It shall be unlawful for any person to conduct seismographic testing within the city without a permit, as set out below:
Seismographic permits (within the city): $50.00 plus $100.00 per shot hole on city property where allowed.
(Ordinance 08-027, sec. 8, adopted 4/29/08)
(a) 
It shall be the responsibility of the building official to review impartially and to approve or disapprove all applications for seismic testing permits. The building official, based upon the criteria established herein, may require the applicant for a permit hereunder to do those things necessary to insure the health, safety, and welfare of the citizens of the city. Items required shall be clearly stated in the permit issued hereunder. The building official is hereby authorized to approve or disapprove the actions of the permittee not otherwise covered by the permit application during the seismic testing and post-testing operations in accordance with the terms of this article only. The building official shall issue or deny a permit within thirty (30) days of receipt of a properly completed application for seismic testing.
(b) 
If the building official denies a seismic testing permit, he shall notify the applicant in writing of such denial and the reasons therefor.
(c) 
If the building official grants a seismic testing permit, the permit, in a form as determined by the building official, shall be mailed to the applicant.
(Ordinance 08-027, sec. 8, adopted 4/29/08)
Each application for a seismic testing permit shall be made in writing to the building official and shall include the following:
(1) 
A map at a scale of 1:200 showing the location of the proposed seismic survey, including cable routes and points of impulse, when applicable. This map shall clearly show city limits, streets and parcel boundaries.
(2) 
A statement of what property the applicant has the right, by reason of ownership or permission of the owner, to pass through and enter for seismic testing purposes.
(3) 
The proposed location, type, kinds, size, and amount of major equipment and a general description and the method of operation of the proposed testing.
(4) 
A statement from a licensed professional engineer who will act as the third-party engineer, stating that they will be on the job site during the entire period of testing to monitor peak particle velocity levels and to mitigate any potential damage to public or private property.
(5) 
Each application shall state the depth to which the applicant desires to drill and the size and type of charges that will be used during the course of testing.
(6) 
All required explosive permits issued by the city fire marshal.
(7) 
Any other permits required by any other governmental entity.
(Ordinance 08-027, sec. 8, adopted 4/29/08)
Each seismic testing operation shall be limited to the following restrictions:
(1) 
No point of impulse using an explosive charge shall occur within five hundred (500) feet of any above-ground or below-ground structure.
(2) 
No point of impulse using an explosive charge shall occur within five hundred (500) feet of any pipeline without written consent of the pipeline or facility owner.
(3) 
No point of impulse using mechanical vibration (vibratory trucks) shall occur within thirty-five (35) feet of any structure and shall occur only on private property with the expressed written consent of the property owner of the property containing the mechanical point of impulse.
(4) 
Mechanical vibration (vibratory trucks) may be used on the city streets with the consent of the city engineer in addition to or in place of mechanical vibration on private property in accordance with subsection (3) of this section and only if the distance, peak particle velocity of ground motion and time of operation requirements in this section are adhered to. No mechanical vibration (vibratory trucks) shall be allowed on concrete city streets.
(5) 
No point of impulse shall be used on city property without written permission from the director of public works and only if the distance requirements outlined in this section are adhered to.
(6) 
The applicant shall obtain written permission from property owners before entering upon or crossing their property.
(7) 
Utilizing third-party engineers for monitoring, no structure shall be subject to any peak particle velocity of ground motion in excess of 0.25 inches per second.
(8) 
Testing and associated drilling shall occur on weekdays (Monday through Friday) between the hours of 8:00 a.m. and 5:00 p.m. Emergency line maintenance is allowed to occur on any day only between the hours of 8:00 a.m. and 5:00 p.m. Testing and associated drilling may occur in non-urbanized areas of the city on any day between the hours of 8:00 a.m. and 5:00 p.m. as approved by the building official. No testing, drilling or hauling of equipment shall be allowed on holidays recognized as such by the city.
(9) 
The permittee shall immediately notify the city of any and all complaints of damage.
(Ordinance 08-027, sec. 8, adopted 4/29/08; Ordinance 12-066, sec. 1, adopted 9/4/12)
The applicant or permittee shall designate a competent representative who shall be responsible for the supervision of seismic testing operations and the carrying out of the conditions of any permit. Such representative shall be available at all times during seismic testing operations and shall be the responsible contact agent of the applicant or the permittee whom the building official may require to carry out the provisions of the permit.
(Ordinance 08-027, sec. 8, adopted 4/29/08)
(a) 
The permittee shall publish notices in the local newspaper in the manner and order set forth below:
(1) 
1st notice - to be published at least three (3) days prior to the start of any seismic testing. Running time - one (1) day.
(2) 
2nd notice - to be published on the day which seismic testing first begins. Running time - one (1) day.
(3) 
Such work may continue no more than three (3) consecutive working days of nonproduction. If seismic testing does not occur during this time, another notice must be published on the day such work will restart. Additional notices must be republished to coincide with intermittent work. Running time - one (1) day each occurrence.
(4) 
Final notice - to be published when any such seismic testing is approximately fifty percent (50%) complete. Running time - one (1) day.
Aforementioned notices shall appear in the classified section under legal notices. The notice shall indicate the scope of operations to be performed and will detail the approximate dates and time (starting and ending) and general location of work to be performed. The city building official shall be notified when the notice has been placed with the newspaper and what dates it will be published.
(b) 
The permittee is required to notify the following entities twenty-four (24) hours prior to the start of seismic testing:
Fire department - Fire marshal (409-880-3905)
Blasting work only:
Engineering division (409-880-3725); and
All residents abutting test route.
If more than three (3) consecutive working days of nonproduction occur, the permittee must contact the fire department twenty-four (24) hours in advance of any blasting to be done after a period of intermittent work. In addition, the permittee is required to notify any and all other entities, directly or indirectly, involved through other permits or agreements.
(Ordinance 08-027, sec. 8, adopted 4/29/08)
Prior to the issuance of any seismic permit hereunder, the applicant shall furnish the building official with a performance bond in the principal sum of one hundred thousand dollars ($100,000.00). The bond shall be payable to the city for the use and benefit of any person entitled thereto and conditioned that the principal and bond will pay all damages to any person caused by, or arising from, or growing out of any violation of the terms of this permit. Such bond shall be executed by an insurance company authorized to do business in the state, as surety, and with the applicant as principal, naming the city for the benefit of the city conditioned that the permittee will comply with the terms and conditions of this article. In addition, the bond will be conditioned that the applicant will promptly pay fines, penalties and other assessments imposed upon the applicant by reason of the breach of any of the terms, provisions and conditions of this article, and that the applicant will promptly restore to their former condition streets, sidewalks, and other public property which may be damaged in seismic operations. If at any time the building official should find the applicant’s bond to be insufficient for any reason, he may require the applicant to file a new bond.
(Ordinance 08-027, sec. 8, adopted 4/29/08)
Prior to issuance of any seismic permit hereunder, the applicant shall furnish the building official with a certificate of insurance showing a valid policy or policies of public liability insurance, covering bodily injuries and property damage. Said insurance shall be written by a company authorized to do business in this state. The applicant shall provide at least fifteen (15) days’ written notice of any cancellation or modification of such insurance. Such policies shall provide for the following minimum coverage:
(1) 
Bodily injuries: $300,000.00 per person, $1,000,000.00 per incident.
(2) 
Property damage: $1,000,000.00.
(Ordinance 08-027, sec. 8, adopted 4/29/08; Ordinance 08-045, sec. 3, adopted 5/27/08)
All seismic permits granted under this article shall be transferable upon approval of the building official, after a determination that all requirements of this article are met by the transferee.
(Ordinance 08-027, sec. 8, adopted 4/29/08; Ordinance 08-045, sec. 4, adopted 5/27/08)
The seismic permit shall become null and void unless the permit is accepted by the applicant in its entirety in writing, filed with the building official within thirty (30) days from the effective date thereof, and no work on such drill site shall be commenced until such permit is issued and accepted. The seismic permit shall become null and void unless seismic testing is commenced within one hundred eighty (180) days of the effective date of the permit.
(Ordinance 08-027, sec. 8, adopted 4/29/08)
The permittee shall indemnify and save harmless the city, its officers, agents and employees from any and all claims, causes of action and damages of every kind, for injury to or death to any person and damages to property arising out of the operation under any seismic testing permit and including acts or omissions of the city, its officers, agents, and employees in connection with said seismic permit.
(Ordinance 08-027, sec. 8, adopted 4/29/08)