[Adopted 9-19-2012 by Ord. No. 2-2012]
As used in this article, the following terms shall have the
meanings indicated:
ENERGY SOURCE OPERATION
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.
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 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.