[HISTORY: Adopted by the Borough Council
of the Borough of Chesilhurst 5-14-1970 by Ord. No. 70-3. Amendments noted where
applicable.]
All persons or corporations who shall construct,
operate or maintain a public garage or gasoline diesel or oil filling
station within the municipal limits of the Borough of Chesilhurst
shall comply with the provisions of this chapter.
As used in this chapter, the following terms
shall have the meanings indicated:
Any building or place where gasoline, diesel oil, or oil
is offered to the general public for sale
Any structure or place used to service, repair, fuel, lubricate,
inspect, test or store motor vehicles for compensation.
A.
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, or of others, unless the same are parked
or stored within an enclosed building.
B.
No motor vehicle may be offered or exposed for sale,
lease, rental or hire on such premises.
C.
No motor vehicle or any type of salvage or maintenance
materials shall be stored outside any buildings on such premises.
All drainage, refuse, grease drippings, oily
rags, or other waste material shall be kept enclosed in metal containers
approved by fire underwriters for disposal.
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 the number, type and quality as shall be required
by the Director of Public Safety, together with such other equipment
as he may deem necessary for fire or other emergent 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.
Except for such minor areas as may be planted
with 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.
A.
No gasoline, diesel fuel or oil filling station shall
be erected or constructed on a lot any part of which is within 2,500
feet of any other gasoline, diesel fuel or oil filling station.
B.
All fuel tanks shall be installed underground.
C.
All driveways shall be no less than 25 feet from the
intersection of street right-of-way lines and no driveway shall be
wider than 30 feet at any point.
D.
A raised concrete curb at least eight inches in height
and six inches wide at the top shall be constructed and maintained
along all street right-of-way lines, except at permitted driveways.
E.
The entire area of the lot to be traversed by any
motor vehicles shall be hard surfaced and the balance of the lot shall
be landscaped.
F.
No gasoline, diesel fuel or oil pumps or islands shall
be within 25 feet of any street right-of-way line.
G.
No other Borough ordinance shall be violated.
H.
No freestanding sign permitted by zoning requirements
shall exceed 50 square feet in area, nor be less than eight feet above
the ground, nor be more than 17 feet above the ground nor extend beyond
the lot lines.
I.
No signs, portable or otherwise, nor any merchandise
display racks or carts shall be placed on or about such premises at
any point beyond the property line, and in no event shall they be
placed, fixed and maintained in any way or manner that obstructs or
impairs the vision of motorists traveling on or along the highway
or street abutting said station, or of motorists entering or leaving
such station or public garage.
J.
The entire lot shall be continuously maintained and
kept free from paper, rubbish and debris.
In interpreting and applying the provisions
of this chapter, they shall be held to be minimum requirements unless
otherwise stated. Any restrictions or requirements with respect to
buildings or land, or both, which appear in other ordinances of the
Borough of Chesilhurst, or are established by law and which are greater
than those set forth herein shall take precedence over these herein;
otherwise, the provisions of this chapter shall apply.
It shall be unlawful for any person or any body
corporate to construct, operate or maintain a public garage or gasoline,
diesel or oil filling station in the Borough of Chesilhurst without
first having procured a license from the Borough Clerk so to do. The
fee for such a license is hereby fixed at $100 per year and such license
must be obtained or renewed on or before the first day of January
of each year and shall remain valid and effective for one year expiring
on the 31st day of December of the year for which the same was issued
or renewed. The license shall contain the name and address of the
owner as well as the name and address of the person in charge of said
station. Said license may be suspended or revoked upon failure to
comply with the provisions of this chapter, or if said business is
conducted in a disorderly manner, or in violation of any law of the
United States, the State of New Jersey, or any ordinance of this municipality.
No license shall be revoked or suspended without a hearing thereon
to be conducted by the Borough Council, upon written notice of the
time and place of such hearing given to the owner at least three days
prior to the date set for same. Said notice is sufficient if addressed
by ordinary mail to the address of the owner specified on said license.
At the hearing, the owner shall have an opportunity to answer and
shall be heard, and upon due consideration and deliberation of the
Borough Council, the complaint may be dismissed, or if said Borough
Council concludes that the charges have been sustained and substantiated,
it may revoke or suspend the license held by the licensee.
No provision of this chapter shall be applied
so as to impose any unlawful burden on either interstate commerce
or any activity of the state or federal government.
Every owner, lessee or other person violating
this chapter shall be subject to a fine not exceeding $2,000, imprisonment
for a period not exceeding 90 days and/or a period of community service
not exceeding 90 days in the discretion of the court. Each day that
a violation is permitted to exist, continue or occur it shall constitute
a separate offense.
