[HISTORY: Adopted by the Board of Commissioners of the Township
of North Huntingdon as indicated in article histories. Amendments
noted where applicable.]
[Adopted 11-20-2013 by Ord. No. 2198]
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 properties of the Earth's subsurface strata.
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 from the Township. To the extent an applicant,
pursuant to this article, 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 article.
A.
Application
for a permit hereunder shall be made with the Township. Such application
shall contain the following information:
(1)
Name
of the applicant;
(2)
Address
of the applicant;
(3)
Type
of explosives or other geophysical methods of mineral exploration
to be used, and the purposes therefor;
(4)
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;
(5)
A traffic
control plan for any operations or testing that will impede traffic
on a public right-of way; and
(6)
The
applicant's insurance information, including the name of the 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 the procedure for obtaining a copy of the applicant's certificate
of insurance.
C.
On receipt
of such application, the Township shall prepare a report showing all
Township facilities or infrastructure that may be 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 Board of Commissioners with the recommendations of Township
staff. No permit shall be issued except upon approval of the Township
Board of Commissioners.
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 a minimum
of seven 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 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.
A.
All geophysical operations shall be limited to the areas determined
by the Township Board of Commissioners and depicted on the map kept
in the Township Office. A copy of such map shall be attached to any
permit issued by the 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 Township Office
at least seven business days prior to embarking on such relocation,
which shall be performed in compliance with Township standards.
B.
The applicant shall employ an engineer specializing in seismology
to be approved by the Township, who shall be available during the
entire period of testing to mitigate any potential damage to public
or private property. Trained and experienced technicians under the
supervision of the licensed engineer must be on site at all times.
The applicant shall also designate a point of contact who will respond
within 24 hours to any request from the Township 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 certified United States Mail to or personal service at the property, prior to the conducting of any test. 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 § 371-3 to be included in its application.
B.
The applicant shall notify each owner of property, in writing, by
United States Mail to or personal delivery at the property, within
300 feet of charge tests or 150 feet of vibroseis or weight drop tests
from the actual building structures, a minimum of 10 working days
prior to the conducting of any test. Contact information should be
provided in the conducting of any test. Contact information should
be provided in the notice. The applicant shall maintain records of
such inspections for a period of two years and shall make such records
available upon request by the Township.
C.
The applicant shall place newspaper advertisements in the Tribune Review newspaper 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 continuously during the two-week period immediately before the permit application is scheduled to be considered by the Township Board of Commissioners, 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 § 371-8 while work is ongoing in the Township, and an answering machine shall be installed to receive after-hour calls.
A.
The applicant shall engineer all source locations (explosive charge size and depth, and vibrator source sweep frequency and drive levels or other geophysical sources) so that no structure, subject to limitations contained in § 371-10D herein, shall be subject to any peak particle velocity greater than 6/10 inch per second. The applicant shall conduct all the necessary engineering tests on property located in proximity to the Township and containing soils similar to that at the planned locations of the geophysical operations, and shall provide all reports to the Township in an appropriate format for evaluation at the time of application.
B.
Using industry standard equipment and techniques, the engineer required by § 371-5 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 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 the Township.
C.
The applicant shall obtain location and/or maps for all water wells,
septic systems, underground hazardous waste storage/disposal sites,
and water, sewer, oil, gas and chemical pipelines as well as underground
utilities 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,
the Township shall make available for inspection and copying, maps,
if any, prepared by or on behalf of the Township that indicate subsurface
structures or facilities; provided, however, that the applicant's
reliance on any information furnished by the 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 the 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 the 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 Township-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 subjected
to a peak particle velocity greater than 35/100 inch per second. The
Township shall have the option of receiving reimbursement of its actual
cost of performing said inspections or having the inspections done
by a third-party firm hired by the applicant. Any reimbursement provided
by this section shall be paid to the Township within 30 days following
the applicant's receipt of an invoice from the 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, Township-owned lands
or rights-of-way and residents' property 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.
C.
The applicant shall notify the Township of any equipment to be operated
on Township streets that will exceed the maximum load limit 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.
Operations under the permit shall be barred when the Township determines
that the ground conditions are such that operations would cause ruts
deeper than five inches in the rights-of-way or easements. In addition,
when ground conditions would cause the tracking of mud, gravel, rock,
or debris onto the roadway surface of any right-of-way or other Township
improvements in a way that creates a safety hazard or potential for
damage to vehicles, operations shall include measures to prevent such
hazardous tracking. In the event that hazardous tracking occurs, the
applicant shall immediately clean the roadway of all mud, gravel,
rock or debris and cease operations until such time as appropriate
preventative measures are implemented to ensure that said hazardous
tracking does not occur.
F.
Each testing
crew performing work that impedes the flow of traffic, such as testing
on Township streets or rights-of-way, shall be accompanied by appropriate
traffic control personnel and conducted in accordance with PennDOT
standards. The applicant 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 Township a schedule of each week's
test plans. If thumper trucks are utilized on Township roads, which
shall require permission from the Township, the Township Engineer
shall inspect the road before and after testing. The applicant shall
pay any and all costs incurred by the 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 or movable
property of any kind and which is affixed to the land. No charge test
shall be detonated within 300 feet of any building, water well or
underground hazardous waste storage/disposal site. Additional buffers
beyond 300 feet will be based on results of a ground attenuation analysis
in the region and PA DEP regulations, but will not be less than 300
feet. Monitoring beyond 300 feet on random structures and structures
of concern will determined as needed by the operator.
C.
The applicant shall maintain and make available upon request to the
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 than
5/10 inch per second.
E.
Explosives shall be transported in constantly attended Type 3 magazines
as defined by Section 1902.4.7 of the 1994 Standard Fire Prevention
Code. All vehicles transporting explosives will be placarded according
to Regulation of Hazardous Materials 49 CFR. Only the necessary amount
of explosives for each day's operations, during such period as the
permit is in effect, shall be transported within the Township at any
given time. No explosives shall be stored within the corporate Township
limits, unless approved by the Emergency Management Coordinator or
his designee. If such storage is approved, explosives must be stored
in a locked and secure, constantly attended Type 2 magazine, as defined
by Section 1902.4.6 of the 1994 Standard Fire Prevention Code, at
a single, isolated, and sparsely populated location.
F.
The applicant shall notify the Township, within three business days
after the occurrence of any violation of these permit requirements.
A.
The applicant shall submit to the Township a performance bond in
the amount of $100,000 from a surety authorized to do business in
the state. 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 the 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 the Township, by registered mail or
written notice, of such intent to cancel or not to renew." The rights
reserved to the Township with respect to the bond are in addition
to all other rights of the Township, and no action, proceeding or
exercise of a right with respect to such bond shall affect any other
rights of the Township.
B.
Prior to conducting any operations hereunder, the applicant and/or
its contractors shall furnish a certificate of insurance to the Township
showing the Township as an "additional insured" with respect to operations
conducted within the Township and showing liability insurance coverage
covering commercial, personal injury, and general liability in amounts
not less than $1,000,000 per person, $3,000,000 per occurrence, and
$1,000,000 property damage.
C.
The applicant shall protect, indemnify, defend and hold the 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 the
Township in defending against any such claims, demands, and causes
of action. Within 30 days of receipt of same, the applicant shall
notify the Township, 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 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 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 $300. Each day of violation shall
constitute a separate offense.
The enactment and existence of this article 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
article 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 article does not concomitantly
confer any right to perform energy source operations on such property.
This article neither expands nor limits the requirements for energy
source operations on private property, but rather leaves applicable
law regarding the same intact. This article 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 article. Accordingly, the Township
shall not, as a result of any decision to grant or deny any permit
under this article, be held liable for any harm directly or indirectly
related to energy source operations performed in the Township.
