[Ord. #437 § 1]
As used in this chapter:
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.
Shall mean and include all vehicles propelled otherwise than
by muscular power, excepting such vehicles as run only upon rail or
other tracks.
Shall mean and include a two door or four door automobile
and station wagon used for passenger transportation.
Shall mean and include individuals, partnerships, corporations
and associations.
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.
