[HISTORY: Adopted by the Mayor and Council of the Borough of Leonia as indicated in article histories. Amendments noted where applicable.]
Fees — See Ch. 123.
[Adopted 10-4-1982 by Ord. No. 949 as §§ 120-1 to 120-17 of the 1982 Code (Ord. No. 402)]
As used in this article, the following terms shall have the meanings indicated:
- FILLING STATION
- Any building, structure or premises, enclosure or other place within the Borough 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, turpentine or other flammable liquid having a flash point below 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 article shall not apply to any place where such flammable 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 article and amendments thereto, and persons to whom licenses have been granted shall forthwith apply for a license under the terms and provisions of this article.
All licenses issued under this article shall terminate on the 31st day of December following the date of issuance. All licenses granted after the second day of January of any year shall be for the unexpired portion of said year, and said license shall be charged at a pro rata rate from the date the application for license is granted. A renewal of a license, where a license has previously been granted, shall be issued by the head of the Police Department without reference to the Board of Adjustment, and no renewal shall be refused unless it appears that the applicant for said renewal is conducting said station in such a manner as to be dangerous or detrimental to the public health, safety or welfare or otherwise is violating a Borough ordinance or ordinances and then only after notice as provided for in § 150-16 hereof.
No license granted under the provisions of this article shall be assigned or transferred to any other person, firm or corporation, 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 article shall authorize the maintenance of the business of a filling station at any but the location specified therein.
All applications shall contain the following information:
Specify 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 upon which the station is to be 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 material, in relation to fireproof qualities, to be used.
The license application shall be reviewed by the Building Inspector and the Fire Marshal. The former official shall certify on the application as to its compliance with the Building Code and other pertinent ordinances, and the latter official shall certify as to its compliance with the municipal fire prevention regulations. Following the certifications by the Building Inspector and the Fire Marshal, as herein just above provided, the application shall be submitted to the Board of Adjustment which shall pass on it and certify as to its compliance with Chapter 290, Zoning. An applicant whose petition for a license has been rejected by the Building Inspector or by the Fire Marshal, or both, may appeal to the Mayor and Council, which may reverse the rejections by approving the application if the facts disclosed at the appeal hearing reveal compliance with the municipal ordinances and regulations. If the application made is duly approved by the Building Inspector and Fire Marshal and the Board of Adjustment, the license shall be issued by the head of the Police Department.
No license shall be granted except upon payment of a license fee as set forth in Chapter 123, Fees.
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 300 feet of one or more of the following types of buildings:
A public school.
A duly organized school, other than a public school, conducted 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 hospital maintained as a charitable institution.
A public library.
This provision shall apply to new licenses only and shall not affect applications for renewal of licenses for filling stations now established and in operation.
The following restrictions shall be observed in reviewing applications 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 maximum width of 30 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 shall separate driveways in order to afford space for a pedestrian's island.
No gas tank or filling station shall be constructed or maintained on the curb of any street in the municipality. Any further construction of a tank or filling station shall be at such a distance from the curb of the street as to require anyone procuring gas or oil from said tank or station to leave the street and enter upon the property where the gas tank or station is erected. No application for a license shall be approved unless all filling pumps and service appliances are placed far enough away from any street line so as to prevent an automobile, receiving service, from being on a sidewalk.
Tanks shall be riveted, welded or brazed and shall be soldered, caulked or otherwise made tight in a mechanical and 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. Tanks shall be constructed entirely of metal, including top, sides and bottom, all openings shall be gastight, except breather vents, which shall be screened.
Not more than 25 gallons of gasoline, except such quantities as may be contained in tanks or cars, known as "rolling tanks," 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 shall be buried in such locations as may be approved by the Fire Department, not less than six feet from any building except upon special permission in writing, 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 tank of capacity greater than 800 gallons shall be buried, 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.
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.
Devices which discharge by gravity shall be so designed that it is impossible to retain in the gauging compartment materially more than 10 gallons of liquid and so that it is not possible to lock the device without draining the gauging compartment.
Provisions 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 the Chief of the Fire Department for use in an explosive atmosphere.
The 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 directed by the Chief or Deputy Chief of the Fire Department. 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 the ordinances of the Borough. Each filling station shall be inspected at least three times every year by the Fire Marshal. It shall be the duty of the Fire Marshal to see that the premises are maintained in compliance with this 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 Mayor and Council any violation of ordinances which may be discovered during such inspections.
Any licenses issued shall be revocable by the governing body after hearing and good cause shown upon 10 days' notice, in writing, to be given to the licensee, either by serving same upon him personally or his surety or by leaving the same at the place of business of licensee.
[Adopted 10-4-1982 by Ord. No. 949 as §§ 120-18 to 120-21 of the 1982 Code (Ord. No. 681)]
It shall be unlawful for any person, firm or corporation to cause, allow or permit any abandoned or junked motor vehicle or any used motor vehicle parts or accessories to be stored or kept in the open on any gasoline station in the Borough of Leonia for more than 24 consecutive hours.
As used in this article, the following terms shall have the meanings indicated:
- ABANDONED OR JUNKED MOTOR VEHICLE
- A used motor vehicle that is in such defective condition as to be unable to be moved under its own power or if it does not show proper license plates or lacks a valid inspection certificate as required by the law of New Jersey.
- GASOLINE STATION
- Any place of business at which gasoline, motor fuels or motor oil is sold or otherwise disposed of to the public for use in a motor vehicle, regardless of any other business on the premises.
- IN THE OPEN
- Not housed in a structure composed of four walls, a roof and doors effectively shielding a motor vehicle or motor vehicle parts from view.
[Amended 12-27-1999 by Ord. No. 22-99]
It shall be unlawful for any person, firm or corporation to operate or permit the operation of a gasoline station before 7:00 a.m. or after 9:00 p.m.
On Sundays, it shall be unlawful for any person, firm or corporation operating a gasoline station to do any work or services other than dispensing of motor fuels or motor oil and the making of minor repairs of an emergent nature, which repairs shall not be conducted in the open.