[HISTORY: Adopted by the Mayor and Council of the Borough of Palisades Park 7-8-1976 as Section 4-9 of the Revised General Ordinances of 1975. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- FILLING STATION
- Any building, structure or premises, enclosure or other place within the borough where a container or tank, whether portable or stationary, and containing either carbon bisulfite, gasoline, naphtha, bonzole, hydrocarbon (gas drips), liquefied petroleum gas, acetone, kerosene, turpentine or other flammable liquid having a flash point below 165° F., is kept or located for the purpose of selling, offering for sale or distributing any liquids from such container or tank. Filling stations shall also be known as "gas stations" or "service stations." The provisions of this chapter shall not apply to any place where such flammable liquids are kept or sold for medicinal or household purposes.
No person shall manage, conduct, operate or carry on the business of a filling station without first having obtained a license as hereinafter provided.
All licenses issued under this chapter shall terminate on December 31 following the date of issuance. All licenses granted after January 2 of any year shall be for the unexpired portion of the year. The full license fee shall be charged for any license granted prior to July 1 of each year, after which date 1/2 the full license fee shall be charged for a license for the balance of the year. Renewal of a license where a license has been previously granted shall be issued by the Borough Clerk automatically upon payment of the regular license fee. No renewal shall be refused unless it appears that the applicant for the renewal is conducting the station in such a manner as to be detrimental to the public health, safety or welfare or otherwise is violating a borough ordinance, in which event the applicant shall make formal application as provided for herein to the same extent and in the same manner as a new application for a license.
No license granted under the provisions of this chapter shall be assigned or transferred to any other person, nor shall any such license authorize any person other than the licensee named therein to do business or act under such license except after written application similar to the application for a license and approval, in writing, by the Mayor and Council.
No license issued under the provisions of this chapter shall authorize the maintenance of the business of a filling station at any but the location specified therein.
All applications for a license shall contain the following information:
The location of the building and premises.
The written consent of the owner of the land whereon such station is proposed to be built or operated.
A map or sketch showing the exact location of the station and its tanks, pumps and appurtenances in relation to the property on which the station is to be maintained and in relation to adjoining property and public streets.
A statement of the number of pumps or tanks and the size of the tank or tanks and the quantity of gasoline to be stored therein.
The type and construction of the tanks and the material of which the tanks are to be constructed.
The minimum depth of the top of the tank below the ground where the same is placed.
The method of extracting gasoline from the tank.
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 Inspector and the Chief of the Fire Department or by an official of the Fire Department designated by the Chief. The Building Inspector shall certify on the application as to its compliance with municipal regulations regarding zoning, building and other ordinances, and the Chief of the Fire Department or the official designated by him shall certify as to its compliance with municipal fire prevention regulations. An applicant whose petition for a license has been rejected by one or both of the aforementioned officials may appeal to the municipal body, 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. Following approval of the application, the license shall be issued by the Borough Clerk.
[Amended 7-8-1982 by Ord. No. 967; 6-9-1983 by Ord. No. 976]
No license shall be granted except upon payment of a license fee at the annual rate of $25 for each pump located on the licensee's premises. For the purposes of this section, "pump" shall mean each device that raises, transfers or compresses gasoline by suction or pressure, or both. "Pump" shall not mean the housing in which the pump mechanism is located. Twenty percent of the license fee, with the exception of renewal licenses automatically issued by the Borough Clerk, as set forth in § 139-3, shall be paid to the representative of the Fire Department inspecting the installation of the filling station equipment and certifying the application, as provided for in § 139-7. These funds are to be immediately turned over to the Borough Clerk.
No license shall be issued if any part of the lot or plot on which such station is to be maintained is situated within a radius of 500 feet of any plot on which there is one or more of the following types of buildings or land:
A public school.
A duly organized school, other than a public school, conducted for children under 16 years of age and giving regular instruction at least five days a week for eight or more months a year.
A hospital maintained as a charitable institution.
A theater containing at least 300 seats.
A public library.
The following restrictions shall be observed in reviewing applications for licenses, which shall be granted contingent upon their observance by the applicant:
Driveways into the plot on which the station is to be maintained shall possess a maximum width of 30 feet.
Adjacent building lines shall not be approached by any driveway nearer than five feet.
No driveway shall approach nearer than 10 feet to an intersecting corner of public streets.
A minimum distance of 15 feet shall separate driveways in order to afford space for a pedestrian's island.
No gas tank or filling station shall be constructed or maintained on the curb of any street in the borough. Any further construction of a tank or filling station shall be at such distance from the curb of the street as to require anyone procuring gas or oil from the tank or station to leave the street and enter upon the property where the gas tank or station is erected. No application for a license shall be approved unless all filling pumps and service appliances are placed far enough away from any street line so as to prevent an automobile receiving service from being on a sidewalk.
Tanks shall be riveted, welded or brazed and shall be soldered, caulked or otherwise made tight in a mechanical and workmanlike manner and, if to be used with a pressure discharge system, shall safely sustain a hydrostatic test at least double the pressure to which the tank may be subjected. Tanks shall be covered with asphaltum or other nonrusting paint or coating. All pipe connections shall be made through flanges or metal reinforcements securely riveted, welded or bolted to the tank and shall be made thoroughly tight. Tanks shall be constructed entirely of metal, including the top, sides and bottom, and all openings shall be gastight, except breather vents, which shall be screened.
Not more than 25 gallons of gasoline, except such quantities as may be contained in tanks or cars known as "rolling tanks," shall be permitted in any public places.
All gasoline in excess of the amount above specified shall be kept in tanks of approved design buried so that the tops of the tanks shall be at least three feet below the surface of the ground. Tanks to be buried in such locations may be approved by the Chief of the Fire Department or such official as may be designated by him not less than six feet from any building, except upon special permission in writing, but no tanks shall be permitted under any shed or building.
All such underground tanks are to rest upon a bed or cradle of concrete at least six inches thick. No tank of capacity greater than 1,000 gallons shall be buried, but two or more tanks may be installed and connected by pipes if such tanks are separated by a wall of concrete not less than two feet in thickness or a wall of earth not less than four feet in thickness.
All gasoline gaging 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 a motor vehicle from colliding with the device.
Systems wherein continuous pressure is maintained on the gasoline storage tank in connection with gasoline gaging or vending devices shall be prohibited.
The use of aboveground gasoline storage tanks in connection with gasoline gaging or vending devices shall be prohibited.
Devices which discharge by gravity shall be so designed that it is impossible to retain in the gaging compartment materially more than 10 gallons of liquid and so that it is not possible to lock the device without draining the gaging compartment.
Provision shall be made, by grading driveways, raising door sills or some equally effective means, to prevent gasoline spills from flowing into the interior of station buildings.
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 Chief of the Fire Department or such official as may be designated by him for use in an explosive atmosphere.
Drainage from crank cases shall be kept in suitable closed metal containers.
"No smoking" signs and "stop motor while filling" signs shall be prominently posted to be readily visible at points where gasoline is handled.
Where flammable liquids are kept, used or handled, dry sand, ashes, chemical extinguishers or other extinguishing devices or materials shall be provided by the licensee in such number or quantity as may be directed by the Chief of the Fire Department. A reasonable quantity of loose noncombustible absorbents, such as sand or ashes, shall be kept convenient for use in case of oil leakage or overflow.
Each filling station shall be conducted and maintained in accordance with the provisions of the ordinances of the borough. Each filling station shall be inspected at least twice in each year by an official 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 borough, to see that there is no dangerous accumulation of waste or other combustible material on the premises and to report to the Mayor and Council any violation of ordinances which may be discovered during such inspection.
Any license issued shall be revocable by the Mayor and 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 by leaving the same at the place of business of such licensee.