118.10    Purpose

118.20    Applicability

118.30    Development Notice

118.40    Development Permit Application Submittal Requirements

118.50    Setback Requirements

118.60    Requirements for Land Use Compatibility

118.70    Variances

118.10 Purpose

The purpose of this section is to:

1.    Help prevent and minimize unnecessary risk to the public health, safety, and welfare due to hazardous liquid pipelines;

2.    Minimize the likelihood of accidental damage to hazardous liquid pipelines;

3.    Avoid exposing land uses with either high on-site populations that are difficult to evacuate or that provide emergency response functions to risk of injury or damage in the event of a pipeline failure;

4.    Help reduce adverse impacts in the event of a pipeline failure;

5.    Supplement existing federal and state regulations related to hazardous liquid pipeline corridor management; and

6.    Improve communication between property owners and pipeline operators to minimize the risk of inadvertent damage to hazardous liquid pipelines and to provide guidance to property owners about minimizing further risk through site design or construction.

The provisions of this section are intended to protect the health, safety and welfare of the general public and are not intended to protect any particular individual, class of individuals, or organization.

(Ord. 4371 § 1, 2012)

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118.20 Applicability

The provisions of this chapter shall apply to all development activity, landfilling, excavation and construction on properties within 500 feet of any hazardous liquid pipeline corridor, as defined in KZC 5.10.348. This chapter does not apply to the conduct of pipeline operators. The conduct of pipeline operators is regulated by the Federal Pipeline Safety Act, 49 U.S.C. Section 60101, et seq., and the Washington State Pipeline Safety Act, Chapter 81.88 RCW. Pipelines within public rights-of-way are also regulated by the terms and conditions of franchise agreements between the City and pipeline operators. Modifications to existing structures are exempt from this chapter if they do not involve landfilling, excavation or high consequence land uses, as defined in KZC 5.10.358.

(Ord. 4408 § 1, 2013; Ord. 4371 § 1, 2012)

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118.30 Development Notice

Prior to conducting any development activity, landfilling, excavation, or construction located within 150 feet of a hazardous liquid pipeline corridor identified on the official City of Kirkland Olympic Pipeline Map, the applicant shall provide notification to the pipeline operator using a form provided by the City.

(Ord. 4371 § 1, 2012)

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118.40 Development Permit Application Submittal Requirements

For all activities requiring a development permit:

1.    The applicant shall show the hazardous pipeline corridor and applicable setbacks on site plans, subdivisions and short subdivisions for proposed development on properties to which this chapter applies.

2.    The applicant shall provide verification that the pipeline operator has received and reviewed the development notice required in KZC 118.30. All comments provided by the operator shall be submitted or the operator shall confirm in writing that the operator has no comments.

3.    Prior to issuance of any development permit, the applicant shall enter into an agreement with the City, which runs with the property, in a form acceptable to the City Attorney, indemnifying the City for any damage resulting from development activity on the subject property which is related to a hazardous liquid pipeline. The agreement shall be recorded with the King County Recorder’s Office.

(Ord. 4749 § 1, 2021; Ord. 4371 § 1, 2012)

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118.50 Setback Requirements

1.    Hazardous Liquid Pipeline Corridor – No landfilling or excavation and no construction or expansion of structures is allowed within the corridor other than those authorized by the pipeline operator.

2.    Areas Adjacent to the Hazardous Liquid Transmission Pipeline Corridor

a.    All development activity, landfilling, excavation and construction shall be set back a minimum of 25 feet from the edge of the corridor.

b.    The Planning Official may expand the setback when necessary to meet the purpose of this section due to site-specific conditions, such as proposed major land surface modification or proximity of the pipeline.

c.    The Planning Official may reduce the setback due to site-specific conditions and an applicant’s demonstration that the purpose of this section will be met. Factors to be considered shall include but are not limited to:

1)    Pipeline location as determined using the pipeline operator’s normal locating procedures; and

2)    Type of construction proposed.

d.    If the Planning Official reduces the setback from the corridor, the following applies:

1)    The setback shall be a minimum of 30 feet from the nearest edge of the pipeline.

2)    The setback shall be measured from the nearest edge of the hazardous liquid pipeline.

3)    The location of the pipeline and the reduced setback shall be shown on all approved site plans and subdivisions.

3.    Exemptions – Streets, utilities, trails and similar uses shall be exempt from subsections (2)(a) and (b) of this section; provided, that the pipeline operator shall be notified prior to landfilling, excavation or construction.

4.    Emergency Work – In the event of any emergency in which a 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 pipeline operator shall not be required to comply with this chapter or obtain permits prior to taking corrective action. The pipeline operator shall, however, call 911 immediately upon learning of the emergency.

5.    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 Planning Official.

(Ord. 4371 § 1, 2012)

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118.60 Requirements for Land Use Compatibility

1.    High Consequence Land Uses

a.    New high consequence land uses, as defined in KZC 5.10.358, proposed to be located within 500 feet of a hazardous liquid pipeline corridor are prohibited.

b.    Proposed expansions to existing high consequence land uses located within 500 feet of a corridor shall be reviewed by the Planning Official to ensure that they are designed to avoid increasing the level of risk in the event of a pipeline failure, and where feasible, reduce the risk compared to the existing development. Potential techniques to minimize risk include but are not limited to:

1)    Site design features, such as maintaining or increasing the distance between occupied structures, or structures that provide critical lifeline functions, and the pipeline and anticipated flow paths for leaking hazardous materials.

2)    Building features, which do not result in a significant increase in on-site population or which expedite evacuation.

3)    Technological features which provide accelerated notice of a pipeline failure to high consequence land uses to facilitate evacuation or which help avoid damage in the event of a failure of the pipeline.

4)    Operational features, such as emergency plans and education programs developed in consultation with the Fire Department, including:

a)    The level of emergency planning and procedures appropriate for the proposed development. Based on the nature, occupancy, or location of a proposed development, the Fire Department may require emergency plans and procedures for any occupancy classifications.

b)    Plans and programs for occupants and employees concerning pipeline safety, such as what to be aware of and how to respond in the event of a problem and drills.

c)    Emergency plans and procedures shall be consistent with the Kirkland Fire Code and shall be approved by the Fire Department.

2.    Location – Prior to commencing any development activity, landfilling, excavation or construction on properties that abut a corridor, notification shall be given through the one-call locator service prior to commencement of any of the permitted work.

(Ord. 4371 § 1, 2012)

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118.70 Variances

Relief from the setback requirements of this chapter shall be in accordance with the standards and procedures found in Chapter 120 KZC, Variances. The City shall provide written notice of the variance proposal to the pipeline operator and any comments provided shall be incorporated into the findings of the decision.

(Ord. 4371 § 1, 2012)

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