As used in this chapter, the following terms shall have the
meanings indicated:
APPLICANT
Any person, entity, business or corporation seeking to perform
energy source operations within the municipal boundaries of Crescent
Township.
ENERGY SOURCE OPERATIONS
Those operations that involve the transmittal of seismic
waves to model the geophysical properties of the earth's crust.
MUNICIPAL AUTHORITY
Any water or sewer authority providing said service to areas
within the municipal boundaries of the Township.
TOWNSHIP
The Township of Crescent, Allegheny County, Pennsylvania.
TOWNSHIP ENGINEER
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.
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.
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.
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.