ND09 “Provide Flexibility for Developing Open Space along Transmission Pipeline Rights-of-Way”
Practice Statement Local governments should consider allowing site planning flexibility in the development of commercial, industrial or residential property whenever a transmission pipeline is located in, or in close proximity to, the proposed development.
Audience(s): Local Government
Practice Description
Site planning flexibility has been incorporated into the development regulations of many jurisdictions, often to accommodate development when there are environmental constraints, such as wetlands and other sensitive areas. Local governments have allowed clustered, higher-density development to be located within broader swaths of open space, thereby creating a buffer to and preserving sensitive areas.
The goal in this recommended practice is to allow the same overall density of development within a given area while providing more space between the transmission pipeline and the development, if there are indications that such flexibility would provide greater safety. While solutions are site specific due to a parcel’s topography, shape or size, local governments are encouraged to adopt regulations that allow creative designs that address both public and transmission pipeline safety concerns.
References
- Vancouver, Washington Municipal Code chapter 20.940, On-Site Density Transfers, for analogous land regulations that are used as described above when “sensitive lands and cultural resources” are located on the property.
- Richland, Washington Municipal Code 22.10.340, example of density transfer used to provide flexibility when there is a “sensitive area and associated buffer area or setback”.
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