With three committee members in attendance, the vote on a resolution opposing use of rights-of-way for PennEast surveys passed unanimously.
DELAWARE TWP. -- Add another "no" to the list of prohibitions Delaware Township has drawn up for PennEast Pipeline Co.
"We do not approve of PennEast's surveying activities in the public right-of-way," Township Committeeman Charles Herman said, reading from a draft resolution before the Township Committee Monday night.
The resolution cites an Oct. 9 notice from an attorney for PennEast asserting that New Jersey statute 46:11-1 allows PennEast surveyors to use the public right-of-way to perform survey work.
It also references the multiple resolutions Delaware has previously passed opposing the pipeline, including filing for intervenor status in the Federal Energy Regulatory Commission's review of PennEast's application.
"It's very nearly the same wording as the Hopewell resolution that was brought for us to consider," Herman explained to a roomful of residents. Both Hopewell and Kingwood have passed resolutions opposing PennEast surveying activities in public rights-of-way.
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With three members in attendance, the Township Committee voted unanimously Monday night to pass the resolution. There was little discussion before the vote, with members Susan Lockwood, Deputy Mayor Joe Vocke and Herman all in favor.
Following the vote, Lockwood suggested a cover letter be sent to PennEast with the resolution, indicating that PennEast representatives should not be contacting township officials, but rather township committee members. The members agreed to send that notice, along with all the resolutions that have been adopted so far concerning the pipeline project.
Residents had a lot to say after the resolution was passed.
"Thank you for adopting the resolution," Sam Thompson said, "but what legs does it have if there's a situation where PennEast does try to contact anybody?
Herman said that this resolution, like those of Kingwood and Hopewell, doesn't have any enforcement language. "But from Hopewell, I've heard that PennEast has been cooperative in following the resolutions they've passed, and they've packed up and left when asked."
"Not that they've been cooperative and don't come out in the first place," Thompson said.
Rather than encroachment on land, several residents raised concerns about low-flying aircraft overhead. "The first time one flew over I was out in the pasture, and I thought it was going to crash, it was so low," said Lisa Suydam. "It was right over the treetops."
Notice had been posted previously that aircraft would be flying overhead on Monday, but that didn't happen, several people said.
Carla Kelly-Mackey said many residents have horses that are easily spooked by low-flying planes and helicopters. "Horses are inherently unpredictable, and not knowing when these helicopters will show up is concerning," she said.
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Responding to requests from residents, Herman said he'd check to find out if fly-bys were being rescheduled. That didn't sit well with Thompson.
"So we're saying, 'Can you please give us notice before you come and terrorize our horses?' Since 86 percent of the township has opposed them, why don't we stand up and say, 'No, you can't do this?'"
Lockwood noted that residents don't control the airspace overhead, but others suggested there must be minimum altitudes for aircraft. Herman checked an email notice from the Federal Aviation Administration that spoke generally of minimum safe altitudes of 500 feet, except over water and "sparsely populated areas."
Suydam said the minimum altitude discussion was beside the point. "I thought we said they couldn't survey," she said. "How is it allowable for them to survey overhead?"
Lockwood suggested that might be a good argument for getting FERC to reject any data gathered from aircraft.
Sallie Graziano may be reached at sgraziano@njadvancemedia.com. Follow her on Twitter @SallieGraziano. Find The Hunterdon County Democrat on Facebook.