[HISTORY: Adopted by the Borough Council of the Borough of
Dravosburg as indicated in article histories. Amendments noted where
applicable.]
[Adopted 7-15-2014 by Ord. No. 2014-04]
As used in this article, the following terms shall have the
meanings indicated:
The Borough of Dravosburg.
An operation that involves the transmittal of seismic waves
to model the geophysical properties of the earth's crust.
It shall be unlawful for any person to conduct any exploration
activities within the Borough of Dravosburg regarding oil, gas, and/or
other materials by the use of energy source operations, including,
without limitation, weight drops and/or vibrating machines, thumper
trucks or any other vehicles or equipment that causes vibrations,
without first obtaining a permit therefor from the Borough of Dravosburg,
and the use of explosives for such activities is strictly prohibited.
A.
Application for a permit hereunder shall be made with the Engineer
for the Borough of Dravosburg.
B.
Such application shall contain the following information:
(1)
Name of the applicant;
(2)
Address of the applicant;
(3)
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;
(4)
A traffic control plan for any operations or testing that will impede
traffic on a public right-of-way; and
(5)
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 a copy of applicant's certificate of insurance
naming the Borough of Dravosburg as an additional insured.
C.
A nonrefundable permit fee of $1,000 for processing the application
and preparing the permit shall accompany each such application.
D.
An escrow of $4,000 will be included with the application to pay
for the Borough staff, solicitor, engineer and consultant time to
process the application, coordination, inspections and other necessary
tasks.
E.
On receipt of such application, the Borough Engineer shall prepare
a report showing all Borough facilities or infrastructure that may
be negatively affected by the proposed exploration activity located
in the testing area shown in such application. Such report and the
application shall then be submitted to the Borough Secretary with
the recommendation of the Borough Engineer.
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 Borough
Engineer, and all energy source operations shall be completed within
said term. The applicant shall notify the Borough Engineer a minimum
of three business days in advance of the actual commencement of energy
source operations. Once operations have commenced, in the event 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 Borough Engineer, 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.
A.
All geophysical operations shall be limited to the areas identified
in the application. A copy of such map shall be attached to any permit
issued by the Borough of Dravosburg. If, during the course of operations,
any utility line must be relocated to maintain compliance with the
terms and conditions set forth herein or to ensure the safety of the
general population, the applicant shall notify the Borough Engineer
at least three business days prior to embarking on such relocation,
which shall be performed in compliance with Borough of Dravosburg
standards, and such relocation must be approved in advance by the
Borough Engineer.
B.
The applicant shall employ a licensed engineer or geologist specializing
in vibration analysis, to be approved by the Borough of Dravosburg,
who 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 Borough Engineer 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 by the
applicant at the time of the request.
C.
The applicant shall obtain written permission, as required by law,
from property owners before entering upon or crossing private property
and shall provide written proof of such permission to the Borough
Engineer.
D.
The applicant shall be responsible for and shall settle all reasonable
and legitimate claims, demands, and causes of action relating to property
or persons arising out of or as a result of the applicant's operations
under this permit; shall handle all such claims in an expedient manner;
and shall provide written notice to the Borough Engineer of all such
claims, demands, causes of action and/or settlements.
A.
The applicant shall notify the Borough Engineer and each owner of property, in writing, by United States mail to or personal delivery at the property, located within 250 feet of its planned energy source operations a minimum of 10 working days prior to the conducting of any test or as required by law if a greater distance is specified. Said notice will include the anticipated start date of energy source operations and the energy source planned to be used. The applicant will offer to provide and will provide if requested, to such owner, in writing, the insurance information required by § 205-3 to be included in its application.
B.
The applicant shall notify the Borough Engineer and each owner of
property, in writing, by United States mail to or personal delivery
at the property, located within 125 feet, or as required by law if
a greater distance is specified, of vibroseis or weight drop tests,
a minimum of 10 working days prior to the conducting of any test,
of the availability at no cost to the property owner of pre- and post-test
inspections of all structures located on or under said property, including
appropriate testing for water wells. The applicant shall perform the
offered inspections if requested by the property owner before commencing
any testing and shall provide a copy of the test results to the property
owner and the Borough Engineer. The applicant shall maintain records
of such inspections for a period of two years and shall provide all
test and inspection results to the Borough Engineer.
C.
The applicant shall place newspaper advertisements in a daily newspaper of general circulation in the Borough of Dravosburg, of not less than three inches by four inches, explaining the work to be performed, the location of the proposed work, and a toll-free telephone number where residents may call for more information. Said advertisements shall be placed in all publication days during the two-week period prior to the issuance of the permit, and again during the two-week period immediately before actual operations commence in the testing area. The toll-free telephone number provided by the applicant shall be answered during hours of operation as set forth in § 205-5 while work is ongoing in the Borough of Dravosburg, and an answering machine shall be installed to receive after-hour calls.
A.
The applicant shall engineer all source locations (vibrator source seep frequency and drive levels or other geophysical sources) so that no structure, subject to limitations contained in § 205-10D herein, shall be subject to any peak particle velocity greater than 0.6 inch per second.
B.
Using industry standard equipment and techniques, the licensed engineer required by § 205-5 shall monitor and record, during operations, all pertinent locations to ensure compliance with the maximum peak particle velocity established by Subsection A. If peak particle velocity for any test exceeds said maximum, the engineer shall notify the Borough Engineer and cease all operations until corrections are made. The applicant shall maintain all documentation of monitoring activities for a period of at least two years and provide such documentation to the Borough Engineer.
C.
The applicant shall obtain location maps for all water wells, underground
hazardous waste storage/disposal sites, and water, sewer, oil, gas,
and chemical pipelines located in the testing area and shall conduct
all energy source operations in a manner so as to not damage, interrupt,
or otherwise interfere with said structures. Information obtained
by the applicant shall be used by the surveying teams and operations
manager to ensure compliance with the terms and conditions of this
permit and that safe operating distances are maintained. If requested
by the applicant, the Borough of Dravosburg shall make available for
inspection and copying maps and other documents in the Borough's
possession, upon payment by the applicant of the appropriate fee charged
by the Borough for such copying, but any reliance by the applicant
on any information or documents furnished by the Borough of Dravosburg,
its agents, representatives, and employees, whether written or verbal,
shall be at the sole risk of the applicant and the following disclaimer
shall be placed on and shall apply to any and all such information:
APPLICANT ACKNOWLEDGES THAT THE BOROUGH OF DRAVOSBURG 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 BOROUGH
OF DRAVOSBURG 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.
D.
All Borough of Dravosburg-owned structures and other owned structures,
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 it may be subjected to a peak particle
velocity greater than 0.35 inch per second. The Borough of Dravosburg
shall have the option of receiving reimbursement of its actual cost
of performing said inspection or having the inspection done by a third-party
firm hired by the applicant. Any reimbursement provided by this section
shall be paid to the Borough of Dravosburg within 30 days following
the applicant's receipt of an invoice from the Borough of Dravosburg.
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.
The applicant shall restore, at its own cost, any Borough of Dravosburg-owned
lands or rights-of-way used in its operations to their original condition
just prior to the testing operations, free of damage, including ruts
or any injury or damage to landscaping.
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. The applicant shall adhere to all applicable
PennDOT traffic standards.
C.
The applicant shall notify the Borough Engineer of any equipment
to be operated on Borough of Dravosburg streets that will exceed a
maximum load limit of 20,000 pounds; post an appropriate street bond
for equipment exceeding the weight limits of any affected streets
in an amount determined by the Borough Engineer; 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
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 Borough Engineer a schedule of
each week's test plans. The Borough Engineer shall inspect the
road before and after testing, and the applicant shall pay any and
all costs incurred by the Borough of Dravosburg as a result of these
inspections.
B.
All vibroseis or weight drop operations shall be conducted a minimum
distance of 150 feet or as required by law if a greater distance is
specified 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.
C.
The applicant shall maintain and provide to the Borough Engineer,
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.
The applicant shall notify the Borough Engineer within 24 hours after
the occurrence of any violation of these permit requirements.
A.
The applicant shall submit to the Borough of Dravosburg a performance
bond in the amount of $1,000,000 from a surety authorized to do business
in Pennsylvania. 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 conditions: There shall
be recoverable by the Borough of Dravosburg, jointly and severally
from the principal and surety, any and all damages, loss or costs
suffered by the Borough in connection with the applicant's geophysical
operations with the Borough. 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 60 days after receipt
by the Borough of Dravosburg, by registered mail or written notice,
of such intent to cancel or not to renew." The rights reserved by
the Borough of Dravosburg with respect to the bond are in addition
to all other rights of the Borough of Dravosburg and no action, proceeding
or exercise of a right with respect to such bond shall affect any
other rights of the Borough of Dravosburg.
B.
Prior to conducting any operations hereunder, the applicant and/or
its contractors shall furnish a certificate of insurance to the Borough
of Dravosburg showing the Borough as an additional insured with respect
to operations conducted within the Borough and showing liability insurance
coverage covering commercial, personal injury and general liability
in amounts not less than $5,000,000 property damage.
C.
The applicant shall protect, indemnify, defend and hold the Borough
of Dravosburg, 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 Borough of Dravosburg. Within 30 days
of receipt of same, the applicant shall notify the Borough of Dravosburg,
in writing, of each claim for injuries to, or 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 Borough of Dravosburg's discretion, the Borough
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 certificates of insurance have been filed
with the Borough Secretary.
A person who knowingly violates any provision of this article
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.
