Upper Mount Bethel OKs Amendment to Data Center Rules
The Upper Mount Bethel Township Board of Supervisors approved an amendment to data center regulations, including new performance standards for noise, vibrations, and setbacks. This action comes amidst a legal challenge filed by Slate Belt Holdings, a partner of Talen Energy, which has requested a hearing before the zoning hearing board regarding the ordinance. Residents also voiced concerns about the transparency of discussions between supervisors and developers.
The Upper Mount Bethel Township Board of Supervisors officially approved changes to data center regulations during a special meeting on Friday night. These amendments introduce new performance standards and updates, including measures to decrease noise and vibrations, and increase setback guidelines for data center facilities.
Simultaneously, legal counsel for the township discussed a potential curative amendment process. However, this process faces complications as Slate Belt Holdings, a company in which Talen Energy is a partner, filed a validity challenge on Thursday. Talen Energy's Senior Vice President of External Affairs, Julie LaBella, confirmed the company owns industrial property adjacent to a coal site and has submitted a filing to the zoning hearing board specifically to include data centers in the ordinance. She also stated Talen is open to a community benefit agreement with the township.
Public comment during the meeting revealed residents' concerns regarding potential non-disclosure agreements between supervisors and Talen Energy representatives. Resident Ron Angle, who was eventually escorted out, argued that any curative amendment would not affect Talen Energy's proposed project. Supervisors Chairman John Bermingham denied signing current NDAs with Talen, though he admitted to past NDAs with Amazon, explaining that such agreements protect developers from competition and allow for structured information release to the public.
The Lehigh Valley Planning Commission noted that 49 out of 62 municipalities in the region are adopting or working on data center regulations, primarily through zoning and SALDO ordinances, while adhering to the Pennsylvania Municipalities Planning Code and constitutional limits.