[HISTORY: Adopted by the Municipal Council of the Municipality
of Monroeville as indicated in article histories. Amendments noted
where applicable.]
[Adopted 9-12-2017 by Ord. No. 2668]
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 crust and/or subsurface.
The Municipality of Monroeville.
The permit issued by the Municipality to allow the conduct
of energy source operations subject to the terms and conditions set
forth herein.
The person, firm, corporation or other entity to whom the
permit is issued.
The peak particle velocity, which is a measurement of delivered
energy and is measured in tenths of inches per second (in/sec).
It shall be unlawful for any person, firm, corporation or other
entity to conduct any energy source operations within the Municipality
including, without limitation, explosive charges, weight drops, vibrating
machinery or vehicles, or any other equipment that causes vibrations
and seismic activity without first obtaining a permit for such activities
from the Municipality.
A.
An application for a permit hereunder shall be made to the Municipality
Department of Engineering and Community Development on a form prescribed
by the Municipality. Such application shall contain, at a minimum,
the following information:
(1)
Name, address and contact information of the applicant.
(2)
A map designating the proposed testing area, including the location
of all testing points and the energy source and method to be used
at each testing point.
(3)
A traffic control plan for any activities that will impede the flow
of traffic on public rights-of-way.
(4)
A nonrefundable permit fee of $1,000.
(5)
The name, address and contact information of the licensed engineer
or geologist who will serve as the on-scene contact person for the
permit holder during energy source operations.
B.
Following the Municipality's approval of the application for a permit,
no permit shall actually be issued until the prospective permit holder
shall provide:
(1)
An escrow deposit to the Municipality in the amount of $5,000 to
reimburse the Municipality for the reasonable costs of review, Permit
issuance and inspection activities associated with the permit, including
engineering and legal costs. If the actual costs of review exceed
the escrow deposit, the permit holder shall pay the excess costs upon
demand from the Municipality.
The term of a Permit issued pursuant to this article shall be
for one year from the date of issuance. All energy source operations
must be completed with the permit term. The permit holder shall notify
the Municipality of its intention to commence energy source operations
at least 10 days prior to actual commencement. The time for completion
of energy source operations which have already commenced may be extended
in the sole discretion of the Municipality for good cause shown, provided
that the permit holder requests such extension of time in writing
at least 15 days prior to the expiration of the permit. No extension
of time granted shall exceed 90 days.
A.
All energy source operations shall be limited to the areas identified
in the permit application documents. A copy of the map depicting the
areas of operation shall be attached to the permit;
B.
The permit holder shall employ a licensed engineer or geologist specializing
in vibration analysis, who shall be present in the testing area during
the entire period in which testing operations are active to mitigate
any potential damage to public or private property;
C.
The permit holder, and anyone acting on behalf of the permit holder
shall not enter onto any property for any reason (including to gain
access to other properties) without obtaining the prior written permission
of the owner of such property; and
D.
The permit holder shall be responsible for all damage to the property
of third parties arising out of its operations.
A.
Not less than 30 days prior to the commencement of operations authorized
by the permit, the permit holder shall notify, either by United States
Mail or personal delivery at the property, all property owners within
100 feet of the planned energy source operations, or a greater distance
if required by law, of the permit holder's anticipated date of commencement
of such operations, and the type of testing to be utilized.
B.
Not less than 30 days prior to the commencement of operations authorized by the permit, the permit
holder shall notify, either by United States Mail or personal delivery
at the property, all property owners: (i) within 100 feet of vibroseis
or weight drop tests; and/or (ii) all property owners within 300 feet
of any explosive charge tests of the ability, at no cost to the property
owner, of pre-test and post-test inspections of all structures located
on or under said property, including appropriate lab tests for water
wells. The permit holder shall perform the offered inspections if
requested by the applicable property owner before commencing any testing,
and shall provide a copy of the test results to the property owner
when such tests are completed.
C.
In addition to the notice to be provided to individual property owners required in Subsection A above, the permit holder shall provide such notice information to the Municipality, so that the Municipality may make such information available to the general public via social media, cable television and conspicuous posting of the affected roadways.
D.
All notices provided under this section shall include a twenty-four-hour
contact telephone number of the permit holder.
A.
The permit holder shall lay out all testing source locations (vibrator source sweep frequency and drive levels, explosive charge size and depth or other geophysical sources) so that no structure, subject to limitations set forth in Subsection D herein, shall be subject to any PPV greater than 0.50 inch per second.
B.
Using industry standard equipment and techniques, the licensed engineer or geologist required to be provided by the permit holder in § 268-5 above shall monitor and record, during operations, all pertinent locations to ensure compliance with the maximum PPV established herein. If the PPV for any test exceeds the maximum permitted level, the permit holder shall notify the Municipality and cease all energy source operations until the required corrections are made.
C.
The permit holder 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 not to damage, interrupt
or otherwise interfere with such structures. Information obtained
by the permit holder shall be used by surveying teams and operations
personnel to ensure compliance with the terms and conditions of the
permit and assure that safe operating distances are maintained. If
requested by the permit holder, the Municipality shall make available
for inspection and reproduction, maps and other data in possession
of the Municipality; provided, however, that the permit holder's reliance
on any information provided by the Municipality, its agents representatives
or employees, whether written or verbal, shall be at the sole risk
of the permit holder and all other parties acting on its behalf. The
permit holder and all other parties acting on its behalf acknowledge
that the Municipality makes no express or implied warranties with
respect to the accuracy, fitness or completeness of the information
provided.
D.
All Municipality and Monroeville Municipal Authority structures and
other owned structures including, but not by way of limitation, susceptible
underground utilities (water mains, sewer lines, etc.) shall have
pre- and post-testing inspections conducted at the permit holder's
sole cost and expense, if such structures are subject to a PPV of
greater 0.35 inch per second. The Municipality and the Monroeville
Municipal Authority shall have the option of receiving reimbursement
for the actual cost of performing such inspections, or having the
inspections undertaken by a third party hired by the permit holder.
Energy source operations may be conducted from 8:00 a.m. to
6:00 p.m., prevailing local time, on Monday through Friday, excluding
holidays. No energy source operations may be conducted on weekends.
A.
The permit holder shall restore, at its sole cost and expense, all
Municipality-owned lands, streets and/or rights-of-way used in connection
with its energy source operations to their condition prior to the
commencement of such operations.
B.
The permit holder shall at all times ensure that its energy source
operations minimize disruption to the safe flow of traffic. In no
event shall such operations simultaneously occupy more than one lane
of traffic. The permit holder shall adhere to PennDOT traffic standards
with respect to its disruption of traffic (include appropriate signage,
flagmen and other warning procedures), and coordinate its traffic
control activities with the Municipality's Police Department and Department
of Engineering and Community Development.
C.
The permit holder shall at all times adhere to the existing weight
limitations on Municipality's streets and roadways. If such compliance
is not possible, the permit holder shall obtain the appropriate special
permits from the Municipality and post the requisite financial surety
to exceed such limitations.
D.
The Municipality may suspend or deny the permit holder's right to
conduct energy source operations when it is determined in the Municipality's
discretion that such activities would result in damage to the lands,
streets and/or rights-of-way which cannot be readily remediated. Additionally,
the permit holder shall be required to keep all roadways clear of
mud, dirt, snow, ice and other debris, and promptly remove the same
when such conditions result from energy source operations.
E.
The permit holder shall not create any hazardous conditions to pedestrians
or vehicular traffic in connection with its energy source operations.
This restriction shall include, but not by way of limitation, the
placement of cables, spikes, anchors, monitoring devices or other
equipment used in such operations.
A.
The permit holder shall furnish the Municipality with a schedule
of each week's energy source operations test plans no later than Wednesday
of the prior week, to facilitate the Municipality's preinspection
of any affected roadways and subsequent post-inspection. Such inspection
costs shall be borne by the permit holder.
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, or personal
property of any kind. No explosive charge test shall be conducted
within 300 feet of any building, water well or underground hazardous
waste storage/disposal site. The permit holder shall provide multiple
monitoring sites of any explosive charge testing activities within
300 feet of any inhabited building.
C.
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 PPV greater than 0.50 inch per second.
D.
The permit holder shall notify the Municipality within 24 hours of
the occurrence of any violation of the requirements set forth in this
article.
A.
Prior to the commencement of any energy source operations, the permit
holder shall submit to the Municipality, in the form of a performance
bond, letter of credit, escrow deposit or other surety in the amount
of $500,000 in a form and from a surety acceptable to the Municipality.
The bond or other form of surety shall be effective for a period of
two years from the date of issuance of the permit, and shall protect
the Municipality from any and all loss, damages and costs arising
from the permit holder's energy source operations. The bond or other
form of surety shall provide for not less than 30 days' notice to
the Municipality of cancellation, and shall be in addition to, and
not a limitation of the Municipality's right to recover damages resulting
from the permit holder's energy source operations.
B.
The Municipality, in its sole discretion, shall have the right to require the permit holder to post additional surety in the event that the planned energy source operations would pose a potential risk of damage to property or infrastructure in excess of the surety required in Subsection A above.
C.
Prior to the commencement of any energy source operations, the permit
holder, and any third party acting on behalf of or for the benefit
of the permit holder shall submit to the Municipality a certificate
of insurance naming the Municipality as an additional insured, and
evidencing commercial general liability coverage of not less than
$2,000,000.
D.
The permit holder agrees to protect, indemnify, defend and hold the
Municipality, its officers, agents, employees 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
or 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
the permit, including attorneys' fees and any other costs and expenses
incurred by the Municipality. Within 10 days of receipt of a claim
related to the energy source operations, the permit holder shall notify
the Municipality in writing of the claimant, nature and location of
any injury to persons or property. The Municipality, at its option,
may undertake an independent investigation of such event.
E.
Any permit granted pursuant to this article may be revoked by the
Municipality upon the breach of any term or condition set forth herein.
F.
No permit shall be effective until and unless the permit holder has
complied with all of the requirements of this article.
For a period of two years from the date of the last test conducted
within the Municipality pursuant to the applicable permit, the permit
holder shall maintain and make available, upon request:
A.
Complete
records of all testing activity, including daily logs and reports
of all energy source tests which document the date, location, energy
source and intensity of all energy source operations conducted within
the Municipality; and
B.
Shall
retain all records related to the pre- and post-testing of structures
and infrastructure related to such energy source operations.
The appeal of the denial or limitation of any Permit issued
pursuant to this article shall be subject to the provisions of the
Pennsylvania Local Agency Law.[1]
[1]
Editor's Note: See 2 Pa.C.S.A. §§ 551 et seq.
and 751 et seq.
Any person, firm or entity which knowingly violates any provision
of this article shall be subject to a fine not to exceed $1,000. Each
day of violation shall constitute a separate offense.
If any section, subsection, paragraph, sentence, clause, phrase
or portion of this article is for any reason held invalid or unconstitutional
by any court of competent jurisdiction, or by the adoption of preemptive
legislation of any kind, such determination shall be deemed a separate,
distinct and independent provision and such holding shall not affect
the validity of the remaining portions of this article.
This article shall take effect immediately upon adoption.
The enactment and existence of this article, and the grant of
any permit pursuant to this article shall not be construed as creating
nor expanding any right or entitlement whatsoever in any individual,
group or business entity to perform energy source operations on the
property of the Municipality, or any other property, private or public.
