be unlawful for any person to operate a gasoline service station within the Township without first obtaining a license therefor.
D. 
All renewals of said licenses shall be authorized by the Director of the Department of Inspections, and not the Township Council, upon the favorable report of the Chief of the Fire Department and upon the recommendation of the Township Manager, and said reports and recommendations shall comply with the above provisions of this section.
[Added 8-5-1975 by Ord. No. 29-7-75; amended 11-1-1977 by Ord. No. 40-11-77]

§ 86-5 Inspection fee; license expiration; transfers; posting of license.

A. 
The gasoline service station inspection fee shall be as set forth in Chapter 72, Fees, of this Code, which shall be deposited with the Director of the Department of Inspections or other duly designated Township official, with the proper application, and shall be used by the Township to defray the cost of investigation, inspection and enforcement of this chapter.
[Amended 11-1-1977 by Ord. No. 40-11-77]
B. 
The license shall be valid from one year from the date of issuance and shall be renewable at the end of one year or 365 days from the date of issuance, upon payment of the annual inspection fee and submission of satisfactory proof of compliance with all the provisions of this chapter.
[Amended 11-1-1977 by Ord. No. 40-11-77]
C. 
No license issued under this chapter shall be assigned or transferred to any other person or gasoline service station and there must be a valid license issued for each such gasoline service station within the Township regardless of the ownership or management of the same.
D. 
Each licensee shall plainly display the gasoline service station license on the premises.

§ 86-6 Restrictions and regulations.

A. 
Location of storage tanks. All gasoline service stations built or to be built, erected or constructed within the Township of Evesham shall have underground gasoline or petroleum storage tanks, and such tanks shall be located within the immediate property lines of the premises or station and shall be placed at a safe distance from any building located on the premises and at a safe depth. No storage tank shall be installed, connected and covered until the Building Inspector and the Chief of the Fire Department have inspected the same and approved the location, construction and depth.[1]
[1]
Editor's Note: For additional provisions pertaining to underground storage tanks, see Ch. 75, Fire Prevention, and the fire prevention code adopted therein. Original Subsection (b)(1), which immediately preceded this subsection, was renumbered as Subsection D of § 86-5 during codification.
B. 
All operations shall be confined wholly to the licensed premises.
(1) 
For the purpose of this subsection, operations of the licensee shall be construed to include not only the sale or dispensing of gas, oil, fuels or other accessories or services customarily dispensed or furnished by the licensee, but also shall include and extend to those vehicles unaccompanied by a licensed driver which are waiting to receive any service from said licensee and to the vehicles which have received such services from the licensee but have not yet been returned to the custody of the customer.
(2) 
Nothing contained in this subsection shall be construed to prohibit or make unlawful the rendering of road service by the licensee to vehicles which, because of a mechanical breakdown or the condition of said vehicle, renders said vehicles unfit for self-propulsion.
C. 
All gasoline service stations shall have rest rooms and other toilet facilities, and such rest rooms and facilities shall be kept in a clean, working and sanitary condition and subject to such other regulations as may be established by the Board of Health.
D. 
The building and premises on which such business is conducted shall be kept clean, and no refuse shall be permitted to accumulate therein or thereon.[2]
[2]
Editor's Note: This subsection was originally adopted as part of Ord. No. 4-67, adopted 3-21-1967 as an amendment to Section 701 of the Zoning Ordinance (Ord. No. 10-60, adopted 12-28-1960, codified at Ch. 160, Zoning, Art. IX), which Zoning Ordinance was subsequently replaced 7-18-2000 by Ord. No. 6-3-2000, and was incorporated into this chapter during codification.
E. 
[3]No major repair work on vehicles shall be done on the premises except those items listed herein:
(1) 
Lubrication and changing of oil.
(2) 
The repair of tires and tubes.
(3) 
The recharging and rental of batteries.
(4) 
Such incidental work as may be necessary in connection with the installation, mounting or adjustment of minor automotive accessories or in connection with the testing and adjustment of the fuel and electrical systems of motor vehicles.
(5) 
The adjustment and/or replacement of brakes and/or mufflers.
[3]
Editor's Note: This subsection was originally adopted as part of Ord. No. 4-67, adopted 3-21-1967 as an amendment to Section 701 of the Zoning Ordinance (Ord. No. 10-60, adopted 12-28-1960, codified at Ch. 160, Zoning, Art. IX), which Zoning Ordinance was subsequently replaced 7-18-2000 by Ord. No. 6-3-2000, and was incorporated into this chapter during codification.
F. 
All repair work shall be done within the confines of the building or garage, except that there shall be no body or fender work or paint spraying done on the premises at any time.
G. 
No merchandise shall be displayed or kept for sale outside the building except in a vending area approved by the Building Inspector, which area shall contain no more than four such vending machines, and except for petroleum products above and below ground, and minor automotive accessories or related products connected with or necessary for the safe or lawful operation of motor vehicles. Such petroleum products as may be displayed or kept for sale outside the building shall be in not greater than one-quart capacity containers except for tanks below ground. Such outdoor display shall be in a case or rack which shall be constructed of metal, which case or rack shall not exceed seven feet in height.
H. 
No oil shall be stored or displayed in tanks or other similar receptacles outside of the building except for immediate use in servicing vehicles. Such oil, when not permitted to be kept outside the building as provided for in Subsection G above, shall be kept in adequate and safe containers racked or stacked within the building, but no such container shall be in excess of an eight-quart capacity. Nothing herein shall be construed to permit the storage of handling of flammable liquids in violation of any fire prevention[4] or other safety ordinance of the Township of Evesham.
[Amended 11-1-1977 by Ord. No. 40-11-77]
[4]
Editor's Note: See Ch. 75, Fire Prevention.
I. 
No advertising or identification signs shall be painted on the face of any building, and the use of strings or pennants [except for a period of one week following grand opening], flags or other similar decorations, whirling displays, cards and flickering, rotating, flashing or colored lights on the premises are expressly prohibited. The lighting sources on the premises shall be so erected and maintained that no disturbing glare will occur at any time to adjacent property owners or to motorists using the public streets or highways.
J. 
No parking of commercial vehicles shall be permitted on the premises except such temporary parking as may be necessary in connection with the servicing of vehicles. No outdoor parking of any vehicles shall be permitted on the premises between the hours of 10:00 p.m. and 6:00 a.m. except the parking of such vehicles as are required to remain on the premises for further servicing and repair. Under no circumstances shall parking be permitted in excess of 72 hours.
K. 
All drainage, refuse, grease drippings, oily rags or greasy or oily waste material or other waste material shall be kept for disposal enclosed in metal containers approved by the Chief of the Fire Department or fire underwriters.
L. 
Each gasoline service station shall be equipped with fire extinguishers, the number, type and quality of which shall be determined by the Chief of the Fire Department, Township Manager or the fire underwriters, together with such other equipment as they shall deem necessary for fire or other emergency purposes.
[Amended 11-1-1977 by Ord. No. 40-11-77]
M. 
No gasoline service station shall accumulate or store any used parts or used tires, either for sale, storage or waste or for any other purpose unless within the permanent enclosed building.
N. 
Use and occupation of a gasoline service station as hereinbefore set forth shall not restrict the use of one service vehicle and one tow truck or wrecker at each such station, but in no event shall any dismantled or wrecked cars be stored at any gasoline service station unless the same is to be repaired within the terms of this chapter. Under no circumstances shall any unregistered motor vehicle be stored or parked on the premises.
O. 
No motor vehicle shall be sold or traded on the premises of any public garage or any gasoline service station.[5]
[5]
Editor's Note: This subsection was originally adopted as part of Ord. No. 4-67, adopted 3-21-1967 as an amendment to Section 701 of the Zoning Ordinance (Ord. No. 10-60, adopted 12-28-1960, codified at see Ch. 160, Zoning, Art. IX), which Zoning Ordinance was replaced 7-18-2000 by Ord. No. 6-3-200, and was incorporated into this chapter during codification.

§ 86-7 Enforcement.

[Amended 10-7-1975 by Ord. No. 38-9-75]
A. 
The Township Manager or his designee shall enforce each of the provisions of this article.
B. 
For this purpose the Township Manager or his designee may:
(1) 
Enter upon the licensed premises and inspect the same at any and all reasonable hours.
(2) 
Make recommendations to the Township Council concerning the ownership, operation or condition of the licensee or licensed premises.
(3) 
Take whatever other steps are necessary to ensure compliance with this article.

§ 86-8 Suspensions and revocations; hearings.

A. 
In addition to the penalty provided below, the license issued pursuant to this article may be suspended or revoked, or not renewed as the case may be, by the Township Council, for the violations of this article or any other reasonable grounds after notice and hearing provided herein. Nonrenewal, suspension or revocation shall not be valid without at least 10 days' written notice thereof to the licensee, setting forth the grounds for nonrenewal or the basis for suspension or revocation. The provisions of this section shall also apply to any person who has initially applied for a license and been turned down.
B. 
The licensee or person so aggrieved shall, within 30 days of receipt of notice, have an absolute right to petition the Township Council in writing and be entitled to a bearing and review of the action of the Township. If the licensee or person so aggrieved requests the hearing, the Township shall schedule the same, and notice thereof shall be given to the interested parties and to the public at least five days before the time and place scheduled for the said hearing. The notice shall be published in the official newspaper of the Township. If a hearing is requested, any revocation, suspension or other action by the Township Council shall be stayed until the Township Council can conduct a hearing and investigation as set forth herein. At the hearing, the Township Council shall review the request of the licensee or person aggrieved, hear any and all information, facts, evidence or arguments on behalf of the said licensee or person so aggrieved, and anyone else who wishes to be heard concerning the issuance, renewal, suspension or revocation of the license. Upon conclusion of the hearing, the Township Council shall make its final determination and set forth its findings and conclusions in writing, which shall be served upon the parties in interest.

§ 86-9 Violations and penalties.

[Amended 11-1-1977 by Ord. No. 40-11-77]
Any person violating any provision of this article shall, upon conviction, be punishable as provided in Chapter 1, General Provisions, Article I, of this Code.[1]
[1]
Editor's Note: Former Art. II, Hours of Operation, which article immediately followed this article, adopted 1-21-1986 by Ord. No. 4-1-1986, was repealed 9-15-1987 by Ord. No. 42-9-87.