[Ord. 2008-1, 6/9/2008]
The supplementary district regulations are designed to contain
list of complementary and general requirements, which augment and
clarify regulations listed elsewhere in this Chapter. Where applicable,
these regulations shall apply uniformly to every use, activity, building
or structure hereafter erected, altered, established or expanded.
These regulations apply to all zoning districts and are listed comprehensively
herein to avoid duplication and repetition throughout the remainder
of this Chapter.
[Ord. 2008-1, 6/9/2008]
1. Any
building or structure attached to a principal building in any manner
shall comply in all respects with the yard requirements of this Chapter
for a principal building.
2. No separate
or detached accessory building or accessory structure shall be permitted
in any required front yard.
3. No separate
or detached accessory building or accessory structure shall be permitted
to be located closer to the minimum required front setback line than
the front facade of the principal building, except in the following
situations:
A. No
separate or detached accessory building or accessory structure need
have a setback greater than the average of the two existing principal
buildings or structures with the greatest setbacks located on adjacent
lots on each side of the said proposed separate or detached accessory
building or accessory structure, on the same side of the street, within
the same block, and within the same zoning district.
B. On
lots of 2.4 acres or more, when the location of the principal building
or structure is at a distance equal to or greater than three times
the minimum required front building setback, a separate or detached
accessory building or accessory structure may be located in front
of the front facade of the principal building or structure; provided,
however, that the accessory building or accessory structure shall
not be located closer to the minimum required front building setback
line than a distance equal to 50% of the distance between the required
front building setback line and the front facade of the principal
building.
4. Detached
Private Garages. Detached private garages in rear yards shall be located:
A. A minimum
of 1½ feet from any side property line and a minimum of three
feet from any rear property line in the RMD, RSP, and RV Districts.
B. A minimum
of 10 feet from any side or rear property line in all other districts,
unless otherwise specified.
C. In
all districts, where the entrance to a garage abuts a public alley,
said garage entrance shall be no less than 15 feet from the right-of
way of such alley.
5. Other
Detached Accessory Buildings. Other detached accessory buildings may
be located in any required rear yard provided that such detached accessory
buildings shall be located a minimum of 1½ feet from any property
line in the RMD, RSP, and RV Districts, and a minimum of five feet
from any property line in all other districts, unless otherwise specified.
6. Applications
for accessory buildings and structures proposed to be located less
than three feet from a property line shall be accompanied by a written
access agreement with the adjacent property owner(s) for maintenance
purposes.
[Ord. 2008-1, 6/9/2008]
1. Private,
noncommercial swimming pools, spas, or whirlpools, which are designed
to contain a water depth of 24 inches or more, regardless of whether
they are permanently affixed or movable, shall be located on the same
lot or tract as the dwelling and shall be permitted neither in the
required front yard nor closer to any street line than the dwelling.
In all other yards, a pool, spa, or whirlpool shall not be closer
than 15 feet to any lot line, as measured from the water’s edge.
All pools, spas, or whirlpools, shall be completely enclosed with
a continuous impenetrable fence or barrier no less than four feet
in height above the ground level and shall be equipped with a lockable
gate or retractable ladder which prevents access at less than four
feet. Any deck, patio, or impermeable surface, not under roof or otherwise
enclosed, which surrounds, is attached to, or associated with a pool,
spa, or whirlpool shall be no closer than 10 feet to the side or rear
lot line.
2. Private
tennis courts shall be permitted within the side or rear yard, provided
that such facility shall not be less than 15 feet from side or rear
lot lines.
3. Antennas–not
including commercial communications antennas (cell sites).
A. Antennas
may be located as an accessory use in any conservation/recreation,
residential or agricultural district provided that the following conditions
are met:
(1) Only one each of any particular type of antenna shall be permitted
on a lot.
(2) Roof-mounted antennas, including satellite dish antennas, shall only
be located on principal structures and shall be subject to review
and approval for compliance with current building code requirements.
Maximum height of a roofmounted antenna shall not exceed that permitted
for the principal structure.
(3) Ground-mounted antennas, including satellite dish antennas, shall
be located to the rear of the front building line of the principal
structure, shall be mounted at ground level and shall be anchored
to prevent lateral movement. Side and rear setbacks of 10 feet shall
be maintained. Ground-mounted antennas shall not exceed 15 feet in
height.
(4) Fixed-guy antenna towers shall be fascia-mounted or guyed according
to approved standards and shall not extend more than 35 feet in height
above ground level. Wire antennas that are not self-supporting shall
be supported by objects within the property lines but not within any
front yard areas. Antenna towers shall be located to the rear of the
front building line of the principal structure and at least 10 feet
from side and rear lot lines. No portion of any antenna array shall
extend beyond the property lines or into any front yard area. Guy
wires shall not be anchored within any front yard area but may be
attached to the principal structure.
(5) Antennas shall meet all manufacturer’s specifications and shall
be neutral in color so as to be as nonintrusive as possible.
B. Antennas
may be located as an accessory use in any commercial or industrial
district.
C. Transmission
and/or reception antennas are not excluded from the height requirements
of this Chapter.
4. Nothing
in this Section shall be construed to limit other uses not mentioned
so long as they are clearly accessory to the principal permitted use
of the land and do not create a threat to the public health, safety,
and/or welfare of the community.
[Ord. 2008-1, 6/9/2008]
1. The
following projections shall be attached to a building, may be permitted
in required yards and shall not be considered in determination of
yard size.
A. Patios,
paved terraces, decks or open, unroofed porches shall be permitted
in all yards provided that such structures (1) shall be no closer
than five feet to any lot line and (2) shall not exceed the maximum
lot coverage allowed for the property.
B. Projecting
architectural features–bay windows, cornices, eaves, fireplaces,
chimneys, window sills, or other architectural features, provided
they do not extend more than five feet into any required yard nor
closer than three feet to any adjacent property lines; however, any
canopies, porte cochere or other roofs that extend more than five
feet from the building line as defined in Article 2 of this Chapter
shall be subject to the yard requirements applied from the lot line
to the edge of the roof.
C. Stairs,
landings, and docks that are unroofed, provided that they are no closer
than five feet to any lot line. Open balconies or fire escapes provided
such balconies or fire escapes are not supported on the ground and
do not project more than five feet into any required yard nor closer
than five feet to any adjacent property line.
[Ord. 2008-1, 6/9/2008]
In any district, a building or structure may be erected, altered,
or extended and land may be developed which is arranged, intended,
or designed for municipal recreational uses or other community municipal
uses including, but not limited to, community parks, swimming pool
associations, libraries, museums, municipal buildings, post offices,
etc. Such buildings and structures shall meet all lot and yard requirements
of the district in which they are to be located.
[Ord. 2008-1, 6/9/2008]
1. Purpose.
A. It
is the purpose of this Section to permit a more varied, efficient,
and economical development pattern; to foster the protection of critical
natural resources, such as streams, groundwater, floodplains, wetlands,
steep slopes, woodlands and wildlife habitat areas; and to conserve
open space areas within residential subdivisions.
B. By
providing for lot averaging, impervious cover and other improvements
may be reduced, resulting in a lesser increase in stormwater run-off
as well as a reduction in subdivision improvement costs.
C. By
providing for lot averaging, it is the specific goal of the Borough
to minimize the potential adverse aesthetic effects of conventional
land development as a whole and on neighboring property owners in
particular, by encouraging the use of site planning which will reduce
the visual impact of development from the vantage point of surrounding
properties and nearby public roads.
2. Eligibility.
As a design option, a developer may be allowed to modify the area
and bulk regulations for single-family residential development only,
provided the following procedures and conditions are met:
A. Lot
averaging shall be permitted in the Conservation Recreation (CR) and
Residential Forest (RF) zoning districts.
B. The
tract of land to be subdivided shall be contiguous and shall be held
in single and separate ownership.
C. The
site shall be suitable for development in the manner proposed without
hazards to persons or property, on or off the site, due to flooding,
erosion or other dangers or inconveniences. Conditions of soil, groundwater,
drainage and topography shall be compatible with proposed site design.
D. Site planning, including layout of streets and lots shall be in compliance with the purposes and standards of this Chapter and of the Cornwall Borough Subdivision and Land Development Ordinance [Chapter
13].
3. Lot
Averaging Controls. No lot of such size as to be capable of further
subdivision under the district regulations shall be included in determining
the average lot area unless the possibility of such further subdivision
is eliminated by a deed restriction or agreement in a form acceptable
to the Borough and duly recorded in the office of the Recorder of
Deeds of Lebanon County.
4. Area
and Bulk Regulations.
A. For
developments utilizing the lot averaging design option, the following
minimum area and bulk regulations shall apply:
|
CR
|
RF
|
---|
Normal Minimum
|
|
|
Lot size
|
5 acres
|
2.4 acres
|
Lot width
|
300 feet
|
250 feet
|
Front yard
|
75 feet
|
75 feet
|
Side yard
|
50 feet
|
50 feet
|
Rear yard
|
75 feet
|
75 feet
|
Lot coverage (maximum)
|
5%
|
10%
|
Lot-Averaging Minimum
|
|
|
Lot size
|
1 2/3 acres
|
1 2/3 acres
|
Lot width
|
150 feet
|
150 feet
|
Front yard
|
40 feet
|
40 feet
|
Side yard
|
20 feet
|
20 feet
|
Rear yard
|
40 feet
|
40 feet
|
Lot coverage (maximum)
|
25%
|
25%
|
B. Notwithstanding
the minimum lot size required in the base zoning district and the
requirements above, if strict compliance with the minimum results
in as otherwise unacceptable development design, Borough Council,
by conditional use, may permit a further reduction in the minimum
lot size if it will promote the objectives of this Chapter.
[Ord. 2008-1, 6/9/2008]
1. On a
corner lot in any district a clear sight triangle shall be provided
at all intersections. Within such triangles, no vision obstructing
objects (other than utility poles) shall be permitted which obscure
vision above the height of 30 inches and below 10 feet as measured
from the centerline grade of the intersecting streets. Such triangles
shall be established for a distance of:
A. Seventy-five
feet from the point of intersection of the center lines of intersecting
streets, except that.
B. Clear
sight triangles of 100 feet shall be provided for all intersections
with arterial and major streets.
C. Pennsylvania
Department of Transportation regulations relating to clear sight distance
for truck traffic shall be applicable to all commercial or industrial
subdivisions and land development applications in the Borough.
[Ord. 2008-1, 6/9/2008]
Unless otherwise regulated, fences, walls, and hedges may be
permitted in any required yard or along the front property line; however,
any fence, wall or hedge located along the sides or front edge of
any minimum required front yard, shall not be over 36 inches in height
and shall not obstruct visibility. Furthermore, not withstanding other
provisions of this Chapter, fences, walls and hedges in residential
districts shall not exceed six feet in height unless that portion
above six feet shall remain 50% open. The finished or decorative side
of all fences shall face the adjoining property. The support posts,
etc., shall be installed on the owner’s side of the fence.
[Ord. 2008-1, 6/9/2008]
In any district, more than one structure housing a permitted or permissible principal use may be erected on a single lot, provided that the yard and other requirements of this Chapter and the Cornwall Borough Subdivision and Land Development Ordinance [Chapter
13] shall be met for each structure as though it were on an individual lot.
[Ord. 2008-1, 6/9/2008]
Every building hereafter erected or moved shall be on a lot
adjacent to a public street, or provided with a lawfully established
means of access to an approved public or private street. All principal
structures shall be so located on lots as to provide safe and convenient
access for standard vehicles for servicing, fire and police protection,
and required off-street parking. If the Zoning Officer determines
that existing or proposed access does not meet the above criteria,
the property owner shall improve or obtain access to meet the above
criteria and, where requested by the Zoning Officer, provide written
certification by appropriate emergency management officials to verify
feasible emergency vehicle access.
[Ord. 2008-1, 6/9/2008; as amended by Ord. 2009-1, 7/13/2009]
In the interest of protecting the public health, safety, and
welfare, every building or structure hereafter erected, altered, or
moved upon any premises and used in whole or in part for dwelling,
commercial, or recreational business, or industrial purpose shall
be provided with both a safe and sanitary water supply and a safe
and sanitary means of collection and disposal of residential, commercial,
or industrial sewage. Such facilities shall conform to the minimum
requirements set forth by the Department of Environmental Protection.
[Ord. 2008-1, 6/9/2008]
Unless otherwise regulated in this Chapter, every dwelling unit
hereafter designed, established, or erected shall contain a minimum
habitable floor area of 700 square feet, or a total of 175 square
feet per person residing in the dwelling, whichever is greater. Existing
two-family or multi-family development shall only be expanded or enlarged
provided that a minimum lot area of 3,000 square feet is provided
for each dwelling unit located on said property.
[Ord. 2008-1, 6/9/2008]
1. Front
yards are required on both street frontages, and one yard other than
the front yards shall be deemed to be a rear yard, and the other (or
others) side yards.
2. In the
case of a corner lot possessing frontage on two or more public streets,
the setback lines shall be determined by the following standards:
A. At
least one front setback shall be provided at the full distance required
generally for the district in question.
B. The
second (or subsequent) front setbacks, hereinafter referred to as
secondary front setbacks, shall not have less than one-half the full
distance required for the district in question.
Provided, however, in no instance shall a secondary front setback
be less than the minimum side yard setback required in the district
in question.
3. The
rear yard shall be that yard which is opposite and most distant from
the front lot line on of street of address.
[Ord. 2008-1, 6/9/2008]
The height regulations of this Chapter shall not apply to church
spires; farm structures when permitted by other provisions of this
Chapter (e.g. silos, barns, etc.); belfries, cupolas, penthouses,
and domes not used for human occupancy; chimneys, ventilators, skylights,
water tanks, bulkheads, and similar features; utility poles and standards;
and necessary mechanical appurtenances usually carried above the roof
level. Such features, however shall be erected only to such height
as is necessary to accomplish the purposes they are to serve and then
only in accordance with any other governmental regulations. Transmission
and/or reception antennas are not excluded from the height requirements
of this Chapter.
[Ord. 2008-1, 6/9/2008]
Upon notification and request by the Zoning Officer, any building
or structure which has deteriorated to the state where it is dangerous
and/or unsafe for human occupancy, constitutes a fire hazard, endangers
surrounding buildings, shelter rats or vermin, or endangers the safety
of children playing thereabouts, shall be repaired, altered or remove
to eliminate the dangerous conditions. Such improvement shall commence
within 30 days and be completed within 90 days of notification by
the Zoning Officer.
[Ord. 2008-1, 6/9/2008; as amended by Ord. No.
2023-2, 8/14/2023]
1. The
raising, breeding, keeping, or care of animals, livestock, fowl, and
pets shall be subject to the regulations of the applicable zoning
district and the following standards:
A. Customary
household pets are permitted within any zoning district, provided
that pet numbers and location do not constitute a pet kennel, unless
kennel regulations are satisfied and pet kennels are permitted in
that district.
B. Novelty
pets are permitted within any zoning district, provided that they
are kept inside a dwelling and do not constitute a health or safety
hazard.
C. Pet
kennels are permitted as specified within the zoning district. Existing
pet kennels in zoning districts where not permitted by this Chapter
shall be limited in expansion or alteration by the nonconforming use
restrictions of Article 27 and a minimum 100 feet setback from any
road right-of-way or lot line.
D. Riding
academies and public or private stables for horses are permitted where
specified within the zoning districts, subject to the conditions therein.
E. Non-intensive
animal husbandry is a permitted use within the Agricultural District.
Elsewhere, existing non-intensive animal husbandry uses may be continued
and expanded only when in compliance with the nonconforming use restrictions
of Article 27 and provided a minimum of 100-foot setback from any
road right-of-way or lot line is maintained for any building expansion
which houses animals.
F. Raising and Keeping of Chickens as a Residential Accessory Use. Chickens
may be kept as an accessory use to a dwelling within the Borough subject
to all of the following regulations:
(1)
Chickens may be kept for personal use and consumption only.
No commercial sales, breeding or other commercial endeavor with regards
to the chickens or eggs generated thereby is permitted. All eggs must
be for the personal use of the occupants of the dwelling or for sharing
with relatives/neighbors. No eggs can be sold or bartered.
(2)
A maximum of 15 chickens shall be allowed on the lot. No roosters
shall be permitted.
(3)
All chickens shall be kept in a chicken coop or within a fenced
area at all times. No chicken coops or fenced areas shall be permitted
in the front or side yard of any lot, and all chicken coops and fenced
areas for chickens shall meet the setbacks for accessory structures
in the applicable zoning district.
(4)
Chicken coops and fenced areas for chickens shall be maintained
in a clean, dry, odor-free, and sanitary condition at all times. The
lot owner shall insure that manure is properly handled and disposed
of. No manure shall be allowed to enter the Borough's municipal
small stormwater system.
(5)
Chickens shall not be permitted to roam outside of a fenced
area on the lot or off the lot.
(6)
The lot owner shall take all action necessary to reduce the
attraction of rodents and predators and potential infestation of insects
or parasites. Sick chickens or those found to be infested with parasites
or insects shall be removed or treated. Dead chickens shall be removed
and properly disposed of immediately upon discovery.
[Ord. 2008-1, 6/9/2008; as amended by Ord. 2019-4, 12/9/2019]
1. Automotive
vehicles or trailers of any kind without current, valid license plates
and State inspection shall not be parked or stored on any property
or along public streets in any zoning district, except as provided
below:
A. Not
more than one automotive vehicle that is not currently licensed may
be parked on a lot provided that said vehicle is (1) parked within
a car port or (2) screened from view of the street.
B. Automotive
vehicles or trailers of any kind without current, valid license plates
and State inspection may be stored in completely enclosed buildings
or properly approved junkyards.
C. The
requirements of this Section shall not be applicable to working farm
equipment and other working vehicles used in the Agricultural District
but which are not used as a means of conveyance on public highways.
[Ord. 2008-1, 6/9/2008; as amended by Ord. No.
2024-2, 9/9/2024]
1. For purposes of these regulations, major recreational equipment and/or
tractor trailers, etc., are defined as including boats; snowmobiles,
all-terrain vehicles (ATVs) and similar off-road vehicles; travel
trailers, pick-up campers or coaches (designed to be mounted on automotive
vehicles), motorized dwellings, tent trailers, and the like; trailers,
cases or boxes used for transporting recreational equipment, whether
occupied by such equipment or not; and tractor trailers, rigs, or
cabs.
2. Major recreational equipment and/or tractor trailers, etc., may be
parked or stored on any property in a commercial or industrial district
subject to the yard setbacks of the applicable off-street parking
regulations for that district.
3. Major recreational equipment and/or tractor trailers, etc., may be
parked or stored in the Conservation Recreation District, Agricultural
District, Low Density Residential District, Medium Density Residential
District, Special Purpose Residential District, Village Residential
District, and Residential Industrial District subject to the following
regulations:
A. Major recreational equipment and/or tractor trailers, etc. shall
be parked or stored: 1) in a carport; 2) in an enclosed building;
or 3) to the rear of the front building line. Such equipment may not
be parked or stored within any public right-of-way.
B. If major recreational equipment and/or tractor trailers, etc., is
parked or stored to the rear of the front building line, a minimum
setback of 10 feet shall be maintained from any side or rear property
line. The above mentioned side or rear setback may be reduced to five
feet, provided that a screen planting (as defined in Article 23 of
this Chapter) is established and maintained between the equipment
parking area and any adjacent property line(s).
C. For load and unloading purposes only, major recreational equipment
and/or tractor trailers, etc., may be parked anywhere on the lot for
a period not to exceed 24 hours.
D. No major recreational equipment and/or tractor trailer, etc., shall
be used for a permanent residence, or any other living, sleeping,
or housekeeping activities when parked or stored on a lot.
4. Within the Residential Forest District, major recreational equipment
and/or tractor trailers, etc., shall be subject to the following regulations:
A. No major recreational equipment and/or tractor trailers, etc., may
be parked in front of the house line.
B. No major recreational equipment and/or tractor trailers and no trailers
of any kind or any size may be parked within 50 feet of the street
right-of-way.
C. No enclosed trailer with any advertising, name of business, business
logo, or other commercial lettering may be parked in front of the
house line.
D. No open trailer over 18 feet in length may be parked within the required
front yard.
E. No major recreational equipment and/or tractor trailer, etc., shall
be used for a permanent residence, or any other living, sleeping,
or housekeeping activities when parked or stored on a lot.
[Ord. 2008-1, 6/9/2008]
1. For
the purposes of this Chapter, public utilities exemptions to district
requirements shall extend only to accessory support and maintenance
structures and buildings not requiring human occupancy. Such uses
and structures including fences shall be located no closer than 10
feet to any lot line or road right-of-way line. Principal utility
structures (e.g., sewage treatment plants, electrical power plants,
etc.) shall be permitted on any district but shall comply in all respects
with the requirements for a principal use of the district in which
it will be located. In either case, said utility corporation shall
secure a building and zoning permit from the Zoning Officer, after
approval by Borough Council, prior to the start of construction. Said
permit application shall include any and all approvals required buy
other agencies, etc., for the use specified.
2. Public
Utility Corporations. The provisions of this Chapter shall not apply
to any existing or proposed building, or extension thereof, used or
to be used by a public utility corporation if, upon petition of the
corporation, the Pennsylvania Public Utility Commission shall, after
a public hearing, decide that the present or proposed situation of
the building in question is reasonably necessary for the convenience
or welfare of the public. It shall be the responsibility of the Pennsylvania
Public Utility Commission to ensure that both the corporation and
the Borough have notice of the hearing and are granted an opportunity
to appear, present witnesses, cross-examine witnesses presented by
other parties and otherwise exercise the rights of a party to the
proceedings.
[Ord. 2008-1, 6/9/2008]
1. Purpose.
A. To
provide for the regulation of such activity to ensure:
(1) That long-term production of timber crops is encouraged.
(2) That the right to harvest trees is exercised with due regard for
the protection of the physical property of adjacent landowners.
(3) That the potential for negative environmental impacts resulting from
improper tree harvesting is minimized. Such as excessive stormwater
run-off, excessive erosion and sedimentation, and landslides.
2. Intent.
It is the intent of this Section to regulate timber harvesting practices
and to allow for and encourage proper forest management within Cornwall
Borough.
3. Definitions.
The following words are defined as they are used in this Section:
FELLING
The act of cutting a standing tree so that it falls to the
ground.
LANDING
A place where logs are assembled for transportation in loads.
LOGGING PLAN
A written description with a map of a specific logging operation
prepared before the operation commences.
LOPPING
To cut tops and slash into smaller pieces to allow material
to settle close to the ground.
OPERATOR
The individual, partnership, company, firm, association,
or corporation engaged in the harvest of timber including his agents,
or subcontractors or employees.
OWNER
The individual, partnership, company, firm, association,
or corporation which holds title to standing timber and to the land
on which it is situated, including his agents or subcontractor or
employees.
SKIDDING
Dragging trees on the ground, by any means, from the stump
to the landing.
SLASH
Debris left after logging, including logs, chunks, bark,
branch, stumps and broken under story trees or brush.
STREAM
Any continuous channel of conveyance of surface water having
a defined bed and banks, whether natural or artificial, with perennial
or intermittent ephemeral flow.
TOPS
The upper portion of a felled tree not merchantable, because
of small size, taper, or defect.
BASAL AREA
The area in square feet per acre occupied by tree stems at
4.5 feet above the ground normally measured by a calibrated prism
or angle gauge.
4. Applicability.
The provisions and requirements of this Chapter shall apply to all
tree harvesting operations within the Borough except that:
A. No
permit or plan submission shall be required for:
(1) Removal of individual trees for landscaping around permanent, structures.
(2) Cutting trees for creation of a product where the use is noncommercial
and intended to be utilized on the property.
(3) Removal of trees posing a hazard to life or property.
(4) Removal of individual decayed or diseased trees.
B. Submission
of a plan prior to the start of operations, is required but no specific
approval or permit shall be required for:
(1) Timbering operation on a tract of ground less than five acres.
5. Responsibility.
It shall be the responsibility of each operator and landowner on whose
land tree harvesting is to be carried out to develop or have developed
the logging plan, and submit notification as required in this Chapter.
It shall be the joint responsibility of the landowner and the operator
to see that they carry out the provisions of the logging plan.
6. Regulations.
A. A logging
plan shall be prepared for each tree harvesting operation within Cornwall
Borough.
B. Such
plan will address all applicable erosion and sedimentation control
and stream crossing regulations under 25 Pa.Code, Chapter 102, Erosion
Control Rules and Regulations issued under Act of June 22, 1937, P.L.
1987 (Clean Streams Law), and 25 Pa.Code, Chapter 105, Dam and Waterway
Management Rules and regulations issued under Act of 1978, P.L. 1375,
No. 325 (Dam Safety and Encroachments Act).
C. Points
that shall be addressed by the logging plan including the following
as a minimum:
(2) Water control structures.
(5) Haul roads, skid roads, and skid trails.
(8) Road and log landing retirement.
(9) The general location of the anticipated operation in relation to
municipal and State highways on a topographic base.
(10) The location of property boundaries and adjoining property owners
for the tract on which the logging will take place and the boundaries
of the proposed harvest area.
(11) Location of all streams, wetlands and drainage ways within and immediately
adjacent to the timber area.
(12) Location and description of any devices that will be utilized for
work in and around wetlands.
(13) The logging plan shall contain a statement under signature of a qualified
forester that the plan complies with “sound timber management
practice” and except for circumstances governed by the provision
herein will result in a continuing timber resource on the property.
Provided, however, when the timber is being removed to prepare the
land for another permitted use, no such representation shall be required
provided the applicant provides copies of all required permits to
the Zoning Officer with the logging plan.
(14) The logging plan shall contain a representation under signature of
the operator that he will comply with all provisions of this Chapter
and maintain erosion and sedimentation controls until all disturbed
areas are re-vegetated.
(15) The logging plan shall describe the methods that will be utilized
in re-vegetating log landings and side trails at the conclusion of
operations.
(16) The logging plan shall identify all public thoroughfares in the Borough
over which logs will be hauled from landing to mill.
D. The
plan shall be filed with the Borough except for operations exempted
under subsection .4.A above.
E. All
erosion and sediment control and stream crossing requirements shall
be followed at all times during the operation, unless amended by the
Zoning Officer approves an amendment.
F. General
Operational Requirements. The following requirements shall govern
all timber harvesting activity.
(1) Felling or skidding on or across any public thoroughfare is prohibited.
(2) No tops or slash shall be left within 25 feet of any public thoroughfare.
(3) All tops and slash between a distance of 25 feet and 50 feet from
a public thoroughfare shall be lopped to a maximum height of four
feet above the surface of the ground.
(4) No tops or slash shall be left on or across a property boundary without
the consent of the adjoining landowner.
(5) Litter resulting from any logging operation shall be cleaned up and
removed from the site before it is vacated by the operator.
(6) No tops or slash shall be left within 25 feet of any recreational
trails.
(7) Tops and slash shall be lopped to a height not more than four feet
above the ground surface for a distance of between 25 feet and 50
feet of any recreational trails.
(8) Because streams are an important natural resource, which need special
protection, logging within 75 feet of streams is prohibited unless
all of the following conditions are met:
(a) The basal area of trees in that area within the seventy-five-foot
zone shall not be reduced below 50% of the basal area present before
cutting or below 65 square feet per acre, whichever is higher.
(b) Trees to be cut within the seventy-foot zone described shall be marked
above and below stump height with tree marking paint prior to the
issuance of permit.
(c) Trees or logs shall not be skid or transported within 50 feet of
stream beds or drainage ways, except at planned crossings.
(9) Where the logging does not leave, at least, 30 square feet of basal
area per acre in areas with a slope of 20% or greater, the plan shall
include provisions for stormwater management devices sufficient to
prevent any increase in run-off from the 100-year storm to any area
down stream.
(10) On all properties except those utilized as single-family, owner occupied
residential dwellings, a barrier co-extensive with the building setback
zone in areas bordering residential and commercial district shall
be established in which no more than 50% of the basal area of trees
(at 4.5 feet) shall be removed. Trees cut in the setback area shall
be marked above and below stump height with tree paint prior to the
start of logging tops and slash shall be cut to no more than four
feet in the setback area.
7. Permit.
A. No
operator shall begin any timber harvesting operation in Cornwall Borough
without first securing a timbering permit, except as exempted, there
from, in subsection .4 above.
B. Upon
approval by Borough Council, the Zoning Officer shall promptly issue
a permit upon submission of a complete application consisting of:
(1) Logging plan as specified in subsection .6.
(2) Proof of insurance by the operator of State Workmen’s Compensation
for all employees, or employees of subcontractors, and public liability
insurance in an amount of, at least, $300,000 and including damage
to streams and public property.
(3) Payment of a permit fee following notification by the Zoning Officer
of acceptance of the application. Such fee will be in the amount as
specified by resolution of Borough Council.
C. Permits
shall be effective for a period of 14 months from issuance.
8. In the
event of violation of the requirements of this Chapter during a timbering
operation and within the past five years, the landowner or operator
shall, before resuming work or initiating new work, post a bond acceptable
to the Borough Solicitor in the amount of $100 per acre in cash or
surety bond for faithful performance of future obligations under this
Chapter.
[Ord. 2008-1, 6/9/2008]
1. No proposed
dwelling need have a setback greater than the average of the two existing
dwellings or structures with the greatest setbacks located within
100 feet on each side of the said proposed dwelling, on the same side
of the street, within the same block, and within the same district.
2. In addition,
no proposed nonresidential structure need have a setback greater than
the average of the two existing structures with the greatest setbacks
located on each side of the said proposed structure, on the same side
of the street, within the same lineal block, and within the same district.
For the purposes of this Section, a “lineal block” is
defined as running from one street intersecting with the frontage
street to the next intersecting street on the same side of the frontage
street.
[Ord. 2008-1, 6/9/2008]
1. For
the purposes of applying the front yard regulations of this Chapter
to through lots, the following shall apply.
A. The
street on which the principal building fronts (frontage street) shall
dictate where the front yard regulations are applied. The yard regulations
for the yard opposite the frontage street shall be based on the requirements
for rear yards.
[Ord. 2008-1, 6/9/2008]
The minimum lot size and widths, building setback lines, and
other applicable portions of this Chapter shall be applicable to the
main portion of the flag lot, excluding the access strip.
[Ord. 2008-1, 6/9/2008; as added by Ord. 2012-1, 5/14/2012]
It is the intent of the Borough to comply with Chapter 33, Local
Ordinances Relating to Oil and Gas Operations, of Title 58, Oil and
Gas, of the Pennsylvania Consolidated Statutes, as added by Act 13
of 2012. Oil and gas operations, as defined in 58 Pa.C.S. §3301,
shall be permitted within the Borough to the extent of and in the
manner required by 58 Pa.C.S. §3304. All provisions of this Chapter
shall apply to oil and gas operations to the maximum extent allowed
by Chapter 33 of Title 58.