[Adopted 1-25-2016 by Ord. No. 1061 (Ch. 82, Art. III, of the 1998 Township
Code)]
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.
A.
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.
B.
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 public rights-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.
B.
A permit fee shall accompany the application for testing. No application
shall be accepted or acted upon unless payment is made to the Township.
The Board of Commissioners shall create, by resolution, a schedule
of fees to be paid. The schedule of fees may be changed from time
to time by resolution of the Board of Commissioners.[1]
[1]
Editor's Note: The current fee resolution is on file at the
Township offices.
C.
Upon 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 recommendations of Township
staff. No permit shall be issued except upon approval of the Township
Board of Commissioners.
A.
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.
B.
The applicant shall notify the Township a minimum of seven business
days in advance of the actual commencement of energy source operations.
C.
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 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 before embarking on such relocation, which shall be performed
in compliance with Township standards and permitting procedures.
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 action 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 located within 125 feet of its planned energy source operations, in writing by U.S. Mail or personal delivery to the property, 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 § 185-16A(6) to be included in its application.
[Amended 12-11-2017 by Ord. No. 1074]
B.
The applicant shall notify each owner of property within 300 feet
of charge tests or 100 feet of vibroseis or weight drop tests (from
the actual building structures), in writing by U.S. Mail or personal
delivery to the property, a minimum of 10 working days prior to the
conducting of any test, of the availability at no cost to the property
owner of pretest and post-test inspections of all structures located
on or under said property, including appropriate testing and lab tests
for water wells. The applicant shall perform the offered inspections
if requested by the property owner. Contact information shall 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.
[Amended 12-11-2017 by Ord. No. 1074]
C.
The applicant shall place newspaper advertisements in the Pittsburgh
Tribune Review, the Pittsburgh Post-Gazette, or other newspaper of
general circulation agreed upon by the Township. Said advertisements
shall be not less than three inches by four inches and shall explain
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 this article while work is ongoing in the Township, and an answering
machine shall be installed to receive after-hours 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 § 185-20D herein shall be subject to any peak particle velocity greater than .5-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 those at the planned locations of the geophysical operations and shall provide all reports to the Township in an appropriate form for evaluation at the time of application.
[Amended 12-11-2017 by Ord. No. 1074]
B.
Using industry-standard equipment and techniques, the engineer required by § 185-18 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 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 applicants' receipt of an invoice from the Township.
[Amended 12-11-2017 by Ord. No. 1074]
Energy source testing may be conducted from 9:00 a.m. until
5:00 p.m., local time, on Mondays through Fridays. Testing shall not
be permitted on holidays.
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 Engineer of any equipment
to be operated on Township streets that will exceed the maximum designated
weight limit or 10 tons, whichever is greater, and obtain any special
permitting required and provide bonding as recommended by the Engineer.
[Amended 12-11-2017 by Ord. No. 1074]
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.
G.
Should the Township Engineer reasonably determine that preventive
measures, such as shoring of bridges or putting protective mats over
utility lines, should be taken to prevent damage to Township roads,
bridges or utilities, then the applicant shall install such protective
measures as directed by the Township Engineer, prior to beginning
operations.
[Added 12-11-2017 by Ord.
No. 1074]
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 PADEP regulations but will not be less than 300
feet. Monitoring beyond 300 feet for random structures and structures
of concern will be 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 surveys.
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.
Explosives shall be transported in constantly attended Type 3 magazines
as defined by Section 1902.4.7 of the 1994 Standard Fire Prevention
Code, as amended and updated from time to time. 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 periods 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 Fire Marshal 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, 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.
[Amended 12-11-2017 by Ord. No. 1074; at time of adoption
of Code (see Ch. 1, General Provisions, Art. I)]
This article shall be enforced by action brought before a Magisterial
District Judge in the same manner provided for the enforcement of
summary offenses under the Pennsylvania Rules of Criminal Procedure.
Any person, partnership, corporation or other entity who or which
violates or permits a violation of the provisions of this article
shall, upon conviction in a summary proceeding, pay a fine of not
more than $1,000, plus the costs of prosecution, and in default of
the payment of the fine and costs of prosecution, shall be imprisoned
for a period not exceeding 30 days. Each day that the violation continues
shall be considered a separate offense.
