(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BUILDING. A structure designed primarily for human use or occupancy including businesses, offices, educational facilities, medical facilities, residences and institutions. Decks, overhangs, porches or similar attached structures are considered part of the BUILDING. BUILDING does not include appurtenances required to operate or maintain pipeline systems.
COMMISSIONER. The Commissioner of Public Safety.
OTHER DEVELOPMENT. Commercial, industrial or agricultural development when it results in the construction of a building or place of public assembly.
PIPELINE. Has the meaning given it in M.S. § 299J.02(11), as it may be amended from time to time.
(a) A pipe with a nominal diameter of six inches or more, that is used to transport hazardous liquids, but does not include pipe used to transport a hazardous liquid by gravity, and pipe used to transport or store a hazardous liquid within a refining, storage or manufacturing facility; or
(b) Pipe operated at a pressure of more than 275 pounds per square inch that carries gas.
PIPELINE EASEMENT. The existing easement or a subsequent easement resulting from the negotiation of a change in the boundaries of the existing easement.
PLACE OF PUBLIC ASSEMBLY. A site that is occupied by 20 or more persons on at least five days a week for ten weeks in any 12-month period. The days and weeks need not be consecutive.
(MRAC 7530)
(B) Purpose. The purpose of this section is to set out a model ordinance requiring a setback from pipeline sites where residential or other development may occur. The state model setback ordinance prohibits buildings and places of public assembly from being constructed closer to a pipeline than the boundary of the pipeline easement.
(MRAC 7530)
(C) Scope. This section applies to statutory or home rule charter cities, towns and counties that have planning and zoning authority under M.S. §§ 366.10 through 366.180 and 366.017, 394.21 through 394.37 or 462.351 through 462.365, as they may be amended from time to time, and in which a pipeline is located.
(MRAC 7530)
(1) Application. The model setback ordinance must be applied to any jurisdiction that has not adopted an approved setback ordinance by 8-1-1991.
(2) Approval process. The city shall submit a copy of its proposed ordinance to the Commissioner. The proposed ordinance must be compared to the definitions and model setback ordinance in Minn. Rules parts 7535.0100 and 7535.0500, as they may be amended from time to time, to ensure that the proposed setback meets or exceeds the minimum standards set out in the model. The Commissioner’s written decision on the proposed ordinance will be sent to the jurisdiction within 90 days of receipt. The decision must specify approval of the ordinance or areas of deficiency and recommended modifications.
(MRAC 7530)
(D) Model setback ordinance.
(1) Purpose. The purpose of a model setback ordinance set out in this part is to increase public safety by requiring that new development be set back from pipeline locations.
(2) Applicability. This ordinance applies to new residential and other development. It does not apply to development that has occurred or for which development permits have been issued before 7-1-1991.
(3) Setback. Buildings and places of public assembly subject to this ordinance shall not be constructed closer to the pipeline than the boundary of the pipeline easement.
(4) Variances.
(a) Variance procedures adopted by the local unit of government under M.S. §§ 366.10 through 366.19, 394.21 through 394.37 or 462.351 through 462.365, as they may be amended from time to time, shall apply.
(MRAC 7530)
(b) Copies of all notices of any public hearings to consider variances must by sent to the Commissioner or the Commissioner’s designated representative and postmarked at least ten days before the hearing.
(2004 Code, § 154.114) (Ord. 464, passed 1- -1996) Penalty, see § 154.999
Statutory reference:
Authority, see M.S. § 299J.05, as it may be amended from time to time