Throop declared its own zoning invalid to give itself time to regulate data centers.

The borough now has until the end of July to adopt zoning standards governing data centers after council took the uncommon step in January to deem part of its own 2021 zoning ordinance invalid because it failed to address data centers. To remedy its exclusionary zoning, council unanimously voted Jan. 27 to prepare a curative amendment to define and regulate data centers, according to meeting minutes.

By preparing its own curative amendment, Throop is using a provision under the Pennsylvania Municipalities Planning Code, or MPC, more commonly leveraged by property owners, not municipalities.

About curative amendments

Municipalities in Pennsylvania are required to allow for every type of lawful land use somewhere within their borders, from landfills to data centers, and failing to do so exposes local governments to legal challenges due to exclusionary zoning. The MPC allows property owners to challenge the validity of a municipality’s zoning when it prohibits or restricts the development of their land, and to “cure” the defect, they can submit a curative amendment providing their own zoning standards. The MPC also allows a municipality to adopt its own curative amendment, but local governments rarely use that provision.

Municipalities throughout Lackawanna County have spent the past year scrambling to update their land-use laws to address data centers and avoid similar challenges like the legal battle now playing out in Ransom Twp. after Scranton Materials LLC sought a curative amendment to allow data centers on its Newton Road property because the township’s zoning ordinance did not include them. When supervisors effectively denied that amendment in January, the quarry took the township to court, asking a judge to declare Ransom’s zoning ordinance as exclusionary to data centers.

Prior to 2025, virtually none of Lackawanna County’s 40 municipalities adequately defined and regulated data centers in their zoning ordinances. The only communities to reference data centers in their zoning — Archbald and Jessup, which used the same planning company to develop their ordinances — only referenced the facilities while being overly permissive with their zoning standards. That permissive zoning eventually required the borough councils in both towns to adopt data center-specific amendments restricting their development.

So far in the Midvalley, Archbald, Blakely, Dickson City and Jessup have adopted data center zoning standards, with Olyphant set to hold a March 31 hearing to consider its own legislation. Elsewhere in Lackawanna County, communities that have also updated their zoning for data centers include Carbondale, Clifton Twp., Covington Twp. and Mayfield.

There are currently data centers proposed in Archbald, Clifton and Covington townships, Dickson City, Jessup, Olyphant and Ransom Twp. Some of those proposals are now tied up in legal battles, though.

Throop’s zoning

In Throop’s case, borough council adopted two resolutions on Jan. 27. The first resolution declared its zoning ordinance “substantially invalid with respect to the use of property for the establishment and operation of a property for a data center.” It gives the borough up to 180 days to amend its zoning, setting a late July deadline for the legislation.

The second resolution initiated the curative amendment process. It acknowledged that Throop’s zoning ordinance does not contain any definitions for land-use regulations similar to data centers and requires an amendment to define and regulate them.

“The proposed development of data centers are anticipated to occur in Throop Borough,” according to the resolution. “The inclusion of fair and appropriate regulations for data centers will serve the interests of the public health, safety, and general welfare of residents of Throop Borough.”

The curative amendment was “1,000,000% proactive,” said Zoning and Code Enforcement Officer Andy Hegedus. Throop has not received any applications or inquiries from data centers, he said.

The borough sought the curative amendment at the advice of its planning consultant, Jack Varaly, who wrote Throop’s existing zoning ordinance, Hegedus said. Zoning ordinances are dynamic documents that have to change with the times, he said.

“We wanted to take all the necessary steps and precautions based on the professional that wrote our original zoning ordinance,” Hegedus said. “He should have a say in this along with council and the borough so that we were doing everything possible to ensure the safety and welfare of our residents and our businesses.”

Throop had the benefit of watching data center zoning play out in surrounding communities, he said.

“We took some action … proactively researching it before we got to the curative amendment stage,” Hegedus said, explaining officials want to ensure residents are comfortable living in Throop. “We’re going to do everything to make sure that they don’t upset anybody’s lifestyle here.”

Although it’s still too soon for specifics, Hegedus anticipates that data centers will become conditional uses in an overlay district. Lackawanna County communities that have adopted data center standards have largely classified them as conditional uses in overlay districts.

Conditional-use designations allow municipalities to establish data center-specific standards that developers must adhere to in order to receive approval from a council or board of supervisors. Prior to voting on a conditional use application, municipalities are required to hold a public hearing where developers speak about their project, borough officials and impacted parties can cross-examine the data centers’ representatives, and residents can testify for or against the proposal.

Overlay districts allow a land use, like data centers, on top of an existing zoning district without changing the underlying zoning standards, meaning that if data centers don’t materialize, the land retains its original zoning.

If Throop receives an application from a data center during the 180-day window that began Jan. 27, the developer would be bound by the upcoming zoning standards, Hegedus said.

Council President Rich Kucharski expects to place the overlay district along Marshwood Road. Neighboring Olyphant’s proposed data center legislation would also make data centers conditional uses along Marshwood Road at the site of the proposed Triboro Industrial Park.

The borough’s top priority is to protect its residents, and placing the overlay district on Marshwood Road would keep data centers about 2 miles away from residences, Kucharski said.

“If they have to be allowed to go somewhere, there’s 750 acres on Marshwood Road a couple miles out of town,” he said.