Supervisors say update is coming soon, using county feedback
A new code regulating data centers is on the books in Towamencin, and officials and residents hope it’s just the start.
Township officials unanimously adopted a new data center ordinance last week, and said they’ll revisit it soon based on feedback they’ve heard so far.
“The latest draft has been advertised, and incorporates feedback made by the supervisors and public at the board’s March 25 meeting,” 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 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. In March Towamencin joined the discussion, hearing details of a draft code that township officials said was based on others across the region and meant to get regulations on the books before any developer applies for such a center with no regulations in place.
During the April 29 meeting, several residents sounded off on the draft code after solicitor Bob Iannozzi summarized what’s included in it so far. The code requires that any such use be in the township’s limited industrial zoning district, secure conditional use approval from the supervisors, must have provisions for parking, noise and buffering, and must include a plan for dismantling or decommissioning the facility if shut down.
“The ultimate goal is to have a comprehensive data center ordinance which complies with Pennsylvania law and protects township residents,” said Iannozzi.
“The import of the proposed ordinance, if adopted, is that it will lay the appropriate initial foundation for the data center uses, and their associate regulation, getting the data center use, and its associated regulations, on the township books,” Iannozzi said.
In the ordinance, the township requires that any such user have a public hearing, that hearing be fully advertised with public participation, and that the user comply with all current LI-district regulations plus specific data center provisions requiring that it not “directly abut or be adjacent to” residential districts or uses, inside or outside the township. Any data center must have “direct access to arterial streets,” and the applicant must provide letters confirming the data center would provide electric, water and sewer services “to the township’s satisfaction,” or make utility infrastructure improvements at their own expense.
“No conditional use approval will be granted for a data center proposing to use ground water, wells, springs, or direct withdrawal from surface water courses,” Iannozzi said.
Additionally, the code requires the data center to use a closed and not open-loop water system, and discharge any waters into public sewers subject to township approval. No data center use will be approved that proposes onsite power generation, except for backup generators, which can only be tested on weekdays between 9 a.m. and 5 p.m., the attorney said.
Parking requirements for any data center would be one space per 10,000 square feet of floor area or one space per employee, whichever is greater, and any other regulations would apply for other uses on the site. All mechanical equipment must be enclosed or screened to the township’s satisfaction, and sound studies would be required before, during and after construction to ensure compliance with township requirements, the attorney said. The applicant would also be required to hold a meeting with nearby residents before any conditional use hearing, must submit an emergency plan showing how the site would be serviced by fire and police, and a decommissioning plan must show how the center would be “discontinued,” the attorney said, before asking for public comment.
Board member Kristin Warner said her main concern had to do with generators, and said she had seen elsewhere that a data center user would test their generators “every hour — I don’t know why that would be needed. I would think once a week would be sufficient.” Her other concerns had to do with sound, and whether decibel levels would be tested at the edge of a data center property or at the nearest residential site.
Supervisor Kofi Osei said he “would like the board to pass this ordinance as-is, tonight, and then do” updates suggested by the Montgomery County Planning Commission “relatively quickly” in an update once the code is on the books. MCPC’s suggestions were only received by the township last week, township Manager David Kraynik replied, and were still being vetted by staff as of the April 29 meeting and will be discussed by the township’s planning commission at their next meeting before being included in a future update.
“It was way too late for us to incorporate any input and changes, because we had to advertise weeks in advance,” Kraynik said.
Supervisor Vanessa Gaynor said she thought the code included “good, proactive steps to protect the community,” and asked the board to adopt the first draft, then make changes.
“Without passing this ordinance, we’re leaving our community vulnerable to receiving applications in residential areas,” she said. “But I do think we need to circle back,” and look at MCPC feedback for a future update.
Township resident Joe Silverman asked about MCPC recommendations that noise thresholds be 45 decibels, considerably lower than the 65 decibel limit in the township’s first draft, and said he thought the difference should be addressed.
“It’s basically a highway that never stops, 24/7/365,” he said.
The board voted unanimously to adopt the ordinance, and Kraynik said the update would be discussed at the township planning commission meeting on May 4.
Towamencin’s supervisors next meet at 7 p.m. on May 13 at the township administration building, 1090 Troxel Road. For more information visit www.Towamencin.org.
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