[HISTORY: Adopted by the Board of Commissioners of the Township
of South Fayette as indicated in article histories. Amendments noted
where applicable.]
[Adopted 9-19-2012 by Ord. No. 2-2012]
As used in this article, the following terms shall have the
meanings indicated:
Operations that involve the transmittal of seismic waves
to model the geophysical or geophysical properties of the Earth's
crust.
It shall be unlawful for any person to conduct any exploration
activities within South Fayette Township 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 South Fayette Township.
Use of explosives for such activities is prohibited.
Application for a permit hereunder shall be made with the South
Fayette Township's Code Enforcement Officer. 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, a copy of applicant's certificate of insurance
naming the Township as an additional insured. A nonrefundable permit
fee of $500 for processing the application and preparing the permit
shall accompany each such application. An escrow of $4,000 will be
included with the application to pay for the Township staff, solicitor,
and consultant time to process the application, coordination, inspections
and other tasks as described in the Township Fee Resolution. On receipt
of such application, the Code Enforcement Officer or his designee
shall prepare a report showing all municipal 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 Township Manager
with the recommendations of the Code Enforcement Officer or his designee.
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 Township
Manager, and all energy source operations shall be completed within
said term. The applicant shall notify the Code Enforcement Officer
or his designee a minimum of three business days in advance of the
actual commencement of energy source operations. Once operations have
commenced, in the event 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
Manager or his designee, for a period of time not to exceed six months,
upon written request by the applicant setting forth full particulars
of the circumstances, causing delays 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 South Fayette Township. 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 Code Enforcement
Officer or his designee at least three business days prior to embarking
on such relocation, which shall be performed in compliance with South
Fayette Township standards.
B.
The applicant shall employ a licensed engineer or geologist specializing
in vibration analysis to be approved by South Fayette Township, 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 Township Manager 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 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 their property.
D.
The applicant shall be responsible for and shall settle all reasonable
and legitimate claims, demands, and causes of actions relating to
property or persons arising out of or as a result of the applicant's
operations under this permit and shall handle all such claims in an
expedient manner.
A.
The applicant shall notify each owner of property, in writing by U.S. 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 § 180-3 to be included in its application.
B.
The applicant shall notify each owner of property, in writing by
U.S. mail to or personal delivery at the property, located within
125 feet 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. The
applicant shall maintain records of such inspections for a period
of two years and shall make such records available upon request by
South Fayette Township.
C.
The applicant shall place newspaper advertisements in the newspaper of record in South Fayette Township 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 § 180-5 while work is ongoing in South Fayette Township, 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 § 180-10D herein, shall be subject to any peak particle velocity greater than six-tenths-inch per second.
B.
Using industry standard equipment and techniques, the licensed engineer required by § 180-5 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 Township Manager or his designee 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 make said documentation available upon request for inspection by South Fayette Township.
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 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, South Fayette Township shall make available for
inspection and copying, maps, if any, prepared by or on the applicant's
reliance on any information furnished by South Fayette Township, 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:
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Applicant acknowledges that South Fayette 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 South Fayette
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.
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D.
All South Fayette Township-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 thirty-five-hundredths-inch per second. South
Fayette Township 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 South Fayette Township within
30 days following the applicant's receipt of an invoice from
South Fayette 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. Testing shall not be permitted on Sunday.
A.
The applicant shall restore, at its own cost, South Fayette Township-owned
lands 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.
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 Township Manager or his designee of
any equipment to be operated on South Fayette Township streets that
will exceed a maximum load limit of 20,000 pounds 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 South Fayette Township's Township
Manager, or designee, a schedule of each week's test plans. The
Municipal Engineer shall inspect the road before and after testing.
Applicant shall pay any and all costs incurred by South Fayette 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.
C.
The applicant shall maintain and make available upon request to South
Fayette 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 that
five-tenths-inch per second.
E.
The applicant shall notify the Township Manager, or designees, within
24 hours after the occurrence of any violation of these permit requirements.
A.
The applicant shall submit to South Fayette Township a performance
bond in the amount of $500,000 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 condition: There shall
be recoverable by South Fayette 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 60 days after receipt
by South Fayette Township, by registered mail or written notice, of
such intent to cancel or not to renew." The rights reserved to South
Fayette Township with respect to the bond are in addition to all other
rights of South Fayette Township and no action, proceeding or exercise
of a right with respect to such bond shall affect any other rights
of South Fayette Township.
B.
Prior to conducting any operations hereunder, the applicant and/or
its contractors shall furnish a certificate of insurance to South
Fayette Township showing the Township as an "additional insured" with
respect to operations conducted within South Fayette Township 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 South Fayette
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 South Fayette. Within 30 days of receipt
of same, the applicant shall notify South Fayette Township, in writing,
of each claim for injuries to, or death or, 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
South Fayette 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 certificates of insurance have been filed
with the Township Manager.
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.
