Any person or entity owning, operating or responsible for
operating a pipeline for the purpose of transporting a material.
A pipe of any size that is used to transport any and all
materials of any and all descriptions and used for any and all purposes.
This classification excludes pipelines for public utility operations.
(Ordinance O-2022-0712-A adopted 7/12/2022; Ordinance
O-2023-1212-E adopted 12/12/2023)
(a)
Pipelines shall be located so as not to interfere with or damage
existing utilities or facilities located in any public right-of-way,
utility easement or other city-owned property.
(b)
Before the construction and installation of any pipeline located
within the city, a pipeline operator shall be required to obtain a
pipeline permit from the city.
(c)
A pipeline operator shall be responsible to grade, level and
restore the property affected by pipeline construction to the same
surface condition, as nearly as practicable, as existed before operations
were first commenced within thirty (30) days after completion of the
pipeline. Any and all pipelines constructed and located over, under,
along, across, within or crossing a public road, public right-of-way,
utility easement or city-owned property located within the city limits
shall be located at a minimum depth of thirteen feet (13') from
the top of the pipe to surface, unless an alternative depth is approved
by the city. This requirement is also applicable to any planned roadway
that is part of the city's comprehensive plan and/or similar
roadway plan. A pipeline operator shall provide the city GPS mapping
information sufficient to locate the pipeline, inside the city limits
or within the city's extraterritorial jurisdiction.
(d)
Record drawings of the pipeline shall be submitted to the city
pursuant to requirements established by the city's engineer.
(e)
A pipeline operator shall confirm with the city the substance
to be transported by way of the pipeline. Additionally, a copy of
the substance material safety data sheet (MSDS) shall be provided
to the city upon application for a permit. The pipeline operator shall
provide the names, mailing addresses and telephone numbers of two
(2) primary persons, officers or contacts available on a twenty-four
(24) hour basis and at least 2 alternative persons that may be reached
by the city's chief of police or designee.
(f)
Pipeline construction and installation shall not only comply
with all provisions and regulations found within this article, but
with all applicable state and federal regulations, rules and laws.
(Ordinance O-2022-0712-A adopted 7/12/2022; Ordinance
O-2023-1212-E adopted 12/12/2023)
(a)
Review by city staff for all proposed pipelines located within
the city limits shall be required prior to the issuance of a pipeline
permit for the commencement of pipeline construction.
(b)
A pipeline permit application shall be required as follows:
(1)
Plans submitted with each application for a pipeline permit
shall be in a format approved by the city showing the dimensions and
location of the pipeline and related items or facilities, 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, rights-of-way and roadway improvements.
(2)
The following information concerning the pipeline operator shall
be provided:
(A)
The name, business address and telephone numbers of the pipeline
operator;
(B)
The names, titles and telephone numbers of the persons signing
the application on behalf of the pipeline operator and the person
designated as the principal contact for the submittal;
(C)
The origin point and destination of the proposed subject pipeline;
(D)
Identification of the substance to be transported through the
proposed subject pipeline;
(E)
A copy of the substance material safety data sheet (MSDS);
(F)
Engineering plans, drawings and/or maps which summarize specifications
concerning the location and depth of the pipeline;
(G)
The proposed method or methods to be used for the installation
of the pipeline;
(H)
A binder of certificates of all bonds and insurance applicable
to the project;
(I)
All easements, deeds or right-of-way agreements obtained by
the pipeline operator for the construction and installation of the
pipeline.
(Ordinance O-2022-0712-A adopted 7/12/2022; Ordinance
O-2023-1212-E adopted 12/12/2023)
(a)
A permit application shall be accompanied by a permit fee as prescribed in appendix A, fee schedule plus all applicable actual review costs.
(b)
An annual fee as prescribed in appendix A, fee schedule multiplied by the number of linear feet of public right-of-way or public utility easement that may be occupied by a pipeline shall be paid to the city. Payment for the first year shall be due within thirty (30) days of the pipeline's construction being completed. Payment for subsequent years shall be due on the same date for each respective year.
(c)
As an alternative to an annual fee, a one-time fee as prescribed in appendix A, fee schedule multiplied by the number of linear feet of public right-of-way or public utility easement that may be occupied by a pipeline shall be paid to the city. Payment shall be due within thirty (30) days of the pipeline's construction being completed.
(Ordinance O-2022-0712-A adopted 7/12/2022; Ordinance
O-2023-1212-E adopted 12/12/2023)
A violation of any section or provision of this article shall
be punishable by the issuance of a citation, which shall be a class
C misdemeanor, with jurisdiction in the city's municipal court.
Every day a violation occurs shall constitute a separate offense.
Nothing herein shall limit the ability of the city to seek any and
all other legal remedies available to it concerning the enforcement
of this article.
(Ordinance O-2022-0712-A adopted 7/12/2022; Ordinance
O-2023-1212-E adopted 12/12/2023)
