Loading...
HomeMy Public PortalAboutOrdinance No. 1142-09 03-10-2009 1142-09 CITY OF RICHLAND HILLS ORDINANCE NO. AN ORDINANCE OF THE CITY OF RICHLAND HILLS, TEXAS ADOPTING A NEW ARTICLE IX OF CHAPTER 86, THE UTILITIES CHAPTER OF THE CITY CODE, ESTABLISHING A COMPREHENSIVE SET OF REGULATIONS GOVERNING THE REGISTRATION, LICENSING, AND AESTHETICS OF OIL AND GA5 PIPELINE FACILITIES AND THE COMPATIBILITY OF PIPELINE FACILITIES WITH EXISTING AND PERMITTED LAND USES; ESTABLISHING CERTAIN INSURANCE, INDEMNITY AND BOND REQUIREMENTS; ESTABLISHING VARIANCE AND APPEAL PROCEDURES; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAU5E; PROVIDING A PENALTY FOR VIOLATION; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION AS REQUIRED BY LAW; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Richland Hills is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the City has the authority and power to adopt regulations governing the use of land in the interest of the public health, safety and welfare of its citizens and providing for the orderly development of land within the City; and WHEREAS, the City has the authority to control use of City streets and rights-of--way, parks, and other Ciry-owned property; and WHEREAS, concerns regarding aesthetics, compatibility of land uses, and preservation of property values create the need to enact provisions regulating the operation and impact of oil and gas pipelines; and WHEREAS, the City Council recognizes that there are certain federal and state regulatory schemes governing the safety of certain pipelines and the regulations set forth herein are designed to acknowledge those certain safety concerns which preempt municipalities from regulating pipeline safety; and WHEREAS, the City Council now deems it necessary for the orderly and healthful development of the City, and in the best interest of the City, to adopt provisions regulating the operation and impact of oil and gas pipelines, including the registration of pipelines and licensing of the City streets and rights-of-way, as well as other City-owned property, including parks, for use by pipeline operators; and WHEREAS, the City Council deems it advisable to adopt standards governing the registration of installation and maintenance operations of pipelines not otherwise preempted by Federal or State statutes and regulations and, in accordance with its inherent police powers as a home-rule municipality and Section 121.202 (b) (2) of the Texas Utilities Code, to adopt regulations that establish "conditions for mapping, inventorying or relocating pipelines over, under, along, or across a public street or alley or private residential area in the boundaries of a municipality"; and WHEREAS, the City has complied with all requirements and laws dealing with notice, publication and procedural requirements for the adoption of this Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF RICHLAND HILLS, TEXAS: SECTION I. ADDITION OF ARTICLE IX REGULATING OIL AND GAS PIPELINES There is hereby added a new Article IX of Chapter 86 of the Richland Hills City Code, which new Article shall provide as follows: ARTICLE IX OIL AND GAS PIPELINE REGISTRATION Section 86-501 Purpose. It is hereby declared to be the purpose of this Article to acknowledge federal and state regulatory schemes governing the safety of certain Pipeline Facilities, as defined herein, and to the extent permitted by federal and state law, to establish registration requirements consistent with those regulatory schemes for present and future operations related to transporting oil, gas and other substances produced in association with oil and gas within public rights-of--way and properties within the corporate limits of the City to minimize the potential aesthetic and financial impact to adjacent property and property owners; to provide certain regulations for Pipeline Facilities in private residential areas to minimize burdens on residential tracts of land caused by easements and utility uses that unreasonably burden the use and development of such residential tracts; to enhance the aesthetic quality of the environment within the City; to encourage the orderly development of private and public infrastructure resources, and to establish a structure for the licensing of City- owned streets, rights-of--way and other property for the use by pipeline operators. Section 86-502 Def nitions. All technical industry words or phrases related to the drilling and production of wells not specifically defined shall have the meanings customarily attributable thereto by prudent operators in the oil and gas industry. For the purposes of this Article, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Ambient noise level: The all-encompassing noise level associated with a given environment, being a composite of sounds from all sources at the location, constituting the normal or existing level of PIPELINE ORDINANCE Page 2 W:\Ftichland Hills\Ordinance\Pipeline ordinance.3.10.09.wpd environmental noise at a given location prior to the development activities subject to regulation by this Article. Applicant: A person requesting a license to use City right-of--way or property including, but not limited to the Applicant's heirs, legal representatives, successors or assigns. City: The City of Richland Hills, Texas. City Council: The City Council of the City of Richland Hills. Critical Infrastructure: Shall have the meaning set forth in Section 421.001 of the Texas Government Code. Existing Pipeline corridor: Either (1) an area within a public right-of--way in which City-owned and/or franchised utilities are already located or within which franchised utilities are to be located; or (2) a utility easement created to contain either (a) a utility other than a pipeline; or (b) a pipeline which pre-existed the pipeline under consideration. Franchised Utility: An entity authorized to provide utility services to the City pursuant to a franchise agreement with the City; provided, however, that such definition shall not extend to any pipelines or other utility lines which collect or transport gas, hazardous liquids or chemicals from wells located within the City into a larger pipeline system, regardless of whether such pipelines are owned by an entity which holds a franchise within the City for other purposes. Gas Compressor Station Equipment: Those Pipeline facilities that are ancillary to and located on the site of a gas compressor unit. Gas Compressor Unit: A device or equipment that compresses natural gas after production which is part of the Pipeline Facility. Gas Regulator Station Equipment: Those facilities that regulate the pressure of natural gas after production. License: An authorization which is not an interest in real property granted by the City Council to use City right-of--way or other City property pursuant the terms and conditions approved by the City Council. Landscape Administrator: The City Manager or the City Manager's designated representative assigned to administer the City's Landscape Ordinance, codified as Chapter 48 of the City Code, as amended. Pipeline Administrator: The City Manager or the City Manager's designated representative assigned to administer this Article. PIPELINE ORDINANCE Page 3 W:Utichland HiIIs~Ordinance~Pipeline ordinance.3.10.09.wpd Pipeline: Shall have the same meaning as set forth in Section 192.3 of Title 49n of the Federal Code of Regulations. Pipeline Facility(ies): Shall have the same meaning as set forth in Section 192.3 of Title 49n of the Federal Code of Regulations. Pipeline Operator: Any person owning, operating or responsible for operating a Pipeline Facility. Private Residential Area: Any lot, property or area which is within the territorial limits of the City which is subject to a temporary or permanent residential or multi-family zoning classification or which is currently being used for residential purposes. Record Drawings: As-built drawings of a Pipeline Facility for which a registration was approved with the requirements of this Article. Structure: Without limitation, any building or combination of related components constructed in an ordered scheme that constitutes a work or improvement constructed on or affixed to land, including but not limited to habitable structures, partially enclosed structures and enclosed tanks. Section 86-503 Pipeline Registration Required. It shall be unlawful for any person, acting either for himself or as an agent, employee, independent contractor or servant of any other person, to commence to install, construct, reconstruct modify, replace or operate Pipeline Facility or any section of Pipeline Facility or to assist in the installation, construction, reconstruction, modification, replacement or operation of a Pipeline Facility in, over, under, along or across a City street, alley or other right-of--way or in, over, under, along or across a Private Residential Area, unless such person first registers such Pipeline in accordance with this Article. The purpose of this registration requirement is to establish conditions for mapping, inventorying, locating or relocating pipelines in, over, under, along or across a City street, alley or other right-of--way or a Private Residential Area. Section 86-504 Variance Procedure. a. A Pipeline Operator submitting a registration request for approval as required by this Article may apply for a variance from the requirements of this Article by submitting a written request for variance to the Pipeline Administrator. The request must include the following, where applicable: 1. a description of the requested variance and an explanation of why it should be granted; and 2. a brief description of alternatives considered and why the requested variance is the preferred alternative; and 3. a description of the economic consequences if the variance is not granted; and PIPELINE ORDINANCE Page 4 W:Utichland Hills\Ordinance\Pipeline ordinance.3.10.09.wpd 4. a description of how the variance is consistent with the goals and purposes of this Article; and 5. a site plan of the site visually depicting the requested variance if the variance requested involves locating the proposed Pipeline contrary to the requirements of this Article; and 6. a consent agreement signed by all owners of the surface estate of any lot or property upon or under which the Pipeline is to be placed or evidence that the Pipeline Operator owns the lot or property. b. The Pipeline Administrator shall review the application for completeness, and if the Pipeline Administrator determines that the application is incomplete, the Pipeline Administrator shall return the application within fourteen (14) calendar days of receipt to the Applicant unfiled with a written description of the deficiencies in the application. c. If the Pipeline Administrator determines that the application is complete, the Pipeline Administrator shall place the variance request on the City Council agenda for consideration with any recommendations and notations the Pipeline Administrator deems appropriate. In considering the variance, the City Council may take into account the following: 1. whether the variance proposed is reasonable under the circumstances and conditions prevailing in the area, considering the particular location and the character of the improvements located there; and 2. available alternatives; and 3. whether the variance proposed would conflict with the orderly growth and development of the City based on the City's Comprehensive Plan, the City's current development plans for stormwater drainage, streets, sanitary sewers or other public infrastructure or any applications for other development then currently pending; and 4. the economic consequence if the variance is not granted; and 5. whether the operations proposed adequately protect the public interests and goals and objectives of this Article. d. In order to be approved, a proposed variance must receive the affirmative vote of a majority of the members of the City Council then present. The vote, including any conditions for granting the requested variance, shall be recorded and entered in the files of the City Secretary, and the Pipeline Administrator shall notify the Operator as to whether the City Council has approved or denied the variance request and identify any conditions placed upon an approval. PIPELINE ORDINANCE Page 5 W:\Richland Hills\OrdinanceNipeline ordinance.3.10A9.wpd e. If the City Council does not act upon any variance application accepted for filing as complete within forty-five (45) calendar days of such filing, the variance request shall be deemed approved. f. A variance application that accompanies an application for a Specific Use Permit may be considered with and granted as part of the Specific Use Permit application. Section 86-505 Appeal Procedure. a. A Pipeline Operator or the owner of any property interest in the surface of any real property located adjacent to or within three hundred feet (300') of any proposed above-ground Pipeline improvements or structures may appeal a decision of the Pipeline Administrator by filing written notice of such appeal to the Pipeline Administrator within fourteen (14) calendar days of notice of such adverse decision. Appeal by the owner of any property interest in the surface of any real property located adjacent to or within three hundred feet (300') of any proposed above-ground Pipeline improvements or structures shall be limited to decisions of the Pipeline Administrator with regard to compliance with Section 86-509 herein. The notice of appeal must state the appellant's desire to appeal, the ruling from which the appellant desires to appeal and the relief or ruling sought. Any such appeal shall be to the City Council. The decision of the City Council concerning an appeal under this Article shall be final. The decision being appealed shall not be suspended pending such appeal. b. Any appeal under this Article shall be governed by the following rules and procedures: 1. such appeal shall be set as an item on the regular City Council agenda; and 2. the appellant shall bear the burden of persuasion that the ruling being appealed is in error and shall bear the burden of proof on such matter; and 3. no formal testimony or swearing of witnesses shall be required, and the City Council may consider facts or evidence as the City Council determines is appropriate. The Pipeline Administrator or the Pipeline Administrator's designee shall present the facts and evidence relied upon by the Pipeline Administrator and the reasons for the ruling; the appellant shall then have an opportunity to present the facts and evidence relied upon by the appellant; the City Council shall then consider any facts or evidence from the public or other interested persons. The City Council may ask questions of the Pipeline Administrator or the Pipeline Administrator's designee, appellant and any other interested persons as the City Council determines is appropriate. The City Council may limit the time for any presentation in its sole discretion; and 4. upon the conclusion of the hearing, the City Council shall then render its decision affirming, reversing or modifying the decision of the Pipeline Administrator. Any appeal shall be determined by majority vote of the members of the City Council then present; and PIPELINE ORDINANCE Page 6 W:Utichland Hills\Ordinance\Pipeline ordinance.3.10.09.wpd 5. written documents or evidence which any party wishes to submit must be filed with the Pipeline Administrator and submitted to the City Council no less than three (3) business days prior to the appeal hearing; and 6. the decision of the City Council shall be final. Section 86-506 Pipeline Registration Procedure and Requirements. a. Not less than thirty (30) calendar days prior to the scheduled commencement of the installation, construction, modification, replacement or commencement of operation of a Pipeline Facility, the Pipeline Operator shall submit an application to the Pipeline Administrator and pay a fee to the City in the amount set in the City's Fee Schedule for a Conceptual Routing Registration Application. b. A Conceptual Routing Registration Application shall include five (5) paper sets and one (1) electronic set of plans including the information required in this section. c. The following information shall be provided in the application for a Conceptual Routing Registration: 1. preliminary construction alignment sheets identifying in concept all of the following: A. the proposed Pipeline Facility; and B. all tracts crossed or contiguous to and within three hundred feet (300') of, the proposed centerline of the proposed Pipeline Facility route, including but not limited to all public streets, alleys and rights-of--way and other City property; C. to the degree known, the location and depth of all existing public or private infrastructure and utilities, including but not limited to water, sanitary sewer, wastewater, gas, electric, telephone, cable and fiber optic lines and other public utilities improvements located on, over, under, along or across such City streets, rights-of--way and other City property within the proposed Pipeline easement; and D. the location of all proposed above-ground improvements and structures; and 2. the names and addresses of all owners of the surface estate of all tracts crossed by or within three hundred feet (300') of the proposed Pipeline Facility route, as disclosed by a title search or the Tarrant Appraisal District; and 3. the name, business addresses and telephone numbers of the Pipeline Operator; and PIPELINE ORDINANCE Page 7 W:Utichland Hills\Ordinance\Pipeline ordinance.3.10.09.wpd 4. the names, titles and telephone numbers of the following: A. the person signing the application on behalf of the Pipeline Operator; and B. the person designated as the principal contact for the submittal; and C. the person designated as the twenty-four (24) hour emergency contact; and 5. the origin point and the destination of the proposed Pipeline Facility; and 6. a text description of the general location of the proposed Pipeline Facility; and 7. a description of the substance to be transported through the proposed Pipeline Facility; and 8. a description of the distance from the nearest existing habitable structures and congregated areas; and 9. a binder or certificates of all bonds and insurance to the extent required under this Article or a license or agreement with the City. d. The Pipeline Administrator shall return any application that fails to meet these requirements marked "unfiled" to the Applicant within thirty (30) calendar days after the date of filing of said application and plans, with an explanation as to any deficiencies. If the application is not returned unfiled within such (30) calendar days, it shall be deemed approved. If the Pipeline Administrator determines that the application complies with the requirements of this Article, the Pipeline Administrator shall approve the application and accept the Registration. If the Pipeline Administrator determines that the application does not comply with the requirements of this Article, the Pipeline Administrator may deny the application. If an application is denied, the Pipeline Administrator shall notify the Applicant in writing of the denial with an explanation of all deficiencies. The Applicant may file an amended application within thirty (30) calendar days of such denial without paying a new registration fee. e. Upon the filing ofan administratively complete Pipeline Facility registration application, the Pipeline Administrator may request the Pipeline Operator to attend an administrative conference to seek resolution of any substantive, non-resolved issues. f. If there is any change in any of the items required in the Pipeline Facility Registration application after the filing of the application, the Applicant must immediately inform the Pipeline Administrator and file an amended Pipelines Registration application. If the Pipeline Administrator has not yet approved the application, no new Registration application fee shall be required. If the Pipeline Administrator has already approved the application, the amended permit shall be considered a new Registration application and the Applicant shall pay a new Registration application fee. PIPELINE ORDINANCE Page 8 W:\Itichland Hills\Ordinance~Pipeline ordinance.3.10.09.wpd g. If construction of a Pipeline Facility subject to a particular registration has not commenced within six (6) months of the date of approval of the Pipeline Conceptual Routing Registration or if the Pipeline Facility subject to a particular registration has not been completed and the surface restored within one (1) year of the date of approval of the Pipeline Conceptual Routing Registration, the applicable Pipeline Conceptual Routing Registration shall expire; provided, however, that the Pipeline Administrator may grant an extension of time not to exceed one (1) year if the Pipeline Administrator determines that weather or other unexpected conditions justify such an extension. If the Pipeline Conceptual Routing Registration expires as provided herein, and construction of the Pipeline Facility has commenced but has not yet been completed, the Pipeline Operator shall immediately file another application or cease construction and complete any site remediation required by this Article or other applicable law, regulation or ordinance. Section 86-507 Pipeline License Required. a. Nothing in this Article shall constitute permission for the use of any street, right-of--way or property of the City, and any such use shall be subject to the City's approval of a License or easement permitting the use at its sole discretion. Prior to installing, constructing, maintaining, repairing, replacing, modifying, removing or operating a Pipeline Facility on, over, under, along or across any affected City streets, rights-of--way or other City property, the Pipeline Operator shall obtain a license or easement to use such City-owned streets, rights-of--way and other property. Pipeline Facility operations shall continue only while such easement or license shall continue and such easement or license shall continue as long as the Pipeline Operator maintains Pipeline Facilities within the area subject to the easement or license and shall terminate when the Pipeline Operator expressly abandons the Pipeline Facilities within the area subject to the easement or license. No License shall be approved or issued if the proposed Pipeline Facility does not fully conform to all provisions of this Article and all other applicable City ordinances, and all applicable federal and state laws and regulations. b. Each such License or easement agreement shall include a requirement that the Pipeline Operator place and maintain in good repair and condition permanent line markers as close as practical over the Pipeline Facility at each crossing of a City street orright-of--way in order to assist the City Public Works Department and other utility providers in identifying the exact location of such Pipeline Facility and avoid costly damages and time-consuming repairs. Section 86-508 Protection of Present and Future Utility Infrastructure. a. Prior to installing, constructing, maintaining, repairing, replacing, modifying, removing or operating a Pipeline Facility on, over, under, along or across any affected City streets, rights-of--way or other City property, and prior to any License or easement agreement becoming effective, the Pipeline Operator shall certify that the proposed routing will either have no impact on any public or private infrastructure located on, over, under, along or across such City streets, rights-of--way and other City property or reach an agreement with the Pipeline Administrator as to the means by which the Operator will address any impact on such infrastructure. The Pipeline Operator shall also comply with any bond requirements established in this Article or otherwise required by the City. PIPELINE ORDINANCE Page 9 W:\Richland Hills\Ordinance\Pipeline ordinance.3.10.09.wpd In any event, the Pipeline Operator shall be responsible for all interference with or damages caused by the Operator's activities in or around such City right-of--way or property to any existing public or private infrastructure and utilities, including but not limited to water, sanitary sewer, wastewater, gas, electric, telephone, cable and fiber optic lines, and other public utilities improvements located on, over, under, along or across such City streets, rights-of--way and other City property. b. The Pipeline Operator shall install line markers at each point a Pipeline Facility crosses a City street, alley or right-of--way or other City property, in order to assist the City Public Works Department and other utility providers in identifying the exact location of such Pipeline Facility and avoid costly damages and time-consuming repairs. Each such line marker shall be of permanent type construction and contain labeling identifying the: 1. pipeline Operator; and 2. twenty-four (24) hour contact telephone number; and 3. the size of such Pipeline Facility; and 4. a general description of the product transported in the Pipeline; e.g., natural gas, oil or petroleum. c. The Pipeline Operator shall maintain all such line markers in good condition, shall promptly replace any such line markers that are lost or stolen, and shall promptly repair any such line markers that require re-painting or other repair. d. No person shall tamper with, deface, damage or remove any Pipeline marker, except the Pipeline Operator. e. No City streets, rights-of--way or other City property may be crossed by open cut without prior written agreement by the City. During the backfill of any Pipeline excavations on City streets, rights-of--way or other City property, the Pipeline Operator shall bury "Buried Pipeline" warning tape one foot (1') above any such Pipeline to warn future excavators of the presence of a buried Pipeline. Such warning tape is required only in situations in which open trenching is used and is not required in other installation methods including without limitation, boring. f. The Pipeline Administrator may require that sections of a proposed Pipeline Facility to be located in or under a City street, alley or other right-of--way or other City property be constructed at deeper depths or be relocated based upon a conflict with a planned or anticipated City infrastructure improvement. Section 86-509 Protection and Preservation of Aesthetics within the City. a. Within thirty (30) calendar days after completion of Pipeline Facility construction on any property within the City, the Pipeline Operator shall backfill all trenches and pits and grade, level PIPELINE ORDINANCE Page 10 W:\Richland Hills\Ordinance\Pipeline ordinance.3.1Q09.wpd and restore the affected property to the same surface condition as nearly practicable as existed before operations were first commenced or such better condition as agreed by the Pipeline Operator and the owners of the surface estate of such property, unless the Pipeline Operator files with the City a written agreement signed by all owners of the surface estate of such property providing other terms, but in no event shall such written agreement permit the continuation of any open pit, mound of dirt or debris or other evidence of Pipeline Facility construction unless approved in advance in writing by the Pipeline Administrator for good cause shown. In no event shall financial considerations alone be considered good cause. b. The Pipeline Operator shall take reasonable steps to preserve all trees within the City easement or right-of--way in which the Pipeline Operator's Pipeline Facility is located and shall replace any trees which are removed or which, in the determination of the Landscape Administrator, die because of Pipeline Facility construction, modification or repair operations, with approved trees of equal size up to four caliper inches (4") in size. For each tree larger than four caliper inches (4") in size which is removed or, in the determination of the Landscape Administrator, dies because of Pipeline Facility construction, modification or repair, the Pipeline Operator may elect to plant a single approved tree of equal or greater size or multiple trees which collectively total an equal or greater number of caliper inches as the tree which is removed or dies. The Pipeline Operator shall refer to the City's Landscape Ordinance for a list of approved trees. Any replacement trees need not be planted in the same location or even within the Pipeline easement, but instead maybe planted as follows: (1) at other locations on the affected lot as agreed between the Pipeline Operator and the lot owner; or (2) if the lot owner elects to forego planting any such replacement trees on the affected lot, at such other location owned by the lot owner within the Ciry as agreed upon by the Pipeline Operator and the lot owner; or (3) if the lot owner elects to forego planting any such replacement trees on property within the City owned by the lot owner, at such location on City property as designated by the Landscape Administrator. If the Pipeline Operator fails to plant such replacement trees within ninety (90) calendar days of the completion of construction of the Pipeline Facilities, or such later time as agreed upon by the Pipeline Administrator has agreed to in writing, the Pipeline Operator shall pay to the City an amount equal to the fair market value of such replacement trees, including planting costs, as determined by the Landscape Administrator, and such amount shall be placed in a tree mitigation fund to be used by the City for landscaping and tree planting. c. Design Requirements: 1. In all zoning districts except the I-2 Heavy Industrial zoning district, the Pipeline Operator shall enclose all Gas Compressor Units within sound attenuation structures compatible with the visual appearance of the surrounding development as set forth in this section; and 2. A Pipeline Operator shall design and construct all above-ground Pipeline related improvements and structures in accordance with all landscaping, setback and height requirements applicable in the zoning district where such equipment is located, and in accordance with all landscaping, design and materials requirements of this Article. All above-ground Pipeline-related improvements not fully enclosed in a structure PIPELINE ORDINANCE Page 11 W:\Richland Hills\OrdinanceV'ipeline ordinance.3.10.09.wpd shall be screened from any publicright-of--way and any residentially or commercially zoned property either by a masonry fence or by a wrought iron fence or approved evergreen trees andlor shrubs. All shrubs shall be no less than forty-eight inches (48") in height when planted, and no less than seventy-two inches (72") when mature. All trees shall be a minimum of two (2) caliper inches in size when planted. If Pipeline related improvements are to be screened by landscaping, and such improvements exceed seventy-two (72") inches in height, such improvements will be screened by both shrubs and trees meeting the requirements specified above. All such landscaping shall be in addition to and not in lieu of other landscaping required by this Article or other City ordinance; and 3. All landscaping required shall be maintained by the Pipeline Operator for so long as such above-ground Pipeline-related improvements or structures remain on the property; and 4. If such Gas Compressor Unit is located in a residential zoning district, the required sound attenuation structure unit shall have the visual appearance of a roof with a slope or pitch which is not less than the greater of (i) 5/12; or (ii) the average roof pitch of existing residential structures located within one thousand feet (1,000') of the lot on which the structure will be constructed. The Pipeline Operator may achieve the desired appearance by application of one of the following design devices: (i) a flat roof with a sloped structural element along the perimeter of the roof to provide the appearance of a sloped roof; or (ii) if no roof is provided, a sloped structural element along the perimeter of the top of the structure to provide the appearance of a sloped roof; and 5. Prior to commencing construction of such above-ground improvements and/or structures, the Pipeline Operator must first obtain a Pipeline above-ground improvement permit allowing construction of such improvements and/or structures. Any application for such permit shall be filed with the Pipeline Administrator and shall be accompanied by the required fee and three (3) copies of proposed design and landscape plans showing compliance with the requirements of this Article. If the permit complies with the requirements in this Article, the Pipeline Administrator shall provide a copy of such plans to the Chief Building Official and the Landscape Administrator. All construction shall comply with the design and landscape plans approved by the City. Such application shall be deemed approved if not rejected within fifteen (15) days of the date of the application; and 6. Except to the extent expressly permitted otherwise in this Article, structure facades shall be constructed to comply with the design and exterior masonry and materials requirements of the zoning district in which such structure is located, as specified in Chapter 90 of the City Code; and 7. Any screening required around a compressor station may be located immediately PIPELINE ORDINANCE Page 12 W:Vtichland Hills\Ordinance\Pipeline ordinance.3.10.09.wpd adjacent to compressor pad site. d. All above-ground Pipeline Facilities and any related equipment and improvements, including all gas regulator and compressor station equipment shall comply with the City's lighting and noise ordinance standards, and shall not create any noise that causes the exterior noise level to exceed the pre-development ambient noise levels as measured at the property line of the lot upon which such Pipeline Facilities, equipment or improvements are located by more than five (5) decibels in commercial and industrial zoning districts and zero (0) decibels in residential zoning districts. The Pipeline Operator shall be responsible for contacting the City Code Enforcement Department and arranging for the establishment of the pre-development ambient noise level prior to issuance of the building permit for the Pipeline Facility. Section 86-510 Pipeline Facilities Installation Conditions. a. A Pipeline Operator shall comply with the conditions established in this section governing mapping, inventorying, locating or relocating of the Pipeline Facility within Private Residential Areas within the boundaries of the municipality. b. All new or relocated Pipeline Facilities within Private Residential Areas shall be located within Existing Pipeline Corridors within the City, or if there is no Existing Pipeline Corridor available for such installation, along the perimeter of such property and as far from any existing or planned buildings as physically possible, unless the Pipeline Operator of the Pipeline Facility is able to demonstrate to the Pipeline Administrator that such alignment is infeasible. In addition to the criteria for a variance set forth in this Article, the Pipeline Administrator shall consider the following criteria when determining the feasibility of locating the Pipeline Facility in existing Pipeline corridors in the City: 1. the availability and cost of existing Pipeline corridor space; and 2. the availability and cost of easement rights to and from the existing Pipeline corridor; and 3. environmental, aesthetic, and development cost issues related to building, operating and maintaining both the portion of the Pipeline Facility that would be located in the existing Pipeline corridor and the lengths of the Pipeline Facility required to gain access to and from the existing Pipeline corridor; and 4. any delays in right-of--way acquisition or construction of the Pipeline Facility that may result from routing through an established Pipeline corridor; and 5. the availability of an alternative easement path to the Pipeline Operator. c. If the Pipeline Administrator determines it is not feasible for a Pipeline Facility to be located within an existing Pipeline corridor within private residential areas, and unless tree preservation PIPELINE ORDINANCE Page 13 W:\Richland Hills\OrdinanceV'ipeline ordinance.3.10.09.wpd regulations dictate otherwise, the Pipeline Operator of such Pipeline Facility must: 1. for platted property, be located within mandatory front, side yard or rear setback areas; and 2. for un-platted 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; and 3. avoid conflict with the location and opening of existing and planned future streets and laying of planned water, sanitary sewer and storm sewer lines. Section 86-511 Bond and Insurance Requirements. a. In the event that a License is issued for Pipeline Facility or other operations under this Article for installing, constructing, maintaining, repairing, replacing, modifying, removing or operating a Pipeline Facility on, over, under, along or across any affected City streets, rights-of--way or other City property, no actual operation shall be commenced until the Pipeline Operator files with the City Secretary a performance bond meeting the following requirements: 1. A duly executed bond executed by the Pipeline Operator or, if approved by the Pipeline Administrator, by the Pipeline Operator's general contractor as principal, and by a surety company with an A.M. Best Financial Strength Rating of "A-" or better that is acceptable to the City and is licensed to conduct business in the state, such bond to be in the sum of $50,000 or double the amount of the City's estimate of cost of restoration, whichever is greater, unless another amount is agreed to in writing by the City pursuant to a License agreement; and 2. The surety company shall have and maintain at all times the bond is in effect an A.M. Best "A-" rating for the policy period. Said bond shall provide that the Pipeline Operator, its heirs, assigns and successors will do the following: A. comply with the terms and conditions of the application and this Article in the construction, operation and maintenance of the Pipeline and related structure(s); and B. restore all streets, sidewalks, curbs, gutters, sanitary sewers, stormwater sewers and other drainage facilities and all other public improvements and public or franchised utilities that may be injured or damaged in the construction of any Pipeline Facilities permitted under the License to their condition immediately preceding the commencement of such construction activities or better; and C. remove all litter, machinery, buildings, trash and waste used, accumulated or PIPELINE ORDINANCE Page 14 W:\Richland Hills\Ordinance\Pipeline ordinance.3.10.09.wpd allowed in the course of such construction activities within ten (10) calendar days of the completion of such construction activities. 3. The bond must be approved by the Pipeline Administrator and filed with the City Secretary. Such bond shall become effective upon the granting of the License and must remain in full force and effect so long as such Pipeline is in operation, and until all work under the terms of such License has been completed and the License is terminated. Such bond may later be amended to include other Pipeline Facilities operated by the Pipeline Operator upon the request of the Pipeline Operator; and 4. A Pipeline Operator that operates or plans to operate multiple Pipeline Facilities in the City may utilize a blanket bond in a form mutually agreed upon by the Pipeline Administrator and the Pipeline Operator. b. In the event that a License is issued for a Pipeline Facility or other operations under this Article for installing, constructing, maintaining, repairing, replacing, modifying, removing or operating a Pipeline Facility on, over, under, along or across any affected City streets, rights-of--way or other City property, unless otherwise agreed in such License agreement, no actual operation shall be commenced until the Pipeline Operator files with the City Secretary the following insurance policies: 1. worker's compensation at statutory limits; and 2. employer's liability, including bodily injury by accident and by disease, for five hundred thousand dollars and no cents ($500,000.00) combined single limit per occurrence and atwelve-month (12-month) aggregate policy limit of one million dollars and no cents ($1,000,000.00); and 3. commercial general liability coverage, including blanket contractual liability, products and completed operations, personal injury, bodily injury, broad form property damage, operations hazard, pollution, explosion, collapse and underground hazards, with minimum personal injury/bodily injury limits of one million dollars and no cents ($1,000,000.00) per person and five million dollars and no cents ($5,000,000.00) per occurrence, minimum property damage limits of ten million dollars and no cents ($10,000,000.00) per occurrence, and atwelve-month (12- month) aggregate policy limit often million dollars and no cents ($10,000,000.00); and 4. automobile liability insurance (for automobiles used by the Pipeline Operator in the course of its performance under the License, including employer's non-ownership and hired auto coverage) for two million dollars and no cents ($2,000,000.00) combined single limit per occurrence. PIPELINE ORDINANCE Page 15 W:UZichland Hills\Ordinance\Pipeline ordinance.3.10.09.wpd c. Each such policy shall (i) name the City and its officers, officials, employees, agents, representatives, successors and assigns as additional insured parties; (ii) be issued by a carrier with an A.M. Best Financial Strength rating of "A-" or better; and (iii) remain in full force and effect and be carried so long as such Pipeline Facility is operated and until all work under the terms of such License has been completed and the License is terminated. A certificate of insurance shall be furnished annually by the Applicant or the subsequent Pipeline Operator showing that such insurance is and continues in effect. If any such policy is written as "claims made" coverage and the City is required to be carried as an additional insured, then the Pipeline Operator subject to this Article shall purchase policy period extensions so as to provide coverage to the City for a period of at least two (2) years after the last date that the License is in effect. d. The City may adjust the bond and insurance policy limits described above every five (5) years during the term of the License, or sooner as determined by City Council, to compensate for the effects of inflation with the objective to maintain the value of coverage as of the effective date of this Article. e. Each policy or an endorsement thereto, except those for worker's compensation and employer's liability, shall name the City and its officers, officials, employees, agents, representatives, successors and assigns as additional insured parties, but limited to risks indemnified pursuant to this Article. No deductible shall exceed one million dollars and no cents ($1,000,000.00) per occurrence or one percent (1 of the consolidated net worth of such Pipeline Operator and its permitted affiliates, whichever is greater. f. Each Pipeline Operator subject to this Article shall assume and bear any claims or losses to the extent of deductible amounts. g. All such policies and certificates shall contain an agreement that the insurer shall notify the City in writing not less than thirty (30) calendar days before any material change, reduction in coverage or cancellation of any policy. Each Pipeline Operator subject to this Article shall give written notice to the City within seven (7) calendar days ofthe date upon which total claims by any party against such Pipeline Operator reduce the aggregate amount of coverage below the amounts required by this Article. h. Each policy must contain an endorsement to the effect that the insurer waives any claim or right in the nature of subrogation to recover against the City, its officers, officials, employees, successors and assigns. i. Each policy must contain an endorsement that such policy is primary insurance to any other insurance available to the City as an additional insured with respect to claims arising thereunder. j. In the event an Operator and its affiliates install multiple Pipeline Facilities within the City, then the Operator and its affiliates shall only be required to obtain one blanket bond and one certificate of insurance, provided that the cumulative coverage provided is at least as great as the total that would be provided using separate bonds in the amounts required herein for all facilities PIPELINE ORDINANCE Page 16 W:Viichland Hills\Ordinance\Pipeline ordinance.3.10.09.wpd within the City. Individual bonds and separate insurance certificates for each individual Pipeline Facility shall not be required. k. Each Pipeline Operator may comply with the insurance requirements of this section through a combination of self-insurance, primary and excess insurance policies, provided that for any self- insurance component, the Pipeline Operator provides the Administrator with evidence reasonably satisfactory to the City establishing the existence of sufficient self-insurance funds. Section 86-512 Notice Requirements. The Pipeline Operator shall give written notice to the City and to all owners of structures that are located within three hundred feet (300') of the proposed centerline of the Pipeline Facility at least seventy-two (72) hours prior to the commencement of Pipeline Facility construction or non- emergency repair or modification. Notice to the City shall be sent to the Pipeline Administrator. Notice to the City may be by hand delivery, facsimile transmission, United States Express Mail or other reliable expedited delivery service, and shall be deemed delivered when actually received by the City. Notice to owners of structures that are located within three hundred feet (300') of the proposed centerline of the Pipeline Facility may be by hand delivery, United States Express Mail, other reliable expedited delivery service or United States regular mail. Notice by hand delivery or facsimile transmission shall be deemed delivered when actually received by the addressee, or if sent by United States Express Mail or other reliable expedited delivery service, at 5:00 p.m. on the first business day after mailing, or if by United States regular mail, at 5:00 p.m. three (3) business days after date of mailing. Section 86-513 Approved Registration Post-Construction Filing Requirements. a. Within one hundred eighty (180) calendar days after completion of Pipeline Facility construction under or through City rights-of--way, easements or fee properties, the Pipeline Operator shall provide the City with Record Drawings for such Pipeline Facility that is constructed under or through City rights-of--way, easements or fee properties. This requirement shall be deemed a requirement of any License agreement authorizing any Pipeline Facility that is constructed under or through any City right-of--way, easement or fee property. Such Record Drawings shall comply with the following: 1. accuracy of Record Drawings shall meet a survey level of one foot (1') to fifty thousand feet (50,000'); and 2. the scale of Record Drawings shall be a minimum of one inch (1 to forty feet (40'); and 3. record Drawings shall also be supplied in a DFF digital file format with the location tied to at least one (1) nearby GPS (global positioning system), City monument; and 4. ff the new Pipeline Facility length exceeds one thousand feet (1,000') within the PIPELINE ORDINANCE Page 17 W:\Richland Hills\OrdinanceV'ipeline ordinance.3.10.09.wpd City-owned right-of--way, easement or fee property, then such Pipeline Facility shall be tied to at least two (2) GPS City monuments; and 5. Record Drawings shall include: A. the exact Pipeline Facilities easement boundaries and Pipeline Facilities location within the respective City right-of--way, easement or fee property within the City; and B. to the extent that information can be obtained, the horizontal location, covering depths, and exact geographic location of all existing public or private infrastructure and utilities, including but not limited to water, sanitary sewer, wastewater, gas, electric, telephone, cable, and fiber optic lines and other public utilities improvements located within, on, over, under, along or across the proposed Pipeline easement within the respective City-owned right-of--way, easement or fee property; and C. the horizontal location, covering depths, and exact geographic location of any shutoff valves within the respective City right-of--way, easement or fee property; and D. detailed cross section drawings for all public street right-of--way, easement and fee property crossings and encroachments; and E. summarized specifications for Pipeline Facilities within City rights-of--way, easement or fee property. b. The Pipeline Operator shall file such post-construction documents containing all of the information submitted to the Texas Railroad Commission that relates to the Pipeline Operator Facilities within the boundaries of the City. c. The City shall take reasonable efforts to prevent any information required herein that is privileged under federal or state law (such as in the instance in which Pipeline Facilities are Critical Infrastructure) from disclosure to the public or any member thereof, including obtaining a determination that such information is exempt from disclosure as a public record under Chapter 552 of the Texas Government Code. d. The Pipeline Operator shall update all information required in this section promptly upon any change at any time during the operation of the Pipeline Facility within the City. Section 86-514 Retention of Technical Advisor. The Pipeline Administrator may retain, on behalf of the City, one or more technical advisors or consultants to assist the Pipeline Administrator in reviewing the Registration application. The PIPELINE ORDINANCE Page 18 W:Vtichland Hills\Ordinance\Pipeline ordinance.3.10.09.wpd Pipeline Operator shall pay to the City, as an additional registration application processing fee, the amount equal to the amount necessary to reimburse the City to cover the actual costs of such technical advisors or consultants. If such amount is not known at the time of the filing of the Registration application, the amount shall be estimated by the Pipeline Administrator, provided that any excess will be refunded to the Pipeline Operator and any deficiency shall paid by the Pipeline Operator upon completion of the registration process and ascertainment of the actual costs so that the costs of such technical advisors or consultants shall be borne by the Pipeline Operator as an additional registration application processing fee. Section 86-515 Pipeline Information Reporting Requirements. Each time a Pipeline is subjected to a hydrostatic pressure test, including but not limited to prior to commencing operation of any Pipeline, each Pipeline Operator subject to this Article shall provide the Pipeline Administrator and the Fire Chief written notice of such test at least seventy-two (72) hours before the commencement of such test, shall permit the Administrator and/or Fire Chief or their designees, an opportunity to observe such tests, and shall, as soon as practical following such test, provide a copy of the test results to the Pipeline Administrator and the Fire Chief. Section 86-516 Emergency Response Plan Reporting. In order to provide for orderly education, planning and staffing by the City's emergency services personnel, each Pipeline Operator subject to this Article shall meet annually with the Pipeline Administrator and Fire Chief to discuss and review emergency response plans. As part of this review, and at any such other time upon request of the Pipeline Administrator, the Fire Chief or the Police Chief, the Pipeline Operator shall furnish a copy of its emergency response plan and/or updates. Section 86-517 No Assumption of Responsibility by City. Nothing in this Article shall be construed as an assumption by the City of any responsibility of a Pipeline Operator of Pipeline Facilities not owned by the City or as a waiver of the City's governmental immunity or the official immunity of any City officer, employee or agent. No City officer, employee or agent shall have authority to relieve a Pipeline Operator from their responsibility under applicable law or regulation. Section 86-518 No Waiver of Other Right-of--way Regulations Implied. a. In the event Pipeline Facilities are to be placed within any City street or right-of--way, the Pipeline Operator shall comply with the right-of--way use regulations as provided in the City of Richland Hills City Code. b. To the extent that the provisions of this Article conflict with the City's other right-of--way use ordinances, this Article shall control. PIPELINE ORDINANCE Page 19 W:\Richland Hills\Ordinance\Pipeline ordinance.3.10.09.wpd Section 86-519 Violations, Penalties and Remedies. a. Any Pipeline Operator subject to this Article who shall have failed to comply with this Article shall be deemed to be maintaining a nuisance and the City may take such measures to remedy such nuisance, including but not limited to revocation of the Pipeline Operator's License and/or Registration. b. It shall be a violation of this Article for a person to knowingly make a misrepresentation of any information to be reported pursuant to this Article. It shall also be a violation of this Article 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 City. c. Each violation of any provision of this Article shall be a separate offense. Each day of ongoing violation shall be a separate offense and shall carry with it a fine of not more than five hundred dollars and no cents ($500.00) per day. If fines are not paid within thirty (30) calendar days of issuance, any applicable Pipeline License and/or Registration may be suspended or revoked by the City. A Pipeline Operator may appeal an alleged violation pursuant to the procedures set forth in this Article. Such appeal shall stay enforcement of the action until after a final decision is rendered in accordance with the appellate procedures set forth in this Article. d. The City 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 Article. Section 86-520 Termination of License. a. Any violation of the provisions of any or all sections of this Article with regard to License requirements shall be grounds for the suspension or termination of any License subject to the procedures set forth in this section. The suspension or termination of any License shall require the immediate cessation of all operations subject to such License and the termination of such License shall require the Pipeline Operator subject to this Article to file a new License in full accordance with the provisions of this Article. b. If the Pipeline Administrator determines that a Pipeline Operator has violated any of the provisions of any or all sections of the License requirements, the Pipeline Administrator shall give the Pipeline Operator written notice of such violation(s). If the Pipeline Operator has not cured such violation(s) or appealed the decision of the Pipeline Administrator within thirty (30) calendar days ofreceipt ofthe written notice from the Pipeline Administrator, then the Pipeline Administrator shall notify the City Council of such violation(s), and any City Council member may request that a hearing be held before the City Council as to whether the Pipeline Operator's License at issue should be suspended or terminated. In such event, the Pipeline Administrator shall notify the Pipeline Operator of such setting, and the Pipeline Operator shall be given an opportunity to present any facts and arguments the Pipeline Operator wishes to the City Council as to why such License at issue should not be suspended or terminated. PIPELINE ORDINANCE Page 20 W:Utichland Hills\Ordinance\Pipeline ordinance.3.10A9.wpd c. Any hearing on suspension or termination of a License shall be governed by the following rules and procedures: 1. Such hearing shall be set as an item on the regular City Council agenda; and 2. The City shall bear the burden of persuasion that the License at issue should be suspended or terminated; and 3. No formal testimony or swearing of witnesses shall be required and the City Council may consider facts or evidence as the City Council determines is appropriate. The Pipeline Administrator or the Pipeline Administrator's designee shall present the facts and evidence relied upon by the Pipeline Administrator; the Pipeline Operator shall then have an opportunity to present the facts and evidence relied upon by the Pipeline Operator; the City Council shall then consider any facts or evidence from the public or other interested persons. The City Council may ask questions of the Pipeline Administrator or the Pipeline Administrator's designee, the Pipeline Operator and any other interested persons as the City Council determines is appropriate. The City Council may limit the time for any presentation in its sole discretion; and 4. Upon the conclusion of the hearing, the City Council shall then render its decision. Any decision shall be determined by majority vote of the members of the City Council then present; and 5. Written documents or evidence which any party wishes to submit must be filed with the Pipeline Administrator and submitted to the City Council no less than three (3) business days prior to the termination hearing; and 6. The decision of the City Council shall be final. d. Upon termination of a License, the Pipeline Operator may file a new application for a new License without prejudice; provided, however, that the circumstances of the termination of the prior License shall be an additional factor which may be considered by the City in determining whether to grant the new License. SECTION II. PROVISIONS CUMULATIVE This ordinance shall be cumulative of all provisions of ordinances and of the Code of Ordinances of the City of Richland Hills, Texas, as amended, except where the provisions of this ordinance are indirect conflict with the provisions of such ordinances and such Code, in which event the conflicting provisions of such ordinances and such Code are hereby repealed. SECTION III. PIPELINE ORDINANCE Page 21 W :Utichland Hills\OrdinanceV'ipeline ordinance.3. ] OD9.wpd PROVISIONS SEVERABLE It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION IV. RIGHTS AND REMEDIES SAVED All rights and remedies of the City are expressly saved as to any and all violations of the provisions of the City Code amended or revised herein or any other ordinances affecting the matters regulated herein which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION V. PUBLICATION The City Secretary of the City of Richland Hills is directed to publish the caption, penalty clause, publication clause and effective date of this Ordinance to the extent required by law. SECTION VI. PUBLICATION IN BOOK OR PAMPHLET FORM The City Secretary of the City of Richland Hills is hereby authorized to publish this ordinance and the exhibits to this ordinance in book or pamphlet form for general distribution among the public, and the operative provisions of this ordinance and the exhibits to this ordinance as so published shall be admissible in evidence in all courts without further proof than the production thereof. SECTION VII. PENALTY FOR VIOLATION Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this Ordinance shall be fined no more than Five Hundred Dollars and no cents ($500.001 for each violation of this Ordinance. Each day that a violation is permitted to exist shall constitute a separate offense, PIPELINE ORDINANCE Page 22 W:Utichland Hills\Ordinance\Pipeline ordinance.3.10.09.wpd SECTION VIII. EFFECTIVE DATE This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED ON THIS IO Y OF MARCH, 2009. r T ORABLE DAVID L. R~ AN, MAYOR ATT ST: e l u n i n l lii,,~~~~i i ; NDA CANTU, CITY SECRETARY ; ~ , ~ EFFECTIVE DATE: O~c.t~- 0 ~,0 iJ~ = v : / APPROVED AS TO FORM AND LEGALITY: ~~'~~~iiin n n n 1~~~~~`~~~ TIM G. SRALLA, CITY ATTORNEY PIPELINE ORDINANCE Page 23 W:\Richland Hills\Ordinance\Pipeline ordinance.3.10.09.wpd ATTEST: LINDA CANTU, CITY SECRETARY^ EFFECTNE DATE O a~D 0~ APPR VEDA'S ~ FORM AND LEGALITY: TIM G. SRALLA, CITY ATTORNEY PIPL-LINE ORDINANCE Page 24 W'~RichLvid Nillc`~Ordmuice'.Pgxline ordinvx~e) t009.wpd