Chapter 15.40
PIPELINES, TALL STRUCTURES, AND THE LIKE
Sections:
15.40.030 Public hearing on petition.
15.40.040 Resolution to be adopted if petition granted.
15.40.060 Compliance with building code.
15.40.080 Miscellaneous requirements.
15.40.010 Permit required.
(A) It shall be unlawful for any person to erect, build, construct, raise, place, install or replace, or in any way create, or cause to be erected, built, constructed, raised, placed, installed or replaced, or in any way created, within the corporate boundaries of the town, any structure, building, tower, pole, or support structure exceeding 100 feet in height or elevation, or any pipeline used for the movement or transmission of any flammable or combustible liquid through two or more parcels of property within the town without having obtained a permit as provided in this chapter.
(B) It shall be unlawful for any person to furnish, supply, sell, give, or perform any service, labor, material or thing for the erection, building, construction, raising, placing, replacing or installation within the corporate boundaries of the town of any structure, building, tower, pole or support structure exceeding 100 feet in height or elevation or any pipeline used for the movement or transmission of any flammable or combustible liquid through two or more parcels of property within the town without having obtained a permit as provided in this chapter. [Ord. 689, 1974. Code 1983 § 15-21; Code 2000 § 210.140].
Penalty, see HMC 11.10.330.
15.40.020 Petition required.
(A) Any person who wishes to build, erect, construct, place, replace or install any structure, building, tower, pole or support structure, of any kind or nature, or to furnish, sell, supply, give or provide the labor, materials or services for the same, of a height or elevation exceeding 100 feet or any pipeline used for the movement or transmission of any flammable or combustible liquid through two or more parcels of property within the corporate limits of town, shall first petition in writing for and obtain the approval of the town council expressed by a resolution of town council which shall be and constitute a license.
(B) No license shall be granted or issued by the town council for the erection, construction, building, installation, placement or replacement of any structure, construction, building, tower, pole or support structure within the corporate limits of the town, of a height or elevation exceeding 100 feet, or any pipeline used for the movement or transmission of any flammable or combustible liquid through two or more parcels of property within the town unless prior to the issuance of said license a petition for same shall be filed by the person, firm, corporation, association, organization, or entity, public or private, quasi-public or quasi-private, desiring or intending to do or cause to be done such erection, construction, building, installation, placement or replacement.
(C) Such petition shall be in writing, signed, and verified under oath of the petitioner, and shall be filed in the office of the clerk-treasurer who shall lay the same before the town council at the next succeeding regular meeting of the town council. Said petition may be signed, in addition, by such owners of taxable real estate in the town as may support the same. If such petition is signed by persons other than the prospective licensee or licensees, it shall have attached to it a certificate of the auditor of the county that such additional signatures are in fact owners of taxable real estate, state concisely and fully the nature of the project contemplated and the license requested.
(D) Whenever and wherever the type of pipeline herein provided for is sought to be installed in the town, the petitioner shall furnish to the town the following information:
(1) Copy of environmental impact study presented to federal and state agencies for the pipeline.
(2) Proposed operating pressure within the town.
(3) Elevation gradient of pipeline.
(4) A study of cathodic protection of pipeline and town facilities with protection being afforded to the town facilities.
(5) Design accuracy of meters to be used.
(6) Proposed safety precautions such as emergency holding tanks.
(7) Hydraulic gradient drawings.
(8) Procedure to be followed by petitioner to alert emergency crews.
(9) Location and availability of emergency crews.
(10) Temperature of fluid to be flowing in pipeline.
(11) Length of time required to close shut-off valves on either end of the town.
(12) Other lines that are owned directly or indirectly by petitioner and located in the town.
(13) Number of gallons of fluid which must be lost before recording instruments are able to pick up loss.
(14) Pump pressure at points designated by town.
(15) Whether petitioner contemplates placing additional pipelines in same or different easements within the town now or in the future.
(16) Proof to the satisfaction of the town that utility easements will not be adversely affected.
(17) Proof to the satisfaction of the town that easements will not adversely affect the subdivision of property and approval of routing by the Highland plan commission.
(18) Large scale drawing showing location of line through the town with easements petitioner intends to acquire. Said drawing is to be drawn to scale showing exact location of all improvements and facilities to be installed within the town. Legal descriptions of the easements shall be submitted in detail to the town. [Ord. 689, 1974. Code 1983 § 15-22; Code 2000 § 210.141].
Penalty, see HMC 11.10.330.
15.40.030 Public hearing on petition.
(A) The town council shall, at the meeting at which the aforesaid petition is laid before them, fix a date, time and place at which a public hearing will be held concerning said petition. Such hearing shall be scheduled for a date and time sufficient to permit petitioner to publish and give the notice herein provided.
(B) The petitioner shall cause notice of the filing of said petition and the hearing date, time and place to be given by publication one time pursuant to IC 5-3-1, as amended. Such notice shall recite the filing of said petition, the date, time, and place scheduled for hearing on the same, and the subject matter of the petition.
(C) At the date, time and place scheduled for hearing on such petition, the town council shall proceed to hear, in orderly fashion, all those in favor of such petition, and those opposed. The town council may allot such time to the hearing as it shall deem adequate. In addition, written remonstrances will be received. Said written remonstrance shall have attached to it the certificate of the auditor of the county, stating that the signers are owners of taxable real estate within the town. If said petition is denied, no further petition involving the same or similar subject matter shall be filed or received within a period of one year after the decision by the town council. [Ord. 689, 1974. Code 1983 § 15-23. Code 2000 § 210.142].
15.40.040 Resolution to be adopted if petition granted.
In the event the town council should grant the petition, then it shall adopt a resolution so reciting and setting forth the conditions and restriction, if any, it imposes upon such grant, which said resolution shall be and constitute a license hereunder. [Code 1983 § 15-24; Code 2000 § 210.143].
15.40.050 Bond.
No pipeline carrying petroleum products or flammable gases shall be laid or constructed within the town unless and until the owner or contractor laying or installing the same shall indemnify, hold harmless and defend the town from any liability of any kind or nature arising out of malfunction of said pipeline or appurtenances. The owner or contractor shall also supply a surety bond in an amount not less than $1,000,000, together with evidence of insurance of not less than $5,000,000. No pole or tower for the support of electrical lines shall be constructed within the town unless and until the owner or contractor constructing the same shall indemnify, hold harmless and defend the town from any liability of any kind or nature arising out of malfunction of said supporting tower or appurtenances. The owner or contractor shall also supply a surety bond in an amount not less than $10,000 together with evidence of insurance coverage of not less than $1,000,000. [Ord. 689, 1974; amended during 2012 recodification. Code 1983 § 15-25; Code 2000 § 210.144].
15.40.060 Compliance with building code.
Whenever and wherever the type of building, structure, construction, tower, pole, line, pipe, supporting structure or device is presently provided for in the building code of the town, the provisions of such code shall be complied with. [Code 1983 § 15-26; Code 2000 § 210.145].
Penalty, see HMC 11.10.330.
15.40.070 Reports.
A telephone report, followed by a written report, of any discharge of any fluid from a pipeline shall be immediately made to the town. The report shall include:
(A) Time of discharge;
(B) Location of discharge;
(C) Type and amount of discharge;
(D) Assistance required;
(E) Name, address and telephone number of person making report;
(F) Other pertinent information. [Ord. 689, 1974. Code 1983 § 15-27. Code 2000 § 210.146].
15.40.080 Miscellaneous requirements.
(A) Pressure charts shall be submitted to the town every month and in the event the operating pressure reaches 100 pounds per square inch over normal operating pressure in the town, then the petitioner shall cease pumping through the pipeline until the problem causing the increase in pressure is resolved to the satisfaction of the town.
(B) Shut-off valves shall be located at both ends of the town.
(C) Continuous metering of fluid flow and pressure and reports of same shall be furnished to the town.
(D) There shall be a minimum of five feet of cover over pipes.
(E) The town shall be provided with graphs showing flow versus pressure in the town.
(F) The temperature of the fluid flowing through the pipeline shall be monitored and monthly reports of same shall be furnished to the town at its request.
(G) Pipe shall be of sufficient strength to withstand maximum pump discharge pressure plus 50 percent.
(H) Pump pressure at points designated by the town shall be monitored and reports of same shall be furnished to the town at its request. [Ord. 689, 1974. Code 1983 § 15-28; Code 2000 § 210.147].
Penalty, see HMC 11.10.330.