TOWNSHIP STATEMENT
February 12, 2026
Since Upper Bern Township learned about the purchase by the federal government of the warehouse at 3501 Mountain Road, the Township’s Supervisors have focused solely on the health, safety and welfare impact of the facility on the residents of the Township and the Township Supervisors’ ability to address those concerns.
The Township understands that it cannot regulate under the Township’s Zoning Ordinance or Subdivision and Land Development Ordinance any use proposed by the federal government. Likewise, the State’s Building Code may not regulate the facility. Sovereign immunity and preemption apply where the federal government is involved.
Yet the federal government may more than double the Township’s population of 1,600 with those brought to that facility. The Township, therefore, is exploring the extent to which Township, County, State and Federal officials can address with the government the impacts on essential services to the Township’s residents.
Among the concerns of the Supervisors are the adverse impact on the Township’s sanitary sewer system from such sudden and dramatic growth in its population. The additional load on the sanitary sewer system, estimated to be far above the capacity purchased by the developer of the warehouse, could overwhelm the Township’s wastewater treatment plant. The possible extraction of potable water from wells for those 1,500 or more people also deserves attention. The Township has no public water system.
The Supervisors also wonder about the load that could be placed on its excellent volunteer firefighters, and their equipment should they be called upon to protect the lives of so many in addition to their existing service to our small community. Stress would also be placed upon the EMS companies that service this area. The Supervisors appreciate all of their ongoing help and recognize their contributions to the Township.
Upper Bern Township looks forward to engaging with County, State and Federal officials to learn more about the plans of the federal government for the Mountain Road facility and the ways in which the federal government at the federal government’s expense will attend to the infrastructure and emergency services concerns and needs of the Township.