Cecil Township, PA Zoning Ordinance

§ 240-45 Allowable use of land and buildings.

No building, structure or land shall be used or occupied and no building or structure or part thereof shall be erected, constructed, reconstructed, moved or structurally altered except in conformity with all of the regulations herein specified for the district in which it is located.

No structure shall be erected or altered to provide for greater height or bulk; to accommodate or house a greater number of families; to occupy a greater percentage of lot area; to have narrower or smaller rear yards, front yards, side yards, or other open spaces than herein required; or in any other manner contrary to the provisions of this chapter.

No yard or lot existing at the time of passage of this chapter shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this chapter shall meet at least the minimum requirements set forth herein. No part of a yard or other open space or off-street parking or loading space required in connection with any building for the purpose of complying with this chapter shall be included as part of a yard, open space or off-street parking or loading space similarly required for any other building.

§ 240-46 Number of buildings per lot.

In no case shall there be more than one principal building used for residential purposes located on one property, except as otherwise provided in this chapter for a mobile home park, planned development, or land development. If two or more principal nonresidential buildings are proposed on a property, the space between such buildings shall be as established by the building setback requirements of the district in which the use is located, and the proposed development shall be required to apply for land development approval as prescribed in this chapter.

§ 240-47 Allowable setback encroachments.

No structure shall be erected, placed, or moved to within any setback area except certain accessory structures as provided in § 240-48A of this article. The following portions of structures may project into required yards:

Unenclosed, uncovered steps, entrance platforms, terraces, stoops or landings, not over 36 inches above grade level and not exceeding six feet in projection. Roofs or balconies, not exceeding six feet in projection and covering porches, stoops or entrances per above, may be constructed into required yards setbacks.

The ordinary projection of belt courses, sills, lintels, chimneys and other similar ornamental and architectural features not exceeding 24 inches.

An eave, cornice, roof overhang, awning, balcony or bay window not exceeding three feet in projection.

Exterior stairways and fire escapes not exceeding four feet in projection.

§ 240-48 Accessory uses.

[Amended 10-2-2023 by Ord. No. 4-2023; 6-1-2026 by Ord. No. 3-2026]

Lot coverage of accessory buildings.

(1)

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 (Whichever Is Less)	Height (feet)
Up to 21,780 square feet (1/2 acre)	35%, maximum 625 square feet	14
1/2 acre to 0.9 acre	50%, maximum 1,025 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

(2)

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

(3)

The percentage of the primary structure's square footage and maximum square footage shall include all interior closed space, all floors, all attached open areas, and all outside enclosed spaces.

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.

(1)

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.

(2)

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.

(3)

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.

(4)

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.

(1)

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.

(2)

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.

(3)

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.

(4)

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.

(1)

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.

(2)

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.

Accessory solar energy system (ASES).

(1)

ASES (roof-mounted only) shall be allowed as a use by right in all zoning districts.

(2)

Roof-mounted ASES shall not exceed the maximum allowable height in the relevant zoning district.

(3)

The applicant shall provide evidence certified by an appropriately licensed professional that the roof is capable of holding the load of the ASES.

(4)

The ASES layout, design, and installation shall: conform to all applicable industry regulations; conform to all applicable fire and life safety requirements; and not create glare onto adjacent properties or otherwise interfere with adjacent properties.

(5)

Solar panels shall not extend beyond any portion of the roof edge.

§ 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:

(1)

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.

(2)

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

(3)

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:

(1)

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.

(2)

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

(3)

Architectural plans, elevations and sections.

(4)

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.

(5)

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:

(1)

Minimum lot size: one acre.

(2)

Minimum lot width: 150 feet.

(3)

Minimum front-yard setback: 50 feet.

(4)

Minimum side-yard setback: 40 feet.

(5)

Minimum rear-yard setback: 60 feet.

(6)

Maximum building height: three stories or 35 feet.

(7)

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:

(1)

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

(2)

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

(3)

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:

(1)

R-1: 35 feet.

(2)

R-2: 35 feet.

(3)

R-3: 35 feet.

(4)

C-1: 45 feet.

(5)

I-1: 45 feet.

(6)

I-2: 50 feet.

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

(1)

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

(2)

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:

(1)

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

(2)

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.

(3)

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.

(4)

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.

(5)

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.

(6)

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.

(7)

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

(8)

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.

(9)

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.

(a)

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.

(b)

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

(10)

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.

(11)

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.

(12)

Permits and fees.

(a)

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:

(1)

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

(2)

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.

(3)

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.

(4)

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.

(5)

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

(6)

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

(7)

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.

(8)

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.

(9)

Permits.

(a)

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]

(1)

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

(2)

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.

(3)

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.

(4)

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.

(5)

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.

(6)

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.

(7)

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.

(8)

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.

(9)

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.

(10)

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

(11)

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.

(12)

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:

(1)

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.

(2)

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.

(3)

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

(4)

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

(5)

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:

(1)

Monopole towers - at least once every 10 years.

(2)

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

(3)

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]

(1)

R-1 District.

(a)

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]

(b)

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.

(c)

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.

(2)

All other permitted zoning districts.

(a)

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]

(b)

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.

(3)

Schools.

(a)

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]

(b)

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.

(4)

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:

(1)

Copy of the current FCC license;

(2)

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

(3)

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:

(1)

An applicant is under 18 years of age.

(2)

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.

(3)

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.

(4)

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.

(5)

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

(6)

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.

(7)

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:

(1)

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

(2)

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

(3)

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

(4)

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

(5)

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:

(1)

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).

(2)

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

(3)

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

(4)

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.

(5)

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:

(1)

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.

(2)

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

(3)

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.

(4)

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.

(5)

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.

(6)

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.

(7)

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.

(8)

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.

(9)

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:

(1)

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.

(2)

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:

(a)

Screening or other landscaping around the heliport.

(b)

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.

(c)

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

(d)

The effect on property values.

(e)

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

(f)

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

(3)

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).

(4)

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.

(5)

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.

(6)

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

(7)

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:

(1)

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

(2)

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

(3)

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

(4)

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

(5)

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

(6)

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.

(7)

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.

(8)

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.

(9)

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.

(10)

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.

(11)

Lighting shall be shielded away from abutting residential properties.

(12)

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:

(1)

Roadway network and traffic control.

(2)

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

(3)

Planned improvements to roadways by others.

An analysis of existing traffic conditions, including:

(1)

Intersection levels of service.

(2)

Roadway levels of service (where appropriate).

(3)

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

Projected site-generated traffic volumes in terms of:

(1)

Peak hours and ADT.

(2)

Approach/departure distribution, including method of determination.

(3)

Site traffic volumes on roadways.

(4)

Comparison of existing zoning to proposed site generation.

An analysis of future traffic conditions, including:

(1)

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

(2)

Intersection levels of service.

(3)

Roadway levels of service (where appropriate).

(4)

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:

(1)

Schematic plan of access and on-site circulation.

(2)

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.

(1)

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

(2)

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.

(3)

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:

(a)

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

(b)

Sales of items to the general public;

(c)

Procurement of an alcoholic beverage sales permit;

(d)

Provision of recreation or conference facilities to other than guests;

(e)

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

(4)

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.

(1)

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

(2)

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

(3)

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.

(4)

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.

(5)

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.

(1)

General regulations.

(a)

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.

(b)

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.

(c)

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.

(d)

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.

(e)

Maintenance. The following maintenance requirements shall apply:

[1]

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.

[2]

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.

[3]

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

(f)

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.

(g)

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.

(h)

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:

[1]

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.

[2]

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.

[3]

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.

(2)

Additional regulations.

(a)

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.

[1]

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.

(b)

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.

(c)

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.

(d)

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.

(e)

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.

(f)

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:

[1]

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.

[2]

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.

[3]

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.

[4]

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.

(g)

Design regulations.

[1]

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.

[2]

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.

[3]

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

(h)

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:

[1]

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

[2]

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

[3]

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

[4]

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:

(1)

General.

(a)

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.

(b)

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.

(c)

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.

(d)

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

(e)

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.

(f)

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:

[1]

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.

[2]

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.

[3]

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

(g)

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]

[1]

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

(h)

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.

(2)

Additional regulations.

(a)

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.

(b)

Design requirements.

[1]

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.

[2]

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.

(c)

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.

(d)

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.

(e)

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:

[1]

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.

[2]

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.

[3]

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

[4]

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.

(f)

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:

[1]

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

[2]

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

[3]

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

[4]

An emergency as determined by the Township.

(g)

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.

(1)

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.

(2)

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.

(3)

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 (Reserved) [1]

[1]

Editor's Note: Former § 240-60, Natural gas processing plants, was repealed 4-7-2025 by Ord. No. 5-2025.

§ 240-61 Oil and gas development and facilities.

[Amended 4-7-2025 by Ord. No. 5-2025]

Purpose.

(1)

It is hereby declared to be the purpose of this section is to do the following:

(a)

Repeal Ordinance No. 9-2011, to the extent valid, and Ordinance No. 9-2024, to the extent valid, which previously provided for the zoning of oil and gas development in Cecil Township.

(b)

Repeal § 240-60 of the Unified Development Ordinance, as amended, entitled "natural gas processing plants."

(c)

Amend the Cecil Township Zoning Ordinance such that oil and gas development is a conditional use within the Township, subject to the setbacks and conditions herein; natural gas processing plants and natural gas compressor stations are a conditional use in the I-2 Heavy Industrial District only, subject to the setbacks set forth therein; all other oil and gas facilities are a conditional use within Cecil Township, subject to the setbacks and conditions herein.

(d)

The new title of § 240-61 of the UDO is "Oil and gas development and facilities."

(2)

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 ensure certain security and safety measures related to oil and gas development and facilities are in place in certain areas if approved.

(3)

The Board of Supervisors will make a decision on the conditional use application in compliance with the Municipalities Planning Code, 53 P.S. § 10101 et seq.

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

AMBIENT NOISE LEVEL

The all-encompassing noise level associated with a given environment, being a composite of sounds from all sources at the location, constituting the normal or existing level of environmental noise at a given location without extreme atmospheric conditions such as wind greater than three meters per second or precipitation, and then adjusted to eliminate any noise associated with existing developments or facilities.

BEST MANAGEMENT PRACTICES

State of the art mitigation measures applied to oil and natural gas drilling and production to help ensure that energy development is conducted in an environmentally friendly manner.

CRITICAL IMPACT AREAS

Critical impact areas include those areas which may be more susceptible to damage as a result of the proposed or ultimate use of the facility, including, without limitation: stream corridors; streams; wetlands; slopes in excess of 25%; sites where there is a history of adverse subsurface conditions or where available soils information or other geotechnical data, including data from the Bureau of Mines, indicates the potential for landslides, subsidence or other subsurface hazards; Class I agricultural lands; highly acidic or erodible soils; carbonate or highly fractured bedrock; aquifer recharge and discharge areas; areas of unique or protected vegetation, wildlife habitat, and areas of historic, cultural and/or archaeological significance.

DRILLING SITE or WELL PAD or PAD

An area which includes the perimeter of the surface area of drilling operations.

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.

HOSPITAL

An institution licensed by the State Department of Health and providing health services primarily for in-patient medical or surgical care of the sick or injured and including related facilities such as laboratories, out-patient departments, training facilities, central service facilities, and staff offices which are an integral part of the facility, provided such institution is operated by, or treatment is given under direct supervision of, a licensed physician. Types of hospitals include general, mental, chronic disease, and allied special hospitals such as cardiac, contagious disease, maternity, orthopedic, cancer, and the like.

HYDRAULIC FRACTURING

A technique used to stimulate the production of oil and natural gas from a well by injecting fracturing fluids down the wellbore under pressure to create and maintain induced fractures in the hydrocarbon-bearing rock of the target geologic formation. Also referred to as "fracking."

NATURAL GAS COMPRESSOR STATION

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. Also referred to herein as "oil and gas facilities."

NATURAL GAS PROCESSING PLANT

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, including "dew" point control facilities. Also referred to herein as "oil and gas facilities."

NON-PROTECTED STRUCTURE

Any structure which does not satisfy the definition for "protected structure," as set forth herein.

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; 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. For the purposes of this requirements of this section, the term "operator" shall be synonymous with the term "applicant."

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, religious institution, or other public or private building used for similar uses that may be impacted by noise, emissions, light or other negative attributes of drilling operations. For purposes of setbacks, schools and hospitals, defined herein, are treated as a separate category of protected structures.

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.

SCHOOL, PRIMARY or SECONDARY or SCHOOL

An institution primarily engaged in academic instruction for all or part of grades K through 12, and recognized or approved by the state.

TOWNSHIP

Cecil Township, Washington County, Pennsylvania.

WELL SITE or SITE

Shall consist of the area occupied by any of the facilities, structures and equipment associated with or incidental to the construction, drilling, fracturing, production, or operation of an oil or gas well. If multiple areas are used, then the total combined area shall be considered the well site. Also referred to herein as a "well pad."

Zoning. Cecil Township hereby declares that oil and gas development is defined as a conditional use within all zoning districts. The use shall be subject to the following standards: If the proposed use is granted, consistent with § 240-13 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 § 240-13 of this chapter 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.

(1)

Conditional use application. A person or entity desiring approval of a conditional use application pursuant to this section shall submit a written application in a form to be prescribed by the Township. Before submitting the application, the applicant is strongly encouraged to meet with the Township Manager or his designee to determine the requirements of and the procedural steps for the application. The intent of this process is for the applicant to obtain necessary information and guidance before entering into any commitments or incurring substantial expenses with regard to the site and plan preparation. The application shall not be considered to be complete and properly filed unless and until all items required by this section, including the application fee, have been received. An application for conditional use approval pertains only to the specific number of wells identified in the application which will be drilled in compliance with the time frame set forth in Subsection 39. The addition of additional wellheads to the well pad and/or future drilling/redrilling/re-hydraulic fracturing of wells at same well pad site beyond the initial conditional use approval requires a separate conditional use approval. In addition to the requirements, criteria, and standards set forth in § 240-13 of this chapter, an application pursuant to this section shall include:

(a)

Payment of an application fee in the amount of $4,000 shall be paid by the 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.

(b)

Written permission from the property owner(s) having legal or equitable title in and to the proposed development or facility or demonstrable documentation of the applicant's authority to occupy the property.

(c)

The GIS location and 911 address, or equivalent, of all well sites.

(d)

Copies of any and all permits and applications, submitted to all applicable local, county, state and federal agencies. Permits and plans shall include but not be limited to the Pennsylvania Department of Environmental Protection ("PADEP") well applications and permit, erosion and sediment control general permit, or current permit requirement, and all other required erosion and sedimentation, air, water, and waste management permits.

(e)

In addition to the requirements listed herein, a site plan prepared by an engineer or surveyor licensed in Pennsylvania shall be provided to establish compliance with all applicable regulations. All drilling and production operations, including derricks, vacuum pumps, compressors, storage tanks, vehicle parking, structures, machinery, temporary housing, and ancillary equipment on the well site shall be identified. All protected structures within 2,500 feet of the property line of the well site and all schools and hospitals within 5,000 feet of the property line of the well site shall be identified. All roads related to the development or facility must also be shown. A sufficient number of copies of the site plan shall be provided for review and comment by all Township emergency services organizations.

(2)

General criteria.

(a)

The operator shall use best management practices in all aspects of the planning, construction, development, and operation of the proposed use.

(b)

All operations shall be in accordance with applicable federal laws and regulations, the Pennsylvania oil and gas Act (58 P.S. §§ 601.101 et seq.) as amended, and pursuant to all other applicable rules, regulations and procedures adopted pursuant thereto.

(3)

Notices.

(a)

At least 30 days prior to any development activity on the planned surface location of the development or facility, the operator shall provide the following information to each property owner within 4,000 feet of the planned surface location of the development or facility:

[1]

A copy of the site plan submitted as part of the conditional use application;

[2]

A general description of the planned operations of the development or facility and associated equipment to be used;

[3]

The contact information for the operator; and

[4]

The availability of the operator to hold a meeting locally with such residents to present the operator's plans for the development or facility and to allow for questions and answers. The meeting(s) shall be held prior to the commencement of the development activity.

(b)

The operator shall provide a schedule to the Township, identifying anticipated dates for site preparation and construction, drilling, and completion of the wells. The Township recognizes that these dates may change, and the operator shall update the Township with anticipated dates of such activities.

(c)

The operator shall notify the Emergency Management Coordinator, Township Manager, and Township Engineer no less than 90 days prior to the startup and abandonment or shutdown of any well site.

(d)

After any spill, leak, or malfunction, the operator shall notify the Township Manager within 24 hours of a nonemergency spill or immediately for an emergency situation (as defined by the Pennsylvania Department of Environmental Protection ("PADEP")), and the operator shall notify Township officials when cleanup will begin. The operator will remove or cause to be removed to the satisfaction of the Township and the PADEP inspectors all waste materials from any public or private property affected by such spill, leak, or malfunction. Clean-up operations must begin immediately upon knowledge that a spill, leak, or malfunction occurs and the operator shall alert the Township of any such spills, leaks, or malfunctions.

(e)

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

(f)

Notices regarding noise and vibrations are set forth herein at Subsection C(18) "Noise, dust, vibration, odors."

(4)

Hazards.

(a)

Any hazardous or toxic material shall be securely contained, stored and removed in accordance with applicable state or federal regulations. On-site disposal is prohibited. All hazardous materials stored must be clearly marked, identifying the contents, chemicals, and hazards as required by the OSHA Hazard Communication Standard 29 CFR 1910.1200 and National Fire Protection Association ("NFPA") Code 704-Standard System for the identification of the Hazards of Materials for Emergency Response. All regulated tanks are to be labeled to a NFPA specification.

(b)

Upon request of the Emergency Management Coordinator, the operator shall, prior to drilling its first gas well in the Township, make available with at least 30 days' notice, at the applicant's sole cost and expense, an appropriate group training program for emergency responders and Township code enforcement personnel. Such training shall be made available at least annually during any year in which drilling activities take place at the oil and gas development from site work to well completion. The Township shall require a minimum of four hours of annual training, with additional hours added at the recommendation of the Fire Chief annually. If additional wells are drilled at the site, the operator and Emergency Management Coordinator shall determine if additional training is required.

(c)

At the time of filing its application, the operator shall submit a preparedness, prevention and contingency ("PPC") plan, as defined in the PADEP document, "Guidelines for the Development and Implementation of Environmental Emergency Response Plans," or the most recent applicable guidance document. The operator shall provide a sufficient number of copies of the PPC plan to be distributed to the Township Manager, the Emergency Management Coordinator, the Fire Chief, and any other emergency service providers for the Township. Prior to any construction activity, the operator shall meet with Township safety control individuals designated by the Township Board of Supervisors to discuss or provide information regarding any proposed emergency responses to the PPC plan.

(d)

The applicant shall maintain on the planned surface location of the development or facility and on file with the municipality a current list and the Safety Data Sheet (SDS) or Material Safety Data Sheets ("MSDS") for all chemicals used in the drilling operations (including but not limited to types of additives, acids, polymers, salts, surfactants, and solvents) and in any fracturing operations, as required by all applicable PADEP rules, regulations, and policies regarding disclosure of chemicals. If the PPC plan requires availability and/or utilization of special equipment or supplies particular to the hazards and/or conditions addressed in the PPC, the Township shall require the operator to reimburse the Township for the cost of procurement of such special equipment or supplies.

(e)

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

(f)

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, in additional to any and all notifications and actions that it is otherwise required to perform.

(g)

The operator shall provide the Township with contact information which will allow representative of the operator to be contacted 24 hours a day, seven days a week to address any issue, complaint, or emergency during operations.

(5)

Setbacks and siting.

(a)

Multiple Well and Pad sites on any one oil and gas development shall be prohibited, unless the operator proves to the satisfaction of the Township that the underlying geology makes using a single well pad impractical.

(b)

The nearest edge of the well pad shall be located not less than 2,500 feet from any protected structure, not less than 5,000 feet from any school or hospital, and not less than 250 feet from the nearest property line. Any lots that have obtained preliminary or final approval as a part of a major subdivision or master plan shall be considered for setback purposes. In the case of a lot which has received preliminary or final approval as part of a major subdivision or master plan, the edge of the well pad shall be located not less than 1,000 feet from the nearest lot line of a lot that is part of the approved subdivision or plan.

(c)

In the event that an owner or occupant of a protected structure authorizes drilling activities upon his or her property, such owners or occupants may authorize the waiver of Subsection C(5)(b):

[1]

In the event an owner or occupant authorizes such waiver, waiver shall under no circumstances be read as an approval of drilling activities at the proposed location. The applicant must still receive conditional use approval pursuant to this section.

[2]

If an owner or occupant authorizes the waiver of Subsection C(5)(b) of this section, such waiver applies only upon the owner or occupant's property, and not upon the property of any adjacent landowners or occupants. All requirements, criteria, conditions, and standards set forth within this section shall apply as to the property of any owner or occupant who has not authorized such waiver.

[a]

If there are other owners or occupants of protected structures located within the setbacks set forth in Subsection C(5)(b), all other such owners or occupants must waive Subsection C(5)(b) of this section, in writing, in order for the applicant's waiver to be effective.

[3]

Applicant shall notify and obtain approval of the waiver in writing from all property owners adjacent to applicant's property, and shall obtain all written waivers as set forth in Subsection C(5)(c)[2][a]. The applicant must provide the Township copies of all written waivers executed by any owner or occupant authorizing such waivers at the time it submits its Application to the Township.

[4]

This Waiver Subsection C(5)(c) shall not apply to any school or hospital. Schools and hospitals may not waive the setback requirements of Subsection C(5)(b).

(d)

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.

(e)

The location and design of structures and site improvements shall be integrated with the natural color, form and texture of the surrounding area.

(6)

Access.

(a)

Beginning with its intersection with a public street, any ingress or egress point for the development or facility shall be paved for the first 50 feet and improved with limestone or other similar material for the next 100 feet in a manner that no water, sediment, or debris will be carried onto any public street. If any amount of mud, dirt, or other debris is carried onto public or private rights-of-way from the well site, the operator shall immediately clean the roads and implement a remedial plan as directed by the Township to keep the streets continuously clean.

[1]

The first 50 feet from the existing edge of pavement extending into the site shall consist of the following material:

[a]

Compacted subgrade.

[b]

PennDOT Class 4 geotextile fabric.

[c]

Eight inches of AASHTO No. 1 crushed aggregate base course.

[d]

Two inches of PennDOT 2A aggregate.

[e]

Six inches of Superpave 25 mm binder course.

[2]

The remainder of the driveway to the well pad shall be constructed with the following material:

[a]

Eight inches of AASHTO No. 1 crushed aggregate base course.

[b]

Two inches of PennDOT 2A aggregate.

(b)

Ingress and egress points for all public and private driveways or roadways shall be located and improved in order to:

[1]

Meet Pennsylvania Code 67, Chapter 441, Access to and Occupancy of Highways by Driveway and Local Roads, PennDOT Design Manual 2.

[2]

Ensure adequate capacity for existing and projected traffic volume.

[3]

Provide efficient movement of traffic, including appropriate turning radii and transition grade.

[4]

Minimize hazards to highway users and adjacent property and human activity.

(c)

All applicable permits or approvals must be obtained, including, without limitation:

[1]

Access or driveway permits to state or county roads.

[2]

Overweight or oversize loads.

(7)

Traffic impact.

(a)

The operator shall submit a traffic study with its application, which shall include:

[1]

A description of plans for the transportation and delivery of equipment, machinery, water, chemicals, products, materials, and other items to be utilized in the siting, drilling, stimulating, completion, alteration, and/or operation of the development or facility. Such description shall include a map showing the planned vehicular access roads and the transportation infrastructure being proposed and the type, weight, number of trucks and delivery schedule necessary to support each phase of the development.

[2]

An inventory, analysis, and evaluation of existing road conditions on Township roads along the proposed transportation route identified by the application, including digital photography, video and core boring as determined to be necessary by the Township Engineer(s).

(b)

All traffic patterns to be utilized in the siting, drilling, stimulating, completion, alteration, and/or operation of the development or facility must be approved by the Board of Supervisors. Any changes in traffic patterns must be approved by the Board of Supervisors.

(c)

The proposed routes must be designed to minimize the impact on streets within the Township. The Township reserves the right to designate alternate routes in the event that the applicant's proposed routes are deemed inadequate, unsafe or overly disruptive to normal vehicular traffic by the Township. Vehicles are to operate on state roads and may only use municipal roads when the use of state roads is not feasible. The operator shall coordinate truck routes with the school bus schedule so as to minimize interference with transportation of students to and from school.

(d)

Prior to the commencement of activity at the development or facility, the operator shall enter into any bonding and/or municipal roadway maintenance and repair agreement with the Township, in a form acceptable to the Township, regarding maintenance, repair, and bonding of municipal roads that are to be used by vehicles for development activities. The operator shall take all necessary corrective action and measures as directed by the Township pursuant to the agreement to ensure the roadways are repaired and maintained during and at the conclusion of all development activities.

(e)

The 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.

(f)

The operator shall provide adequate, obvious and specific signage of the route to the well site for vehicles associated with the proposed activity. The use of the term, "vehicle associated with the proposed activity," is intended to include those trucks commonly referred to as tri-axle trucks, water trucks, trucks of a weight requiring a road to be bonded, and other similar vehicles. The term is not intended to mean general passenger trucks or vehicles traveling to the site.

(g)

The 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.

(h)

There shall be no staging of trucks or equipment on local roads.

(i)

A traffic control plan in conformance with PennDOT standards shall be provided.

(8)

Environmental impact analysis. To the extent the same is not otherwise included or provided within copies of applications for permits from the Commonwealth of Pennsylvania or other governmental units and herewith submitted or where no such permit is required, the applicant shall submit an environmental impact analysis. The environmental impact analysis shall describe, identify and analyze all environmental aspects of the site and of neighboring properties that may be affected by the proposed operations or the ultimate use proposed to be conducted on the site. The limits of the impact area to be studied shall be reviewed and approved by the Planning Commission and the Board of Supervisors. The environmental impact study shall include, but not be limited to, all critical impact areas on- or off-site that may be impacted by the proposed or ultimate use of the facility, including the impact on the critical areas, the protective measures and procedures to protect the critical areas from damages, and the actions to be taken to minimize environmental damages to the critical areas on the site and surrounding areas during and after completion of the operation.

(9)

Air quality study and air monitoring.

(a)

Study. 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 and herewith submitted or where no such permit is required, the applicant shall submit an air quality study. The study shall be prepared by experts mutually agreed upon by the Township and the operator and submitted with the application. The study shall include an analysis of the existing and predicted air quality levels, including smoke, odors, fumes, dust, and pollutants at the site. This report shall contain the sources of the information, the data and background tests that were conducted and the conclusions and recommendations of the professionals preparing the report that would be required to maintain the air quality at a level equal to or better than the existing background level prior to the proposed use.

(b)

Monitoring. The operator shall conduct air monitoring during vertical drilling, horizontal drilling, and hydraulic fracturing at the well pad. The monitoring will begin five days before the start of each of the above phases and end five days after the completion of each of the above phases. The monitoring service provider shall be selected by the operator and the Township. Air monitoring will be conducted at four cardinal points in accordance with (1) EPA Methods 325A and 325B; and (2) an air monitoring plan to be approved by the Township. Reporting and results of the monitoring shall be made directly to the operator and the Township at regular intervals and upon request from the Township. The operator shall be responsible for all costs of the monitoring set forth herein.

(10)

Pre-drilling, post-hydraulic fracturing, and baseline water survey requirements.

(a)

Hydrological study. 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 and herewith submitted or where no such permit is required, the applicant shall submit a hydrological study. The study shall be prepared by a hydrogeologist mutually agreed upon by the Township and the operator and submitted with the application. The study shall evaluate the existing surface and subsurface hydrogeology, based upon historical data and on-site investigation and studies. The study shall identify groundwater discharge and recharge areas that may be affected by the proposed use, map the groundwater table and analyze and delineate the effects of the proposed use on the hydrology, including surface and ground water quantity and quality. Acceptance of the study is subject to final approval by the Board of Supervisors.

(b)

The operator shall be responsible for testing all existing water supplies (surface and groundwater) within 1,000 feet of the surface location of the well pad. The purpose of the testing is to determine the baseline quality and quantity of surface water and groundwater in the immediate vicinity of the proposed well site and to evaluate resultant changes that may occur or have an impact on the water supply of the site and surrounding area. If a landowner refuses to allow the operator access to conduct a survey, the operator shall show evidence of such refusal in accordance with PA Code Title 25, Chapter 78a, § 78.52(f). In additional, prior to drilling, the operator will be required to drill a test well outside of the limits of the well pad but no more than 750 feet from the well location to a depth that intersects all known or viable aquifers for the purposes of obtaining a baseline assessment of water quality in the vicinity of the site. The test well shall be located such that it is part of the hydrologic system of the drill stie. All testing shall adhere to the following:

[1]

Pre-drilling testing results, both from existing water supplies and from the operator-drilled test well, shall be submitted as part of the conditional use application.

[2]

Post-hydraulic fracturing testing shall be completed no sooner than one month after hydraulic fracturing activities have ceased and no later than two months after hydraulic fracturing activities have ceased.

[3]

The post-hydraulic fracturing test results, both from existing water supplies and from the operator-drilled test well, shall be submitted to the Township, PA DEP, and residents within 1,000 feet of the surface location of the well in accordance with PA Code Title 25, Chapter 78a, § 78.52 "predrilling or pre-alteration survey" within 10 days of their receipt.

[4]

The operator shall be responsible for all costs associated with drilling and testing and testing shall be done by an independent state-certified water testing laboratory agreed upon by the Township.

[5]

Water quality test. For testing purposes, the Board of Supervisors shall set, by Resolution, a list of parameters for all surface water and groundwater.

(11)

Water withdrawal plan. To the extent the same is not otherwise included or provided within copies of applications for permits from the Commonwealth of Pennsylvania or other governmental units and herewith submitted or where no such permit is required, the applicant shall provide a water withdrawal plan for the development identifying the source of water, how many gallons will be used and withdrawn each day, the origination of the water, proposed truck routes and all permits issued by the Commonwealth of Pennsylvania or any other governmental body. If the development is to be supplied by way of waterlines, the locations of all proposed waterlines are to be identified. The site for the treatment and disposal of the water shall also be identified. The use of non-potable water sources is highly encouraged. The use of injection wells for disposal of fracking fluid is prohibited. The applicant is required to use best management practices.

(12)

Disposal of waste. To the extent the same is not otherwise included or provided within copies of applications for permits from the Commonwealth of Pennsylvania or other governmental units and herewith submitted or where no such permit is required, the applicant shall identify the means and availability of the site for disposal of cuttings, fracturing fluids, oil, toxic materials, hazardous materials, and other waste products.

(13)

Transmission of gas. To the extent that the information has been developed, the applicant shall provide a plan for the transmission of gas from the development. The plan will identify but not be limited to gathering lines, compressors, and other mid- and downstream facilities located within the Township and extending 800 feet beyond the Township boundary.

(14)

Pre-development and post-development soil testing. Prior to beginning oil and gas development activities, the operator shall be responsible for testing soil conditions within 300 feet of each well site. The purpose of testing is to determine the baseline soil conditions surrounding the proposed well site and address resultant changes that may occur or have an impact on the soils of the site and surrounding area.

(a)

Pre-drilling testing results shall be submitted as part of the conditional use application.

(b)

Post hydraulic fracturing testing shall be completed no sooner than one month after hydraulic fracturing activities have ceased and no later than two months after hydraulic fracturing activities have ceased.

(c)

The results shall be submitted to the Township and PADEP within 10 days of their receipt.

(d)

The operator shall be responsible for all costs associated with testing and testing shall be done by an independent state-certified testing laboratory agreed upon by the Township.

(15)

The operator shall prevent the drill site and all structures thereon from becoming dilapidated, unsightly, or unsafe. Any on-site associated gas production equipment (including but not limited to well heads, separators, condensate tanks, and pipeline) shall be painted an earth-tone color to blend in with the surrounding area. An earth-tone color shall be a neutral color, including unobtrusive shades of sand, gray, green, and brown, or other similar neutral colors.

(16)

Fencing, screening, and buffering.

(a)

Security fencing consisting of permanent galvanized chain-link fence, a minimum of eight feet in height, topped with either razor wire or barbed wire, shall be installed prior to the commencement of any activity at every well site to secure wellheads, storage tanks, separation facilities, water or liquid impoundment areas, and any other mechanical and production equipment and structures on the well site.

(b)

Security fencing shall be equipped with lockable gates at every access point and having openings no less than 12 feet wide. Gates shall be kept locked except when being used for access to the site. The fence posts shall be set in concrete at sufficient depths to maintain the stability of the fence.

(c)

In construction of the oil and gas development or facility, the natural surroundings shall be considered, and the operator shall preserve existing trees and other native vegetation to the fullest extent possible. Existing trees and respective root systems shall not be disturbed whenever possible. Where trees are removed, the operator shall replace or reforest the area, where feasible, with the notification to and approval of the Township.

(d)

Any development which abuts a residential use shall provide a 20-foot buffer strip along the affected boundary line(s), as provided herein. All plants shall be selected from species that are hardy in the area and shall be sound nursery stock. The operator shall plant a buffer consisting of a double row of native evergreen conifers and/or American holly planted at oblique lines to one another so that a continuous screen is provided. All trees shall be a minimum of six feet in height at the time of planting. Trees which die shall be replaced within six months. The operator shall replace any dead or dying trees in the buffer so long as the facility remains in operation.

(e)

In addition to the landscaping buffer set forth above, the operator shall submit a general landscaping plan that incorporates existing, and if necessary, new vegetation, where practical and in accordance with applicable permit and regulatory requirements, to provide a buffer in connection with any permanent facilities at the well site, including foundation planting around structures. Any landscaping strip along a Township right-of- way shall be composed of plantings that will not block clear views for vehicles entering or leaving the premises.

(17)

Storage of equipment.

(a)

No equipment, including drilling, re-drilling, re-working or other portable equipment, shall be stored on the development or facility which is not essential to the everyday operation of the development or facility. This includes the removal of idle equipment unnecessary for the operation of wells.

(b)

Lumber, pipes, tubing, and casing shall not be left on the development or facility except when drilling or well-servicing operations are being conducted on the site.

(c)

It shall be illegal to park or store any vehicle or item of machinery on any street, right-of- way or in any driveway, alley, or on the development or facility which constitutes a fire hazard or an obstruction to or interference with fighting or controlling fires, except that equipment which is necessary for the maintenance of the development or facility or for the gathering or transporting of hydrocarbon substances from the site.

(18)

Noise, dust, vibration, odors.

(a)

The operator shall take the necessary safeguards to minimize dust, vibration, noxious odors, or other harmful or annoying effects of drilling operations that are detrimental to the public health, safety, comfort, or welfare. All equipment shall be constructed and operated so that dust, vibrations, odor, and other harmful or annoying effects are minimized by the operations carried on at the drill site to avoid injury or annoyance of persons living in the vicinity.

(b)

No physical vibrations (whether ground-borne or airborne/acoustically induced) associated with the proposed operations shall be detectible with instruments on any lot lines shared with adjacent properties, and no physical vibrations exceeding the International Standards Organization (ISO) Operating Theater Velocity limit - 100 micrometers per second in any third octave band, in the structures of any protected structures, schools, or hospitals on parcels adjacent to the well pad or facility.

(c)

There shall be no activities associated with the proposed use that will emit electrical disturbances adversely affecting the operation of radio or other equipment not located at the subject property.

(d)

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.

(e)

The following noise provisions apply to all phases of oil and gas development:

[1]

Ambient noise level baseline. As part of the conditional use application and prior to drilling of an oil and gas well, the operator shall establish the ambient noise level baseline. The baseline shall be established by an acoustics evaluation over a continuous five-day period to include a full weekend (Saturday and Sunday) with monitoring at the two nearest noise sensitive receptors (residences, schools, churches, and hospitals). A qualified noise control engineer or other qualified person, mutually agreed upon by the Township and the operator, shall be responsible for determining the baseline in accordance with all applicable American National Standards Institute (ANSI) standards, specifications, and measurements. The procedures for the ambient baseline measurement must be approved by the Township. The operator shall be solely responsible for all costs associated with the noise consultant/engineer and the ambient noise level baseline. The report shall contain measurements of existing ambient noise levels, measured using the L(c90) (C-weighted sound level exceeded 90% of the time) descriptor, computer in one-hour increments and a cumulative daytime L(c90) level. The Township reserves the right to hire a third- party consultant to witness testing and review the results at the sole expense of the operator. All sound level meters shall meet the ANSI standard for a Type I sound level meter.

[2]

Limitations.

[a]

Protected structures. The noise generated during construction, drilling and hydraulic fracturing activities when measured at the nearest protected structure, school or hospital property line, or 100 feet from the nearest protected structure, school or hospital (as measured to the closest exterior point of the building), whichever is closer to the protected structure, school or hospital, shall not exceed the ambient noise level baseline (as determined by the evaluation) as follows:

[i]

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

[b]

Non-protected structures. The noise level generated during construction, drilling and hydraulic fracturing activities when measured at the nearest non-protected structure property line or 100 feet from the nearest non-protected structure (as measured to the closest exterior point of the building), whichever is closer to the non-protected structure, shall not exceed the ambient noise level baseline (as determined by the baseline evaluation) as follows:

[i]

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

[3]

Since fluctuations in noise levels are inherent to mineral extraction activities, the Township has created a sliding scale which provides adjustments in the permitted level of noise generated during operations to create flexibility in regulations and prevent repeated violations. Noise levels exceeding the noise limitations set forth in Subsection C(18)(c)[2], above, shall be temporarily permitted between the hours of 6:00 a.m. and 10:00 p.m., measured using the C-weighted equivalent continuous sound pressure level (L(Ceq)) in one-minute increments, in accordance with the following:

Permitted Increase (as measured in dBC)	Duration of Increase (minutes)*
Up to 5 dBC	15
Up to 10 dBC	5
10 dBC or more	1

NOTES:
*	Cumulative minutes during any one hour. The maximum cumulative time that the permitted increases may occur within one hour may not exceed 15 minutes.

[4]

If a complaint is received by the Township from any person, whether a resident or otherwise, using the protected structure, school or hospital as defined herein for any lawful purpose, regarding noise or vibrations 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 48-hour period at a point which is the closer to the complainant's building of:

[a]

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

[b]

100 feet from the protected structure, school or hospital; or

[c]

In the case of vibrations, from the lot line as set forth in Subsection C(18)(c)[2], in addition to the protected structure, school or hospital.

[5]

If the operator engages in any noise or vibration 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. The Township reserves the right to hire a noise consultant to conduct independent testing and investigation regarding a noise complaint. Any noise levels above the permitted levels set forth herein will constitute a violation and the Township may proceed with any and all enforcement options, at is discretion.

[6]

At the time a grading permit is issued for construction and/or operation of the use, the operator shall make an initial payment to the Township of $25,000 to be utilized by the Township to pay for all fees and costs incurred or to be incurred by the Township for reasonable and necessary expenses related to the enforcement of Subsection (18) ("posted escrow"). Such reasonable and necessary expenses may include, without limitation, the fees charged to the Township by professional consultants (including noise control engineers, noise consultants, acousticians, engineers, or other similar qualified professionals) and the expenses otherwise incurred by Township employees for noise, vibration, or any other monitoring, testing, or measurements conducted pursuant to Subsection (18). The posted escrow, and all future payments made pursuant to this Subsection, shall be held by the Township in an interest-bearing escrow account, and interest earned on said account shall be retained by the Township for administration of the account. The Township shall copy the operator on monthly invoices for such fees and costs. As costs are paid, the Township shall notify the operator of the amount needed to be added to the posted escrow to maintain its balance at $10,000, and the operator shall make payment thereof to the Township within five business days. Any amount remaining in the posted escrow account shall be refunded to the operator upon cessation of all drilling operations and removal of all equipment from the property.

(19)

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

(20)

No drill site lighting used for or associated with the drilling operation shall be positioned or directed in such a manner so that it shines directly on public roads, adjacent property or property in the general vicinity of the drill site. Site lighting shall be directed downward and shielded so as to avoid glare on public roads and adjacent properties. Lumen levels shall not exceed zero footcandles at the property line over the ambient, which shall be taken at a point six feet off the ground at least one hour after sunset and at least one hour before sunrise.

(21)

The applicant shall furnish to the Township a certificate of liability insurance naming the Township as an additional insured with respect to the operations conducted within the Township, showing proof of liability insurance covering commercials, personal injury, and general liability in amounts not less than $25,000,000 per occurrence. The applicant shall fully defend, protect, indemnify, and hold harmless the Township as more specifically set forth in Subsection C(42). The insurance coverage may consist of a combination of self-insurance, excess coverage, and umbrella coverage.

(22)

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.

(23)

Fracture fluid storage ponds, open pits, centralized impoundments, and reserve pits are prohibited.

(24)

Fresh water storage ponds and tanks are permitted. The use of non-potable water is strongly encouraged.

(25)

All earth moving activities and stormwater management on the planned surface location of the development or facility shall comply with the terms and conditions of a PADEP approved erosion and sedimentation control plan and all such applicable permits, as well as the Township's grading ordinance (within the Unified Development Ordinance) and stormwater ordinance.

(26)

The operator shall provide at least one security guard 24/7 at all times when drilling rig or hydraulic fracturing equipment is on the well site.

(27)

The operator shall install warning signs providing notice of the potential dangers at the well site along with contact information at the entrance to the site.

(28)

Except for emergency (as defined in the operator's PPC plan) and governmental compliance activity, under no circumstances may any operations, activities, or work related to oil and gas well drilling be performed on any access road or well site between the hours of 10:00 p.m. and 6:00 a.m., including without limitation the excavation of, alteration to, or repair work on any access road or well site, drilling, hydraulic fracturing, and any other similar operations, activities, or work.

(29)

The 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, to the extent allowed by law.

(30)

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.

(31)

All work-over operations shall be restricted to the hours of 7:00 a.m. to 6:00 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.

(32)

To the extent condensate tanks are utilized at or around the drill site, the 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.

(33)

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.

(34)

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.

(35)

Oil and gas facilities.

(a)

The following requirements shall apply to oil and gas facilities which employ the use of compressors, motors or engines as part of the operations and/or produce air-contaminant emissions or offensive odors, subsurface facilities, including horizontal drilling facilities, gathering system facilities and production facilities.

[1]

Natural gas processing plants and natural gas compressor stations shall be a principal use on a parcel.

[2]

Natural gas processing plants and natural gas compressor stations are a conditional use in the I-2 Heavy Industrial District only, subject to the setbacks set forth therein. All other oil and gas facilities are a conditional use within Cecil Township, subject to the setbacks below.

[3]

Other than natural gas processing plants and national gas compressor stations, which are zoned as set forth above, all other facilities shall be allowed not less than 2,500 feet from any protected structure, 5,000 feet from schools or hospitals, and not less than 250 feet from the nearest property line. Any lots that have obtained preliminary or final approval as a part of a major subdivision or master plan shall be considered for setback purposes. In the case of a lot which has received preliminary or final approval as part of a major subdivision or master plan, the facility shall be located not less than 1,000 feet from the nearest lot line of a lot that is part of the approved subdivision or plan.

[a]

In the event that an owner or occupant of a protected structure authorizes an oil and gas facility upon his or her property, such owners or occupants may authorize the waiver of Subsection C(35)(a)[3]:

[i]

In the event an owner or occupant authorizes such waiver, waiver shall under no circumstances be read as an approval of the oil and gas facilities activities at the proposed location. Applicant must still receive conditional use approval pursuant to this section.

[ii]

If an owner or occupant authorizes the waiver of Subsection C(35)(a)[3] of this section, such waiver applies only upon the owner or occupant's property, and not upon the property of any adjacent landowners or occupants. All requirements, criteria, conditions, and standards set forth within this section shall apply as to the property of any owner or occupant who has not authorized such waiver.

[A]

If there are other owners or occupants of protected structures located within the setbacks set forth in Subsection C(35)(a)[3], all other such owners or occupants must waive Subsection C(35)(a)[3] of this section, in writing, in order for the applicant's waiver to be effective.

[iii]

The applicant shall notify and obtain approval of the waiver in writing from all property owners adjacent to applicant's property, and shall obtain all written waivers as set forth in Subsection C(35)(a)[3][a][ii][A]. The applicant must provide the Township copies of all written waivers executed by any owner or occupant authorizing such waivers at the time it submits its Application to the Township.

[iv]

This Waiver Subsection C(35)(a)[3][a] shall not apply to any school or hospital. Schools and hospitals may not waive the setback requirements of Subsection C(35)(a)[3].

[4]

Adequate public utilities shall be available to meet the demands of the facility.

[5]

All noise-generating equipment and processes shall be contained within a completely enclosed building, and windows and doors shall remain closed during operation.

[6]

The site shall be designed utilizing natural topography and/or constructed of earthen mounds so as to obstruct visibility from adjacent streets and properties.

[7]

The storage, handling, transportation and disposal of hazardous or potentially hazardous materials shall be in accordance with all applicable permits and requirements of the Code of the Township of Cecil, the PADEP, and the United States Environmental Protection Agency.

[8]

Secondary containment shall be provided at sites utilizing liquid separators.

[9]

Compressors and other power-driven equipment shall use sparkless electrical motors, when practicable, as an alternative to internal combustion motors.

[10]

If an internal combustion engine is used, it shall not be discharged into the open air unless it is equipped with an exhaust muffler or mufflers or an exhaust muffler box constructed of noncombustible materials sufficient to suppress noise and disruptive vibrations and the ignition of carbon or soot. All such equipment shall be maintained in good operating condition according to the manufacturer's specifications.

[11]

A security fence, as specified in Subsection C(16), "Fencing, screening, and buffering," of this section, shall be set back at least 10 feet from the property line and 20 feet from a public right-of-way.

[12]

All construction related to the facility shall be performed between the hours of 7:00 a.m. and 6:00 p.m.

[13]

Oil and gas facilities are required to submit application through the Township's SALDO processes for approval.

[14]

Subject to the requirements set forth in this Subsection C(35) the following additional condition sections apply to oil and gas facilities: Subsection C(1), (2), (3), (4), (6), (7)(d) through (7)(h), (8), (13), (15), (16) (as modified above), (17), (18) (with the modification that dbc sound levels not to exceed 6 decibels over ambient at any time), (19), (20), (21), (22), (25), (29), (34), (37), (40), (41), (42).

(36)

Reclamation.

(a)

Reclamation shall be carried out on all disturbed areas in accordance with all applicable federal laws and regulations, and to achieve the following objectives:

[1]

Final soil profiles designed to equal or reduce soil erosion potentials over stable pre-operation conditions.

[2]

Restoration or enhancement of pre-existing visual character through planting of local or adaptive vegetation.

(b)

Final land forms shall be stable.

(c)

Disturbance of soil cover shall be minimized.

(d)

An abandoned site shall be securely and safely maintained until reclamation has been completed and revegetation permanently established.

(e)

Reclamation shall be initiated as soon as weather and growing conditions permit after the abandonment of the well or installation of production equipment and shall be completed no more than one year later.

(f)

Financial Security. At the time a grading permit is issued related to the use, a letter of credit or other financial security, in a form and amount approved by the Board of Supervisors during review of the conditional use, but not to exceed $50,000, shall be deposited with the Township to ensure compliance with the terms of this chapter and removal of all equipment when all drilling operations cease.

(g)

The operator of any well site shall notify the servicing fire department, emergency management coordinator, Township Zoning Officer and Township Engineer no less than 90 days prior to the abandonment or shutdown of any well site.

(37)

If any complaint is registered with the Township (other than noise and vibration complaints, set forth in Subsection C(18), the operator shall address the complaint within 24 hours of notification of such complaint and take all reasonable steps to alleviate and cure the complaint. The operator shall provide the Township and the complainant, in writing, with a proposed plan of action to address the issue. To the extent that the operator believes that any complaints received are not reasonable and valid, the operator shall also provide the Township with a prompt written explanation as to why it believes that any complaints received by the Township are not believed to be reasonable and valid upon its investigations or review of the same.

(38)

Any change in the site plan, including but not limited to any expansion of the ground surface area used and/or devoted towards drilling operations, and/or the addition of wellheads to the well pad or future drilling or redrilling or re-hydraulic fracturing beyond the initial conditional use approval requires a new conditional use approval pursuant to the terms and conditions of this section, or the applicable zoning provisions at the time of application.

(39)

The operator shall obtain a grading permit to commence work on Pad construction within two years of the date of this conditional use approval. Conditional use approval is non-transferrable without consent from the Board of Supervisors and shall automatically terminate, unless extended. Conditional use approval may be extended by the Board of Supervisors upon written request by the operator, after notice and hearing. The operator shall provide proof that the requested conditional use permit for such location has not changed and that the operator meets all applicable criteria contained in this section or any current amendments to this section. The maximum extension permitted shall be one 12-month extension.

(40)

The operator shall comply with all applicable performance standards set forth within Article XII of the Cecil Township Zoning Ordinance.

(41)

The Board reserves the right to attach such reasonable conditions and safeguards, in addition to those expressed in this chapter, as it may deem necessary to implement the purposes of this chapter and to address any unique characteristics of a particular drilling site which are not otherwise within the jurisdiction of federal and state regulations in accordance with the Pennsylvania Municipalities Planning Code. Such conditions shall be expressly set forth in the decision or order granting the conditional use.

(42)

The operator shall fully defend, protect, indemnify, and hold harmless the Township, its departments, officials, officers, agents, employees, volunteers and contractors from and against each and every claim, demand, or cause of action and any and all liability, damages, obligations, judgments, losses, fines, penalties, costs, legal and expert fees, and expenses incurred in defense of the Township, including, without limitation, personal injury and death in connection therewith which may be made or asserted by any third parties on account of, or arising out of, or in any way incidental to or in connection with the performance by the operator or its contractors/subcontractors.

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 $500 per day the violation exists (or the maximum amount allowed by law, whichever is greater), 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. In addition, the Township may institute injunctive or any other appropriate action or proceeding at law or in equity for the enforcement of this section. Any court of competent jurisdiction shall have the right to issue restraining orders, temporary or permanent injunctions, or other appropriate forms of remedy or relief. 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.

§ 240-61.1 Prinicipal solar energy system (PSES).

[Added 6-1-2026 by Ord. No. 3-2026]

General requirements.

(1)

PSES installers must demonstrate they are listed as a certified installer on the PA Department of Environmental Protection's ("DEP") approved solar installer list.

(2)

Unless otherwise set forth in this section, the PSES layout, design, and installation shall conform to: applicable industry standards; the Pennsylvania Uniform Construction Code as adopted by the Township; Chapter 210 of the Township Code of Ordinances, "Subdivision and Land Development;" Chapter 203 of the Township Code of Ordinances, "Stormwater Management;" United States Environmental Protection Agency Toxicity Characteristic Leaching Procedure Test; and all other applicable local, state, and federal regulations. The applicant shall submit to the Township evidence of having obtained all applicable permits, approvals, and certificates of compliance.

(3)

The applicant shall submit a plan for emergency response to potential hazards and incidents associated with the PSES that threaten life, property, or the environment. Upon request from the Township, the proposed operator will make available at its sole cost and expense an appropriate site orientation for first responders.

(4)

The PSES owner shall provide the Township written confirmation that the public utility company to which the PSES will be connected has been informed of the customer's intent to install a grid connected system and approved of such connection.

(5)

The PSES owner and/or operator shall provide to the Township and maintain the identity and phone number of a person for the public to contact with inquiries and complaints throughout the life and decommissioning of the PSES. The PSES owner and/or operator shall make reasonable efforts to respond to the public's inquiries and complaints.

(6)

The PSES owner and/or operator shall provide to the Township and maintain the identity and phone number of a person for the Township to contact in the event of an emergency. This information shall be conspicuously posted on the site for first responders.

(7)

In the event ownership or operation of the PSES is transferred or otherwise assigned, the Township shall be notified in writing and provided with all updated contact information required under this section (within 30 days of transfer or assignment).

Design, installation, and operation standards.

(1)

Minimum lot size shall be seven acres.

(2)

PSES may not be located within floodways identified in FEMA FIRM mapping, wetlands, wetland buffers extending 25 feet from any wetland, or slopes in excess of 15%.

(3)

All solar devices, principal and accessory buildings, structures, and other facilities associated with the PSES shall be set back the greater of 1) the setbacks for the zoning district (as set forth in the Township's Unified Development Ordinance); or 2) at least 50 feet from the related front, side and rear property lines or along a private or public street.

(4)

PSES shall not exceed 15 feet in height.

(5)

PSES shall meet the standards of § 151-2, Noise, of the Township Code of Ordinances.

(6)

PSES shall not be artificially lit except to the extent required for safety or by applicable federal, state, or local authority.

(7)

PSES shall be placed such that concentrated solar radiation, or glare, does not project onto nearby structures or roadways. The applicant has the burden of proving that any glare produced by the PSES does not have significant, adverse impact on neighboring or adjacent uses either through siting or mitigation.

(8)

The applicant must provide to the Township landscaping and landscaping maintenance plans that it will follow. Landscape buffering shall be required as set forth in the Township's Unified Development Ordinance ("UDO") Section 1506, or as determined by the Board of Supervisors.

(9)

PSES shall be completely enclosed by a minimum six-foot-high fence with a self-locking gate or a six-foot-high fence with barbed-wire and a self-locking gate. The fence shall be located between required buffer screening and PSES facilities.

(10)

A clearly visible warning sign shall be placed at the base of all pad-mounted transformers and substations and on the fence surrounding the PSES informing individuals of potential voltage hazards.

(11)

At a minimum, a 25-foot-wide access road (gravel or paved) must be provided from a public roadway to the site and be maintained free of dirt, dust, mud, and other debris.

(12)

Power and communication lines and pipes running between banks of solar panels, to nearby electric substations, and/or interconnections with buildings shall be buried underground and removed upon decommissioning.

(13)

The PSES owner shall repair, maintain and replace the PSES and related solar equipment during the term of the permit in a manner consistent with industry standards as needed to keep the PSES in good repair and operating condition.

(14)

Where the solar collection system consists of solar panels mounted above the ground surface allowing for vegetation below the solar panels, the horizontal area of the solar panels may be considered a Disconnected Impervious Area ("DIA") and therefore, will have no increase from the pre-development to post-development runoff coefficient. The horizontal area of solar panels can only be considered a DIA if all of the following conditions apply:

(a)

Where natural vegetative cover is preserved and/or restored utilizing low impact construction techniques from the Pennsylvania Department of Environmental Protection Stormwater Best Management Practices Manual, including, but not limited to the following: minimizing the total disturbed area, minimizing soil compaction in disturbed areas, and revegetating and reforesting disturbed areas using native species.

(b)

Where the vegetative cover has a minimum uniform 70% perennial vegetative cover with a density capable of resisting accelerated erosion and sedimentation.

(i)

For solar panels located on slopes of 0% to 15% a minimum four inches height of vegetative cover shall be maintained.

(ii)

Vegetated areas shall not be subject to chemical fertilization or herbicide/pesticides application, except for those applications necessary to establish the vegetative cover or to prevent invasive species and in accordance with an approved Erosion and Sediment Control Plan.

(c)

Where the solar panels within a solar array are arranged in a fashion that:

(i)

Allows the passage of runoff between each solar panel, thereby minimizing the creation of concentrated runoff.

(ii)

Allows for the growth of vegetation beneath the panel and between the solar arrays.

(15)

The PSES owner or operator shall maintain and provide proof of current general liability policy covering bodily injury and property damage and name the Township as an additional insured with limits of at least $2,000,000 per occurrence and $5,000,000 in the aggregate.

(16)

In the event of a power failure, portions of the PSES interconnected to a grid system shall shut down until full power is restored by the electrical utility company. The relevant components of the PSES shall be appropriately marked as such for emergency responders with sufficient warning and guidance provided. Such signage or marking material shall be weather resistant. An emergency shutoff mechanism shall be installed and notice of its location shall be provided for emergency responders.

(17)

Any battery energy storage systems associated with the PSES shall comply with applicable Township requirements for the same.

(18)

The PSES owner is required to notify the Township immediately upon cessation or abandonment of the PSES. The PSES shall be presumed to be ceased or abandoned if no electricity is generated by such system for a period of 12 continuous months.

(19)

The PSES owner shall have 12 months from cessation or abandonment in which to dismantle and remove the PSES, including all solar-related equipment or appurtenances related thereto, including but not limited to buildings, cabling, electrical components, roads, foundations, and other associated facilities from the property. The owner shall restore the land to its existing condition prior to development of the PSES, including vegetation and forestry plantings of the same type/variety and density as existed without reintroduction of invasive species, or establishment of native and/or adapted vegetation, including at a minimum perennial ground cover, on previously developed or disturbed sites. No portion of a solar energy system or its components shall be buried, placed on, or otherwise disposed of on the site of the solar farm, with the exception of concrete foundations required to be removed to a depth of three feet below grade.

(20)

Prior to issuance of a zoning permit and approval of a final land development plan, the PSES owner shall enter into a decommissioning agreement with the Township outlining responsibilities under this section and shall provide financial security in the form and amount specified below and acceptable to and in favor of the Township to secure its obligations under this section.

(21)

The applicant shall provide an estimate of the cost of performing the decommissioning activities required herein. The PSES owner shall provide financial security of 110% of the estimated cost of decommissioning. The estimate may include credit for the estimated salvage and resale value, discounted by a factor of 10%. On every fifth year anniversary of the date of providing the decommissioning financial security, the PSES owner shall provide an updated decommissioning cost estimate with adjustments for inflation and cost and value changes. If the decommissioning security amount increases, the owner shall remit the increased financial security to the Township within 30 days of approval by the Township of the updated decommissioning security. If the decommissioning security amount decreases by greater than 10%, the Township shall release from security any amounts held in excess of 110% of the updated decommissioning cost estimate.

(22)

The decommissioning security may be in the form of surety bond, cash deposit, irrevocable letter of credit, cashier's check, or escrow account from a federal or commonwealth chartered lending institution in a form satisfactory to the Township.

(23)

If the PSES owner fails to complete decommissioning within 12 months from cessation or abandonment, the Township may take such measures as necessary to complete decommissioning and recoup such payments, including reasonable attorneys' fees and engineering fees, from the security and/or lien of the property.

Cecil Township City Zoning Code

ARTICLE VIII

§ 240-45 Allowable use of land and buildings.

§ 240-46 Number of buildings per lot.

§ 240-47 Allowable setback encroachments.

§ 240-48 Accessory uses.

§ 240-49 Visibility at intersections.

§ 240-50 Exceptions to height limitations.

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

§ 240-52 Slope controls.

§ 240-53 Agricultural regulations.

§ 240-54 Animals.

§ 240-55 Communications facilities.

§ 240-56 Adult businesses.

§ 240-57 Heliports.

§ 240-58 Traffic impact studies.

§ 240-59 Bed-and-breakfast establishments.

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

§ 240-60 (Reserved) [1]

§ 240-61 Oil and gas development and facilities.

§ 240-61.1 Prinicipal solar energy system (PSES).