Cornwall City Zoning Code
ARTICLE 22
SUPPLEMENTARY DISTRICT REGULATIONS
§ 14-2201 Intent.
[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.
§ 14-2202 Accessory Buildings and Structures.
[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.
§ 14-2203 Accessory Uses.
[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.
§ 14-2204 Projections into Yards.
[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.
§ 14-2205 Municipal Uses.
[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.
§ 14-2206 Lot Averaging Standards.
[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.
§ 14-2207 Visibility at Intersections.
[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.
§ 14-2208 Fences, Walls, and Hedges.
[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.
§ 14-2209 Erection of More than One Principal Structure on a Lot.
[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.
§ 14-2210 Structures to Have Access.
[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.
§ 14-2211 Water Supply and Sewerage Facilities Required.
[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.
§ 14-2212 Minimum Habitable Floor Area and Lot Area Requirements.
[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.
§ 14-2213 Corner Lot Restriction.
[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.
§ 14-2214 Exceptions to Height Regulations.
[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.
§ 14-2215 Dangerous Structures.
[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.
§ 14-2216 Animals.
[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.
§ 14-2217 Parking and Storage of Certain Vehicles.
[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.
§ 14-2218 Parking, Storage, or Use of Major Recreational Equipment and/or Tractor Trailers, Etc.
[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.
§ 14-2219 Public Utilities Exemption.
[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.
§ 14-2220 Timber Harvesting.
[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.
TREE HARVESTING (ALSO TIMBER HARVESTING/LOGGING)
The cutting down and removal of trees and logs to be converted to any forest product or for sale to others.
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:
(1)
Plan of the road system.
(2)
Water control structures.
(3)
Stream crossings.
(4)
Log landings.
(5)
Haul roads, skid roads, and skid trails.
(6)
Maintenance.
(7)
Road use.
(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.
§ 14-2221 Front Yard Exception.
[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.
§ 14-2222 Front Yard Exception for Through Lots.
[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.
§ 14-2223 Minimum Dimensional Requirements for Flag Lots.
[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.
§ 14-2224 Oil and Gas Operations.
[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.
§ 14-2225 Conservation of Woodlands.
[Ord. No. 2026-3, 5/11/2026]
1.
Removal of Woodlands. The clearing of woodland for subdivision, land development, or any other building activity in the Borough shall be regulated as follows:
A.
No more than 30% of any woodland parcel may be cleared for subdivision, land development, or other building activity. The remaining 70% may be harvested according to a timber management plan prepared in writing by a qualified forester, with an earth disturbance permit as required under Chapter 13, Subdivision and Land Development, and with the necessary erosion and sedimentation controls in place, and with a replanting plan approved by the Borough.
B.
A buffer zone of 20 feet along all property lines shall be established. Within this 20-feet-wide buffer zone, no more than 25% of existing trees (minimum trunk caliper of five inches at six inches above the ground) that exist along the property line may be removed without an equivalent number of replacement trees being planted somewhere within the 20-foot buffer zone along the same property line. For the purposes of this section, the 25% calculation is based on the two-dimensional area of the entire buffer zone along the property line. Replacement trees shall be, to the greatest extent possible, located within the area of disturbance. Replacement trees shall have a minimum trunk caliper of 2|1/2 inches at a height of six inches above finished grade. In the case of a driveway access area for a flag lot, or where site constraints otherwise limit the location for a driveway, the minimum buffer zone width shall be 10 feet.
All applications for building and zoning permits shall evidence compliance with this § 14-2225(1).
2.
Exemptions. The portion of a parcel specifically identified in the Soil Survey of Lebanon County as having prime agricultural soil shall be exempt from the requirements of this section where the clearing is necessary for the cultivation of crops. All woodland may be harvested as necessary to remove trees which are diseased, dead, or which pose a threat to safety, or which have been approved for culling by a professional forester.
3.
Protection of Trees During Development Activities. Every application for subdivision, land development, or building permit involving lands which contain woodlands shall require the preparation of a scale map which identifies all significant woodlands as defined in Article 2 of this chapter. The plan shall clearly indicate areas where trees will be removed and demonstrate consistency with the regulations provided in this § 14-2225. All woodland areas that have not been approved for clearing to accommodate development shall be clearly marked and shall be identified in the building permit or in the final plan for the development or subdivision.
4.
Timbering Activities. In addition to the requirements of § 14-2225(1) through (3) above, all timbering activities shall be conducted in conformance with § 14-2220 of this chapter.
