As used in this part, the following terms shall have the meanings
indicated:
ENERGY SOURCE OPERATION
Operations that involve the transmittal of seismic waves
to model the geophysical or geophysical properties of the Earth's
crust.
It shall be unlawful for any person to conduct any exploration
activities with Sharpsburg Borough regarding oil, gas, and/or other
materials by the use of energy source operations, including without
limitation weight drops, and/or vibrating machines, thumper trucks
or any other vehicles or equipment that causes vibrations, without
first obtaining a permit therefore from Sharpsburg Borough. Use of
explosives for such activities is prohibited.
Application for permit hereunder shall be made with Sharpsburg
Borough Code Enforcement Officer. Such application shall contain the
following information: name of the applicant; address of the applicant;
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; a traffic control
plan for any operations or testing that will impede traffic on a public
right-of-way; and 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, a copy of applicant's certificate
of insurance naming the Borough as an additional insured. A nonrefundable
permit fee of $500 for processing the application and preparing the
permit shall accompany each such application. An escrow of $4,000
will be included with the application to pay for the Borough staff,
solicitor and consultant time to process the application, coordination,
inspections and other task as described in the Borough Fee Resolution.
On receipt of such application, the Code Enforcement Officer or their
designee shall prepare a report showing all Municipal 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 Borough
Manager with the recommendations of the Code Enforcement Officer or
their designee.
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 Borough
Manager, and all energy source operations shall be completed within
said term. The applicant shall notify the Code Enforcement Officer
or their 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 Borough
Manager or their 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 9:00 a.m. until
the earlier of sunset or 7:00 p.m. local time, on Mondays through
Saturdays. Testing shall not be permitted on Sunday.
A person who knowingly violates any provision of this part shall
be deemed guilty of a misdemeanor and, upon conviction, shall be find
in an amount not to exceed $2,000. Each day of violation shall constitute
a separate offense.
This part shall take effect immediately upon passage.