Muncy Township solicitor: Data center filings are ‘inconsistent’
Muncy Township is urgently drafting a curative amendment to its zoning ordinance regarding data centers after developer DANKO Holdings II,/FishlIps, LLC claimed "deemed approval" for its project. The township solicitor stated that while data centers cannot be banned, conditions can be imposed, and a legal challenge could ensue if residents object to the deemed approval. The township is following a strict timeline to enact the amendment and potentially impose conditions on the project.
Muncy Township is facing a challenge from developer DANKO Holdings II,/FishlIps, LLC regarding a proposed data center on Yetter Road. Solicitor Joseph Orso III informed the Muncy Township Supervisors that the developer claims "deemed approval" for its project, citing inconsistent filings from the municipality and missed deadlines outlined in the Municipal Planning Code. Orso, representing Rudinkski, Orso and Lynch, explained that while the township cannot outright ban data centers, it can impose conditions.
The potential ramifications of "deemed approval" include the developer publishing a notice, which would then open the door for concerned citizens to file objections in court, potentially leading to a one-to-two-year litigation delay. Alternatively, if the application precedes the township's planned curative amendment, it could proceed to a conditional use hearing where supervisors could approve the project with specific limitations.
In response, the township is expediting the drafting of a curative amendment to its zoning ordinance. The timeline involves the supervisors passing a resolution on August 5 to declare the current zoning ordinance invalid, followed by notices to the Muncy and Lycoming County Planning Commissions by October 4. A public hearing is slated before December 9, with the final adoption of the amended zoning ordinance at the December 9 supervisors' board meeting. The entire curative amendment process must be completed by January 4, 2027, under the Municipal Planning Code.