Press Release: Middletown Residents Inform Township of Pipeline Zoning Complaint

April 3, 2017--Six residents of Middletown Township, Delaware County, have now notified Middletown Township that they believe it has a duty to enforce the Township Code’s provisions relating to minimum setback distances required from residential housing units to petroleum product pipelines. The six residents claim that, while the Township previously saw fit to grant easements to Sunoco Pipeline L.P. for its Mariner East 2 hazardous liquids pipeline project, Middletown has not waived its right to enforce the minimum setback provisions of § 210-37.

As alleged in their Complaint, § 210-37 of the Middletown Township Code requires that there be a minimum distance of 75 feet between a dwelling unit and a petroleum or petroleum products transmission line. The Code specifically states, “In no case shall there be a distance of less than 75 feet between a dwelling unit and a petroleum or petroleum products transmission line.”

The Code also provides that “[n]o petroleum, petroleum products or natural gas transmission line shall be constructed in a subdivision or land development on less than a fifty-foot easement. Such lines shall be installed in the center of the easement and shall comply with all applicable federal and state laws and regulations.”