<body><div><figure><img src="https://img.particlenews.com/image.php?type=thumbnail_580x000&amp;url=0sLwyI_1FCZWVWj00" alt="https://img.particlenews.com/image.php?url=0sLwyI_1FCZWVWj00" width="1536" height="806" ><figcaption>Cornwall Quarry. (LebTown file photo by Will Trostel)</figcaption></figure>This article was funded by LebTown donors as part of our Civic Impact Reporting Project.Following concerns about recent flooding, the Cornwall Borough Planning Commission unanimously passed a motion on Monday recommending council hold a special hearing “to clarify what happened during the storms on the Cliffs; what ran off, what was in the water, what failed, and what did not fail.”A major storm Aug. 27, categorized by the Lebanon County Conservation District as between a 250- and 1,000-year storm, caused flooding throughout the borough. Neighbors of the in-progress Cliffs development alleged damage both from this and previous storms, claiming that rare storms appear to be happening more often and flooding has been worse since construction began.Alternate engineer Josh Weaber noted that some residents logged 7 inches of rainfall over a few hours, which “is literally off the charts, is greater than a 1,000-year storm.”Commission member Joe Lescisko noted that two recent events were categorized as at least 250-year storms, citing a storm in May of last year. Weaber said these storms are categorized based on probability, not literal frequency.Cornwall’s code of ordinances uses the 100-year floodplain model, with a floodplain having at least a 1% chance of partial or complete flooding or rapid runoff of surface water each year (calculated based on rainfall data). Developers are required to manage stormwater runoff, exacerbated by new impervious surfaces. However, they are not expected to plan around rarer storm events.Commission chair Ray Fratini noted that a resident suggested planning for rarer storm events, with these events happening more often as time goes on. Weaber noted that the 100-year standard is set by the Department of Environmental Protection – a standard he said was likely first set in the 1970s.“This chart, over time, will change,” said Weaber. “For whatever site the developer’s working on, they will go to geographically, that site and they will pull this chart up for that site. So over time, if we’re saying we’re getting much much bigger storms, these numbers may go up based on their observed data.”He said he has not encountered another municipality changing the 100-year flood standard in its ordinance and suggested checking with solicitor Josele Cleary if the commission would like to go that route.“Essentially, it becomes unreasonable to try and design stormwater systems and stuff for that size of a storm,” said Weaber.Fratini expressed frustration that DEP does not send representatives to defend its policies, which the borough is expected to implement. He said neighbors’ lives are affected by these floods regardless of their rarity, and Weaber said DEP stormwater requirements do not differentiate between neighboring uses.Later, councilwoman Julie Bowman, who attended the meeting via Zoom, said she thinks the zoning ordinance does not specifically address Cornwall’s topography. She also questioned waivers granted for the Cliffs and other projects.Weaber said pre-development conditions are compared to post-development conditions, including forestation and slopes. He later asked Cornwall Properties representative Mike Swank to bring forward drainage maps for him to examine.Bowman referenced a letter from DEP that closed a file on the Cliffs property and an earlier letter that referenced Cornwall Properties’ use of materials as fill.Swank said the August letter closed the file. He said developers found sludge-like liquid in an approximately 100-square-foot basement and had a geotechnical expert test it; the tests came back clear, and an expert recommended they use it as fill. He said he would send the report and other documentation to the borough.Lescisko later read directly from the July letter from the DEP as follows:“Additional sampling was completed on … sludge-like material sediment and water with an oily sheen discovered in an underground concrete vault. The sample results were provided to DEP. In response to DEP’s inquiry about the disposal of these wastes, Mr. Swank explained that the contents of the vault were dried out and used as fill. Due to the unknown source of this material, the industrial history of the site, and the sample’s lead concentration results that exceeded the statewide health standards, the contents removed from the concrete vault are a residual waste. The sludge-like material would also not meet the definition of clean fill as it is defined in the management of fill policy as an inert solid material. The use of the sludge-like waste and sediment found in this concrete vault as fill, and allowing the dumping of these wastes and wastewater into the ground constitutes violation of the Solid Waste Management Act. … The operation of a residual waste disposal facility without a permit constitutes a violation of 25-PA Code 287.101.”Bowman then read from the August letter, stating that “in regards to the recent violations, we discussed the challenges that might be faced in the correction of these violations and that the violations might not be resolvable at the time.”Swank said if DEP thought the incident was a problem, the developer would have been fined or the file would not have been closed. He said he did not know why he was being asked about the topic now, as the incident occurred over a year ago. Bowman said she only learned about it last month through a Right-to-Know request submitted by residents.Weaber suggested borough council ask Cleary if the topic is within the borough’s purview and if the borough has any authority on the subject.Commission and council member Bruce Conrad said the borough must do a better job addressing misinformation, specifically mentioning false claims he has seen on social media. He suggested working with a firm to clear up misinformation, which he said has strongly affected public opinion regarding recent storms and other borough matters.“I’m not talking about spinning, I’m talking about getting factual information out to our people,” said Conrad. “The experts I talked to said, ‘Get it out so you control the field.'”“It’s not that I agree or disagree with the people complaining; I would like to make sure that we have done everything that we’re supposed to do, we followed the guidelines, and we get the facts out there. Let the facts speak for themselves.”Bowman and commission/council member John Karinch said they agreed. Bowman said the borough had done “a poor job” with public communications and suggested the commission amend its agenda to discuss the topic further. However, Fratini said this is a council matter.Fratini said the borough needs to address recent claims made by residents of dangerous chemicals in stormwater runoff. Karinch said that, if this were true, water in Miners Lake would be undrinkable from decades of runoff, but said recent testing found the water to be nearly drinkable as is.Bowman later said she was concerned if residents were finding high levels of lead in runoff following the recent DEP investigation at the Cliffs.“If there is lead runoff, that’s an issue; if there is not, that clears it,” said Bowman. Fratini said he agreed.Conrad suggested holding a special meeting to discuss the topic, which the commission recommended to council, and said there is currently not enough information available to resolve it. Fratini asked Swank to send the borough all relevant documentation, which Swank said has already been done.The commission also reviewed the following changes to borough ordinances proposed by the fire company:<ul><li>A requirement for landlords to register rental units with the borough.</li><li>A requirement for businesses and large rental units to install Knox Boxes for emergency access.</li><li>Changes to the existing burning ordinance to add more specificity.</li><li>Change to the alarm system ordinance to alert the fire department in addition to the police department.</li></ul>No action was taken. The commission plans to review the proposed changes and revisit them next month before making a recommendation to council.The commission discussed potential changes to legislation on short-term rentals, which are now only allowed in the commercial zoning district as hotels. Weaber said that he hasn’t heard consensus from borough officials on direction, but the borough is considering whether to allow them in more districts and, if so, what conditions to impose.Karinch suggested conditions on size, noise, and off-street parking availability. Weaber and Conrad agreed that parking is a top concern. The commission informally agreed to direct Cleary to look into the topic further.The commission also continued to discuss a potential ordinance to address blight, with no action taken. Fratini said he would like to get something simple with specifics on the books to have grounds to handle complaints from residents. Enforcement for a blight ordinance would be complaint-based.This meeting was covered remotely using a livestream posted to the borough’s Facebook page and notes from previous coverage.Cornwall’s planning commission meets the first Monday of each month at 6:30 p.m. and holds a second meeting to discuss borough code the second Monday of each month at 10 a.m. These meetings are livestreamed to the borough’s Facebook page.Questions about this story? Suggestions for a future LebTown article? Reach our newsroom using this contact form and we’ll do our best to get back to you.<figure><img src="https://img.particlenews.com/image.php?type=thumbnail_580x000&amp;url=2rsKF5_1FCZWVWj00" alt="https://img.particlenews.com/image.php?url=2rsKF5_1FCZWVWj00" width="1200" height="864" ></figure>Support Lebanon County journalism.Cancel anytime.<ul><li>Still no paywall!</li><li>Fewer ads</li><li>Exclusive events and emails</li></ul>Join the 1,100+ readers who support our work as membersAlready a member? 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This article was funded by LebTown donors as part of our Civic Impact Reporting Project. Following concerns about recent flooding, the Cornwall Borough Planning Commission unanimously passed a motion on Monday recommending council hold a special hearing “to clarify what happened during the storms on the Cliffs; what ran off, what was in the water, what failed, and what did not fail.”

Cornwall Borough planning recommends meeting on Cliffs flooding

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This article was funded by LebTown donors as part of our Civic Impact Reporting Project. Following concerns about recent flooding, the Cornwall Borough Pla

Cornwall Borough planning recommends meeting on Cliffs flooding

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