Cornwall P&Z seeks solicitor review on possible ordinances

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

The Cornwall Planning and Zoning Commission requested guidance from the borough solicitor on multiple topics at a special meeting Monday morning.

The P&Z continued discussion on the possibility of specifically regulating data center uses, referencing an ordinance recently passed by North Cornwall Township.

The referenced ordinance sets data centers as a conditional use in the industrial district. Conditional uses are permitted, but require a developer to prove that they can meet certain conditions before a governing body.

North Cornwall’s ordinance requires a minimum lot area of 70 acres, at least 750 feet distance of structures from residential uses and R-1 and R-2 zones, a 60-foot maximum height, a sound study, a water feasibility study, documentation of available power, and an emergency response plan.

Commission member Joe Lescisko said he would like to hear from an expert on the topic, noting that he appreciated hearing from an expert on the blasting ordinance in December.

“I don’t know much about data centers, except that they take a lot of electricity,” said Lescisko. “And if we’re happy with what they put on paper here, and it suits our needs, so be it. But is there anybody out there who is the expert on this, without us having to pay someone, to see if this is good.”

Engineer Jeff Steckbeck noted that courts have not upheld ordinances that stipulate that utility customer’s rates aren’t affected as a condition for data centers. He said he hadn’t read North Cornwall’s ordinance, but recommended the commission send it to solicitor Josele Cleary for feedback.

He also recommended that, if they continue to use North Cornwall’s ordinance as a reference, the borough reach out to North Cornwall solicitor Amy Leonard for permission to borrow her language.

While reviewing the ordinance, borough alternate engineer Josh Weaber recommended the borough ensure that the language of any adopted ordinance not be exclusionary zoning. A developer can challenge a municipality if there is no developable land that meets the criteria of the zoning ordinance.

Commission chairman Ray Fratini, while reviewing the ordinance, said the fire department does not want construction over 45 feet (as opposed to the ordinance’s 60-foot limit). Weaber said he wasn’t sure if data centers were feasible at that height.

The commission discussed whether data centers would even be feasible for a developer in this area. Steckbeck said the City of Lebanon Authority has a limited amount of water and has already allocated around 5.5 million gallons out of a 7 million gallon capacity. He said he felt it was unlikely they would provide a water connection to a high-volume consumer.

Fratini said he felt a data center would never work in the area based on limited utility options, but that he would continue work on the ordinance.

“I’m not trying to keep it out of our backyard, I’m trying to be practical for what you can put in our backyard,” said Fratini.

After discussion of North Cornwall’s ordinance, the commission asked Cleary to proceed with development of an ordinance and review North Cornwall’s ordinance.

The commission also recommended Cleary further look into ordinances on solar and wind farms, EV charging stations, and blight.

With regards to blight, Steckbeck said blight ordinances can be difficult to enforce (sometimes taking years to see resolution on an issue if it goes to court). Commission and council member Bruce Conrad said the previous council had looked into regulating blight, but had difficulty defining blight in a way that addresses issues without encroaching on property owners’ rights.

Conrad also mentioned AirBnBs, which are currently not allowed in residential districts. The commission directed Steckbeck to look into the topic for the next meeting.

The commission also discussed homeless encampments, not taking any action but opting to look for sample ordinances, and discussed beauty strips and the possibility of updating the developer’s agreements. No action was taken but Steckbeck was directed to look at the existing developer’s agreement template.

The commission tentatively plans to hold a special meeting Feb. 9 at 10 a.m., in addition to its regular monthly meeting Feb. 2 at 6:30 p.m.