§ 25-4-134. HAZARDOUS PIPELINES.

(A)

In this section:

(1)

HAZARDOUS PIPELINE means a pipeline designed for the transmission of a "hazardous liquid", as defined by Title 49, Code of Federal Regulations, Section 195.2, that has an inside diameter of eight inches or more.

(2)

RESTRICTED PIPELINE AREA includes an area within 25 feet of a hazardous pipeline and an area within a hazardous pipeline easement.

(B)

A subdivider shall determine whether a hazardous pipeline crosses a proposed subdivision.

(C)

A subdivider shall depict on the plat a restricted pipeline area, if any.

(D)

A residential lot that is less than one acre in size may not include a restricted pipeline area.

(E)

In calculating minimum lot area under this chapter, a restricted pipeline area is excluded.

(F)

A person may not place a structure or excavate within a restricted pipeline area.

(1)

This prohibition does not apply to:

(a)

the pipeline or an appurtenance;

(b)

a facility that produces, consumes, processes, or stores the product transported by the pipeline, including a power generation facility;

(c)

a utility line that crosses the restricted pipeline area, including an appurtenance to the line;

(d)

a utility service connection;

(e)

a road;

(f)

surface parking lot; or

(g)

a structure or excavation that the director determines does not disturb the pipeline or impede its operation.

(2)

Before a person may place a road, surface parking lot, or utility line in a restricted pipeline area, the person must deliver to the director a certification by a registered engineer stating that the proposed construction activity and structure are designed to prevent disturbing the pipeline or impeding its operation.

(G)

A person who seeks to convey a lot containing a restricted pipeline area shall, before title is transferred, deliver to the proposed grantee a document describing the restricted pipeline area, the limitations on its development, and the name and address of the pipeline owner or operator.

(H)

For a plat that includes a restricted pipeline area, a plat note restating Subsection (G) is required.

Source: Ord. 030410-12; Ord. 031211-11.