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Borough of Bernardsville, NJ
Somerset County
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Table of Contents
Table of Contents
[Ord. #437 § 1]
As used in this chapter:
GASOLINE SELLING OR SERVICE STATION
Shall mean any establishment, other than a public garage, supplying and selling motor fuel from a pump or pumps and oil from a container or containers direct to motor vehicles from premises abutting a public street or right-of-way relative to which motor vehicles have direct access therefrom.
MOTOR VEHICLE
Shall mean and include all vehicles propelled otherwise than by muscular power, excepting such vehicles as run only upon rail or other tracks.
PASSENGER MOTOR VEHICLE
Shall mean and include a two door or four door automobile and station wagon used for passenger transportation.
PERSON
Shall mean and include individuals, partnerships, corporations and associations.
PUBLIC GARAGE
Shall mean any building used for the storage, repair, servicing, inspecting, testing or washing of one or more motor vehicles for the general public for compensation, including storage for demonstrations, sale or lease but not including storage as an accessory to a residential or business use.
[Ord. #437 § 2]
All persons who shall construct, operate or maintain a gasoline selling or service station or a public garage within the municipal limits of the Borough shall comply with the provisions of this chapter.
[Ord. #437 § 3]
a. 
Parking During Business Hours. Operable passenger motor vehicles may be parked upon gasoline selling or service station and public garage premises during the period of time that the premises are open for business except:
1. 
In entrance and exit driveways to and from the public right-of-way.
2. 
Those areas providing access to and egress from gasoline pumps used to service the general public.
3. 
Access areas to and from service bays into the principal structure upon the premises, and
4. 
Those areas prohibited by the Bureau of Fire Prevention of the Borough of Bernardsville or its authorized agent.
b. 
Parking During Non-Business Hours. Parking of passenger motor vehicles is permitted on gasoline selling or service station and public garage premises during nonbusiness hours in those areas approved by the owner or operators thereof and the Bureau of Fire Prevention of the Borough or its authorized agent.
c. 
Disabled Vehicles. No disabled passenger motor vehicles may be parked upon gasoline selling or service station and public garage premises unless in the process of being repaired and for a continuous period of not more than 30 days.
d. 
Parking Restrictions. The parking of motor vehicles other than passenger motor vehicles shall not be permitted upon gasoline selling or service station and public garage premises except such temporary parking as may be necessary in connection with the servicing of such vehicles and commercial motor vehicles used by the owner or operator of the premises in the business conducted thereon. The outdoor parking of any such motor vehicles shall not be permitted on the premises between the hours of 10:00 p.m. and 6:00 a.m., prevailing time, except such vehicles that are required to remain upon the premises for further servicing or repair and commercial motor vehicles used by the owner or operator of the premises in the business conducted thereon.
e. 
Sale or Display of Vehicles for Sale Prohibited. No motor vehicles shall be sold or displayed for sale upon gasoline selling or service station or public garage premises except in conjunction with a franchised new car dealership.
f. 
Rental of Vehicles. The storage or rental of U-Haul trailers, campers, or any similar rental vehicles shall not be permitted upon gasoline selling or service station and public garage premises.
g. 
Wrecked Motor Vehicles. No dismantling of wrecked motor vehicles may take place outside the confines of a building and no wrecked motor vehicles may be stored upon gasoline selling or service station and public garage premises in excess of one continuous week.
h. 
Signs. No for sale or lease signs shall be displayed on any parked motor vehicles except as permitted by the Zoning Ordinance of the Borough. In addition, no awnings, pennants, valances, canopies or other devices used as or in the nature of an announcement, decoration, demonstration, display, illustration or insignia to advertise or promote the interests of any person, product or special event shall be permitted upon gasoline selling or service station and public garage premises.
[Ord. #437 §§ 4, 5]
a. 
All waste lubricants, refuse, grease drippings, oily rags, or other waste material or other greasy or oil waste material shall be kept enclosed in metal containers approved by the Bureau of Fire Prevention, or its authorized agent, for disposal.
b. 
There shall be no outside storage of supplies, materials or parts unless the same are contained within a permanent case, cabinet or enclosure of metal or fireproof material as follows:
1. 
Gasoline selling and service stations and public garages may display not more than six new tires adjacent to the front or side of any building facing a public right-of-way; and
2. 
A maximum of four such containers no greater than four feet in height and four feet in width containing products related to the use and operation of motor vehicles.
[Ord. #437 § 6]
Each station or garage shall be equipped with fire extinguishers of the number, type and quality as shall be required by the Bureau of Fire Prevention of the Borough, or its authorized agent, together with such other equipment as it or its agent may deem necessary for fire or other emergencies.
[Ord. #437 § 7]
Except as otherwise provided in this chapter, no station or garage shall accumulate or store any new or used parts or tires, whether for sale, storage, or waste or for any other purpose on any portion of the premises unless within the permanent enclosed building or within a side or rear yard fully screened by special planting or opaque fencing in order not to be visible from abutting streets or properties.
[Ord. #437 § 8]
Except for such 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, penetration macadam or gravel in accordance with municipal specifications and shall be graded and drained to abutting streets or natural water courses in order to dispose of accumulated surface water. Wherever the same shall abut the side or rear line in a residency district, a solid masonry wall or opaque fence not less than four feet high shall be erected along the side or rear lot line but the fence or wall shall not be located in any part of the front yard as defined by the Zoning Ordinance of the Borough.
[Ord. #437 § 9]
No station or garage shall be erected or constructed on a lot any part of which is within 500 feet of any other station or garage.
[Ord. #437 § 9]
All fuel tanks shall be installed underground, except not more than 110 gallons in steel drums may be stored aboveground in such a manner and at such location as is approved by the Bureau of Fire Prevention, or its authorized agent.
[Ord. #437 § 9]
For the construction of new gasoline selling or service station or public garage or reconstruction of existing such station or garage, the following provisions shall apply:
a. 
All driveways shall be no less than 15 feet from the intersection of street right-of-way lines and no driveway shall be wider than 30 feet at any point.
b. 
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.
c. 
The entire area of the lot to be transversed by any motor vehicles shall be hard surfaced and the balance of the lot shall be landscaped.
[Ord. #437 § 9]
The entire lot shall be continuously maintained and kept free from paper, rubbish and debris.
[Ord. #437 § 10]
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 or are established by law and are greater than those set forth herein shall take precedence over those herein, otherwise, the provisions of this chapter shall apply.
[Ord. #437 § 11]
This chapter shall be enforced by the Construction Official of the Borough who shall investigate any violation of this chapter coming to his attention whether by complaint or arising from his own personal knowledge. If a violation is found to exist, he shall serve a written notice by personal service or certified mail upon the owner, lessee, tenant or other occupant of any gasoline selling or service station or public garage building or premises. Such notice shall require the violation to be abated within five days from the date of service, or within such lesser time as the Construction Official shall deem reasonable in cases where the danger to public health, safety and general welfare is so imminent as to require more immediate abatement. If the person fails to abate the violation within the time specified, the Construction Official shall prosecute a complaint to terminate the violation in the Municipal Court.
Every owner, lessee, or other person violating this chapter shall be liable, upon conviction, to the penalty stated in Chapter 1, Section 1-5. Each day that a violation is permitted to exist, continue or occur shall constitute a separate offense.