Cornwall P&Z recommends regional zoning with S. Lebanon, W. Cornwall

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

Following discussion of a draft ordinance concerning warehouses, truck terminals, and logistics centers in Cornwall Borough and the possibility of designating general commercial zoning for warehousing, the borough planning commission unanimously recommended that council to move forward with regional zoning at a special meeting Monday morning.

The ordinance would only allow truck terminal/warehouse uses on lots that fronted onto a major road. With only a few, fairly small, general commercial lots in the borough, Cornwall Properties representative Mike Swank said the ordinance “sounds challengeable.”

Pennsylvania’s Fair Share Doctrine prohibits municipalities from “exclusionary zoning,” or zoning that makes a specific use impossible to complete on any parcel of developable land.

Commission member and councilman Bruce Conrad said he felt, based on a conversation with previous councilman Tony Fitzgibbons, that as long as a warehouse of some size was buildable, there was technically land available. Commission chair Ray Fratini questioned whether that would stand up in court.

A memo from solicitor Josele Cleary, Conrad said, told them the ordinance may fall under exclusionary zoning as larger warehouses would be unbuildable anywhere in the borough.

“I got a bad feeling about this whole thing,” said Fratini, suggesting he felt Cornwall Properties would likely challenge the ordinance if adopted.

Cornwall Properties CEO Jonathan Byler, suggested that the borough direct an engineer to look over the zoning map to see, realistically, the largest warehouse that could be built in general commercial.

“If you move it to commercial, I think you’re setting yourself up for not only a lawsuit, but then if they win the lawsuit, they can put a warehouse wherever they want,” said Byler, noting that a successful challenge could allow a developer to place the development in any lot including agricultural.

Conrad suggested pursuing regional zoning, which would join Cornwall’s zoning map with that of one or multiple neighboring municipalities and expand the area bound to the Fair Share Doctrine. Fratini said the borough had previously explored the concept but were met with disinterest from other municipalities.

The board unanimously agreed to request that council reach out to South Lebanon and West Cornwall townships to gauge their interest in entering talks to regionalize zoning.

Ultimately, no formal action was taken on the draft ordinance.

Addressing a suggestion from council that the borough add language prohibiting the “submission of multiple, inconsistent plans for the same property,” the commision unanimously agreed to ask council if they should still move forward, recommending dropping the suggestion.

Engineer Jeff Steckbeck said the recommendation was based on a misinterpretation of the Knoll and warehouse plans by a council member who believed these plans occupied the same property.

Fratini said he would be opposed to this language addition, saying he felt multiple plans being allowed for the same property gave the borough a tool to negotiate with developers considering more than one idea.

In other business, the commission reviewed a draft ordinance regulating blasting and unanimously agreed to recommend council adopt it. The ordinance includes requirements for blasters including inspections offered to property owners within 1,000 feet of the blasting site and permitting both with the borough and DEP.

The commission briefly discussed possible changes to the borough’s short-term rentals policy, but opted to delay conversation until after this year’s PA State Association of Boroughs conference.

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.