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The Data Center Divide

Pemberton Township

Anti-Data Center Policies

Pemberton Township has enacted ordinances barring data centers in several commercial and industrial zoning districts, substantially limiting where they can be built or operated. The restrictions do not establish a ban in every township zone.

current law · Township of Pemberton
This ordinance amends Chapter 190, the Township zoning code, to prohibit data centers within Pemberton Township.Pemberton Township Ordinance 13-2026 (2026)

What this means

The ordinance would prohibit data centers in several commercial/light-industrial and office/light-industrial zoning districts, creating a significant barrier to building or expanding there (“Data Centers, which shall be expressly prohibited”). The text does not establish a ban in every zoning district, so its impact is substantial but not an outright township-wide prohibition.

People behind it

  • Introduced the ordinance on first reading and adopted it after a public hearing.

Restrictions & requirementsHide restrictions & requirements1
  • Data centers are expressly prohibited in the GCLI, GCLI-1, GCLI-3, and OP/LI districts, including where they might otherwise fall under permitted light-industrial or warehouse uses (“Data Centers, which shall be expressly prohibited”).

Sources

current law · Township of Pemberton
Prohibits the construction and operation of data centers in Pemberton Township by amending zoning rules for the GCLI, GCLI-1, GCLI-3, and OP/LI districts to exclude data centers from permitted light-industrial, warehouse, and storage uses (data centers, which shall be expressly prohibited).Pemberton Township Ordinance 10-2026 (2026)

What this means

The measure expressly bars data centers in several commercial and industrial zoning districts, sharply limiting where they can be built or operated (“Data Centers, which shall be expressly prohibited”). The sources identify these as Pemberton’s industrial zones, but do not establish a ban in every zone, so this is a severe restriction rather than a confirmed township-wide ban.

People behind it

  • Introduced the ordinance on first reading and adopted it after a public hearing.

Restrictions & requirementsHide restrictions & requirements10
  • Data centers are expressly prohibited in the amended permitted-use provisions for Pemberton’s GCLI, GCLI-1, GCLI-3, and OP/LI districts. The provisions cover specified light-industrial uses and, in GCLI-1 and OP/LI, warehouse or similar storage uses; they do not state a prohibition applying to every zoning district. (expressly prohibited)

  • In the Pinelands, data centers are not permitted in Special Agricultural Production Areas. The presentation also says existing limits on the very few light-industrial opportunities in Agricultural Production Areas would prevent data-center development. (Data Centers are not permitted)

  • In Rural Development Areas, a municipality may allow only uses compatible with the Pinelands environment and similar in character, intensity, and impact to listed uses, including light industrial uses. Sanitary sewer is not permitted, and the height limit is 35 feet. (Sanitary sewer is not permitted)

  • In Pinelands Villages and Towns, a use may be allowed only if necessary public-service infrastructure is available or can be provided without development in the Preservation Area District, Special Agricultural Production Areas, or Forest Areas, and the use’s character and magnitude are compatible with the specific Village or Town. Villages have a 35-foot height limit. (Necessary public service infrastructure)

  • Regional Growth Area zoning plans must meet the CMP’s specified residential-density requirements and provide for at least a 50% increase in residential density through Pinelands Development Credits. The presentation says obligations can be shifted to non-residential development. (increase in residential density by at least 50%)

  • A zoning ordinance or redevelopment plan that permits data centers must be submitted to the Pinelands Commission for review and approval before it takes effect. (submitted to the Commission for review and approval)

  • A development applicant must submit a complete application to the Commission. The Commission issues a Certificate of Filing stating whether the proposal is consistent with the CMP; after local approvals, it reviews the approvals and plans, and those approvals take effect only if the plans comply with the CMP. (Applicant submits a complete application)

  • Public-water service is subject to allocation constraints: the presentation says additional allocation is not guaranteed and notes existing agreements that cap additional Kirkwood-Cohansey allocations for some Regional Growth Area municipalities. (No guarantee that additional allocation is available)

  • A proposed Kirkwood-Cohansey water diversion of 50,000 gallons per day or more requires demonstrating that no alternative water source is available or viable and that the diversion will have no adverse local or regional impact. Such diversions are allowed only in specified management areas: Regional Growth Areas, Pinelands Towns, Rural Development Areas, Agricultural Production Areas, Military/Federal Installations, and limited Villages. (50,000 gallons of water per day or more)

  • CMP minimum environmental standards apply, including standards for wetlands and transition areas, threatened and endangered species habitat, cultural resources, fire-hazard mitigation, and air quality. Large impervious surfaces require significant stormwater facilities; wastewater management must address sewer or septic constraints, including land needed for septic dilution. (Minimum Environmental Standards)

Benefits & exceptionsHide benefits & exceptions3
  • In Pinelands Regional Growth Areas, municipalities may allow a wide variety of uses, subject to the CMP’s zoning-plan requirements, including specified residential-density provisions. The presentation identifies these areas as among the limited places where data centers could be permitted. Regional Growth Area use provisions

  • In Pinelands Towns, municipalities may allow a wide variety of uses if necessary public-service infrastructure is available or can be provided without development in the Preservation Area District, Special Agricultural Production Areas, or Forest Areas, and the use is compatible with the character and magnitude of existing uses and structures. The presentation identifies Pinelands Towns as among the limited places where data centers could be permitted. Pinelands Town use provisions

  • In Regional Growth Areas, CMP amendments allow obligations for Pinelands Development Credits to be shifted to nonresidential development. PDC obligations for nonresidential development

Sources

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