[HISTORY: Adopted by the Mayor and Council of the Borough of Old Tappan 5-26-1975 as Sec. 4-7 of the 1975 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Storage of fuel oil — See Ch. 138.
Licensing — See Ch. 158.
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 containers, tank or tanks, whether portable or stationary, and containing either carbon bisulphite, gasoline, naphtha, benzole, hydrocarbon (gas drips), liquefied petroleum gas, acetone, kerosene, turpentine, or other inflammable liquids, having a flash point below 165º F., are kept or located for the purpose of selling, offering for sale, or distributing any such liquids from such containers, tank or tanks, provided that the provisions of this chapter shall not apply to any place where such inflammable 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 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, 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 license and approval in writing by the Borough Council.
No license issued under the provision of this chapter shall authorize the maintenance of the business of a filling station at any but the location specified therein.
All applications for licenses shall contain the following information:
A. 
Specification of 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 the tank or tanks below the ground where the tank 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 Inspector and an officer of 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 officer shall certify as to its compliance with the municipal fire prevention regulations. An applicant whose petition for a license has been rejected by one or both of these 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. Following approval of the application, the license shall be issued by the Borough Clerk.
A. 
No license shall be granted except upon payment of a license fee at the annual rate of $25 per pump, payable on January 1 of each year, with application indicating the number of pumps on the premises and other details as described in § 122-5.
[Amended 5-17-2004 by Ord. No. 850-04]
B. 
Applications for renewals shall be available at the office of the Borough Clerk.
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 20 feet.
B. 
Adjacent building lines shall be approached not nearer than 2 1/2 feet by any driveway.
No gas tank or filling station shall be constructed 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 curbline of the street as to require any one procuring gas or oil from such tank or station to leave the street and enter upon the property where the gas tank or station is erected.
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 top, sides and bottom; 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 place.
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 as may be approved by the Fire Prevention Bureau 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 and all such underground tanks are to be covered by a concrete pad at least six inches thick at the ground surface. No individual tank of a capacity greater than 5,000 gallons shall be buried. Two or more tanks may be installed; however, the total gallonage of such tanks may not exceed 20,000 gallons. Separate tanks may be 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 gauging or vending devices shall be of approved type and substantially secured to a concrete or masonry foundation 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 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 which 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.
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 Chief of 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 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 directed by the Fire Prevention Bureau. 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 this chapter. Each filling station shall be inspected at least three times every year by an officer 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 the provisions of 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 Prevention Bureau any violation which may be discovered during such inspection.
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 such notice upon him personally, or his surety, or by leaving it at the place of business of such licensee.
The provisions as to location, restrictions as to plot, setback from street, and pump and tank installation shall not apply to any filling station in operation prior to February 25, 1957.
[Amended 9-7-2004 by Ord. No. 859-04]
Any person who shall violate any of the provisions of this chapter shall, upon conviction, pay a penalty of not more than $100 for each violation, and in default of payment be imprisoned for not more than 10 days in the county jail, in the discretion of the court.