Cornwall P&Z forwards draft ordinances, requests changes to blasting rules

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Cornwall Borough’s Planning and Zoning Commission unanimously agreed to forward draft ordinances on data centers, solar and wind farms, and camping to borough council at a special meeting Monday morning.

The commission opted to request further revisions on a blasting ordinance before sending it to council.

Since the last time these ordinances were discussed, no changes have been made to the camping ordinance and minor changes were made to the data centers and solar and wind farms ordinance. Changes to the latter include maximum height for data centers being changed from 60 feet to 45 feet and increased setback requirements for windmills, based on height.

The camping ordinance prohibits camping on any public or private property aside from “overnight camping on private residential property by friends or family of the property owner, so long as the owner consents and the overnight camping is limited to not more than two consecutive nights.”

The ordinance regulating data centers and solar/wind farms is an amendment to an existing zoning ordinance, which adds both uses as permitted uses in the general industrial and limited industrial districts by special exception.

Chairman Ray Fratini clarified that the ordinance would not prevent data centers altogether, adding that he felt data centers would bring benefits to the community as long as they did not put a strain on the electric or water supply.

Prior to adoption, these ordinances will need to be advertised by council and public hearings must be held.

Much of the meeting was spent in discussion of the draft blasting ordinance, with Cornwall Properties representative Mike Swank bringing Mike Stubbs of Stubbs Drilling & Blasting and copies of the draft ordinance annotated with his concerns.

Swank questioned a 1,000-foot minimum radius requirement for a developer to offer pre-blasting inspections, calling it arbitrary. Before blasting under the ordinance, developers would be required to employ a geologist to determine if this radius should be expanded, and Swank said he felt this geologist’s assessment should also be permitted to reduce the radius.

Swank said that for some blasting projects, such as a homeowner using blasting for the installation of a below-ground pool, inspection costs may outweigh other costs of the project with a blanket 1,000-foot radius. Each inspection usually costs between $700 and $1,000, he said.

Commission member and councilman Bruce Conrad said he stood by this requirement, saying that “we’re here not just to protect people physically, but also to respond to them physically. I think it’s important that this distance be kept great so our people know we’re doing what we can to mitigate any possible problem.”

Swank also questioned the geologist requirement, noting that a seismic consultant with an engineering background could also determine a radius for required inspections. The commission agreed to expand the requirement to qualified independent professionals rather than exclusively geologists.

The commission also agreed to revise language to require pre-blast inspections be conducted by a “qualified, independent, licensed professional” and remove language in parentheses requiring approval by the borough of the professional. They also agreed to revise language that allowed the home inspector to make recommendations to blasters to reflect that the geologist or trained professional could make recommendations, and be requested by a home inspector to look into the topic further.

Swank voiced opposition to a 90-day permit length and requirement for a developer to renew the permit after that time. He questioned what circumstances could cause the borough to deny an extension request, with the ordinance specifying that extensions “shall not be unreasonably withheld.”

Swank he felt extensions should not be denied unless the Department of Environmental Protection identifies a violation. Conrad said the ordinance’s language would prevent the borough from denying an extension without good reason, and that it was designed to “go beyond DEP’s basic requirements.”

Alternate engineer Josh Weaber added that, though the initial permit may take some time to be approved, renewal would occur more quickly and would be unlikely to be delayed.

Stubbs questioned the hours permitted for blasting. He said while time restrictions are typically able to be followed, circumstances can occasionally require a blaster to detonate slightly after the time window. Weaber said, in these cases, a blaster should call to notify the borough.

Swank said he appreciated the commission’s understanding but he worried that a future council could enforce these rules without exception.

He also questioned the legality of home inspections reports being provided to the borough and thus being made public record. Conrad said that if a homeowner was unwilling to have this information shared with the borough, they could refuse the inspection. Conrad later said the borough could potentially use this information for water and sewer management.

Other minor changes were made, including fixing typos and remedying a section incorrectly referencing itself.

In other news, the commission:

• Discussed a letter from solicitor Josele Cleary concerning short-term rentals in the borough, which are prohibited in the medium-density, low-density, and residential village zoning districts. Cleary provided a list of recommended changes to zoning in order to uphold this restriction.
• Discussed ongoing conversations with the Elizabethtown Area Water Authority. Conrad said the EAWA is likely to come back to the borough with a decision on the potential sale of around seven acres in three tracts to the borough (and requirements to be followed if a sale is made) soon.
• Heard from Swank requesting that the Lake Resort Amendment be acted upon soon, with a 300,000-square-foot warehouse plan for the same location having been submitted to the borough. Conrad said the borough is waiting on the conclusion of talks with the EAWA to act on the amendment.

Cornwall P&Z meets the first Monday of each month at 6:30 p.m. It has also been holding a special meeting the second Monday of each month at 10 a.m. to discuss draft ordinances and legislation. Meetings are open to the public and do not require prior registration.