Montour County commissioners deny rezoning request

"This was not a decision I reached lightly and denying this does not mean I am against economic development," said Chairman Dressler.

Talen did not make clear how the data center would benefit the county and was sparse on details concerning water usage, noise pollution, and land impact, she added. The company touted the benefits of rezoning the area for industrial use, but didn't have much to back that assertion up, Dressler said.

"In this case, the asserted benefits — jobs, tax revenues, and economic development — were presented in general terms, without binding commitments, guarantees, or quantified physical analysis," Dressler told the gathered crowd. "After careful review of the record, public testimony, written submission, expert correspondence, and applicable law, I find that the applicant has not met its burden to demonstrate that the requested zoning map amendment serves the public health, safety, or general welfare, as required under the Pennsylvania’s municipal planning code."

In addition, changing the land use for a single business now locks that zoning in permanently, which could have had "irreversible" consequences later, she pointed out.

Finn agreed, saying the burden of proof for why Talen needed the rezoning was on the company, and they didn't meet that burden. 

The company didn't explain to commissioners or to the public why it couldn't use current industrial zones already established elsewhere in the county, Lynn said. He also didn't see any concrete evidence supporting that the proposed use would benefit the public.

The decision comes after public input, postponements, and changes to Talen Energy's proposal, including the move to no longer include 25 acres in Derry Township as part its proposal to rezone their property from agricultural to industrial.

At a well-attended November meeting, the Montour County Planning Commission voted against the recommending approval of the change to Montour County commissioners.

More recently, residents were given an opportunity to voice their opinions on the matter directly to commissioners on Jan. 23. At every stage, public opinion has been overwhelmingly against rezoning, which Dressler noted on Tuesday. The commissioners had gotten a petition against rezoning with 3,000 signatures, along with letters from two local school boards, and  several municipalities, all asking commissioners to deny Talen's request.

“Public opposition alone is not a determinant, but it is relevant when evaluating community impact, compatibility, and public welfare,” Dressler said after the vote.

"Amen!" answered a man in the crowd. 

Dressler acknowledged all those who had been involved in the lengthy and complex process, including "extraordinary public engagement."

"Most importantly, I want to thank the residents of Montour County, who took the time to attend the meetings, submit comments, ask questions, and engage respectfully in the entire process," she said. "Public participation matters and it has mattered here."

Talen responds

Following the meeting, Talen issued a statement, saying the company looks forward to continued conversations with the commissioners and residents of Montour County.

 “This allows us to take the time to listen, incorporate feedback from the commissioners, engage with the community, and refine our plans so they reflect local priorities,” the statement said.

The company is “committed to pursuing a path forward,” it continued.

“As we do, we will provide additional detail on how this project can create quality jobs and generate long-term tax revenue to support local schools, public safety, infrastructure, and other essential services, while also protecting agricultural land and preserving the character of the Preserve and surrounding areas. We look forward to collaborative dialogue with the community as we explore how this project can deliver meaningful, lasting economic benefits for Montour County.”