It shall be unlawful for any person, entity, business or corporation to conduct any surveying/exploration activities within the Township public street rights-of-way by the use of energy source operations, including, without limitation, vibrating machines, vibroseis equipment, thumper trucks or any other vehicles or equipment that cause vibrations, without first obtaining a road occupancy 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.
A. 
Application for a geophysical and seismic testing permit shall be made with Brighton Township and shall contain the following information:
(1) 
Name of the applicant;
(2) 
Address of the applicant;
(3) 
Type of geophysical methods to be used and the purposes therefor;
(4) 
A map designating a testing area and showing the roadways to be occupied and 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 or redirect traffic on a public right-of-way; and
(6) 
A certificate of insurance covering its proposed operations. The certificate shall include the name and telephone number of an individual to contact in case of a claim for personal injury or property damage.
B. 
A nonrefundable permit fee in an amount set by resolution of the Board of Supervisors for processing the application, preparing the permit and monitoring the work under the permit shall accompany each application. On receipt of such application, the Zoning Officer and/or Township Engineer shall prepare a report showing all Township facilities or infrastructure that may be negatively affected by the proposed activity located in the testing area shown in such application.
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 notify the Township a minimum of three business days in advance of the actual commencement of energy source operations. Once operations have commenced, in the event the 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 Board of Supervisors, 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.
A. 
All geophysical operations within Township public street rights-of-way shall be limited to the areas approved by the Township.
B. 
The applicant shall employ a competent person, who shall be on the job site during the entire period of testing, to mitigate any potential damage to public or private property. The applicant shall also designate a point of contact who will respond within 24 hours to any request from the Zoning Officer for information regarding the applicant's testing operations.
C. 
The Township permit provides no approval or authorization to the applicant to enter upon or cross private property.
D. 
The applicant shall be responsible for and shall settle all reasonable and legitimate claims, demands, and causes of action relating to property or persons arising out of or as a result of the applicant's operations under this permit and shall handle all such claims in a fair, reasonable and expedient manner.
A. 
The applicant shall engineer all source locations so that no structure subject to limitations contained in § 175-44B herein shall be subject to any peak particle velocity greater than 0.50 inch per second.
B. 
Using industry standard equipment and techniques, the applicant shall monitor and record, during operations, all pertinent locations to ensure compliance with the maximum peak particle velocity established by Subsection A. If peak particle velocity for any test exceeds said maximum, the engineer shall notify the Township Manager and cease all operations until corrections are made. The applicant shall maintain all documentation of monitoring activities during the term of the permit, and 30 days thereafter, and make said documentation available upon request for inspection by the Township.
C. 
The applicant shall obtain location maps, if available, for public water, sewage and stormwater pipelines located in the testing area. A pretesting drive-through inspection of the testing areas shall be conducted with a Township representative to identify Township infrastructure locations. The applicant shall conduct all energy source operations in a manner so as to not damage, interrupt, or otherwise interfere with said infrastructure. Where possible, testing will not be conducted over any infrastructure; and where documentation can be provided by the Township of at-risk infrastructure, no testing in the area shall be conducted. The applicant shall use this information to ensure compliance with the terms and conditions of the permit.
A. 
Energy source operations shall be prohibited between the hours of 8:00 p.m. and 7:00 a.m., Mondays through Saturdays, and all day Sundays and on holidays.
B. 
The applicant shall take all necessary precautions to ensure the safety of persons in areas established for road crossing and/or adjacent to roadways (for example, persons waiting for public or school transportation). Where there is anticipated heavy or frequent vehicular traffic associated with energy source operations, the applicant will provide flagmen to ensure the safety of children and other persons at or near schools, school bus stops, public buildings, and parks and include adequate signs and/or other warning measures for truck traffic and vehicular traffic.
A. 
The applicant shall restore, at its own cost, Township roadways or rights-of-way used in its operations to the original condition prior to its testing operations, free of damage, including ruts or any injury to landscaping.
B. 
The applicant shall ensure 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 posted weight limit and obtain any special permitting required. An excess maintenance agreement may, at the sole discretion of the Township, be required for any such testing operations where a posted weight restriction will be exceeded by the applicant.
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 which cross roadways must be securely anchored in 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. Cables shall be placed outside of cartway so as to not hinder snow removal efforts from November 1 through March 31. Cables shall not remain in place longer than 60 days from the date of installation.
E. 
Operations under the permit shall be barred when the Township determines that the ground conditions are such that the operations would cause ruts deeper than five inches in the rights-of-way or easements. In addition, when ground conditions would cause the tracking of mud, gravel, rock, or debris onto the roadway surface or any right-of-way or other Township improvements in a way that creates a safety hazard or potential for damage to vehicles, operations shall include measures to prevent such hazardous tracking. In the event that hazardous tracking occurs, the applicant shall immediately clean the roadway of all mud, gravel, rock or debris and cease operations until such time as appropriate preventive measures are implemented to ensure that hazardous tracking does not occur.
F. 
Each testing crew performing work that impedes the flow of traffic, such as testing on Township streets or rights-of-way, shall provide appropriate traffic control. The applicant shall furnish at its cost adequate signs, barricades, flares, flagmen, etc., as necessary, to protect the traveling public.
A. 
The applicant shall furnish to the Township Manager, or designee, a schedule of each week's test plans. When thumper trucks are utilized on Township roads, the Township Engineer shall inspect the road before and after testing. The applicant shall pay any and all costs incurred by the Township as a result of these inspections.
B. 
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 peak particle velocity greater than 0.6 inch per second.
C. 
The applicant shall notify the Township Manager, or designee, within 24 hours after the occurrence of any violation of these permit requirements. The Township is hereby authorized to issue stop-work orders for any violation of the provisions contained in this article.
A. 
The applicant shall submit to the Township a performance bond in the amount of $250,000 from a surety authorized to do business in the commonwealth. The performance bond shall be valid from the date that the permit is issued for a period of six months after the work under the permit has been completed. 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 geophysical operations within the Township. The bond shall contain the following endorsement: "It is hereby understood and agreed that this bond may not be canceled 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."
B. 
Prior to conducting any operations hereunder, the applicant and/or its contractors shall furnish a certificate of insurance to the Township showing the Township as an additional insured with respect to operations conducted within the Township and showing liability insurance coverage covering commercial, personal injury, and general liability in amounts not less than $1,000,000 per person, $1,000,000 per occurrence, and $1,000,000 property damage.
C. 
The applicant shall protect, indemnify, defend and hold the Township, its officers, employees, agents, 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 this permit, including attorneys' 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.
D. 
Any permit granted hereunder may be revoked upon breach of any term or condition contained herein.
E. 
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 certificate of insurance have been filed with the Township Manager.
A person who knowingly violates any provision of this article shall be deemed guilty of a summary offense and, upon conviction, shall be fined in an amount not to exceed $500. Each day of violation shall constitute a separate offense.