[Adopted by the Borough Council of the Borough of Ambridge
as indicated in article histories. Amendments noted where applicable.]
[Adopted 8-27-2013 by Ord. No. 1258]
As used in this article, the following terms shall have the
meanings indicated:
Any person, entity, business or corporation seeking to perform
energy source operations within the municipal boundaries of Ambridge
Borough.
The Borough of Ambridge, Beaver County, Pennsylvania.
The engineer appointed by the Borough to act as its agent
with regard to this article.
Those operations that involve the transmittal of seismic
waves to model the geophysical properties of the Earth's crust.
Any water or sewer authority providing said service to areas
within the municipal boundaries of the Borough.
It shall be unlawful for any person, entity, business or corporation
to conduct any surveying/exploration activities within the Borough
pertaining to oil, gas, and/or other geologic materials by the use
of energy source operations, including without limitation drilling
shot holes, weight drops, explosives, and/or vibrating machines, vibroseis
equipment, thumper trucks or any other vehicles or equipment that
cause vibrations, without first obtaining a permit therefor from the
Borough.
A.Â
Application for a permit hereunder shall be made with the Borough
of Ambridge and reviewed by the Ambridge Borough Engineer. Such application
shall contain the following information:
(1)Â
Name of the applicant;
(2)Â
Address of the applicant;
(3)Â
Property owner's name and tax parcel number;
(4)Â
Type of explosives or other geophysical methods of mineral exploration
to be used, and the purposes therefor;
(5)Â
A map designating a testing area and showing location of all points
of use and the energy source to be used at each point;
(6)Â
A traffic control plan for any operations or testing that will impede
or redirect traffic on a public right-of-way;
(7)Â
The applicant's insurance information, including the name of
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 the procedure for obtaining a copy of applicant's
certificate of insurance;
(8)Â
Proof of the right or license to handle explosives in the Commonwealth
of Pennsylvania;
(9)Â
Documentation that soils information for region has been reviewed
and identify areas where special precautions are to be taken regarding
landslide-prone areas or other areas designated as sensitive soil
conditions; and
(10)Â
Other pertinent information as required herein.
B.Â
The application shall be accompanied by a nonrefundable permit fee
calculated as follows:
(1)Â
One thousand five hundred dollars;
(2)Â
In the event that the actual costs incurred by the Borough exceed
the sum of $1,500 for processing the application and preparing the
permit, then in that event those additional costs shall be imposed
on the applicant and no permit shall be issued until said costs are
paid in full.
C.Â
On receipt of such application the Borough Engineer shall prepare
a report showing all Borough and municipal authority facilities and
infrastructure, as well as all utilities and infrastructure owned
by others, that may be negatively affected by the proposed activity
located in the testing area shown in such application. All costs associated
with the preparation of said report shall be borne by the applicant.
Such report and the application shall then be submitted to the members
of Council with the recommendations of the Borough Engineer. Every
municipal authority and other organization or entity that owns and/or
operates facilities that are noted in the report as being susceptible
to negative affect shall be provided with a copy of the report and
the Engineer's recommendations no later than the time they are
submitted to the members of Council. The members of Council will consider
the applicant's request at the next public meeting if the Council
has the report at least 10 days before the meeting. If not, the Council
will consider the applicant's request at the following public
meeting. No permit shall be issued except upon approval of the Borough
Members of Council.
The term of a permit issued under this article shall be for
18 months beginning on the date of approval of the permit by the Board
of Members of Council, and all energy source operations shall be completed
within said term. The applicant shall notify the Borough Engineer
a minimum of three business days in advance of the actual commencement
of energy source operations.
A.Â
All geophysical operations shall be limited to the areas approved
by Borough Council and depicted on the map submitted by the applicant
and kept at the Borough building. A copy of such map shall be attached
to any permit issued by the Borough. If, during the course of operations,
all or a portion of any infrastructure, utility line or related facility
must be relocated to maintain compliance with the terms and conditions
set forth herein or to ensure the safety of the general population,
such relocation shall only be conducted with the written approval
of the owner and operator of the infrastructure, utility line or related
facility. The applicant shall notify the Borough Engineer or his designee
at least three business days prior to the commencement of work on
any such relocation, which shall be performed in compliance with any
and all applicable laws, rules, regulations and standards and at no
cost to the Borough, municipal authority or other owner or operator
of the relocated or affected infrastructure, utility line or related
facility. In those cases where public utilities such as water and
sanitary sewer services are impacted, work may be delayed if those
services are to be disrupted and temporary services must be provided.
Temporary service provisions will be planned by the applicant, approved
by the Borough/municipal authority and all costs for providing temporary
services will be paid by the applicant.
B.Â
The applicant shall provide the Borough with the complete resume
of the project manager detailing his/her experience and education
in seismic operations, years and types of work in the field of seismic
operations and identifying all previous seismic operations overseen
by the project manager. Said project manager 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 Borough Engineer 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 prepared
by or on behalf of the Borough that indicate subsurface structures
or facilities; provided, however, that the applicant's reliance
on any information furnished by the Borough, its agents, representatives,
and employees, whether written or verbal, shall be at the sole risk
of the applicant with the following agreed upon disclaimer:
APPLICANT ACKNOWLEDGES THAT THE BOROUGH 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 BOROUGH 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.
|
C.Â
All Borough and applicable municipal authority (water and sewage)
owned structures, buildings, wastewater treatment facilities, pump
stations, 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 subjected to a peak particle
velocity greater than thirty-five-hundredths-inch per second. The
Borough and/or applicable municipal authority 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 approved by the
Borough and/or municipal authority and hired by the applicant. Any
reimbursement provided by this section shall be paid to the Borough
within 30 days following the applicant's receipt of an invoice
from the Borough.
Energy source testing may be conducted from 8:00 a.m. until
the earlier of sunset or 7:00 p.m. local time, on Monday through Friday,
and from 9:00 a.m. until the earlier of sunset or 7:00 p.m. local
time, on Saturday and Sunday.
A.Â
The applicant shall restore, at its own cost, Borough-owned lands,
roadways 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. An excess maintenance agreement may,
at the sole discretion of the Borough, be required for any such testing
operations. The applicant shall restore, at its own cost, Municipal-Authority-owned
infrastructure including water and sewer lines, structures, facilities
and related appurtenances.
B.Â
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.Â
The applicant shall notify the Borough Engineer of any equipment
to be operated on Borough streets that will exceed the maximum posted
weight limit or 10 tons, whichever is greater, and obtain any special
permitting required.
D.Â
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.Â
Each testing crew performing work that impedes the flow of traffic,
such as testing on Borough streets or rights-of-way, shall be accompanied
by a certified peace officer provided by the applicant. The applicant
shall furnish at its cost adequate signs, barricades, flares, flagmen,
etc., as necessary, to protect the traveling public.
A.Â
The applicant shall furnish to the Borough's Engineer, or his
designee, a schedule of each week's test plans. If thumper trucks
are utilized on Borough roads, which will require permission of the
Borough, the Borough Engineer shall inspect the road before and after
testing. Applicant shall pay any and all costs incurred by the Borough
as a result of these inspections.
B.Â
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.Â
The applicant shall maintain and make available upon request to the
Borough, 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.Â
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
five-tenths-inch per second.
E.Â
Explosives shall be transported in constantly attended Type 3 magazines
as defined by § 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 Borough at
any given time. No explosives shall be stored within the corporate
Borough limits, unless approved by the Borough's Fire Chief.
If such storage is approved, explosives must be stored in a locked
and secure, constantly attended Type 2 magazine, as defined by § 1902.4.6
of the 1994 Standard Fire Prevention Code, at a single, isolated,
and sparsely populated location.
F.Â
The applicant shall notify the Borough's Engineer, or designee,
within 24 hours after the occurrence of any violation of these permit
requirements. The Borough Engineer is hereby authorized to issue stop-work
orders for any violation of the provisions contained in this article.
A.Â
The applicant shall submit to the Borough a performance bond in the
amount of $250,000 from a surety authorized to do business in the
state. 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 Borough, jointly and severally from the principal and surety,
any and all damages, loss or costs suffered by the Borough in connection
with the applicant's geophysical operations within the Borough.
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 Borough, by registered mail or
written notice, of such intent to cancel or not to renew." The rights
reserved to the Borough with respect to the bond are in addition to
all other rights of the Borough and no action, proceeding or exercise
of a right with respect to such bond shall affect any other rights
of the Borough.
B.Â
Prior to conducting any operations hereunder, the applicant and/or
its contractors shall furnish a certificate of insurance to the Borough
showing the Borough as an "additional insured" with respect to operations
conducted within the Borough and showing liability insurance coverage
covering commercial, personal injury, and general liability in amounts
not less than $1,000,000 per person, $3,000,000 per occurrence, and
$1,000,000 property damage.
C.Â
The applicant shall protect, indemnify, defend and hold the Borough,
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 Borough in defending against any such claims, demands, and
causes of action. Within 30 days of receipt of same, the applicant
shall notify the Borough, 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. At the Borough's discretion, the
Borough 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.Â
Any permit granted hereunder may be revoked upon breach of any term
or condition contained herein.
E.Â
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 Borough Manager.
The following application, which is attached hereto,[1] marked respectively as Exhibit A and made part of this
article, is hereby approved: "Application For Permit to Conduct Seismic
Testing/Survey." The proper Borough officials are hereby directed
to immediately commence using said application and permit.
[1]
Editor's Note: Said application is on file in the Borough
offices.
The applicant shall apply for and obtain a solicitor's
permit for each of its representatives involved in the work to be
performed under the permit to conduct seismic testing/survey in order
to properly identify said representative. The solicitor's permit
shall coincide with the term for the permit to conduct seismic testing/survey.
A one-time fee of $500 shall be paid by the applicant for the solicitor's
permit and identification badges for its representatives.
Any owner, operator, or other person who violates or permits
a violation of this article, upon being found liable therefor in a
civil enforcement proceeding before a Magisterial District Judge,
shall pay to the Borough a fine of not more than $500, plus all court
costs, including, but not limited to, reasonable attorney's fees
incurred by the Borough 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 Borough 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 a judgment by the Borough without
further judicial proceedings. Further, the appropriate officers or
agents of the Borough are hereby authorized to issue a cease and desist
notice and/or to seek equitable relief, including injunction, to enforce
compliance herewith. No bond shall be required of the Borough if the
Borough seeks injunctive relief.