Birmingham Township
Anti-Data Center Policies
Birmingham Township’s enacted ordinance permits data centers in two commercial districts only with conditional-use approval and requirements such as an eight-acre lot, setbacks, noise limits, utility connections, and detailed plans.
current law · Birmingham TownshipThis ordinance amends Birmingham Township’s zoning code to define data centers and data-center accessory uses, allow data centers in specified commercial districts, and require conditional-use approval.Pennsylvania Birmingham Township Ordinance No. 03 (2026)
What this means
The ordinance would allow data centers in two commercial districts, but only after conditional-use approval and compliance with substantial requirements. These include an 8-acre minimum lot, large setbacks, noise limits, public water and sewer connections, and detailed energy, emergency, and decommissioning plans—significant hurdles for building and operating a facility.
People behind it
- Birmingham Township Board of Supervisors
Enacted and ordained Ordinance No. 2026-03, adopting the data-center zoning amendments.
Restrictions & requirementsHide restrictions & requirements25
Data centers are allowed only by conditional-use approval in the C-2 and C-2A districts, rather than as a by-right use. Data Centers subject to the provisions of §122-105.9
An applicant must comply with the applicable C-2 area, bulk, and design regulations, except where the ordinance imposes more stringent data-center-specific requirements. the area and bulk regulations
The minimum net lot area is 8 acres, with a 200-foot setback from adjoining property lines and road rights-of-way, increased to 400 feet where the site abuts a residential use. Minimum lot area and setbacks
Building height is limited to 35 feet; rooftop equipment, parapet walls, and equipment required to be behind parapet walls may not exceed 40 feet. The maximum building height shall be 35 feet
Principal building façades facing public roads or adjacent commercial or residentially zoned land must include a change in material, pattern, texture, color, or accent materials. Each principal building façade
Data centers must meet landscaping and screening requirements and provide at least one landscaped main-entrance feature. at least one main entrance feature
Parking is required at a minimum of one space for every employee working during the data center's largest shift. 1 parking space for every employee
A pre-construction noise and vibration study prepared by a qualified professional is required with the conditional-use application, and a post-construction study is required within 180 days after issuance of the use-and-occupancy certificate and commencement of operations. pre-construction noise and vibration study and within 180 days
Noise and vibration evaluations must assume simultaneous operation of all generators, cooling systems, mechanical equipment, and other noise-producing devices at maximum rated capacity. simultaneous operation of all generators
Data centers must comply with specified daytime and nighttime noise limits by receiving-land-use category, including residential limits of 55 dBA daytime and 45 dBA nighttime, plus low-frequency limits of 70 dBC daytime and 60 dBC nighttime. Numeric Noise Limits by Zoning Use
If testing shows noncompliance, the operator must submit a corrective-action plan within 30 days of written notice and fully remediate violations within 90 days unless the Township grants an extension for good cause. within 30 days of written notice and no event later than 90 days
The Township may require additional noise and vibration testing after substantiated complaints or material equipment changes and may impose interim operational restrictions or temporary curtailment when a probable violation is indicated. additional noise and vibration testing and temporary curtailment
A data center must connect to public water, prove that sufficient capacity exists without harming Township users, and may not use groundwater or direct surface-water withdrawals. shall be connected to public water and shall not use groundwater
Cooling must use air-cooled or closed-loop liquid-circulation systems unless the Township approves an alternative demonstrated to use less water and energy. air-cooled or closed-loop liquid circulation systems
A data center must connect to public sewer, submit wastewater-generation analysis, avoid discharges to stormwater systems or surface waters, and provide sewer-provider certification that the system can support 135% of required conveyance and treatment. support 135% of the conveyance and treatment needed
The conditional-use application must include an energy usage plan addressing electricity demand, generation and backup sources, storage, renewable and clean-energy efforts, and specified grid-interconnection documentation. energy usage plan
Backup generators must meet EPA Tier 4 emissions standards, undergo annual testing with reports to the Township, and may be used for routine maintenance or readiness testing for no more than 100 hours per year. Tier 4 emission standards and capped at 100 hours per year
Routine generator-maintenance testing is limited to 10:00 a.m. through 4:00 p.m. Monday through Friday; backup generation may not be used for peak shaving or ordinary grid supply. restricted to the hours of 10:00 am through 4:00 pm Monday through Friday and peak shaving
Generator testing must be announced on the operator's public website and to the Township at least 24 hours in advance. announced on the website at least 24 hours in advance
Independent water or energy systems, including BESS, geothermal, solar, petroleum-based, nuclear, and other systems, are part of the data-center use; systems added later require an amended conditional-use approval and independent Township-consultant review at the applicant's expense. shall require an independent review by Township consultants
The applicant must submit an Emergency Response Plan accepted by the local fire department and emergency management services, covering fire suppression, containment, ventilation, evacuation, access, hydrants, and responder training. reviewed and accepted by the local fire department
The applicant must reimburse costs for specialized and future ongoing training of first responders, and BESS or other energy-storage systems must comply with NFPA 855 or similar standards and include storage-specific fire suppression. Costs incurred and compliance with National Fire Protection Association
A construction plan controlling construction vehicles, deliveries, equipment, contractor access, and large-equipment delivery times must be approved as part of final land-development-plan approval. construction plan must be approved
The applicant must submit a decommissioning plan, begin decommissioning within one year after operations cease, complete it within 18 months, and post financial security covering decommissioning and site restoration. Decommissioning must begin within one year and financial security
A substantial modification incorporating new technologies or upgrades, including changes to power-generation systems, requires amendment of the conditional-use approval. required to amend any conditional use approval
Benefits & exceptionsHide benefits & exceptions8
Data centers are expressly permitted by conditional use in the Heavy-Commercial (C-2) District and the Limited Highway-Commercial (C-2A) District.
The definition of Data Center Accessory Use allows related infrastructure and support facilities—such as administrative, fiber-optic, storage, security, substations, utility lines, cooling-water and wastewater facilities, pump stations, water towers, cooling equipment, and fire-suppression systems—to be developed as part of the data center on the same tract or a unified assemblage of adjacent parcels.
Data centers receive a specific parking standard of one parking space for each employee working during the largest shift, instead of the otherwise applicable parking standards.
The ordinance permits rooftop equipment associated with a data center to extend up to 40 feet, while principal building height is capped at 35 feet and parapet walls and equipment behind them may not exceed 40 feet.
Data centers may use backup power generation, including during emergency outages and routine maintenance or readiness testing, subject to EPA Tier 4 emissions standards, annual testing, a 100-hour annual testing limit, and weekday testing-hour restrictions.
An applicant may propose an alternative cooling system if it demonstrates that the system uses less water and energy than a closed-loop system, subject to Township approval.
Independent systems supplying water or power directly to a data center—including battery storage, geothermal, solar, petroleum-based, nuclear, and other generating systems—are treated as part of the data center use and may be approved through an amended conditional-use approval.
The data-center noise standards expressly supersede other Township noise standards for data centers, providing project-specific numeric limits and compliance procedures based on receiving land use and time of day.
Sources
Data provided by Regbase · Cookie preferences · Report missing data
