Clifton Twp. Supervisors have not reached an agreement with the developer hoping to build a large-scale data center in the township and neighboring Covington Twp.
“The board of supervisors has so far made their best efforts to reach some sort of resolution with the applicant, but they just aren't there yet,” Solicitor Jeff Worthington said at a meeting Thursday.
In April, 1778 Rich Pike LLC, a Doylestown-based developer, brought forth a substantive validity challenge to the township's zoning ordinance. The zoning hearing board met on July 29 to hear the developer's challenge to its zoning ordinance.
Then, lawyers for the developer were not prepared to answer questions and asked for a continuance. The lawyers and Worthington felt the issue could be settled before the next supervisors meeting.
It was not.
"The reason that the applicant was asking for a continuance is that they believed that there was the potential that the applicant and the board of supervisors would reach an agreement on what is called site-specific relief, effectively a settlement.”
Clifton's challenge
The Doylestown developer wants three properties along Route 380 rezoned from its current residential zoning to build the center, which could include up to 30 buildings between the two townships in Lackawanna County.
The developer filed a substantive validity challenge in April. A month later, Clifton supervisors added a zoning amendment to govern data centers. Then, 1778 Rich Pike LLC and one of the property owners, JCO, filed a procedural validity challenge against Clifton Twp. in the Lackawanna County Court of Common Pleas on June 20.
They are seeking site-specific relief, which is unique to zoning validity challenges, Worthington said while answering a question during public comment.
Site-specific relief is when a court orders a specific action or plan to resolve a zoning or land use dispute when a landowner challenges a local ordinance.
“A site-specific relief is something that either the zoning hearing board or the Court of Common Pleas of Lackawanna County could structure and impose upon the township … it's something that could come down the pike in the future and beyond our control,” he said.
Clifton is hoping to avoid that, he added.
The developer was not at the meeting. But many residents opposed to the data center were, despite the data center not being on the supervisors’ agenda.
“I believe that this proposed development would be wholly unsuited to a community of Clifton's size and makeup and would have devastating effects on our environment. Clifton and this data center do not belong together,” said Philip Mosley, a township resident.
Clifton resident Roger Slocum urged supervisors to take the developer to court.
"I urge you to reject any of their proposals," he said. "You have the backing of the community if you do so,” he said.
'What residents want'
On the agenda, supervisors approved an agreement for a consultant review of Clifton’s Subdivision and Land Development Ordinance, which governs how land is divided and improved for development.
“I think the township has been behind the eight ball on a lot of projects where developers come in and use loopholes or non-existent stuff to get their way, I think the review process, though, has to take into consideration what the residents want,” said Matt Gruenloh, a member of the planning commission.
Township Chair Jill Zindle suggested that if any residents find something in their ordinances that could be updated to please contact them.
“Or you hear of something coming down the pike … we could have been ahead of data centers, right?” she said. “It's not just us, it's Blakely, Archbald, everybody, everybody got caught behind this.”
The zoning hearing board set Sept. 9 and Sept. 30 as dates for the continuance.
