A resolution declaring the county’s zoning ordinance regulating data centers invalid and initiating a curative amendment to the ordinance was passed by the Lycoming County commissioners at their meeting this week.

According to the resolution, the ordinance which was enacted in 1991 and amended in 2021 “is substantially invalid in that it does not provide for appropriate zoning regulation of data center, accessory data center and other equivalent or similar uses.”

It cited the potential impact they have on the community that “warrant specific zoning regulations in the ordinance to regulate said uses.”

In introducing the resolution, Jenny Picciano, director of planning and community development, said that according to the state’s Municipal Planning Code, the resolution triggers an 180-day period to enact a curative amendment to the ordinance to correct the declared invalidity.

Commissioner Marc Sortman thanked the planning commission and planning department for “jumping on this matter as quickly as they did.”

“This is a stop gap position for us and allows us to get a proper ordinance in place,” Sortman said.

During commissioner comments, Sortman sought to clear up what he termed “confusion on my comments last week to the resident who inquired about data centers.”

“I just would like to clarify that the county does not receive applications for development, except for the 19 municipalities that are part of our partnership that facilitates their planning and zoning,” Sortman said.

He listed the following municipalities which pay the county for planning and zoning services: Bastress, Brown, Cogan House, Gamble, Jackson, Jordan, Limestone, McHenry, McIntyre, McNett, Mifflin, Moreland, Penn, Pine, Porter, Cascade, Lewis, and Plunkett Creeks townships and Salladasburg borough.

“The commissioners do not see these applications. The county planning department either approves or denies based upon the county ordinance. Commissioners do not vote on what is allowed or not allowed in any of the local municipalities,” Sortman said.

He noted that the commissioners did vote to approve the ordinance, followed by the planning department. The Chamber of Commerce could also be approached by companies seeking to bring a data center in which Sortman said Jason Fink, president and CEO of the chamber would update all county and state legislators on those applications.

“To date, none have been brought to our attention, with the exception of the current Muncy Township, that we too are only privy to what the news outlets have shared with us,” he said.

Sortman noted that “Muncy Township currently is awaiting some guidance based upon what new ordinance is added by the county for data centers, but since they are not part of our partnership, they would have to adopt their own ordinance based upon the counties or some version of it.”

“All other municipalities in the county will need to do the same. They all will have the county ordinance available to them for review, but must adopt their own,” Sortman said.

“As I said last week, I urge them to adopt that and to do that very quickly again. I must repeat, we cannot deny any type of business by Pennsylvania law. All municipalities must allow any type of business somewhere within their ordinance, and then add conditions,” he stated.

“We are following the Allenwood data center very closely, but have no part in any decision or input,” he added.

He noted that the resolution the commissioners approved gives the county time to create a “quality ordinance.”

“Tonight our planning commission will meet to discuss such an ordinance and try to get it done,” he said.

He added that he would encourage people to attend the meetings and “not just be a keyboard warrior with speculations.”

There will be a planning commission meeting Thursday June 18, at 6.p.m., in the commissioners room, on the third floor of 33 West Third Street, Williamsport.