Article 16
General Industrial District (GI)

§14-1601 Purpose.

The regulations of the General Industrial District are designed to provide for certain 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, §1600)

§14-1602 Permitted Uses.

Forestry activities, subject to the conditions listed in §14-2220 of this Chapter.

(Ord. 2008-1, 6/9/2008, §1601)

§14-1603 Conditional Uses.

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 6 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.

E.    Salvage yards.

F.    Amusement parks.

(Ord. 2008-1, 6/9/2008, §1602; as amended by Ord. 2017-1, 2/13/2017, §2)

§14-1604 Performance Standards.

No conditional use or activity provided for in this Article shall be established in the General Industrial District unless and until certification is provided to the Borough Council 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 subparagraph (7) shall apply. Except for signage, the buffer area set forth herein shall be increased to a minimum of 400 feet 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 percent 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)    A traffic plan for the facility shall be filed with the Borough, preferably with the land development plan, for approval prior to issuance of a building and zoning permit. Said plan shall restrict most vehicular traffic to and from the facility to major roads.

(13)    The conditional uses provided for herein shall operate only between the hours of 6 a.m. to 10 p.m., Monday through Friday, and 7 a.m. to 12 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, §1603)

§14-1605 Lot Area, Building Height, and Yard Requirements.

A lot width, lot area, lot coverage, yard setback and building height requirement of not less than the dimensions shown in the following table, unless otherwise specified heretofore in this Article shall be provided for every industrial use and/or principal nonresidential building or use erected, altered or established in this district.

A.    District Requirements.

 

Lot Requirements

Yard Requirements

Min. Lot Area

Min. Lot Width

Max. Lot Coverage

Each

Use

Front

Side

Rear

Nonresidential building

2 acres

250 ft.

20%

100 ft.

25 ft.

25 ft.

B.    Height Requirements. The height of any main or accessory building or structure shall not exceed 65 feet above the finished grade.

(Ord. 2008-1, 6/9/2008, §1604)

§14-1606 Minimum Off-Street Parking Requirements.

Off-street parking shall be provided for in accordance with Article 24 of this Chapter.

(Ord. 2008-1, 6/9/2008, §1605)

§14-1607 Signs and Advertising Structures.

Signs shall be permitted in accordance with Article 25 of this Chapter.

(Ord. 2008-1, 6/9/2008, §1606)

§14-1608 Supplementary District Regulations.

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, §1607)

§14-1609 Environmental Improvements and Energy Conservation Requirements.

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.

(Ord. 2008-1, 6/9/2008, §1608)