[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:
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:
A.
Specifying the location of the building and premises.
B.
The written consent of the owner or owners of the land whereon such
station is proposed to be built or operated.
C.
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.
D.
A statement of the size of the tank or tanks and the quantity of
gasoline to be stored therein.
E.
The type and construction of the tank or tanks and the material of
which the tank or tanks are to be constructed.
F.
The minimum depth of the top of the tank or tanks below the ground
where the same is placed.
G.
The method of extracting gasoline from the tank.
H.
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.
Public school.
B.
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.
C.
A hospital.
D.
A church.
E.
A theater containing at least 300 seats.
F.
A public library.
G.
A public art museum.
I.
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:
A.
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.
B.
Adjacent building lines shall be approached not nearer than five
feet by any driveway.
C.
No driveway shall approach nearer than 10 feet to an intersecting
corner of public streets.
D.
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.
A.
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.
B.
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.
C.
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.
D.
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."
A.
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.
B.
Systems wherein continuous pressure is maintained on the gasoline
storage tank in connection with gasoline gaging or vending devices
shall be prohibited.
C.
The use of aboveground gasoline storage tanks in connection with
gasoline gaging or vending devices shall be prohibited.
D.
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.
A.
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.
B.
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.
C.
Drainage from crank cases shall be kept in suitable closed metal
containers.
D.
"No smoking" signs and "stop motor while filling" signs shall be
prominently posted to be readily visible at points where gasoline
is handled.
E.
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.
