[HISTORY: Adopted by the Mayor and Council of the Borough
of Chatham 8-14-2017 by Ord. No.
17-09. Amendments noted where applicable.]
GENERAL REFERENCES
Land development regulations — See Ch. 165.
The provisions in this chapter apply to all oil and hazardous
substance pipelines proposed for siting and construction within the
Borough. To the extent any regulations within this chapter conflict
with state or federal regulations or laws regulating oil and hazardous
substance pipelines, those state or federal regulations and laws shall
take precedence over this chapter.
As used in this chapter, the following terms shall have the
meanings indicated:
A land use that, if located in the vicinity of an oil and
hazardous substance pipeline, represents an unusually high risk to
life in the event of a pipeline failure due to the characteristics
of the inhabitants or functions of the use. Critical land uses include
without limitation:
Child care;
Houses of worship and other religious institutions;
Hospitals;
Lodgings, including hotels, dormitories, and apartment complexes,
and office buildings, which may not lend themselves to a timely evacuation;
Open space uses, including Green Acres and Borough-owned lands
designated as open space preservation areas, historic preservation
areas, Blue Acres preservation areas, active recreation areas, and
passive recreation areas;
National Park Service designated national natural landmarks;
New Jersey Department of Environmental Protection ("NJDEP")
designated New Jersey Natural Areas and Natural Heritage Priority
Sites;
Senior and residential care facilities;
Institutional uses, including public and private schools, day-care
facilities, public buildings;
Improved or unimproved lands containing sole source aquifers;
and
Improved or unimproved land used for state highway and railroad
rights-of-way.
Those public facilities that provide basic health and safety
services to residents of and visitors to the Borough, including, without
limitation, potable water wells, water sanitation plants, water treatment
plants, sewage treatment plants, water storage facilities, municipal
telecommunication towers, police stations, fire and emergency medical
service stations, jails, courthouses, public health facilities, and
emergency operations centers.
Any substance designated under 40 CFR 116 pursuant to Section
311 of the Federal Water Pollution Control Act Amendments of 1972
(Clean Water Act, Public Law 92-500; 33 U.S.C. § 1251 et
seq.), the New Jersey Spill Compensation and Control Act, N.J.S.A.
58:10-23.11 et seq., or Section 4 of the New Jersey Water Pollution
Control Act, N.J.S.A. 58:10A-4 et seq., including without limitation
petroleum, petroleum products, pesticides, solvents and other substances.
A pipeline, whether above or below ground, that transports
or is designed to transport oil or other hazardous substance. As used
herein, a pipeline includes all parts of those physical facilities
through which oil or a hazardous substance moves or is meant to move
in transportation, including pipes, valves, and other appurtenances
attached to pipes, compressor units, pumping stations, metering stations,
regulator stations, delivery stations, emergency response terminals,
holders, breakout tanks, fabricated assemblies, and other surface
pipeline appurtenances.
The company, entity, or person(s) responsible for the operation,
maintenance and management of an oil and hazardous substance pipeline.
The company, entity, or person(s) that owns an oil and hazardous
substance pipeline.
The Borough Engineer may request preliminary as-built information,
including, without limitation, as-built drawings, a copy of GIS shapefiles
of the pipeline and its related appurtenances and facilities within
the Borough, and any additional requested information about the oil
and hazardous substance pipeline 90 days prior to the date the pipeline
is proposed to become operational within the Borough. Updated as-built
information, including, without limitation, as-built drawings, a copy
of GIS shapefiles of the oil and hazardous substance pipeline and
its related appurtenances and facilities within the Borough, and any
additional information requested by the Borough Engineer about the
pipeline shall be filed within 60 days after the oil and hazardous
substance pipeline has become operational with the Borough Engineer.
The pipeline owner and pipeline operator shall give public notice
48 hours prior to the proposed start date of construction of the oil
and hazardous substance pipeline to the Chief of Police, Fire Chief,
Borough Engineer and the Emergency Management Coordinator, or their
respective designees, and all property owners within 1,000 feet, as
shown on the current tax duplicate, of the pipeline alignment. All
property owners shall have access to their properties at all times
during pipeline construction.
Sixty days prior to the first date of operation of the oil and
hazardous substance pipeline, the pipeline owner and pipeline operator
shall meet with the Police Department, Fire Department, Borough Engineer,
and Emergency Management Coordinator, or their respective designees,
and submit to them an emergency preparedness plan ("EMP") for any
and all emergencies that may result in an accidental leak or failure
incident regarding the pipeline and its related appurtenances and
facilities. The EMP shall cover the requirements stated in 49 CFR
195.402 and 195.403 and shall identify a responsible local emergency
response official and a direct twenty-four-hour emergency phone number.
No oil and hazardous substance pipeline shall become operational,
nor shall any oil or hazardous substance be introduced into the oil
and hazardous substance pipeline prior to the pipeline owner and pipeline
operator receiving the prior written approval of the EMP by the Chief
of Police, Fire Chief, Borough Engineer and Emergency Management Coordinator,
or their respective designees.
A.
No pipeline owner or pipeline operator shall operate any oil and
hazardous substance pipeline or introduce any oil or hazardous substance
into an oil and hazardous substance pipeline without first obtaining
insurance policies covering general liability, environmental incidents
and contamination, and property damage in an aggregate amount to be
determined by the Borough Engineer based upon reasonable estimates
of potential liability and property damage that would result from
a leak, spill or other failure of the oil and hazardous substance
pipeline.
B.
Prior to the first operation of the oil and hazardous substance pipeline
and every year in which the oil and hazardous substance pipeline is
in operation thereafter, the pipeline owner or pipeline operator shall
submit insurance coverage certificates and endorsements to the Borough
Engineer adding the Borough as an additional named insured on the
insurance policies, demonstrating that the required policies and levels
of insurance have been obtained.
C.
The Borough of Chatham shall be provided with 10 days' written
notice of cancellation, material change or nonrenewal of insurance
policies and the pipeline owner or pipeline operator must cease operations
until insurance coverage, acceptable to the Borough of Chatham, is
in place.
Prior to the first operation of the oil and hazardous substance
pipeline, the pipeline owner and pipeline operator shall both agree
in writing to indemnify and hold harmless Chatham Borough, as well
as its officers, officials, supervisors, employees, agents, contractors,
and assigns, from any and all liability relating to or arising from
the oil and hazardous substance pipeline, including, but not limited
to, any failure, leak, spill, contamination, cleanup, remediation,
property damage, and personal injury from and related to such pipeline.
The indemnification and hold harmless agreement shall include a provision
for the payment of Chatham Borough's reasonable attorneys'
fees and litigation costs.
Any easements or rights-of-way obtained by the pipeline owner
or pipeline operator for the oil and hazardous substance pipeline
shall be recorded by the pipeline owner or pipeline operator in the
office of the County Clerk.
The pipeline owner or pipeline operator shall install and maintain
markers to identify the location of the oil and hazardous substance
pipeline in accordance with all applicable federal and state requirements.
In the event that a leak, spill, or failure has occurred with
the oil and hazardous substance pipeline, the pipeline owner and pipeline
operator shall notify the Chief of Police, Fire Chief, Borough Engineer
and the Emergency Management Coordinator, or their respective designees,
and all property owners within 1,000 feet of the affected pipeline
area, as shown on the current tax duplicate, within one hour of discovery
of the leak, spill or failure. The pipeline owner and pipeline operator
shall cooperate with Borough officials and make every effort to respond
as soon as possible to protect the public's health, safety, and
welfare. All leak or spill remediation plans shall be made in consultation
with the Borough, and no remediation may be deemed complete without
final approval thereof by the Borough Engineer and Emergency Management
Coordinator, or their respective designees. In the event that the
oil and hazardous substance pipeline is shut down due to a leak, spill,
or failure, the pipeline owner and pipeline operator shall not restart
the pipeline without the written approval of the Borough Engineer.
Following any repair(s) of an oil and hazardous substance pipeline,
any areas disturbed by such repair(s) shall be revegetated and restored
in accordance with the applicable provisions of the code at the pipeline
owner's and pipeline operator's sole cost and expense.
