Another local township has joined the debate over whether, where and how to allow data centers within their borders.
Towamencin’s supervisors took up talks on the topic, looking at a first draft of local codes that could limit those facilities to the township’s industrial district.
“From my perspective, it’s a balancing act, of trying to get this done quickly, before someone asks to put it it in my township — but at the same time, I want to get it done well,” said supervisors Chair Joyce Snyder.
Municipalities across the region have discussed data centers and associated regulations in recent weeks, with both East and West Rockhill currently debating rules and regulations, facilities planned in Falls Township, Bucks County and Limerick Township in Montgomery County, and one in Conshohocken denied last year after resident pushback.
During the March 25 meeting, township solicitor Bob Iannozzi summarized a draft code he and township staff have developed for vetting by the board and public. That draft would allow that use only in the township’s limited industrial district with parking, traffic, noise and buffering regulations and via conditional use approval only, before asking for input ahead of a formal vote to advertise and then adopt the new rules.
“Data centers are really nothing new. They’re essentially warehouses, that store electronics, that store data. They’ve been around for as long as the internet, but demand for them has grown exponentially, because of the increased internet usage and generative AI,” Iannozzi said.
“Data centers present a host of land use concerns, including aesthetics, power consumption, water consumption, and noise,” he said.
Municipalities are currently able to regulate those centers through their land development process and zoning codes, the attorney said, with no state level input or regulations.
“This may eventually change, as data centers become more regulated. Nonetheless, timing is key, and we’re ahead for the curve, in seeking to adopt an ordinance that will provide for, yet carefully regulate, data centers,” he said.
Current township codes don’t address data center uses, and under state law those municipal codes must “provide for all legal land uses, somewhere within their municipal boundaries,” the attorney added, and applicants could challenge any code that excludes or does not allow for particular uses.
“If that challenger is successful, a court could allow the excluded use as requested by the challenger, without township input or oversight,” he said.
“To avoid this, and with the goal of ensuring the township’s exclusive control over providing for the data center use and its regulation, staff has prepared an ordinance” based on others in similar nearby towns for review, Iannozzi said.
That draft was posted on the township’s website for public review, and the attorney said the goal is to have a “specifically-tailored ordinance,” vetted by the township and public, advertised for adoption as soon as possible to prevent any court challenges.
“Notable provisions and requirements in the current nine-page draft ordinance include: providing for data centers and associated accessory uses in the township’s limited industrial district, by way of conditional use,” with a public hearing, advertisement, and vote by the supervisors needed before any final approval.
Supervisors sound off
Supervisor Kristin Warner asked if the township could include any language prohibiting generators from being used to power such a center, and the attorney said the board “can add or take anything out of the ordinance,” and he’d look into whether generators specifically could be addressed, and/or the noise they create.
Warner said she had read an article about a data center currently operating in New Jersey, with video of noise that neighbors claimed could be heard from half a mile away, before playing the video on her phone for the rest of the board.
“This is what it sounds like on their back deck, half a mile away, 24/7. To me, that is potentially destroying any property value, of anyone that is within that kind of range. That’s way above the hum of even the turnpike,” she said.
Supervisor Vanessa Gaynor asked if the board could set noise limits more strict than those already in township codes for other nuisance noises, and the solicitor said they could; Gaynor then said she’d prefer if codes that require solid or landscaped screening require a data center to use a mix of both. Warner said she had not seen numbers for specific decibel levels, but thought every industrial area in the township was within half a mile of residential homes that would hear the noise.
Supervisor Kofi Osei then said he recently read a model ordinance for such centers, and said he thought the township’s version could reduce the parking requirements and lower the sound measuring standards in the current draft. Snyder said she’d also like to hear from county officials before any final vote.
“I’m hoping that the Montgomery County Planning Commission will issue their guidance sooner rather than later. I was hoping to have some language from them,” Snyder added.
Public have questions
Several residents also questioned components of the code, starting with Rose Mary Aversa, who asked if the data center code set a specific daytime noise limit, set times for when sound testing would need to be done, and set a minimum distance from residences.
“I respectfully ask the board to table the ordinance, until issues are addressed with stronger protections for residents and the community,” Aversa said.
Barry Kenyon added that he had another concern: whether data center operators would turn to an unconventional power source, and if it should be addressed in the codes.
“One of the ideas that is not explored in that (draft), nor is it even mentioned in there, is small nuclear power plants. Now, don’t go crazy, this is not Three Mile Island,” he said. “These are small units, that would fit into a 40-foot tractor trailer, and are very safe.”
Data center operators could choose to create their own small power plants using such reactors, Kenyon said, and township codes should be prepared to regulate them if an operator includes that as their power source.
“You need to be able to put that into your regulations. If PECO can’t supply the infrastructure, then small nuclear may be a viable option for a data center to use,” he said.
Casey Hannings said he also had concerns over the environmental impact of such centers, similar to the concerns he has repeatedly voiced over redevelopment of the now-former Freddy Hill Farms site, and said he thought the code should also have controls over emissions.
“I see horror story after horror story about these data centers going up. I just saw one that leveled a forest” in a northeast Pennsylvania community, he said. “Any action to get ahead of this, and to safeguard the health of our environment and the health of residents, is good. I think strengthening it to be more restrictive is best.”
Timeline questions
After fielding the public comments, Snyder asked about next steps, and township Manager David Kraynik suggested the board vote that night to advertise an April 29 public hearing date, while also sending the draft to the township planning commission for input when that group next meets on April 13.
The supervisors voted unanimously to do so, and Snyder said any late-arriving input from the county could be discussed at the April 29 hearing.
“Better to have something on the books, than nothing on the books,” she said.
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