MEETING DATES
Conditional use applications go before the Planning Commission and then the Board of Supervisors. The Planning Commission meeting will occur on Thursday, August 13, 2026 at 7PM. The Board of Supervisors will meet on Wednesday, September 9, 2026 at 6PM to begin the conditional use hearing. We’re already expecting this hearing to last more than one meeting, so we’re planning to continue the hearing on Wednesday, September 23, 2026 at 6PM. All three meetings will occur at JT Lambert Intermediate School, at 2000 Milford Rd, East Stroudsburg, PA 18301.
THE CONDITIONAL USE PAGE
The webpage for the conditional use is available here: https://smithfieldtownship.com/odp/gatewaydc/ To reach this page fromwww.smithfieldtownship.com click on “Resources” at the top, and then “Open Developer Projects.” Scroll down until you see the blue box labeled “Conditional Uses”, and then click on “Smithfield Gateway Data Center.”
A NOTE ON SCHEDULING FOR THIS PARTICULAR CONDITIONAL USE
Generally, the Board of Supervisors has 60 days to start hearings for a conditional use. Because of scheduling conflicts, the Applicant granted an extension of time, so the above hearing dates are permissible.
THE GENERAL CONDITIONAL USE PROCESS – PLANNING COMMISSION
At the Planning Commission hearing (August 13th at 7PM), the Applicant and its professionals will present an overview of the project and respond to comments generated by the Township Engineer. Planning Commissioners can ask questions and discuss the proposal and will make arecommendation to the Board of Supervisors to: approve, approve with conditions, deny, or provide alternative recommendations for the Board's consideration. The Planning Commission meeting is open to the public and includes opportunities for public comment, but it is not the formal public hearing.
THE GENERAL CONDITIONAL USE PROCESS – BOARD OF SUPERVISORS HEARING
The Board of Supervisors conducts a formal quasi-judicial hearing. This hearing will have a stenographer present to transcribe the hearing. The hearing will begin with requests for party status (this is explained in greater detail below). Once party status is determined, the Applicant presents their case. An Applicant’s presentation typically includes testimony from engineers, environmental professionals, traffic consultants, acoustical consultants, and other experts as applicable.
Following each witness's testimony, parties, the Board, and the Township Engineer and Solicitor may conduct cross-examination. The Applicant may then ask follow-up questions on redirect examination. Throughout the hearing process, the Solicitor may be asked to provide guidance to the Board regarding relevance, admissibility, procedure, and other legal matters that arise throughout the proceedings. Once the Applicant has completed its presentation, objectors and other parties may present their own testimony, evidence, and expert witnesses. The Applicant then has an opportunity to rebut that evidence.
A note on the point of the hearing: the Applicant bears the initial burden of demonstrating compliance with the requirements in the Township's ordinances, including both the conditional use standards and the supplemental regulations applicable to Data Centers and related uses. If the Applicant demonstrates compliance with those requirements, the burden generally shifts to objectors to present credible evidence that the proposed use would not comply with the Township’s ordinances, or creates impacts on the public health, safety, or welfare beyond those normally associated with the use.
Once all testimony is complete, the Board will request public comment on the hearing. Individuals who are not parties to the case provide public comment at this time.
THE CONDITIONAL USE PROCESS – PUBLIC PARTICIPATION
Anyone is welcome to attend the hearing. Members of the public (ie, not parties to the case) will be able to watch and observe the hearing, but won’t be able to comment on the hearing until the end of the hearing, when testimony is complete. We aren’t expecting to reach the public comment portion of the hearing during the September 9th hearing, so we will not have a public comment signup sheet for that day. All public comments are held until the end of the hearing. If the hearing progresses faster than expected and we reach public comment on the first day, we’ll make an announcement and start a sign-up sheet.
THE CONDITIONAL USE PROCESS - DECISION
Once the hearing is over, the Board of Supervisors has three options when making a decision: they may approve the application, approve the application with conditions, or deny the application. They can approach this decision process in a few different ways; they may deliberate and issue a decision at that public meeting, request legal briefs or other submissions prior to making a decision, or direct the Township Solicitor to prepare a written decision that would be considered at a later public meeting. The decision must be based on the record established during the hearing process, the applicable provisions of the Township's ordinances, and Pennsylvania law. Once a decision is issued, parties to the proceeding may appeal the decision.
BECOMING A PARTY TO A CONDITIONAL USE HEARING
Party status provides additional procedural rights, including the ability to present sworn testimony, introduce exhibits, retain experts, and participate in cross-examination. Party status is generally granted to individuals (or organizations) who can demonstrate that they may be affected by the application in a manner different from the public at large. For example, if a proposed 24-hour grocery store was one mile from a resident's home, the Board may determine that the resident is affected in the same manner as many other members of the public. By contrast, a property owner immediately adjacent to the proposed grocery store may be able to demonstrate a more direct impact and qualify for party status.
Individuals seeking party status will state their reasoning for wanting party status, and then may be asked questions by the Board, the Applicant, and other parties regarding their interest in the proceeding. The Board will make a final determination and either grant or deny party status on a case-by-case basis.
Parties are often represented by legal counsel. Individuals may represent themselves, but they may not represent other individuals or organizations unless otherwise authorized by law. Organizations generally must be represented by an attorney.
The Party Status Request Form will be available on the Conditional use page by Friday, June 12th. Individuals seeking party status should bring a completed form with them to the hearing. We will have blank extras at the hearing. As a reminder, submission of this form does not automatically grant party status; party status will be considered at the first hearing on September 9th at 6PM.
As always, please don’t hesitate to reach out if you have questions.
Best,
Julia
Julia Heilakka
Township Manager, Smithfield Township
570.223.5082 ext. 9
julia@smithfieldtownship.com
www.smithfieldtownship.com
1155 Red Fox Rd, East Stroudsburg, PA 18301