The following words and phrases and their derivatives when used
in this chapter shall have the meaning hereafter attributed to them:
shall mean and include all buildings, structures, premises,
enclosures or other places where a container or containers, tank or
tanks, whether portable or stationary, containing gasoline, motor
oils, or any of them, are kept and located for the purpose of selling
or offering for sale any such liquids from such container or containers,
tank or tanks, by means of pumps or otherwise.
shall mean and include any building or structure of permanent
construction erected upon land and permanently affixed thereto, used
principally for the storage and/or repair of motor vehicles, and offering
such storage facilities to the general public or any member thereof
for hire at fixed or regular fees.
shall mean licensed in accordance with the provisions of
this chapter.
shall mean and include any street, avenue, park, public highway,
or any public place or any part thereof, including the sidewalk area
adjacent to any of them.
No person shall install, construct, maintain, conduct, operate
or carry on the business of a gasoline service station as defined
in this chapter without first having obtained a license therefor pursuant
to the provisions hereof.
All applications for licenses under the terms of this chapter
shall be in writing, shall be filed with the Borough Clerk, and shall
contain and accurately specify:
The name and address of the applicant.
The position and size of the lot to be used for the purpose
specified in this chapter and the number of square feet of area to
be occupied therefor.
A map showing the location of the gasoline service station,
its tanks, buildings and appurtenances in relation to the property
upon which the service station is presently operated or is proposed
to be constructed, installed, operated and maintained and in relation
to the adjoining property and public streets.
The written consent of the owner or owners of the land whereon
such station is presently operated and maintained or is proposed to
be constructed, erected, operated and maintained.
The type and construction of the tank or tanks and the material
of which the tank or tanks are constructed or are proposed to be constructed.
The minimum depth of the top of the tank or tanks below the
ground wherein the same are placed or are to be placed.
The method of extracting the liquids from the tank or tanks.
The dimensions of any building or buildings erected or to be
erected thereon and the material, in relation to fire proof qualities,
used or to be used in erecting the same.
Each applicant for a license shall furnish the information required
by the terms of this chapter and shall verify the correctness thereof
by his oath or affirmation, and file the completed application as
herein provided together with the full amount of the proper fee fixed
in and by the terms of this chapter, at least one week before the
application shall be presented to the Mayor and Council of the Borough
of Point Pleasant Beach, for action thereon.
Upon receipt of such application the same shall be referred
to the building official for investigation and report which report
shall be made to the Mayor and Council as herein provided. The Mayor
and Council shall thereupon determine the advisability of granting
any such permit and shall authorize or deny the same by resolution.
The annual fee for each license issued or renewal thereof under
the terms of this chapter shall be twenty-five ($25.00) dollars for
each year for which the license shall be so issued or renewed, except
that where any such license shall be issued on or after July I in
any calendar year the license fee shall, in such event, be fifteen
($15.00) dollars. No part of such fee shall be refunded for any reason
except upon the denial of any application for the issuance or renewal
of a license by the Mayor and Council of the Borough of Point Pleasant
Beach, in which event the entire license fee so deposited shall be
returned to the applicant.
Any and all licenses issued pursuant to the terms of this chapter
shall expire at midnight on the 31st day of December of the year for
which the same shall be issued, unless sooner surrendered, suspended
or revoked. Each and all such licenses shall be issued by the Borough
Clerk pursuant to resolution of the Mayor and Council of the Borough.
No license issued under the provisions of this chapter shall
authorize the maintenance and/or operation of a gasoline service station
at any but the location specified therein.
No license shall be issued if any part of the lot or plot of
land on which such gasoline service station is to be installed, constructed,
maintained and/or operated is situated within 500 feet of the nearest
part of any plot of land on which there is situated a public or private
school, a hospital, a church, a theatre, motion picture or otherwise,
or any of them.
The following restrictions shall be observed in reviewing applications
for licenses hereunder which shall be granted conditioned upon the
observance by the applicant of them:
Driveways into the plot on which the station is to be maintained
shall possess a maximum width of 12 feet of each 50 feet of owners
property.
Adjacent building lines shall be approached not nearer than
five feet by any driveway.
No driveway shall approach nearer than 25 feet to an intersecting
corner of public streets.
A minimum distance of 15 feet shall separate driveways in order
to afford space for a pedestrian's island.
No gasoline service station shall hereafter be installed, constructed,
maintained and/or operated on the curb of any street in the Borough.
Any further construction in respect of a gasoline service station
actually constructed, maintained and/or operated on the effective
date of this chapter involving the installation of containers, tanks,
or pumps shall be at such distance from the curb of the street as
to require any person procuring gasoline or oil from the containers,
tanks or gasoline service station to leave the street and enter upon
the property where the gasoline service station is located. No license
for a gasoline service station shall hereafter be issued unless all
pumps and service appliances are placed a sufficient distance from
any street line so as to prevent a motor vehicle receiving service
from being on a sidewalk or any part thereof.
No license shall be issued hereunder for a gasoline service
station having located thereon any frame building or any building
wholly or partially used for dwelling purposes and, further, no new
gasoline service stations shall be located on Richmond Avenue or Ocean
Avenue in the Borough of Point Pleasant Beach.
No license shall be issued under the terms of this chapter for
the installation, construction, management and/or operation of a gasoline
service station to be situated in or on any lot or parcel of land
located in the residential zone of the Borough as defined in the zoning
ordinance of the Borough, and the supplements thereto and amendments
thereof.
No license issued under the terms of this chapter shall be transferred
or assigned except with the consent in writing of the Mayor and Council.
The Mayor and Council may in its discretion refuse to issue
or renew any license or may, after notice and hearing, revoke or suspend
any license for the violation of any of the terms of this chapter
or any statute of the State of New Jersey, or of any regulation of
any agency of the State of New Jersey applicable to the business referred
to.
Any person who shall violate any of the provisions of this chapter
shall, upon conviction thereof, be subject to a fine not exceeding
two thousand ($2,000.00) dollars, or imprisonment in the county jail
for not exceeding 30 days, in the discretion of the municipal judge
by whom such person shall be convicted.
The terms and provisions of this chapter shall not be construed
or held to apply to any lot or parcel of land occupied by a public
garage as herein defined; provided, that this section shall not be
construed to exempt any premises adjacent to any such public garage
from all of the terms and provisions of this chapter.
