[Ord. No. 2020-2313, 4/14/2020]
1. The purpose of this Subpart is to help prevent and minimize unnecessary
risk to the public health, safety and welfare due to transmission
pipelines and ensure consistency with the intent of the Borough's
Comprehensive Plan. Recognizing it is impossible to eliminate risk
entirely, this Subpart is intended to:
A. Minimize the likelihood of accidental damage to transmission pipelines
due to external forces, such as construction activity and equipment.
B. Avoid exposing land uses with high on-site populations that are difficult
to evacuate.
C. Help reduce adverse impacts in the event of a pipeline failure.
D. Ensure compliance with and supplement existing federal and state
regulations related to transmission pipeline corridor management,
among them the Federal Energy Regulatory Commission (FERC), the Pennsylvania
Oil and Gas Act, as amended, and Pennsylvania case law.
[Ord. No. 2020-2313, 4/14/2020]
1. Setbacks.
A. New residential buildings and all new commercial, industrial and
institutional uses, other than those surface uses affiliated with
transmission pipelines, shall be set back a minimum of 300 feet from
any existing or proposed transmission pipeline right-of-way; such
uses shall be set back from natural gas compressor stations or other
surface land uses affiliated with transmission pipelines a minimum
of 750 feet, or 500 feet from the nearest lot line of natural gas
compressor stations or other surface land uses affiliated with transmission
pipelines, whichever is greater. Other unoccupied residential or nonresidential
accessory uses such as but not limited to detached garages, parking
areas, storage facilities or garden sheds shall not be located within
200 feet of any pipeline right-of-way. While these setbacks originated
in amendments to the Pennsylvania Oil and Gas Act (Act 13 of 2012),
the Borough intends to monitor emerging science on setback safety
and revise these standards periodically. Where yard area or other
setbacks of the underlying zoning district contradict these standards,
the larger of the setbacks shall apply.
B. Setbacks may be modified by the Borough pursuant to the type of material
being managed at the surface land use affiliated with transmission
pipelines, whether the use is adjacent to areas of high on-site population,
and the current status of science regarding safety protocols in proximity
to pipelines or surface land uses affiliated with transmission pipelines.
The Borough shall, on a case-by-case basis, determine if increased
setbacks are warranted consistent with the potential impact radius
(PIR), defined by the relationship between the diameter of the adjacent
pipeline (and appurtenances) and its maximum operating pressure (Attachment
4), whether high on-site populations are located in close proximity
(often referred to as "high consequence areas"), and whether more
than one transmission pipeline (such as coupled lines) will be managed
at the surface land use affiliated thereto. The PIR approach is applicable
only to surface land uses affiliated with gas or petroleum gas transmission
pipelines as defined by 49 CFR 192.3, as amended and incorporated
herein by reference. Surface land uses affiliated with transmission
pipelines carrying hazardous liquids, as defined by 49 CFR 195.2,
as amended and incorporated herein by reference, shall adhere to the
setback standards contained in this subsection.
C. No activity or grading within the pipeline setback shall create depressions
or areas in which flammable or explosive materials may collect or
accumulate; examples include but are not limited to grading for structures,
stormwater management facilities or landscape beds. Furthermore, pipeline
rights-of-way shall be identified and protected during construction
by erecting suitable temporary barricades (nondisturbance fencing
or silt fencing) and posting notices on site.
2. Consultation Zone.
A. Any application, other than those surface uses affiliated with transmission
pipelines, for new residential structures and all commercial, industrial
and institutional uses (whether Class 1, 2, 3 or 4 locations pursuant
to Attachment 4), proposed within 660 feet of any existing or proposed
transmission pipeline right-of-way shall include written verification
from the applicant that:
(1)
The applicant has contacted the pipeline operator(s) and has
provided the pipeline operator(s) with documentation detailing the
proposed development activity and where the activity is to take place;
(2)
The applicant has made sufficient access to the pipeline available
to the pipeline operator(s) for routine maintenance and emergency
operations; and
(3)
The pipeline operator(s) has reviewed the documents for compatibility
with continued or proposed safe operation of the transmission pipeline(s).
B. It shall be clear in the written notification submitted with the
application that the pipeline operator(s) has received and acknowledged
documentation showing the proposed activity and its location.
3. Land Uses with High On-Site Populations.
A. Applicants for land uses with high on-site populations within 660
feet of a transmission pipeline shall develop appropriate mitigation
measures to help reduce adverse impacts in the event of a pipeline
failure. Such measures and/or corresponding plans shall be submitted
to the Borough for review. Land uses with high on-site populations
include schools (through grade 12), hospitals, clinics, multifamily
housing, retirement and/or life care facilities, stadiums or arenas,
day-care centers, or large-scale commercial, industrial or institutional
uses of 50 or more persons.
B. Mitigation measures intended to reduce risk and minimize impact in
the event of a pipeline failure include but are not limited to: emergency
procedures such as emergency plans and guides, employee training and
drills, and education programs for occupants and employees concerning
pipeline safety, such as what to be aware of and how to respond in
the event of a problem. Applicants shall consult with the Fire Chief
regarding the level of emergency planning and procedures appropriate
for the proposed development; the Fire Chief may also require submission
of plans for review and approval where deemed appropriate.
[Ord. No. 2020-2313, 4/14/2020]
1. Applicants shall consider existing or proposed pipelines in their
design and placement of lots, structures and roads. Specifically,
consideration shall be given to incorporating the linear appearance
of the pipeline right-of-way into the overall development design or
landscaping in a manner that works with or minimizes the linear appearance
of the pipeline right-of-way. Attempts shall be made to avoid creating
a bisecting and unnatural linear space that does not relate to the
land development.
2. The applicant shall provide a plan prepared by a landscape architect
licensed in Pennsylvania showing landscaping proposed to be installed
to minimize the linear appearance of the pipeline right-of-way and
screen and buffer new development from transmission pipelines in the
event of an accident or failure. Landscaping can be used both to minimize
the linear appearance of the pipeline right-of-way and buffer structures
from those remedial activities associated with pipeline failure and
cleanup.
3. The landscape plan shall incorporate a mix of native vegetation, including evergreens, shrubbery and trees, which shall be of sufficient density to meet the objectives outlined herein while permitting suitable points of access for pipeline personnel providing routine maintenance. Existing vegetation in proximity to transmission pipelines shall be preserved to the greatest extent possible. All proposed landscaping shall comply with the requirements of this Subpart and Chapter
22, Subdivision and Land Development.
[Ord. No. 2020-2313, 4/14/2020]
1. Applicants shall consult with transmission pipeline operators to
determine the need for, number of, and placement of utility identification
signs, appropriate warning signs and owner identification signs. The
number and placement of signs and their content shall be shown on
plan submissions.
2. All excavations shall be marked after both temporary and permanent
restoration. Where a pipeline crosses a public road, the location
of the pipeline shall be marked by appropriate posts over the center
of each pipeline. The posts shall be placed on both sides of the roadway
on or one foot inside the right-of-way line and shall contain all
information required by federal regulations with, as a minimum, the
name and local address of the pipeline company offices and a phone
number to call that will provide immediate response in the event of
an emergency.