AVIS — In a move one of its supervisors is calling a proactive measure, Pine Creek Township officials say they are considering an amendment to their zoning ordinance to include data centers as a conditional use in its Industrial Zoning District.

The topic was brought up at the supervisors’ meeting on Wednesday night, with Supervisor Dave Winkleman, Jr. issuing a statement soon after.

Winkleman said in the statement the amendment isn’t being considered to approve a project or developer.

“It is a potential text amendment to our zoning ordinance — a routine and necessary function under the Pennsylvania Municipalities Planning Code (MPC),” he said.

He further stated the supervisors are looking to not be reactive or vague and to instead “make sure our ordinance is current, clear and legally defensible.”

The statement made by Winkleman and shared online included a breakdown answering why this would matter from a legal perspective.

The statement notes that in nearby Union County, Gregg Township is facing five potential data centers as its board of supervisors attempts to address the issue.

According to information shared in The News-Item, more than 100 people attended a May board meeting in that township to speak out against the potential developments.

The township is currently reviewing a curative amendment to a zoning ordinance submitted by PNK Group that would allow the company to open data centers in Great Stream Commons — about 500 feet from the closest residential homes, The News-Item reported.

Supervisors in Gregg Township approved hiring an attorney to assist with the ordinance as it navigates this new territory, which has become a common occurrence throughout Pennsylvania in recent years.

Winkleman’s statement noted the Pine Creek Township supervisors were looking to respond proactively instead of reactively like in Gregg Township.

“One of the most important aspects of this discussion is the risk of doing nothing,” he said.

With the Exclusionary Zoning Risk already in place in Pennsylvania, Winkleman’s statement noted if data centers were not addressed in the ordinance, “a landowner or developer can argue the township is unlawfully excluding that use, which can result in a curative amendment challenge or litigation.”

Updating ordinances to avoid exclusionary zoning challenges is commonplace in Pennsylvania.

In nearby Marion Township in Centre County, supervisors recently amended the township’s zoning ordinance to structure potential highway commercial development along the Jacksonville exit of Interstate 80. In September, after identifying deficiencies in its ordinance, township supervisors enacted a 180-day development moratorium to address issues stemming from a new high-speed interchange that rendered the township’s highway commercial zone undevelopable.

Without an established highway commercial district, the township’s solicitor likewise warned officials could face exclusionary zoning challenges from prospective developers. To address residents’ concerns about potential impacts on quality of life, supervisors proposed stipulations to ensure certain safety and environmental standards are met.

Winkleman’s statement contends that without defined standards, someone requesting a zoning change could challenge the ordinance and “potentially gain approval with fewer local conditions than the township would otherwise be able to impose.”

He further stated there is a risk of losing negotiation opportunities with potential developers.

“A clearly written conditional use section allows the township to require setbacks, buffering, infrastructure coordination and operational limitations,” he said.

He said a conditional use would create guide rails for potential projects and developments and include: a public hearing, proof of compliance with objective ordinance criteria, review of infrastructure, environmental and operational impacts and the ability of the township to impose site-specific conditions.

“Concerns such as water usage, power demand, noise and land impact are valid and important. These issues are best addressed through defined standards and a formal review process — not by leaving gaps in the ordinance,” he said.

Some township residents have questioned whether or not current sections of the zoning ordinance already cover unspecified uses, and ultimately protect the township from potential litigation from developers.

According to township Solicitor Thom Rosamilia, the process laid out takes away the municipality’s control. Rosamilia specifically referenced Section 27-16(B) in his comments to The Express.

“Using such a process takes a lot of the control over such uses away from the township government. If the Zoning Ordinance is amended to add regulations concerning an emerging use, such as data centers, the township can control which zones are appropriated for such uses. In this case, the industrial zone,” he said.

Rosamilia said if the township doesn’t make an amendment, an applicant could apply under this particular section to build a data center in a residential zone, right next to a housing development.

“They would then be entitled to a conditional use hearing, which could then subject the neighboring homeowners to the burden of attending that hearing to address their concerns with the use and potentially incur expenses for experts and attorneys to oppose such use,” Rosamilia told The Express.

He said that, instead, directing the potential use to only be allowed in the appropriate zone, industrial, the township is able to control the areas that are most appropriate and minimize any potential negative impacts on its residents.

“This is the case of the township being proactive to stem the issues that are being faced in multiple municipalities across the Commonwealth,” he said. “As they say, ‘an ounce of prevention is worth a pound of cure.'”

He noted a number of municipalities statewide are in similar processes for enacting zoning amendments for data centers.

“This amendment would be used to protect the citizens of Pine Creek Township by closely regulating any proposed data center,” he said.

In his statement, Winkleman said the process of amending its current ordinance isn’t to benefit a specific or predetermined developer.

“There is no project being approved, and any amendment would apply broadly,” he said. “Our responsibility is to plan responsibly, not avoid difficult topics. Ignoring emerging land use increases the likelihood of reduced control and increased legal exposure in the future.”

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Express Reporter Hunter Smith contributed to this article.