Darlington Township
City Zoning Code
City Zoning Code
ARTICLE XXII
Oil and Gas Exploration, Drilling and Extraction
§ 172-185 Purpose.
The purpose of this article is to provide for the health, safety and welfare of the residents of the Township of Darlington through zoning and floodplain management provisions for the reasonable development of land for oil and gas drilling while providing adequate health, safety and general welfare protections of the Township's residents. Oil and gas exploration, drilling and extraction operations involve activities that are economically important and will impact the Township. Accordingly, it is necessary and appropriate to adopt reasonable requirements for oil and gas resource development so that these resources can be obtained in a manner that is economically remunerative, preserves the character of all zoning districts, encourages beneficial and compatible land uses and that minimizes the potential impact on the residents of the Township.
§ 172-186 Definitions.
The foregoing definitions shall apply to this article only. As used in this article, the following terms shall have the meanings indicated:
Any person, owner, operator, partnership, company, corporation and its subcontractors and agents who has an interest in real estate for the purpose of exploring or drilling for, producing, or transporting oil or gas.
An occupied structure with walls and roof within which persons live or customarily work. The term shall not include a barn, shed or other storage building.
A public street or road which, in addition to providing access to abutting lots, intercepts other collector streets or state roads and provides a route for carrying volumes of local traffic to community facilities and arterial streets.
The Department of Environmental Protection of the Commonwealth of Pennsylvania.
Any portable framework, tower mast and/or structure which is required or used in connection with drilling or reworking a well for the production of oil or gas.
The area of surface operations surrounding the surface location of a well or wells. Such area shall not include an access road to the drilling pad.
The date upon which this article is approved by the Board of Supervisors of Darlington Township.
The process of injecting water, customized fluids, sand, steam or gas into a gas well under pressure to improve gas recovery.
A public street or road designed to provide access to abutting lots and to discourage through traffic.
A facility designed and constructed to compress natural gas that originates from a gas well or collection of such wells operating as a midstream facility for deliver of gas to a transmission pipeline, distribution pipeline, natural gas processing plant or underground storage field, including one or more natural gas compressors, associated buildings, pipes, valves, tanks and other equipment.
A facility designed and constructed to remove materials such as ethane, propane, butane, and other constituents or similar substances from natural gas to allow such natural gas to be of such quality as is required or appropriate for transmission or distribution to commercial markets but not including facilities or equipment that is designed and constructed primarily to remove water, water vapor, oil or naturally occurring liquids from the natural gas.
Crude oil, natural gas, methane gas, coal bed methane gas, propane, butane and/or any other constituents or similar substances that are produced by drilling an oil or gas well.
The well site preparation, construction, drilling, redrilling, hydraulic fracturing, and/or site restoration associated with an oil or gas well of any depth; water and other fluid storage, impoundment and transportation used for such activities; and the installation and use of all associated equipment, including tanks, meters and other equipment and structures whether permanent or temporary; and the site preparation, construction, installation, maintenance and repair of oil and gas pipelines and associated equipment and other equipment and activities associated with the exploration for, production and transportation of oil and gas. This definition includes gathering, transmission and distribution pipelines. The definition does not include natural gas compressor stations and natural gas processing plants or facilities performing the equivalent functions.
A pierced or bored hole drilled or being drilled in the ground for the purpose of, or to be used for, producing, extracting or injecting gas, oil, petroleum or another liquid related to oil or gas production or storage.
The location where facilities, structures, materials and equipment whether temporary or permanent, necessary for or incidental to the development, preparation, construction, drilling or production or operation of an oil or gas well. This definition includes exploratory wells.
The person designated as the well operator on the permit application or well registration.
A person who owns, manage, leases, controls or possesses an oil or gas well.
A well used for and in connection with the underground storage of natural gas, including injection into or withdrawal from an underground storage reservoir for monitoring or observation of reservoir pressure.
Township of Darlington.
§ 172-187 Zoning classification.
An oil or gas well site, or a natural gas compressor station, or a natural gas processing plant or any similar facilities performing the equivalent functions shall be permitted as a conditional use within all zoning districts of the Township.
§ 172-188 Applicability.
A.
This article applies to all oil or gas well sites, natural gas compressor stations, and natural gas processing plants that will be permitted or constructed after the effective date of this article. No oil or gas well or exploration of same of any type or nature shall be dug or drilled, nor shall any work in preparation therefore be commenced within the boundaries of Darlington Township unless and until the owner or operator of such operation makes conditional use application in conformity with this article.
B.
Oil or gas well sites, natural gas compressor stations, and natural gas processing plants that were permitted or constructed prior to the adoption of this article shall not be required to meet the requirements of this article, provided that any modification to an existing or permitted oil or gas well site that occurs after the effective date of this article and materially alters the size, type, location, number of wells and other accessory equipment or structures, or any physical modifications to an existing natural gas compressor station or natural gas processing plant shall require compliance with and a permit under this article.
C.
Certain federal and/or state laws or regulations preempt oil and gas ordinance requirements that conflict with same. Darlington Township acknowledges that it is preempted from regulating operational methods of the oil and gas industry and may only regulate land uses.
D.
All activities conducted in association with and as a part of oil and gas well sites shall be in accordance with the Commonwealth of Pennsylvania Oil and Gas Act (Act 1984-223), as amended,[1] and any other applicable federal, state, county and Township laws.
[1]
Editor's Note: See 58 P.S. § 601.101 et seq.
§ 172-189 Conditional use permit requirement.
A.
No oil or gas well site, natural gas compressor station, or natural gas processing plant or an addition to an existing oil or gas well site, natural gas compressor station or natural gas processing plant shall be constructed or located within Darlington Township unless a conditional use permit has been issued by the Township to the owner or operator approving the construction or preparation of the site for oil or gas development or construction or natural gas compressor stations or natural gas processing plants.
B.
The permit application, or amended permit application, shall be accompanied by a fee in the amount of $2,000 which may, from time to time, be amended by resolution. The balance of this fee shall be used to offset costs incurred by the Township in reviewing the application, including costs associated with legal and engineering reviews, advertisement for public hearing, transcription costs and other costs permissible under the MPC. The applicant shall promptly pay any additional fees or costs incurred by the Township that exceed this fee.
C.
Any modification to an existing and permitted oil or gas well site that materially alters the size, location, number of wells or accessory equipment or structures, or any modification to an existing natural gas compressor station or natural gas processing plant shall require a modification of the permit under this article. Like-kind replacements shall not require a permit modification.
D.
Any permit obtained under this section shall require drilling preparation and/or drilling within one year after the approval or the permit is automatically rescinded. An extension of the permit may be granted by the Township Supervisors upon written request by the applicant prior to the expiration of the one-year period.
§ 172-190 Preapplication conferences.
Before submitting an application the applicant is strongly encouraged to meet with the Township staff to determine the requirements of and the procedural steps and timing of the application. The intent of this process is for the applicant to obtain necessary information and guidance from the Township staff before entering into any commitments or incurring substantial expenses with regard to the site and plan preparation. A preapplication conference is voluntary on the part of the applicant and shall not be deemed the beginning of the time period for review as prescribed by law. The preapplication conferences are intended for the benefit of the applicant in order to address the required permit submittals and are advisory only, and shall not bind the Township to approve any application for a permit or to act within any time limit relative to the date of such conference.
§ 172-191 Conditional use permit application.
The applicant shall provide to the Township at the time of permit application:
A.
A narrative describing an overview of the project, including the number of acres to be involved, the number of wells to be drilled, location, number and description of equipment and structures to be involved to the extent known.
B.
A land development plan/application which can be obtained from the Township Secretary.
C.
A narrative describing an overview of the project as it relates to natural gas compressor stations or natural gas processing plants.
D.
The address of the oil or gas well site, natural gas compressor station or natural gas processing plant as determined by the Township or county for information of emergency responders.
E.
The contact information of the individual or individuals responsible for the operation and activities at the oil or gas well site shall be provided to the Township and all emergency responders. Such information shall include a phone number where such individual or individuals can be contacted 24 hours per day, 365 days a year. Upon any change of relevant circumstances, the applicant shall update such information and provide it to the Township and all emergency responders.
F.
A location map of the oil or gas well site showing the approximate location of derricks, drilling rigs, equipment and structures and all permanent improvements to the site and any post construction surface disturbance in relation to natural and other surroundings. Included in this map shall be an area within the development site for the location and parking of vehicles and equipment used in the transportation of personnel and/or development and use of the site. Such location shall be configured to allow the normal flow of traffic on local streets shall be undisturbed.
G.
A location map of the natural gas compressor station or natural gas processing plant, including any equipment and structures and all permanent improvements to the site.
H.
A narrative and map describing the manner and routes for the transportation and delivery of equipment, machinery, water, chemicals and other materials used in the siting, drilling, construction, development, maintenance and operation of the oil or gas well site.
I.
A certification or evidence to the Township that, prior to the commencement of any activity at the oil or gas well site, the applicant shall be accepted and complied any applicable bonding and permitting requirements, and shall have entered into a Township roadway maintenance and repair agreement with the Township, in a form acceptable to the Township Solicitor, regarding the maintenance and repair of the Township streets that are to be used by vehicles for site construction, drilling activities, and site operations. A road bond shall be posted by the applicant prior to commencement of any oil or gas well activities.
J.
A description of, and commitment to maintain, safeguards that shall be taken by the applicant to ensure that Township streets utilized by the applicant shall remain free of dirt, mud and debris resulting from site development activities and the applicant's assurance that such streets will be promptly swept or cleaned if dirt, mud and debris occur as a result of applicant's usage. If the Township Engineer determines that preventative measures should be taken to prevent damage to Township roads, bridges, or utilities, then the applicant shall install such protective measure as directed by the Township Engineer prior to the beginning of any oil or gas well activities.
K.
Verification that a copy of the operation's preparedness, prevention and contingency plan has been provided to the Township and all emergency responders.
L.
The preparedness, prevention and contingency plan must provide for local fire protection as follows. During the well's drilling activities, the Fire Department will be directed by the well company's designated person on the scene on how to handle the emergency situation. If drilling activities are not active and when no designated 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 while drilling activities are inactive and someone is in the immediate danger zone, the officers of the Fire Department shall 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. Emergency responders are to be held harmless and indemnified by the applicant when acting in accordance with the emergency response plan. The applicant is responsible to reimburse all costs associated with emergency responders.
M.
A statement that the applicant, upon changes occurring to the operations' preparedness, prevention and contingency plan, will provide to the Township and all emergency responders the dated revised copy of the preparedness, prevention and contingency plan while drilling activities are taking place at the oil or gas well site.
N.
Assurance that, at least 30 days prior to drilling and annually thereafter, the applicant shall provide an appropriate site orientation and training course of the preparedness, prevention and contingency plan for all emergency responders. The cost and expense of the orientation and training shall be the sole responsibility of the applicant. The applicant shall not be required to hold more than one site orientation and training course annually under this section.
O.
A copy of the documents submitted to the Department, or if no document has been submitted to the Department, a narrative describing the environmental impacts of the proposed project on the site and surrounding land and measures proposed to protect or mitigate such impacts.
P.
A copy of all permits and plans from appropriate regulatory agencies or authorities issued in accordance with environmental requirements.
Q.
A copy of all permits and plans from the appropriate regulatory agencies or authorities issued in accordance with applicable laws and regulations for the proposed use.
R.
A soil erosion and sedimentation control plan, in conformance with the requirements of the Beaver County Conservation District, must be submitted along with obtaining a grading and excavating permit from the Township as well as the execution of a stormwater best management practices agreement between the applicant and the Township.
S.
Recorded easements must be supplied for any gathering, transmission and distribution pipelines.
T.
Within 30 business days after receipt of a permit application and the required fee, the Township will determine whether the application is complete and advise the applicant accordingly.
U.
If the application is complete, the Township shall schedule a conditional use hearing and shall, following hearing, render a decision on the application in accordance with this chapter.
V.
If the application is incomplete, the municipality will notify the applicant of the missing or inadequate material and, upon receiving said material, schedule a conditional use hearing.
W.
All state and federal requirements associated with oil and gas well development must be followed and, upon request, permits associated with those requirements supplied to the Township. If at any time during the operation of the site the Township determines that said state or federal requirements are not being met, the permit issued hereunder may be revoked.
§ 172-192 Design and installation.
A.
Access.
(1)
Whenever possible, access to the oil or gas well site should be from a local or collector street.
(2)
Accepted professional standards pertaining to minimum traffic sight distances for all access points shall be followed.
(3)
The access road to the well site shall be required to be improved with 200 feet of limestone before entering Township or state roads in such a manner that no water, sediment or debris will be carried onto any public streets or roadways. Appropriate dust control measures shall be taken by the operator/owner.
(4)
Any newly established private easement/roadway 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 Township may permit a permanent easement/roadway to be located closer than 25 feet from 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.
(5)
The roadway maintenance and repair agreement shall require the owner or operator to conduct an inventory, analysis, and evaluation of existing conditions on Township roads along the proposed transportation route, including photography, video, and core boring, as determined to be necessary by the Township Engineer. The agreement will identify the responsibilities of the operator/owner to prepare, maintain, and repair Township roads before, during, and immediately after drilling operations associated with oil and gas development.
B.
Structure height.
(1)
Permanent structures associated with an oil and gas site, both principal and accessory, shall comply with the height regulations for the particular zoning districts in which the oil or gas well site is located.
(2)
Permanent structures associated with natural gas compressor stations or natural gas processing plants shall comply with the height regulations for the particular zoning districts in which the natural gas compressor station or natural gas processing plant is located.
(3)
There shall be an exemption to the height restrictions contained in this section for the temporary placement of drilling rigs, drying tanks, and other accessory uses necessary for the actual drilling or redrilling of an oil or gas well.
(a)
The duration of such exemption shall not exceed the actual time period of active drilling or redrilling of an oil or gas well.
(b)
The time period of such drilling and exemption shall not exceed six months unless extended, in writing, as necessary and reasonable upon request of the applicant.
(c)
The operator shall give the Township prior written notice of the beginning date for its exercise of the exemption.
C.
Setbacks.
(1)
Drilling rigs shall be located a minimum setback distance of 200 feet from any building not related to the drilling operations on the same lot and 500 feet from any building on an adjacent lot.
(2)
The drilling pad for the oil or gas well site shall comply with all setback and buffer requirements of the particular zoning districts in which the oil or gas well site is located.
(3)
Natural gas compressor stations and natural gas processing plants shall comply with all setback and buffer requirements of the particular zoning districts in which the natural gas compressor station or natural gas processing plant is located.
(4)
Exemption from the standards established in this subsection may be granted by the Township upon a showing by the operator that it is not feasible to meet the setback requirements from surface tract property lines and that adequate safeguards have or will be provided to justify the exemption.
(5)
Drilling pads, natural gas compressor stations and natural gas processing plants shall be set back 500 feet from building or sites registered or eligible for registration on the National Register of Historic Places or the Pennsylvania Register of Historic Places.
(6)
Drilling pads, natural gas compressor stations and natural gas processing plants shall be set back 500 feet from any existing water wells.
(7)
Drilling pads, natural gas compressor stations and natural gas processing plants shall be set back 300 feet from all property boundaries, property lines, properties designated as landfills, properties containing hazardous substances, public streets or private streets not servicing the site.
(8)
Sufficient setbacks shall be met to ensure the preservation of water resources. Further, no well site may be prepared or well drilled within 500 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 waive, 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 Darlington Township.
(9)
If there is a reasonable likelihood of disturbance to endangered species or crucial habitations, sufficient setbacks shall be met to ensure the preservation of threatened or endangered species or crucial habitations such that there shall be no habitat disturbance as determined by the Department of Conservation and Natural Resources.
D.
Screening and fencing.
(1)
Security fencing shall not be required at oil or gas well sites during the initial drilling or redrilling operations, as long as manned twenty-four-hour on-site supervision and security are being provided.
(2)
Upon completion of drilling or redrilling, security fencing consisting of a permanent chain link fence shall be promptly installed at the oil or gas well site to secure well heads, storage tanks, separation facilities, water or liquid impoundment areas, and other mechanical and production equipment and structures on the oil or gas well site. Fencing is not required as long as twenty-four-hour on-site supervision and security are being provided.
(3)
Security fencing shall be at least eight feet in height equipped with lockable gates at every access point with openings no less than 12 feet wide.
(4)
Emergency responders shall be given means to access oil or gas well sites in case of an emergency.
(5)
Warning signs shall be placed on the fencing surrounding the oil or gas well site providing notice of the potential dangers and the contact information in case of an emergency.
(6)
In construction of oil or gas well sites the natural surroundings should be considered and measures taken to preserve existing trees and other native vegetation.
(7)
Fracking ponds, where permitted, shall be fenced and covered with protective bird netting to ensure the safety of animal and bird species.
E.
Lighting.
(1)
Lighting at the oil or gas well site, or other facilities associated with oil and gas drilling development, either temporary or permanent, shall be directed downward and inward toward the activity, to the extent practicable, so as to minimize the glare on public roads and nearby buildings within 200 feet of the oil or gas well development.
(2)
Lighting at a natural gas compressor station or a natural gas processing plant shall, when practicable, be limited to security lighting.
F.
Noise.
(1)
The applicant shall take the following steps to minimize noise resulting from the oil or gas well development:
(a)
Prior to drilling an oil or gas well or the operation of a natural gas compressor station or a natural gas processing plant, the applicant shall establish by generally accepted testing procedures the continuous seventy-two-hour ambient noise level at the nearest property line or effected property line from the drilling site. In lieu of the establishment of the ambient noise level established by the continuous seventy-two-hour test, the applicant may assume and use, for the purpose of compliance with this article, a default ambient noise level of 55 dBA. The sound level meter used in conducting any evaluation shall meet the American National Standard Institute's standard for sound meters or an instrument and the associated recording and analyzing equipment, which will provide equivalent data.
(b)
The applicant shall provide the Township documentation of the established ambient noise level prior to starting oil or gas drilling and/or production operations.
(c)
The noise generated during the oil and gas operations or the natural gas compressor station or the natural gas processing plant shall not exceed the average ambient noise level established under the § 172-21A of this chapter by more than:
(d)
Effective sound mitigation devices shall be installed to permanent facilities to regulate sound levels that would otherwise exceed the noise level standards when located near a residence, public building, school, medical, emergency or other public facilities.
(2)
Exemption from the standards established in this subsection may be granted by the Township during the drilling stage or at the oil or gas well site, or the gas compressor station, or at the natural gas processing plant for good cause shown and upon written agreement between the applicant and the Township.
(3)
Complaints received by the Township shall be addressed by the applicant, within 24 hours following receipt of notification, by continuously monitoring for a period of 48 hours at the nearest property line to the complainant. The applicant shall report the findings to the Township within seven days after testing and shall mitigate the problem to the allowable level if the noise level exceed the allowable rate.
(4)
Natural gas compressor stations and natural gas processing plants or facilities performing the equivalent functions shall be constructed so as to mitigate sound levels, or have installed mitigation devices to mitigate sound levels that would otherwise exceed the ambient noise level standards at residential or public buildings, medical, emergency or other public facilities.
(5)
Except for emergency operations or drilling and hydraulic fracturing operations, hours of operation at an oil and gas well site or other facilities associated with oil and gas drilling development are limited to 7:00 a.m. to 10:00 p.m., Monday through Saturday.
G.
Prohibition and precautions.
(1)
No drilling shall be allowed in the floodway designated as such in the Flood Insurance Study (FIS) and shown on the Federal Emergency Management Agency (FEMA) maps.
(2)
Oil and gas drilling in the one-hundred-year floodplain is discouraged but may be permitted by the Township, in its sole discretion, if the following provisions are met.
(a)
The applicant must provide conclusive documentation that no other location allows access to the oil or gas deposit other than the location within the floodplain.
(b)
An adequate emergency evacuation plan shall have been produced by the applicant and filed with the Township.
(c)
No storage of chemicals shall be permitted by the Township if the applicant can show that such storage will not potentially cause any harm to property, persons or the environment in the case a one-hundred-year flood; and further provides security to the Township assuring the applicant's ability to remedy any damage or injury that may occur.
(d)
Only necessary and needed structures will be permitted within the floodplain.
(e)
All structures within the flood zone shall be designed to withstand a one-hundred-year storm event.
(f)
An engineer registered in Pennsylvania and qualified to present such documentation that structures will not cause additional flooding on adjacent upstream and/or downstream properties shall provide such documentation to the Township.
(3)
Oil and gas operations shall not create dust or pollute the air in violation of the Clean Air Act or any other local, state or federal regulation regarding air cleanliness or nuisances. Owners/operators shall take the necessary safeguards to ensure appropriate dust control measures are in place. Exhaust from any internal combustion engine or compressor used in connection with the drilling of any well or for use on any production equipment or used in development shall not be discharged into the open air unless equipped with an exhaust muffler or an exhaust box. The exhaust muffler or exhaust box shall be constructed of noncombustible materials designed and installed to suppress noise and disruptive vibrations. Moreover, all such equipment with an exhaust muffler or exhaust box shall be maintained in good operating condition according to manufacturer's specification.
(4)
Portable equipment not necessary for the continuing drilling or other use at the site shall not be stored on the property except in completely enclosed buildings.
(5)
A worker, agent, contractor or employee connected with an oil or gas operation shall be prohibited from residing and living on the site for more than two consecutive weeks at a time.
(6)
Brine or hydraulic fracturing wastewater disposal wells are permitted on sites located in the all zoning districts. All wastewater generated must be properly disposed of per current state and federal regulations.
(7)
Owners and operators shall take all necessary precautions to minimize odors during the drilling or hydraulic fracturing process. If odors resulting from the drilling or hydraulic fracturing process or odors emanating from the well sites result in nuisance complaints being lodged by Township residents, the owner or operator shall meet with the Township and any affected residents to implement, where warranted and required by the Township, effective odor control measures.
(8)
Owners or operators shall take all necessary precautions to properly operate and maintain a vapor recovery unit, vapor destruction equipment or the best available technology at condensate tanks in and around each well site.
(9)
Owners or operators shall take all necessary precautions to ensure the safety of persons in areas established for road crossing and/or adjacent to roadways, i.e., persons waiting for public or school transportation, crosswalks, etc. Where necessary and permitted, during periods of anticipated heavy or frequent truck traffic associated with the development, owners or operators will provide flagmen to ensure the safety of children at or near schools or school bus stops and include adequate signs and/or other warning measures for truck traffic and vehicle traffic. In the alternative, owners or operators, with the Township's consent and agreement, will reimburse the Township to provide such required safety measures.
(10)
Owner or operators shall not clear brush or trees by way of burning and shall chip, grind or remove all tree stumps and limbs from properties it clears for development purposes unless done so in conformity with Township ordinances.
§ 172-193 Bond, insurance, and indemnity.
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 state. The performance bond shall be valid for a period of two years from the date 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 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 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, 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 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, or 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 under this permit, including attorneys' fees and any other costs and expenses incurred by the Township in defending against any such claim, demands, or causes of action.
§ 172-194 Violations and penalties.
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 Township a fine of not more than $500, plus all court costs, including reasonable attorneys' fees incurred by the Township 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 Township 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 Township without further judicial proceedings. Further, the appropriate officers or agents of the Township 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 Township if the Township seeks injunctive relief.