Cornwall planning and zoning workshops new blasting, updated zoning ordinances

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The Cornwall Borough Planning and Zoning Commission, along with the help of more than a dozen community members and council members, workshopped a draft of a new blasting ordinance and an update to the existing zoning ordinance during a special meeting on the evening of Monday, Oct. 20, at Cornwall Borough Hall.

Josele Cleary, who serves as solicitor for Cornwall Borough, will review the commission’s recommendations for the new blasting ordinance and existing zoning ordinance and fine-tune the wording for legal purposes. Because of this, many of these recommendations are likely to change.

Workshop on the new blasting ordinance

With a general agreement that the creation of a blasting ordinance should be considered, the commission reviewed two examples of blasting ordinances — one from Red Hill Borough and one from Upper Frederick Township, both municipalities in Montgomery County — to guide their recommendations for Cornwall.

The contractor would submit plans for the blasting radius, which is based upon the geologist’s report with a minimum of 1,000 feet to property lines.

Once everything is submitted and deemed satisfactory, the borough would issue the contractor a permit within 10 business days that is valid for 90 days from the issuance date, with an option to request an extension. The contractor would also obtain the Pennsylvania Department of Environmental Protection’s approval.

The contractor would be responsible for providing notice to all property owners within the blasting radius and notifying the borough at least two weeks before the start of the blasting period.

This notice would include an overall blasting schedule, an explanation of what would occur before a blast — such as the sounding of a blast horn, the contractor’s contact information, the option for property owners to opt in to receive an email or text message by 5 p.m. on the day before a blast, and the option for an inspection before a blast.

A qualified and independent engineer who is willing to take on liability would complete and seal inspections within the blasting radius before the start of blasting. The contractor would be responsible for covering the costs of these inspections, which would be offered free of charge to property owners.

The contractor would notify the borough as well as property owners who opted in to receive digital communications by 5 p.m. on the day before a blast. This would cover the liability aspect of the notification process and would include whether the blast is scheduled to occur in the morning, afternoon, or both windows of opportunity between 8 a.m. and 5 p.m. the following day, which would be a weekday that is not a federal holiday.

The borough would then notify property owners in the borough. This would be meant to make property owners aware of the blast, a type of event that tends to elicit concerned phone calls to the borough. This would also give property owners who choose to capture the blast on video, as an added precaution, an opportunity to do so.

The contractor would need liability insurance in a minimum amount of $2 million, with an increased minimum amount depending on the density of the blasting radius. The contractor would be liable for any and all damage to person or property.

An independent attorney, or a judge if needed, would help settle disputes between property owners and the contractor within a set period.

The borough or, with the borough’s approval, the contractor would be able to blast in response to an emergency without obtaining a permit or giving advance notice to property owners who opted in to receive digital communications.

A violation of the ordinance could result in a fine of not more than $1,000, with each day that the violation continues resulting in another offense that could carry a fine. A violation is the first step in the borough manager or zoning officer revoking the contractor’s permit.

Ongoing projects involving blasting will be grandfathered into the new blasting ordinance, while new projects will be required to follow these protocols.

Workshop on the existing zoning ordinance

The commission also reviewed Article IV of the existing zoning ordinance, which serves as a catch-all section for legal uses that are not defined elsewhere in the existing zoning ordinance — such as data centers, solar farms, windmills, and other uses that are up and coming or do not yet exist.

It establishes that these legal uses should be deemed a conditional use under one of three sections that cover either residential, commercial, or industrial use.

These legal uses would face the requirements associated with the conditional-use ordinance as well as the requirements associated with the type of use that it falls under. This gives the borough additional opportunities to protect itself against less desirable uses.

The borough cannot ban legal uses, as a contractor could sue the borough for not allowing a legal use and, if they won the lawsuit, they would be able to place the legal use under any zoning district.

Next steps

The Cornwall Borough Planning and Zoning Commission invites community members to another special meeting at 10 a.m. Monday, Nov. 10, at Cornwall Borough Hall to continue workshopping updates to the zoning ordinance.

Cleary will also review and fine-tune these recommendations, which will be advertised and voted upon in the months to come.