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Penn Forest Township Data Center

Penn Forest Township, Carbon County

A multi-building data center campus has been proposed for wooded land at Route 903 and Maury Road in Penn Forest Township, Carbon County; no end user has been named and no land development plan has been filed.

ContestedTBD/UndisclosedGreenfieldNEPA
At a glance

The project by the numbers

StatusProposed
Site750 acres
First announced2025-09
Target onlineTBD

Mele Brothers' challenge to Penn Forest zoning returns to the Zoning Hearing Board November 9

The number that mattersUnder the ordinance, cooling that keeps water use under 10,000 gallons a day exempts an applicant from a full water feasibility study; otherwise owners of wells within 3,000 feet, or a larger area of influence, must be notified and can have their wells tested.
Developer
Mele Brothers Realty of Glenside, Montgomery County, owns land in the area and filed a substantive validity challenge through attorney Matthew McHugh, who said the company will pursue a data center there either under the new ordinance or through the challenge. Tim Hendricks first came to the township in September 2025 and said he was under agreement to buy 750 acres at Route 903 and Maury Road for a data center.
Tenant
No end user has been named. Mele Brothers' attorney said in January 2026 the project was at the feasibility stage.
Current stage
Supervisors adopted a data center overlay ordinance (Ordinance 1 of 2026) on March 2, 2026, allowing data centers only by conditional use along Route 903 and Maury Road. On September 1, 2026 the Zoning Hearing Board dismissed a resident's separate challenge to that ordinance for lack of jurisdiction, saying no data center plan has been submitted. Mele Brothers' substantive validity challenge, filed before the ordinance, hasn't been withdrawn and is still before the Zoning Hearing Board, with the next hearing on November 9, 2026. No conditional use or land development application has been reported, and DEP's permit tracker lists the project as proposed with no applications received.
Decision body
Penn Forest Township Zoning Hearing Board (Chairman Audrey Wargo) hears the validity challenge. The Board of Supervisors (Chairman Roger Meckes, Vice Chairman Christian Bartulovich) would decide any conditional use application under the overlay ordinance. State permits would come from DEP.
Top issues
Groundwater and neighbors' wells; clearing forest on the Pocono Plateau; stormwater; wildlife, including endangered species being verified on the site and freshwater mussels in Bear Creek Lake; noise from cooling equipment and generators; and the risk that a successful validity challenge could let a data center be built with fewer protections. Save Carbon County also says PPL projects in Carbon County are tied to proposed data centers in Penn Forest and Nesquehoning.
Key opponents
Save Carbon County, a nonprofit led by president Linda Christman, says it is 'adamantly opposed to any data center in Penn Forest.' Residents have packed hearings at Penn's Peak and sent supervisors a petition against the data center, and a local well driller testified that the aquifer can't support one. State Rep. Doyle Heffley has said he shares residents' concerns, opposes clear-cutting mountainsides for data centers and favors brownfield sites.
Key supporters
No public supporters of a data center at this site have been reported apart from the landowner. Supervisors adopted the overlay as what Vice Chairman Christian Bartulovich called 'the least worst option,' saying the ordinance permits a lawful use and doesn't approve any particular data center.

How we got here

Tim Hendricks first came to Penn Forest supervisors in September 2025, saying he was under agreement to buy 750 acres at Route 903 and Maury Road, about four miles from the Lehigh Gorge Scenic Railway, for a data center. Mele Brothers Realty of Glenside, which owns land there, filed a substantive validity challenge arguing the township's zoning excluded data centers before it had defined them, and the Zoning Hearing Board reserved Penn's Peak for hearings. Township officials said the industrial area of about 50 acres, bordered by state game lands and Penn Forest Streams, wasn't enough to satisfy the law, so supervisors and solicitor Tom Nanovic drafted a curative overlay with planner Nanci Sarcinello. They held packed meetings at Penn's Peak on December 29, 2025 and January 12, 2026, hired Thornton Acoustics and Vibrations and BCD H2O Solutions, and held a public hearing on February 24, 2026. On March 2, before a full house at Penn's Peak where a local well driller testified the aquifer can't support a data center, supervisors voted 5-0 to adopt Ordinance 1 of 2026, a 45-page overlay with a 30-acre minimum lot, 1,000-foot setbacks, a 60-foot height limit plus 15 feet for rooftop equipment, a 50 percent cap on woodland disturbance, sound and vibration studies, lighting and visual impact plans, well protections, and the 10,000-gallon-a-day water threshold. News reports put the overlay at roughly 500 to 750 acres. A Zoning Hearing Board session on the challenge was set for March 23, residents sent supervisors a petition against the data center in April, Rep. Doyle Heffley urged siting on brownfields in June, and Save Carbon County said in September that the challenge had not been withdrawn. The next hearing is November 9, 2026.

Update, October 26, 2026. On September 1, 2026 the Penn Forest Township Zoning Hearing Board dismissed a resident's substantive validity challenge to the township's data center ordinance for lack of jurisdiction, finding that no data center plan had been submitted. The separate Mele Brothers challenge stayed pending.

What is at stake

Impacts raised and open questions

Water

High

A local well driller testified there isn't enough groundwater in the area for a data center. The ordinance requires a water feasibility study, well withdrawal information and an assessment of effects on the aquifer within an 'area of influence,' and wells within 3,000 feet can be tested if a claim is later made.

Times News Online

Visual and light

Medium

The overlay allows buildings up to 60 feet plus 15 feet of rooftop equipment and lets up to half of a site's woodlands be disturbed for non-residential uses, on wooded land zoned residential along Route 903 and Maury Road.

WVIA

Noise and vibration

Medium

The ordinance requires sound and vibration studies, and operators must post generator run times on a public website and announce routine tests at least 24 hours ahead.

WVIA
Community response

Who is organizing against it

Save Carbon County

Carbon County

Leaders: Linda Christman (president)

Tactics: Testimony at township and Zoning Hearing Board meetings, weekly posts, guidance for residents on giving testimony

Says it is 'adamantly opposed to any data center in Penn Forest.' Mailing address PO Box 176, Kresgeville.

Website · Facebook

Penn Forest Township residents' petition against the data center

Penn Forest Township

Tactics: Petition delivered to the Board of Supervisors

Acknowledged as correspondence at the April 6, 2026 supervisors meeting.

Timeline

How it has unfolded

  • 2025-11-03Residents ask supervisors about a petition against the data center and a Zoning Hearing Board hearing set for November 6. Penn Forest Township
  • 2025-12-01Supervisors approve renting Penn's Peak, up to $2,500, for Zoning Hearing Board meetings on the data center matter. Penn Forest Township
  • 2025-12-29At a packed special meeting at Penn's Peak, supervisors take comment on draft data center rules and hire noise and water consultants. Penn Forest Township
  • 2026-01-12Supervisors send the draft amendments to the township and county planning commissions and set a February 24 public hearing. Penn Forest Township
  • 2026-02-02Petitions to intervene in the substantive validity challenge come before supervisors. Penn Forest Township
  • 2026-02-24Public hearing on the data center amendments; supervisors place them on the March 2 agenda for adoption. Penn Forest Township
  • 2026-03-02Supervisors adopt Ordinance 1 of 2026, the data center overlay, by a 5-0 roll call. Penn Forest Township
  • 2026-03-23Zoning Hearing Board session on the Mele Brothers challenge scheduled at Penn's Peak. Times News Online
  • 2026-04-06Supervisors acknowledge a residents' petition against the data center. Penn Forest Township
  • 2026-06-17Heffley says he shares residents' concerns, backs local control and opposes clear-cutting mountainsides for data centers. PA State Rep. Doyle Heffley
  • 2026-09-01At a meeting at Penn's Peak, the Zoning Hearing Board dismisses a resident's substantive validity challenge to the data center ordinance for lack of jurisdiction, saying no data center plan has been submitted, and denies a request to stay all proceedings. Times News
  • 2026-09-06Save Carbon County publishes its president's Zoning Hearing Board remarks and says the Mele Brothers challenge hasn't been withdrawn. Save Carbon County
Legal record

Filings and legal actions

  • 2025 (exact filing date not published)
    Substantive validity challenge (zoning) Penn Forest Township Zoning Hearing Board · n/a

    Argues the township's zoning excluded data centers before the township had defined or regulated them.

    Mele Brothers Realty (challenger, attorney Matthew McHugh); Penn Forest Township (solicitor Thomas Nanovic); intervenors · Pending; hearing continues November 9, 2026
News

Coverage of this project

Sources

Know your rights

In Pennsylvania, the local zoning ordinance sets the route. A conditional use is decided by the elected governing body (supervisors, commissioners or council). A special exception or variance, and an appeal of a zoning officer’s decision, go to the Zoning Hearing Board. Each is a public hearing on a record: affected neighbors can ask for party status, cross-examine witnesses, and appeal. Municipalities can also adopt data center ordinances with enforceable standards.

Know your rights →

Take action

Organized community opposition is the single most effective check on these projects in Pennsylvania. Show up to hearings, submit comment when it is taken, support legal and expert-witness costs, and press your municipality for a real ordinance. Pennsylvania municipalities cannot simply freeze applications, but a curative amendment under the Planning Code gives them a defined window to fix a defective ordinance.

How communities push back →