Hearing on Penn Forest Data Center Ordinance Postponed
A substantive validity challenge to Penn Forest Township's recently passed data center ordinance was continued due to a conflict for the challenger, J. William Fontaine. Residents expressed frustration over the delay, leading the Zoning Board to reschedule the hearing for August 17th.
A substantive validity challenge against Penn Forest Township's newly enacted data center ordinance has been postponed for a third time. J. William Fontaine, who filed the challenge, requested a continuance for a hearing scheduled at Penn Forest Fire Company 1 due to a personal conflict arising from a death for which he is a court-appointed representative.
The delay was met with vocal frustration from a capacity crowd of residents. Zoning Board solicitor Greg L. Mousseau and Zoning Chair Audrey Wargo had to remind the audience about decorum, emphasizing that the proceedings were still being recorded. They then clarified that the board was legally required to vote on the continuance in a public meeting, which they did.
Mousseau explained that there is no legal limit to the number of continuances under the municipality planning code. A new hearing date has been set for August 17th at 6:30 p.m. at Penn's Peak. Residents raised concerns about the costs incurred by the township for venue rentals for these hearings, with the Zoning Board recommending they address the Board of Supervisors regarding charging Fontaine for these fees.
Zoning Chair Wargo assured residents the board is doing its best with limited information and encouraged them to review municipal zoning rules online for a better understanding of the process. The challenge, described as a formal legal action claiming fundamental flaws in the ordinance, will proceed like a regular hearing where the zoning board acts as judges to determine if the challenger meets the burden of proof, involving questions, witnesses, and cross-examination.