In a decision that could significantly impact the landscape of Clifton Township and its surroundings, the local zoning board is set to determine whether data centers are permissible under current zoning laws. This decision comes amidst a contentious debate over a proposal by 1778 Rich Pike LLC to construct a sprawling data-center complex across nearly 1,000 acres.
On April 17, the developer initiated a substantive validity challenge to the township’s zoning ordinance, setting off a series of hearings that commenced in July. These hearings were conducted to address the developer’s request for site-specific relief, particularly concerning three properties, one of which is designated for residential use.
Meanwhile, township supervisors amended the zoning ordinance on May 22 to allow data centers within the Industrial Zoning District, though only by conditional use. This amendment led to a procedural validity challenge by the developer and property owner, JCO, citing potential violations of the Sunshine Act.
Community concerns have been a focal point throughout the hearings, with many residents voicing opposition to the proposed data center. They fear adverse effects on local water and power supplies and potential health risks. “The proposed data center campus would upend this quiet community,” expressed Louise Troutman, executive director of Pocono Heritage Land Trust. She highlighted the potential environmental degradation, light and noise pollution, and possible decline in property values.
However, the developer, represented by Attorney Anthony Maras, presented a different perspective. He argued that the project, referred to as “Project Gold,” would generate significant economic benefits, including 400 to 500 jobs and substantial tax revenue. “To this region, data centers will be what coal and steel were,” Maras remarked during an April meeting with township supervisors.
The data center hearing process
The zoning board’s attorney, Tom Nanovic, has segmented the hearing process into two distinct phases. The initial phase, spread over four hearings, focused on whether the current zoning ordinance effectively excludes data centers. During this phase, 1778 Rich Pike LLC presented six expert witnesses, who were subsequently cross-examined by township solicitor Geoffrey Worthington and affected residents.
The board, comprised of five members, is poised to vote on the ordinance’s validity. Should the board find the ordinance sufficient for the project’s development, the hearings will conclude. Otherwise, further testimony will be sought to determine necessary amendments to the ordinance.
Timeline: Data center challenge
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April 17: 1778 Rich Pike LLC filed a substantive validity challenge, arguing the zoning ordinance excludes data center uses. On the same day, Clifton Township Supervisors introduced a data center ordinance to permit such facilities as conditional uses in the Industrial District.
- May 22: The township supervisors approved an amendment to regulate data centers.
- June 20: The developer and JCO issued a procedural validity challenge, alleging procedural discrepancies, including violations of the Sunshine Act.
- July 24: Covington Township Supervisors incorporated data centers into their zoning ordinance.
- July 29: Hearings began in Clifton. Despite a request to reschedule, the zoning board maintained the original timeline. Testimonies included representatives of 1778 Rich Pike LLC confirming agreements for property sales intended for the data center.
- August 21: No agreement reached between Clifton Township and the developers, with residents continuing their opposition.
- September 9: Further hearings took place, focusing on zoning definitions and potential impacts on land planning.
- September 29: Clifton Township supervisors voted against a proposed settlement with the developer, largely due to concerns about the use of nuclear power and impact on neighboring Covington Township.
- September 30: Discussion continued among legal representatives, residents, and experts regarding the project’s requirements and existing zoning limitations.
- October 29: Attorney Maras resumed questioning, calling Keith Ottes, a civil engineer, to testify about the physical requirements for data centers, comparing them to existing zoning restrictions.
