Pequannock Township
City Zoning Code

The purpose of this article is, to the extent permitted by state and federal law, to establish reasonable and uniform limitations, safeguards and regulations for present and future pipelines related to the transportation of oil and gas or other materials deemed hazardous by the Township through the Township to protect the health, safety and general welfare of the public; minimize the potential impact to property and persons; to the extent permitted by law, provide for separation between residential uses and incompatible pipeline uses; protect the quality of the environment; and encourage the safe and orderly transport of oil and gas resources.

As used in this article, the following terms shall have the meanings indicated:

All pipeline construction shall require site plan approval from the appropriate Township board, in accordance with § 360-61, Site plan approval. Site plan submission, as part of the required landscape plan, shall include a revegetation and restoration plan.

A pipeline corridor shall be sited so as to avoid significant impacts to resources (e.g., wetlands, floodplain, steep slopes/topography) to the maximum extent feasible.

No significant private land disturbance or construction or expansion of structures is allowed within the pipeline corridor.

The applicant shall comply with all applicable state and federal regulations and shall provide copies of the obtained state and/or federal permits, including proof of insurability, before initiating any work and maintain the required permits throughout the duration of all operations. The applicant shall notify the Township immediately of any suspension or revocation of the required state and/or federal permits. Upon notification of said suspension or revocation the Township-issued permits will hereby be deemed suspended or revoked until state and/or federal compliance.

Prior to development, the applicant shall provide the Township Police Department, Fire Department, Zoning Officer and Construction Official with a copy of its emergency response plan. Also, the applicant/operator shall, at its sole cost and expense, provide to the Township Police Department, Fire Department, Zoning Officer and Construction Official appropriate site orientation with adequate information and yearly training on dealing with any potential dangerous conditions that may result from development activities.

The purpose of this section is to ensure that the pipeline pathway defined by rights-of-way and easements is protected during construction as required below:

Except in an emergency, materials, equipment, tools or pipes shall not be delivered to or removed from a pipeline construction site through streets within a residential zone between the hours of 9:00 p.m. and 7:00 a.m. of the next day. Except in an emergency, materials, equipment, tools or pipes shall not be delivered to or removed from a pipeline construction site through streets within a residential zone on Saturday or Sunday.

After completion of backfilling and compacting of the pipeline ditch, the site shall be returned to grade where practical and the excess soil shall be removed to an appropriate disposal site.

Where pipeline segments carrying hydrocarbon liquids pass through sensitive resource areas (e.g., wetlands, floodplain, steep slopes/topography) as identified by the project environmental impact statement, provisions identified in the environmental impact statement shall be applied to minimize the amount of liquids released into sensitive areas in the event of a spill. The potential for damage in those areas shall be minimized by considering spill volume, duration and trajectories in the selection of a pipeline corridor. In addition, appropriate measures for spill containment and cleanup (e.g., catch basins to contain a spill) shall be included as part of the required emergency response plan.