Plymouth Township did not post the agenda for the zoning hearing scheduled for September 17th at 7:00 p.m. to its website 24 hours prior to the meeting as required by the Pennsylvania Sunshine Act. The hearing involves the ongoing hearings for the proposed data center at 900 Conshohocken Road in Conshohocken (Plymouth Township).

The township’s website normally posts agendas in two places: Within the calendar and in a folder under the documents tab. Neither included an agenda for the September 17th meeting as of 7:48 p.m. on September 16th.

In 2021, the Sunshine Act was amended with this 24-hour requirement. From the Pennsylvania Association of Townships’ website, under the heading “of “PSATS Fact Sheet Details”PSATS Fact Sheet Details: New 24-Hour Agenda Posting Requirement.” It reads:

Beginning August 29, Act 65 of 2021 will require all township boards and commissions to post agendas on a website, if they have one, and at the township building and meeting place at least 24 hours before the meeting.

As you can see, the law doesn’t differentiate between zoning and other municipal boards and commissions.

The Sunshine Act notice requirements differ from the public notice and advertisement requirements for zoning hearings under the Municipalities Planning Code, which require notice and advertisement only before the first hearing date. The Sunshine Act is broader and is focused on ensuring all public meetings receive proper public notice.

The township has posted agendas for previous hearings (including continued hearing dates) involving the data center. Below are four examples; however, as we have shown, it did not for September 17th.

In a 2024 Legal Intelligencer article on Pennsylvania notice requirements by attorneys Stephen L. Korbel and Anna S. Jewart of Babst Calland Clements & Zomnir, it is stated that “Members of an agency who participate in a meeting with the intent of violating the Sunshine Act may be found guilty of a summary offense and sentenced to fines up to $1,000 for a first offense and $2,000 for a second or subsequent offense.”

If you believe the township violated the Sunshine Act, you can object during the meeting in question. For municipal-level agencies such as a zoning board, you can submit a complaint to the Court of Common Pleas within 30 days.

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