[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.]
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.
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.
All applications for licenses required by this chapter shall contain
the following information:
A.
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 statement of the size of the tank or tanks.
D.
The type and construction of the tank or tanks.
E.
The minimum depth of the top of the tank or tanks below
the ground where the same is placed.
F.
A statement of the dimensions of the building and the
material, in relation to fireproof qualities, to be used.
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.
[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.
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.
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.
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.
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.
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.
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.
B.
A hospital.
C.
A church with a seating capacity for 100 or more persons.
D.
Any apartment house, including garden apartments.
E.
A theater containing at least 300 seats.
F.
A public library.
G.
Any public playground or athletic field.
[Amended 12-15-1981 by Ord.
No. 81-30-811]
A.
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.
B.
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]
C.
Drainage from crankcases 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 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.
A.
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.
B.
Systems wherein continuous pressure is maintained on
the gasoline storage tank in connection with gasoline gauging or vending devices
shall be prohibited.
C.
The use of aboveground gasoline storage tanks in connection
with gasoline gauging or vending devices shall be prohibited.
