Olyphant Borough Data Center Zoning Ordinance

Olyphant's data center rules survived a disputed vote and a lawsuit settlement

Developer

The ordinance was drafted by the borough solicitor's office with the borough engineer and zoning officer and recommended by the planning commission. No data center application is pending: a nine-building data center zoning application received in April 2026 was pulled, and the Triboro land owned by Ercor Triboro LLC, tied to St. Louis developer Sansone Group, is approved only for warehouses, according to the borough.

Tenant

There is no data center project or tenant on file in the borough as of October 2026.

Current stage

Ordinance No. 3 of 2026, dated April 14, 2026, is in effect after a June 9, 2026 settlement with the Tri-Boro Commerce Park resolved a dispute over the council vote. A separate lawsuit by Ercor is pending, and the solicitor has said the ordinance can't be changed while it is.

Decision body

Olyphant Borough Council, with recommendations from the Olyphant Borough Planning Commission; conditional use applications would go to council.

Top issues

Noise limits that residents say are too high, air quality, cancer concerns tied to the area's industrial past, water and well protection, electric capacity and who pays for new lines, building height, and whether the borough's April 2026 vote was valid.

Key opponents

Residents who packed the March 31 hearing and later meetings asking for tighter limits, Lackawanna County Commissioner Bill Gaughan, who warned council about cumulative health effects, and the Lackawanna Citizens Overwatch Project, which gave council a four-page list of recommended changes in October 2026.

Key supporters

Council members who backed the amendment said it was the safest way to put limits on data centers, citing the solicitor's advice that a borough without rules could lose in court. Council President Baldan said the borough would benefit from providing the electricity.

• 2025-12-30Planning commission recommends a zoning amendment making data centers a conditional use in the CM-2 district. Olyphant Borough
• 2026-03-31Residents pack a public hearing on the proposed data center zoning amendment. FOX56 (WOLF)
• 2026-04-14Council votes 4-3 to adopt the amendment, a re-vote fails 3-4, and a 4-3 majority declares it invalid and moves to a 180-day curative amendment. Olyphant Borough
• 2026-05-12Council approves a resolution for a curative amendment to the zoning ordinance while a lawsuit over the April vote is pending. Olyphant Borough
• 2026-05-18Borough engineer reports a nine-building data center zoning application received in April was pulled by the developer. Olyphant Borough
• 2026-06-09Council approves a settlement with the Tri-Boro Commerce Park; the solicitor says the amendment was adopted on April 14 and the curative amendment no longer applies. Olyphant Borough
• 2026-09-08Solicitor reports preliminary objections filed in a separate Ercor lawsuit and says the data center ordinance can't be amended while it is pending. Olyphant Borough
• 2026-10-13The Lackawanna Citizens Overwatch Project urges council to adopt its recommended changes; the borough says Triboro is approved only for warehouses. Olyphant Borough

• Land use litigation over adoption vote Not stated in borough records · n/a

  Dispute over whether council's April 14, 2026 vote adopted the data center zoning amendment. After the settlement, the borough treats Ordinance No. 3 of 2026 as adopted.

  Tri-Boro Commerce Park v. Olyphant Borough · Settled; council approved a stipulation of settlement June 9, 2026
• Lawsuit Not stated in borough records · n/a

  Separate suit by Ercor, the Triboro landowner. The solicitor said it does not contest the zoning amendment but that the ordinance can't be changed while it is pending.

  Ercor v. Olyphant Borough · Pending; borough filed preliminary objections (reported Sept. 8, 2026)

• 2026-04-22 WVIA NewsPPL Electric Utilities confirms data centers spurred transmission project in Lackawanna CountyPower for Triboro land
• 2026-04-14 FOX56Olyphant council rejects data center zoning plan, then opens 180-day curative amendmentDisputed vote
• 2026-03-31 FOX56Olyphant residents voice concerns at zoning hearing for future data centersPublic hearing