[Adopted 4-5-2017 by Ord. No. 686]
This article shall be known and may be cited as the "Rostraver
Township Seismic Testing Ordinance."
As used in this article, the following terms shall have the
meanings indicated:
ENERGY SOURCE OPERATIONS
Operations that involve the transmittal of seismic waves
to model the geophysical properties of the earth's crust.
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 therefor 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.
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 or its designee
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.
Energy source testing may be conducted from 8:00 a.m. until
the earlier of sunset or 7:00 p.m. local time, on Monday through Friday,
and from 9:00 a.m. until the earlier of sunset or 7:00 p.m. local
time, on Saturday and Sunday.
If any section, subsection, sentence, clause or phrase or portion
of this article is for any reason held invalid or unconstitutional
by any court of competent jurisdiction, such shall be deemed a separate,
distinct, and independent provision, and such holding shall not affect
the validity of the remaining portion thereof.
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.
This article shall take effect immediately upon passage.
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.