Limited options: Lawmaker explains role township ordinances will play in data center development
State Rep. Joe Hamm informed Muncy Township residents that local officials have the power to regulate data center development through zoning ordinances, despite state law requiring municipalities to allow them. The township previously enacted a six-month moratorium to amend its zoning, responding to a proposal by DANKO LLC/FishLips LLC. Residents are concerned about environmental impacts, water use from the Susquehanna River, and electricity demands, while state-level legislative efforts for a moratorium face challenges.
State Rep. Joe Hamm addressed Muncy Township residents in Pennsdale, Pennsylvania, regarding a proposed data center, clarifying that while the state has limited authority over local zoning, township officials, particularly the supervisors, possess the power to regulate development through ordinances. His remarks aimed to temper expectations among residents who hoped for state intervention to block data centers, emphasizing that municipalities must allow data centers to locate somewhere within their jurisdiction.
The township had previously enacted a six-month moratorium on data centers to revise its zoning ordinance, prompted by a proposal from DANKO LLC/FishLips LLC for a facility on an industrially zoned property on Yetter Road. Hamm explained that local boards can impose reasonable conditions through conditional use hearings but cautioned against outright denials without strong legal justification, as such actions could lead to costly court challenges and potentially unconditioned development.
Residents voiced significant concerns about the environmental impact, water usage for cooling (especially drawing from the Susquehanna River, which is regulated by the Susquehanna River Basin Commission), and potential strain on the state's electricity grid. Hamm, while personally advocating for data centers to be in industrial parks and to respect community quality of life, noted that various state-level bills, including a 180-day moratorium and a repeal of sales tax forgiveness for data center equipment, are under consideration. However, he expressed skepticism about their swift passage due to the complex legislative process in Harrisburg.
Resident Karin Waugh specifically questioned the proposed DANKO LLC/FishLips LLC data center's location within a Department of Environmental Protection recognized environmental justice zone, arguing it intensified environmental concerns and contradicted Pennsylvania's constitutional environmental rights amendment. She asserted that Lycoming County, as a significant natural gas producer, should not be burdened with additional industrial developments like data centers.