The Data Center Divide
A policy snapshot ahead of the 2026 midterms. Mapping data center incentives, restrictions, and bans through legislation, regulations, and executive actions across all 50 states and 1,462 local jurisdictions.
Bernards Township
Strongly Anti-Data Center Policies
Bernards Township has enacted a ban on ordinary data centers in all districts, including removing data processing centers as an office-zone use; narrow exceptions cover hospitals, public safety facilities, and utility infrastructure.
current law · Bernards TownshipProhibits Data Centers in every Bernards Township zoning district, except for hospitals, public-safety facilities, and public-utility infrastructure, under the adopted ordinance.Bernards Township Ordinance 2599 (2026)
What this means
The measure would prohibit data centers in all districts, and remove data processing centers as a permitted office-zone use. The exceptions for hospitals, public safety facilities, and public utility infrastructure are narrow, so the practical effect is an outright ban on ordinary data center development and operation in the township.
People behind it
- Township Committee
Introduced, amended, held the public hearing on, and adopted Ordinance #2599.
- Tompkins
Moved to introduce Ordinance #2599 on first reading and later moved to adopt the amended ordinance.
- Hodges
Seconded the motions to introduce and adopt Ordinance #2599.
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- Planning Board
Reviewed the ordinance and recommended revisions concerning the placement of definition-related text.
- Christine V. Kieffer
Municipal Clerk responsible for required notices, publication, filing, and transmission of the ordinance.
Restrictions & requirementsHide restrictions & requirements9
Data centers are prohibited in all zoning districts, except for hospitals, public safety facilities, and public utility infrastructure. Data Centers
The E-1, E-2, E-3, E-4, and E-5 Office Zones no longer permit data processing centers; that use is marked Reserved. Data processing centers
A server room, network facility, or computer-processing facility is excluded from the data-center definition only if it is clearly incidental and subordinate to the principal permitted use and serves solely the principal occupant's internal business, administrative, communications, cybersecurity, operational, or utility functions. clearly incidental and subordinate
Accessory data-processing facilities operated by financial institutions, public utilities, hospitals, educational institutions, governmental agencies, or similar entities are excluded from the data-center definition only if they occupy no more than 20% of the principal building's gross floor area or 10,000 square feet, whichever is less, and are not the property's principal use. does not exceed 20 percent
The accessory-facility exclusion does not apply to facilities used primarily for cryptocurrency mining, high-density computational processing for off-site customers, or wholesale digital infrastructure services. cryptocurrency mining
To qualify for the accessory-facility exclusion, total critical IT electrical load must not exceed 2 megawatts. not exceeding 2 megawatts
To qualify for the accessory-facility exclusion, a facility may not be served by a dedicated utility transmission substation installed primarily for it. dedicated utility transmission substation
To qualify for the accessory-facility exclusion, no dedicated electric utility substation, switching station, or comparable major electrical infrastructure may be constructed primarily to serve the facility. dedicated electric utility substation
To qualify for the accessory-facility exclusion, standby generation may not exceed 3 megawatts in aggregate capacity. standby generation exceeding 3 megawatts
Benefits & exceptionsHide benefits & exceptions3
Incidental server rooms, network facilities, and computer-processing facilities are excluded from the definition of a data center when they are subordinate to the property’s principal permitted use and serve only the occupant’s internal business, administrative, communications, cybersecurity, operational, or utility functions.
Accessory data-processing facilities operated by financial institutions, public utilities, hospitals, educational institutions, governmental agencies, or similar entities are excluded from the data-center definition if they occupy no more than 20% of the principal building’s gross floor area or 10,000 square feet, whichever is less; are not the property’s principal use; do not primarily serve cryptocurrency mining, high-density off-site computing, or wholesale digital infrastructure; have no more than 2 megawatts of critical IT electrical load; are not served by a dedicated utility transmission substation; do not require a dedicated major electric substation or switching station; and have no more than 3 megawatts of standby generation.
The township-wide prohibition on data centers does not apply to hospitals, public-safety facilities, or public-utility infrastructure.
Sources
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