Developer given July deadline to fix flooding issues at Cornwall subdivision

This article was funded by LebTown donors as part of our Civic Impact Reporting Project.

Cornwall Borough Planning and Zoning Commission heard from residents Monday that excess stormwater runoff from the Rexmont Road subdivision has continued since concerns were voiced last month.

In May, the commission heard that stormwater runoff into multiple neighboring properties worsened after developer Cornwall Properties felled trees on the site. The 131-home development is to be constructed in three phases, but trees were cut in all phases as developers need to move soil throughout the site.

Read More: Cornwall Borough Council hears resident concerns on stormwater runoff, traffic

Developers have not yet constructed stormwater basins, citing the rainy weather throughout May which made that type of work difficult. They have attempted to plant temporary seeding in these areas, but heavy rainfall may prevent them from taking root.

Neighbor Michael Schmitt, who provided video and photo evidence to the borough, alleged hundreds of dollars of property damage from runoff during rain, which he says reached a depth of four inches in parts of his patio.

Work recently done on the patio was undone by runoff, said Schmitt, and his koi pond and its fish were harmed.

Aimee Schmitt said that in 17 years living in her home, she had never seen that level of water damage, including while H&K was working on the site.

She alleged Cornwall Properties targeted her property specifically, claiming the hill behind her home was the only area every tree was cut. She said developers built a five-foot wall to avoid seeing her protest signs. She also said that after she complained of flooding from a May 9 storm, developers removed root systems behind her home, worsening stormwater runoff further.

“If we wouldn’t have put the drain — that long drain to the left — in our yard from the May 9 flooding, we would have had water going into our house this weekend,” said Schmitt. “I’m a mother with three young children, I should not have to worry about the safety and security of my property.”

Commission chairman Ray Fratini told Schmitt not to insult Byler, asking Byler for confirmation that he would pay damages, which Byler said he was open to doing.

Directed at Byler, Aimee Schmitt said, “I’m not trying to make this fight between you and me, but I’ll be damned if I’m gonna sit back and let somebody ruin my property that I’ve had for 17 years.”

Councilwoman Julie Bowman, who was in attendance Monday, said she saw the runoff firsthand, emphasizing the need to act quickly.

“I appreciate Jonathan and Mr. Swank, and if they want to fix it, I’m sure they will,” said Bowman. “But what I can’t understand is: why are we waiting on a solution? There has to be a simple solution to divert the water before you wait for the swale and the seeds to grow.”

Cornwall Properties has agreed to install two swales near the property line to channel runoff to a basin. However, work on basins and swales has not yet begun, with Cornwall Properties representative Mike Swank citing heavy rainfall preventing their development.

P&Z and council member Bruce Conrad voiced frustration that developers haven’t begun constructing basins.

“At the last meeting, we said it would be established ASAP; now it’s a month later, and there’s been damage,” said Conrad. “I hear Mr. Byler saying he’ll pay for the damage, and that is great, but what happens if two days from now it’s damaged again? Isn’t there something that can be done immediately to stop this from happening?”

Alternate zoning officer Josh Weaber replied, “I don’t know that there is,” noting that improvements must be approved by the Lebanon Valley Conservation District as well as the borough.

Runoff mediation is complicated by the fact that temporary measures that may redirect runoff into wetlands are strictly prohibited. However, those in attendance discussed temporarily redirecting some stormwater to the right of way of Rexmont Road, before basins are completed.

The P&Z unanimously agreed to recommend borough council send a violation letter to Cornwall Properties stating that an updated short-term stormwater management plan must be submitted to the borough and the conservation district by July 7, and improvements must be installed by July 25.

Citing the runoff as an emergency, the board directed borough manager Cody Rhoads to reach out to council members to seek approval before its monthly meeting next week, as the P&Z is an advisory committee.

Stormwater runoff of loose soil — such as the soil on a construction site — can cause flooding or property damage to nearby properties or enter waterways, exacerbating erosion and harming the ecosystem. This is why developments are often required to include trees, as canopies reduce erosion from falling rain, roots hold soil in place, and plants use water for growth.

It is a developer’s responsibility to take measures to prevent stormwater runoff (such as creating stormwater basins and swales) from spilling onto other properties.

In other news, the board:

• Discussed a planned review of borough zoning ordinances as suggested by Bowman. Fratini voiced support for the review, but said the board is very busy with active developments, and asked for a list of possible consultants compiled by Bowman.
• Heard that the 92-townhome Knoll development is under review by engineers, but that nothing is needed from the P&Z at this time.
• Unanimously agreed to recommend council approve the timber harvest plan for the Groh Tract on Penryn Lane, citing timbering as a protected use in all districts.
• Heard about a private boundary dispute on Store Lane, agreeing to send a letter to a property owner with a fence above the allowed height and a pillar constructed in the road’s right of way.