[HISTORY: Adopted by the Mayor and Council of the Borough of East
Rutherford 1-1-1982 as Sec. 4-11 of the 1982 Recodification. Amendments noted
where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
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.[1] 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.
F.
A public library.
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:
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.
A.
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 satisfy and
safely sustain a hydrostatic test at least double the pressure to which the
tank may be subjected. 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.
B.
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.
C.
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
are to be buried in such locations as may be approved by the Fire Prevention
Bureau 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.
D.
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 5,000 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.
A.
All gasoline gauging or vending devices shall be of approved
type and shall be substantially secured to concrete or masonry foundation.
Stanchions shall be suitably located and be of proper design and dimension
to prevent under normal circumstances any portion of a motor vehicle from
colliding with the device.
B.
Systems wherein continuous pressure is maintained on
the gasoline 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.
D.
Devices which discharge by gravity shall be so designed
so 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.
A.
Provision shall be made by way of grading driveways,
raising door sills 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 the Fire
Prevention Bureau for use in explosive atmospheres.
C.
Drainage from crank cases shall be kept in suitably 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
as directed by the Fire Prevention Bureau shall be placed in close proximity
to said flammable liquids. 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.
F.
There is to be no outside storage of supplies or materials,
except in metal racks or cabinets not to exceed seven feet in height.
G.
There is to be no outside storage of used parts or used
tires.
H.
Motor vehicles are not to be sold or displayed for sale
on the premises.
I.
No repair work shall take place outside the station building,
except for incidental minor repairs.
J.
Lighting poles are not to exceed 16 feet in height and
are to be properly shaded to protect adjoining property owners.
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.[1]
