Cumru Township passes Berks’ first data center ordinance

Cumru Township has become the first municipality in Berks County, Pennsylvania, to officially pass a data center ordinance. The new regulations, approved by the township commissioners in a 3-1 vote, dictate how and where data centers can be built within the township. According to Cumru solicitor Kelsey Frankowski, the ordinance's purpose is not to encourage data centers but to provide the board with control and safeguards over development. Officials noted that no formal data center plans have been submitted to date. Commissioner Greg Miller highlighted that the new rules establish a data center overlay district around the former Titus Station property, restricting all future data center development to that specific area. This ordinance effectively bans data centers from a 171-acre parcel at Route 10 and Freemansville Road that was previously discussed for potential data center development. The ordinance includes comprehensive restrictions on noise, water, and energy use, along with monitoring and enforcement mechanisms. Key provisions require visual screening, berms, maximum height limits (50-80 feet), decibel limits with mandatory sound studies, and mandates for developers to cover costs for utility usage exceeding existing system capacities. Developers must also prove that their utility demands will not impact water supplies or cause power outages, and are required to conduct environmental impact studies, ensure emergency access, and provide plans for handling hazardous materials and decommissioning facilities within a year of disuse. Other Berks municipalities, including Caernarvon, South Heidelberg, and Robeson townships, are reportedly also in the process of developing similar data center ordinances.