Taylor Township supervisors report pushes back on perceived threats over proposed data center

Data center plan stirs tensions

The Taylor Township supervisors Monday published a status report on a developer's plan to build a data center at the site of the former Appvion Paper Mill -- pushing back on one resident's perceived threatening behavior; urging residents to stop going after anyone who hints at favoring the plan; and explaining how the township will hold the developer accountable -- although its power doesn't extend to halting the project if the developer complies with requirements.

"Open, constructive public discourse is a vital component of local governance," the report states. "However, the escalation of personal attacks, unverified accusations of corruption or non-disclosure agreements (NDAs), and overt threats directed at township officials cannot be tolerated."

The alleged threatening behavior involved a resident telling the supervisors at a special meeting on Oct. 22 that "you all have names and addresses," then repeating that sentiment upon leaving the meeting in anger, according to a viewing of the video and Supervisors Chairman Jerome Dodson.

There have also been accusations that the supervisors have taken bribes from the developer and that they've signed NDAs.

"We have repeatedly invited anyone with evidence of unethical behavior to present it through proper channels, and that invitation remains open," the report states.

In addition, some "positive feedback" from residents about the proposal has been given mostly in private, "due to the hostility and online ridicule faced by supporters," the report states.

"We owe it to our community to maintain a safe, respectful environment where all sides can be heard without fear of retaliation," the report states.

The township plans to require the developer to "provide comprehensive sound mitigation to eliminate negative community impacts; to demonstrate responsible water usage that protects ... local resources; (to) ensure full environmental safety compliance; (and to) absorb all infrastructure and grid-related costs," the supervisors stated.

The township plans to ensure that the developer meets all state requirements, which involve matters that the township has no authority over, according to the update.

The township does have authority over the project via its subdivision and land development ordinance (SALDO), which requires that developer TerraWatt pay a consultant to conduct a comprehensive impact study, according to the report.

That study must "strictly adhere to the guidelines and mathematical models established by state and local laws," the report states.

While the developer chooses its consultant, the township will hire its own consultant to review the developer's study to ensure its compliance with the rules, according to Dodson.

The developer pays the cost of that, too, Dodson said.

During construction, the township can issue daily fines for non-compliance, and it can also file lawsuits or take other legal action "to instantly halt illegal construction, correct violations, stop unauthorized property use and recover financial damage caused by the builder," the report states.

The township can also "completely freeze the project" by withholding building permits or blocking approvals, if the developer violates township rules, according to the report.

The township will conduct on-site inspections to ensure construction follows approved plans, the report states.

However, based on state court precedent, the township does not have the legal authority to enforce a "time out" or a "freestanding moratorium on development," according to the report.

"Under the MPC, if a developer submits an administratively complete land development plan application, the township has a mandatory legal duty to accept and review it," the report states. "Attempting to unlawfully reject or stall a submission risks a 'deemed approval,' which would legally strip the township of its oversight and automatically approve the project."

While recognizing resident concerns about the data center, the supervisors nevertheless pointed out that it promises to be far less disruptive to the community than its predecessor on the site.

"For decades, the community accepted the severe environmental and physical realities of the local paper mill," the report states. "This history included chronic noise, pervasive odors, toxins, and widespread health issues -- such as hearing loss, long-term respiratory ailments, permanent workplace disabilities, and several tragic employee fatalities over the years.

"Properly managed, a modern technology infrastructure facility represents a significantly safer, cleaner, and lower-impact alternative for our economic future," it states.

Mirror Staff Writer William Kibler is at 814-949-7038.