[Ord. 2008-1, 6/9/2008; as amended by Ord. No.
2024-1, 1/2/2024]
The regulations of the General Industrial District are designed
not only to provide for certain limited industrial uses and some related
commercial uses, but also heavy industrial uses that are not otherwise
permitted in the Limited Industrial District, with special criteria
to mitigate any adverse effects on surrounding less intense land uses
and zoning districts. These areas are located adjoining major roads
so as to permit adequate access to the sites while avoiding the use
of the Borough's residential streets by trucks and heavy vehicles
used to operate the processing and manufacturing facilities permitted
herein.
[Ord. 2008-1, 6/9/2008; as amended by Ord. No.
2024-1, 1/2/2024]
1. Forestry activities, subject to the conditions listed in §
14-2220 of this Chapter.
2. The following is a list of uses and/or activities that may be permitted within this district provided that the performance standards listed in §
14-1604, Subsection
1B, are satisfied, except that the hours of operations limitation of §
14-1604, Subsection
1B(13), shall not apply.
A. Manufacturing, processing, and accessory storage for manufacturing
and processing uses related to, but not limited to, the following:
(4)
Candy and other confectionary products.
(5)
Bottled and canned soft drinks, carbonated water and spring
water.
(7)
Apparel and other finished products made from fabrics and similar
materials.
(11)
Converted paper and paperboard products, except containers and
boxes.
(12)
Paperboard containers and boxes.
(13)
Printing, publishing, and allied industries.
(14)
Pharmaceutical preparations.
(15)
Glass products made of purchased glass.
(16)
Metal cans and shipping containers.
(17)
Cutlery, hand tools, and general hardware.
(18)
Metal doors, sash, frames, molding, and trim.
(19)
Wire springs, from purchased wire.
(20)
Fabricated pipe and fabricated pipe fittings.
(21)
Office, computing, and accounting machines.
(22)
Refrigeration and service industry machinery.
(23)
Electric transmission and distribution equipment.
(25)
Electric lighting and wiring equipment.
(26)
Radio and television receiving equipment.
(28)
Electric components and accessories.
(29)
Measuring, analyzing, and controlling instruments; photographic,
medical and optical goods; watches and clocks.
B. Retail businesses directly in connection with permitted uses, not
to exceed 30% of the gross leasable area of the building in which
it is located.
C. Office uses when directly in connection with permitted uses.
[Ord. 2008-1, 6/9/2008; as amended by Ord. 2017-1, 2/13/2017]
1. Upon
approval by Borough Council, the following conditional uses are permitted,
provided the use complies with the conditions listed herein and the
applicable requirements specified in Article 26 of this Chapter:
A. Stone
crusher and processing plants, concrete batch plants and bituminous
asphalt plants, customary accessory buildings and structures and delivery
to the plants and storage of raw and recycled materials and finished
products used by the foregoing uses.
B. Excavation,
extraction, or removal of rock and slag which are waste products or
stock piles from prior mining and extraction activities in the Borough.
C. Adult oriented businesses, subject to the conditions specified in §
14-2614 of this Chapter.
D. In addition to the requirements of §
14-1604, the conditional uses listed in paragraphs .A and .B above also shall be subject to the following:
(1) Granting of the conditional use shall be conditioned upon any permits
such as air quality or water quality required to be issued by the
Pennsylvania Department of Environmental Protection in connection
with said activities.
(2) The applicant shall provide a detailed written description of the
proposed use that details the following:
(a) The nature of the on-site processing operations, the materials used
in the process, the products produced and the generation and methods
of disposal of any wastes and/or by-products. In addition, the applicant
shall furnish evidence that the storage and disposal of materials
will be accomplished in a manner that complies with State and Federal
regulations.
(b) Any environmental impacts that are likely to be generated (e.g.,
odor, noise, smoke, dust, litter, glare, vibration, electrical disturbance,
waste water, stormwater, solid waste, etc.) and specific measures
employed to mitigate or eliminate any negative impacts. The applicant
shall further furnish expert evidence that the impacts generated by
the proposed use fall within applicable levels as regulated by applicable
laws and ordinances including, but not limited to, this Section.
(3) The proposed operation shall not adversely affect soil fertility,
drainage and lateral support of abutting land or other properties,
nor shall it contribute to soil erosion by water or wind.
(4) All operations shall be buffered from adjoining residential zoning
districts by a visual vegetative screen consisting of existing vegetation
or evergreen trees planted not more than 10 feet on center with a
minimum height at planting of six feet.
(5) Any entrance drives to a public street shall be screened to the extent
reasonably possible as in subparagraph (4) above.
(6) That portion of access roads located within 100 feet of any residence
shall be provided with a dustless surface. Access roads shall connect
to a major road as defined in Article 2 of this Chapter.
(7) A land development plan shall be filed with Cornwall Borough in connection
with any of the above uses except those involving transportation,
removal, loading and processing (including initial processing necessary
to transport materials to a central processing area) which use shall
not require land development plans, pursuant to the Pennsylvania Municipalities
Planning Code, 53 P.S. §10101 et seq.
[Ord. 2008-1, 6/9/2008; as amended by Ord. No.
2024-1, 1/2/2024]
1. No conditional
use or activity provided for in this Article and no use permitted
as of right shall be established in the General Industrial District
(GI) unless and until certification is provided to the Borough Council
or the Zoning Officer, as applicable, that satisfactorily demonstrates
compliance with the performance standards of this Section. Certification
shall consist of approvals through state or federal authorities, reports
or analyses by private consultants, engineers, etc., or other acceptable
sources.
A. Certification
Criteria. At a minimum the following issues shall be addressed as
a part of the performance standards certification:
(1) Detailed description of the industrial process to be established,
including the general type of equipment involved.
(2) Detailed description of environmental safety measures, existing and
proposed, which are required by other governmental agencies.
(3) Significant raw materials to be utilized and the location of their
source.
(4) Storage facilities required, both before and after processing has
taken place.
(5) Type of waste generated, the disposal method and location of the
waste disposal. If off-site, contracts/agreements with disposal sites
and haulers shall be included.
(6) Environmental monitoring measures, existing and proposed.
(7) Air and/or water quality controls, existing and proposed.
(8) Carrying capacity (load and volume) of Borough roads for transportation
of both raw materials and the finished product.
(9) If communication equipment is involved, detailed information concerning
the type of transmission and/or reception capabilities intended and
the resulting levels of radiation involved both on and off the property.
(10) Specific documentation of the requirements of paragraphs .B(1), .B(3),
.B(5), and .B(12).
B. Specific
Performance Criteria.
(1) No uses of land, buildings, and structures or industrial processes
shall be permitted that:
(a) Emit obnoxious, toxic, or corrosive fumes or gases.
(b) Emit odors that are perceptible at or beyond the lot lines.
(c) Emit noxious smoke from the primary activities of plant operations.
(d) Discharge into the air hazardous amounts of dust or other particulate
matter.
(e) Produce any heat or glare perceptible at or beyond the lot lines.
(f) Utilize lighting in a manner which produces glare perceptible at
or beyond the lot lines.
(g) Produce physical vibrations perceptible at or beyond the lot lines.
(h) Produce electromagnetic radiation or injurious radioactive emissions.
(i) Engage in the production or storage of any material designed for
use as an explosive.
(j) Engage in the storage of objectionable or toxic waste materials on
the lot for any period beyond 30 days.
(k) Discharge any untreated or potentially dangerous and/or toxic effluent
from plant operations.
(2) All uses permitted herein as conditional uses shall provide for storage
of flammable material in containers constructed of nonflammable material.
(3) The use and storage of all flammable and combustible liquids shall comply with the requirements set forth by the Fire Marshall Division of the Pennsylvania State Police, based on 37 Pa.Code, Chapters
11 and
13, and the following requirements, whichever are greater:
(a) All gasoline and petroleum pumps shall be located outside of buildings,
no less than 35 feet from any road right-of-way line or lot line.
(b) All fuel, oil, or similar combustible petroleum products storage
tanks shall be located at least 35 feet from any road right-of-way
or lot line.
(4) The site shall be served by an adequate supply of public or private
water and sewer.
(5) Noise levels shall not exceed 70 dBA as measured at the property
line of residentially zoned property except that noise levels greater
than 70 dBA shall be permitted where the site boundary borders Pennsylvania
State Game Lands or where the applicant obtains the written consent
of abutting residentially zoned property owners.
(6) In addition to the requirements of this district, all landscaping
and buffer area requirements shall comply with Article 23 of this
Chapter.
(7) A buffer area of 25 feet shall be required along the side and rear
perimeter of the property excepting driveways and conveyor passageways
may encroach on the buffer area.
(8)
Where industrial uses abut a residential district, the buffer area shall be a minimum of 100 feet and shall be planted with a double-wide dense screen planting (minimum width of 10 feet) for the entire length of the residential district area, except that this buffer and planting requirement shall not apply where the buffer area borders the Pennsylvania State Game Lands or where the applicant obtains the written consent of abutting residentially zoned property owners, in which case the buffer area of Subsection
1B(7) shall apply.
(a)
Except for signage and access roads, the buffer area set forth
herein shall be increased to a minimum of 200 feet from the right-of-way
line of Boyd Street for the first lot subdivided from a parent tract
or use developed on a parent tract. The buffer area shall be increased
to an average of 400 feet from the right-of-way line of Boyd Street
for the second and subsequent lots subdivided from or uses developed
on a parent tract. The screen planting requirement shall be waived
so long as the buffer area remains undisturbed forest.
(b)
Except for signage, the buffer area set forth herein shall be
increased to a minimum of 400 feet from the right-of-way line along
any boundary of the applicant's site which abuts U.S. Route 322;
provided, however, that the screen planting requirement shall be waived
so long as the buffer area remains undisturbed forest.
(9) The required yard space shall be considered as part of the buffer
area and shall be planted with grass seed, sod or ground cover or,
where specified, screen plantings. Buffer areas shall be maintained
and kept free of all debris and rubbish. The yard space planting requirement
set forth herein shall not be applicable where the yard space borders
Pennsylvania State Game Lands or where the applicant obtains the written
consent of abutting residentially zoned property owners.
(10) No principal or accessory structure, manufacturing or processing
activity, or storage of materials shall be permitted in buffer areas;
however, access drives may cross buffer areas. In side or rear yards
the parking of employees or visitor automobiles may be permitted in
that portion of the required side or rear yard which is not a part
of the buffer area. In the front yard, parking shall not be permitted
within 25 feet of any street or road right-of-way; provided, however,
that the minimum 25 feet is satisfied, up to 50% of the required front
yard may be utilized for parking facilities.
(11) All loading and unloading facilities shall be located other than
in buffer and/or yard areas.
(12)
Where trip generation estimates for all existing and proposed
development of a parent tract will exceed 175 average daily trips
for all vehicles or five average daily trips for trucks larger than
box trucks, all new streets and all access drives installed shall
include measures to prevent vehicles other than passenger vehicles
or box trucks entering on to Boyd Street and turning west in accordance
with this section. The applicant shall provide traffic counts for
all exiting uses on a parent tract and trip generation estimates for
all proposed uses based on an accepted standard such as the Institute
of Traffic Engineers Trip Generation Manual. Such information shall
be included with any application for subdivision or land development
approval and for issuance of a zoning permit, and the design of such
measures shall be included on any subdivision or land development
plan for land within the General Industrial District. An applicant
required to install measures to prevent vehicles entering on to Boyd
Street and turning west shall install:
(a)
Barriers, which may include raised medians, curbs, and/or deflectors.
If it is not possible to design a barrier which will prevent trucks
larger than box trucks from turning west while allowing smaller vehicles
to turn west, then all west turns shall be prevented. Such barriers
shall be permanently maintained.
(b)
Signs at access drives identifying prohibited turning movements.
Such signs shall be permanently maintained and replaced within 24
hours if damaged.
(c)
If the occupant of the lot maintains a website, the occupant
shall post information on its website identifying the prohibited turning
movements and preferred traffic route.
(13) The conditional uses provided for herein shall operate only between
the hours of 6:00 a.m. to 10:00 p.m., Monday through Friday, and 7:00
a.m. to 12:00 noon, Saturday, unless otherwise specifically provided
for in the terms of the conditional use permit granted by Borough
Council.
[Ord. 2008-1, 6/9/2008]
Off-street parking shall be provided for in accordance with
Article 24 of this Chapter.
[Ord. 2008-1, 6/9/2008]
Signs shall be permitted in accordance with Article 25 of this
Chapter.
[Ord. 2008-1, 6/9/2008]
The supplementary district regulations in Article 22 unless
otherwise specified heretofore in this Article, shall apply where
applicable, as additional requirements for this district.
[Ord. 2008-1, 6/9/2008]
The environmental and energy requirements in Article 23, unless
otherwise specified heretofore in this Article, shall apply, where
applicable, as additional requirements for this district.