Council moves to send proposed ordinance restricting data centers to planning commissions after heated exchange

Councilman Byers moved July 14 to add and to send a one-page ordinance that would remove data centers from "light business" zoning for referral to municipal and county planning commissions, arguing the change would speed the resale of the McGinnis property and reduce the risk of delays from appeals.

Byers told council he wanted a narrowly focused amendment so the borough could advertise the McGinnis parcel for sale "without all the baggage and considerations associated with data centers," and to avoid the risk that an appeal could hold up a sale for years. He said he borrowed language previously used by the borough and had the draft reviewed by the solicitor before presenting it to council.

Residents and council members pushed back. Jenny Baier, who identified herself during public comment, urged the council not to write an ordinance that allowed data-center use on the McGinnis site and asked the council to avoid selling the property, saying public sentiment earlier this year favored preserving the parcel as green space.

Other council members noted legal limits: borough counsel and staff reminded the panel that state law generally prevents excluding a specific use from every zoning district, so any ordinance must allow data centers somewhere in the borough. Council members also discussed the borough’s grant terms tied to McGinnis: staff said the borough must meet grant conditions to avoid repayment and that if the property is not sold or used for business within the program’s timeframe the borough could face repayment obligations.

Council voted to send the proposed ordinance to municipal and county planning commissions for review. The referral does not enact the change; it begins the normal review process at planning staff and commissions.

Staff said they are seeking outside expertise: Chester Gable reported he plans to contact a Penn State Extension team member who has worked with municipalities on data-center impacts and management. Council members said they will review model ordinances from nearby jurisdictions and consider revisions once the planning review provides feedback.

The council is expected to receive planning-commission comments before returning the measure for further discussion and any formal readings or votes.