Penn Forest Township has taken a significant step in regulating data centers by approving a comprehensive zoning amendment. The decision, made by the township supervisors, aims to control and manage the development of data centers within the Carbon County municipality.
“We’ve written an ordinance that is as expansive as is legally possible to write. It is the strongest thing that currently exists as a proposition in the state of Pennsylvania, as it currently stands,” remarked Christian Bartulovich, vice chairman of the board.
With unanimous agreement following 50 minutes of public commentary, supervisors Roger Meckes, Christian Bartulovich, Brandon Bell, Patrick Holland, and James Denier enacted the zoning amendment. The decision was met with applause from approximately 50 community members present at the meeting held at Penn’s Peak.
Despite no current applications for data center construction in the area, the amendment facilitates lawful use of land for such purposes. Bartulovich emphasized, “This is a conditional use. If they can’t meet the conditions that are in the ordinance, we can deny it.”
Most residents speaking at the meeting supported the amendment, albeit with reservations about data center development. Linda Christman, president of Save Carbon County, commented, “I’m only thinking about these poor developers out there. If they are thinking of putting a data center in Penn Forest, they should price in the cost of aggravation, money and time, because the opposition is not going anywhere.”
Details of the New Ordinance
The ordinance introduces an overlay district within a residentially zoned area. Bartulovich explained, “An overlay preserves the underlying district. So it’s still eligible to use for that, but the overlay allows for the use that we’re discussing” (during a hearing on Feb. 24).
Mele Brothers Realty, through attorney Matthew McHugh, has plans to build a data center on land they own along Route 903 and Maury Road. They previously challenged the township for not having zoning regulations for data centers, a situation now addressed by the new ordinance.
The ordinance demands compliance with several standards, including:
- A minimum lot area of 30 acres.
- Data center height capped at 60 feet, plus an additional 15 feet for rooftop equipment.
- Architectural and design standards.
- Setbacks, buffer yards, and equipment screening and fencing requirements.
- Noise and vibration standards.
- An emergency response plan requirement.
- A power needs study for the data center.
- Woodland protection, limiting disturbance to 50% for non-residential uses.
Concerns Over Water Usage
The potential water demand for cooling data centers is a pressing issue for Penn Forest and other Northeast Pennsylvania residents. Penn Forest’s water supply is entirely well-based, lacking a public water source. The ordinance requires developers to conduct a water feasibility study and manage well testing and water quality during operations.
The ordinance also delineates an area of influence for water resources, with standards to address any impact on neighboring wells. Resident Ashleigh Davis raised questions about the well agreement, particularly regarding the determination of the aquifer’s span and the impact zone.
Jacob Peterzak from Mayer’s Well Drilling shared his concerns, stating, “There is not enough groundwater in this area to provide for a data center.”
Ensuring Transparency and Future Protections
Transparency measures in the ordinance require data center operators to publicly announce generator operation times on a dedicated website, with routine operations posted at least 24 hours in advance.
The ordinance also mandates a decommissioning plan for any unused or unfinished facilities, ensuring the restoration of the property to its pre-construction state. Developers must provide a decommissioning cost estimate from an independent engineer licensed in Pennsylvania.
Scott Pickford, whose property borders the proposed data center zone, expressed, “By it passing, it protects us in the future. If this doesn’t pass, it goes back to square one. And guess what? We don’t have ordinances to deal with data centers so they can do whatever they want.”
