No gasoline or oil filling station shall be
built or operated in, along or on any of the highways of the Borough
of Palmyra without a permit first had and obtained for such purpose.
No permit for the building, installation or
operation of any such gasoline or oil filling station shall be granted
until the applicant first submits, in writing, to the Mayor and Council
of the Borough of Palmyra, a petition, accompanied by a map or drawing,
setting forth the place where such gasoline or oil filling station
is to be built or operated, and which petition shall fully describe,
and the map or drawing shall fully show, the character of the ground
or highway where the same is to be built or operated, and the petition
and map or drawing shall further show the existence of any trees,
fireplugs or other structures in the highway at or near the point
or place at which said gasoline or oil filling station is to be located.
If said petition, or map or drawing accompanying
the same, discloses any fireplugs, trees or other structures in the
highway which may be affected by the location of any such gasoline
or oil filling station, then it shall be discretionary with the Mayor
and Council of the Borough of Palmyra as to the granting of said permit.
No permit shall be granted for the location
of such gasoline or oil filling station unless all the tanks, works,
pipes, buildings and equipment are to be placed a distance of six
feet inside of the property line of the point or place where such
gasoline or oil filling station is to be erected.
[Amended 5-22-1934]
No permit shall be granted for the location
of such gasoline or oil filling station unless the top of every gasoline
tank connected therewith and adjacent thereto shall be at least 36
inches below the surface of the ground, except when such gasoline
or oil filling station is located along the west side of State Highway
Route S-41 between the Delaware River and the Borough line, or along
the east side of State Highway Route S-41 between South Broad Street
and the Borough line, when the gasoline tanks connected therewith
and adjacent thereto may be aboveground, provided they are not more
than 150 feet east of State Highway Route S-41 and are not situated
within a radius of 300 feet of any dwelling, public school, hospital,
church, theater or public library, and provided further that each
of such gasoline tanks shall be erected upon a concrete base and shall
be of a capacity of not exceeding 20,000 gallons.
Under no circumstances shall a permit be issued
for the erection of a gasoline or oil filling station, or for the
conversion of any premises not so used to be used for such purpose,
if any part of the lot or plot to be so used is situated within a
radius of 200 feet of a:
B. Duly organized school or other 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 of the year.
C. Hospital maintained as a charitable institution.
E. Theater containing at least 300 seats.
Any person violating any of the provisions of
this chapter shall be subject to a penalty of not more than 30 days
in the county jail or a fine not exceeding $100, or both, in the discretion
of the Municipal Magistrate or other judicial officer authorized to
hear and determine the matter who may hear the case.