(a)
The provisions of this part shall govern all unregulated pipelines
as defined in this article.
(b)
The following requirements shall apply to all unregulated pipelines:
(1)
No unregulated pipeline for the transportation of gas, oil, or hydrocarbons
from wells to be drilled shall be constructed or laid except on rights-of-way
or easements owned by the owners or operators of wells or third-party
pipeline companies, or upon designated drilling tracts and upon rights-of-way
or easements necessary to connect future wells to present lines.
(2)
In order to install, construct, maintain, repair, replace, modify,
remove, or operate an unregulated pipeline, the pipeline operator
must first obtain from the town an easement on, over, under, along
or across the town streets, sidewalks, alleys, and other town property.
Such easement shall continue for so long as pipeline operations continue
under any unregulated pipeline permit.
(c)
The pipeline operator of any unregulated pipeline shall do the following:
(1)
Not interfere with or damage existing utilities including but not
limited to: water, sewer or gas lines, storm drains, electric lines,
or the facilities of public utilities located on, under, or across
the course of such right-of-way.
(2)
Grade, level, and restore the affected property to the same surface
condition, as nearly practicable, as existed before operations were
first commenced.
(3)
Upon completion of pipeline construction the pipeline operator shall
provide the town with as-built or record drawings of the pipelines
within 60 days. Accuracy of the record drawings shall meet a survey
level of one foot to 50,000 feet. The scale of the record drawings
shall be a minimum of one inch to 40 feet. The drawings shall also
be supplied in a DFF digital file format.
(Ordinance 2011-12-6D, sec. 2.03
adopted 12/6/11)
(a)
At least 45 days prior to the scheduled commencement of the installation,
construction, reconstruction, reworking, modification, replacement,
or operation of a new unregulated pipeline, the pipeline operator
shall submit an application and pay a fee in the amount set in the
town’s fee schedule for a unregulated pipeline permit to the
town.
(b)
An unregulated pipeline permit application shall meet the following
requirements:
(1)
Any applications for a new unregulated pipeline or other activities
regulated by this part shall be submitted to the town on a form prescribed
by the town.
(2)
Each application for a unregulated pipeline permit shall be accompanied
by two paper sets and one electronic set of plans showing the dimensions
and locations of the unregulated pipeline and related items or facilities
within the subject right-of-way or easement, as well as all proposed
lift stations, pumps, or other service structures related to such
pipeline and the location, type and size of all existing utilities,
drainage, right-of-way, and roadway improvements. The plans must additionally
show the elevation and location of all known public utilities within
15 feet of the centerline of the proposed pipeline. Any application
that fails to meet these requirements will be returned as incomplete
to the applicant.
(3)
Within 30 days after the date of filing of said application and plans,
the administrator shall send notice to the pipeline operator as to
whether the application will be accepted for processing. If the application
is returned as incomplete, the administrator shall provide notice
to the pipeline operator of the deficiencies.
(c)
The following information shall be provided in the application for
a unregulated pipeline permit:
(1)
The name, business addresses and telephone numbers of the pipeline
operator.
(3)
The origin point and the destination of the proposed subject pipeline.
(4)
A text description of the general location of the proposed subject
pipeline.
(5)
A description of the substance to be transported through the proposed
subject pipeline.
(6)
A copy of the substance material safety data sheet (MSDS).
(7)
The maximum allowable operating pressure on the proposed subject
pipeline, along with the specified minimum yield strength (SMYS) of
the pipe, its pressure class and design calculations in accordance
with 49 CFR 192.105, assuming a class 3 or better location.
(8)
The normal operating pressure range of the proposed subject pipeline.
(9)
Engineering plans, drawings and/or maps with summarized specifications
showing the horizontal location, covering depths, and location of
shutoff valves of the proposed subject pipeline. (The location of
shutoff valves must be known in order for emergency responders to
clear area for access valves.) To the extent that information can
be obtained, drawings shall show the location of other pipelines and
utilities that will be crossed or paralleled within 15 feet of the
proposed subject pipeline right-of-way.
(10)
Detailed cross section drawings for all public street right-of-way
and easement crossings.
(11)
A proposed alignment strip map showing name and address of all affected
property owners.
(12)
To the extent not otherwise expressly stated in this section: all information and materials applicable to a pipeline required to be submitted for a permit under section 14.04.032 of this article; and a site plan as required under section 14.04.033 of this article containing all information applicable to a pipeline.
(13)
All required application and permit fees.
(Ordinance 2011-12-6D, sec. 2.03
adopted 12/6/11)
If the administrator determines that the unregulated pipeline
permit application is administratively complete, then the administrator
shall issue the unregulated pipeline permit.
(Ordinance 2011-12-6D, sec. 2.03
adopted 12/6/11)
(a)
Each pipeline operator subject to this part shall provide to the
inspector, the fire inspector, and the police chief the names, mailing
addresses and telephone numbers of at least two primary persons, officers
or contacts available on a 24-hour basis and at least two alternative
persons, officers or contacts to be reached in the event that the
primary contacts are unavailable who:
(1)
Can initiate appropriate actions to respond to an emergency.
(2)
Have access to information on the location of the closest shutoff
valve to any specific point in the town.
(3)
Can furnish the common name of the material then being carried by
the pipeline. Any change in the above information must be provided
to the town by contacting the inspector prior to such change.
(b)
Each pipeline operator subject to this part shall file a copy of
all initial or followup reports provided to the U.S. Department of
Transportation or the railroad commission on unsafe pipeline conditions,
pipeline emergencies or pipeline incidents within the town concurrently
with the town. In addition, such pipeline operator shall file any
initial or followup reports filed with state and federal environmental
regulatory agencies pertaining to pipeline releases within the town
concurrently with the town.
(c)
Upon written request, each pipeline operator subject to this part
shall make available during normal business hours and at the pipeline
operator’s local office, documents for review that are required
for submittal to or to be maintained on file for the U.S. Department
of Transportation and the railroad commission, including but not limited
to the following:
(Ordinance 2011-12-6D, sec. 2.03
adopted 12/6/11)
Nothing in this part shall be construed as an assumption by
the town of any responsibility of a pipeline operator of an unregulated
pipeline not owned by the town, and no town officer, employee, or
agent shall have authority to relieve a pipeline operator from their
responsibility under this part or by any other law, ordinance or resolution.
(Ordinance 2011-12-6D, sec. 2.03
adopted 12/6/11)
(a)
In the event an unregulated pipeline is placed within any public
right-of-way under the jurisdiction of the town, the pipeline operator
shall comply with the right-of-way use regulations as provided in
this code. Nothing in this part grants permission for the use of any
street, way or property of the town, and any such use shall be subject
to the town at its sole discretion.
(b)
To the extent that the provisions of this part conflict with the
town’s right-of-way use ordinance/regulations, this part shall
control.
(Ordinance 2011-12-6D, sec. 2.03
adopted 12/6/11)
(a)
Any pipeline operator subject to this part, who shall have failed
to comply with this division, shall be deemed to be maintaining a
nuisance and the town may take such measures to remedy such nuisance,
including but not limited to revocation of the pipeline operator’s
pipeline permit.
(b)
It shall be a violation of this part for a person to knowingly make
a misrepresentation of any information to be reported pursuant to
this division. It shall also be a violation of this part if the person
makes such misrepresentation as a result of failure to exercise such
due diligence of investigation or inquiry, as would a reasonably prudent
pipeline operator conducting business in the jurisdiction of the town.
(c)
The town shall be entitled to injunctive relief or any other appropriate
relief in a court of appropriate jurisdiction to prevent violation
of or to compel compliance with this part.
(Ordinance 2011-12-6D, sec. 2.03
adopted 12/6/11)
(a)
A pipeline operator of an unregulated pipeline shall comply with
the conditions established in this section governing mapping, inventorying,
locating, or relocating of unregulated pipelines within private residential
areas within the boundaries of the municipality.
(b)
All new or relocated unregulated pipelines within private residential areas shall be located within existing pipeline corridors within the town, unless the pipeline operator of the unregulated pipeline is able to demonstrate to the town council, pursuant to a variance request under section 14.04.004 of this article, that such alignment is infeasible. In addition to the criteria set forth in section 14.04.004 of this article, the town council shall consider the following criteria when determining the feasibility of locating the new or relocated unregulated pipeline in established pipeline corridors in the town:
(1)
The availability and cost of established pipeline corridor space.
(2)
The availability and cost of right-of-way to and from the established
pipeline corridor.
(3)
Technical, environmental, safety, efficiency, and cost issues related
to building, operating and maintaining both the portion of the unregulated
pipeline that would be located in the established pipeline corridor
and the lengths of unregulated pipeline required to gain access to
and from the established pipeline corridor.
(4)
Any delays in right-of-way acquisition or construction of unregulated
pipeline that may result from routing through an established pipeline
corridor.
(5)
The availability of an alternative right-of-way to the pipeline operator.
(c)
Where the town council determines it is not feasible for a new or
relocated unregulated pipeline to be located within an established
pipeline corridor within private residential areas, the unregulated
pipeline must:
(1)
For platted property, be located within mandatory front, side yard
or rear setback areas.
(2)
For unplatted property, be contiguous and adjacent to the property
boundaries of fee parcels or existing easements to avoid unnecessary
fragmentation of land and avoid diagonal routes that would create
unusable slivers of land.
(3)
Avoid areas of unique recreational or aesthetic importance, environmentally
sensitive areas, and areas of historical or cultural significance.
(4)
Avoid conflict with the location and opening of planned future streets and laying of planned water, sanitary sewer and storm sewer lines incident to future private residential area development. The ultimate location of an unregulated pipeline that is infeasible of being located or relocated within an established pipeline corridor within the town shall be established by the town council during the variance procedure pursuant to section 14.04.004 of this article, taking into account the requirements of this subsection (c).
(d)
The burden of establishing that a pipeline is an unregulated pipeline
as defined in this article shall be on the pipeline operator. If a
pipeline operator asserts that a pipeline is an unregulated pipeline
as defined in this article, the pipeline operator shall file a notice
so providing with the administrator with the permit application required
by this article, accompanied by facts and documentation sufficient
to establish such status. The administrator shall review such notice
and documentation and, with the assistance of the town attorney, shall
determine whether such pipeline is an unregulated pipeline as defined
in this article. If the administrator determines that such pipeline
is a regulated pipeline, as opposed to an unregulated pipeline, it
shall be so treated; provided, however, that the pipeline operator
may appeal such determination as provided in this article.
(Ordinance 2011-12-6D, sec. 2.03
adopted 12/6/11)
(a)
When one or more residential lots in a proposed subdivision are crossed
or come by or come within 100 feet of any existing oil or gas pipeline
or pipeline easement, the subdivider shall, prior to and as a condition
of town approval of the subdivision, execute the following waiver
and hold harmless agreement, which shall be duly acknowledged in the
manner provided by law, and which shall thereafter be recorded in
the appropriate deed or other permanent county records:
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“[Subdivider Name], by and through its duly undersigned
and authorized officer, does hereby state that it fully realizes that
it is applying for a permit from the Town of Fairview to build within
100 feet of an existing oil or gas pipeline or pipeline easement,
and that the Town of Fairview considers building near such pipeline
or pipeline easement to have certain inherent dangers, including but
not limited to explosion and release of noxious, toxic and flammable
substances. For the aforementioned reasons [Subdivider Name] hereby
RELEASES AND AGREES TO FOREVER DEFEND, PROTECT, INDEMNIFY AND HOLD
HARMLESS THE TOWN OF FAIRVIEW, TEXAS, ITS OFFICERS, OFFICIALS, EMPLOYEES,
SUCCESSORS, AND ASSIGNS FROM ALL LIABILITY IN ANY WAY ARISING FROM
THE BUILDING, USE OR HABITATION OF [STRUCTURE DESCRIBED IN THE SAID
PERMIT].”
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(b)
In all cases in which one or more residential lots in a proposed
subdivision are crossed or come by or come within 100 feet of any
existing oil or gas pipeline or pipeline easement, the subdivider
shall provide a note on the face of the development plan and record
plat stating that the subdivision is crossed or is located within
100 feet of an existing oil or gas pipeline, and indicate the location
of such pipeline on the face of the development plan and record plat.
(Ordinance 2011-12-6D, sec. 2.03
adopted 12/6/11)
(a)
Any person, firm or corporation wishing to obtain a building permit
for the erection, construction, reconstruction or expansion of any
structure, of which any portion of such erection, construction, reconstruction
or expansion would occur within 100 feet of an existing oil or gas
pipeline or pipeline easement shall, prior to and as a condition of
the issuance of such building permit, execute the following waiver
and hold harmless agreement, which shall be duly acknowledged in the
manner provided by law and which shall thereafter be notarized and
recorded in the appropriate deed or other permanent county records:
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“I, [Applicant’s Name], do hereby state, on my oath,
that I fully realize I am applying for a permit from the Town of Fairview
to build within 100 feet of an existing oil or gas pipeline easement;
that I am fully aware of the dangers inherent in building near such
pipeline or easement, including but not limited to explosion and release
of noxious, toxic and flammable substances; and, further, that I DO
HEREBY RELEASE AND AGREE TO FOREVER DEFEND, PROTECT, INDEMNIFY AND
HOLD HARMLESS THE TOWN OF FAIRVIEW, TEXAS, ITS OFFICERS, OFFICIALS,
EMPLOYEES, SUCCESSORS AND ASSIGNS FROM ALL LIABILITY IN ANY WAY ARISING
FROM THE BUILDING, USE OR HABITATION OF THE STRUCTURE DESCRIBED IN
THE SAID PERMIT.”
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(b)
Prior to beginning any excavation, trenching or digging using powered
equipment or hand tools that may damage a pipeline, any person within
the town shall be required to contact the one call system and any
other appropriate underground utility coordinating systems and determine
if there are any pipelines or public utilities in the vicinity of
the proposed activities.
(c)
If physical contact is made with a pipeline during any excavation,
trenching or digging, the pipeline operator must be notified by the
person or agency making the physical contact with the pipeline for
any necessary pipeline inspection or repair.
(Ordinance 2011-12-6D, sec. 2.03
adopted 12/6/11)
