Montgomery Township moves to fix zoning gap on data centers

Montgomery Township officials took a significant step on Monday night to address a gap in its zoning code regarding data centers. The Township Board of Supervisors voted to declare a portion of the existing ordinance invalid because it lacks specific provisions for this emerging land use, a move driven by increasing data center developments across the region. Township Manager Carolyn McCreary highlighted legal concerns raised by the township solicitor, noting that without specific regulations, the ordinance could be deemed exclusionary under Pennsylvania law. This could potentially allow developers to pursue court-ordered approvals for data center projects without adherence to local standards. By declaring the ordinance "substantively invalid," the supervisors initiated a 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 updated provisions will define where data centers can be located and establish specific requirements such as setbacks, building size, noise levels, and infrastructure. The immediate effect of this resolution shields the township from potential developer challenges that could exploit the current regulatory void, allowing officials to proactively control local data center development.