Model data center zoning ordinances coming to the fore

Pennsylvania municipalities are increasingly overwhelmed by the rapid influx of data center proposals, which bring significant concerns regarding immense water and electricity demands, noise pollution, and infrastructure strain. This issue was a key focus of a March 10 forum titled "Understanding Data Centers in Southeast PA," held near Phoenixville and sponsored by the planning commissions of Chester and Montgomery counties, among other organizations. Speakers highlighted that while municipalities cannot outright ban data centers or impose moratoriums under Pennsylvania law, they must proactively establish strong zoning regulations to manage their impacts or risk being sued. Specific townships like Limerick and East Vincent have attempted to create or amend data center-specific zoning ordinances. Limerick developed an overlay district ordinance in 2024, under which a 1.4-million-square-foot data center proposal has already been submitted, sparking public outcry and leading the new board of supervisors to begin amending the ordinance to include stricter height and setback requirements. East Vincent supervisors similarly raced to implement zoning for a 1.3-million-square-foot data center but halted their efforts after public opponents deemed the proposed protections insufficient. To aid local governments, advocacy groups like PennFuture have created detailed model zoning ordinances, which include provisions for minimum lot size, height limits, buffer zones, specific sound limits for low-frequency hum, water feasibility studies, and emergency response plans. The planning commissions of Chester and Montgomery counties are also set to release their own collaborative model ordinance. These initiatives aim to provide tools for municipalities to effectively regulate data center development before applications are officially submitted. At the state level, 16 pieces of legislation concerning data centers have been introduced in the Pennsylvania House and Senate. House Bill 2151, which passed the Energy Committee, proposes an optional statewide model ordinance to be developed by the Department of Community and Economic Development, though activists worry it could undermine local control. Additionally, State Senator Katie Muth announced her intention to introduce legislation for a three-year moratorium on data center construction and related infrastructure, arguing it would give state and local officials time to conduct impact studies and establish protective ordinances based on health and safety standards, not just industry norms.