Borough of Cresskill, NJ
Bergen County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Cresskill 1-1-1981 by Ord. No. 80-23-780 as Ch. 78 of the 1981 Code. Amendments noted where applicable.]
Uniform construction codes — See Ch. 101.
Fire prevention — See Ch. 128.
Zoning — See Ch. 275.

§ 116-1 Filling station defined.

The words "filling station," as used in this chapter, shall mean any building, structure or premises, enclosure or other place within the Borough where a container or containers, tank or tanks, whether portable or stationary, containing either carbon bisulfite, gasoline, naphtha, benzole, hydrocarbon (gas drips), liquefied petroleum gas, acetone, kerosene, turpentine or other flammable liquids having a flash point below 165º 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 flammable liquids are kept or sold for medicinal or household purposes.

§ 116-2 License required.

No person 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.

§ 116-3 Application for license; information required.

All applications for licenses required by this chapter shall contain the following information:
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 statement of the size of the tank or tanks.
The type and construction of the tank or tanks.
The minimum depth of the top of the tank or tanks below the ground where the same is placed.
A statement of the dimensions of the building and the material, in relation to fireproof qualities, to be used.

§ 116-4 Investigation; issuance of license.

The license application shall be reviewed by the Building Inspector and an official designated by the Fire Department.[1] The former official shall certify on the application as to its compliance with Borough regulations regarding zoning, building and other ordinances, and the latter official shall certify as to its compliance with the Borough fire prevention regulations.[2] An applicant whose petition for a license has been rejected by one or both of the aforementioned officials may appeal to the Mayor and Council, which may reverse the rejection by approving the application of the facts disclosed at the appeal hearing reveal compliance with this Code and other ordinances and regulations. Following approval of the application, the license shall be issued by the Borough Clerk.
Editor's note: See Ch. 30, Fire Department.
Editor's Note: See Ch. 128, Fire Prevention.

§ 116-5 Fees.

[Amended 11-4-1981 by Ord. No. 81-25-806; 6-21-1988 by Ord. No. 88-8-985; 2-20-1990 by Ord. No. 90-2-1025[1]]
The annual license fees for each gasoline pump shall be $25.
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 116-6 Transfer of license restricted.

No license granted under the provisions of this chapter shall be assigned or transferred to any other person, nor shall any such license authorize any person, other than the licensee named therein, to do business or act under such license, except after written application similar to the application for license and approval, in writing, by the Mayor and Council.

§ 116-7 Revocation.

Any license issued shall be revocable by the Mayor and Council, 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 upon his authorized agent or by serving such licensee or his authorized agent at his last known address by certified or registered mail, return receipt requested.

§ 116-8 Change of specific location.

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.

§ 116-9 Inspection of premises.

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 every year by an official of the Fire Department. It shall be the duty of the person making such inspection to see that the premises are maintained in compliance with this chapter, this Code and other ordinances of the Borough, to see that there is no dangerous accumulation of waste or other combustible material on the premises and to report to the Fire Department any violation which may be discovered during such inspection.

§ 116-10 Location restrictions.

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 radius of 250 feet of any plot on which there is one or more of the following types of buildings:
A public school or playground or lands held by the Board of Education for school, playground or other purposes or a duly organized school, other than a public school, conducted for children under 16 years of age, giving regular instructions at least five days a week for eight or more months a year.
A hospital.
A church with a seating capacity for 100 or more persons.
Any apartment house, including garden apartments.
A theater containing at least 300 seats.
A public library.
Any public playground or athletic field.

§ 116-11 Zoning regulations.

[Amended 12-15-1981 by Ord. No. 81-30-811]
An application for a license shall not be granted unless the applicant observes and conforms with the applicable zoning regulations delineated in Chapter 275.[1]
Editor's Note: Former § 78-12, Setback restrictions, which immediately followed this section, was deleted 12-15-1981 by Ord. No. 81-30-811. For provisions concerning such restrictions, see Ch. 275, Zoning.

§ 116-12 Station buildings: equipment and protection.

Provision shall be made by grading the driveway, raising doorsills or some equally effective means to prevent gasoline spills from flowing into the interior of station buildings.
Electric motors and other spark-emitting devices, when provided, shall be installed in a well-ventilated room where no flammable liquids are stored or handled unless such devices are approved by an agent of the local fire safety enforcement agency, as provided for in Chapter 128, Article IV, for use in an explosive atmosphere.
[Amended 9-16-1986 by Ord. No. 86-22-939]
Drainage from crankcases 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 Department. A reasonable quantity of loose non-combustible absorbents, such as sand or ashes, shall be kept convenient for use in case of off leakage or overflow.

§ 116-13 Gasoline gauging or vending equipment.

All gasoline gauging or vending devices shall be of an 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 gauging or vending devices shall be prohibited.
The use of aboveground gasoline storage tanks in connection with gasoline gauging or vending devices shall be prohibited.