OLYPHANT, LACKAWANNA CO. (WOLF) — A packed and, at times, confusing meeting in Olyphant Tuesday night ended with council rejecting a proposed zoning amendment for data centers, before quickly moving to introduce a curative amendment to buy more time to rewrite it.
The zoning amendment meeting was not tied to any specific developer or project. Borough officials emphasized there is currently no formal application for a data center in Olyphant. Instead, leaders say the zoning ordinance was meant to address a gap in the previous borough’s zoning ordinance and establish regulations before a developer submits plans.
Under Pennsylvania law, municipalities cannot outright ban a land use, even if it’s unpopular. Without defining where and how data centers are allowed, the borough could be vulnerable if a developer applies.
“The issue is if tomorrow an applicant came into the borough with that proposal, that person is entitled to that plan because the borough is not placing these anywhere in that ordinance,” said the solicitor.
The proposed ordinance aimed to regulate data centers within the borough’s CM-2 zoning district, setting standards for building size, setbacks, environmental impact, noise, water usage, and electrical infrastructure. It also made clear that any necessary upgrades, particularly for power, would be the responsibility of the developer.
Requirements included detailed studies on sound, environmental impact, and community effects, along with strict water usage reviews to ensure no harm to local wells or waterways. Developers would also need to prove sufficient electrical capacity and cover the cost of infrastructure improvements.
Despite those provisions, some community members and residents questioned why the borough should move forward without a project on the table, and whether the regulations were strong enough.
“Make it so that the regulations are difficult for them so why would they bother to come here? I think we’ve got to make it difficult in the ordinance and from what I’ve heard everything’s very lax,” said Stephanie Saxon.
Environmental concerns were also raised, particularly around air quality and emissions.
“Data center operations shall comply with the applicable federal, state and local air quality and emissions regulations. Do we have an air quality regulation in the borough, or should we get one before adopting this?” asked Reggie Mariani.
When it came time to vote, council rejected the zoning amendment in a narrow 4–3 decision.
But the discussion didn’t end there.
In a move that caused confusion among council and those in attendance, council then voted to amend the agenda to introduce a “curative amendment,” which is a legal mechanism under Section 609.2 of Pennsylvania’s Municipalities Planning Code.
They then approved a motion to declare that curative amendment.
The decision effectively gives the borough 180 days to revisit and revise its zoning ordinance, while also protecting it from legal challenges in the meantime.
In Olyphant’s case, officials acknowledged that if a developer were to submit an application now, the borough could attempt to deny it, but without defined zoning regulations, that denial could be challenged in court.
Council has up to six months to determine how and where data centers could be regulated in Olyphant.