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Muncy Township passes 9-month moratorium on data centers

PENNSDALE – Before the recent Muncy Township Board of Supervisors ended quickly, the board approved a resolution establishing a temporary moratorium on data centers and similar high-intensity data processing facilities.

Because the township has no zoning regulations pertaining to data centers, the moratorium, which will be in place for nine months or until the township adopts a zoning ordinance regulating them.

The moratorium applies to data centers, data center campuses, high-intensity data processing facilities or any use substantially similar in function or impact, according to the resolution.

It further states that the township will not accept, process, review, or approve: zoning permits, building permits, subdivision application, land development application, conditional use applications or any other municipal approvals, including any application not yet deemed or formally accepted.

The resolution pointed out that “no application shall avoid the moratorium by re-labeling, reclassification or use of alternative terminology. If the use meets the definition in substance, the moratorium shall apply.”

The purpose of the moratorium is to allow zoning regulations to be drafted and developed. It gives the township time to consult with engineers, planners and utility providers; conduct planning commission review; and hold required public hearings.

The board also approved procedures which would formally establish and clarify how subdivision and land development and related applications are received and filed under township ordinances.

“These procedures are intended to ensure that all submissions are handled in a consistent, transparent and administratively controlled manner,” Board Chair Terri Lauchle read.

“The core control language is no application shall be considered officially filed and no statutory review period shall begin unless and until the submission is received, accepted, date stamped and logged by the township’s designated administrative personnel in accordance with these procedures, delivery of plans or materials to any individual township official, including supervisors, the zoning office, consultants or other personnel, shall not constitute official submission or filing,” Lauchle continued.

It was noted that the person designated to receive the submission is part-time township secretary/treasurer Kathryn Harper. Office hours listed on the township website are: Wednesday 11a.m. to 2 p.m. and Tuesday and Thursday 12 p.m. to 3 p.m.

“Delivery by mail or commercial carrier, including EPS, FedEx or similar services shall not constitute official filing, regardless of receipt or signature. Such material shall be considered received for administrative purposes only, and shall be logged as such as received not filed until formally accepted through the townships administrative intake process,” Lauchle read.

“Any submission that is incomplete, lacks required documentation or fees, or is not submitted in accordance with these procedures, should not be accepted as a file application and shall not initiate any review period under the Pennsylvania municipalities planning code, the township secretary or other administrative personnel designated by the Board shall be the sole and exclusive authority responsible for accepting and processing official submissions on behalf of the township accepts it, acceptance or possession of materials by the township outside of these procedures, shall not be deemed acceptance of an application for filing purposes. These procedures shall take effect immediately and shall apply to all pending and future submissions, unless otherwise required by law.” she added before the procedures were approved by her and another supervisor, Denise Artley who attended by telephone.

It is unclear if this is another attempt to stonewall land development plans for the proposed Bass Pro Shop at the District at Lycoming Valley that were submitted and approved by the previous board but have not been signed by the current board. This week, an appeal by the board was denied and the board was told to immediately sign the document in order for the project to move forward.

When asked following the meeting, Township Solicitor Joseph Orso III, said that the policy would not be applied retroactively.

During the public comment part of the meeting, Nick Palmetier, president of the Muncy Township Volunteer Fire Company, asked the board when the cleanup from a sewer backup in the fire department’s section of the Township Building would be done.

Palmetier argued that the fire department had been told by Lauchle that the excrement on the first level floor where the fire department is located would be cleaned up by now. The back and forth grew heated with other members of the audience joining in before the solicitor intervened stating that only one person could speak at a time.

“The firemen are not allowed in the building unless they are responding to a call because of the hazardous conditions downstairs,” he said.

“In your lease, you are responsible for that cleanup and I want to know why it’s not being done,” he said.

“So seven days, almost eight days is acceptable to have fecal matter laying on the floor downstairs,” Palmetier asked Lauchle.

When she replied that this was the first time she had heard about it, Palmetier insisted that multiple attempts had been made to call her.

When it was suggested that the lease agreement between the township and the fire department be reviewed and that the cleanup work be done by the fire department and then reimbursed by the township, Palmetier responded, “Why is the fire company getting punished for having fecal matter on the floor?”

The next regular meeting of the township board is scheduled for 7:30 p.m. May 13 at the Township Building, 1922 Pond Road.

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