Article 20
Environmental Protection Overlay District (EP)

§14-2001 Purpose.

The regulations of the Environmental Protection Overlay District are designed to protect environmentally sensitive areas and resources such as wetlands; threatened or endangered vegetation or wildlife habitats as listed in the PNDI; significant trees or vegetation; and areas of steep slope. This district is further intended to ensure that development does not result in the destruction of such resources during site preparation and the development process.

(Ord. 2008-1, 6/9/2008, §2000)

§14-2002 Overlay Concept.

The Environmental Protection 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 Environmental Protection 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, §2001)

§14-2003 Exemptions.

The following activities shall be exempt from the requirements of this district:

A.    Agricultural and farming activities such as, but not limited to, production of field crops, truck gardening, planting and production of nursery stock, household gardening, field maintenance by way of mowing, trimming and hedgerow/fence row management provided such activities are conducted with the approval of the Lebanon County Conservation District or the USDA, Natural Resources Conservation Service, if required by state regulations.

B.    Wildlife habitat management approved by local, State, or Federal agencies with appropriate jurisdiction.

C.    Replacement or repair of an existing dwelling, mobile home or other structure if the new dwelling, mobile home or structure is placed upon the existing foundation and does not expand the existing foundation.

(Ord. 2008-1, 6/9/2008, §2002)

§14-2004 Applicability.

1.    No person shall disturb or impact any natural feature listed below by undertaking any activity for which the submission and approval of a Conservation Plan is required by this Chapter.

2.    The natural features intended to be conserved and protected by this Chapter include the following:

A.    Wetlands.

B.    Steep slope areas.

C.    Prime agricultural soils.

D.    Seasonal high water table soil areas.

E.    Surface water resources.

F.    Floodplains.

G.    Rare, threatened, endangered, or unique plant communities and species.

H.    Rare, threatened, endangered, or unique animal communities and species.

3.    Any person proposing an activity listed in subsection .4 that disturbs or impacts any natural feature listed in subsection .2 must obtain approval of a Conservation Plan from the Borough Council of Cornwall Borough, unless the proposed activity is exempted by §14-2003 of this Chapter. It shall be the responsibility of the applicant to file a conservation plan when required in accordance with the provisions of this Chapter. A conservation plan shall be submitted as, or with, the first application relating to development of a lot. The conservation plan shall be reviewed by the Borough Engineer and Borough Planning and Zoning Commission, and approved by Borough Council–either (a) as a minor conservation plan associated with a building permit application or (b) as a major conservation plan filed with an application for subdivision and/or land development.

4.    The following activities are subject to the requirement of an approved conservation plan showing adherence to the standards in §§14-2005 and 14-2007 of this Chapter.

A.    Construction of all buildings and additions thereto unless specifically exempted in this Chapter.

B.    All subdivisions, land developments, and planned business/residential developments.

C.    All special exceptions, conditional uses and other land uses under this Chapter that require site plan approval.

D.    Construction of any of the following structures or facilities that exceed 5,000 square feet of earth disturbances:

(1)    Public utility facilities and structures.

(2)    Liquid and solid waste collection, storage, conveyance, and treatment facilities including landfills.

(3)    Stormwater management basins and related facilities.

(4)    Any other structure either of similar character or impact as determined by the Borough Planning and Zoning Commission or Borough Council.

E.    Construction of the following streets, parking areas, loading, and storage areas including:

(1)    All streets to be dedicated to the Borough.

(2)    All private streets and driveways involving more than 5,000 square feet of earth disturbance.

(3)    Any parking area, loading and storage area, or any similar area that exceeds 5,000 square feet of earth disturbance.

F.    Any site disturbance involving more than 1 acre of land area.

(Ord. 2008-1, 6/9/2008, §2003)

§14-2005 Conservation Plan Content.

1.    Prior to commencing any site disturbance, for which §14-2004 of this Chapter requires submission of a conservation plan and which is not exempted by §14-2003 of this Chapter, a conservation plan as described below shall be submitted to and approved by the Borough Council.

A.    Minor Conservation Plans. When the proposed site disturbance is for use of land for any single-family residential purpose on an existing lot of record, or for construction and/or expansion that does not require the preparation of a subdivision or land development plan in accordance with the requirements of the Borough’s Subdivision and Land Development Ordinance [Chapter 13], a minor conservation plan may be prepared; provided, that the proposed use is in conformance with other existing Borough ordinances.

B.    Contents of Minor Conservation Plans.

(1)    The minor conservation plan shall include a general plan of:

(a)    Lot configuration.

(b)    Location of all natural features listed in §14-2004.

(c)    Existing and proposed building location.

(d)    Location of proposed site disturbance activities.

(2)    Although the minor conservation plan need not demonstrate literal compliance with all provisions of plan requirements within this Section and the minimum conservation and natural resource protection standards of §14-2007, the plan must demonstrate that the proposed activity will comply with the purpose of this zoning district as outlined within §14-2001.

(3)    The Borough may require additional information or invoke any Section of this Chapter deemed necessary to demonstrate compliance with the purpose of this overlay district.

(4)    The minor conservation plan shall be submitted with the building permit application and must demonstrate that the proposed improvement to the lot conforms with the conservation plan that was approved for the original subdivision and/or land development plan, as well as with all other applicable sections of this Chapter.

2.    When the proposed site disturbance is for use of land, or for construction and/or expansion that requires the preparation of a subdivision or land development plan in accordance with the requirements of the Borough’s Subdivision and Land Development Ordinance [Chapter 13], a conservation plan shall be prepared and reviewed as part of the subdivision/land development plan submission. Any conservation plan other than a minor conservation plan shall be prepared by a professional registered or certified in the specialty involved, and shall include the following minimum information described in subsections .3 and .4 of this Section. When any of this information already has been prepared and approved as part of an application under the Cornwall Borough Subdivision and Land Development Ordinance [Chapter 13] or this Chapter, then it shall be referenced in the pertinent section of the conservation plan.

3.    Conservation Plan Mapping.

A.    Property Base Map. A base map of the applicant’s property which shall meet the requirements for preliminary plan approval, as set forth in the Borough Subdivision and Land Development Ordinance [Chapter 13], with respect to sheet size, scale, property acreage calculations, delineation of courses and distances of property boundaries, dedicated street rights-of-way, and easements. Said base map shall also depict all improvements presently existing on the property.

B.    Boundary and Adjoining Property Conditions. The following information shall be indicated on the property base map: names of adjoining property owners and structures within 100 feet of the applicant’s property. A smaller scale map, drawn as an inset on the base map sheet, may be used to present information on adjoining property conditions.

C.    Existing Natural Features Inventory. The following information shall be shown or noted on the property base map:

(1)    Geologic members, based upon available geologic and hydrologic mapping of the area, and the approximate location and extent of rock outcrops.

(2)    Slopes, the contour line intervals of which shall be not more than 2 feet for land with average natural slope of 4 percent or less, and not more than 5 feet for land with average natural slope exceeding 4 percent. Location and elevation to which contour elevations refer shall be identified; were reasonably feasible; this shall be a known established benchmark. Land with slopes (a) greater than 15 percent but less than or equal to 25 percent (strongly sloping land), and (b) land with slopes exceeding 25 percent (steeply sloping land), shall be indicated clearly.

(3)    The location and delineation of ponds, streams, floodplains, natural drainage swales, springs, and seeps.

(4)    Soil series and phases, as mapped by the Natural Resources Conservation Service, and accompanying data tabulated for each soil, including its name, depth to seasonal high water table, depth to bedrock, agricultural capability class and subclass, and hydrologic group.

(5)    Wetlands, as delineated by a qualified wetlands scientist and surveyed by a licensed land surveyor.

(6)    Vegetative cover conditions on the property according to general cover type, (e.g., cultivated land; permanent grassland; old field; hedgerow; woodland; emergent, scrub-shrub, and forested wetland, etc.)

(7)    For each general vegetative cover category, the dominant and typical species should be identified. For all woodlands, the applicant shall indicate the principal species of dominant and co-dominant trees and the shrub understory. Areas dominated by trees over 24 inches dbh shall be indicated, along with the species of such trees.

(8)    Location of any rare, threatened or endangered species as identified by the Pennsylvania Natural Diversity Inventory.

(9)    If any of the natural features listed above do not occur on the property, a note to that effect shall appear on the plan.

D.    Proposed Site Alterations. The following information shall be shown on the property base map:

(1)    The location of all proposed improvements necessary for the recording of the final subdivision and/or land development plan, including, but not limited to, streets, stormwater management facilities, public water, and sewage facilities.

(2)    The extent of clearing and grading necessary to construct those improvements, and the amount of reduction of tree cover.

(3)    For each new lot, any and all restrictions necessary to assure compliance with the standards set forth in the Environmental Protection Overlay District.

4.    Conservation Plan Narrative–Impact Assessment.

A.    All applicants shall assess the on-site and off-site impacts of their proposed activities and improvements on existing natural features. The assessment shall include the following:

(1)    Compliance with the minimum standards set by §14-2007 of this Chapter.

(2)    Tabulation of the acreage of natural resources that would be disturbed utilizing the list of natural features in §14-2004.2 of this Chapter.

(3)    Tabulation of the dimensions or gross square foot coverage of all improvements proposed by the applicant, including any proposed impervious surfaces identified in §14-2004.4 this Chapter.

B.    A copy of a wetland delineation report, the Army Corps of Engineers’ verification letter or other available documentation for wetlands delineated according to §14-2007 shall be included in the narrative.

C.    A copy of the correspondence made by the Bureau of Forestry or Fish and Boat Commission in reply to the request for review and comment required under §14-2007 of this Chapter, or submission of evidence, such as a return receipt card from a certified letter, demonstrating that the applicant requested such a review at least 60 days prior to the submission of the conservation plan application.

D.    Where applicable, an erosion and sedimentation control plan approved by Lebanon County Conservation District.

(Ord. 2008-1, 6/9/2008, §2004)

§14-2006 Minimum Conservation and Natural Resource Protection Standards.

No person shall commence or shall authorize or permit commencement of any activity not exempted by §14-2003 until a conservation plan has been submitted and approved in accordance with the provisions of this Chapter. No person by instituting or permitting the institution of any site disturbance activity as defined herein shall disturb any natural feature within Cornwall Borough identified in §14-2004.2 of this Chapter, except in compliance with this Article. In assessing compliance with the standards in §14-2007, the Borough Council and the Zoning Officer may take into account the extent to which the property owner is taking other remedial or compensatory actions that would fulfill the same basic intent as the conservation standards.

(Ord. 2008-1, 6/9/2008, §2005)

§14-2007 Site Planning.

1.    Conservation of Surface and Groundwater Resources.

A.    Floodplains. Areas identified in the conservation plan as being in a floodplain area shall not be altered, regraded, filled, or built upon except in conformance with the requirements of Article 16 of this Chapter.

B.    Streams, Watercourses, Wetlands, Seeps, Springs, Lakes, and Ponds. Such areas shall not be altered, regraded, developed, filled, piped, excavated, diverted, or built upon except in accordance with regulations of the DEP and the U.S. Army Corps of Engineers.

All uses and structures that are proposed in wetland areas shall be regulated in the following manner:

(1)    All such uses and activities shall be minimized to the extent that there will be no destruction, degradation, or adverse impact on the wetland.

(2)    Wells, septic systems, stormwater retention, detention, and recharge basins including ground absorption areas, shall not be located in a wetland area unless all required State and/or Federal permits are obtained and included in the conservation plan.

C.    Stormwater, Soil Erosion, and Sedimentation. All site modifications shall conform to the requirements of the Cornwall Borough Subdivision and Land Development Ordinance [Chapter 13].

D.    Seasonal High Water Table Areas. Any proposed land use which would result in the pollution of the groundwater if effluent discharge occurred shall be prohibited in seasonal high water table areas. The determination of the limits of the high water table area shall be by the Borough Sewage Enforcement Officer.

2.    Conservation of Strongly or Steeply Sloping Lands. In any district, development on strongly or steeply sloped lots (in excess of 15 percent slope) shall include appropriate design and implementation of measures to prevent and/or control environmental damage, erosion and destruction of vegetation and natural habitat. The following specific criteria shall apply to development on strongly or steeply sloped lots:

A.    Development on slopes in excess of 15 percent shall be designed and located to limit or avoid disturbance of the strongly or steeply sloped portions of the lot. Removal of trees and vegetation shall generally be limited to the areas where slope is less than 15 percent, except when absolutely necessary for buildings, driveways, and other essential lot improvements.

B.    Development of lots where 25 percent or more of the lot contains slopes in excess of 15 percent requires careful design and minimal disturbance of the terrain and natural features. Within all districts, approval of the lot development is required from the Lebanon County Conservation District to insure adequate erosion and sedimentation control, slope stabilization, and revegetation. Specifically, development of these strongly or steeply sloped lots shall require:

(1)    Design and implementation of adequate erosion and sedimentation control facilities.

(2)    Design and implementation of effective stormwater management facilities to control surface water runoff and the damaging effects of surface water flows on steep slopes.

(3)    Minimal disturbance of slopes, with limited cut and fill, grading and excavation only where directly related to construction of buildings, driveways and other essential lot improvements, and effective temporary and permanent stabilization of disturbed areas.

(4)    No more than 25 percent of the total vegetative cover of the lot, including trees, shrubs, and natural ground cover, shall be permanently removed. Where removal occurs on slopes in conjunction with development activities permitted elsewhere herein, the slopes shall be replanted and revegetated to obtain equivalent soil stabilization, moisture retention, and protection from ecological damage.

C.    Steeply Sloping Lands. No site disturbance shall be permitted on slopes exceeding 25 percent unless the proposed construction/disturbance has been designed and certified by a registered professional.

3.    Prime Agricultural Soils.

A.    In subdivisions where permanent open space is to be retained, the applicant shall, in conjunction with other applicable ordinances, endeavor to include in such permanent open space those soils whose acreage, configuration and location offer future opportunity for agricultural use.

B.    On properties where prime agricultural soils are located, any proposed construction activities shall be so located to minimize disturbance of said prime agricultural soils to the greatest extent possible.

4.    Conservation of Woodlands and Other Vegetation.

A.    For all land uses and activities identified in §14-2004.4. of this Chapter, native vegetation shall be retained or suitable replacement vegetation planted so that not more than the maximum impervious cover allowed under this Chapter shall be permanently developed or stripped of vegetation.

B.    Removal of Trees. The clearing of woodland for subdivision, land development, or any other building activity in Cornwall Borough shall be regulated as follows:

(1)    No more than 30 percent of any woodland parcel may be cleared for subdivision or land development. The remaining 70 percent may be harvested according to a timber management plan prepared in writing by a qualified forester, with an earth disturbance permit as required under the Cornwall Borough Subdivision and Land Development Ordinance [Chapter 13], and with the necessary erosion and sedimentation controls in place, and with a replanting plan approved by the Borough.

(2)    A buffer zone of 20 feet along all property lines shall be established. Within this 20-foot wide buffer zone, no more than 25 percent of existing trees (minimum trunk caliper of 5 inches at 6 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 percent 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 be a minimum trunk caliper of 2½ inches at a height of 6 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 Section.

C.    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.

D.    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 development plan shall clearly indicate areas where trees will be removed, and demonstrate consistency with the regulations provided in this subsection. All wooded 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.

E.    Timbering Activities. In addition to the requirements of paragraphs .A through .D above, all timbering activities shall be conducted in conformance with §14-2220 of this Chapter.

5.    Conservation of Open Space and Critical Habitat. The conservation plan shall be developed in a manner that will preserve the open space character of the land area, and will respect the physical and environmental limitations of the land area utilizing the following guidelines:

A.    Lakes, ponds, and watercourses should be left as permanent open space. Environmentally sensitive areas such as land areas with high water tables, steep slope areas, and rock outcroppings should likewise be left as permanent open space.

B.    All wetlands and other areas containing rare, threatened, or endangered plant and animal communities and species shall be left as permanent open space.

6.    Natural Diversity Impact Areas. It is the policy of Cornwall Borough to protect areas known to possess rare, threatened or endangered floral or faunal species.

A.    The following areas are hereby initially designated as natural diversity impact areas:

(1)    All sites and the corresponding 300-foot buffer area which are identified by agencies of the Commonwealth of Pennsylvania (including, but not limited to, the Pennsylvania Department of Conservation and Natural Resources, Bureau of Forestry (PNDI), the Pennsylvania Game Commission, and the Pennsylvania Fish and Boat Commission) as possessing a rare, threatened, or endangered species.

B.    Procedure. All applications involving lands in a natural diversity impact area shall require the following:

(1)    The submittal of a request for review and comment to the Department of Conservation and Natural Resources Bureau of Forestry, which correspondence shall include a description of the project and a topographic map of the site that highlights areas identified as natural diversity impact areas. Where applicable, this request may be included as part of the DEP planning module process.

(2)    A copy of the correspondence made by the reviewing agency in reply to the request for review and comment. Should the reviewing agency determine that the site does not contain any existing rare, threatened, or endangered floral or faunal species or habitat, the letter should reflect this finding. Should the reviewing agency fail to respond to the request for review and comment, evidence of submission shall be provided with the application, such as a return receipt card from a certified letter, demonstrating that the applicant requested such a review at least 60 days prior to the submission of the conservation plan application.

(3)    Should the reviewing agency determine that the site does contain rare, threatened or endangered floral or faunal species or habitat, the Borough will require that a revised conservation plan be prepared which identifies the means which will be employed to prevent any adverse impact raised by the agency review, and describe those measures employed and any additional design, construction or use restrictions that would further protect identified species and the required buffer area. Said revised plan shall be resubmitted to the reviewing agency according to the procedure provided in subparagraphs (1) and (2) above.

(4)    Should the reviewing agency determine that the site does contain rare, threatened or endangered floral or faunal species or habitat, and that such species cannot be adequately protected from the effects of the proposed use, Cornwall Borough will require that a revised conservation plan be prepared which notates a permanent conservation easement for the site and its corresponding buffer area.

(Ord. 2008-1, 6/9/2008, §2006)

§14-2008 Site Disturbance.

1.    Protection of Vegetation from Excavations.

A.    When digging trenches for utility lines or similar uses, disturbances to the root zones of all woody vegetation should be avoided.

B.    If trenches must be excavated in the root zone, all disturbed roots shall be cut cleanly. The trench shall be back filled as quickly as possible, avoiding soil compaction.

2.    Protection of Topsoil.

A.    Removal of topsoil from site.

(1)    No topsoil should be removed from a site unless a sufficient amount is retained to provide at least 4 inches of topsoil cover over all of the site’s exposed earth surfaces. More than 4 inches may be required if the Borough determines that a greater amount is needed for the long-term viability of certain plantings.

(2)    If topsoil is removed from the site, the applicant shall provide the Borough with proof that the DEP, Bureau of Mining and Reclamation has been contacted to determine the applicability of State regulations for surface mining.

B.    Topsoil moved by grading operations shall be redistributed and stabilized as quickly as possible following the completion of a project or project phase. All exposed earth surfaces shall be stabilized by the following methods or Lebanon County Conservation District approved equal:

(1)    Seeding or planting with tacked mulch at 3 tons/acre on slopes of 10 percent or less.

(2)    Sodding, hydro-seeding, or rip-rap with tacked mulch at 3 tons/acre on slopes exceeding 10 percent.

3.    Protection During Cleanup. Construction debris is to be hauled away from the property. Evidence in the form of receipt(s) from the ultimate disposal agency shall be provided to the Borough.

(Ord. 2008-1, 6/9/2008, §2007)