Upper Mount Bethel data center developers would drop legal action, donate up to $50 million under tabled deal

Upper Mount Bethel Township supervisors have tabled a significant agreement with data center developers Slate Belt Holdings LLC, a partnership between Talen Energy and River Pointe Logistics Center LLC. The proposed memorandum of understanding (MOU) outlined that the developers would withdraw their legal challenge against the township's zoning laws and commit up to $50 million in community donations if officials collaborated on new data center zoning regulations and ultimately approved their plans.

The decision to table the MOU followed an extensive three-hour meeting marked by strong public opposition, with over 100 residents attending, approximately 90% of whom raised hands in objection to the data center project. Supervisors, including Board Chair John Bermingham and Supervisor Jon Erler, expressed concerns that the developer-drafted agreement was "one-sided" and required substantial amendments to adequately protect township interests, including environmental safeguards and plans for facility decommissioning.

Developers had filed a "validity challenge" on July 23, contending that the township's current zoning ordinance unlawfully excludes data centers. Supervisor Erler noted this was a "defensive move" by developers following the township's advancement of plans to amend its zoning ordinances. Environmental advocate Maya van Rossum, from Delaware Riverkeeper, urged supervisors to allow more public input on the MOU, cautioning against quickly accepting developer terms. The proposed campus could involve 23 data center buildings, each over 200,000 square feet, and would necessitate amending zoning to allow data centers in industrial I-2 and I-3 districts. The township has been working on a draft data center ordinance, which was sent to the Lehigh Valley Planning Commission and an updated version posted online, but it has not yet been passed.