21.26.040 Setback Requirements.
A. Hazardous Liquid Pipeline Corridor (“Corridor”). No landfilling or excavation and no construction or expansion of structures is allowed within the corridor.
B. Areas Along the Hazardous Liquid Pipeline Corridor.
1. Construction or expansion of structures or other activities involving landfilling or excavation shall be setback a minimum of 25 feet from the edge of the corridor.
2. The Administrator may determine that the setback shall be measured from the pipeline when measurement from the corridor is not appropriate due to site-specific conditions.
3. The Administrator may expand the setback when necessary to meet the purpose of this section due to site-specific conditions, such as extraordinary land disturbance.
4. The Administrator may reduce the setback due to site-specific conditions and an applicant’s demonstration that the purpose of this section will be met. Factors that may be considered include but are not limited to:
a. Pipeline location as determined using normal locating procedures.
b. Type of construction proposed.
5. If the Administrator reduces the setback or measures it from a hazardous liquid pipeline, the following applies:
a. The setback shall be a minimum of 30 feet from the nearest hazardous liquid pipeline and shall comply with section B.1 above.
b. The setback shall be measured from the nearest edge of the hazardous liquid pipeline.
c. The location of the hazardous liquid pipeline and the reduced setback shall be shown on all approved site plans and subdivision plats.
C. Exemptions. The Administrator can, when deemed necessary by the Administrator, exempt trails, streets and utilities identified in currently adopted plans, such as the Comprehensive Plan, Transportation Improvement Plan, Water System Plan, or General Sewer Plan, from subsections A and B of this section. Trails, streets, and utilities proposed to use this exemption shall be designed to minimize potential conflict with the hazardous liquid pipeline to the maximum extent feasible.
The Administrator can, when deemed necessary by the Administrator, require applicant to provide written approval from the pipeline owner(s) for the proposed structures, construction, and maintenance operations prior to the City’s permit issuance.
D. Emergency Work. In the event of any emergency in which a hazardous liquid pipeline breaks, is damaged, or is otherwise in such a condition as to immediately endanger the life, health, safety, or property of any person, the hazardous liquid pipeline operator shall not be required to comply with this chapter or obtain permits prior to taking corrective action. The hazardous pipeline operator shall, however, notify the City Public Works Director by telephone immediately upon learning of the emergency or, if the emergency occurs outside of the City’s normal business hours, immediately upon the commencement of the next business day during which the Redmond City Hall is open for business. The hazardous liquid pipeline operator shall also apply for all required permits not less than the second succeeding business day during which the Redmond City Hall is open for business.
E. Setback Protection. Setbacks shall be identified and protected during construction by placement of a temporary barricade and on-site notices. Barricades and on-site notices are subject to review by the Administrator.
F. Reasonable Use Provision. The required setback from the hazardous liquid pipeline corridor shall not deny all reasonable economic use of property. An applicant who believes that the required setback does deny all such use may apply for a reasonable use exception under RZC 21.76.070.U, Reasonable Use Exceptions (Critical Areas/Hazardous Liquid Pipelines and High Capacity Transit Corridor Preservation). (Ord. 3028)