§ 32-213. Permit approval.

(a)

The applicant shall submit an application as described in section 32-212 and on forms and in accordance with a submittal schedule as provided by the city. Any application submitted that is determined to be administratively incomplete shall be returned to the applicant within five days of the submittal date along with a letter documenting the deficiencies of the application. The following is an example of a typical permit process:

(1)

Application submitted to the city.

(2)

Within five days the applicant will be notified of his appointment for pre-development review or of rejection of the application for administrative incompleteness.

(3)

At pre-development review, the application will be reviewed and discussed by the city administrator, city engineer and city planner.

(4)

Public review period.

(5)

Public comments received will be provided to the applicant (if applicable).

(6)

Applicant mails notices to property owners.

(7)

Public hearing is held before the city council.

(8)

Second public hearing is held before the city council and permit is approved.

(9)

Bonds and insurance are submitted.

(10)

Permit is issued.

(11)

Pre construction meeting is held at the city and construction may begin.

(12)

As-built plans are submitted to the city.

(b)

The city's pre-development review consultant shall review the application and associated plans and documents for completeness and make technical comment. At that time, the pre-development consultant shall also make comments relating to conditions or requirements of the city's right-of-way regulations on use of public property. The city may appoint one or more consultants to provide technical expertise in the construction, maintenance, or operation of the pipelines.

(c)

The city shall give notice that the information provided in subsection 32-212 is available to the public for comment and review. Notice to the public shall be made in the city's official newspaper. Such notice shall be provided in the public notice section of at least two issues and include the following information:

(1)

General description of the planned pipeline, including, but not limited to, the proposed materials or product to be conveyed through the pipeline;

(2)

Proposed pipeline construction;

(3)

Type of material to be used for the pipeline;

(4)

Pipeline owner;

(5)

Pipeline operator;

(6)

General location of the pipeline;

(7)

The city's address in which to submit written comments to; and

(8)

Scheduled location and time for the public hearings.

(d)

Prior to the tenth day before the hearing date specified in subsection (c) of this section, the pipeline owner or operator shall provide written notice to each owner, as indicated on the most recently approved municipal tax roll, of real property within 660 feet of the centerline of the proposed pipeline site. The notice may be served by its deposit in the United States mail with notices being properly addressed and with postage paid. The notice shall contain the same information specified in subsection (c) of this section. Copies of the notices must be submitted to the city prior to the first public hearing. The applicant is encouraged to send a draft notice to the city for review prior to mailing.

(e)

The public may review the proposed pipeline information made available pursuant to subsection (c) of this section for a period of ten days following the publication of the first public notice and submit written, signed comments within such period to the city. Copies will be provided to the pipeline owner or operator by the city as soon as possible for their review.

(f)

Following the public review period the pipeline owner or operator shall have a second meeting with the city's pre-development review consultant to review any public comments. Such meeting will not be required if no public comments are received and there are no substantive technical issues with regard to the application. Within 30 calendar days of the second public hearing, a public hearing shall be scheduled before the city council for final approval or denial. In the event that all applicable federal, state, county, and local laws, standards, ordinances, and regulations are met, the city shall approve an oil and gas pipeline permit. If there are substantive, non-resolvable technical issues concerning matters that do not fall within the exclusive jurisdiction of the state department of transportation or the state railroad commission, an administrative hearing shall be held within 14 days as provided in subsection (g) of this section.

(g)

An administrative hearing shall be conducted to seek resolution of any substantive, non-resolvable technical issues. The hearing shall be conducted before the pipeline review committee which shall consist of the city engineer, city attorney, three appointed technical experts recognized as competent. The cost associated with the technical consultants shall be borne by the applicant. A quorum of at least three members must be present to conduct a hearing with at least one of the members present at the hearing having emergency management expertise. The public hearing process before the city council as specified in subsection (f) of this section shall commence within 30 calendar days of the date of such hearing.

(h)

From time to time the city may need to hire an independent study or analysis of an application or petition to construct a new pipeline. The city, upon approval by the city council after recommendation by the pipeline review committee, shall engage a duly qualified independent consultant or contractor to conduct such special study or analysis as required to fully evaluate and act upon an application for a new pipeline. Cost for the consultant or contractor shall be billed directly to the applicant for all direct expenses to the city.

(i)

The pipeline owner or operator shall give notice 48 hours prior to the commencement of pipeline construction to all residents and business establishments that are located within 500 feet of the proposed centerline of the pipeline.

(j)

Upon completion of pipeline construction the pipeline owner or operator shall provide the city with as-built or record drawings of the pipelines within 120 calendar days. Accuracy of the as-built or record drawings shall meet a survey level of one foot to 50,000 feet. The drawings shall also be supplied in a DXF digital file format with the location tied to one nearby GPS (global positioning system) city monument. If the new pipeline length exceeds 1,000 feet within the city or its extraterritorial jurisdiction, the pipeline shall be tied to at least two GPS city monuments.

(k)

Any change in service of a pipeline not previously addressed by this division to gas, hazardous liquid, or chemical service must be reviewed in accordance with the new pipeline review procedure outlined in subsections (a) through (h) of this section as if it were new pipeline construction.

(Code 1994, § 4.923; Ord. No. 430, § 1, 9-17-2007)