[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:
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:
A.
The location of the building and premises.
B.
The written consent of the owner of the land whereon
such station is proposed to be built or operated.
C.
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.
D.
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.
E.
The type and construction of the tanks and the material
of which the tanks are to be constructed.
F.
The minimum depth of the top of the tank below the ground
where the same is placed.
G.
The method of extracting gasoline from the tank.
H.
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[1] 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.[2] 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.
A public school.
B.
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.
C.
A hospital maintained as a charitable institution.
D.
A church.
E.
A theater containing at least 300 seats.
F.
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:
A.
Driveways into the plot on which the station is to be
maintained shall possess a maximum width of 30 feet.
B.
Adjacent building lines shall not be approached by any
driveway nearer than five feet.
C.
No driveway shall approach nearer than 10 feet to an
intersecting corner of public streets.
D.
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.
A.
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.
B.
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.
C.
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.
D.
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.
A.
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.
B.
Systems wherein continuous pressure is maintained on
the gasoline storage tank in connection with gasoline gaging or vending devices
shall be prohibited.
C.
The use of aboveground gasoline storage tanks in connection
with gasoline gaging or vending devices shall be prohibited.
D.
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.
A.
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.
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 Chief
of the Fire Department or such official as may be designated by him for use
in an explosive atmosphere.
C.
Drainage from crank cases shall be kept in suitable closed
metal containers.
D.
"No smoking" signs and "stop motor while filling" signs
shall be prominently posted 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 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.
