Natural Resources - Laserfiche WebLink

Browse Search

§ 102-242 LA PORTE CODE (2) The availability and cost of right-of-way to and from the corridor; (3) Technical, environmental, safety, efficiency and cost issues related to building, oper- ating and maintaining both the portion of the pipeline that would be located in the corridor and the lengths of pipeline required to gain access to and from routing through a corridor; (4) Any delays in right-of-way acquisition or pipeline construction that may result from routing through a corridor; (5) The availability of an alternative right-of-way to the owner or operator; and (6) All other matters that a prudent pipeline owner or operator would consider in selecting the route for a new pipeline. Provided that the owner or operator has considered in good faith the use of existing corridors within the city, the determination of the owner or operator as to the feasibility shall be determinative, unless there is clear and convincing evidence that contradicts the conclusion of the owner or operator. (b) When it is not feasible for a new pipeline to be located within an existing corridor, the pipeline should, to the extent practical: (1) Follow property boundaries of fee parcels or existing easements to avoid unnecessary fragmentation of land and avoid diagonal routes that would create slivers of land (" between public ways, except if following: a. Manmade or topographical features is in the public interest; b. Boundary lines or existing easements is impractical under the circumstances; C. Boundary lines or existing easements poses safety concerns; or d. Boundary lines or existing easements would not be feasible. (2) Avoid areas of unique recreational or aesthetic importance, environmentally sensitive areas and areas of historical or cultural significance, unless appropriate mitigation measures are undertaken to the satisfaction of the director; and (3) Avoid conflict with existing or planned urban developments as well as the location of Planned future streets and laying of planned water, sanitary sewer and storm sewer lines, structures and ditches incident to such future development. (Ord. No. 2004-2755, § 1, 7-12-04) Sec. 102-243. Liability. A condition of granting any permit shall require the permittee to save the city harmless from liability for injury or damage to any person or person's property caused by the construction, relocation, repositioning, maintenance, operation, repair or removal of any part or all of such pipeline within any public right-of-way or easement; and shall require the permittee to pay to the city all damages caused to the city by construction relocation, repositioning, maintenance, operation, repair or removal of such pipeline or any part thereof. Supp. No. 11 CD 102:22