[HISTORY: Adopted by the Council of the Municipality of Murrysville
as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-4-2011 by Ord. No. 831-11]
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 or geophysical properties of the Earth's
crust.
It shall be unlawful for any person to conduct any exploration
activities within the Municipality of Murrysville 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 causes vibrations,
without first obtaining a permit therefor from the Municipality of
Murrysville.
A.
Application for a permit hereunder shall be made with the Municipality
of Murrysville's Code Enforcement Officer. Such application shall
contain the following information:
(1)
The name of the applicant;
(2)
The address of the applicant;
(3)
The type of explosives or other geophysical methods of exploration
to be used and the purposes therefor;
(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 the name of
the 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, and a copy of the applicant's certificate of
insurance naming the municipality as an additional insured; and
(7)
Proof of the right or license to handle explosives in the Commonwealth
of Pennsylvania, if explosives are to be used.
B.
A nonrefundable permit fee of $500 for processing the application
and preparing the permit shall accompany each such application.
C.
On receipt of such application, the Code Enforcement Officer or his
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 Chief Administrator
with the recommendations of the Code Enforcement Officer or his designee.
The term of a permit issued under this article shall be for
one year, beginning on the date of approval of the permit by the Chief
Administrator, and all energy source operations shall be completed
within said term. The applicant shall notify the Code Enforcement
Officer or his designee a minimum of three business days in advance
of the actual commencement of energy source operations. Once operations
have commenced, in the event that 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 Chief Administrator or his 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.
A.
All geophysical operations shall be limited to the areas identified
in the application. A copy of such map shall be attached to any permit
issued by the Municipality of Murrysville. If, during the course of
operations, any utility line must be relocated to maintain compliance
with the terms and conditions set forth herein or to ensure the safety
of the general population, the applicant shall notify the Code Enforcement
Officer or his designee at least three business days prior to embarking
on such relocation, which shall be performed in compliance with the
Municipality of Murrysville standards.
B.
The applicant shall employ a licensed engineer specializing in blasting
or vibration analysis, to be approved by the Municipality of Murrysville,
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 Chief Administrator or his designee
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.
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 the permit and shall handle all such claims in an expedient
manner.
A.
The applicant shall notify each owner of property, in writing, by United States mail to or personal delivery at the property, located within 250 feet of its planned energy source operations a minimum of 10 working days prior to the conducting of any test or as required by law if a greater distance is specified. Said notice will include the anticipated start date of energy source operations and the energy source planned to be used. The applicant will offer to provide and will provide, if requested, to such owner, in writing, the insurance information required by § 161-3 to be included in its application.
B.
The applicant shall notify each owner of property, in writing, by
United States mail to or personal delivery at the property, located
within 250 feet of charge tests or 125 feet of vibroseis or weight-drop
tests, a minimum of 10 working days prior to the conducting of any
test, 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 for water wells. The applicant
shall perform the offered inspections if requested by the property
owner before commencing any testing and shall provide a copy of the
test results to 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 Municipality of Murrysville.
C.
The applicant shall place newspaper advertisements in the newspaper of record in the Municipality of Murrysville of not less than 3 x 4 inches explaining the work to be performed, the location of the proposed work, and a toll-free telephone number where residents may call for more information. Said advertisements shall be placed in all publication days during the two-week period prior to the issuance of the permit and again during the two-week period immediately before actual operations commence in the testing area. The toll-free telephone number provided by the applicant shall be answered during hours of operation as set forth in § 161-5 while work is ongoing in the Municipality of Murrysville, 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 seep frequency and drive levels or other geophysical sources) so that no structure, subject to limitations contained in § 161-10D herein, shall be subject to any peak particle velocity greater than 0.6 inch per second.
B.
Using industry standard equipment and techniques, the licensed engineer required by § 161-5 shall monitor and record, during operations, all pertinent locations to ensure compliance with the maximum peak particle velocity established by Subsection A. If the peak particle velocity for any test exceeds said maximum, the engineer shall notify the Chief Administrator or his designee 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 Municipality of Murrysville.
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 teams and operations
manager to ensure compliance with the terms and conditions of this
permit and that safe operating distances are maintained. If requested
by the applicant, the Municipality of Murrysville shall make available
for inspection and copying, maps, if any, prepared by or on the applicant's
reliance on any information furnished by the Municipality of Murrysville,
its agents, representatives, and employees, whether written or verbal,
shall be at the sole risk of the applicant, and the following disclaimer
shall be placed on and shall apply to any and all such information:
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"APPLICANT ACKNOWLEDGES THAT THE MUNICIPALITY OF MURRYSVILLE
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 MUNICIPALITY
OF MURRYSVILLE 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 Municipality of Murrysville owned structures and other owned
structures, including but not limited to susceptible underground utilities
(water mains, sewer mains, etc.) shall have pre- and post-testing
inspections paid for by the applicant if they may be subjected to
a peak particle velocity greater than 0.035 inch per second. The Municipality
of Murrysville shall have the option of receiving reimbursement of
its actual cost of performing said inspection or having the inspection
done by a third-party firm hired by the applicant. Any reimbursement
provided by this section shall be paid to the Municipality of Murrysville
within 30 days following the applicant's receipt of an invoice
from the Municipality of Murrysville.
Energy source testing 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 Saturdays. Testing shall not be permitted on Sundays.
A.
The applicant shall restore, at its own cost, Municipality of Murrysville
owned lands or rights-of-way used in its operations to the original
condition just prior to the 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. The applicant shall adhere to all applicable
PennDOT traffic standards.
C.
The applicant shall notify the Chief Administrator or his/her designee
of any equipment to be operated on Municipality of Murrysville streets
that will exceed a maximum load limit of 20,000 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
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 Municipality of Murrysville's
Chief Administrator, or designee, a schedule of each week's test
plans. The Municipal Engineer shall inspect the road before and after
testing. The applicant shall pay any and all costs incurred by the
Municipality of Murrysville as a result of these inspections.
B.
All vibroseis or weight-drop operations shall be conducted a minimum
distance of 150 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 test shall be detonated within 300 feet of any building,
water well or underground hazardous waste storage/disposal site. The
applicant will provide multiple monitoring of any charge testing within
600 feet of any occupied building.
C.
The applicant shall maintain and make available, upon request, to
the Municipality of Murrysville, for a period of two years, the daily
log of energy source tests, showing date, location, energy source
used, drive level, operator, and all other related information, including
seismic and pre- and post-test survey.
D.
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
0.5 inch per second.
E.
Explosives shall be transported in constantly attended 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
to Regulation of Hazardous Materials, 49 CFR. Only the necessary amount
of explosives for each day's operations, during such period as
the permit is in effect, shall be transported within the Municipality
of Murrysville at any given time. No explosives shall be stored within
the corporate limits, unless approved by the Municipality's Fire
District Fire Chief. If such storage is approved, explosives must
be stored in a locked and secure, 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 Chief Administrator, or designee,
within 24 hours after the occurrence of any violation of these permit
requirements.
A.
The applicant shall submit to the Municipality of Murrysville a performance
bond in the amount of $250,000 from a surety authorized to do business
in Pennsylvania. 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 Municipality of Murrysville, jointly and severally
from the principal and surety, any and all damages, loss or costs
suffered by the Municipality in connection with the applicant's
geophysical operations within the Municipality." 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 Municipality of Murrysville, by registered mail
or written notice, of such intent to cancel or not to renew." The
rights reserved to the Municipality of Murrysville with respect to
the bond are in addition to all other rights of the Municipality of
Murrysville, and no action, proceeding or exercise of a right with
respect to such bond shall affect any other rights of the Municipality
of Murrysville.
B.
Prior to conducting any operations hereunder, the applicant and/or
its contractors shall furnish a certificate of insurance to the Municipality
of Murrysville showing the Municipality as an additional insured with
respect to operations conducted within the Municipality of Murrysville
and showing liability insurance coverage covering commercial, personal
injury, and general liability in amounts not less than $1,000,000
property damage.
C.
The applicant shall protect, indemnify, defend and hold the Municipality
of Murrysville, 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 Municipality of Murrysville in defending
against any such claims, demands, and causes of action. Within 30
days of receipt of same, the applicant shall notify the Municipality
of Murrysville, in writing, of each claim for injuries to, or death
to, 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. At the Municipality of Murrysville's discretion, the
Municipality may conduct an independent investigation, monitor, and
review the processing of any such claim to ensure that such claim
is handled as required herein.
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 certificates of insurance have been filed
with the Chief Administrator.
A person who knowingly violates any provision of this article
shall be deemed guilty of a misdemeanor and, upon conviction, shall
be fined in an amount not to exceed $2,000. Each day of violation
shall constitute a separate offense.
