Article 19
Resource Extraction Overlay District (RE)
§14-1901 Purpose.
The regulations of the Resource Extraction Overlay District are designed to allow excavation, extraction, or removal of rock and slag, which are waste products or stockpiles of prior mining and extraction activities, within certain residentially zoned portions of the Borough. It is recognized that these activities are inherently incompatible with the predominantly residential character of surrounding zoning districts; however, to permit the removal of such waste products and stockpiles shall promote future use of these areas for residential purposes.
(Ord. 2008-1, 6/9/2008, §1900)
§14-1902 Overlay Concept.
The Resource Extraction Overlay District described above shall be an overlay on any zoning district now or hereafter applicable to any lot, as shown on the Official Borough of Cornwall Zoning Map and, as such, the provisions of this Section shall serve as a supplement to the underlying district provisions.
A. To the extent the provisions of this Section are applicable and more restrictive; they shall supersede conflicting provisions within all other Sections of this Chapter and all other ordinances of Cornwall Borough. However, all other provisions of all other Articles of this Chapter and all other ordinances of Cornwall Borough shall remain in full force.
B. In the event any provision concerning the Resource Extraction Overlay District is declared inapplicable or illegal as a result of any legislative or administrative actions or judicial decision, the regulations of the underlying district shall remain applicable.
(Ord. 2008-1, 6/9/2008, §1901)
§14-1903 Permitted Uses.
All uses permitted by right and by conditional use in the underlying zoning district.
(Ord. 2008-1, 6/9/2008, §1902)
§14-1904 Conditional Uses.
Upon approval by Borough Council, the following conditional uses shall be permitted provided the use complies with the conditions listed herein and the applicable requirements specified in Article 30 of this Chapter:
A. Excavation, extraction, or removal of rock and slag which are waste products or stock piles from prior mining and extraction activities in the Borough provided that the following conditions are met:
(1) Application for the conditional use shall be accompanied by an approved Department of Environmental Protection permit authorizing said activities.
(2) 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 land.
(3) That portion of access roads located within 100 feet of any residence shall be provided with a dustless surface. Access roads shall connect to major roads avoiding undue movement through residential areas.
(4) At all stages of operation, proper drainage shall be provided to prevent the collection and stagnation of water and to prevent harmful effects upon surrounding properties.
(5) A site plan for rehabilitation, showing both existing and proposed final contours, shall be submitted. After any such operations, the site shall be made reusable for a use permitted in the zoning district. Where topsoil is removed, sufficient arable soil shall be set aside for retention on the premises and shall be respread over the premises after the operation is terminated. Except where lakes are created and retained, the area shall be brought to final grade by a layer of earth at least 2 feet deep or to original thickness, whichever is less, and capable of supporting vegetation or shall meet those requirements established by the DEP. Fill shall be of material acceptable to the DEP. Where deemed necessary by the Borough Council, the applicant shall be required to post a bond sufficient to cover the costs of reclamation.
B. Primary stone crushers and conveyor belts to transport product as accessory use is permitted subject to the following conditions:
(1) All primary stone crusher plants shall be enclosed on two sides and oriented to the extent possible so that the enclosed sides face in the direction of residentially zoned or used land.
(2) All conditions set forth in Article 16.
(Ord. 2008-1, 6/9/2008, §1903)