[HISTORY: Adopted by the Township Council of the Township
of Hampton 6-26-2019 by Ord. No. 825. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
A person, entity, business or corporation seeking to perform
energy source operations within the municipal boundaries of Hampton
Township.
Operations that involve the transmittal of seismic waves
to model the geophysical properties of the Earth's crust and/or
subsurface conditions.
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 measurable vibrations
or seismic waves, without first obtaining a permit therefor from the
Township.
A.
Application for a permit hereunder shall be made with the Township
of Hampton Land Use Administrator. Such application shall contain
the following information:
(1)
Name and address of the applicant;
(2)
Name and address of the property owner (if different than the applicant);
(3)
Type of explosives or other geophysical methods of exploration to
be used and the purpose for testing;
(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;
(6)
The applicant's insurance information, including a copy of applicant's
certificate of insurance, the types and amount of insurance covering
its proposed operations, and the name and telephone number of an individual
to contact in the event of a claim; and
(7)
Proof of the right or license to handle explosives in the Commonwealth
of Pennsylvania (if applicable).
B.
A nonrefundable permit fee of $500, or other amount as may be adopted
by resolution, for processing the application and preparing the permit
shall accompany each such application submitted to the Township. The
applicant shall be responsible for any additional costs incurred by
the Township arising from the review of the application. Within 15
business days of receipt of such application, the Land Use Administrator
or his/her 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 Township
Council with the recommendations of the Land Use Administrator or
his/her designee and shall be considered at the next regular meeting
of Township Council. Township Council hereby reserves the authority
to require the presence of the applicant at the meeting and may postpone
its decision to allow the applicant to attend or to obtain more information
where it deems necessary. No permit shall be issued except upon approval
of Township Council.
C.
Appeals from determinations of Township Council shall be governed
by the Pennsylvania Local Agency Law.
The term of a permit issued under this article shall be for
one year beginning on the date of approval of the permit, and all
energy source operations shall be completed within said term. The
applicant shall provide the Township with a minimum of five business
days' notice in advance of the actual commencement of energy
source operations. Once energy source 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 Land Use Administrator,
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.
The applicant shall agree to pay professional fees incurred
by the Township pursuant to the issuance of the permit and required
for applicant's compliance with the permit, including any legal
and engineering fees.
A.
All energy source operations shall be limited to the areas approved
by permit.
B.
The applicant shall designate a qualified representative who shall
be on the job site during the entire period of testing to mitigate
any potential damage to public or private property. The qualifications
of the designated point of contact shall be provided to the Township.
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.
The applicant shall make such records available upon request by the
Township.
D.
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
operation under this permit and shall handle all such claims in an
expedient manner.
A.
The applicant shall notify each owner of property located within
250 feet of its planned energy source operations, a minimum of 10
working days prior to the conducting of any tests in writing by U.S.
Mail or personal delivery at the property. Said notice will include
the anticipated start date of energy source operations and the energy
source to be used. The applicant shall provide to each owner, if requested,
the insurance information required to be included in its application.
B.
The applicant shall notify each owner of property, in writing, within
400 feet of the charge tests or 100 feet of vibroseis or weight drop
tests, a minimum of 10 working days prior to the conducting of any
tests, of the availability, at no cost to the property owner, of pre-
and post-test inspections of all structures located on or under said
property, including appropriate testing and lab tests for water wells
by U.S. Mail or personal delivery at the property. The applicant shall
perform the offered inspections 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.
C.
The applicant shall place newspaper advertisements in the newspaper
of record in the Township explaining the work to be performed, the
location of the proposed work, and a telephone number where residents
may call for more information. Said advertisement shall be placed
during the two-consecutive-week period immediately before the permit
application is scheduled to be considered by the Township Council,
and again during the two-consecutive-week period immediately before
actual energy source operations commence in the testing area. The
telephone number provided by the applicant shall be answered during
hours of operation while work is ongoing in the Township, and an answering
machine shall be installed to receive after-hour 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 herein, shall be subject to any peak particle velocity greater
than 6/10 inch per second. The applicant shall conduct all the necessary
engineering tests and shall provide all reports to the Township in
an appropriate format for evaluation at the time of application by
a professional engineer or geologist registered in the Commonwealth
of Pennsylvania.
B.
Using industry standard equipment and techniques, the engineer shall
monitor and record, during operations, all pertinent locations to
insure compliance with the maximum peak particle velocity established
by this chapter. If peak particle velocity for any test exceeds said
maximum, the applicant 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 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 shall be used by the surveying team and the operations
manager to insure compliance with the terms and conditions of this
permit and that safe operating distances are maintained. If requested
by the Applicant, the Township may make maps available for inspection
and copying that have been prepared by or on behalf of the Township
and 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 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-testing and post-testing inspections paid for by the applicant
and subjected to a peak particle velocity greater than 35/100 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 with Township's
approval. 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.
Energy source operations 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 Sundays
or on federal holidays.
A.
The applicant shall restore, at its own cost, all lands or rights-of-way
used in its operation to the original condition just prior to the
testing operations, free of damage, including ruts or any injury to
the landscaping.
B.
The applicant shall insure 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 of any equipment to be operated
on Township streets that will exceed the maximum load limit of 52,000
pounds and obtain any special permitting required.
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.
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 adequate signs, barricades, flares, flagmen, etc., as necessary,
to protect the traveling public.
A.
The applicant shall furnish to the Township, or its 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 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.
B.
All vibroseis or weight drop operations shall be conducted a minimum
distance of 100 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 tests shall be detonated within 300 feet of any building,
water well, or underground hazardous waste storage/disposal site.
The applicant will provide monitoring of any charge testing within
600 feet of any occupied building.
C.
For a period of two years, the applicant shall maintain and make
available upon request to the Township the daily log of energy source
operations tests showing date, location, energy source used, drive
level, operator, and all other related information including seismic
and pre-test and post-test survey.
D.
No energy source operations 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
5/10 inch per second.
E.
Explosives shall be transported in and constantly attended by Type
3 magazines, as defined by Section 1902.4.7 of the 1994 Standard Fire
Prevention Code. All vehicles transporting explosives will be placarded
according the U.S. Department of Transportation Hazardous Materials
Regulations, 49 C.F.R. Parts 171 through 177. Only the necessary amount
of explosives for each day's operations shall be transported
within the Township at any given time during such period as the permit
is in effect. 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 secured,
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 Land Use Administrator or other designee
within 24 hours after the occurrence of any violation of these permit
requirements.
A.
The applicant shall submit to the Township a performance bond (i.e.,
bond, letter of credit or other form of financial security, in a form
satisfactory to the Township Solicitor) in the amount of $250,000
from a surety authorized to do business in the commonwealth. 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
energy source operations within the Township. The bond shall contain
the following endorsements: "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.
B.
Prior to conducting any operations hereunder, the applicant and/or
its contractor shall furnish a certificate of insurance to the Township
showing the Township as an "additional insured" with respect to the
operations conducted within the Township and showing liability insurance
coverage covering commercial, personal injury, and general liability
in an amount not less than $1,000,000 per person, $3,000,000 per occurrence,
and $1,000,000 property damage.
C.
If the Township Engineer concludes that testing will cause substantial
damage to a Township road, then the applicant must, before operations
begin, enter into an agreement with the Township undertaking the responsibility
to repair the road to the extent determined in the reasonable discretion
of the Township Engineer, which agreement may provide for bond to
be posted in excess of otherwise applicable Pennsylvania Department
of Transportation ("PennDOT") limits when the Township Engineer has
reasonably estimated that the cost of repair will exceed PennDOT limits.
D.
Should the Township Engineer reasonably determine that preventative
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
energy source operations.
E.
The applicant shall protect, indemnify, defend, and hold the Township,
its officers, employees, agents, and representatives harmless from
any 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, including
attorney's 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.
F.
Any permit granted hereunder may be revoked upon breach of any term
or condition contained herein.
G.
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
Land Use Administrator.
Any owner, operator, or other person who violates or permits
a violation of this chapter; upon being found liable therefor in a
civil enforcement proceeding before a Magisterial District Judge,
shall pay to the Township a fine in an amount not to exceed $2,000,
plus all court costs, including, but not limited to, reasonable attorney's
fees incurred by the Township on account of such violation. No penalty
or cost shall be imposed until the date the determination of the violation
by the Magisterial District Judge becomes final. If the defendant
neither pays nor timely appeals the judgment, the Township may enforce
the judgment as provided by law. Each day a violation exists after
final judgment shall constitute a separate offense. The amount of
the fine imposed shall be multiplied by the number of such days and
may be charged and collected as judgment by the Township without further
judicial proceedings. Further, the appropriate officers or agents
of the Township are hereby authorized to issue a cease and desist
notice and/or seek equitable relief, including injunction, to enforce
compliance herewith or revocation of any permit issued by the Township.
No bond shall be required of the Township if the Township seeks injunctive
relief.
