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HomeMy WebLinkAbout2026-04-28 Commissioner Minutes Tuesday, April 28, 2026 The Franklin County Commissioners met on Tuesday, April 28, 2026, with the following members present: Dean A. Horst, John T. Flannery, and Robert G. Ziobrowski. Commissioner Horst presided and after calling the meeting to order, a Moment of Silence, and the Pledge of Allegiance, proceeded with the business of the evening. On a motion by John T. Flannery; Seconded by Robert G. Ziobrowski; the Board unanimously approved to adopt the agenda. County Administrator Carrie Gray introduced Dr. George Pomeroy, Professor of Geography & Earth Science, Shippensburg University, and the Chair of the Franklin County Planning Commission to present Land use in PA, zoning/SALDO and role of municipalities and the County. Dr. Pomeroy provided comments regarding the proposed data Centers ordinance. He noted that he was encouraged by the high level of public engagement on the issue and emphasized that such participation was essential to a healthy democratic process. He expressedhope that this level of involvement would continue in future planning matters. He also stated that concerns about the potential impacts of data centers were valid and required attention. Dr. Pomeroy then outlined six legal points relevant to the ordinance: Land-use regulations were enacted to protect public health, safety, and welfare, but must be balanced with constitutional property and due process rights. Secondly, under Pennsylvania law, municipalities, not counties, held primary authority for land use regulation, though municipalities ordinance and delegate review authority to the county. Third, two types of land use ordinances existed; subdivision regulations and zoning. The ordinance under consideration was a subdivision ordinance. Fourth, municipalities were legally required to allow every land use somewhere within their borders and could not ban a use entirely. Fifth, if a water authority issued a will serve letter, the county could not override it. Sixth, electrical power infrastructure and cost sharing were regulated by the state Public Utilities Commission. Dr. Pomeroy stated that he and the Planning Commission believed the proposed ordinance was sound. He explained that it was intended for municipalities without zoning, as zoned municipalities already had mechanisms to regulate data centers. Unzoned municipalities could adopt the ordinance by reference. He noted that the ordinance cited proper legal authority, included clear definitions, and established strict standards for building placement, height, setbacks, noise, lighting, safety, infrastructure connections, environmental impacts, and decommissioning. He added that these standards were consistent with legally tested regulations used in other communities and that stricter standards could risk legal challenges. Dr. Pomeroy encouraged residents to work with their local municipal officials and to contact state legislators, noting that several data center related bills were under consideration at the state level. He concluded by commending the county commissioners for their proactive approach, stating that they had reviewed national examples, particularly Loudoun County, so acknowledged the work of Director Quentin Clapper and the planning staff in developing the ordinance. During public comment Communications Coordinator Sheena Baker reported that since February 18th, the date the first draft of the ordinance was released, the county had received 107 public comments. She noted that 25 of those comments were submitted after the April 1st hearing and 20 were received following the release of the revised ordinance earlier in the month. She summarized that most comments expressed opposition to data centers. Additional concerns raised by residents included potential impacts on health, the environment, property value, water usage, electricity rates, and overall community wellbeing. Some commenters thanked the commissioners for taking proactive steps, while others suggested requirements such as onsite solar. She also noted that several comments addressed concerns aboutthe noise limits included in the ordinance. Commissioner Ziobrowski asked if any of the comments were in support of data centers which she replied no, just in favor of the commissioners being proactive. The following spoke against Data Centers and voiced widespread concerns about the potential impacts of data centers in Franklin County. Speakers raised issues related to noise, health effects, environmental impacts, water and electricity demand, property values, and overall community character. Several residents cited reports of low frequency noise causing health and behavioral problems for people and pets. Others emphasized the strain data centersF could place on emergency services, noting that firefighter and EMS personnel would require specialized training. Multiple speakers urged stronger coordination among municipalities and asked that township supervisors be more directly involved in discussions. Questions were also raised about whether the County had communicated its needs to state legislators, given that municipalities lacked authority to prohibit data centers under current law. Some residents thanked the Commissioners for addressing the issue proactively with municipalities that did not have zoning, while many encouraged continued public engagement and further regulatory action. Chris Ardinger, Montgomery Township Andrew Balderson, Guildford Township John Jordan, Guildford Township Zig Herzog, Guildford Township Jacob Reid, Greencastle Borough Tiffany Roberts on behalf of Natasha DiStasio, Guildford Township Valerie Jordan, Guilford Township Alyssa Schneider, Guildford Township Michele Jansen, Greene Township on behalf of Senator Mastriano Brian Zimmerman, Lurgan Township Nancy Carson, Guilford Township Lionel Lemry, Chambersburg Borough Pamela Bartl, Chambersburg Borough Tiffany Roberts, Chambersburg Borough Avril Williams, Greene Township Ken Shoap, Lurgan Township John Patterson, Greene Township Herb Dolaway, Chambersburg Borough Vicki Shoap, Lurgan Township Erika Rehnquist, Mont Alto Rachel Herrmann, Chambersburg Borough Don Palesky, Mercersburg Borough! Alan Piper, St Thomas Township Harry Rotz, Greene Township Dave Jones, Chambersburg Borough Ms. Gray introduced Attorney Scott Wyland of Salzman Hughes who specializes in utilities work and has extensive history working on local, county and regional planning commissions to address public concerns. Mr. Wyland stated that he appreciated the public turnout and noted that Franklin County was fortunate to have Commissioners who were acting proactively despite having limited authority over whether data centers could be built. He explained that under current law, counties could not make data centers unlawful, and most existing land development ordinances did not address data centers because the use was relatively new. He explained that without zoning or specific regulation in place, a data center developer could purchase any available land from a willing seller and construct a facility in a location that aligned with their primary needs. He stated that access to large capacity power lines was currently the most significant factor driving site selection, followed by water availability. He noted that developers could engineer their facilities to match whatever water supply existed at a chosen site as long as sufficient power was available. Mr. Wyland emphasized the importance of having clear local rules, stating that most existing land development ordinances did not address data centers because that use was relatively new. He cautioned that overly restrictive ordinances could increase that likelihood of legal challenges, as developers might argue that certain requirements, such as water reporting or power mix regulations, fell under the jurisdiction of state or federal agencies rather than municipalities. He acknowledged comments raised during the meeting regarding emergency services impacts and stated that municipalities could negotiate developer agreements during the land development process. He explained that well-funded developers could be required to contribute to improvements in water systems, wastewater systems, and emergency services equipment, similar to arrangements made when casinos were introduced in other communities. Mr. Wyland also noted that state and federal regulatory bodies, including the PUC, PJM and FERC, were actively working to ensure that the cost of supplying power to data centers would not be shifted onto ratepayers. He concluded by commending the Commissioners for taking proactive steps, stating that the county was doing more than required to provide municipalities with tools to manage data center development. Commissioner Horst thanked Attorney Wyland for attending the meeting and for providing professional insight that helped clarify complex issues related to data centers. He stated that the Commissioners and the public learned valuable information from his presentation. He also expressed appreciation to Dr. Pomeroy for offering clear explanations on matters that were often confusing and emphasized that understanding these issues was essential as the county continued working through them. Commissioner Ziobrowski stated that as discussed at the previous public hearing, the Board had held differing opinions on one issue and had reached a 2-1 vote. He noted that in policymaking, all available options were sometimes less than ideal and emphasized that the perfect should not become the enemy of the good. He concluded by stating that he would support the ordinance despite having some differences with certain details. During Press Time,HarryMurphy from ABC27stated that the consistenttheme that was heard was the ordinanceis a model ordinance. He asked for an explanation as to why it is believed to be a model ordinancefor other municipalities and townships.Commissioner Horst explained that several townships, including his own of GreeneTownship, already had zoning ordinances in place that included provisions regulating data centers and therefore the proposed county model ordinance would not apply to them. He noted that Greene Township already del ordinance was to assist western townships and boroughs that lacked zoning but had SALDOs and might not have the financial resources to develop their own regulations. He emphasized that these municipalities could choose to adopt the model ordinance, amend it, or create their own version, as each local government retained the authority to determine what best served its residents. Harry then asked whetherthe county would have the ability to revise its regulations in the future if data centers were developed and it was later determined thattheir demands on the water supply or electric grid were too great. He asked for clarification on whetheradjustments could be made to address such burdens as they emerged over time. Commissioner Horst stated that was out of the county's purview and would fall to the water supplier. Ms. SydneyNauman with Fox43 askedwhether the Commissioners intended to revise the ordinance following the public comments receivedthis evening, particularlyregarding the 25 percent renewable energy requirements. She noted that some residents supported removing the requirement while others wanted it increased. She asked whether the ordinance was still open to adjustment or if it was essentially finalized and whether it could be amended in the future. She added that the attorneys had indicatedearlier in the meeting that amendments could still be made at a later time.Commissioner Horststated that the ordinance could still be amended in the future, even if it were adopted at the anticipated date of May 20th. Hestated that the25 percent renewable energy requirementto a hyperscale data center in the western part of the countycould require 500 to 1,500 acres of productive farmland and he was not willing to see that amount of viable agricultural land convertedfor such use. The meeting was adjourned at 8:11p.m. on a motion by John T. Flannery; Seconded by Robert Ziobrowski. Carrie E. Gray County Administrator/Chief Clerk FRANKLIN COUNTY COMMISSIONERS ____________________________________ Dean A. Horst, Chairman ____________________________________ John T. Flannery ___________________________________ Robert G. Ziobrowski *May be assisted by Copilot