[Ord. 7-2010, 2/10/2010, § 1]
Operations that involve the creation of seismic waves to
model the geophysical properties of the Earth's crust.
[Ord. 7-2010, 2/10/2010, § 2]
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 cause vibrations without first
obtaining a permit for such 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 Supervisors has the express right to
grant or deny any application under this Part.
[Ord. 7-2010, 2/10/2010, § 3]
1.
Application for a permit hereunder shall be made with the Canton
Township Zoning Officer. Such application shall contain the following
information:
A.
Name of the applicant;
B.
Address of the applicant;
C.
Type of explosives or other geophysical methods of mineral exploration
to be used, and the purposes therefore;
D.
A map designating a testing area showing the location of all points
of use and the energy source to be used at each point;
E.
A traffic control plan for any operations or testing that will impede
traffic on a public right-of-way;
F.
The location of all wires, cables, accelerometers and other equipment
to be placed on the Township right-of-way or properties; and
G.
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 the procedure for obtaining a copy of applicant's
certificate of insurance.
2.
A non-refundable permit fee as set by resolution of the Board of
Supervisors for processing the application and preparing the permit
shall accompany each such application.
[Amended at time of adoption of Code]
3.
On receipt of such application, the Zoning Officer or his designee.
No permit shall be issued except upon approval of the Township Board
of Supervisors.
[Ord. 7-2010, 2/10/2010, § 4; amended at time of
adoption of Code]
The term of a permit issued under this Part shall be for one
year beginning on the date of approval of the permit by the Board
of Supervisors, and all energy source operations shall be completed
within said term. The applicant shall notify the Zoning 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 Zoning Officer 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 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. 7-2010, 2/10/2010, § 5]
1.
All geophysical operations shall be limited to the areas determined
by the Township Board of Supervisors, and depicted on the map kept
in the Zoning Officer's 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 Zoning Officer
or his designee at least three business days prior to embarking on
such relocation, which shall be performed in compliance with Township
standards.
[Amended at time of adoption of Code]
2.
The applicant shall employ an engineer specializing in seismology,
to be approved by the 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 Zoning
Officer or 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.
[Amended at time of adoption of Code]
3.
The applicant shall obtain written permission, as required by law,
from property owners before entering upon or crossing their property.
4.
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.
[Ord. 7-2010, 2/10/2010, § 6]
1.
The applicant shall notify each owner of property, in writing, by U.S. Mail to or by 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. 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 § 13-603 to be included in its application.
2.
The applicant shall notify each owner of property, in writing, by
U.S. Mail to or by personal delivery at the property, within 400 feet
of charge tests or 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 costs to the property owner of pre- and post-test inspections
of all structures located on or under said property, including appropriate
testing an lab test water wells. The applicant shall perform the offered
inspections if requested if requested by 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 the Township.
3.
The applicant shall place newspaper advertisements in the newspaper of record in the 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 continuously during the two-week period immediately before the permit application is scheduled to be considered by the Township Board of Supervisors, and again during the two-week period immediately before the 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 § 13-605 while work is ongoing in the Township, and an answering machine shall be installed to receive after-hour calls.
[Ord. 7-2010, 2/10/2010, § 7]
1.
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 § 13-610, Subsection 4, herein, shall be subject to any peak particle velocity greater than 0.6 inch per second. 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. The applicant shall conduct all the necessary engineering tests on property located within a 100-mile radius from 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.
2.
Using industry standard equipment and techniques, the engineer required by § 13-605 shall monitor and record, during operations, all pertinent locations to ensure compliance with the maximum peak particle velocity established by Subsection 1. If peak particle velocity for any test exceeds said maximum, the engineer shall notify the Zoning Officer 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.
[Amended at time of adoption of Code]
3.
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 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.
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.
4.
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 0.35 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.
[Ord. 7-2010, 2/10/2010, § 8]
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.
[Ord. 7-2010, 2/10/2010, § 9]
1.
The applicant shall restore, at its own cost, 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. At its discretion, the Township may
require a road bond or maintenance agreement for road-based testing.
2.
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.
3.
The applicant shall notify the Zoning Officer of any equipment to
be operated on Township streets that will exceed the maximum weight
limit established by the Township's Engineers, and shall obtain
any special permitting required.
[Amended at time of adoption of Code]
4.
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.
5.
Operations under the permit shall be barred when the Zoning Officer
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.
[Amended at time of adoption of Code]
6.
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 a certified peace officer provided by the applicant. The applicant
shall furnish, at its cost, adequate signs, barricades, flares, flagmen,
etc., as necessary, to protect the traveling public.
[Ord. 7-2010, 2/10/2010, § 10]
1.
The applicant shall furnish to the Township's Zoning Officer
or designee a schedule of each week's test plans. If thumper
trucks are utilized on Township roads, which will require permission
of the Township, the Township Engineer shall inspect the road before
and after testing. Applicant shall pay any and all costs incurred
by the Township as a result of these inspections.
[Amended at time of adoption of Code]
2.
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. No
charge test shall be detonated within 300 feet of any building, water
well or underground hazardous waste storage/disposal site. The applicant
will provide multiple monitoring of any charge testing within 300
feet of any occupied building. Operations specified herein shall comply
with current regulations as promulgated by the Department of Environmental
Protection. After testing, all holes shall be filled (closed).
3.
The applicant shall maintain and make available upon request by 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.
4.
Explosives shall be transported in constantly attended type-three
magazines as defined by § 1902.4.7 of the 1994 Standard
Fire Prevention Code. All vehicles transporting explosives will be
placarded according to Regulation of Hazardous Materials, Title 49,
CFR. Only the necessary amount of explosives for each day's operations,
during the 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 Township's
Fire Chief. If such storage is approved, explosives must be stored
in a locked and secure, constantly attended type-two magazine, as
defined by § 1902.4.6 of the 1994 Standard Fire Prevention
Code, at a single, isolated and sparsely populated location.
5.
The applicant shall notify the Township's Zoning Officer, or
designee within three business days after the occurrence of any violation
of these permit requirements.
[Amended at time of adoption of Code]
[Ord. 7-2010, 2/10/2010, § 11]
1.
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 cancelled 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.
2.
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.
3.
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 it or its contractors',
agents' or representatives' operations under this permit,
under this permit, including attorneys' fees and any other costs
and inspections incurred by the Township in defending against any
such claims, demands and causes of action. Within 30 days of receipt
of the same, the applicant shall notify the Township, in writing,
of each claim for injuries, death or persons or damages or losses
to property 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.
4.
Any permit granted hereunder may be revoked upon breach of any term
or condition contained herein.
5.
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.
[Ord. 7-2010, 2/10/2010, § 12; amended at time
of adoption of Code]
Any person who violates or permits a violation of this chapter
shall, upon conviction in a summary proceeding brought before a Magisterial
District Judge under the Pennsylvania Rules of Criminal Procedure,
be guilty of a summary offense and shall be punishable by a fine of
not more than $1,000, plus costs of prosecution. In default of payment
thereof, the defendant may be sentenced to imprisonment for a term
not exceeding 90 days. Each day or portion thereof that such violation
continues or is permitted to continue shall constitute a separate
offense, and each section of this chapter that is violated shall also
constitute a separate offense.
[Ord. 7-2010, 2/10/2010, § 14]
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 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 any individual, group
or entity permitted by the Board of Supervisors 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 any operations performed in the Township.
