Montgomery Township moves to fix zoning gap on data centers

Montgomery Township officials in Pennsylvania have taken a decisive step to address a critical gap in their local zoning code regarding data center development. On March 23, the township's board voted to formally declare a portion of its zoning ordinance substantively invalid. This action was prompted by legal concerns from the township solicitor, who noted that the existing ordinance failed to define or permit data center uses, potentially making it exclusionary under Pennsylvania law. According to Township Manager Carolyn McCreary, the move is a response to a regional trend where municipalities are increasingly adopting regulations for data centers, a rapidly growing land use. The resolution, which cited longstanding court rulings requiring municipalities to provide for all reasonable uses, warned that without specific provisions, developers could seek court-ordered approvals for data center projects, bypassing local standards. By declaring the ordinance invalid, the supervisors initiated the curative amendment process under the Pennsylvania Municipalities Planning Code. This process grants the township up to 180 days to draft and adopt new zoning language. The new provisions will define where data centers can be located and establish specific regulations concerning setbacks, building size, noise, and infrastructure requirements. The township's objective is to regain local control over such developments and protect itself from developer challenges that might exploit the current zoning void. The resolution took immediate effect, tasking township staff and the solicitor with developing the updated zoning provisions.