[Ord. 912, 3/17/2014]
As used in this Part, the following terms shall have the meanings
indicated:
ENERGY SOURCE OPERATIONS
Operations that involve the transmittal of seismic waves
to model the geophysical properties of the Earth's crust.
[Ord. 912, 3/17/2014]
It shall be unlawful for any person to conduct any exploration
activities within the Township regarding oil, gas, and/or other materials
by the use of energy source operations, including without limitation
weight drops, explosives, and/or vibrating machines, thumper trucks
or any other vehicles or equipment that causes vibrations, without
first obtaining a permit therefore from the Township. To the extent
an applicant, pursuant to this Part, seeks to conduct energy source
operations on Township property, including but not limited to Township
roads, highways, and real estate, the Board of Commissioners has the
express right to grant or deny any application under this Part.
[Ord. 912, 3/17/2014]
The term of a permit issued under this article shall be for
one year 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 or his designee
a minimum of seven business days in advance of the actual commencement
of energy source operations. Once operations have commenced, in the
event that the applicant is rendered unable, wholly or in part, by
circumstances beyond the applicant's control, to complete operations
within the remaining term of the permit, then the time for completion
may be extended, at the sole discretion of the Township Commissioners,
for a period of time not to exceed six months, upon written request
by the applicant setting forth full particulars of the circumstances
causing the delay which were not within the control of the applicant
and which the applicant could not have avoided by the exercise of
due diligence and care.
[Ord. 912, 3/17/2014]
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. Testing shall not be permitted on Sunday.
A person who knowingly violates any provision of this Part shall
be deemed guilty of a misdemeanor and, upon conviction, shall be fined
in an amount not to exceed $2,000. Each day of violation shall constitute
a separate offense.
[Ord. 912, 3/17/2014]
The enactment and existence of this Part shall not be construed
as creating any right or entitlement whatsoever in any individual,
group or business entity to perform energy source operations on Township
property or any other property, private or public. Furthermore, this
Part shall not be construed as conferring the legal right to perform
energy source operations as described herein on private property,
and the issuance of a permit pursuant to this Part does not concomitantly
confer any right to perform energy source operations on such property.
This Part neither expands nor limits the requirements for energy source
operations on private property, but rather leaves applicable law regarding
the same intact. This Part shall not be construed as rendering on
behalf of the Township any statement, assertion, warranty or guarantee
concerning the scope, methods, and/or safety of energy source operations
by any individual, group, or entity permitted by the Board of Commissioners
under this Part. Accordingly, the Township shall not, as a result
of any decision to grant or deny any permit under this Part, be held
liable for any harm directly or indirectly related to energy source
operations performed in the Township.