[HISTORY: Adopted by the Board of Supervisors of the Township
of West Pike Run as indicated in article histories. Amendments noted
where applicable.]
[Adopted 1-6-2014 by Ord.
No. 2014-1]
The explorations, development, and production of oil and gas
in West Pike Run Township is an activity that necessitates certain
oversight to ensure that all property owners have the right to enjoy
their property and its benefits and revenues. It is hereby declared
to be the purpose of this article to require the registration of existing
and future oil and gas exploration and operations such that West Pike
Run Township may monitor the locations, ownership, and operations
of such facilities. West Pike Run Township recognizes that the regulation
of oil and gas operations is in large part the responsibility of the
regulatory agencies of the Commonwealth of Pennsylvania, but that
it is in the Township's best interest to identify the location and
circumstances of existing and future oil and gas exploration, development
and production.
A.
No oil
or gas well of any type or nature shall be dug or drilled, nor shall
any work in preparation therefor be commenced within the boundaries
of West Pike Run Township unless and until the person or entity desiring
to dig or drill such well has first registered with West Pike Run
Township for the purpose of commencement of drilling operations.
B.
All applicable
ordinances adopted by West Pike Run Township, and federal and state
laws and regulations shall be adhered to by the applicant.
Every person, firm or corporation registering for the ongoing
existence or commencement of drilling operations shall do so with
the agent designated by West Pike Run Township showing the following
information:
A.
Any drilling permits issued by the Commonwealth of Pennsylvania,
or the application if a permit has not yet been issued, shall be attached.
B.
The name and address of the applicant, including the name and telephone
number of a local representative.
C.
The proposed or existing location of the well shall be attached.
Any newly established private easements/roadways constructed
on the parcel containing the well shall be located at least 25 feet
from any property line unless consent is obtained from the adjoining
property owner. Existing easements/roadways shall be exempt from the
requirement to obtain consent from adjoining property owner; provided,
however, that the Board of Supervisors may permit a permanent easement/roadway
to be located closer than 25 feet to any property line upon showing
by the applicant that the location of such easement/roadway cannot
be constructed as required due to topographical or environmental constraints.
Each registration shall be accompanied by payment of a fee of
$150 made payable to "West Pike Run Township."
All activities conducted in association with, and as part of,
oil and gas wells shall be in accordance with the Commonwealth of
Pennsylvania Oil and Gas Act (Act 1984-223), as amended, and Act 13
of 2012[1] along with any other applicable federal, state, county
and Township statutes/ordinances.
[1]
Editor's Note: See now, e.g., Title 58 of Pa.C.S.A., particularly
58 Pa.C.S.A. § 3201 et seq. (Development) and 58 Pa.C.S.A.
§ 3301 et seq.
The registrant shall have obtained from appropriate state and
other applicable regulatory agencies or authorities permits issued
in accordance with all applicable laws and regulations for the proposed
use. At the time of making application to such authorities, the registrant
shall file with the Township Secretary a copy of each state or federal
application with supporting documentation for the proposed use.
A preparedness prevention and contingency plan, as required
by and filed with the Pennsylvania Department of Environmental Protection,
shall be submitted.
The registrant agrees with an emergency response plan for local
Fire Departments as follows: During the well's drilling activities,
the Fire Department will be directed by the well company's competent
person on the scene on how to handle the situation at hand. After
well drilling activities are completed, when no competent person is
on site, evacuate and isolate the area 350 feet around the affected
site and contact the Department of Environmental Protection Emergency
Response Number 1-800-541-2050. If there is a life or death situation
after welling drilling activities are completed and someone is in
the immediate danger zone, the officers of the Fire Department should
use their best judgment to make sure there are no dangers such as
fire, electrocution, high-pressure release, etc. Best judgment is
to be used while maintaining a perimeter and waiting for well company
personnel to arrive or advise.
The registrant shall provide a copy of the approved Pennsylvania
Department of Environmental Protection (PA DEP) permit.
Upon submittal of the required information, registration fee,
zoning and other approvals, where necessary, the applicant may proceed
with oil and gas construction and drilling activities.
If the access road is of sufficient length, the access road
to the well site shall be required to be improved with 200 feet of
limestone before entering Township roads in a manner that no water,
sediment or debris will be carried onto any public street.
Any violation of this article shall be punished by fine of not
more than $500 per violation per day. Each day that a violation exists
shall constitute a separate offense.
The penalty provided herein shall be cumulative of other remedies
provided by the laws of the Commonwealth of Pennsylvania, including
but not limited to injunctive relief.
Consistent with Act 13 of 2012, wells may not be drilled within
500 feet measured horizontally from any existing/occupied structure
or existing water well and 1,000 feet from public drinking water sources.
Where the distance restriction would deprive the owner of the oil
and gas rights of the right to produce or share in the oil or gas
underlying said surface tract, the well operator may be granted a
variance from said distance restriction by the Department of Environmental
Protection, which shall identify the additional measures, facilities
or practices to be employed during well site construction, drilling
and operations. The variance, if granted, shall include such additional
terms and conditions as the Department of Environmental Protection
shall require to ensure the safety and protection of affected persons
and property. The provisions may include insurance, bonding and indemnification,
as well as technical requirements. Further, no well site may be prepared
or well drilled within 100 feet measured horizontally from any stream,
spring or body of water as identified on the most current 7 1/2
minute topographic quadrangle map of the United States Geological
Survey or within 100 feet of any wetlands greater than one acre in
size. The Department of Environmental Protection may waive such distance
restrictions upon submission of a plan which shall identify the additional
measures, facilities or practices to be employed during well site
construction, drilling and operations. Such waiver, if granted by
the Department of Environmental Protection, shall impose such permit
conditions as are necessary to protect the waters of the commonwealth
and shall be accepted by West Pike Run Township.
If any section, clause, phrase or provision of this article
or the application thereof to any person, firm or corporation shall
to any extent be held by court of competent jurisdiction to be invalid,
the remaining sections and provisions of the article shall remain
in full force and effect and shall in no way be affected, impaired
or invalidated.
This article shall take effect immediately. All existing oil
and gas operations within West Pike Run Township shall be required
to register with the Township within 90 days of the effective date
of the article, and all new oil and gas exploration and operations
shall be required to register before commencing any activities.
[Adopted 2-13-2017 by Ord. No. 2017-1]
This article shall be known as the "West Pike Run Township Geophysical/Seismic
Testing Ordinance of 2017."
As used in this article, the following terms shall have the
meanings indicated:
Operations that involve the creation of seismic waves to
model the geophysical properties of the earth's crust.
It shall be unlawful for any person to conduct any exploration
activities within the Township 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 cause vibrations without first
obtaining a permit for such 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 permit hereunder shall be made with the West Pike Run Township
Zoning Officer. Such application shall contain the following information:
(1)
Name
of the applicant;
(2)
Address
of the applicant;
(3)
Type
of explosives or other geophysical methods of mineral exploration
to be used, and the purposes therefor;
(4)
A
map designating a testing area 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
location of all wires, cables, accelerometers and other equipment
to be placed on the Township right-of-way or properties; and
(7)
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.
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 Zoning Officer or his designee shall forward
to the Township Board of Supervisors for its review. No permit shall
be issued except upon approval of the Township Board of Supervisors.
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 Board
of Supervisors, and all energy source operations shall be completed
within said term. The applicant shall notify the Zoning 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 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 public works 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 determined
by the Township Board of Supervisors, and depicted on the map kept
in the Zoning Officer's office. A copy of such map shall be attached
to any permit issued by the Township. 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 Supervisors or
its designee at least three business days prior to embarking on such
relocation, which shall be performed in compliance with Township standards.
B.
The applicant shall employ an engineer specializing in seismology,
to be approved by the Township, 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 Secretary-Treasurer
or 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 actions 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 an expedient
manner.
A.
The applicant shall notify each owner of property, in writing, by United States Mail to or by 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. 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 § 231-21 to be included in its application.
B.
The applicant shall notify each owner of property, in writing, by
United States Mail to or by personal delivery at the property, within
400 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 costs to the property owner of pre- and
post-test inspections of all structures located on or under said property,
including appropriate testing on lab test water wells. The applicant
shall perform the offered inspections if requested by 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 Township.
C.
The applicant shall place newspaper advertisements in the newspaper of record in the Township of not less than three inches by four 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 continuously during the two-week period immediately before the permit application is scheduled to be considered by the Township Board of Supervisors, and again during the two-week period immediately before the 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 § 231-26 while work is ongoing in the Township, 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 sweep frequency and drive levels or other geophysical sources) so that no structure subject to limitations contained in § 231-25D herein, shall be subject to any peak particle velocity greater than 6/10 inch per second. 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 5/10 inch per second. The applicant shall conduct all the necessary, engineering tests on property located within a one-hundred-mile radius from the Township and containing soils similar to that at the planned locations of the geophysical operations, and shall provide all reports to the Township in an appropriate format for evaluation at the time of application.
B.
Using industry standard equipment and techniques, the engineer required by § 231-23 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 Supervisors 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 Township.
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 Township shall make available for inspection
and copying, maps, if any, prepared by or on behalf of the Township
that indicate subsurface structures or facilities; provided, however,
that the applicant's reliance on any information furnished by the
Township, 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 TOWNSHIP 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 TOWNSHIP 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 Township 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 subjected
to a peak particle velocity greater than 35/100 inch per second. The
Township 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 hired by the applicant. Any reimbursement provided
by this section shall be paid to the Township within 30 days following
the applicant's receipt of an invoice from the Township.
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 Saturday. Testing shall not be permitted on Sunday.
A.
The applicant shall restore, at its own cost, Township-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. At its discretion, the Township may
require a road bond or maintenance agreement for road-based testing.
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 Secretary-Treasurer of any equipment
to be operated on Township streets that will exceed the maximum weight
limit established by the Township's engineers, and shall 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.
Operations under the permit shall be barred when the Secretary-Treasurer
determines that the ground conditions are such that 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 of 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
preventative measures are implemented to ensure that said 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 be accompanied
by a Constable 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.
The applicant shall furnish to the Township's Supervisors or designee
a schedule of each week's test plans. If thumper trucks are utilized
on Township roads, which will require permission of the Township,
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.
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. Blast mat or rock nets shall be installed
on all shot holes prior to blasting. After testing, all holes shall
be filled (closed).
C.
The applicant shall maintain and make available upon request by the
Township, 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.
Explosives shall be transported in constantly attended Type-Three
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.[1] Only the necessary amount of explosives for each day's
operations, during the period as the permit is in effect, shall be
transported within the Township at any given time. No explosives shall
be stored within the corporate Township limits unless approved by
the Township's Fire Chief. If such storage is approved, explosives
must be stored in a locked and secure, constantly attended Type-Two
magazine, as defined by Section 1902.4.6 of the 1994 Standard Fire
Prevention Code, at a single, isolated and sparsely populated location.
[1]
Editor's Note: See 49 CFR 172.500 et seq.
E.
The applicant shall notify the Township's Supervisors, or designee
within three business days after the occurrence of any violation of
these permit requirements.
A.
The applicant shall submit to the Township a performance bond in
the amount of $100,000 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 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 cancelled 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." The rights
reserved to the Township with respect to the bond are in addition
to all other rights of the Township, and no action, proceeding or
exercise of a right with respect to such bond shall affect any other
rights of the Township.
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, $3,000,000 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 it or its contractors',
agents' or representatives' operations under this permit, including
attorneys' fees and any other costs and inspections incurred by the
Township in defending against any such claims, demands and causes
of action. Within 30 days of receipt of the same, the applicant shall
notify the Township, in writing, of each claim for injuries, death
or persons or damages or losses to property 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 Township's discretion, the Township 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 Township Secretary.
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 $1,000. Each day of the violation
shall constitute a separate offense.
The enactment and existence of this article shall not be construed
as creating any right or entitlement whatsoever in any individual,
group or business entity to perform operations on Township property
or any other property, private or public. Furthermore, this article
shall not be construed as conferring the legal right to perform energy
source operations as described herein on private property, and the
issuance of a permit pursuant to this article does not concomitantly
confer any right to perform energy source operations on such property.
This article neither expands nor limits the requirements for energy
source operations on private property, but, rather, leaves applicable
law regarding the same intact. This article shall not be construed
as rendering on behalf of the Township any statement, assertion, warranty
or guarantee concerning the scope, methods and/or safety of any individual,
group or entity permitted by the Board of Supervisors under this article.
Accordingly, the Township shall not, as a result of any decision to
grant or deny any permit under this article, be held liable for any
harm directly or indirectly related to any operations performed in
the Township.
