Olyphant invalidates own zoning to buy more time to regulate data centers

The Olyphant Borough Council in Pennsylvania recently voted 4-3 to declare its existing zoning ordinance invalid because it excluded data centers, effectively giving the borough six months (180 days) to establish new regulations for the industry. This decision came after the council initially rejected a proposed zoning amendment that would have restricted data centers to conditional uses across 1,000 acres east of the Casey Highway. Council members Joseph Collarini, Michael Abda, Dina Harrington, and Beth Frushon supported rejecting the amendment and pursuing a curative amendment, a strategy mirroring that of neighboring Throop. Council President Jimmy Baldan, Vice President Bob Hudak, and Councilman Eric Hartshorn voted in favor of the initial amendment. This maneuver leverages a provision in the Pennsylvania Municipalities Planning Code (MPC) to prevent legal challenges related to exclusionary zoning, as municipalities must allow for all lawful land uses within their borders. Special counsel Isaac P. Wakefield emphasized that no formal data center project has been proposed, though utility maps from Pennsylvania American Water and PPL Electric Utilities have referenced a potential "Project Triboro" near the Triboro Industrial Park. The council's proposed amendment, which was rejected, would have imposed conditions like 80-foot height limits, 200-foot residential setbacks, and requirements for various impact assessments including environmental, water supply, and emergency services. It also mandated power from Olyphant Borough Electric and required analyses of water needs. The meeting saw significant opposition from at least 70 residents, who raised concerns about environmental impacts, noise, property values, and electricity strain. Residents, including Donna Liples and Lauren Telep, urged the council to implement stricter controls, with Telep advocating for a referendum. Officials clarified that data centers would be responsible for power infrastructure upgrades and that current construction at Triboro Industrial Park is for approved warehouses, not data centers. The borough's action aims to proactively establish meaningful restrictions on data centers.