The Falls Township Board of Supervisors on Monday approved a resolution declaring a portion of the zoning ordinance dealing with data centers “substantively invalid,” and put a curative resolution into place.
The impetus for the resolution, it appears, is due in large part to the resistance of the Falls Township Data Center resistance group led by resident Amanda Westerman.
The “curative amendment” appears to be similar to if not exact to what Bensalem Township put in place at a June Council meeting.
Township solicitor Lauren Gallagher called it a “protective measure for any substantive validity challenge” that would potentially be filed within the 180-day period that the BOS has designated for review and possible changes to its zoning ordinance, the release from a township spokesperson said.
It was just two weeks ago, a “town hall” type of meeting was held at Pennsbury High School East that included officials from Amazon, the Department of Environmental Protection, Morrisville Municipal Authority, and North Point.
Many left that meeting, which had a time constraint placed on it, unheard, and left with more questions than they arrived with.
Before the June 25 BOS meeting the Falls Twp Data Center Resistance held a peaceful protest in front of the Falls Twp Municipal Complex before attending the board meeting to address their grievances.
Gallagher said officials will review sections of the existing zoning ordinance and determine if an amendment is needed. Any changes would be brought back to the board within 180 days, she said.
“We heard the people,” Falls Supervisor John Palmer said, referring to the outcry from data center opponents who have called for an evaluation of township zoning as it relates to data centers, a clear definition of what a data center is, as well as infrastructure and utility requirements for constructing a data center in the township.
The curative amendment has no impact on Amazon’s data center, which has been under construction for some time, officials said.
Several community members asked for copies of the resolution and any forthcoming ordinance changes. Township Manager John Shepherd said that once a draft ordinance is provided to the Supervisors, Falls Township Planning Commission and Bucks County Planning Commission, it would also be posted on Falls Township’s website. Changes to the zoning ordinance would also be advertised, Gallagher said.
Resident Toni Battiste suggested including limits on water and energy use, as well as the possibility of expansions for data centers.
“If you need people to come in, I’m sure we can find volunteers,” Battiste said, noting that residents want to provide input.
Supervisor Vice Chair Erin Mullen, who ran Monday’s meeting, said the board is “taking this seriously,” is open-minded, intends to get the public’s feedback and will share progress along the way.
“We don’t have a magic wand to just say ‘you have to do these 100 things in order to come to our township,’” Mullen said. “There are legal things involved. You can’t be so restrictive that it’s impossible for a business to come here.”
Mullen and the rest of the board, along with residents, will strive to find solutions that are “grounded in facts and professional guidance and what’s ultimately in the long-term interest of the township.”
Before Monday night’s meeting, Westerman said she was pleased the curative amendment was on the agenda.
“That was my top priority since I knew that meeting was right around the corner” she said. ‘
As to what’s next for the group, she said, we are more frustrated and more concerned. We continue to push forward. We’re collaborating with some new groups (that we met and networked with at the Townhall) and we’ve formed a second (separate) and bigger group. So we’re still moving forward, trying to *halt this project, whether it be permanently or just long enough to ensure that it’s “as safe as it can be” before becoming fully operational. I can promise you, no stone will be left unturned.