Township of Cecil, PA General Regulations

Accessory uses and structures are permitted in all zone districts in accordance with the provisions of this section and the International Residential Code. This section applies only to detached one- and two-family dwellings and multiple attached single-family dwellings not more than three stories in height. All other accessory uses shall comply with the height and area regulations of the International Building Code, as defined under the Utility and Miscellaneous Group U section. Accessory uses and structures shall be incidental and subordinate to and commonly associated with the operation of the principal use of the property, and shall be operated and maintained under the same ownership and on the same property, or on adjoining property under the same ownership, as the principal use. Except for agricultural purposes, accessory uses shall be constructed clearly subordinate in height, area, bulk, extent and purpose to the principal use served, subject to the chart set forth below, and shall not exceed the height from the lowest grade level to the uppermost portion of the roof, nor shall the area of the accessory use structure exceed the area of the total livable space of the primary structure as listed below. All other bulk and area restrictions of the specific district in which the structure is located will apply.

Lot Size	Percent of Primary Structure	Height (feet)
Up to 21,780 square feet (1/2 acre)	35%, maximum 625 square feet	14
1/2 acre to 0.9 acres	50%, maximum 900 square feet	18
1 acre to 2.9 acres	75%, maximum 1,600 square feet	28
3 acres to 4.5 acres	100%, maximum 2,000 square feet	30
5 acres and above	200%	38

Total area of all accessory structure combined shall not exceed the requirements in the above chart.

Height limitation. The height of the accessory structure shall be measured from the lowest point of grade to the peak of roof. Accessory use structures shall not exceed two stories.

Accessory structures exempt from building permit and setback requirements. Accessory uses such as essential services, sidewalks, driveways, curbs, drainage installations, retaining walls, mailboxes, nameplates, lampposts, bird baths, and structures of a like nature are permitted in any required front, side or rear yard without the issuance of any permit; however, such uses shall be subject to all other regulations for accessory structures found in this section.

Stormwater management. All accessory structures with impervious area, including any access roads, driveways and walks in excess of 1,200 square feet of roof area, shall comply with all stormwater management provisions contained within § 210-25, Stormwater drainage, in the Subdivision and Land Development chapter of this Code.

Swimming pools.

All private permanent in-ground or aboveground swimming pools containing over 24 inches of water for swimming or recreational bathing are considered structures for the purpose of permits and for regulations of other ordinances. For the purpose of this chapter, they are not counted as floor area in computing the lot coverage but shall not be located in any required setback area. All swimming pools shall be installed in accordance with the International Residential and or Commercial Building Code adopted at the time of application.

No permanent swimming pool containing over 24 inches of water shall be constructed in the Township except in accordance with a permit previously secured from the Zoning Officer upon written application, accompanied by a plan showing the size, shape and location of the swimming pool and its enclosure and such other information as may be deemed necessary to enable the Zoning Officer to determine whether the pool complies with this chapter.

Hot tubs and spas do not require a building permit or fence so long as an approved cover which complies with ASTM F1346 is installed and maintained to prevent accidental entry.

A licensed electrical inspector shall inspect all portable pools, hot tubs and spas which do not require a building permit but require the addition of electrical equipment for filtration and pumps, and a report of the inspection shall forwarded to the Township Building Department.

Accessory uses and structures are permitted in all zone districts in accordance with the provisions of this section. Accessory uses and structures shall be incidental and subordinate to and commonly associated with the operation of the principal use of the property and shall be operated and maintained under the same ownership and on the same property, or on adjoining property under the same ownership, as the principal use. Except for agricultural purposes, accessory uses shall be clearly subordinate in height, area, bulk, extent and purpose to the principal use served; shall not exceed 50% of the square footage of the principal building; and shall not exceed 14 feet in height at the measuring point of the respective roof type. Accessory uses shall not be permitted prior to the erection and operation of the principal use on a parcel or adjoining parcel under the same ownership. For purposes of this section, "agricultural" use shall include any land, building or structure that, through its operation of farming, generates income as proven by an income tax return.

Fences, walls and hedges.

Fences, walls and hedges may be permitted in any required yard or along the edge of any yard, provided that driveway entrances are not shielded by the fence, wall or hedges in such a way as to obstruct the view of a driver entering a road from the driveway. In addition, fences shall not obstruct visibility at intersections.

No fence, wall or other obstruction (except a required retaining wall) shall be more than six feet in height, except when located within a platted residential subdivision. No barbed wire (except in agricultural areas), metal spikes, or other dangerous fence shall be erected or maintained unless in a commercial or industrial district, with such dangerous portion of the fence at least eight feet above the ground.

In a platted residential subdivision, fences, latticework, screens or walls not more than six feet in height may be located in the required side or rear yard, and a hedge, open fence or a wall maintained so as not to exceed three feet in height may be located in any front yard. For purposes of this section, those portions of the side and rear yards which abut a street shall be treated as front yards.

For purposes of fence, wall and hedge regulations, any yard that abuts a street from which access is prohibited shall be treated as either a side or rear yard but not as a front yard.

Satellite dishes.

Satellite dishes shall be subject to all zone district setbacks, which shall be measured from that part of the dish that extends closest to the adjoining property or right-of-way line.

Within residential subdivisions or commercial or industrial zone districts, ground-mounted satellite dishes larger than 24 inches in diameter shall be screened from adjacent uses or public rights-of-way by a continuous evergreen screen no less than seven feet in height at maturity; provided, however, that no screening shall be required that would interfere with line of sight to the satellite. When the distance from the satellite dish to a property or right-of-way line exceeds 30 times the height of the dish, no screening shall be required between the dish and that property or right-of-way line.

Private dog house and private dog pen. Private dog houses and/or pens shall be located on the owner's property at a point closer to the owner's dwelling than it is to the nearest neighboring residential dwelling. Fenced-in yards are not considered dog pens for purposes of this section.

§ 240-49 Visibility at intersections.

On the corner lot or at any point of entry on a public road, nothing shall be erected, placed, planted or allowed to grow in such a manner that obscures the vision between the height of 2 1/2 feet and 10 feet, measured from the center-line grade of the intersecting streets or driveways and within the area bounded by the street lines of such corner lots and a line joining points on these street lines 75 feet from their intersection along the lot lines.

§ 240-50 Exceptions to height limitations.

The height limitations of this chapter shall not apply to church spires, belfries, domes, monuments, observation towers, windmills, chimneys, smokestacks, flagpoles, masts and aerials, silos, and similar structures or projections neither intended nor used for human occupancy. Public utility structures, other than buildings, necessary for the distribution of essential services to the general public shall not be subject to the height limitations of this chapter. Structures such as cellular communications towers, erected by private companies, are not considered essential services and are subject to applicable height restrictions.

§ 240-51 Stripping of topsoil, excavation of clay, sand, gravel or rock.

Operations defined by the title of this section may be conducted in all zoning districts only under the following conditions:

As part of the construction or alteration of a building or the grading incidental to such building or preparation of ground in anticipation of future building.

In connection with normal lawn preparation and maintenance.

In connection with the construction or alteration of a street or utility improvement.

In farming operations where such use is permitted, provided sound soil conservation practices are observed.

§ 240-52 Slope controls.

Specific intent. In addition to the general goals stated in the Land Use Plan Goals and Objectives included in the Comprehensive Plan, the purpose of this section is to prevent the erection of nonresidential structures in areas unsuitable for building sites, to minimize danger to public health by protecting watersheds, to discourage erosion of soils by maintaining adequate foliage cover on hills, and to promote the perpetuation of open space on hillsides. Slope areas may be located within the confines of any zoning district. Residential structures are permitted, subject to the controls of this section.

Definition of slope area. For purposes of this section, a slope area is considered to be any land having an average slope in excess of 25%.

Permitted land uses. The following uses are the only uses permitted in areas subject to slope controls:

Parks and outdoor recreational uses shall be permitted so long as their activities do not conflict with the use of the land as a watershed.

Tree farming, forestry and other agricultural uses, when conducted in conformance with conservation practices that ensure adequate protection against soil erosion.

Residential uses on a one-acre-minimum site, subject to § 240-52E of this article, unless more restrictive regulations apply.

Application procedure. Any person desiring to change or in any way modify an existing use of land in an area subject to these controls shall supply a statement to the Planning Commission signifying his intentions that the intended use of the land will be a use permitted by this chapter. If such a change involves the construction of any building, the applicant shall, in addition, furnish the Zoning Officer with a statement prepared by a registered civil engineer or surveyor to the effect that the proposed building will not be erected on any land where the percentage of grade exceeds 40%.

Residential uses. Single-family residential structures may be constructed on a slope with a grade in excess of 25%, if the building is constructed in such a manner that does not disturb the existing grade and natural soil conditions. The applicant shall supply the Township with the following:

A site plan of the property indicating existing grades, with contour lines at two-foot intervals, and proposed grades, along with indication of proposed paved areas and storm drainage facilities.

A landscaping plan, indicating existing and proposed ground cover and the location, size and species of existing and proposed trees and shrubs.

Architectural plans, elevations and sections.

A statement prepared by a registered architect, indicating the building methods to be used in overcoming foundation and other structural problems created by slope conditions and the requirement to preserve natural watersheds and prevent soil erosion.

An engineering statement, prepared by a professional engineer, certifying the stability of a slope after grading.

Area and bulk regulations. The following development standards shall be observed for single-family residential uses only on all slope lands:

Minimum lot size: one acre.

Minimum lot width: 150 feet.

Minimum front-yard setback: 50 feet.

Minimum side-yard setback: 40 feet.

Minimum rear-yard setback: 60 feet.

Maximum building height: three stories or 35 feet.

Maximum lot coverage: 10%.

§ 240-53 Agricultural regulations.

Where permitted by this chapter and unless otherwise controlled by other Township ordinances or regulations, operations involving the use of buildings and land for farming, gardening, nurseries, greenhouses, riding academies, livery or boarding stables, stock raising, dairying and poultry shall be permitted, subject to the following safeguards and regulations:

Storage of manure or odor- or dust-producing substances shall not be permitted within 200 feet of any lot line.

Greenhouse heating plants shall not be operated within 100 feet of any lot line.

Side and rear setbacks for buildings or enclosures in which animals or poultry are kept are established as follows:

Fifty feet in cases where the farm abuts land currently used for agriculture.

Fifty feet in cases where the farm abuts a planned residential development which has a fifty-foot conservation easement in place.

One hundred feet in cases where the farm abuts a conventional subdivision in any residential zone.

The selling of products raised, bred or grown on the premises shall be permitted, provided that all stands or shelters used for such sales be constructed according to good building practice and maintained in good condition throughout the off-season when not in use.

Setbacks from public road rights-of-way for all buildings and structures other than those listed in § 240-53C above shall be:

R-1: 35 feet.

R-2: 35 feet.

R-3: 35 feet.

C-1: 45 feet.

I-1: 45 feet.

I-2: 50 feet.

Side and rear yards in other than residential zones shall be as follows:

C-1, if adjacent to C-1, I-1 or I-2: 25 feet.

I-1, if adjacent to C-1, I-1 or I-2: 25 feet.

§ 240-54 Animals.

[Amended 9-6-2016 by Ord. No. 9-2016]

Except as set forth in this section, no horses, cows, fowl, goats, sheep, or similar animals (excluding dogs or cats), and no wild animals of any kind shall be permitted on any tract of land less than 10 acres.

Keeping of fowl and small animals on tracts of land less than 10 acres. The keeping of fowl and small animals shall be allowed by right in all zoning districts provided the following conditions are met:

Small animals may be housed in the dwelling of the owner provided the keeping of such animals does not constitute a nuisance.

Small animals not housed in the dwelling of the owner shall be confined in quarters, no part of which shall be closer than 10 feet from the exterior limits of any dwelling or any property line.

Fowl not housed in the dwelling of the owner shall be confined in quarters, no part of which, including the coop and the chicken run, shall be closer than 10 feet from the exterior limits of any dwelling or any property line.

No more than six fowl may be housed on a property situated on a tract of land that can provide, in the rear yard, within the applicable setback requirements, at least an eighteen-square-foot coop and a 150-square-foot chicken run.

No more than a total of four adult small animals not housed in the dwelling may be housed on a property situated on a tract of land that is smaller than 1/2 acre.

No more than a combined total of 25 adult small animals or fowl may be housed on a property situated on a tract of land that is larger than one acre, but less than 10 acres.

Roosters are prohibited on tracts of land less than 10 acres in size.

In the case of two-family dwellings, conversion dwellings, or multifamily dwellings without individually owned backyards, the maximum number of fowl allowed is six per property.

The keeper of every such small animal and fowl shall confine the same in an enclosure sufficient to prevent such animal from running at large, and such enclosure shall be of a size conducive to good sanitation practices and adequate and sanitary drainage facilities shall be provided. The enclosure shall be located within the applicable setback requirements.

With respect to fowl, the minimum coop size shall be 18 square feet. A chicken run must be attached to the coop. The outside chicken run shall be enclosed in such a manner as to securely contain the fowl.

The Township may promulgate additional regulations relating to the confinement of fowl and small animals by resolution.

Feed. Fowl and small animals shall be provided with access to feed and clean water at all times. All feed, water, and other such items associated with the keeping of fowl and small animals shall be properly stored in a clean and sanitary manner so as to prevent the infestation of insects, rats, mice, or other rodents or vermin.

Waste storing and removal. Every keeper of any fowl and small animals shall cause the litter and droppings therefrom to be collected daily in a container or receptacle that when closed shall be rat-proof and flytight, and after every such collection shall cause such container or receptacle to be kept closed. At least once a week, every such keeper shall cause all litter and droppings so collected to be disposed of in such manner as not to permit the presence of fly larvae.

Permits and fees.

The Township may, by resolution, require that any person wishing to own, keep, or harbor any fowl or small animals within the Township first obtain a permit from the Township Zoning Officer. An application for a permit shall be made in writing and on such forms or in such format as established by the Township, and shall be accompanied by the prescribed permit fee in the amount established from time to time by resolution of Township Board of Supervisors.

Keeping of horses, cows, pigs, hogs, goats, sheep or similar animals on tracts of land less than 10 acres. The keeping of cows, horses, pigs, hogs, sheep, goats [excluding billy goats (bucks)] or similar animals shall be allowed by right in all zoning districts provided the following conditions are met:

Billy goats (bucks) are prohibited on tracts of land less than 10 acres in size.

A minimum tract area of two acres shall be required to keep one cow, pig, hog or similar animals commonly associated as livestock (excluding horses, sheep and goats). One additional animal may be kept for each acre of lot area in excess of two acres.

A minimum tract area of one acre shall be required to keep one horse, donkey, mule, llama or alpaca. One additional animal may be kept for each acre of lot area in excess of one acre.

A minimum tract area of one acre shall be required to keep two sheep, goats [excluding billy goats (bucks)] or similar sized animals. One additional animal of such size may be kept for each acre of lot area in excess of one acre.

All animals must be entirely enclosed by a fence not closer than 25 feet to any property or street boundary.

All buildings housing the animals must be at least 25 feet from a property or street boundary.

Feed. Animals shall be provided with access to feed and clean water at all times. All feed, water, and other such items associated with the keeping of animals shall be properly stored in a clean and sanitary manner so as to prevent the infestation of insects, rats, mice, or other rodents or vermin.

Waste storing and removal. Every keeper of animals shall cause the litter and droppings therefrom to be collected daily in a container or receptacle that when closed shall be rat-proof and flytight, and after every such collection shall cause such container or receptacle to be kept closed. At least once a week, every such keeper shall cause all litter and droppings so collected to be disposed of in such manner as not to permit the presence of fly larvae.

Permits.

The Township may, by resolution, require that any person wishing to own, keep, or harbor any cows, horses, pigs, hogs, sheep, goats or similar animals within the Township first obtain a permit from the Township Zoning Officer. An application for a permit shall be made in writing and on such forms or in such format as established by the Township, and shall be accompanied by the prescribed permit fee in the amount established from time to time by resolution of Township Board of Supervisors.

§ 240-55 Communications facilities.

Express standards and criteria for considering conditional use approval for communications facilities shall be as follows:

Proposed communications facilities, including towers and antenna additions to existing structures and buildings, shall be located only in the R-1, C-1, I-1, I-2, and SD zoning districts. Proposed new communications towers and communications facilities must gain approval by conditional use from the Board of Supervisors of Cecil Township. As part of the conditional use application, the applicant shall provide notification by certified mail of the intent to seek such approval. This notification shall be provided to all property owners within 300 feet of the property lines of the parcel on which the facility is to be located. Proposed antenna additions, collocations, additions of electronic equipment buildings to existing buildings, structures, or additions of communications antenna to existing buildings or structures do not require conditional use approval; however, they must comply with the following requirements:

[Amended 7-5-2016 by Ord. No. 4-2016]

Communications antennas shall not be located on any single-family dwelling or two-family dwelling or any accessory structure thereof.

Historic buildings. No communications antenna may be located on a building or structure that is listed on either the National or Pennsylvania Registers of Historic Places, or is eligible to be so listed, or is listed on the official historic structures and/or historic districts list maintained by the Township, or has been designated by the Township to be of historical significance.

Radio frequency emissions. No communications antenna may, by itself or in conjunction with other antennas, generate radio frequency emissions in excess of the standards and regulations of the FCC, including, but not limited to, the FCC Office of Engineering Technology Bulletin 65 entitled "Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields," as amended.

Permits required. Any applicant proposing the construction of a new communications antenna, or the modification of an existing communications antenna, shall first obtain a permit from the Township Zoning Office. New construction and modifications shall be prohibited without a zoning permit and building permit, as required. After receipt of the permit application, the Town Zoning Officer shall determine whether zoning relief is necessary under this chapter.

Timing of approval. Within 30 calendar days of the date that an application for a communications antenna is filed with the Township, the Township shall notify the applicant in writing of any information that may be required to complete such application. Within 90 calendar days of receipt of a complete application, the Township shall make its final decision on whether to approve the application and shall advise the applicant in writing of such decision. If additional information was requested by the Township to complete an application, the time required by the applicant to provide the information shall not be counted toward the Township's ninety-day review period.

Communications antennas shall be the minimum height necessary to function effectively, but shall not exceed the height limitations of the applicable zoning district by more than 20 feet.

Omnidirectional or whip communications antennas shall be the minimum height necessary to function effectively, but shall not exceed 20 feet in height and seven inches in diameter.

Directional or panel communications antennas shall be the minimum height necessary to function effectively, but shall not exceed five feet in height and three feet in width.

Satellite and microwave dish communications antennas mounted on the roof of a building or on a communications tower shall not exceed two feet in diameter.

Communications antennas shall be fully automated and unattended on a daily basis and shall be visited only for maintenance or emergency repair.

Any applicant proposing a communications antenna to be mounted on a building or other structure shall submit verified drawing(s) from a Pennsylvania registered professional engineer certifying and attesting that the proposed installation will not exceed the structural capacity of the building or other structure, considering wind and other loads associated with the antenna location.

Any applicant proposing a communications antenna to be mounted on a building or other structure shall submit detailed construction and elevation drawings indicating how the antenna will be mounted on the structure for review by the Township Engineer.

(13)

Any applicant proposing a communications antenna to be mounted on a building or other structure shall submit credible evidence of agreements and/or easements necessary to provide access to the building or structure on which the communications antenna is to be mounted so that installation and maintenance of the communications antennas and communications equipment building can be accomplished.

(14)

Communications antennas shall comply with all applicable standards established by the Federal Communications Commission governing human exposure to electromagnetic radiation.

(15)

Communications antennas shall not cause radio, TV or other wireless frequency interference with other communications facilities.

(16)

All communications equipment buildings shall comply with the height and setback requirements of the applicable zoning district for an accessory structure.

(17)

Communications antennas shall be context-sensitive, employ stealth technology and be treated to match any supporting structure, when applicable, in order to minimize aesthetic impact. For communications antennas mounted on an existing building or tower, the tower and antenna must be of a color that is identical to, or closely compatible with, the color of the building or tower so as to make them as visually unobtrusive as reasonably possible. Supporting electrical and mechanical equipment shall be screened from view or camouflaged. The application of such treatments shall be subject to the approval of the Township.

(18)

The owner and/or operator of the communications antenna shall provide the Township with written notice of the date it has ceased to use a communications antenna within five days of not using the communications antenna. Approval will automatically lapse if the communications antenna is not used for six continuous months. In such cases, all portions of the communications antenna shall be removed by the party responsible for erecting the antenna with costs of removal born by that party. If the communications antenna or accessory facility is not removed within six months of the cessation of operations at a site, or within any longer period approved by the Township, the communications antenna and/or associated facilities and equipment may be removed by the Township and the cost of removal assessed against the owner and/or operator of the communications antenna.

(19)

Proposed antenna additions, collocations, additions of electronic equipment buildings to existing buildings, structures, or additions of communications antenna to existing buildings shall also comply with § 240-55C, (FCC licensing), D (safety standards and electromagnetic field limits), E (FAA regulations), F (design), O (lighting) and P (facilities) of this chapter.

Any applicant proposing a new communications tower shall demonstrate that efforts have been made to obtain permission to mount an antenna or antennas on an existing building, public utility transmission structure, or communications tower rather than erect a separate tower. The applicant shall contact, by certified mail, all owners of potentially suitable structures within a one-quarter-mile radius of the proposed site. If utilization of an existing structure is not an option, the applicant shall provide written proof to this effect which shows that one of the following situations exists:

The proposed equipment would exceed the structural capacity of the existing building, public utility transmission or storage structure, or communications tower, and reinforcement of the existing structure cannot be accomplished.

The proposed equipment would cause RF (radio frequency) interference with other existing or proposed equipment for that existing structure, and the interference cannot be prevented.

Existing buildings, public utility transmission structures, or communications towers do not have adequate space, access or height to accommodate the proposed equipment.

Addition of the proposed equipment would result in NIER (nonionizing electromagnetic radiation) levels which exceed adopted federal or state emissions standards.

A reasonable business arrangement cannot be achieved.

The applicant shall demonstrate that it is licensed by the Federal Communications Commission (FCC) to operate a communications facility. At any time during the calendar year that an amendment to the FCC license is issued, a copy of the amended license shall be submitted to Cecil Township within 30 days of issuance.

Proof shall be provided that the proposed communications facility complies with safety standards and electromagnetic field limits established by the Federal Communications Commission (FCC). In the event that the FCC imposes more stringent standards at a later date, those standards shall apply.

Proof shall be provided that the communications facility has been reviewed and has not been determined to be a hazard by the Federal Aviation Administration (FAA). The communications tower shall meet all FAA regulations and any airport zoning regulations.

The applicant shall submit evidence that the tower or an antenna addition to an existing tower or structure and its method of installation has been designed by a civil or structural engineer registered in the Commonwealth of Pennsylvania and is certified by that engineer to be structurally sound and able to withstand wind and other loads in accordance with applicable building codes.

The owner of any communications tower shall be required to conduct periodic inspections of the tower to ensure structural integrity. Such inspections will be required as follows:

Monopole towers - at least once every 10 years.

Self-Supporting towers - at least once every five years.

Guyed towers - at least once every three years. Inspections shall be conducted by an engineer licensed by the Commonwealth of Pennsylvania. The cost of the inspection shall be borne by the tower owner. The result of the inspection shall be provided to the Township. Based upon the results of the inspection, the Township may require repair or removal of the communications tower.

Adequate access by means of a public street or an access easement to a public street shall be provided to facilitate periodic visits by maintenance workers. Said access drive shall be composed of an all-weather dustproof surface.

Setbacks.

[Amended 7-5-2016 by Ord. No. 4-2016; 9-6-2016 by Ord. No. 10-2016]

R-1 District.

For a communication facility located, completely or partially, in an R-1 District, the distance between the closest leg of the communication tower and any property line shall at least equal 150% of the height of the communications tower or 500 feet from any residential dwelling in existence at the time of the conditional use application, whichever is greater.

[Amended 12-3-2018 by Ord. No. 1-2018]

The 500-feet-from-any-existing-residential-dwelling setback requirement set forth above may be waived by the owner of the impacted residential dwelling. The applicant bears the burden of proof in establishing that the owner knowingly, willingly and intentionally waived the above-described setback. For purposes of this Subsection I only, any owner may revoke their consent prior to the Township's decision on the conditional use application.

If the communications facility is erected on a leased parcel taken from a parent tract, the 150%-of-the-height-of-the-communication-tower-from-any-property-line setback requirement set forth above is measured to the property line of the parent tract.

All other permitted zoning districts.

In all other Zoning Districts in which communications facilities are permitted as a conditional use or otherwise, the distance between the closest leg of the communication tower and any property line shall at least equal the height of the tower.

[Amended 12-3-2018 by Ord. No. 1-2018]

If the communications facility is erected on a leased parcel taken from a parent tract, this distance is measured to the property line of the parent tract.

Schools.

In addition to the requirements set forth above, in any zoning district where communications facilities are permitted as a conditional use or otherwise, the distance from the closest leg of the communication tower and the property line of any primary or secondary school or trade or business school shall at least equal 150% of the height of the communications tower or 500 feet from any primary or secondary school or trade or business school building in existence at the time of the conditional use application, whichever is greater.

[Amended 12-3-2018 by Ord. No. 1-2018]

If the communications facility is erected on a leased parcel taken from a parent tract, this distance is measured to the property line of the parent tract.

In addition to the above requirements, an accessory structure erected in connection with the communications facility shall meet ordinance setback requirements for the district in which it is located.

The maximum height of any monopole communications tower shall be 100 feet. The height of any guyed or self-supporting communications tower may not exceed 200 feet.

The applicant shall demonstrate that the proposed height of the communications facility is the minimum height necessary to function effectively.

For communications facilities other than those added to existing structures or buildings, enclosure by a chain-link or similar fence eight feet in height shall be required around the perimeter of communications facility's improvements and facilities erected to maintain the communications facility, excluding the access road (e.g., the communication facility's pad). Said fence shall have a self-latching gate to limit accessibility to the general public. Said fence shall be context-sensitive, employ stealth technology and be treated to match the surrounding natural landscape to minimize aesthetic impact.

[Amended 7-5-2016 by Ord. No. 4-2016]

All guy wires and all guyed towers shall be clearly marked so as to be visible at all times. All guy wires shall be a minimum of five feet from any property line.

Landscaping shall be installed and maintained by the owner of any communications tower as necessary for proper screening of associated equipment storage or maintenance buildings. The Planning Commission will determine the extent of screening during site plan approval.

All lighting, other than that required by the Federal Aviation Administration (FAA), shall be shielded and reflected away from adjoining properties.

The facilities which are erected to maintain a communications facility may not include offices, long-term vehicle storage, other outdoor storage, broadcast studios, or other uses that are not needed to send or receive signals, unless such facilities are permitted by right in the zoning district.

In January of each year, the owner of a communications tower shall submit written verification to the Township Building Inspector that there have been no changes in the operating characteristics of the communications tower as stated at time of approval of the use by conditional use, including, at a minimum:

Copy of the current FCC license;

Name, address and emergency telephone number for the operator of the communications tower;

Copy of certificate of insurance at a level of coverage acceptable to the Municipal Solicitor, with Cecil Township added as a named insured on the policy.

All conditional uses approved under this section will automatically lapse if the communications facility is not used for six continuous months. In such case, all portions of the communications facility will be removed by the party responsible for erecting the facility, with costs of removal to be borne by that party.

Communications towers shall be context-sensitive, employ stealth technology and be treated to match any supporting structure and the surrounding environment, when applicable, in order to minimize aesthetic impact.

[Added 7-5-2016 by Ord. No. 4-2016]

Upon completion of the communications facility and prior to the use of the communications facility, the owner shall: 1) submit in a form acceptable to the Township as-built plans to the Township; and 2) submit a certification in a form acceptable to the Township as to the height of the communications tower to the Township.

[Added 7-5-2016 by Ord. No. 4-2016]

§ 240-56 Adult businesses.

Express standards and criteria for considering conditional use approval for adult businesses shall be as follows:

Adult businesses, as defined in Article II of this chapter, may be permitted, after conditional use review by the Township Board of Supervisors, only on land designated with an I-1 (Light Industrial) or I-2 (Heavy Industrial) zoning classification.

Adult businesses shall not be located within 500 feet of the property boundary within which is located an existing public or private pre-elementary, elementary, middle, secondary or high school; church, day-care center, library, hospital, group care facility, personal-care boarding home, public park or playground; other existing or proposed adult business, or any establishment which is licensed to serve and/or sell alcoholic beverages. No more than one adult business may be located in the same building, structure or portion thereof.

Adult businesses shall not be located within 500 feet of any property which is residentially zoned or which contains a residential use.

Distances indicated in Subsections B and C above shall be measured in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as a part of the premises where an adult business is conducted to the nearest property line of the premises of the several uses or zoning districts specified in those subsections.

An adult business lawfully operating as a conforming use is not rendered a nonconforming use by the location, subsequent to the grant or renewal of the adult business permit, of a church, public or private pre-elementary, elementary, middle, secondary, or high school; day-care center, library, hospital, group care facility, personal-care boarding home, public park or playground; or residential use within 500 feet of the adult business. This provision applies only to the renewal of a valid permit and does not apply when an application for a permit is submitted after a permit has expired or has been revoked.

An application for a permit to operate an adult business must be made on a form provided by the Zoning Officer of Cecil Township before the establishment is open for business. The application must be accompanied by a site plan of the premises, a diagram showing the configuration of the interior floor area, drawn to scale, and narrative statements detailing the adult business licensing history of the applicant for the five years immediately preceding the date of application, and an indication of whether or not the applicant has been convicted of criminal activity. The applicant shall provide all such information as requested by the Township (including fingerprints and photographs) as to enable the Township to determine whether the applicant meets qualifications set forth in this section.

Applicants proposing to operate an adult business shall pay to the Township an application/investigation fee of $250 plus, where applicable, an additional $200 for each officer of the corporation or each member of the partnership proposing establishment of the business. The fees will enable the Cecil Township Police Department to verify the substance of the narrative statements of all parties signing an application for an adult business. If an applicant who wishes to operate an adult business is an individual, he/she must sign the application for a permit as applicant. If the applicant is other than an individual, each individual who has a ten-percent-or-greater interest in the business must sign the application for a permit as applicant. If a corporation or partnership is listed as the entity wishing to operate an adult business, each individual having a direct or indirect interest of 10% or greater in the corporation or partnership must sign the application for permit as applicant.

The Township Zoning Officer shall approve the issuance of a permit to an applicant within 30 days after receipt of an application, unless it is found that one of more of the following is true:

An applicant is under 18 years of age.

An applicant has failed to provide information reasonably necessary for issuance of the permit or has falsely answered a question or request for information on the application form.

An applicant is residing with a person who has been denied a permit by the Township to operate an adult business or residing with a person whose license to operate an adult business has been revoked by the Township.

The premises to be used for the adult business has been reviewed and disapproved by either the Zoning Officer or the Building Inspector as not being in compliance with applicable laws and ordinances.

The permit fee required by this chapter has not been paid.

An individual applicant or any individual holding a direct or indirect interest of more than 10% of a corporate applicant, or any of the officers and directors of a corporate applicant, if the applicant is a corporation; or any of the partners, including limited partners, if the applicant is a partnership; or the manager or other person in charge of the operation of the applicant's business has or have been convicted of an offense involving prostitution or promotion of prostitution; sale, distribution or display of harmful material to a minor; possession or distribution of child pornography; public indecency; engagement in organized criminal activity; sexual assault; gambling; or possession or distribution of a controlled substance. In order for approval to be denied pursuant to this subsection, the person's or persons' conviction or release in connection with the offense must have occurred within two years of the date of application in the event of a misdemeanor and within five years of the date of application in the event of a felony.

The applicant has not applied for and obtained conditional use approval from the Cecil Township Board of Supervisors.

An applicant shall permit the Zoning Officer, representatives of the Police and Fire Departments or other Township officials to inspect the premises of an adult business for the purpose of ensuring compliance with Township codes at any time that the business is occupied or open for business. Failure to permit such a lawful inspection will be deemed a violation of this chapter.

An adult business shall be initially granted permit approval when it has met the requirements of this section. The permit shall be valid through December 31 of the year in which the permit is initially issued. For each year thereafter that the applicant intends to operate, the owner or operator shall seek renewal of the license. The application for renewal shall be submitted to the Zoning Officer by November 1 of the year prior to the year for which the permit is sought. When application is made after November 1, the pending application will not prevent the expiration of the permit. The lack of a permit or failure to renew such permit in a timely manner shall be grounds for the Township to deny or revoke an occupancy permit for the adult business.

If the Township Zoning Officer denies the renewal of a permit, the applicant shall not be issued a permit for one year from the date of denial; however, after 90 days have elapsed since the date of denial, the Zoning Officer may grant a permit if it is found that the basis for denial of the renewal permit has been abated or corrected.

The Zoning Officer shall suspend a permit for a period not to exceed 30 days if it is determined that an applicant or employee of an applicant has:

Violated or is not in compliance with any section of this chapter.

Engaged in excessive use of alcoholic beverages while on the premises of the adult business.

Refused to allow an inspection of the adult business premises as authorized by this chapter.

Knowingly permitted gambling by any person on the adult business premises.

Failed to man managers' stations and/or viewing rooms as set forth in Subsection O(3)below.

The Zoning Officer shall revoke a permit if a cause of suspension set forth in Subsection L above occurs and the permit has been suspended within the prior 12 months. Revocation shall also result if any of the following has been determined:

The applicant, or any of the persons specified in Subsection H(6) above is or has been convicted of the offenses specified in Subsection H(6).

An applicant gave false or misleading information in the material submitted to the Township during the application process.

An applicant or an employee of the applicant has knowingly allowed possession, use or sale of controlled substances on the premises.

An applicant or an employee of an applicant has knowingly allowed prostitution, sexual intercourse, sodomy, oral copulation, masturbation or other explicit sexual conduct to occur on the premises.

An applicant or an employee of an applicant knowingly operated the adult business during a period of time when the applicant's permit was suspended.

When the Zoning Officer revokes an adult business permit, the revocation shall be effective for one year, and the applicant shall not be issued an adult business permit for one year from the date the revocation became effective, except that if the revocation is pursuant to Subsection M(1) above the revocation shall be effective for two years in the event of a misdemeanor or five years in the case of a felony. After denial of an application, or denial of a renewal of an application, or suspension or revocation of a permit, the applicant shall have the right to appeal said action and to seek prompt judicial review of such administrative action in any court of competent jurisdiction.

An applicant who operates or causes to be operated an adult business which exhibits on the premises, in a viewing room of less than 150 square feet of floor space, a film, videocassette, or other image production or reproduction which depicts nudity or sexual conduct, as defined herein, shall comply with the following requirements:

The application for a permit to operate an adult business shall be accompanied by a floor plan diagram of the premises specifying the location of one or more managers' stations, the location of all viewing rooms, partitions and doors, the location of all overhead lighting fixtures, and designating any portion of the premises in which patrons will not be permitted. The plan shall be drawn to a designated scale or with marked dimensions sufficient to show the various internal dimensions of all areas to an accuracy of plus or minus six inches. The Zoning Officer may waive such a plan for renewal applications if the applicant certifies that the interior spaces represented by the floor plan previously submitted have not been altered.

No alteration in the configuration or location of a manager's station may be made without the prior approval of the Township.

At least one employee shall be on duty and situated in each manager's station at all times that any patron is present inside the premises.

The interior of the premises shall be configured in such a manner that there is an unobstructed view from a manager's station to every area of the premises to which any patron is permitted access for any purpose, excluding restrooms. Restrooms shall not contain video reproduction or viewing equipment. If the premises has two or more designated managers' stations, the interior of the premises shall be configured in such a manner that there is an unobstructed view from at least one of the manager's stations of each area of the premises to which any patron is permitted access for any purpose, excluding restrooms. The view required by this subsection must be by direct line of sight from the manager's station.

It shall be the duty of the owners and operators, and it shall also be the duty of any agents and employees present on the premises, to ensure that the view area specified in Subsection O(4) above remains unobstructed by any doors, walls, merchandise, display racks, or other materials at all times and to ensure that no patron is permitted access to any area of the premises which has been designated as an area in which patrons will not be permitted.

No viewing room may be occupied by more than one person at any time. No connections or openings to an adjoining room, except for the entrance, shall be permitted.

The premises shall be equipped with overhead lighting fixtures of sufficient intensity, at an illumination of not less than three footcandles, measured at the floor level, to illuminate every place to which patrons are permitted access.

It shall be the duty of the owners and operators, and it shall also be the duty of any agents and employees present on the premises, to ensure that the illumination described above is maintained at all times that any patron is present on the premises.

Any party having a duty under Subsection O(1) through (8) above shall be considered in violation of this chapter if he/she knowingly fails to fulfill that duty.

An applicant shall not transfer his/her permit to another person. An applicant shall not operate an adult business under the authority of a permit at any place other than the address designated in the application.

No adult business may expose, place, post, exhibit or in any other fashion display in any location, whether public or private, lewd material as described herein in such a manner that it may be readily seen and its contents or character distinguished by viewing it in or from a public place or vehicle.

§ 240-57 Heliports.

Express standards and criteria for considering conditional use approval for a heliport shall be as follows:

Heliports, as defined in Article II of this chapter, may be permitted after conditional use review by the Township Board of Supervisors only on land designated with an SD (Special Development) zoning classification. This subsection shall not apply to life flights or other cases of medical or police emergency.

The application for conditional use shall include the following documentation:

A survey showing that the heliport is to be located at least 300 feet from any lot line and 500 feet from any principal structure.

An engineering study showing the minimization of detrimental impact on the essential character of the neighborhood caused by the heliport and related activities. The Township will specifically consider the following in this respect:

Screening or other landscaping around the heliport.

The type of helicopter to be used at the heliport and attendant noise levels generated thereby, especially for anticipated readings above 50 decibels, measured at the property lines of the land on which the heliport is located.

Proposed flight paths to be used by the operator, especially during takeoffs and landings.

The effect on property values.

The location of the heliport, both on the property itself and in relation to surrounding properties.

Any anticipated downdrafts or other air displacements generated by craft using the heliport.

Compliance with all applicable federal and state laws regulating helicopters and heliports, including, but not limited to, approval of flight paths and approach patterns by the aviation departments of the Pennsylvania Department of Transportation and the Federal Aviation Administration (FAA).

Compliance with all Township ordinances and a certification that the property where the heliport is proposed does not contain a deed restriction or land covenant that would preclude the installation of a heliport or the landing of a helicopter.

A report from a reputable acoustic or aviation consultant showing the computer prediction model developed by the FAA, referred to in 14 CFR 150.103.

Proof of holding of helicopter liability insurance in an amount not less than $5,000,000 for any one accident or occurrence.

An application for a heliport or helipad on a roof shall be accompanied by certification by a registered engineer that the loads imposed by the helicopter will be supported by the structure.

Heliports shall further be subject to the following additional conditions:

The minimum site size for a heliport or helipad shall be 15 acres.

No more than two takeoffs and two landings may occur at a heliport in any one day.

No takeoffs or landings may occur between the hours of 7:00 p.m. and 9:00 a.m.

The heliport or helipad shall be at least 60 feet square or a circle with a sixty-foot diameter.

The heliport or helipad shall be clearly marked with the insignia commonly recognized to indicate a helipad.

The heliport or helipad landing pad shall be paved, level and maintained dirt-free. Rooftop pads shall be free of all loose stone and aggregate.

The fence enclosing the heliport or helipad must be secured at all times to preclude access by the general public, and at least five parking spaces shall be established outside of the fenced area.

At least two approach lanes to each heliport shall be maintained free of obstructions and shall be provided in accordance with the guidelines and requirements of the PennDOT Bureau of Aviation and the FAA.

Required approach lanes shall not be permitted over churches, schools, hospitals, nursing homes, stadiums, schools or Township parks or athletic facilities, or other places of public assembly, nor over private residences during descent from a minimum cruising altitude of 1,000 feet or ascent to such minimum cruising altitude of 1,000 feet.

Clear areas for emergency landings of the helicopter in the event of mechanical failure shall be available. These emergency landing areas shall be located within the normal glide range of the helicopter with one engine off when operating within the approved takeoff or landing lane from the heliport or helipad.

Lighting shall be shielded away from abutting residential properties.

Maintenance of aircraft shall be prohibited, except for maintenance of an emergency nature.

(13)

There shall be no storage of fuel at the heliport or helipad.

(14)

There shall be no basing or overnight parking of aircraft at any heliport or helipad.

If after approval of the conditional use by the Township of Cecil the use of the heliport or the heliport itself ceases to comply with any of the foregoing requirements of Subsections B and C. the conditional use shall be deemed to have immediately and automatically expired and be of no further effect. This stipulation shall be considered part of any approval granted or deemed to be granted by the Township, whether or not expressly set forth therein.

§ 240-58 Traffic impact studies.

Where deemed necessary by the Township, a traffic impact study shall be performed as part of an application for development. A scope of work for the study shall be submitted for Township approval. The study shall be performed by a qualified professional traffic engineer. The following outline of issues to be addressed by the study is provided:

Description of the proposed project in terms of land use type and magnitude.

An inventory of existing conditions in the site environs, including:

Roadway network and traffic control.

Existing traffic volumes in terms of peak hours and average daily traffic (ADT).

Planned improvements to roadways by others.

An analysis of existing traffic conditions, including:

Intersection levels of service.

Roadway levels of service (where appropriate).

Other measures of roadway adequacy; i.e., lane widths, traffic signal warrants, vehicle delay studies, etc.

Projected site-generated traffic volumes in terms of:

Peak hours and ADT.

Approach/departure distribution, including method of determination.

Site traffic volumes on roadways.

Comparison of existing zoning to proposed site generation.

An analysis of future traffic conditions, including:

Future design year (development fully completed) combined volumes (site traffic plus future roadway traffic).

Intersection levels of service.

Roadway levels of service (where appropriate).

Other measures of roadway adequacy; i.e., lane widths, traffic signal warrants, vehicle delay studies, etc.

A description of the recommended access plan and off-site improvements, including:

Schematic plan of access and on-site circulation.

General description of off-site improvements required.

§ 240-59 Bed-and-breakfast establishments.

Bed-and-breakfast establishments shall be considered special exceptions within the R-1 Zoning District and, where permitted, shall only be located within and accessory to an owner-occupied single-family home. Bed-and-breakfast establishments shall be bound by the standards below as well as the applicable requirements of the zoning district in which they are located, along with any additional conditions established by the Zoning Hearing Board after a public hearing.

Procedural standards.

Operation of a bed-and-breakfast establishment shall not commence until approval has been granted by the Zoning Hearing Board.

No party shall operate a bed-and-breakfast establishment unless the establishment has in place panic and fire safety precautions as deemed satisfactory by the Zoning Hearing Board and complies with any and all applicable regulatory agency requirements.

No ancillary use inconsistent with the description of a bed-and-breakfast establishment shall be operated in connection with an approved bed-and-breakfast establishment. Examples of such ancillary uses include, but are not limited to:

Operation of a commercial restaurant; (food service is permitted to overnight guests only)

Sales of items to the general public;

Procurement of an alcoholic beverage sales permit;

Provision of recreation or conference facilities to other than guests;

Operation of services such as beauty and barber shops, on-site dry cleaning or laundry services, and gift shops.

The location of a bed-and-breakfast establishment in a residential district shall not be considered a precedent for the granting of any conditional use, variance or other special exception that would allow other commercial and industrial development in the same district. Operation of a bed-and-breakfast establishment is not to be considered, classified or permitted as a home occupation.

Development standards.

A bed-and-breakfast establishment shall include no more than eight guest rooms for rent.

Accommodations shall not be provided to a particular guest for more than 30 consecutive days.

Parking areas in residential districts must be so designated and maintained so as not to alter the existing character of the district. All parking shall be screened from view from adjacent residential uses according to a landscaping plan conforming to the requirements of this chapter, said plan to be required by the Zoning Hearing Board as a condition of approval.

Parking lot illumination, if proposed, must not result in a detrimental condition to any adjacent residential property boundary. A parking lot lighting plan indicating illumination at the property lines must be submitted as part of the application to be heard by the Zoning Hearing Board. Parking lot lighting must be of a down-directed variety (such as shoebox fixtures), the standards for which may not exceed a height of 18 feet, and must be of an architectural style specifically approved by the Zoning Hearing Board.

Signage for bed-and-breakfast establishments shall be limited to the display of one nonilluminated sign per street frontage, limited to a size of no more than nine square feet.

§ 240-59.1 Distributed antenna systems (DAS) and data collection units (DCU).

[Added 6-6-2016 by Ord. No. 3-2016]

Distributed antenna systems (DAS) and data collection units (DCU) governed by this § 240-59.1 must be located completely within a public right-of-way, an arterial street or a collector street, as determined by the Township. All other DAS and DCU shall be deemed communications facilities and governed by § 240-55. Express standards and criteria for considering approval for distributed antenna systems (DAS) and data collection units (DCU) shall be as follows:

Tower-based DAS and DCU inside the rights-of-way.

General regulations.

Standard of care. Any tower-based DAS and DCU shall be designed, constructed, operated, maintained, repaired, modified and removed in strict compliance with all current applicable technical, safety, and safety-related codes including, but not limited to, the most recent editions of the American National Standards Institute (ANSI) Code, National Electrical Safety Code, National Electrical Code, as well as the accepted and responsible workmanlike industry practices of the National Association of Tower Erectors. Any tower-based DAS and DCU shall at all times be kept and maintained in good condition, order and repair by qualified maintenance and construction personnel, so that the same shall not endanger the life of any person or any property in the Township.

Wind. Any tower-based DAS and DCU structures shall be designed to withstand the effects of wind according to the standard designed by the ANSI as prepared by the engineering departments of the Electronics Industry Association, and Telecommunications Industry (ANSFEINTIA-222-E Code, as amended) and/or the Institute of Electrical and Electronics Engineers (IEEE) in the National Electric Safety Code, as selected by the Township.

Height. Any tower-based DAS and DCU shall be designed at the minimum functional height and shall not exceed a maximum total height of 40 feet when located within the right-of-way, which height shall include all subsequent additions or alterations. Height shall be measured from the average natural grade to the top point of the communications tower or antenna, whichever is greater. All tower-based DAS and DCU applicants must submit documentation to the Township justifying the total height of the structure.

Public safety communications. No tower-based DAS and DCU shall interfere with public safety communications or the reception of broadband, television, radio or other communication services enjoyed by occupants of nearby properties.

Maintenance. The following maintenance requirements shall apply:

Any tower-based DAS and DCU shall be fully automated and unattended on a daily basis and shall be visited only for maintenance or emergency repair, except as permitted and in accordance with this policy.

Such maintenance shall be performed to ensure the upkeep of the facility in order to promote the safety and security of the Township's residents.

All maintenance and activities shall utilize the best available technology for preventing failures and accidents.

Radio frequency emissions. No tower-based DAS and DCU may, by itself or in conjunction with other communications facilities, generate radio frequency emissions in excess of (or out of compliance with) the standards and regulations of the Federal Communications Commission (FCC) including, but not limited to, the FCC Office of Engineering Technology Bulletin 65 entitled "Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields," as amended. The applicant shall provide, upon request, a statement from a qualified licensed and professional registered engineer that the non-ionizing electromagnetic radiation (NIER) emitted from the tower-based DAS and DCU, when measured in conjunction with the emissions from all communications antenna on the tower, does not result in an exposure at any point on or outside such facility which exceeds the lowest applicable exposure standards established by the FCC or the ANSI.

Historic buildings or districts. No tower-based DAS and DCU may be located on or within 200 feet of a site that is listed on an historic register, a site listed for inclusion on the historic register, or in an officially designated state or federal historic district.

Identification. All tower-based DAS and DCU shall post a notice in a readily visible location identifying the name and phone number of a party to contact in the event of an emergency, subject to approval by the Township. The notice shall not exceed two square feet in gross surface area and shall maintain the contact party.

(i)

Lighting. Tower-based DAS and DCU shall not be artificially lighted, except as required by the Federal Aviation Administration and as may be approved by the Township. If lighting is required, the applicant shall provide a detailed plan for sufficient lighting, demonstrating as unobtrusive and inoffensive an effect as is permissible under state and federal regulations. No flag shall be located on the structure that requires lighting.

(j)

Noise. Tower-based DAS and DCU shall be operated and maintained so as not to produce noise in excess of applicable noise standards under state law and applicable Township Code of Ordinances, except in emergency situations requiring the use of a backup generator, where such noise standards may be exceeded on a temporary basis only.

(k)

Aviation safety. Tower-based DAS and DCU shall comply with all federal and state laws and regulations concerning aviation safety.

(l)

Retention of experts. The Township may hire any consultant(s) and/or expert(s) necessary to assist the Township in reviewing and evaluating the application for approval of the tower-based DAS and DCU and, once approved, in reviewing and evaluating any potential violations of the terms and conditions of this Article. The applicant and/or owner of the DAS and DCU shall reimburse the Township for all costs of the Township's consultant(s) in providing expert evaluation and consultation in connection with these activities.

(m)

Removal. In the event that use of a tower-based DAS and/or DCU is planned to be discontinued, the owner shall provide written notice to the Township of its intent to discontinue use and the date when the use shall be discontinued. In the event that a tower-based DAS and/or DCU is not used for six continuous months, it shall be deemed to be abandoned. The owner and/or operator of the tower-based DAS and/or DCU shall provide the Township with written notice of the date it has ceased to use a tower-based DAS and/or DCU and when or if the operations will be reinstated within five days of not operating the tower-based DAS and/or DCU for a period of 30 consecutive days. Unused or abandoned DAS and DCU or portions of DAS and DCU shall be removed as follows:

All unused or abandoned tower-based DAS and DCU and accessory facilities shall be removed within six months of the cessation of operations at the site unless a time extension is approved by the Township.

If the DAS and/or DCU and/or accessory facility is not removed within six months of the cessation of operations at a site, or within any longer period approved by the Township, the DAS and DCU and accessory facilities and equipment may be removed by the Township and the cost of removal assessed against the owner of the DAS and/or DCU.

Any unused portions of tower-based DAS and DCU, including antennas, shall be removed within six months of the time of cessation of operations. The Township must approve all replacements of portions of a tower-based DAS and/or DCU previously removed.

(n)

Application fees. The Township may assess appropriate and reasonable application fees directly related to the Township's actual costs in reviewing and processing the application for approval of a tower-based DAS and/or DCU, as well as related inspection, monitoring and related costs.

Additional regulations.

No tower-based DAS and DCU shall be located in areas where utility infrastructure is installed underground. Tower-based DAS and DCU shall not be located in the front facade area of the following uses: single-family detached, single-family semidetached, quad dwellings, two-family dwelling, townhouse or row dwelling.

In areas not served by aboveground utility infrastructure, tower-based DAS and DCU may be constructed at intersections of arterial and arterial street classifications and arterial and collector street classifications to provide coverage and capacity.

Evidence of need. It is required that the applicant for the placement of a tower-based DAS and DCU shall submit to the Township evidence of the need for the tower-based DAS and DCU in the proposed location and that the applicant has exhausted all alternatives to locate on an existing tower or structure (co-location). In addition, the applicant must demonstrate via written evidence from a qualified, licensed, professional engineer that, in terms of location and construction, there are no existing towers, tower-based DAS and DCU, buildings, structures, elevated tanks or similar uses able to provide the platform for the antenna within a one-half-mile radius of the chosen location, unless the applicant can demonstrate to the satisfaction of the Township that a different distance is more reasonable.

Notice. Upon receipt of an application for a tower-based DAS and DCU, the applicant shall mail notice thereof to the owner or owners of every property within 300 feet of the parcel or property of the proposed facility. The applicant shall provide the Township with evidence that the notice was mailed out to applicable property owners via certified mail.

Co-location. An application for a new tower-based DAS and DCU in the right-of-way shall not be approved unless the Township finds that the proposed wireless communications equipment cannot be accommodated on an existing structure, such as a utility pole. Any application for approval of a tower-based DAS and DCU shall include a comprehensive inventory of all existing towers and other suitable structures within a one-half-mile radius from the point of the proposed tower, unless the applicant can show to the satisfaction of the Township that a different distance is more reasonable, and shall demonstrate conclusively why an existing tower or other suitable structure cannot be utilized. Co-location shall not be permitted on ornamental street light fixtures.

Time, place, and manner. The Township shall determine the time, place, and manner of construction, maintenance, repair, and/or removal of all tower-based DAS and DCU in the ROW based on public safety, traffic management, physical burden on the ROW, and related considerations. For public utilities, the time, place, and manner requirements shall be consistent with the police powers of the Township and the requirements of the Public Utility Code.

Equipment location. Tower-based DAS and DCU and accessory equipment shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, or to otherwise create safety hazards to pedestrians and/or motorists or to otherwise inconvenience public use of the ROW as determined by the Township. In addition:

In no case shall ground-mounted equipment, walls, or landscaping be located within 18 inches of the face of the curb. In the absence of a curb, facility must be located outside the safe clear zone of the roadway as determined by Public Works Director.

Ground-mounted equipment that cannot be undergrounded shall be screened, to the fullest extent possible, through the use of landscaping or other decorative features to the satisfaction of the Township.

Required electrical meter cabinets shall be screened to blend in with the surrounding area through landscaping or other context-sensitive features to the satisfaction of the Township.

Any graffiti on the tower-based DAS and DCU or any accessory equipment shall be removed at the sole expense of the owner within 10 business days of notice of the existence of the graffiti.

[5]

Any underground vaults related to tower-based DAS and DCU shall be reviewed and approved by the Township.

Design regulations.

The DAS and DCU shall employ the most current stealth technology available in an effort to appropriately blend into the surrounding environment and minimize the aesthetic impact. The application of the stealth technology chosen by the DAS and DCU applicant shall be subject to the approval of the Township.

Any height extensions to an existing tower-based DAS and DCU shall require prior approval of the Township, and shall not increase the overall height of the tower-based DAS and DCU to more than 50 feet. The Township reserves the right to deny such requests based upon aesthetic and land use impact, or any other lawful considerations related to the character of the Township.

Guy wires are not permitted. The monopole must be self-supporting.

Additional antennas. As a condition of approval for all tower-based DAS and DCU in the right-of-way, the DAS and DCU applicant shall provide the Township with a written commitment that it will allow other service providers to co-locate antennas on tower-based DAS and DCU where technically and economically feasible. The owner of a tower-based DAS and DCU shall not install any additional antennas without obtaining the prior written approval of the Township.

(i)

Relocation or removal of facilities. Within 60 days following written notice from the Township, or such longer period as the Township determines is reasonably necessary or such shorter period in the case of an emergency, an owner of a tower-based DAS and DCU in the right-of-way shall, at its own expense, temporarily or permanently remove, relocate, change, or alter the position of any DAS and DCU when the Township, consistent with its police powers and the applicable Public Utility Commission regulations, shall determine that such removal, relocation, change, or alteration is reasonably necessary under the following circumstances:

The construction, repair, maintenance, or installation of any Township or other public improvement in the right-of-way;

The operations of the Township or other governmental entity in the right-of-way;

Vacation of a street or road or the release of a utility easement; or

An emergency as determined by the Township.

(j)

Compensation for ROW use. In addition to the permit fees as described above, every tower-based DAS and DCU in the right-of-way is subject to the Township's right to fix annually a fair and reasonable compensation to be paid for use and occupancy of the right-of-way. Such compensation for right-of-way use shall directly related to the Township's actual right-of-way management costs including, but not limited to, the costs of the administration and performance of all reviewing, inspecting, permitting, supervising, and other right-of-way management activities by the Township. The owner of each tower-based right-of-way shall pay an annual fee to the Township to compensate the Township for the Township's costs incurred in connection with the activities described above. The annual right-of-way management fee for tower-based right-of-way shall be determined by the Township and authorized by resolution of the Board of Supervisors and shall be based on the Township's actual ROW management costs as applied to such tower-based right-of-way.

(k)

Restoration deposit. Prior to the issuance of a permit, the owner of each individual tower-based DAS and DCU shall, at its own cost and expense, deliver a restoration deposit in an amount determined by the Township, or its designee. The return of the deposit shall be contingent upon the proper restoration of the right-of-way and compliance with the terms and conditions of this section. Upon installation of the tower-based DAS and DCU, the applicant shall notify the Township that the site is ready for inspection. The Township or its designee shall inspect the site and, if it is found to be satisfactory, the restoration deposit shall be refunded to the applicant within 30 days. The restoration deposit may be forfeited in whole or in part to the Township if any work is found to be incomplete or not in compliance with all applicable standards.

Non-tower-based DAS and DCU in the rights-of-way. The following regulations shall apply to all non-tower-based wireless communications facilities located in the rights-of-way:

General.

Standard of care. Any non-tower-based DAS and DCU shall be designed, constructed, operated, maintained, repaired, modified, and removed in strict compliance with all current applicable technical, safety, and safety related codes, including but not limited to the most recent editions of the American National Standards Institute (ANSI) Code, National Electrical Safety Code, and National Electrical Code. Any non-tower-based WCF shall at all times be kept and maintained in good condition, order, and repair by qualified maintenance and construction personnel, so that the same shall not endanger the life of any person or any property in the Township.

Wind. Any non-tower-based DAS and DCU structure shall be designed to withstand the effects of wind according to the standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association, and Telecommunications Industry Association (ANSI EIA/TIA-222-G, as amended) and/or the Institute of Electrical and Electronics Engineers (IEEE) in the National Electric Safety Code, as selected by the Township.

Public safety communications. No non-tower-based DAS and DCU shall interfere with public safety communications or the reception of broadband, television, radio, or other communication services enjoyed by occupants of nearby properties.

Aviation safety. Non-tower-based DAS and DCU shall comply with all federal and state laws and regulations concerning aviation safety.

Radio frequency emissions. No non-tower-based DAS and DCU shall, by itself or in conjunction with other communications facilities, generate radio frequency emissions in excess of (or out of compliance with) the standards and regulations of the FCC, including but not limited to the FCC Office of Engineering Technology Bulletin 65 entitled, "Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields," as amended.

Removal. In the event that use of a non-tower-based DAS and/or DCU is planned to be discontinued, the owner shall provide written notice to the Township of its intent to discontinue use and the date when the use shall be discontinued. In the event that a non-tower-based DAS and/or DCU is not used for six continuous months, it shall be deemed to be abandoned. The owner and/or operator of the non-tower-based DAS and/or DCU shall provide the Township with written notice of the date it has ceased to use a non-tower-based DAS and/or DCU and when or if the operations will be reinstated within five days of not operating the non-tower-based DAS and/or DCU for a period of 30 consecutive days. Unused or abandoned DAS and DCU or portions of DAS and DCU shall be removed as follows:

All unused or abandoned non-tower-based DAS and DCU and accessory facilities shall be removed within six months of the cessation of operations at the site unless a time extension is approved by the Township.

If the DAS and/or DCU and/or accessory facility is not removed within six the months of the cessation of operations at a site, or within any longer period approved by the Township, the DAS and DCU and accessory facilities and equipment may be removed by the Township and the cost of removal assessed against the owner of the DAS and/or DCU and the owner shall be subject to the penalties established by this Unified Development Ordinance.

The Township must approve all replacements of portions of a non-tower-based DAS and/or DCU previously removed.

Timing of approval. Within 30 calendar days of the date that an application for a non-tower-based DAS and DCU is filed with the Township, the Township shall notify the applicant in writing of any information that may be required to complete such application. Within 60 calendar days of receipt of a complete application, the Township shall make its final decision on whether to approve the application and shall advise the applicant in writing of such decision. If additional information was requested by the Township to complete an application, the time required by the applicant to provide the information shall not be counted toward the Township's sixty-day review period. This standard shall only apply to facilities that are regulated by the Pennsylvania Wireless Broadband Collocation Act.[1]

Editor's Note: See 53 P.S. § 11702.1 et seq.

Application fees. The Township may assess appropriate and reasonable permit fees directly related to the Township's actual costs in reviewing and processing the application for approval of a non-tower-based WCF, as well as related inspection, monitoring and related costs. Such fees may be assessed by applicable federal or state statute for relevant co-located facilities and other non-tower-based DAS and DCU.

Additional regulations.

Location. Non-tower-based DAS and DCU in the right-of-way shall be co-located on existing poles, such as utility poles. Co-location shall not be permitted on ornamental street light fixtures and shall not be located in the front facade area of the following uses: single-family detached, single-family semidetached, quad dwellings, two-family dwelling, townhouse or row dwelling unless placement involves collocation on an existing nonconforming structure that already holds wireless communications equipment.

Design requirements.

DAS and DCU installations located above the surface grade in the public ROW including, but not limited to, those on streetlights and joint utility poles, shall consist of equipment components that are no more than six feet in height and that are compatible in scale and proportion to the structures upon which they are mounted. All equipment shall be the smallest and least visibly intrusive equipment feasible.

Antennas and all support equipment shall be treated to match the supporting structure. WCF and accompanying equipment shall be painted, or otherwise coated, to be visually compatible with the support structure upon which they are mounted.

Compensation for right-of-way use. In addition to the permit fees as described in above, every non-tower-based DAS and DCU in the right-of-way is subject to the Township's right to fix annually a fair and reasonable compensation to be paid for use and occupancy of the ROW. Such compensation for ROW use shall directly related to the Township's actual ROW management costs including, but not limited to, the costs of the administration and performance of all reviewing, inspecting, permitting, supervising, and other ROW management activities by the Township. The owner of each non-tower-based WCF shall pay an annual fee to the Township to compensate the Township for the Township's costs incurred in connection with the activities described above. The annual ROW management fee for non-tower-based WCF shall be determined by the Township and authorized by resolution of the Board of Supervisors and shall be based on the Township's actual ROW management costs as applied to such non-tower-based WCF.

Time, place, and manner. The Township shall determine the time, place, and manner of construction, maintenance, repair, and/or removal of all non-tower-based WCF in the right-of-way based on public safety, traffic management, physical burden on the ROW, and related considerations. For public utilities, the time, place, and manner requirements shall be consistent with the police powers of the Township and the requirements of the Public Utility Code.

Equipment location. Non-tower-based WCF and accessory equipment shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, or to otherwise create safety hazards to pedestrians and/or motorists or to otherwise inconvenience public use of the ROW as determined by the Township. In addition:

In no case shall ground-mounted equipment, walls, or landscaping be located within 18 inches of the face of the curb. In the absence of a curb, the facility must be located outside the safe clear zone of the roadway as determined by the Township.

Ground-mounted equipment shall be located underground. In the event an applicant can demonstrate, to the satisfaction of the Township Engineer, that ground-mounted equipment cannot be undergrounded, then all such equipment shall be screened, to the fullest extent possible, through the use of landscaping or other decorative features to the satisfaction of the Township.

Required electrical meter cabinets shall be screened to blend in with the surrounding area to the satisfaction of the Township.

Any graffiti on the tower or any accessory equipment shall be removed at the sole expense of the owner within 10 business days of notice of the existence of the graffiti.

[5]

Any underground vaults related to non-tower-based DAS and DCU shall be reviewed and approved by the Township.

Relocation or removal of facilities. Within 60 days following written notice from the Township, or such longer period as the Township determines is reasonably necessary, or such other period in the case of an emergency, an owner of a DAS and DCU in the ROW shall, at its own expense, temporarily or permanently remove, relocate, change, or alter the position of any DAS and DCU when the Township, consistent with its police powers and applicable Public Utility Commission regulations, shall have determined that such removal, relocation, change, or alteration is reasonably necessary under the following circumstances:

The construction, repair, maintenance, or installation of any Township or other public improvement in the right-of-way;

The operations of the Township or other governmental entity in the right-of-way;

Vacation of a street or road or the release of a utility easement; or

An emergency as determined by the Township.

Visual and/or land use impact. The Township retains the right to deny an application for the construction or placement of a non-tower-based WCF based upon visual and/or land use impact.

Approval.

Except for DAS and DCU located in Park Zoning Districts (which requires conditional use approval), any applicant proposing a new DAS and DCU shall be required to obtain the necessary approvals and permits associated with other uses by right in the applicable zoning districts, but shall not be required to obtain conditional use approval.

Tower-based DAS and DCU - timing of approval. Within 30 calendar days of the date that an application for a tower-based DAS and DCU is filed with the Township, the Township shall notify the applicant in writing of any information that may be required to complete such application. Within 150 calendar days of receipt of a complete application, the Township shall make its final decision on whether to approve the application and shall advise the applicant in writing of such decision. If additional information was requested by the Township to complete an application, the time required by the applicant to provide the information shall not be counted toward the Township's 150-day review period.

NATURAL GAS PROCESSING PLANT

Non-tower-based DAS and DCU - timing of approval. Within 30 calendar days of the date that an application for a non-tower-based DAS and DCU is filed with the Township, the Township shall notify the applicant in writing of any information that may be required to complete such application. Within 90 calendar days of receipt of a complete application, the Township shall make its final decision on whether to approve the application and shall advise the applicant in writing of such decision. If additional information was requested by the Township to complete an application, the time required by the applicant to provide the information shall not be counted toward the Township's ninety-day review period.

§ 240-60 Natural gas processing plants.

Purpose. It is hereby declared to be the purpose of this section to declare that natural gas processing plants are to be considered conditional uses in the I-2 Heavy Industrial Districts only.

Definitions. As used in this section, the following terms shall be interpreted or defined as follows:

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 are/is designed and constructed primarily to remove water, water vapor, oil or naturally occurring liquids from natural gas.

OIL AND 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 a well of any depth into, through and below the surface of the earth.

OIL AND GAS DEVELOPMENT or DEVELOPMENT

The well site preparation, well site construction, drilling, hydraulic fracturing, and/or site restoration associated with an oil and 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, other than natural gas processing plants or facilities performing the equivalent functions that operate as midstream facilities. Natural gas compressor stations and natural gas processing plants or facilities performing the equivalent functions that operate as midstream facilities are only authorized consistent with this section, which provides for these functions as a conditional use in the I-2 Heavy Industrial District.

OPERATOR

Any person, 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.

TOWNSHIP

Cecil Township, Washington County, Pennsylvania.

WELL SITE

A graded pad designed and constructed for the drilling of one or more oil and gas wells.

Natural gas processing plants are not permitted in any other zoning district. To the extent it is currently listed as a permitted use or listed as a conditional use or special exception in any district other than an I-2 Heavy Industrial District, by way of this section, it is hereby repealed.

§ 240-61 Oil and gas development.

Purpose.

This section has two purposes. The first purpose is to repeal both Ordinance No. 3-2011 and Ordinance No. 2-2010, which previously provided for the zoning of oil and gas development in Cecil Township.

It is further hereby declared to be the purpose of this section to amend the Cecil Township Zoning Ordinance such that oil and gas development is a conditional use in areas identified in an oil and gas overlay district within the Township, which shall be established in a separate ordinance.

Cecil Township recognizes that the regulation of oil and gas operations is the primary responsibility of the regulatory agencies of the Commonwealth of Pennsylvania but that the Township maintains its zoning powers as set forth in Pennsylvania Statutes Title 53, the Municipalities Planning Code ("MPC"), and through the Township of Cecil subdivision and land development or zoning ordinances. It is in the Township's best interest to address the zoning districts where such activities are sought to be undertaken and to have information concerning oil and gas exploration, development and production taking place within the Township and to ensure certain security and safety measures related to oil and gas well drilling are in place in certain areas if approved.

NATURAL GAS COMPRESSOR STATION

The Board of Supervisors will make a decision on the conditional use application within 60 days following receipt by the Zoning Officer of a complete application. A written decision will follow the vote of the Board of Supervisors within 45 days of the Board's decision.

Definitions. As used in this section, the following terms shall be interpreted or defined as follows:

EXPLORATION

Temporary geologic or geophysical activities such as drilling in context with the zoning definition in this chapter, including seismic surveys related to the search for natural gas or other subsurface hydrocarbons.

FLOWBACK

The process of flowing a completed/fractured well for the purpose of recovering water and residual sand from the gas stream prior to sending gas down a sales line.

FRACTURE or FRACKING

The process of injecting water, sand, customized fracking fluid, steam or gas into a gas well under pressure to improve gas recovery.

A facility designed and constructed to compress natural gas that originates from an oil and gas well or collection of such wells operating as a midstream facility for delivery of oil and 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.

NATURAL GAS PROCESSING PLANT

OIL AND GAS

OIL AND GAS DEVELOPMENT or DEVELOPMENT

The well site preparation, well site construction, drilling, hydraulic fracturing, and/or site restoration associated with an oil and gas well of any depth; water and other fluid storage, impoundment and transportation used for such activities; 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, other than natural gas compressor stations and natural gas processing plants or facilities performing the equivalent functions that operate as midstream facilities. Natural gas compressor stations and natural gas processing plants or facilities performing the equivalent functions that operate as midstream facilities are only authorized consistent with the Township of Cecil subdivision and land development and zoning ordinances.

OPERATOR

Any person, partnership, company, corporation, and its subcontractors and agents, which has an interest in real estate for the purpose of exploring or drilling for, producing or transporting oil or gas.

PIPELINE

All parts of those physical facilities through which gas, hazardous liquids, fresh water, salt water or chemicals move in transportation, including but not limited to pipe, valves and other appurtenance attached to pipe, whether or not laid in public or private easement or public or private right-of-way within the Township, including, but not limited to, gathering lines, production lines and transmission lines. This definition does not include pipelines associated with franchise utilities.

PROTECTED STRUCTURE

Any occupied residence, commercial business, school, religious institution or other public building located within 1,500 feet of the surface location of a well that may be impacted by noise, emissions, light or other negative attributes of drilling operations, including but not limited to oil and gas development activities as defined herein, generated from drilling or hydraulic fracturing activity at a well site.

RESIDUAL WASTE

Garbage, refuse, other discarded material or other waste, including solid, liquid, semisolid or contained gaseous materials, resulting from industrial, mining, drilling or agricultural operations and sludge from an industrial, mining or agricultural water supply treatment facility, wastewater treatment facility or air pollution control facility, if it is not hazardous.

TOWNSHIP

Cecil Township, Washington County, Pennsylvania.

WATER IMPOUNDMENT, FRESH

A lined depression, excavation, pit or facility situated in or upon the ground, whether natural or artificial, used to store fresh water.

WATER IMPOUNDMENT, WASTE

A lined depression, excavation, pit or facility situated in or upon the ground, whether natural or artificial, used to store wastewater, including but not limited to brine, fracturing fluid or residual waste.

WELL SITE

A graded pad designed and constructed for the drilling of one or more oil and gas wells.

Zoning. Cecil Township hereby declares that oil and gas development is defined as a conditional use in the Oil and Gas Recovery Overlay District[1] as identified on the Official Zoning Map of the Township that is hereby attached as Exhibit A.[2] The use shall be subject to the following standards: If the proposed use is granted, consistent with § 240-13F of this chapter, in addition to the conditions listed below, Cecil Township shall impose any and all reasonable safeguards or conditions necessary to implement the intent of this chapter and shall review the particular facts and circumstances of each proposed conditional use application in terms of the following standards listed in § 240-13F of this chapter [repeated in Subsection C(1) herein] as well as more specific criteria as set forth in the remaining paragraphs herein. Applicant shall have the duty and the burden to prove compliance with the specific conditions set forth herein and by way of this chapter. Applicant shall bear the burden of persuasion to demonstrate that the proposed conditional use will not have detrimental effects on the health, safety and welfare of Township residents relative to any additional conditions.

The proposed conditional use will be harmonious with and in accordance with the general objectives or with any specific objective of the Township's Comprehensive Plan; will be designed, constructed, operated and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and will not change the essential character of the same area; will not be hazardous or disturbing to existing neighboring uses; will be served adequately by essential facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and schools or the persons or agencies responsible for the establishment of the proposed use shall be able to adequately provide any such services; will not create excessive additional requirements at public expense for public facilities and services and will not be detrimental to the economic welfare of the community; will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; will have vehicular approaches to the property which shall be designed so as not to create interference with traffic on surrounding public thoroughfares; will not result in the destruction, loss or damage of a natural, scenic or historic feature of significant importance.

Operator shall comply with any generally applicable bonding and permitting requirements for Township roads that are to be used by overweight vehicles and equipment for development activities.

Operator shall take the necessary safeguards to ensure that the Township roads utilized shall remain free of dirt, mud and debris resulting from development activities and/or shall ensure such roads are promptly swept or cleaned if dirt, mud and debris occur.

Operator shall take all necessary precautions to ensure the safety of persons in areas established for road crossing and/or adjacent to roadways (for example, persons waiting for public or school transportation). Where necessary and permitted, during periods of anticipated heavy or frequent truck traffic associated with development, the operator 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 vehicular traffic. The operator will coordinate its efforts with school districts so as to minimize heavy truck traffic during the hours school buses are picking up or dropping off children.

Operators shall establish "safety zones" around drill sites. Said safety zones will be established to minimize local impacts, and said zones shall be determined on a site-by-site basis.

The operator shall not clear brush or trees by way of burning and shall chip, grind or remove all tree stumps from properties it clears for development purposes. However, the operator shall be permitted to, consistent with Cecil Township's relevant outdoor burning ordinance(s), burn any brush, trees or stumps that have been removed from the ground and collected into a pile or piles on the properties where the operator is engaging in development.

Before drilling, the Township shall ascertain whether the Township's first responders have secured adequate information to deal with any potential dangerous conditions that may result due to development activities. First responders shall have on-site orientation and be provided adequate awareness information. Upon request from the Township, the operator will, prior to drilling of an oil and gas well, make available with at least 30 days' notice, at its sole cost and expense, an appropriate site orientation for first responders. Such site orientation shall be made available at least annually during the period when the operator anticipates drilling activities in the Township. In addition, at the operator's expense, the operator shall facilitate training of the Township's first responders by a company that solely performs said function on a daily basis during its course and scope of business.

The operator shall take the necessary safeguards to ensure appropriate dust-control measures are in place.

Except in an emergency, no bullhorns should be used as a means of communication on the drill site.

Recognizing that the specific location of equipment and facilities is an important and integral part of oil and gas development, as part of the planning process the operator shall strive to consider location of its temporary and permanent operations, where prudent and possible, so as to minimize interference with Township residents' enjoyment of their property and future Township development activities as authorized by the Township of Cecil subdivision and land development and zoning ordinances.

Recognizing that adequate and appropriate lighting is essential to the safety of those involved in the development of oil and gas, the operator shall take steps, to the extent practicable, to direct site lighting downward and inward toward the drill site, wellhead or other area being developed so as to attempt to minimize glare on public roads and adjacent buildings within 500 feet of the drill site, wellhead or other area being developed.

Prior to drilling an oil and gas well or multiple oil and gas wells at a location, but no later than two weeks beforehand, the operator shall provide the following information to each resident within 1,000 feet of the planned surface location of the well(s):

A copy of the well survey plat showing the location(s) of the planned well(s);

A general description of the planned operations at the planned well(s) and associated equipment used in the development of the well(s);

The contact information for the operator; and

The availability of the operator to hold a meeting with such residents to present operator's plans for the well(s) and to allow for questions and answers. The meeting(s) shall be held prior to well site construction.

(13)

Application fee in the amount of $2,500 shall be paid by the operator/applicant for the purposes of payment for expenses incurred or to be incurred by the Township associated with all the administration of the application. Fees may be adjusted by the Township Board of Supervisors from time to time by resolution.

(14)

To the extent that the same is not otherwise included or provided within copies of applications for permits from the Commonwealth of Pennsylvania or other governmental units related to the development of a well site, the operator/applicant and/or its contractors shall, as part of the conditional use application, furnish to the Township a certificate of liability insurance naming 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 the amounts not less than $1,000,000 per person, $10,000,000 per occurrence, and $5,000,000 property damage.

(15)

Applications filed for conditional use shall be in accordance with Article IV of this chapter and Article III of Chapter 210, Subdivision and Land Development, of this Code, as amended. The operator/applicant of a filed application shall submit a preparedness, prevention and contingency ("PPC") plan at time of filing such application. In addition to the plan submittal requirement of Ordinance No. 5-2000, the site plan shall be prepared by a licensed engineer of the commonwealth and shall be provided to establish compliance with all applicable regulations. The site plan shall include but not be limited to drilling and production operations, including derricks, vacuum pumps, storage tanks, vehicle parking structures, machinery, temporary housing, ancillary equipment and facilities, as part of the conditional use application.

(16)

Right of entry. The authorized Township official may enter the premises or structure during normal business hours to verify or enforce provisions of this chapter. If premises or structure is unmanned, access shall be granted within 24 hours of notification to the operator/applicant or if there is reasonable cause to believe a condition exists on the premises which violates the ordinance, constituting an unsafe condition.

(17)

The operator/applicant shall provide training of Cecil Township first responders and site orientation prior to the issuance of a certificate of occupancy, temporary or permanent. Training shall be at the sole cost and expense of the operator/applicant

In the event an emergency, including but not limited to product loss (liquid, gaseous or solid), regardless of quantity; equipment malfunction; fire or explosion; incident resulting in injury, fatalities, property damage; or any other significant incident, the operator/applicant shall immediately notify the Washington County 911 Center.

(18)

In addition to the requirements in Subsection C(1) through (15) above, the operator shall:

Install bird netting over frack water impoundments.

Install warning signs providing notice of the potential dangers at the well site.

Provide at least one security guard 24/7 at all times when a drilling rig or hydraulic fracturing equipment is on the well site.

Provide warning signs and post contact information at the entrance to the site.

If a freshwater or frack water impoundment is not located on the drill site but will be utilized and located as a centralized impoundment, the company seeking the centralized impoundment will need to make a separate application for conditional use approval with the Township.

(19)

Prior to the commencement of drilling activities, no construction activities involving excavation of, alteration to, or repair work on any access road or well site shall be performed during the hours of 10:00 p.m. to 6:00 a.m.

(20)

Operator shall be responsible to pay the Township's reasonable attorneys' fees and engineering and expert costs borne by the Township in connection with the conditional use application and hearing process.

(21)

Coal bed methane and conventional oil and gas well drilling and completion activities, i.e., those wells drilled to depths shallower than the base of the elk sandstone or its stratigraphic equivalent and such oil and gas wells that are planned to involve drilling of a single well on a well site for no more than seven consecutive days total in any calendar year, can request a waiver from the Board of Supervisors from any condition set forth herein if, in the sole discretion of the Board of Supervisors, the conditions are not necessary to protect the health, safety and welfare of the residents.

(22)

Township recognizes and acknowledges that oil and gas development is accompanied by inherent noise. However, the operator shall take the following steps to minimize, to the extent practicable, the noise resulting from the development:

Prior to drilling of an oil and gas well, the operator shall establish a continuous seventy-two-hour ambient noise level at the nearest protected structure property line or 100 feet from the nearest protected structure (as measured to the closest exterior point of the building), whichever is closer to the protected structure, or alternatively, and in lieu of establishing the above seventy-two-hour ambient noise level, the operator may assume and use, for the purposes of compliance with this chapter, 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.

The operator shall provide documentation of any established seventy-two-hour evaluation relied upon to establish an ambient noise level greater than 65 dBA to the Township's Zoning Officer within three business days of such a request from the Zoning Officer.

Ambient noise level.

The noise generated during drilling and hydraulic fracturing activities when measured at the nearest protected structure property line or 100 feet from the nearest protected structure (as measured to the closest exterior point of the building), whichever is closer to the protected structure, shall not exceed the average ambient noise level (as determined by the seventy-two-hour evaluation) or default level, whichever is higher:

[a]

During drilling activities by more than seven decibels during the hours of 6:00 a.m. to 10:00 p.m.;

[b]

During drilling activities by more than five decibels during the hours of 10:00 p.m. to 6:00 a.m.; or

[c]

By more than 10 decibels during hydraulic fracturing operations.

The operator shall inform the Township of which level (average ambient noise level or default level) is being used.

Adjustments to the forgoing noise limits may be permitted in accordance with the following:

	Permitted Increase (dBA)	Duration of Increase (minutes)*
	5	15
	10	5
	15	1
	20	1

	NOTES:
	*	Cumulative minutes during any one hour.

If a complaint is received by the Township from any person, whether a resident or otherwise, using the protected structure as defined herein for any lawful purpose, regarding noise generated during drilling or hydraulic fracturing activities, the operator shall, within 24 hours of receipt of the complaint from the Township, continuously monitor for a forty-eight-hour period at a point which is the closer to the complainant's building of:

The complainant's protected structure property line nearest to the well site or equipment generating the noise; or

One hundred feet from the protected structure.

If the operator engages in any noise testing as required by this section, it will provide preliminary data to the Township no later than 10 business days following completion of the noise testing. Once the monitoring is complete, the operator will meet with Township representatives and affected residents to discuss whether possible noise abatement measures are warranted, if the permitted levels set forth herein were exceeded.

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 it is 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 specifications.

All work-over operations shall be restricted to the hours of 6:00 a.m. to 10:00 p.m., except in the extent of an emergency, as reasonably determined by the operator. "Work-over operations" shall mean work performed in a well after its completion in an effort to secure production where there has been none, restore production that has ceased, or increase production.

(i)

To the extent condensate tanks are utilized at or around the drill site, operator shall install the best technology available to eliminate, capture or destroy any and all emissions emanating from these tanks. Said means shall include the installation of vapor destruction and/or vapor recovery units.

(j)

An operator shall notify the Cecil Township Manager and Zoning Officer no later than three days before fracking or flaring activities are set to begin at the well site. An operator will notify 911 of both fracking and flaring activities pursuant to the same time frame.

(k)

If a spill, fire or other violation of any federal, state or local law occurs at the drill site or in the Township by the operator or its subcontractors, the operator will notify the Township immediately, in all circumstances not later than 24 hours after the incident occurred or, if the incident is ongoing, not later than 24 hours after it began.

(l)

Bunk housing of site workers is not permitted at any well location or anywhere within the Township. In addition, bunk housing of site workers is not permitted by the Cecil Township subdivision and land development or zoning ordinances. The Township acknowledges that certain supervisory personnel (generally not to exceed six to seven individuals at any one time) are required for reasons of safety to be present at the multi-well drilling pad to which this conditional use approval relates on a continuous basis during certain operations, and resting accommodations for such supervisory personnel are not affected by the foregoing condition. Prior to utilizing any such accommodations, the operator shall provide to the Township a list of the job titles which constitute supervisory personnel.

Editor's Note: See § 240-39 of this chapter.

Editor's Note The map is on file in the Township offices.

Penalties. Any operator or person performing work at his direction who violates or permits a violation of this section shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Township before a Magisterial District Judge, pay a fine of not more than $1,000 per day the violation exists, plus all court costs, including reasonable attorneys' fees incurred by the Township in the enforcement of this section. No judgment shall be imposed until the date of the determination of the violation by the Magisterial District Judge. If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to the applicable Rules of Civil Procedure. Each day a violation exists shall constitute a separate offense. 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 will be required if injunctive relief is sought by the Township. A person who violates this section shall also be responsible for the Township's attorney's fees, engineering fees, expert fees and court costs associated with enforcement.

Severability and interaction with other ordinances.

This section shall be construed against invalidation. If any provision of this section shall be determined to be invalid, illegal, unenforceable or in conflict with any law that preempts part(s) of this section, the validity, legality and enforceability of the remaining provisions of this section shall not be impaired in any way.