Muncy Township solicitor believes data center developer skipped step in process
Muncy Township's solicitor believes a data center developer, DANKO Holdings II/Fishlips LLC, skipped a crucial step in the application process by not first seeking a determination from the zoning officer. The developer reportedly rushed to file documents, including a request for deemed approval, before a data center moratorium was enacted. The township is now actively working on drafting a curative amendment to its zoning ordinance to specifically address data centers, with public hearings and adoption tentatively scheduled for later in the year.
Muncy Township is embroiled in a procedural dispute with data center developer DANKO Holdings II/Fishlips LLC, regarding a proposed data center project. Township solicitor Joseph Orso asserts that DANKO skipped the initial step of requesting a use determination from the zoning officer, an opinion shared by zoning officer Victor Marquardt.
DANKO, owned by Dan Klingerman, reportedly filed multiple documents, including a request for a curative amendment and a conditional use hearing, in late April. Orso suggests these filings were an attempt to pre-empt a data center moratorium that was on the agenda for an April 28 vote and subsequently enacted. The developer later filed for "deemed approval" for the project, which was published in July.
Orso explained that while the supervisors cannot directly object to the deemed approval, citizens have the right under the Municipalities Planning Code to file objections. He anticipates that DANKO would eventually file a mandamus action in court to recognize the deemed approval, at which point the township would formally object, citing the skipped procedural step.
Simultaneously, the township's Planning Commission is diligently working on a curative amendment to the zoning ordinance to establish clear regulations for data centers. The board passed a resolution directing this review. A public hearing on the proposed zoning amendment is tentatively scheduled for November 4, with adoption planned for December 9, to meet deadlines under the Municipalities Planning Code.