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Muncy Township solicitor believes data center developer skipped step in process

By Pat Crossley 6 min read

PENNSDALE -- As Muncy Township faces the possibility of a data center being constructed within the township, Joe Orso, of Rudinski, Orso and Associates, the township's solicitor, feels that the developer -- in their haste to file documents before a data center moratorium was enacted --skipped a step in the process.

This conclusion was made, Orso said, following talks with Victor Marquardt, the township's zoning officer.

"It is my opinion, and I believe Victor's opinion as well, that DANKO has skipped the first step of the process," Orso said at this month's supervisors' meeting.

"The first step of the process is a request to the zoning officer for the use. At that point, it's anticipated the zoning officer would respond. There is nothing in the zoning ordinance about data centers...There's nothing prohibiting them, but nothing that deals with them," Orso explained.

The next step would be for Marquardt to refer the application to the supervisors for a conditional use hearing, Orso said.

DANKO Holdings II/Fishlips LLC, the development company, is owned by Dan Klingerman.

According to Orso, what DANKO did was on April 27, they read the April 28 agenda, which had about a moratorium for data centers, and they rushed to file documents prior to that vote on April 28.

According to information given to the Sun-Gazette, DANKO's initial filing was actually on April 22 and then a second filing was made on the 27th.

"They filed two documents. (They) never filed a request for Victor to make a determination, an actual permit application. They ironically filed a request for a curative amendment, and in that request, they say there's nothing in your zoning regulations about data centers. Here's our proposed curative amendment," Orso said.

Orso claimed that by acknowledging that a curative amendment was necessary, DANKO was admitting that the township's planning commission's work at formulating that very amendment was absolutely necessary for the process.

"They also then file a request for a conditional use hearing in an attempt to beat the clock, which is step two in the process," he said.

"So then, what they did is, of course, as everybody knows, they filed for deemed approval, published it in the Sun Gazette on July 15th, published the property, I believe, on July 22nd. The next step is within 30 days, and I think that to be safe, it should be within 30 days of July 15th," he continued.

"Any citizen can file an objection to that deemed approval. The supervisors cannot file an objection to the deemed approval. Where and when the supervisors object to the deemed approval is the next step. At some point, DANKO would file a mandamus action, asking the court to recognize the deemed approval, and at that time the township would object," Orso explained.

A writ of mandamus is a legal action filed when it is believed that officials are refusing to carry out legally specified duties.

Orso stated that the township's primary objection at that time would be that DANKO skipped step one in the application process.

"So that's where we are," he said.

"The curative amendment process, thanks to the planning commission, is moving ahead full steam forward...as to DANKO, the ball really is in the citizens' court because the citizens are the ones that have the right under the Municipalities Planning Code to file for the objection to the deemed approval," Orso said.

The solicitor also addressed the curative amendment process that needs to happen in order for data centers to become a part of the township's zoning ordinance.

The regular township supervisors' meeting was moved to the first Wednesday of the month in August at Orso's request in order to meet deadlines in the process of approving a curative amendment which is now being drawn up by the township planning commission.

The board passed a resolution at the meeting which directed the Planning Commission "to initiate review and development of zoning regulations addressing data centers, data center campuses, high-intensity data processing facilities, and any substantially similar uses in function or impact." (The full text of the resolution is on the Muncy Township website.)

"The reason why we're here tonight instead of next week is under the curative amendment process...has to be passed within 30 days of the declaration that the zoning ordinance is invalid...that's a required resolution under the Municipalities Planning Code," Orso said.

"I want to give everybody a quick update on the process from here on out on the curative amendment. The next big step is by October 4, we need to have it ready to go to ultimately present to the supervisors an amendment to the zoning ordinance dealing with data centers," Orso explained.

"The planning commission has been working diligently on this. Expect a lot of input from them on this issue. The ironic thing is, we have to have an ordinance, and on October 4, we actually have to refer it to our planning commission and also to the county planning commission," Orso said.

In order to fit within the timeframe of the Municipalities Planning Code, of when the board of supervisors has to have the process completed, a public hearing is tentatively scheduled for Nov. 4 to hear public comment on the proposed zoning amendment on data centers.

"The adoption is tentatively scheduled for December 9," Orso said.

In other business, the board approved the following: a transition to Geisinger Health Plan with a cost increase of $3,048 for employees of the township; the adoption the Lycoming County 2026 Hazard Mitigation Plan resolution as a prerequisite to receiving post-disaster Hazard Mitigation Grant Program funds; the appointment of a Chief Accounting Officer; Compu-Gen quotes of $483 for a microphone in the police interrogation room and $1,551 for two cameras and a hard drive for the larger meeting room; quotes from McHenry Construction for downspouts, $1,050; garage ridgecap, $600; garage shingles, $2,860 and building shingles, $4,670.

Following a discussion of the necessity of paying a three-night hotel stay for a two-day convention for the township tax collector, Ann Smith, the board approved payments for two nights. It was also questioned if she needed to attend the convention at all for accreditation when there were online options that could be used.

During the meeting the Planning Commission reported that they had looked at the FAMvest/WAWA plans and were referring them to the township engineer for suggestions on them.

The next meeting will be at 7:30 p.m. Sept. 9 at the municipal building, 1922 Pond Road.

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