As used in this chapter, the following terms shall have the meanings
indicated:
MOTOR VEHICLE SERVICE STATION
Any area of land, 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 bisulfite, gasoline, naphtha,
benzole, hydrocarbon (gas drips), liquefied petroleum gas, acetone, kerosene,
turpentine or other inflammable 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 in any manner 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 or household
purposes and/or any building, structure or premises, enclosure or other place
within the borough where motor vehicles are serviced, greased, polished, washed,
repaired or providing similar services.
No person, firm or corporation shall manage, conduct, operate or carry
on the business of a motor vehicle service station without first having obtained
a license therefor, as hereinafter provided.
No license granted under the provisions of this chapter shall be assigned
or transferred to any other person, firm or corporation 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 governing body.
No license issued under the provisions of this chapter shall authorize
the maintenance of the business of a motor vehicle service station at any
but the location specified therein.
All applications for licenses shall contain the following information:
A. If a person, the name and address of the applicant.
B. If a partnership, the name and residence of each partner.
C. If a corporation or other organization, the name, date
and state under whose laws such corporation or organization was organized,
the names of any principal stockholders and local representatives, their residences
and business addresses.
D. The days per week and the hours per day during which
said licensee intends to operate said motor vehicle service station.
E. The specific location and address of the building and
premises.
F. The written consent of the owner or owners of the land
whereon such station is proposed to be built or operated.
G. A statement of the size of the tank or tanks and the
quantity of gasoline to be stored therein.
H. The type and construction of the tank or tanks and material
of which the tank or tanks are to be constructed.
I. The minimum depth of the top of the tank or tanks below
the ground where the same is placed.
J. The method of extracting gasoline from the tank.
K. A statement of the dimensions of the building and the
material (in relation to fireproof qualities) to be used.
L. The signature of the applicant.
The license fee for the operation of a motor vehicle service station
shall be $25 per year.
The license application shall be reviewed by the Building Inspector
and an official designated by the Fire Prevention Bureau. The former official
shall certify on the application as to its compliance with municipal regulations
regarding zoning, building and other ordinances; and the latter official shall
verify as to its compliance with the municipal fire prevention regulations. Each of the aforementioned officials shall then make a written
recommendation to the Mayor and Council who shall finally approve or reject
said application upon the basis of the requirements set forth in this chapter
and other ordinances, rules and regulations. Following approval of the application,
the license shall be issued by the Borough Clerk.
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 1,000 feet of any
plot of 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 public school conducted for children under 16 years of age
giving regular instruction at least five days a week for eight or more months
a year.
B. A hospital maintained as a charitable institution or
a private hospital maintaining at least 15 beds or patients.
C. A church with seating capacity for 100 or more persons.
D. Any apartment house, including garden apartments.
E. A theater containing at least 300 seats.
G. Any public playground or athletic field.
H. Any other motor vehicle service station.
The following restrictions shall be observed in reviewing applications
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 maximum width of 20 feet, subject to the state
highway regulations.
B. Adjacent building lines shall be approached not nearer
than 2 1/2 feet by any driveway.
No gas tank or motor vehicle service station shall be constructed on
the curb of any street in the municipality. Any further construction of a
tank or motor vehicle service station shall be at such 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
of the station is erected.
Each motor vehicle service station shall be conducted and maintained
in accordance with the provisions of the ordinances of the borough. Each motor
vehicle service station shall be subject to inspection by an official of the
Fire Prevention Bureau. 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 borough, to see that there is no dangerous accumulation
of waste or other combustible material on the premises and to report to the
Fire Prevention Bureau any violations 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 by leaving the same at the
place of business of such licensee.
A request for an exemption from any provision of this chapter by an
existing motor vehicle service station shall be made in writing, sworn to
under oath, and shall only be granted by the Mayor and Council if said request
discloses that the provision which is desired to be excepted imposes an undue
hardship upon the present motor vehicle service station owner.
There shall be no outside repairs on any motor vehicle, other than minor
repairs, nor shall any motor vehicle be permitted to remain outside that is
dismantled or unable to be moved on its own power.