[HISTORY: Adopted by the Board of Commissioners of the Township
of Crescent 8-8-2013 by Ord. No. 545. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Any person, entity, business or corporation seeking to perform
energy source operations within the municipal boundaries of Crescent
Township.
Those operations that involve the transmittal of seismic
waves to model the geophysical properties of the earth's crust.
Any water or sewer authority providing said service to areas
within the municipal boundaries of the Township.
The Township of Crescent, Allegheny County, Pennsylvania.
The Engineer appointed by the Township to act as its agent
with regard to this chapter.
It shall be unlawful for any person, entity, business or corporation
to conduct any surveying/exploration activities within the Township
pertaining to oil, gas, and/or other geologic materials by the use
of energy source operations, including, without limitation, drilling
shot holes, weight drops, explosives, and/or vibrating machines, vibroseis
equipment, thumper trucks or any other vehicles or equipment that
causes vibrations, without first obtaining a permit therefor from
the Township.
A.
Application for a permit hereunder shall be made with the Township
of Crescent and reviewed by the Crescent Township Engineer. Such application
shall contain the following information:
1.
Name of the applicant;
2.
Address of the applicant;
3.
The property owner's name and tax parcel number;
4.
The type of explosives or other geophysical methods of mineral exploration
to be used, and the purposes therefore;
5.
A map designating a testing area and showing the location of all
points of use and the energy source to be used at each point;
6.
A traffic control plan for any operations or testing that will impede
or redirect traffic on a public right-of-way;
7.
The applicant's insurance information, including the name of
applicant's insurance carrier, the types and amount of insurance
covering its proposed operations, the name and telephone number of
an individual to contact in case of a claim for personal injury or
property damage, and the procedure for obtaining a copy of the applicant's
certificate of insurance;
8.
Proof of the right or license to handle explosives in the Commonwealth
of Pennsylvania;
9.
Documentation that soils information for the region has been reviewed
and identifications of areas where special precautions are to be taken
regarding landslide prone areas or other areas designated as sensitive
soil conditions; and
10.
Other pertinent information as required herein.
B.
The application shall be accompanied by a nonrefundable permit fee
calculated as follows: $1,500. In the event that the actual costs
incurred by the Borough exceed the sum of $1,500 for processing the
application and preparing the permit, then in that event, those additional
costs shall be imposed on the applicant and no permit shall be issued
until said costs are paid in full.
C.
The application must also include a report prepared by the applicant
showing all Township and municipal authority facilities and infrastructure,
as well as all utilities and infrastructure owned by others that may
be negatively affected by the proposed activity located in the testing
area shown in such application. All costs associated with the preparation
of said report shall be borne by the applicant. Such report and the
application shall then be submitted to the Township for review by
the Township Engineer and subsequent submittal to the Commissioners.
Every municipal authority and other organization or entity that owns
and/or operates facilities that are noted in the report as being susceptible
to negative affect shall be provided with a copy of the report no
later than the time it is submitted to the Commissioners. The Board
of Commissioners will consider the applicant's request at the
next public meeting if the Board has the report at least 10 days before
the meeting. If not, the Board will consider the applicant's
request at the following public meeting. No permit shall be issued
except upon approval of the Township Commissioners.
The term of a permit issued under this chapter shall be for
18 months beginning on the date of approval of the permit by the Board
of Commissioners, and all energy source operations shall be completed
within said term. The applicant shall notify the Township Engineer
a minimum of three business days in advance of the actual commencement
of energy source operations.
A.
All geophysical operations shall be limited to the areas approved
by the Township Board of Commissioners and depicted on the map submitted
by the applicant and kept at the Township building. A copy of such
map shall be attached to any permit issued by the Township. If, during
the course of operations, all or a portion of any infrastructure,
utility line or related facility must be relocated to maintain compliance
with the terms and conditions set forth herein or to ensure the safety
of the general population, such relocation shall only be conducted
with the written approval of the owner and operator of the infrastructure,
utility line or related facility. The applicant shall notify the Township
Engineer or his designee at least three business days prior to the
commencement of work on any such relocation, which shall be performed
in compliance with any and all applicable laws, rules, regulations
and standards and at no cost to the Township, municipal authority
or other owner or operator of the relocated or affected infrastructure,
utility line or related facility. In those cases where public utilities
such as water and sanitary sewer services are impacted, work may be
delayed if those services are to be disrupted and temporary services
must be provided. Temporary service provisions will be planned by
the applicant and approved by the Township/municipal authority, and
all costs for providing temporary services will be paid by the applicant.
B.
The applicant shall provide the Township with the complete resume
of the project manager detailing his/her experience and education
in seismic operations, years and types of work in the field of seismic
operations and identifying all previous seismic operations overseen
by the project manager. Said project manager shall be on the job site
during the entire period of testing to mitigate any potential damage
to public or private property. The applicant shall also designate
a point of contact who will respond within 24 hours to any request
from the Township Engineer or his designee for information regarding
the applicant's testing operations, including a request for maps
of the testing area that show the points of use as planned, prepared
by or on behalf of the Township that indicate subsurface structures
or facilities; provided, however, that the applicant's reliance
on any information furnished by the Township, its agents, representatives,
and employees, whether written or verbal, shall be at the sole risk
of the applicant with the following agreed upon disclaimer:
"Applicant acknowledges that the Township has not made any independent
investigation or verification of information regarding subsurface
structures and facilities furnished to applicant and makes no representation
or warranties as to the accuracy or completeness of such information.
Applicant expressly acknowledges that the Township makes no warranty
or representation, expressed or implied, or arising by operation of
law, including, but not limited to, any warranty of fitness for a
particular use or purpose of such subsurface information."
C.
All Township and applicable municipal authority (water and sewage)
owned structures, buildings, wastewater treatment facilities, pump
stations, including but not limited to susceptible underground utilities
(water mains, sewer mains, etc.), shall have pre- and post-testing
inspections paid for by the applicant if subjected to a peak particle
velocity greater than 0.35 inch per second. The Township and/or applicable
municipal authority shall have the option of receiving reimbursement
of its actual cost of performing said inspections or having the inspections
done by a third-party firm approved by the Township and/or municipal
authority and hired by the applicant. Any reimbursement provided by
this section shall be paid to the Township within 30 days following
the applicant's receipt of an invoice from the Township.
Energy source testing may be conducted from 8:00 a.m. until
the earlier of sunset or 7:00 p.m. local time, on Mondays through
Fridays, and from 9:00 a.m. until the earlier of sunset or 7:00 p.m.
local time, on Saturday and Sunday.
A.
The applicant shall restore, at its own cost, Township-owned lands,
roadways or rights-of-way used in its operations to the original condition
just prior to the testing operations, free of damage, including ruts
or any injury to landscaping. An excess maintenance agreement may,
at the sole discretion of the Township, be required for any such testing
operations. The applicant shall restore, at its own cost, municipal
authority-owned infrastructure, including water and sewer lines, structures,
facilities and related appurtenances.
B.
The applicant shall ensure that its operations will not interfere
with the free and safe flow of traffic. When operations are immediately
adjacent to the pavement, all equipment shall be parked and/or operated
in one lane of traffic.
C.
The applicant shall notify the Township Engineer of any equipment
to be operated on Township streets that will exceed the maximum posted
weight limit or 10 tons, whichever is greater, and obtain any special
permitting required.
D.
Cables placed on the pavement within rights-of-way must be arranged
so they do not create a hazardous condition or rumble strip effect.
All cables must be securely anchored to the roadway with materials
that will not damage and/or puncture the pavement. Nails, spikes,
and similar materials used for anchors shall not be placed inside
the pavement edge.
E.
Each testing crew performing work that impedes the flow of traffic,
such as testing on Township streets or rights-of-way, shall be accompanied
by a certified peace officer provided by the applicant. The applicant
shall furnish at its cost adequate signs, barricades, flares, flagmen,
etc., as necessary, to protect the traveling public.
A.
The applicant shall furnish to the Township's Engineer, or his
designee, a schedule of each week's test plans. If thumper trucks
are utilized on Township roads, which will require permission of the
Township, the Township Engineer shall inspect the road before and
after testing. The applicant shall pay any and all costs incurred
by the Township as a result of these inspections.
B.
All vibroseis or weight drop operations shall be conducted a minimum
distance of 150 feet from any building, which shall mean a structure
built for the support, shelter, or enclosure of persons, chattel,
or movable property of any kind and which is affixed to the land.
No charge test shall be detonated within 300 feet of any building,
water well, or underground hazardous waste storage/disposal site.
The applicant will provide multiple monitoring of any charge testing
within 600 feet of any occupied building.
C.
The applicant shall maintain and make available upon request to the
Township, for a period of two years, the daily log of energy source
tests showing date, location, energy source used, drive level, operator,
and all other related information, including seismic and pre- and
post-test survey.
D.
No energy source operation shall subject any building intended for
human habitation, utility line, water well, or underground hazardous
waste storage/disposal site to a peak particle velocity greater than
0.5 inch per second.
E.
Explosives shall be transported in constantly attended type-three
magazines as defined by Section 1902.4.7 of the 1994 Standard Fire
Prevention Code. All vehicles transporting explosives will be placarded
according to Regulation of Hazardous Materials, 49 CFR. Only the necessary
amount of explosives for each day's operations, during such period
as the permit is in effect, shall be transported within the Township
at any given time. No explosives shall be stored within the corporate
Township limits, unless approved by the Township's Fire Chief.
If such storage is approved, explosives must be stored in a locked
and secure, constantly attended type-two magazine, as defined by Section
1902.4.6 of the 1994 Standard Fire Prevention Code, at a single, isolated,
and sparsely populated location.
F.
The applicant shall notify the Township's Engineer, or designee,
within 24 hours after the occurrence of any violation of these permit
requirements. The Township Engineer is hereby authorized to issue
stop work orders for any violation of the provisions contained in
this chapter.
A.
The applicant shall submit to the Township a performance bond in
the amount of $250,000 from a surety authorized to do business in
the state. The performance bond shall be valid for a period of two
years from the date that the permit is issued. The bond shall provide,
but not be limited to, the following condition: there shall be recoverable
by the Township, jointly and severally from the principal and surety,
any and all damages, loss or costs suffered by the Township in connection
with the applicant's geophysical operations within the Township.
The bond shall contain the following endorsement: "It is hereby understood
and agreed that this bond may not be canceled by the surety company
until sixty (60) days after receipt by the Township, by registered
mail or written notice, of such intent to cancel or not to renew."
The rights reserved to the Township with respect to the bond are in
addition to all other rights of the Township, and no action, proceeding
or exercise of a right with respect to such bond shall affect any
other rights of the Township.
B.
Prior to conducting any operations hereunder, the applicant and/or
its contractors shall furnish a certificate of insurance to the Township
showing the Township as an additional insured with respect to operations
conducted within the Township and showing liability insurance coverage
covering commercial, personal injury, and general liability in amounts
not less than $1,000,000 per person, $3,000,000 per occurrence, and
$1,000,000 property damage.
C.
The applicant shall protect, indemnify, defend and hold the Township,
its officers, employees, agents, and representatives harmless from
and against all claims, demands, and causes of action of every kind
and character for injury to, or death of, any person or persons, damages,
liabilities, losses, and/or expenses, occurring or in any way incident
to, arising out of or in connection with its or its contractors',
agents', or representatives' operations under this permit,
including attorneys' fees, and any other costs and expenses incurred
by the Township in defending against any such claims, demands, and
causes of action. Within 30 days of receipt of same, the applicant
shall notify the Township, in writing, of each claim for injuries
to of death of persons or damages or losses to property occurring
or in any way incident to, arising out of, or in connection with its
or its contractors', agents', or representatives' operations
conducted under this permit. At the Township's discretion, the
Township may conduct an independent investigation, monitor, and review
the processing of any such claim to ensure that such claim is handled
as required herein.
D.
Any permit granted hereunder may be revoked upon breach of any term
or condition contained herein.
E.
Notwithstanding anything contained herein to the contrary, any permit
granted hereunder shall not be effective unless and until a copy of
the permit, signed by an authorized officer of the applicant, the
performance bond, and the certificate of insurance have been filed
with the Township Manager.
A.
The following application, which is attached hereto, marked respectively
as Exhibit A and made part of this chapter, is hereby approved: Application
for Permit To Conduct Seismic Testing/Survey[1]
[1]
Editor's Note: Exhibit A, Application for Permit to Conduct
Seismic Testing/Survey, is on file in the Township offices.
B.
The proper Township officials are hereby directed to immediately
commence using said application and permit.
The Applicant shall apply for and obtain a solicitor's
permit for each of its representatives involved in the work to be
performed under the permit to conduct seismic testing/survey in order
to properly identify said representative. The solicitor's permit
shall coincide with the term for the permit to conduct seismic testing/survey.
A one-time fee of $500 shall be paid by the applicant for the solicitor's
permit and identification badges for its representatives.
Any owner, operator, or other person who violates or permits
a violation of this chapter upon being found liable therefor in a
civil enforcement proceeding before a Magisterial District Judge,
shall pay to the Township a fine of not more than $500, plus all court
costs, including, but not limited to, reasonable attorney's fees
incurred by the Township on account of such violation. No penalty
or cost shall be imposed until the date the determination of the violation
by the Magisterial District Judge becomes final. If the defendant
neither pays nor timely appeals the judgment, the Township may enforce
the judgment as provided by law. Each day a violation exists after
final judgment shall constitute a separate offense. The amount of
the fine imposed shall be multiplied by the number of such days and
may be charged and collected as a judgment by the Township without
further judicial proceedings. Further, the appropriate officers or
agents of the Township are hereby authorized to issue a cease and
desist notice and/or to seek equitable relief, including injunction,
to enforce compliance herewith. No bond shall be required of the Township
if the Township seeks injunctive relief.
