Berlin passes data center ordinance
The Berlin Township Board of Supervisors in Pennsylvania unanimously passed an ordinance regulating data center construction and operation. This new measure requires various impact analyses and sets noise limits, despite public concerns about its sufficiency and the township's lack of a comprehensive zoning plan. A proposed data center moratorium was deemed unfeasible due to the absence of zoning.
On June 16, the Berlin Township Board of Supervisors in Pennsylvania unanimously approved an ordinance to regulate data center construction and operation. The new measure, aimed at protecting public health and welfare, mandates specific requirements for applicants, including traffic patterns, economic and environmental impact analyses, and water, electric, and nuclear energy studies. It also sets noise limits at 65 dB during weekdays and 55 dB on weekends and evenings, and includes provisions against the creation and distribution of illegal content.
During a public hearing, residents largely commended the township's preemptive action but voiced concerns regarding the ordinance's limitations, such as the absence of plot size restrictions or requirements for EMS training for nuclear issues and data center decommissioning. Supervisor Tony Franklin stated that amendments could be added later, explaining the urgency to establish some regulation given the township's lack of zoning. He also revealed that a proposed six-month moratorium on data center applications was rejected due to this absence of a zoning framework.
Experts in municipal law, including John Klemeyer and Michael Helbing, emphasized the critical role of comprehensive zoning ordinances, which are currently lacking in many Wayne County municipalities, including Berlin Township, for effectively regulating land uses like data centers. While a Subdivision and Land Development Ordinance (SALDO) provides some control, they noted it is insufficient for detailed regulation of aspects such as electricity, water, and noise. Berlin Township Supervisor Cathy Hunt confirmed the township has neither a zoning ordinance nor a municipal comprehensive plan and has no current plans to institute them.