West Windsor Township
Neutral Data Center Policies
West Windsor Township’s zoning rules may make some projects in the ROM-1 district harder by requiring larger setbacks near homes, including 500 feet for certain buildings, but the effect is limited to certain sites.
current law · Township of West WindsorDoes not expressly regulate data processing and computer centers as a separate use, but permits research and business development incubator facilities in the ROM1 Industrial District, including shared computer and related research-support spaces, within commercial mixed-use developments under Ordinance 2024-03.West Windsor Township Land Use Code, Chapter 200, Part 4, Zoning (Data Processing and Computer Centers)
What this means
The zoning changes are not specific to data centers, but they could make some development in the ROM-1 district harder by requiring larger setbacks near residential areas, including a 500-foot setback for certain buildings. The effect is limited to certain sites and projects, so it is likely a minor barrier rather than a major obstacle to building or operating data centers.
People behind it
- Samuel J. Surtees
Manager of the Division of Land Use who submitted the proposed ordinance revisions.
- Division of Land Use, Community Development Department
Township department responsible for proposing the ordinance revisions.
- Township Council
Governing body that introduced, considered, and adopted Ordinance 2024-03.
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- Mayor
Approved the adopted ordinance on February 27, 2024.
- Gay M. Huber
Township Clerk who administered the ordinance’s publication and transmittal.
Restrictions & requirementsHide restrictions & requirements11
A commercial mixed-use planned development in the ROM1 District must occupy at least 20 contiguous acres, use public water and sewer, and have at least four acres per lot and 300 feet of development and lot frontage.
Commercial mixed-use development must follow a unified Master Plan addressing land use, circulation, open space, utilities, design guidelines, common-area maintenance, and staged completion.
Commercial mixed-use development is subject to minimum setbacks: generally 100 feet from internal access roads, or 125 feet along arterial roads, with required 50-foot or 75-foot landscape areas; side and rear setbacks are generally 40 feet and 50 feet at the development perimeter.
Buildings in a commercial mixed-use planned development must be at least 35 feet apart or separated by the average building height, whichever is greater.
Commercial mixed-use buildings are limited to six stories and 75 feet in height. Buildings of four or more stories must generally be within an 1,800-foot-wide band measured from Route 1, and buildings over 45 feet high require three additional feet of setback for every foot above 45 feet.
For commercial mixed-use developments, the floor area of stories above the third story may not exceed 25% of the planned development's total FAR.
A development staging program must identify each stage and its required on-site, off-site, and off-tract improvements, and each stage must be substantially self-functioning with adequate access, utilities, parking, open space, amenities, and maintenance arrangements.
Applicants for staged commercial mixed-use development must provide maintenance and performance guarantees, covenants, and other formal assurances, and address responsibility and pro rata costs for required off-site and off-tract improvements.
ROM1 District development must provide a 125-foot front yard with a 75-foot landscape area, a 40-foot rear yard, and two 40-foot side yards.
Yards abutting a residential district or lot line must be increased by 35 feet. For planned commercial development with a building or structure over two stories and an associated parking facility, the minimum setback from the nearest residential zone line is 500 feet for buildings and 300 feet for pervious and impervious surfaces.
The Planning Board may reduce the increased residential setbacks by no more than 50%, and only after the applicant demonstrates a complete visual screen through berming, landscaping, or building placement, supported by grading, planting, and site-section plans.
Benefits & exceptionsHide benefits & exceptions8
For a project that qualifies as a ROM-1 use, the ordinance preserves all permitted and accessory uses within the ROM-1 District, including uses potentially associated with data-center operations.
The ordinance expressly permits research and business development incubator facilities with shared administrative, laboratory, computer, and related research-support services, including limited manufacturing facilities.
A ROM-1 commercial mixed-use planned development may use a unified master plan, allowing buildings, lots, yard sizes, and dimensions to be freely disposed and arranged, subject to the stated minimum standards and site-plan-review requirements.
The Planning Board may reduce setback requirements from internal access roads when an approved master plan supports the reduction and it would not create undesirable visual or spatial impacts.
The ordinance allows commercial mixed-use planned-development buildings up to six stories and 75 feet, subject to location, setback, and floor-area limits for taller buildings.
The ordinance permits phased construction through a required development staging program, with each stage supported by necessary on-site, off-site, and off-tract improvements and capable of operating with access, utility services, parking, and other required facilities.
For a planned commercial development next to residential zoning, the Planning Board may reduce the increased setbacks by up to 50% when berming, landscaping, or building placement provides a complete visual screen; the ordinance requires grading, planting, and sight-line documentation.
The ordinance removes the prior affordable-housing provisions from the ROM-1 commercial mixed-use planned-development standards, eliminating that requirement as a condition of such development.
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