Clifton Township Revisits Zoning Ordinance Amid Data Center Development
In a bid to effectively regulate the burgeoning data center industry, Clifton Township supervisors are engaging community members to refine the existing zoning ordinance. “I appreciate all the respect that everybody gave and received. I thank everybody. Great comments, and this is exactly what we had hoped to get out of this meeting,” Chair Jill Zindle expressed, highlighting the value of public input.
The township’s recent meeting, which incorporated the inaugural public hearing for the ordinance update, follows a significant judicial ruling. Lackawanna County Judge Mark Powell invalidated the township’s prior data center regulation ordinance, stating it “never became law,” according to Solicitor Geoffrey Worthington.
This legal development arises as 1778 Rich Pike LLC, a developer planning an extensive data center complex across Clifton and Covington townships, challenged the ordinance through multiple legal channels. “So my opinion is that now it can no longer serve as a platform for a substantive challenge,” Worthington commented on the voided ordinance.
Between December and June, Gouldsboro Land LLC, an affiliate of 1778 Rich Pike LLC, acquired multiple properties totaling 315 acres in Covington Township and a 141-acre parcel in Clifton Township, making their intentions for development clear.
Legal Challenges to the Ordinance
- April 17: 1778 Rich Pike LLC initiated a substantive validity challenge, asserting the zoning ordinance inadequately accommodated data center-related uses. Concurrently, Clifton Township proposed a new ordinance to allow data centers as conditional uses in the Industrial District.
- May 22: A zoning amendment was introduced by Clifton supervisors to regulate data centers.
- June 20: The developer and JCO LLC filed a procedural validity challenge, citing violations of the Sunshine Act and other procedural issues.
- July 29: Zoning Hearing Board sessions commenced in Clifton.
- Nov. 19: The Zoning Board supported the ordinance, affirming data centers could be developed within the township.
- Jan. 2: A settlement with 1778 Rich Pike LLC was approved by Clifton supervisors for three properties.
- July 9: Worthington publicized the upcoming August meeting and shared the proposed ordinance.
- July 17: Another substantive validity challenge was filed by 1778, accompanied by a curative amendment proposal.
Community Feedback on Ordinance Revisions
Ahead of Judge Powell’s ruling, Clifton Township had already embarked on updating its data center zoning ordinance, a move underscored by residents’ active participation. Notably, several attendees advocated for increased woodland buffer zones beyond the current 100 feet stipulated in the draft ordinance. Danielle Schneider, a local resident neighboring the proposed development site, urged, “I would like the board to please review that and maybe start with 500 feet to half a mile.”
Additional community recommendations for the ordinance included:
- Pamela Barton Robinson suggested lowering the water withdrawal threshold requiring approval from regional river basin commissions from 100,000 gallons to 50,000 gallons per day.
- Gretchen Bentler advocated for keeping facility access routes out of residential areas and reducing building heights to 35 feet, consistent with other township zoning regulations.
- Philip Mosely recommended adhering to Dark Sky International Organization standards for outdoor lighting.
- Karl Knepley proposed a financial reserve requirement for decommissioning and addressing potential well water issues.
- Rich Troscianecki advised the inclusion of a provision for developer-funded enforcement of the zoning ordinance.
“We are not here to design and set up buildings that meet their needs. We live here. We pay the taxes, and we’re the ones that are going to be impacted greatly, not only by our health, but our home values, everything,” Bentler emphasized, reflecting the community’s resolve.
While Worthington acknowledged receipt of a “redlined” version of the ordinance from 1778’s legal counsel, the ordinance remains in a “pending” status following Powell’s ruling. Worthington clarified that any zoning application submitted would be evaluated under the proposed ordinance, pending its finalization at a public meeting, which is scheduled to continue on September 17 at the Gouldsboro Fire Hall.
