Muncy Township solicitor: Data center filings are ‘inconsistent’

PENNSDALE -- Following a revelation at this month's Muncy Township Supervisors' meeting by newly-appointed solicitor Joseph Orso III, the process of drafting and enacting a curative amendment to the township's zoning ordinance to deal with data centers has become even more imperative.

Orso, of Rudinkski, Orso and Lynch, discussed both the timeline of the process and what has happened since the initial filing by DANKO Holdings II,/FishlIps, LLC in April to develop a data center at Yetter Road in the township.

Orso confirmed that there have been filings by the developer, but he said that he described them as

"inconsistent filings."

"As I said at the last township meeting, these deadlines in this municipality's planning code-they're strict deadlines and they're rigid. They're set out, and if a municipality does not do something within those rigid deadlines, a developer can say, "Well, it's deemed approved," he said.

"The reason for that, I believe, in the code is it would prevent a municipality from just taking an application and putting it aside for a year and not doing anything on it. I think that's the intent," Orso said.

"There's been some things filed. I guess what I'll say...is inconsistent, different plans with different buildings," Orso said.

He explained that the township had received a letter, which they sent to him from DANKO's lawyer saying that they "have deemed approval" of their project.

"Now, what does deemed approval mean? As I said last week, we can't ban data centers. We have to allow them somewhere. If you look at our zoning code, everything is allowed.

"So the issue becomes conditions. So let's look under the law at the worst case scenario. Well, the best case scenario is that I'm correct, and it's going to be maybe legally determined, and they're going to be subject to whatever this commission and the supervisors put together," he said.

"Worst case scenario is that they follow through with their deemed approval," he said.

Under deemed approval, the developer would have to, according to the planning code, direct the township to publish a notice in the newspaper that the project has been deemed approved,

"The township's not going to do that. Of course, the code provides that if the township doesn't post that notice, the developer can post that notice," Orso said.

"The reason they have to post the notice in the paper under the legal notices is because at that point, any concerned citizen can file an objection in court, fighting the deemed approval. Concerned citizens would be any resident of the township, any neighbor of the property, and of course, what that does, that's going to lead to a litigation process, which would probably be a one to two-year delay. The other alternative is, if this application, in fact, precedes our curative amendment process, it would then go to a conditional use hearing, and what a conditional use hearing is, is it's before the supervisors, and the supervisors can approve the project conditionally, and list conditions," he said.

Orso explained that if a conditional hearing happens, he would like to have the planning commission ready to present to the supervisors at the hearing what the commission believes are the "best limitations and reasonable restrictions on the data center," which would at that point be in the ordinance.

"That's why you have your review. So, even worst case scenario, we're going to get some input," he added.

Orso listed the process needed to meet the timeline. First, next month's supervisors' meeting will be at 7:30 p.m. Aug. 5 in order for the supervisors to pas a resolution stating why the zoing ordinance is invalid which would start the 30-day time limit under the Municipal Planning Code.The zoning ordinance was declared invalid on July 8.

The curative amendment timeline states that a notice to the Muncy Township Planning Commission and the Lycoming County Planning Commission of the proposed amendment is due by Oct. 4 and then a notice of intent to amend the zoning ordinance must be published in a newspaper of record on or about Oct. 4.

Then two notices not more than 30 days before and not less than seven days before a public hearing on the proposed zoning change. The zoning ordinance would then be adopted at the Dec. 9 supervisors' board meeting.

Under the Municipal Planning Code, the curative amendment process must be completed by Jan. 4, 2027.