§ 32-210. Definitions.

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Applicant means any person applying to the city for a permit and/or certificate for an oil or gas pipeline permit.

City means the City of Justin, Texas.

Commercial facility means any structure used for providing, distributing, and selling goods or services in commerce, including, but not limited to, hotels, restaurants, bars, rental operations, and rental properties.

Construction means causing or carrying out any building, bulk heading, filling, clearing, excavation, or substantial improvement to land or the size of any structure. The term "building" includes, but is not limited to, all related site work and placement of construction materials on the site. The term "filling" includes, but is not limited to, disposal of excavated materials. The term "excavation" includes, but is not limited to, scraping or grading a site. The term "substantial improvements to land or the size of any structure" includes, but is not limited to, creation of vehicular or pedestrian trails and increasing the size of any structure.

Dedication means includes, but is not limited to, a permanent easement or a fee simple acquisition of land for a specific purpose.

Development review consultants means that group of city officials as designated by the city that are charged with the responsibility of meeting with applicants who are submitting applications or petitions for platting, and other development or land use related applications prior to the scheduling of a public hearing. Development review consultants meetings are for the purpose of disclosing to an applicant the technical issues pertaining to their respective application and to direct the applicant to address technical deficiencies prior to a public hearing.

Exempt pipeline means a pipeline associated with exploration for, production, and gathering of oil and gas, provided that the pipeline is located no farther than two miles from the well being served.

FEMA means the United States Federal Emergency Management Agency. This agency administers the National Flood Insurance Program and publishes the official flood insurance rate maps.

Habitable structures means structures suitable for human habitation, including, but not limited to, single or multifamily residences, hotels, condominium buildings, and buildings for commercial purposes. Each building of a condominium regime is considered a separate habitable structure, but if a building is divided into apartments, then the entire building, not the individual apartments, is considered a single habitable structure. Additionally, a habitable structure includes porches, gazebos, and other attached improvements.

Hazardous liquid, as defined by the state railroad commission at 16 Texas Administrative Code, section 7.80, means petroleum or any petroleum product, and any substance or material which is in a liquid state, when transported by pipeline facilities and which has been determined by the United States Secretary of Transportation to pose an unreasonable risk to life or property when transported by pipeline facilities. The term "hazardous liquid" shall be enlarged to include liquefied natural gas and anhydrous ammonia should such materials at any time be introduced into any pipeline subject to this division. The term "hazardous liquid" also includes carbon dioxide, defined at 49 CFR 192.2 as a fluid consisting of more than 90 percent carbon dioxide molecules compressed to a supercritical state.

Idled pipeline means a pipeline that has been inactive for a least two years even though there may be no specific plans to reactivate the pipeline.

Inactive pipeline means a pipeline that has temporarily been taken out of service for a period of at least six months for hazardous materials or hazardous liquids and one year for natural gas with the expectation that the pipeline may be reactivated within two years even though there may be no specific plans to reactivate the pipeline.

Jurisdiction of the city, as used in this article means the area within the corporate boundaries of the city and its extraterritorial jurisdiction as created under authority of the Texas Local Government Code, section 42.001, to promote and protect the general health, safety, and welfare of persons residing in the adjacent to municipalities, and to define nuisance under authority of the Texas Local Government Code, section 217.042.

New pipelines, as referred to in section 32-212, means pipelines constructed after the effective date of the ordinance from which this article is derived, but shall not include:

(1)

The replacement or repair of any existing pipeline;

(2)

The realignment of a portion of an existing pipeline to a position that is not greater than 50 feet from its original position; or

(3)

Surface appurtenances added to existing pipelines.

Nonexempt pipelines means pipelines other than those subject to state and federal regulation.

Owner or operator means any person owning, operating, or responsible for operating an oil or gas pipeline for the purpose of transporting oil, gas, or other gases or liquids related to the production of oil, gas or other hydrocarbons.

Permittee means any person authorized to act under a permit or a certificate issued by the city.

Person means an individual, firm, corporation, association, partnership, consortium, joint venture, commercial entity, the United States government, a state, a municipality, commission, political subdivision, or any international or interstate body or any other governmental entity.

Pipeline means all parts of those physical facilities through which gas, hazardous liquids, or chemicals move in transportation, including, but not limited to, pipes, valves, and other appurtenances attached to pipes, compressor units, metering stations, pumping units, regulator stations, delivery stations, terminals, holders, and fabricated assemblies and breakout tanks whether or not laid in public or private easement or public or private right-of-way within the city or its jurisdiction.

Pipeline emergency means a pipeline incident in which any of the following has occurred or is occurring:

(1)

Fire or explosion not initiated by the owner/operator as part of its operations (in accordance with accepted safety practices).

(2)

Release of a gas, hazardous liquid, or chemical that could adversely impact the environment or health of individuals, livestock and/or domestic animals, and wildlife, within the city or its jurisdiction.

(3)

Death of any person or individual directly attributable to the operations of the pipeline.

(4)

Bodily harm of any person that results in loss of consciousness, the need to assist a person from the scene of the incident, or the necessity of medical treatment in excess of first aid.

(5)

Damage to private or public property not owned by the pipeline owner or operator in excess of $5,000.00 in combined values.

(6)

The rerouting of traffic or the evacuation of buildings.

Pipelines, exempt. Excluded from this division are pipelines with normal operating pressures below 20 pounds per square inch gauge. Also exempted are those pipelines that meet all of the following three conditions:

(1)

The pipelines serve as private infrastructure to refineries/petrochemical plants, and storage areas, and terminals;

(2)

The refinery/petrochemical plant infrastructure, storage area, or terminal incorporating the pipeline serves a manufacturing or refining function exclusive to the respective refinery/petrochemical plant; and

(3)

The pipeline is within the premises boundary of the refinery/petrochemical plant, storage area, or terminal.

Practicable. In determining what is practicable, the city council shall consider the effectiveness, scientific feasibility, and commercial availability of the technology or technique. The city council shall also consider the cost of the technology or technique.

Production and gathering facilities means the equipment used to recover and move oil or gas from a well to a main pipeline, or other point of delivery such as a tank battery, and to place such oil or gas into marketable condition. These facilities include, but are not limited to, pipelines used as gathering lines, pumps, and tank batteries.

Street means the entire width between the boundary lines of the street right-of-way that is open to the use of the public for purposes of vehicular travel.

Street right-of-way means that land dedicated by easement or by fee simple for the use and construction of a street or roadway.

Structure means and includes, 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.

Unregulated pipeline means those pipelines within the city or its jurisdiction that enjoy exemptions under federal and state rules that exclude such lines from construction standards, safety standards, or reporting requirements of either or both federal and state governments.

(Code 1994, § 4.938; Ord. No. 430, § 1, 9-17-2007)