[HISTORY: Adopted by the Board of Commissioners of the Township of
Haddon 10-2-1956 by Ord. No. 394. Amendments noted where applicable.]
GENERAL REFERENCES
Automobile sales lots — See Ch.
81.
Land use and development — See Ch.
142.
No person or corporation shall construct, operate or maintain a public
garage or motor vehicle storage building or gasoline or oil filling station
within the municipal limits of the Township of Haddon except after having
a permit or license issued for such purpose under the provisions of this chapter.
[Amended 12-26-2006 by Ord. No. 1170]
Any person or corporation desiring to construct any such public garage
or gasoline or oil filling station or to alter or change any then-existing
building into such public garage or gasoline or oil filling station shall
first make application in writing to the Board of Commissioners of the Township
of Haddon for a permit for such construction. Said application shall specify the materials used or to be used in the construction of the building and the location of the building; and if such building is to be used as a public garage, the application shall specify the floor space to be therein devoted to or used for the purpose of motor vehicle storage. Said application shall further show the location of any church, hospital, theater, library, public playground, athletic field, public or parochial school or firehouse or existing service station or public garage within 1,000 feet thereof and shall be accompanied by the fee amount set forth in Chapter
111, Fees, for administrative services of the Township in connection with said application.
No such public garage or gasoline or oil filling station shall be constructed,
maintained or operated nor shall any other building be altered or changed
for such purpose except after application's being duly made to the Board of
Commissioners of said Township and a special permit or license issued by the
said Board of Commissioners for that purpose to the applicant. The Board of
Commissioners shall have the sole right and power to grant or reject any application
for such permit.
As used in this chapter, the following terms shall have the meanings
indicated:
PUBLIC GARAGE
Any structure or place used to service, repair, fuel, lubricate,
inspect, test or store motor vehicles for compensation.
[Amended 12-26-2006 by Ord. No. 1170]
Every person or corporation who may build or operate any public garage or motor vehicle storage building or gasoline or oil filling station in the Township of Haddon shall pay an annual license fee in the amount set forth in Chapter
111, Fees, which license fee shall be due and payable on the first day of January in each and every year.
No license except a renewal license shall be issued under this chapter
unless proof of publication of notice of the intention to apply for such a
license to the Board of Commissioners shall be submitted, which publication
shall be advertised in a newspaper circulating in the Township of Haddon at
least once a week for two consecutive weeks, giving the date when the application
shall be presented to the Board of Commissioners.
Except during business hours or when at least one employee is on the
premises, no station or garage shall park or store motor vehicles of customers
unless the same are parked or stored within an enclosed building.
No public garage or gasoline filling station or the plot upon which
it is situate shall be located within the same block in which on either side
of said street any church, hospital, theater, library, public playground or
athletic field, public or parochial school or firehouse may be located or
situated, and in no event within 200 feet of the nearest part of the plot
or lot of any such church, hospital, athletic field or public playground,
theater, public or parochial school or firehouse, nor within 500 feet of the
plot of any existing station on the same or opposite side of the street, nor
at any intersection where there is an existing station.
A. All drainage, refuse, grease drippings, oily rags or
other waste material or other greasy or oily waste material shall be kept
enclosed in metal containers approved by fire underwriters for disposal.
B. There shall be no outside storage of supplies, materials
or parts unless the same are contained within a permanent rack, case, cabinet
or enclosure of metal or other fireproof material.
Each station or garage shall be equipped with fire extinguishers of
a number, type and quality as shall be required by the Commissioner of Public
Safety, together with such other equipment as he may deem necessary for fire
or other emergency purposes.
No station or garage shall accumulate or store any used parts or tires,
whether for sale, storage or waste or for any purpose, on any portion of the
premises unless within the permanent enclosed building.
In order to minimize traffic hazards and permit safe ingress and egress
to and from service stations or garages, the following minimum frontages are
hereby required:
A. Where stations or garages are located on municipal streets
or county highways, not less than 200 feet for stations with not more than
three dispensing pumps, and for every three additional pumps or fraction thereof,
there shall be an additional 50 feet of frontage.
B. Where stations or garages are located on state highways,
not less than 250 feet for stations or garages with not more than three dispensing
pumps, and for every three additional pumps or fraction thereof, there shall
be an additional 50 feet of frontage.
C. Where stations or garages are located at intersections,
the "frontage" shall be that portion facing on the more heavily traveled street
or highway as determined by the Commissioner of Public Safety. Such stations
or garages located at intersections shall have a minimum average depth of
150 feet.
D. In all other cases, the minimum average depth of the
station or garage plot shall be at least 100 feet.
All pumps and other service outlets shall be at least 20 feet back from
the property line and at least 100 feet distant from the nearest building
or dwelling unless a greater distance is otherwise required herein.
Except for such minor areas as may be planted in shrubbery, the remainder
of the lot or plot of said station shall be surfaced with concrete or bituminous
concrete or asphalt and graded and drained to the street to dispose of surface
water accumulated. Wherever the same shall abut the side or rear line in a
residence district, a solid masonry wall or a sightly fence not less than
three feet high shall be erected along said side or rear lot line up to but
not beyond the setback line.
In the event that the application for a permit is approved, the applicant
shall, before issuance of such permit, file with the Township Clerk a performance
bond, with a surety company duly approved, in an amount of at least the estimated
cost of construction or repair, conditioned upon construction in accordance
with the plans and specifications submitted and this chapter.
The issuance of a permit hereunder shall be subject to compliance by
the applicant with all other ordinances of the Township of Haddon, including
the Zoning Ordinance of the Township of Haddon.
Any building or buildings to be erected for use as a gas station, garage
or in connection therewith shall be of masonry construction exclusively.
[Amended 4-7-1987 by Ord.
No. 819]
The applicant shall submit evidence of the reasonable need for a gasoline
station at the proposed location. The Board of Commissioners shall receive
evidence from all interested parties, including the public, on this point.
The Board of Commissioners may conduct a separate investigation of this question.
No license or permit shall be granted until the Board of Commissioners shall
have determined from the aforesaid evidence and investigation that there is
a reasonable need for such a station. In addition, the Board of Commissioners
may cause an investigation of the applicant, the proposed location and structure
to be made by the Police Department, the Fire Department and Construction
Code Official, who shall report in writing their findings with regard thereto.
[Amended 4-7-1987 by Ord.
No. 819]
Every owner, lessee or other person violating this chapter shall be
subject to a fine of not more than $1,000 or imprisonment for a term not to
exceed 90 days, or both such fine and imprisonment, in the discretion of the
court. Each day that a violation is permitted to exist, continue or occur
shall constitute a separate offense.