From and after the passage of this article, it shall be unlawful for any individual, firm or corporation to install in the Township of Gloucester any gasoline tank, or construct or erect any gasoline pump, pipe, hose or other apparatus, except in the manner or under the conditions provided for by this article.
[HISTORY: Adopted by the Township Committee (now Council) of the Township of Gloucester as indicated in article histories. Amendments noted where applicable.]
[Adopted 9-3-1957 by Ord. No. 220]
[Amended 5-20-1970 by Ord. No. 392]
No license shall be granted for that purpose except upon application in writing to the Township Clerk, setting forth the place and premises where the said station is set up or maintained, and the payment of a fee of $100 for the first pump and $25 for each additional pump.
Any individual, firm or corporation desiring to install or maintain any such gasoline tank, pump, pipe, hose or other apparatus shall first make application to the Township Committee for an approval of a permit to open the sidewalk, designating in such application the point at which the sidewalk is to be opened and the extent of such opening; and the application shall have attached thereto a drawing setting forth the style, design, architecture and other details of the proposed tank, pump, pipe, hose or other apparatus so to be installed, and the Township Committee shall examine such application and see whether the proposed tank, pump, pipe, hose or other apparatus conforms to the usual type of such apparatus as well as to all fire and safety regulations and requirements, and, if the same be in proper form, shall approve the same; otherwise it may, for good cause, after a hearing given therein to any such applicant, decline to give approval to the issuance of any such permit.
No permit shall be so approved to install or maintain any such tank, pump, pipe, hose or other apparatus in the Township of Gloucester where same is or may be prohibited by any ordinance hereinbefore enacted or which may be hereafter enacted; and in those areas in the Township where same may be permitted, such installation or maintenance of any such tank, pump, pipe, hose or other apparatus connected therewith shall not be permitted within 300 feet of any church, school or place of worship.
Whenever an applicant for a permit under this article, in order to make any installation herein authorized, finds it necessary to disturb the surface of any public highway outside the curbline thereof, then and in every such case said applicant, in addition to the permit to be secured hereunder, shall also secure a street opening permit and comply with the terms of the ordinance in force providing for the issuance of street opening permits; provided, however, that no such street opening permit shall be so required to break open or disturb any sidewalk or other portion of any such highway inside the curbline thereof. In every case where any such applicant shall disturb or break open any sidewalk or other portion of the public highway, the same shall be restored to its original condition by him or by the Township Committee at his expense.
[Amended 5-20-1970 by Ord. No. 392]
After such a written approval shall be given by the Township Committee, an application shall then be made to the Township Clerk, who, on the presentation of such written approval, shall forthwith issue a permit to install the gasoline tank, pump, pipe, hose or other apparatus upon the payment to said Clerk of a fee of $10 for each permit so issued. It shall be unlawful to install any such tank, pump, pipe or hose or other apparatus in the Township of Gloucester without such permit.
[Amended 5-20-1970 by Ord. No. 392; 6-5-1972 by Ord. No. 426]
After setting up any such gasoline tank, pump, pipe, hose or other apparatus pursuant to such permit, an application may forthwith be made in writing by the applicant to the Township Clerk for permission to maintain and operate a gasoline station, setting forth the place where, and the plans for such gasoline station so to be set up, operated or maintained, and the sum of $35 shall be paid for a license therefor to be issued by the Township Clerk, and it shall be unlawful to maintain or operate a gasoline station in the Township of Gloucester without a license so issued.
Every license granted under this article shall expire on the 31st day of December in the calendar year in which it has been issued, and it shall contain the number of the license, the location of the place or the premises where the same is to be operated, and shall be signed by the Township Clerk.
[1]
Editor's Note: Former § 56-9, Fire-extinguishing equipment required, was repealed 5-20-1970 by Ord. No. 392.
It shall be unlawful for any person, firm or corporation to sell gasoline from any tank, barrel, drum or other movable or stationary container unless there is painted on each pump, in such manner as to be plainly visible to any person purchasing such gasoline, in letters not less than one inch in height, the name and/or trademark of the oil company whose gasoline is sold therefrom.
It shall be unlawful for any person, firm or corporation to sell gasoline from any tank, barrel or drum or other movable or stationary container other than the brand of gasoline labeled on said container.
[Amended 5-20-1970 by Ord. No. 392]
Any person, firm or corporation violating or refusing or neglecting to comply with any provisions of this article shall be liable to a fine of not more than $500 or imprisonment not exceeding 90 days, or both, in the discretion of a court of competent jurisdiction.
All ordinances or parts of ordinances inconsistent with this article, to the extent of such inconsistency only, be and the same are hereby repealed.
This article shall take effect immediately after final publication and final passage as required by law.
[Adopted 10-20-1971 by Ord. No. 408]
For the purpose of this article, the terms used herein are defined as follows:
Any establishment, other than a public garage, supplying or selling motor fuel from a pump or pumps, lubricants and automotive accessories, and providing maintenance and minor repairs for motor vehicles, but not including body repairs or, under any circumstances, the storage of inoperable or wrecked vehicles.
Includes partnerships, corporations and associations, as well as individuals.
[Amended 11-3-1971 by Ord. No. 411]
Gasoline selling or service stations and public garages shall be allowed by special permit in the Business District Zone only and no other zone, and subject to the following standards and regulations:
A.
Lot shall be at least 20,000 square feet in area, with a minimum lot depth and lot width of 125 feet.
B.
All fuel pumps, appliances and air pumps shall be located at least 35 feet from the street lines and 25 feet away from the side and rear property lines, or edge of any required buffer area, so as to permit all services to be performed within the lot lines. All other services shall be performed within an enclosed building.
C.
All fuel tanks shall be installed underground.
D.
Driveways.
(1)
Driveways shall not be more than 25 feet wide at any point thereof.
(2)
There shall be a minimum distance of 30 feet between driveways as measured from the edges of the paved portion. Driveways shall be at least 10 feet from the adjoining property line and at least 20 feet from the street line of any intersecting street.
(3)
There shall be a maximum of two driveways on any street.
E.
The entire area of the station or garage or sale area traversed by motor vehicles shall be macadam or concrete.
F.
No gasoline selling or service stations, or area so utilized, shall be located within 500 feet of any property upon which a church, hospital, public or parochial school, private school, college, institution or theater shall be located; nor shall said gasoline selling or service station be located within 2,000 feet of another gasoline selling or service station. Said distance shall be measured from the property or lot line on which the proposed service station is to be located, on a straight line to the property line or lot line on which the church, hospital, public or parochial school, private school, college, institution, theater or gasoline or service station shall be located.
G.
Buffer yard, setback, canopies, building area.
(1)
A buffer yard of not less than 50 feet in width shall be provided on any special use included wherein this section shall be located within 50 feet of any residential zone. Said distance shall be measured as indicated in Subsection F of this section. This buffer yard shall be used only as a planting strip in which hedge, evergreens, shrubbery or other suitable planting shall be provided and maintained with a visual screen year-round.
(2)
The walls of any building shall be set back at least 25 feet from every adjoining property line or required buffer yard, and at least 50 feet from a street right-of-way line.
(3)
Canopies or roof overhangs attached to or extended from the building shall not extend more than five feet from said building.
(4)
Building area. Not more than 10% of the area of each lot may be occupied by buildings. No building shall exceed one story in height.
H.
All lubrication, repair, maintenance or similar activities shall be performed within a completely enclosed building. In addition thereto, all displays and sale of merchandise shall be made or sold within a completely enclosed building, except as specifically provided or allowed under the terms of this article.
I.
Sufficient parking space for all vehicles of employees and patrons shall be provided, with a minimum of five spaces in any event, with the total number of spaces computed on the basis of three spaces for each lift, wheel alignment pit, bay, or similar work area, which spaces shall be separate from the driveway and general apron areas giving access to the air pumps, gasoline pumps and garage doors.
J.
No automobile, truck, trailer or boat shall be allowed to stand on any gasoline selling or service station property publicly advertising such vehicle for sale or lease.
K.
No part of any gasoline selling or service station may be used for resident or sleeping purposes.
L.
Signs shall be erected in accordance with the requirements enumerated in the Zoning Code of the Township of Gloucester,[1] except that no sign shall exceed 25 feet in height; nor shall said sign be erected less than 15 feet from any curb or property line.
M.
All electric, gas, telephone and other utility lines and uses shall be installed underground.
A.
An applicant for a special permit under this article shall make application to the Board of Adjustment in the manner provided by law. Each applicant for such special permit shall, at the time of the filing of such application, pay to the Clerk of the Township of Gloucester a filing fee of $50, which fee shall be in addition to the fees for building permit otherwise prescribed by the applicable ordinance of the Township of Gloucester. No applications shall be considered by the Board of Adjustment until such time as the fee is paid.
B.
The applicant shall submit with the application, in triplicate, a set of plans, specifications and site plans which shall show the location and dimensions of boundary streets and easements, the location of any existing and all proposed buildings, gasoline pumps, parking areas, driveways and signs, with dimensions and areas of all the same, together with such other information as may be necessary for determining the application of any and all of the regulations set forth in this article; and which shall further show in detail the exact location of such filling station, the number of gasoline tanks to be installed underground, the dimensions and capacity of each tank, the depth at which the tanks will be placed below ground, the number of pumps to be installed, the type of structure and accessory buildings to be constructed, the number of wheel alignment pits, lifts and other working areas, and description of the nature and extent of the proposed use. In addition, a drainage plan providing for the correction, storage and disposal of stormwater runoff from the site shall be submitted in triplicate. All surveys, plans, specifications or drawings submitted shall be prepared by a duly licensed surveyor, architect or engineer.
C.
The Board of Adjustment shall conduct a hearing in accordance with provisions of N.J.S.A. 40:55-36 through 40:55-45.[1] Notice of said hearing and a copy of the required plans shall be forwarded to the Planning Board prior to the meeting of the Planning Board held next before the Board of Adjustment hearing date for any recommendations which the Planning Board may make with reference to such application. If, in the Board of Adjustment's judgment, such use at the proposed location would not be detrimental to the health, safety and general welfare of the community and is reasonably necessary for the convenience thereof and conforms to the standards as provided herein, together with any additional features or design the Board considers necessary in order to maintain the intent and purpose of these standards and regulations, the Board of Adjustment may recommend the approval of the application for special license to the Township Committee. All conditions of approval shall be provided and maintained as a condition or continuance of the use.
[1]
Editor's Note: N.J.S.A. 40:55-36 et seq. was repealed by P.L. 1975, c. 291. See now N.J.S.A. 40:55D-69 et seq.
D.
Within 30 days from receipt of a favorable recommendation from the Board of Adjustment, the Township Committee shall approve the recommendation or disapprove the recommendation, based upon the record as supplied by the Board of Adjustment.
E.
Nothing contained in this article shall be deemed to waive, or give to any board or agency of the Township of Gloucester the power to waive, any provisions of the Building Code of the Township of Gloucester.
The Board of Adjustment, among other things, may review the application and require the following items as a condition of approval:
A.
Determine that there is appropriate provision for access facilities adequate for the estimated traffic from public streets and sidewalks so as to assure the public safety and to avoid traffic congestion.
B.
Require suitable planting not less than six feet high along side lot lines and rear lot lines adjacent to residential uses or zones, but not closer than 10 feet to any street line.
C.
Where the installation of outdoor flood or spot lighting is intended, determine that such lighting will not shine directly or reflect on any abutting property. No unshielded lights shall be permitted.
D.
Assure itself that such request is consistent with the plan for future land use in the Township of Gloucester. The Board shall also take into consideration the character and type of development in the area surrounding the location for which the special exception use is requested, determine that said use will constitute an appropriate use in the area, and will not substantially injure or detract from the use of surrounding property or from the character of the neighborhood.
E.
The erection and use of such station shall be designed to prevent traffic congestion or create hazardous driving conditions.
F.
Drainage plan provided for the collection, storage and disposal of stormwater runoff from the site is adequate.
A.
Any person that shall violate this article, or do any act or thing prohibited, or refuse to do any act or thing required to be done, or refuse or fail to comply with an order of the Zoning Administrative Officer, or an order of the Board of Adjustment or governing body of the Township of Gloucester, shall be subject to a fine not to exceed $200 and to imprisonment for not more than 30 days. Whenever such person shall have been officially notified by the Zoning Administrative Officer, or by service of a summons in a prosecution, or in any other official manner, that he is committing a violation, each day's continuance of such violation after such notification shall constitute a separate offense punishable by a like fine or penalty without additional notification.
If any section, paragraph, subsection, clause or provision of this article shall be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of this article as a whole or any part thereof.
All ordinances and parts of ordinances of the Township of Gloucester heretofore adopted, and that are inconsistent with any of the terms and provisions of this article as same may apply to gasoline selling or service stations, are hereby repealed to the extent of such inconsistency.
This article shall become effective upon its final passage and adoption and publication in the manner prescribed by law.