[HISTORY: Adopted by the Mayor and Council of the Town of Secaucus 11-26-40. Section 78-18 amended at time of adoption of Code; see Ch. 1, General Provisions, Article I. Other amendments noted where applicable.]
As used in this chapter, the following term shall have the meaning indicated:
- FILLING STATION
- Any building, structure or premises, enclosures or other place within the town where a container or containers, tank or tanks, whether portable or stationary, and containing either carbon, bisulphite, gasoline, naphtha, benzole, hydrocarbon (gas drips), liquefied petroleum gas, acetone, kerosene or other inflammable liquids, having a flash point below one hundred sixty-five degrees Fahrenheit (165° F.) are kept or located for the purpose of selling, offering for sale or distributing any such liquids from such containers, tank or tanks; provided, however, that the provisions of this chapter shall not apply to any place where such inflammable liquids are kept or sold for medicinal purposes only.
No person, firm or corporation shall manage, conduct, operate or carry on the business of a filling station without first having obtained a license therefor, as hereinafter provided. All gasoline pumps, tanks, or other containers for which permits or licenses have been heretofore granted shall be and become subject to the terms of this chapter and amendments thereto; and persons to whom licenses have been granted shall forthwith apply for a license under the terms and provisions of this chapter.
All licenses issued under this chapter shall terminate on the 31st day of December following the date of issuance.
No license granted under the provisions of this chapter shall be assigned or transferred to any other person, firm or corporation, except with the consent of the Town Council of the Town of Secaucus, nor shall any such license authorize any person, firm or corporation other than the licensee named therein to do business or act under such license.
No license issued under the provisions of this chapter shall authorize the maintenance of the business of a filling station at any but the location specified therein.
All applications for licenses shall be filed with the Town Clerk and shall contain the following information:
Specifying the location of the building and premises.
The written consent of the owner or owners of the land whereon such station is proposed to be built or operated.
A map showing the exact location of the station, its tanks and appurtenances, in relation to the property on which the station is maintained and in relation to adjoining property and public streets.
A statement of the size of the tank or tanks and the quantity of gasoline to be stored therein.
The type and construction of the tank or tanks and the material of which the tank or tanks are to be constructed.
The minimum depth of the top of the tank or tanks below the ground where the same is placed.
The method of extracting gasoline from the tank.
A statement of the dimensions of the building and the type of construction and material to be used, which material must be of fireproof quality, together with sketches of elevations and plans.
The Clerk shall present said application to the Town Council, whereupon said Board shall, if said application complies with the requirements of this chapter and other ordinances of the town, direct the Clerk to issue a license on the payment of the license fees herein provided.
No license shall be granted except upon payment of a license fee at the annual rate of $10 for the first pump and $5 for each additional pump.
No license shall be issued if any part of the lot or plot on which such station is to be maintained, is situated within a distance of 300 feet of one (l) or more of the following types of buildings:
A duly organized school, other than a public school, for children under 16 years of age, and giving regular instruction at least five days a week for eight or more months a year.
A theater containing at least 300 seats.
A public library.
A public art museum.
An existing filling station in the same block, except that a filling station may be located at a corner formed by the intersection of two streets, even though there may be an existing station within a distance of 300 feet, provided that it otherwise conforms to this chapter.
The following restrictions shall be observed in reviewing application for licenses which shall be granted contingent upon their observance by the applicant:
Driveways into the plot on which the station is to be maintained shall possess a minimum width of 10 feet and a maximum width of 20 feet.
Adjacent building lines shall be approached not nearer than five feet by any driveway.
No driveway shall approach nearer than 10 feet to an intersecting corner of public streets.
A minimum distance of 15 feet on any sidewalk shall separate driveways in order to afford a safe place for pedestrians.
No gas tank or pump or any filling station shall be constructed or maintained on the curb or on the sidewalk of any street in the municipality, nor shall any gasoline pumps, lift, filling, greasing or other service appliance or apparatus be located within 10 feet of any street line or within five feet of a side or rear lot line.
Tanks shall be riveted, welded or brazed, and shall be soldered, caulked or otherwise made tight in a mechanical workmanlike manner and, if to be used with a pressure discharge system, shall safely sustain a hydrostatic test at least double the pressure to which the tank may be subjected. The top of the tank shall be securely fastened to the top ring, with joints of equal tightness to those between rings. Tanks shall be covered with asphaltum or other nonrusting paint or coating. All pipe connections shall be made through flanges or metal reinforcements securely riveted, welded or bolted to the tank and shall be made thoroughly tight and shall be of a type approved by the National Board of Fire Underwriters. Tanks shall be constructed entirely of metal, including top, sides and bottom; all openings shall be gastight, except breather vents, which shall be screened and installed in an approved manner.
Not more than 25 gallons of gasoline or kerosene except such quantities as may be contained in tanks or cars shall be permitted in any public place.
All gasoline, in excess of the amount above specified, shall be kept in tanks of approved design, buried so that the tops of the tanks shall be at least three feet below the surface of the ground. Tanks to be buried in such locations as may be approved by the Fire Committee, not less than six feet from any building, but no tanks shall be permitted under any shed or building.
All such underground tanks are to rest upon a bed or cradle of concrete at least six inches thick. No tanks of capacity greater than 550 gallons shall be used, but two or more tanks may be installed and connected by pipes if such tanks are separated by a wall of concrete not less than two feet in thickness or a wall of earth not less than four feet in thickness and provided that any such connecting tanks shall have a shutoff valve between them, on which valve shall be inscribed the words "on" and "off."
All gasoline gaging or vending devices shall be of approved type and substantially secured to concrete or masonry foundations suitably located and of proper design and dimensions normally to prevent any portion of motor vehicle colliding with the device.
Systems wherein continuous pressure is maintained on the gasoline storage tank in connection with gasoline gaging or vending devices shall be prohibited.
The use of aboveground gasoline storage tanks in connection with gasoline gaging or vending devices shall be prohibited.
Devices which discharge by gravity shall be so designed that it is impossible to retain in the gaging compartment materially more than 10 gallons of liquid, and so that it is not possible to lock the device without draining the gaging compartment.
Provision shall be made by grading driveway, raising door sills or some equally effective means to prevent gasoline spills from flowing into the interior of station buildings.
Electric meters and other spark-emitting devices, when provided, shall be installed in a well ventilated room where no inflammable liquids are stored or handled unless such devices are approved by the Fire Committee for use in explosive atmosphere.
Drainage from crank cases shall be kept in suitable closed metal containers.
"No smoking" signs and "stop motor while filling" signs shall be prominently posted to be readily visible at points where gasoline is handled.
Where flammable liquids are kept, used or handled, dry sand, ashes, chemical extinguishers or other extinguishing devices or materials shall be kept as directed by the Fire Committee. A reasonable quantity of loose noncombustible absorbents, such as sand or ashes, shall be kept convenient for use in case of oil leakage or overflow.
Each filling station shall be conducted and maintained in accordance with the provisions of this chapter. Each filling station shall be inspected at least three times a year by an official to be designated by the Fire Committee. It shall be the duty of the person making such inspection to see that the premises are maintained in compliance with this chapter and other ordinances of the town, to see that there is no dangerous accumulations of waste or other combustible material on the premises and to report to the Chairman of the Fire Committee any violation of ordinances which may be discovered during such inspection.
Any license issued shall be revocable by the governing body after hearing and good cause shown, upon 15 days' notice in writing to be given the licensee either by serving the same upon him personally, or his surety, or by leaving the same at the place of business of such licensee.
This chapter shall take effect on January 1, 1941, but the provisions thereof as to location, construction and restrictions as to plot and setback from street shall not apply to any filling station operated prior to the date of the passage hereof, provided, however, that should any such filling station cease to be operated for a period of two months, then full compliance with all of the provisions of this chapter shall be required before any permit shall thereafter be granted.
Any person violating or failing to comply with any of the provisions of this chapter shall, upon conviction thereof, be punishable by a fine of not more than $500 or by imprisonment for a term of not to exceed 90 days, or by both such fine and imprisonment in the discretion of the Judge. The continuation of such violation for each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of the violation may be punished as provided above for each separate offense.