[HISTORY: Derived from Ch. IV, Sec. 4-10,
of the Revised General Ordinances of the Borough of Fort Lee, 1978,
adopted 3-1-1979. Amendments noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
Any building, land area, or other premises, or portion thereof,
used for the retail dispensing or sales of vehicular fuels and/or
servicing and repair of automobiles.
[Added 3-16-2023 by Ord. No. 2023-6[1]]
[1]
Editor's Note: This ordinance also repealed the former definition
of "filling station," which immediately followed, and specified that
any reference to "filling station" in this chapter shall mean "automobile
service station."
No person shall manage, conduct, operate or
carry on the business of a filling station without first having obtained
a license therefor, as hereinafter provided. All gasoline pumps, tanks
or other containers for which permits or licenses have been heretofore
granted shall be and become subject to the terms of this chapter and
amendments thereto; and persons to whom licenses have been granted
shall forthwith apply for a license under the terms and provisions
of this chapter.
No license granted under the provisions of this
chapter shall be assigned or transferred to any other person, firm
or corporation, nor shall any person other than the licensee named
therein do business or act under such license, except after written
application similar to the application for license and approval in
writing by the Mayor and Council of the borough.
No license issued under the provisions of this
chapter shall authorize the maintenance of the business of a filling
station on any but the location specified therein.
All applications for licenses shall be made
in writing to the Mayor and Council and all applications for licenses
shall contain the following information:
A.
Specifying the location of the building and premises.
B.
The written consent of the owner or owners of the
land whereon such station is proposed to be built or operated.
C.
A statement of the size of the tank or tanks and the
quantity of gasoline to be stored therein.
D.
The type and construction of the tank or tanks and
the material of which the tank or tanks are to be constructed.
E.
The minimum depth of the top of tank or tanks below
the ground where the same is placed.
F.
The method of extracting gasoline from the tank.
G.
A statement of the dimensions of the building and
the material (in relation to fireproof qualities) to be used.
The license application shall be reviewed by
the Building Subcode Official and an official designated by the Fire
Prevention Bureau. The former official shall certify on the application
as to its compliance with municipal regulations regarding zoning,
building and other ordinances; and the latter official shall certify
as to its compliance with the municipal fire prevention regulations.
After certification by the aforementioned officials, the license application
shall be approved or denied by the Mayor and Borough Council. Following
approval of the application, the license shall be issued by the Borough
Clerk. An applicant whose petition for a license has been rejected
by one or both of the aforementioned officials may appeal to the Borough
Council, which may reverse the rejection by approving the application
if the facts disclosed at the appeal hearing reveal compliance with
the municipal ordinances and regulations.
No license shall be granted except upon payment
of a license fee at the annual rate of $25.
[Amended 3-16-2023 by Ord. No. 2023-6]
Each service station shall be conducted and maintained in accordance
with the provisions of the ordinances of the Borough. Each service
station shall be inspected at least three times every year by an official
of the Fire Prevention Bureau. It shall be the duty of the person
making such inspection, to see that the premises are maintained in
compliance with this chapter and other ordinances of the Borough,
to see that there is no dangerous accumulation of waste or other combustible
material on the premises and to report to the Fire Preventing Bureau
any violation of ordinances which may be discovered during such inspection.
Subsections A through C below shall be enforced by the Construction
Official, Subcode Official, Borough Code Enforcement Officer, Police
Department or an official of the Fire Prevention Bureau.
A.
Any repair, washing or servicing of motor vehicles shall be performed
in a fully enclosed building, and no motor vehicles shall be offered
for sale on the site. No motor vehicle parts or partially dismantled
motor vehicles shall be stored outside of an enclosed building. Any
person found guilty of violating any of the provisions of this chapter,
upon conviction thereof, shall pay a fine not to exceed $2,000.
B.
Off-street parking shall be provided, exclusive of pump area or travel
lanes, at the requirement of three parking spaces for each service
bay. No more than three vehicles per each service bay shall be stored
outside of an enclosed building. No vehicles awaiting service shall
be stored on any public street or right-of-way. Notwithstanding the
provisions of the preceding subsection, for a first offense, a person
having been convicted of violating the provisions of this subsection
shall be subject to a minimum mandatory fine of not less than $500
per vehicle stored outside in excess of that allowed by this subsection.
For a second violation, a person having been convicted of same shall
be subject to a minimum mandatory fine of not less than $1,000 per
vehicle stored outside in excess of that allowed by this subsection.
For subsequent violations, a person having been convicted of same
shall be subject to a minimum mandatory fine of not less than $2,500
per vehicle stored outside in excess of that allowed by this subsection.
Any license issued shall be revocable by the
Borough Council after hearing and good cause shown, upon 15 days'
notice in writing to be given the licensee either by serving the same
upon him personally or his surety, or by leaving the same at the place
of business of such licensee.
