Still no hearing set on proposed Newton Twp. data center
Popca LLC appealed Newton Township's denial of its data center plans three months ago, but a hearing has yet to be scheduled. This delay could lead to the plans being deemed approved under Pennsylvania law if deadlines are missed. The developer seeks to build two data center buildings on a 76-acre property.
Three months after Popca LLC appealed Newton Township's denial of its plans for a two-building data center, township officials have not scheduled a hearing. The developer, through Mark Gawron, seeks a zoning permit to construct two 35-foot-high, 660-foot-long, and 220-foot-wide data center buildings, along with generation yards, a well, septic tank, substation, guard building, and stormwater facilities, a project estimated to cost $280 million.
According to the Pennsylvania Municipalities Planning Code, the first hearing for an appeal must occur within 60 days. Failure to make a decision within that period can result in the application being deemed approved, unless an extension is mutually agreed upon. While a hearing was initially set for April, the developer requested a continuance, and no new date has been set by the township. Zoning Hearing Board Chairman Keith Eckel stated his belief that it is the developer's responsibility to reschedule.
The initial denial by Zoning Officer Scot Haan in February stated that commercial land use, including data centers, is not permitted in the township's rural resource zoning district, particularly since Newton Township, as part of the Scranton-Abingtons Planning Association (SAPA), does not have heavy commercial or industrial uses. Gawron's attorneys, William and Brian Vinsko, appealed this decision, arguing it improperly excludes a legitimate land use in violation of the state's planning code, suggesting data centers are similar to existing permitted commercial, institutional, utility, or light industrial uses. No municipality in SAPA currently has specific zoning language for data centers.