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The Data Center Divide

Nutley Township

Pro-Data Center Policies

Nutley Township permits data centers on specified redevelopment parcels, subject to noise studies and limits on routine backup-generator hours.

current law · Township of Nutley
Adopts the Roche Southside Kingsland Street Redevelopment Plan for specified parcels on the former Hoffmann-La Roche campus, creating an overlay zone to guide redevelopment and support commercial and life-sciences activity, employment, investment, and tax-base expansion.Nutley Township Ordinance No. 3589 (2025)

What this means

The plan would expressly allow data centers on the specified redevelopment parcels, where the plan replaces existing zoning rules, making development more feasible (“Data centers” are permitted). It also requires noise studies and limits routine backup-generator operation to weekday daytime and evening hours, so the overall effect is a meaningful but conditional benefit (generator operating hours).

People behind it

  • Introduced Ordinance No. 3589 on behalf of the Board of Commissioners.

  • The governing body on whose behalf the ordinance was introduced and which approved and adopted the Roche Southside Kingsland Street Redevelopment Plan.

  • Prepared the Roche Southside Kingsland Street Redevelopment Plan.

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  • The FAR Planning professional identified as the preparer of the redevelopment plan.

Restrictions & requirementsHide restrictions & requirements15
  • An applicant cannot file a site-plan application unless it has first been designated as the redeveloper for the property and entered into a redevelopment agreement with the Township. (redeveloper designation and agreement required)

  • Before construction, the site plan must be submitted to the Board of Commissioners for completeness and compliance review before submission to the Planning Board. Substantial amendments or changes require an additional consistency review, and the Board has 30 days to complete its review. (Board of Commissioners review before Planning Board submission)

  • Data-center development may not create specified adverse influences, including toxic or noxious fumes, glare, radiation, smoke, odors, dust, waste, unacceptable noise or vibration, or other conditions detrimental to public health, safety, or welfare. (adverse influences prohibited)

  • Development is subject to dimensional limits, including a minimum one-acre lot size, 50-foot front, rail-line, and rear setbacks, a side setback equal to the greater of 50 feet or the building height when adjacent to residential property, a maximum 75-foot building height, maximum 40% building coverage, maximum 75% impervious coverage, and a 20-foot Kingsland Street buffer. Exterior equipment storage not associated with a substation requires a 100-foot setback. (bulk and coverage standards)

  • The minimum one-acre lot-size requirement may be avoided only through permitted subdivisions of convenience, which are allowed to facilitate separate financing of individual structures or lots. (subdivision exception)

  • Development must comply with New Jersey flood-hazard and stormwater rules, FEMA flood-insurance requirements, and other applicable regulations, and the developer must obtain all required NJDEP and other regulatory permits before land disturbance or construction. (stormwater and permitting requirements)

  • A noise study must be submitted with any site-plan application for redevelopment to demonstrate compliance with New Jersey noise-control regulations. (noise study required with site plan)

  • The developer must provide the number of EVSE and make-ready parking spaces required by state law and must provide bicycle parking at one space per 25 vehicle spaces up to 200 vehicle spaces, and one per 50 vehicle spaces thereafter. (EV and bicycle parking requirements)

  • A data center must provide at least one parking space per 10,000 square feet. Required parking cannot be located on public streets, and parking for multiple uses in one building is generally calculated separately and aggregated. (data-center parking ratio)

  • Surface parking areas with 20 or more spaces must be screened from public streets, and parking areas with at least 36 spaces or 12,000 square feet must provide interior landscaping, including one 3.5-inch-caliper tree per eight parking spaces and specified planting islands and buffers. (parking screening and landscaping standards)

  • Parking and loading areas facing public streets must be screened, parking facilities must meet specified stall, aisle, driveway, sidewalk, and emergency-access dimensions, and on-street parking is prohibited. (parking facility design requirements)

  • Each project must address the May 23, 2025 Stonefield traffic report and identify required improvements. If the proposed development would increase traffic beyond the report's assumptions, the Township's traffic consultant may require additional traffic improvements during site-plan review. (traffic improvements and possible additional requirements)

  • Lighting must use shielded LED fixtures with cutoff designs, light parking areas uniformly, illuminate pedestrian pathways, and prevent glare or light spillage onto neighboring properties. Blinking, strobe, and flashing lights are prohibited. (lighting restrictions)

  • After operations begin, the operator must provide a liaison available from 8:00 a.m. to 8:00 p.m. to respond to noise complaints. Backup generators, except when needed because of power outages, may operate only from 8:00 a.m. to 10:00 p.m., Monday through Friday, excluding holidays. (noise liaison and generator operating limits)

  • Substations, transmission lines, and distribution lines are conditional uses rather than permitted principal uses, and substation improvements, including required setbacks and buffers, may occupy no more than 40% of the redevelopment area. (conditional substation limit)

Benefits & exceptionsHide benefits & exceptions17
  • Data centers are expressly permitted as principal uses in the redevelopment area.

  • Multiple permitted principal uses may operate on the same lot or in the same building, and mixed-use projects are permitted and encouraged.

  • Accessory uses supporting a data center are permitted, including offices, cafeterias or kitchens, parking, roadways, recreation or open space, employee fitness facilities, security and storage structures, sky bridges, utilities, and refuse and recycling areas.

  • The redevelopment plan supersedes the existing zoning’s use, area, bulk, and design requirements for the covered properties; where there is a conflict, the redevelopment plan controls.

  • The plan establishes development standards allowing buildings up to 75 feet high, with maximum building coverage of 40% and maximum impervious coverage of 75%, subject to the specified setbacks and other requirements.

  • The minimum one-acre lot-size requirement may be waived for subdivisions of convenience used to provide separate financing for individual structures or lots.

  • Structured and surface parking are permitted principal or accessory uses, and permanent parking may be located on a different lot from the data-center building.

  • Data centers have a specific minimum parking ratio of one parking space per 10,000 square feet.

  • Required parking may initially be provided in temporary locations and may be relocated within the redevelopment area, provided that temporary and permanent parking are not placed on public streets.

  • Substations, transmission lines, and distribution lines are permitted as conditional uses and may provide power to the grid and to buildings within the overall redevelopment area; substation improvements may occupy up to 40% of the redevelopment area, including setbacks and buffers.

  • Buildings and structures needed to operate and support utility infrastructure, including substations, are permitted and receive a parking requirement of two spaces per facility when they provide daily staff occupancy.

  • The Township anticipates that a project commencing within five years after plan adoption may be eligible for a long-term tax exemption or PILOT, subject to governing-body approval and submission of a preliminary fiscal-impact analysis.

  • The Planning Board may grant variances or waivers from redevelopment-plan regulations for specified physical conditions, exceptional hardship, impracticability, or when the plan’s purposes would be advanced and the benefits substantially outweigh the detriments; changes to permitted uses or changes requiring a use variance require a formal plan amendment.

  • The redevelopment plan and its restrictions may not be amended for at least 30 years after approval without the property owner’s express consent.

  • Upon acquisition of immediately contiguous property deemed essential to carrying out the plan, the governing body will cooperate with the redeveloper to add that property to the redevelopment plan.

  • The ordinance repeals conflicting ordinances and provides that the redevelopment plan supersedes, amends, or modifies conflicting development regulations and automatically amends the zoning map for the covered area.

  • Each project may rely on the May 23, 2025 Stonefield traffic report to identify required infrastructure improvements, with additional improvements required only if a project increases traffic beyond the report’s anticipated conditions.

Sources

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