[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.]
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 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.
These restrictions are included in the provisions of Chapter 255, Zoning.
The following restrictions shall be observed in reviewing applications
for licenses which shall be granted contingent upon their observance by the
applicant:
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.
