[HISTORY: Adopted by the Mayor and Council of the Borough
of Fanwood 3-6-2017 by Ord. No.
17-04R. Amendments noted where applicable.
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;
High-rise buildings, including hotels, dormitories, 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, farmland 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;
[Amended 4-17-2017 by Ord. No. 17-07R]
Institutional uses, including public and private schools, day-care
facilities, and public or quasi-public buildings; and
[Amended 4-17-2017 by Ord. No. 17-07R]
Land-traversing sole-source aquifers.
[Added 4-17-2017 by Ord.
No. 17-07R]
Those public facilities which provide basic health and safety
services to residents and visitors of the Borough of Fanwood, including,
without limitation, water sanitation plants, water treatment plants,
sewer treatment plants, water storage facilities, municipal telecommunication
towers, police stations, fire stations, jails, courthouses, public
health facilities, and emergency operations centers.
[Amended 4-17-2017 by Ord. No. 17-07R]
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, which transports
or is designed to transport oil or other hazardous substances. 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.
A.
Applicability. The provisions in this section apply to all oil and
hazardous substance pipelines proposed for construction and siting
within the Borough. To the extent any regulations within this section
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.
B.
Uses. Oil and hazardous substance pipelines that are not providing
services to the public as end users and are not regulated by the New
Jersey Board of Public Utilities are prohibited in all residential
zones and districts within the Borough and shall constitute conditional
uses in all other zones and districts within the Borough subject to
the provisions of this chapter.
C.
Development and construction of oil and hazardous substance pipelines.
The following requirements and standards shall apply for the development
and construction of any oil or hazardous substance pipeline within
the Borough:
(1)
Application and approvals. A resolution of approval by the Borough
Planning Board shall be required prior to the construction of any
oil and hazardous substance pipeline within the Borough. An original
application for a pipeline approval and permit shall be submitted
to the Borough Planning Board Secretary with a copy submitted to the
Borough Engineer. Such application shall include:
(a)
Three sets of plans showing the dimensions, valving frequency,
and proposed construction and siting of the oil and hazardous substance
pipeline, related appurtenances and facilities;
(b)
Detailed cross-section drawings for all proposed pipeline public
street rights-of-way, closings and easements, wetlands and New Jersey
open waters crossings;
(c)
A flow diagram showing the daily design capacity of the proposed
oil and hazardous substance pipeline;
(d)
A description of any changes in flow in the oil and hazardous
substance pipeline once in operation;
(e)
The proposed maximum operating pressure, in pounds per square
inch gauge (psig) at all points of change in elevation greater than
500 feet, or every 500 feet in length as a minimum; and
(f)
Diagrams and descriptions of all pipeline monitoring facilities
and shutoff/flow control valves proposed to be located in or closest
to the municipality.
[Added 4-17-2017 by Ord.
No. 17-07R]
(2)
Required setbacks. To promote the public health, safety, and general
welfare and to mitigate the aesthetic and environmental impacts of
the oil and hazardous substance pipeline and to minimize the potential
damage or interruption to essential public facilities by the oil and
hazardous substance pipeline, the construction and siting of any oil
and hazardous substance pipeline in the Borough shall require the
following setbacks:
(a)
Wellhead protection areas. Except as otherwise set forth in
this section or as approved by the Borough Engineer as part of the
pipeline permit and approval process where adequate mitigation measures
have been demonstrated by the applicant, the oil and hazardous substance
pipeline shall not be located within the vicinity of a wellhead protection
area ("WPA"), and shall not be located closer than 2,500 feet in a
Tier 1 WPA, 1,000 feet in a Tier 2 WPA, and 500 feet in a Tier 3 WPA.
(b)
One-hundred-foot setbacks. Except as otherwise set forth in
this section, oil and hazardous substance pipelines shall not be constructed
and sited closer than 100 feet from:
[1]
Any wetlands;
[2]
Any year-round, naturally occurring creek, stream, river, private
or public well, or pond, unless approved by the Borough Engineer as
part of the pipeline permit and approval process where adequate mitigation
measures have been demonstrated by the applicant; or
[3]
Any property in a business district or where a business is located.
(c)
One-hundred-fifty-foot setbacks. Except as otherwise set forth
in this section, oil and hazardous substance pipelines shall not be
sited closer than 150 feet from any residential property, zone or
district on level grade.
(d)
Two-hundred-fifty-foot setbacks. Except as otherwise set forth
in this section, oil and hazardous substance pipelines shall not be
constructed and sited closer than 250 feet from any residential property,
zone or district where the residential property, zone or district
is located downhill from the pipeline at a grade equal to or greater
than 5%, except that oil and hazardous substance pipelines shall be
located on slopes of a grade equal to or greater than 15%.
(e)
One-thousand-foot setbacks. Except as otherwise set forth in
this section, oil and hazardous substance pipelines shall not be constructed
and sited closer than 1,000 feet from any critical land use lot or
essential public facilities structure.
(f)
Wellhead protection or sole-source aquifer areas. Except as
otherwise set forth in this section or as approved by the Borough
of Fanwood Engineer as part of the pipeline permit and approval process
where adequate mitigation measures have been demonstrated by the applicant,
the oil and hazardous substance pipeline shall not be located within
a sole-source aquifer or in the vicinity of a wellhead protection
area (WPA), as is defined in the Borough of Fanwood Code, and shall
not be located closer than 2,500 feet in a Tier 1 WPA, 1,000 feet
in a Tier 2 WPA, and 500 feet in a Tier 3 WPA.
[Added 4-17-2017 by Ord.
No. 17-07R]
(3)
Submittal of additional information. If requested by the Borough
Engineer, 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
shall be filed 90 days before the date the pipeline is proposed to
become operational with the Borough Engineer. 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.
(4)
Construction. The pipeline owner and pipeline operator shall give
notice 48 hours prior to the proposed start date of construction of
the oil and hazardous substance pipeline to all affected residents,
businesses (including agricultural businesses) and to the Borough
Engineer and Police Department. Private property owners and business
owners shall have access to their properties at all times during pipeline
construction.
D.
Emergency preparedness plan. 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 Borough Police Department
and Engineer 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 Borough
Engineer and Chief of Police.
E.
Insurance. 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 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.
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,
adding the Borough as an additional named insured on the insurance
policies, demonstrating that the required policies and levels of insurance
have been obtained.
F.
Indemnification and hold harmless. 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
the 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 the Borough's reasonable
attorneys' fees and costs.
G.
Easements. 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.
H.
Marking. 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.
I.
Pipeline failure and remediation. 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 Borough
Engineer, the Borough Police Department, and all property owners within
1,000 feet of the affected pipeline area within one hour of discovery
of the leak, spill or failure. The pipeline owner and pipeline operator
shall cooperate with the Borough's 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. 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.
J.
Repair. 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 Borough
of Fanwood Code at the pipeline owner's and pipeline operator's
sole cost and expense.
[Amended 4-17-2017 by Ord. No. 17-07R]
