[Adopted 6-14-2010 by Ord. No. 3-2010]
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 Supervisors has the
express right to grant or deny any application under this article.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Application for a permit hereunder shall be made with the Robinson
Township Zoning Officer. 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 therefore; and 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 applicant's insurance carrier, the types and amounts
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. A nonrefundable permit
fee in such amount as set from time to time by resolution of the Board
of Supervisors for processing the application and preparing the permit
shall accompany each such application. On receipt of such application,
the Zoning Officer or his designee shall prepare a report showing
all Township 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 Board of Supervisors with the recommendations of
the Zoning Officer or his designee. No permit shall be issued except
upon approval of the Township Board of Supervisors.
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 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 director of public works
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.
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 Saturdays. Testing shall not be permitted on Sundays.
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 Supervisors 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.