Township of East Hanover, NJ Chapter 89 Gasoline Filling Stations

[HISTORY: Adopted by the Township Committee of the Township of East Hanover 5-17-1973 as Art. 3 of Ch. 7 of the Revised Ordinances. Sections 89-3A(9) and 89-5 amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]

GENERAL REFERENCES

Fire prevention — See Ch. 85.

Land use and zoning — See Ch. 95.

§ 89-1 Definitions.

As used in this chapter the following terms shall have the meanings indicated:

FILLING STATION

The use of a building or structure or any portion thereof for the purpose of dispensing motor fuel from fixed equipment into the fuel tanks of motor vehicles and the services incidental thereto. The words "filling station" include the words "automotive service station."

§ 89-2 License required.

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.

§ 89-3 Application for license.

A. All applications for licenses shall be filed with the Township Clerk and shall contain the following information:

(1) The location of the building and premises.

(2) The written consent of the owner or owners of the land whereon such station is proposed to be built or operated.

(3) A map showing the exact location of the station, its tanks and appurtenances in relation to the property on which the station is maintained and in relation to adjoining property and public streets.

(4) A statement of the size of the tank or tanks and the quantity of gasoline to be stored therein.

(5) The type and construction of the tank or tanks and the material of which the tank or tanks are to be constructed.

(6) The minimum depth of the top of the tank or tanks below the ground where the same is placed.

(7) The method of extracting gasoline from the tank.

(8) A statement of the dimensions of the building and type of construction and the material (which must be of fireproof quality) to be used, together with sketches of elevations and plans.

(9) A statement from the Township Construction Official as to his inspection and approval of the filling station relative to zoning and the Building Code.[1]

[1] Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Note that the Building Code was superseded by the adoption of the State Uniform Construction Code Act, N.J.S.A. 52:27D-119 et seq. See Ch. 75, Construction Codes, Uniform. As to Zoning, see Ch. 95, Land Use and Zoning, Art. VII.

(10) A statement from the Township Fire Chief as to his inspection and approval of the filling station relative to firesafety.

(11) A statement from the Township Health Officer as to his inspection and approval of the filling station relative to the effect of pollution in whatever form caused directly or indirectly by the filling station.

(12) A statement from the Township Engineer as to his inspection and approval of the filling station relative to drainage and elevations.

(13) A statement from the Township Police Chief as to his inspection and approval of the filling station relative to the station's effect on traffic safety and control.

B. For any inspection required by Subsection A(9) through (13) inclusive, any authorized official of the specified township department may make the inspection in lieu of the particular department head, but such authorized official must file a written report of his inspection within seven days thereafter with the head of his department.

§ 89-4 Issuance or denial of license.

A. The Clerk shall present said application to the Township Committee, whereupon said Committee shall, if said application complies with the requirements of this chapter and other ordinances of the township, direct the Clerk to issue a license upon the payment of the license fees herein provided.

B. Notwithstanding any of the provisions of this chapter, the Township Committee may deny the application for a license if, in the opinion of a majority of the Township Committee, there are a sufficient number of gasoline filling stations and gasoline or oil filling stations in the immediate vicinity of the property described in the application or if the operation of the station described in the application is likely to create an unreasonable fire hazard or an unreasonable hazard to pedestrians or add an unreasonable burden to the traffic conditions of the neighborhood described in the application. The designation of the above grounds shall not be construed in any way to limit the Township Committee in refusing to grant any such application on any other grounds permitted by law.

§ 89-5 License fee. [1]

No license shall be granted except upon payment of a license fee as set out in Chapter 79, Fees and Licenses.

[1] Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

§ 89-6 Expiration of license.

All licenses issued under this chapter shall terminate on the 31st day of December following the date of issuance.

§ 89-7 Assignment or transfer of license.

A. No license granted under the provisions of this chapter shall be assigned or transferred to any other person except with the consent of the Township Committee.

B. Such license shall not authorize any person other than the licensee named therein to do business or act under such license.

§ 89-8 Change of location.

No license issued under the provisions of this chapter shall authorize the maintenance of the business of a filling station at any location but the location specified therein.[1]

[1] Editor's Note: Former Section 7-24 of the Revised Ordinances of East Hanover, Restrictions as to location, which immediately followed this section, was deleted at time of adoption of Code; see Ch. 1, General Provisions, Art. I. For provisions regarding location of public garages or gasoline stations, see § 95-47B(3) of the Code of the Township of East Hanover.

§ 89-9 (Reserved)

§ 89-10 Restrictions as to driveways.

The following restrictions shall be observed in reviewing applications for licenses, which shall be granted contingent upon their observance by applicant:

A. Driveways into the plot on which the station is to be maintained shall possess a minimum width of 10 feet and a maximum width of 20 feet.

B. Adjacent building lines shall be approached not nearer than five feet by any driveway.

C. No driveway shall approach nearer than 10 feet to an intersection corner of public streets.

D. A minimum distance of 15 feet on any sidewalk shall separate driveways in order to afford safety for pedestrians.

§ 89-11 Setback requirements.

No gas tank or pump or any filling station shall be constructed or maintained on the curb or on the sidewalk or any street in the township. No gasoline pump, lift, filling, greasing or other service applicance or apparatus shall be located within five feet of a side or rear lot line.[1]

[1] Editor's Note: Former Section 7-27 of the Revised Ordinances of East Hanover, Construction of tanks, which immediately followed this section, was deleted at time of adoption of Code; see Ch. 1, General Provisions, Art. I. For provisions regarding public garages and gasoline stations as conditional uses, see § 95-47B(3) of the Code of the Township of East Hanover.

§ 89-12 (Reserved)

§ 89-13 Gauging or vending devices.

A. All gasoline gauging or vending devices shall be of approved type and substantially secured to concrete or masonry foundations suitably located and of proper design and dimensions normally to prevent any portion of motor vehicle from colliding with the device.

B. Systems wherein continuous pressure is maintained on the gasoline storage tank in connection with gasoline gauging or vending devices shall be prohibited.

C. The use of aboveground gasoline storage tanks in connection with gasoline gauging or vending devices shall be prohibited.

D. Devices with discharge by gravity shall be so designed that it is impossible to retain in the gauging compartment materially more than 10 gallons of liquid and so that it is not possible to lock the device without draining the gauging compartment.

§ 89-14 Station buildings; safety precautions.

A. Provision shall be made by grading driveway, raising door sills or some equally effective means to prevent gasoline spills from flowing into the interior of station buildings.

B. Electric motors and other spark-emitting devices, when provided, shall be installed in a well-ventilated room where no flammable liquids are stored or handled unless such devices are approved by the Fire Department for use in explosive atmosphere.

C. Drainage from crankcases shall be kept in suitable closed metal containers.

D. NO SMOKING signs and STOP MOTOR WHILE FILLING signs shall be prominently posted so as to be readily visible at points where gasoline is handled.

E. Where flammable liquids are kept, used or handled, dry sand, ashes, chemical extinguishers or other extinguishing devices or materials shall be kept as directed by the Fire Department.

F. A reasonable quantity of loose noncombustible absorbents, such as sand or ashes, shall be kept conveniently for use in case of oil leakage or overflow.

§ 89-15 General regulations; inspections.

A. Each filling station shall be conducted and maintained in accordance with the provisions of the ordinances of the township.

B. Each filling station shall be inspected at least three times a year by an official to be designated by the Chief of the Fire Department. 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 township, to see that there is no dangerous accumulation of waste or other combustible material on the premises and to report to the Chairman of the Fire Committee any violation of ordinances which may be discovered during such inspection.

§ 89-16 Revocation of license.

Any license issued shall be revocable by the Township Committee 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.

§ 89-17 Violations and penalties.

Any person who violates any provision of this chapter or who shall disobey any order of the Fire or Building Department in relation to said gasoline pump, tank or other container shall, upon conviction thereof, be punished by a fine not exceeding $500 or by imprisonment for a term not exceeding 90 days, or both.

§ 89-18 Existing installations.

The provisions of this chapter as to location, restrictions as to plot and restrictions as to setback from street shall not apply to any filling station in existence on November 24, 1948; provided, however, that should any such filling station cease to be operated for a period of six months, then full compliance with all of the provisions of this chapter shall be required before any license shall thereafter be granted.