Supervisors declare ordinance partially invalid to begin process of adding regulations for emerging use
Montgomery Township officials took a proactive step Monday night to address a gap in its zoning code, voting to declare a portion of the ordinance invalid due to the absence of provisions governing data centers.
Township Manager Carolyn McCreary said the move comes as municipalities across the region begin adopting regulations for data centers, a growing land use tied to digital infrastructure. She noted the township’s current zoning ordinance does not define or permit data center uses, prompting legal concerns raised by the township solicitor.
Under the resolution, the board formally determined the ordinance could be considered exclusionary under Pennsylvania law for failing to account for a legitimate land use.
The resolution cites longstanding court rulings requiring municipalities to provide for all reasonable uses within their borders, warning that without such provisions, developers could seek court-ordered approval for data center projects without local standards in place.
By declaring the ordinance “substantively invalid,” supervisors triggered the curative amendment process under the Pennsylvania Municipalities Planning Code. That process gives the township up to 180 days to adopt new zoning language that defines where data centers can be located and establishes regulations such as setbacks, building size, noise, and infrastructure requirements.
Officials said the goal is to regain control over how and where such facilities could be developed locally, rather than leaving decisions to the courts. During the amendment process, the township is also shielded from developer challenges seeking to exploit the current gap in the ordinance.
The resolution took effect immediately, with township staff and the solicitor now tasked with drafting the updated zoning provisions.
