[Added 8-22-2017 by Ord.
No. 2017-13]
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 parts of those physical facilities through which gas
or oil moves in transportation, including but not limited to pipe,
valves and other appurtenance associated with the pipe, whether or
not laid in public or private easement or public or private right-of-way
within the Township.
The pipeline pathway defined by rights-of-way and easements
in which the gas or oil pipelines are located, including rights-of-way
and easements over and through public or private property.
Any person owning, operating or responsible for operating
a pipeline.
A pipeline that under federal and state rules and regulations
is not exempt from Township regulations and ordinances regarding construction
standards or reporting requirements.
A pipeline that under federal and state rules and regulations
is exempt from Township regulations and ordinances regarding construction
standards, safety standards or reporting requirements.
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.
A.
The pipeline corridor shall be
of sufficient width so as to provide, within the pipeline, a thirty-foot
setback from the edge of all corridor boundaries.
B.
The Zoning Officer and/or Construction
Official may expand the required setback when necessary due to site-specific
conditions such as extraordinary land disturbance and topography.
C.
Exemption: municipal rights-of-way.
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:
A.
No significant land disturbance
or construction is allowed within the defined right-of-way or easements
of transmission pipeline corridors.
B.
Pipeline corridors shall be identified
and protected during construction by placement of a temporary barricade
and on-site notices as approved by the Construction Official. Barricades
and on-site notices are subject to review by the Zoning Officer and/or
Construction Official.
[Amended 4-27-2021 by Ord. No. 2021-05]
C.
On sites that directly abut or
are located within the pipeline corridor, the Township shall verify
that applicants and designees have notified utilities before issuing
development permits for land disturbance or other significant work.
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.
A.
Performance bond. A two-year
performance bond shall be provided in an amount sufficient to ensure
completion of requirements of the approved revegetation and restoration
plan and shall be released upon satisfactory completion and confirmation
that the revegetation is successful.
B.
Inspection of disturbed areas.
Disturbed areas shall be jointly inspected by the applicant and Township
representative 12 months after completion of construction to assess
the effectiveness of the revegetation and restoration plan. This inspection
shall continue on an annual basis to monitor progress in returning
the site to pre-construction conditions or until additional monitoring
is not deemed necessary by the Township. Inspection results shall
be submitted annually to the Township and additional treatment of
the site shall be applied as deemed necessary by the Township.
C.
Visual compatibility. Aboveground
sections of the pipeline and related facilities, excepting those installed
on a temporary basis for a testing period not to exceed 12 months,
shall be visually compatible with the present and anticipated surroundings
by use of any and all of the following measures, where applicable:
buffer strips; depressions, natural and artificial; screen plantings
and landscaping continually maintained; and camouflage and/or blending
colors.
D.
Noise. Proposed facilities shall
be designed and housed so that the noise generated by the facilities
as measured at the property boundaries, right-of-way or easement shall
be equal to or below the existing noise level of the surrounding area
except under temporary testing or emergency situations. Measures to
reduce adverse impacts (e.g., due to noise or vibration) to the maximum
extent feasible shall be used for facilities located adjacent to noise-sensitive
locations.
