Township of Deptford, NJ
Gloucester County
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Table of Contents
Table of Contents

§ 20-1
DEFINITIONS. 

§ 20-2
PERMIT REQUIRED; STANDARDS AND REGULATIONS. 

§ 20-3
PROCEDURE. 

§ 20-4
SPECIAL CONSIDERATIONS. 

§ 20-5
VIOLATIONS AND PENALTIES. 

§ 20-1 DEFINITIONS.

[Ord. No. 5-26-69; 1967 Code § 31-1]

GASOLINE-SELLING or SERVICE STATIONS — Any establishment, other than a public garage, supplying or selling motor fuel from a pump or pumps and oil from a container or containers direct to motor vehicles.

PERSON
And include partnerships, corporations and associations as well as individuals.

§ 20-2 PERMIT REQUIRED; STANDARDS AND REGULATIONS.

[Ord. No. 5-26-69; 1967 Code § 31-2]

Gasoline-selling or service stations shall be allowed only by special permit in Retail-Commercial and General-Commercial Highway Districts and subject to the following standards and regulations.

a. 

Lot shall be at least 20,000 square feet in area, with a minimum lot width of 100 feet.

b. 

All fuel pumps, car lifts and service appliances, except the free-air pump, shall be located at least 25 feet away from the side and rear property lines so as to permit all services to be performed within the lot lines.

c. 

All fuel tanks shall be installed underground.

d. 

Driveways.

1. 

Driveways shall cross the sidewalk at right angles, which shall not be more than 25 feet wide at any point thereof.

2. 

There shall be a twenty-five-foot safety zone minimum between driveways. Driveways shall be at least 10 feet from the adjoining property line and at least 20 feet from the corner of intersecting right-of-way line.

3. 

There shall be a maximum of two driveways on any street.

e. 

The entire area of the station or garage or sales area traversed by motor vehicles shall be macadam or concrete.

f. 

No gasoline-selling or service stations, or area so utilized, shall be located within 300 of any property upon which a church, hospital, public or parochial school, private school college, institution or theater shall be located. Nor shall the gasoline-selling or service station be located within 2,500 feet of another gasoline-selling or service station. The distance shall be measured on a straight or air line from the nearest boundary or property line in the one instance to the nearest point or boundary line of the use being measured.

g. 

Various building and lot requirements.

1. 

A buffer yard of not less than 50 feet in width shall be provided on any special use included wherein this section shall be located within 50 feet of any residential zone. The distance shall be measured as indicated in paragraph f. of this subsection. This buffer yard shall be used only as a planting strip on which hedge, evergreens, shrubbery or other suitable planting shall be provided and maintained.

2. 

The walls of any building are set back at least 25 feet from every adjoining property line and at least 50 feet from a street right-of-way line.

3. 

Canopies or roof overhangs attached to or extended from the building shall not extend more than five feet from the building.

4. 

Building area. Not more than 10% of the area of each lot may be occupied by buildings. No building shall exceed one story in height.

h. 

All lubrication, repair, painting or similar activities shall be performed within a completely enclosed building. In addition thereto all displays and sale of merchandise shall be made or sold within a completely enclosed building, except as specifically provided or allowed under the terms of this chapter.

i. 

Sufficient parking space for all vehicles of employees and patrons shall be provided, with a minimum of five spaces.

j. 

No automobile, truck, trailer or boat shall be allowed to stand on any gasoline-selling or service station, publicly advertising it being for sale, namely, the automobile, truck, trailer or boat.

k. 

No gasoline-selling or service station shall be permitted within 50 feet of the nearest lot line of any other building.

l. 

No part of any gasoline-selling or service station may be used for residence or sleeping purposes except by a watchman.

m. 

Signs shall be erected in accordance with the requirements enumerated in the Zoning Ordinance of the Township, except that no sign shall exceed 25 feet in height; nor shall the sign be erected less than 15 feet from any curb or property line.

n. 

All electric, gas, telephone and other utility lines and uses shall be installed underground.

o. 

All alterations or additions to gasoline-selling or service stations, irrespective of the district in which the same may be located, shall be made in compliance with the provisions of this chapter.

§ 20-3 PROCEDURE.

[Ord. No. 5-26-69; 1967 Code § 31-3]
a. 

An applicant for special-exception-use permit under this chapter shall make application to the Board of Adjustment in the manner provided by law for an application of use variance and procedure to be followed by the Board of Adjustment, and the Township Council shall be the same as that prescribed by law for the granting of a use variance. Each applicant for such special-exception-use permit shall, at the time of the filing of such application, pay to the Township Clerk a filing fee, which fee shall be in addition to the fees for building permit otherwise prescribed by the applicable ordinance of the Township. No applications shall be considered by the Board of Adjustment until such time as the fee is paid.

b. 

Upon application, the applicant shall submit with the application to the Board of Adjustment in triplicate a set of plans, specifications and site plans which shall show the location and dimensions of boundary streets and easements, the location of any existing and all proposed buildings, parking areas, driveways and signs, with dimensions and areas of all the same, together with such other information as may be necessary for determining the application of any and all of the regulations set forth in this chapter, and which shall further show in detail the exact location of such filling station, the number of gasoline tanks to be installed, the dimensions and capacity of each tank, the depth at which the tanks will be placed below ground, the number of pumps to be installed, the type of structure and accessory buildings to be constructed, the number of automobiles to be garaged, and description of the nature and extent of the proposed use. In addition, a drainage plan providing for the correction, storage and disposal of stormwater runoff from the site shall be submitted in triplicate. All surveys, plans, specifications or drawings submitted shall be prepared by a duly licensed surveyor, architect and engineer.

c. 

Then the Board of Adjustment shall conduct a public hearing, of which notice shall be given to the Planning Board, and shall recommend in writing to the governing body that a special exception be granted and a permit be issued, if, in its judgment, such use at the proposed location would not be detrimental to the health, safety and general welfare of the community, and is reasonably necessary for the convenience thereof. The Board of Adjustment, in each case, shall apply the standards as provided herein and may, in addition require such other features or design in keeping with the intent thereof that will further the purpose of the standards and regulations. Such features shall be provided and maintained as a condition of the establishment and they are a condition of approval. In the event a favorable recommendation is made by the Board of Adjustment, the governing body, by resolution, shall approve or disapprove such recommendation. In making its determination, the governing body shall be guided by the same standards as those used by the Board of Adjustment.

d. 

If the Board of Adjustment shall recommend that a special exception be granted and permit be issued, the applications and plans shall be forwarded to the Planning Board for recommendations, which recommendations shall be advisory only. The Planning Board shall then forward their recommendations together with the application and plans to the governing body. In no event shall the governing body approve or disapprove the recommendation of the Board of Adjustment prior to the receipt of recommendations of the Planning Board.

e. 

Nothing contained in this chapter shall be deemed to waive, or give to any board or agency of the Township the power to waive any provisions of the Construction Code

Editor's Note: See Chapter 10, Building and Housing.
of the Township.

§ 20-4 SPECIAL CONSIDERATIONS.

[Ord No. 5-26-69; 1967 Code § 31-4]
a. 

Make a specific finding supported by evidence produced at a public hearing in the manner provided by law, that such use will not be prejudicial to the character of the neighborhood.

b. 

Determine that there is appropriate provision for access facilities adequate for the estimated traffic from public streets and sidewalks so as to assure the public safety and to avoid traffic congestion.

c. 

Require suitable planting not less than six feet high alongside lot lines and rear lot lines adjacent to residential uses or zones.

d. 

Where the installation of outdoor flood or spot lighting is intended, determine that such lighting will not shine directly on any abutting property. No unshielded lights shall be permitted.

e. 

Give full consideration to the request for this special exception use and the Board shall assure itself that such request is consistent with the plan for future land use in the Township, and with the spirit, purpose and intent of the Zoning Ordinance. The Board shall also take into consideration the character and type of development in the area surrounding the location for which the special exception use is requested, determine that the use will constitute an appropriate use in the area, and will not substantially injure or detract from the use of surrounding property or from the character of the neighborhood.

f. 

The erection and use of such station shall in no way cause traffic congestion on highway or create hazardous driving conditions.

g. 

Drainage plan provided for the collection, storage and disposal of stormwater runoff from the site is adequate.

§ 20-5 VIOLATIONS AND PENALTIES.

[New]

Any person that shall violate this chapter, or do any act or thing prohibited, or refuse to do any act or thing required to be done, or refuse or fail to comply with an order of the Zoning Administrative Officer, or an order of the Board of Adjustment or Township Council, such person shall be subject to the General Penalty established in Section 1-5 of this Code.