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The Data Center Divide

Coolspring Township

Anti-Data Center Policies

Mercer County’s enacted ordinance makes new data centers and major expansions harder where county land-development rules apply, requiring buffers, studies, low-water cooling, and decommissioning funds.

Rating and summary from Mercer County as there are no scored current or future laws outside temporary restrictions for Coolspring Township.

pending · Coolspring Township
Restricts data centers to conditional-use approval in Coolspring Township’s industrial district and sets requirements for water use, power, emergency planning, noise, lighting, and facility closure.Coolspring Township Ordinance 101 (2026)

What this means

The measure would make data centers conditional uses only in industrial zones and impose substantial requirements for water, power, emergency planning, closure, and noise monitoring. In particular, strict day and night noise limits and ongoing compliance checks could add significant costs and make operation harder, though the measure does not ban development.

People behind it

  • Proposed, considered for adoption, and enacted Ordinance No. 101 amending the zoning ordinance to regulate data centers.

Restrictions & requirementsHide restrictions & requirements21
  • Data centers and data center accessory uses may be located only in the Industrial Zoning District and require conditional-use approval from the Board of Supervisors, in addition to applicable land-development approval and other permits. conditional use only within the Industrial (I) Zoning District

  • Projects must comply with existing Industrial District setbacks, maximum building height, and lot-coverage limits, plus minimum buffer-yard and screening rules. The Board must impose additional or more restrictive buffering, landscaping, fencing, structural screening, or berming when needed to protect roads, adjoining properties, or sensitive receptors. require additional or more restrictive conditions

  • Data centers must use closed-loop, recirculating, or equivalent low-consumption cooling systems. Open-loop, once-through, and other high-consumption evaporative systems are prohibited unless the Board specifically authorizes them after evidence shows that no feasible alternative exists and that adverse impacts will not result. Open-loop, once-through

  • Applicants must provide water-service capacity documentation, or required studies, permits, and supporting materials for non-public water sources. The Board may also require a water-feasibility study, drought-contingency plan, and documentation of withdrawals, consumptive use, wastewater generation, and disposal when warranted by the facility's scale or design. water feasibility study, drought contingency plan

  • Facilities using water-based cooling or systems that produce wastewater, blowdown, industrial wastewater, or spent coolant must document collection, treatment, transportation, and disposal methods and demonstrate compliance with applicable federal, state, and local requirements. Public-sewer disposal additionally requires written sewer-authority acceptance; other disposal methods require documentation of DEP, Clean Streams Law, NPDES, and other regulatory compliance.

  • The Township may require ongoing submission of permits, approvals, disposal agreements, manifests, and updated compliance documentation after operations begin when reasonably necessary to verify compliance, investigate a documented health or environmental concern, or enforce the ordinance. request updated documentation

  • A grid-connected data center must obtain utility documentation certifying sufficient capacity and willingness to provide service, demonstrate compliance with applicable Commonwealth requirements and GRID standards, and submit a non-confidential summary of electrical load, peak demand, service arrangements, interconnection status, upgrades, backup power, and reliability measures. Updates may be required during review and after approval. Sufficient capacity to serve the Data Center

  • Any energy-generation system used during normal operations, including solar, wind, fossil-fuel, or battery systems, is treated as a separate use requiring separate zoning and regulatory compliance. Material changes to cooling, electrical infrastructure, generation systems, battery chemistry, or operational load require Township review and approval. shall be considered a separate use

  • Applicants must submit an Emergency Response Plan covering fire suppression, containment, ventilation, evacuation, and first-responder access, and must disclose onsite hazardous materials, including batteries, fuels, coolants, and PFAS-containing substances.

  • If a project creates a demonstrated need for specialized training, equipment, or materials beyond standard municipal or volunteer fire-company capability, the applicant must pay the reasonable costs directly attributable to those project-specific needs. reasonable costs directly attributable

  • A qualified traffic professional must prepare a traffic-impact study when the proposed facility is reasonably expected to generate significant truck, employee, or service traffic affecting public roads or intersections. require a traffic impact study

  • Applicants must submit a decommissioning plan covering removal of buildings, equipment, generators, batteries, tanks, utility infrastructure, and hazardous materials; electronic-waste disposal; site stabilization; and closure and restoration schedules. The Board may require financial security to guarantee those obligations. submit a decommissioning plan

  • A facility is deemed abandoned if operations cease continuously for 12 months unless the owner demonstrates that active efforts are underway to resume lawful operations. The owner or operator must provide at least 180 days' written notice of a planned cessation when reasonably known in advance. continuous period of 12 months

  • Applicants must demonstrate energy efficiency in building and site design, including HVAC, cooling, lighting, and insulation. Applicants shall demonstrate energy efficiency

  • Outdoor lighting must be fully shielded with zero uplight, directed downward, and designed so the light source is not visible from adjoining properties, streets, or sensitive receptors. Light trespass at a property line adjoining a sensitive receptor or residential zone may not exceed 0.1 foot-candles.

  • Continuous facility operations may not exceed 55 dBA from 7:00 a.m. to 10:00 p.m., 45 dBA from 10:00 p.m. to 7:00 a.m., or 60 dBC at any time at a property line adjoining a sensitive receptor or residential zone. Steady-state vibrations must not be perceptible without instruments. shall not exceed fifty-five (55) dBA

  • Before land-development approval or a building permit, the applicant must submit a qualified acoustical engineer's predictive model demonstrating compliance at 100% full operational and peak cooling capacity. Within 30 days after becoming operational and before a final Certificate of Occupancy, the operator must fund full-load post-construction acoustic verification; failure to comply can result in withholding or revocation of the operating permit until mitigation is certified. No land development approval or building permit shall be issued

  • Applicants must fund a professional-review escrow for independent acoustical review, testing, and noise-complaint investigations. Before an occupancy permit, operators must install and maintain permanent calibrated sound monitors at Township-designated property-line locations, retain unedited dBA and dBC logs for at least 12 months, and provide real-time access to the Zoning Officer.

  • A verified noise violation is a municipal infraction requiring immediate capacity reduction or equipment modification, with escalating daily civil penalties until compliance is certified by the Township's expert. escalating daily civil penalties

  • Applicants must pay applicable zoning and conditional-use fees and establish or maintain escrow or cost-reimbursement accounts for lawfully reimbursable Township costs, including administrative, legal, engineering, planning, traffic, environmental, acoustical, utility, emergency-management, inspection, monitoring, and enforcement expenses. Escrows may have to be replenished, although unused balances must be returned and the ordinance does not authorize a separate data-center impact fee or tax. project-specific municipal costs

  • Conditional-use or land-development approval does not confer vested rights to operate unless the applicant maintains continuous compliance with all ordinance standards. maintains continuous compliance with all standards

Benefits & exceptionsHide benefits & exceptions8
  • Data centers and their accessory uses are allowed as a conditional use in the Industrial Zoning District, creating an approval pathway for construction and operation subject to the ordinance’s standards. (https://img1.wsimg.com/blobby/go/c640b4d9-9005-4e97-a822-79a7a991c7e8/Ordinance%20101%20%20Data%20Centers.pdf#:~:text=Data%20Centers%20and%20Data%20Center%20Accessory%20Uses%20may%20be%20permitted%20as%20a%20conditional%20use)

  • Data center ancillary structures may be included as part of the facility on the same tract, including substations, utility lines, cooling systems, water and wastewater facilities, pump stations, water towers, storage, security, and related infrastructure. (https://img1.wsimg.com/blobby/go/c640b4d9-9005-4e97-a822-79a7a991c7e8/Ordinance%20101%20%20Data%20Centers.pdf#:~:text=Data%20Center%20Ancillary%20Structures)

  • Data centers use the existing Industrial District standards for setbacks, maximum building height, and lot coverage rather than receiving separate data-center-specific dimensional standards. (https://img1.wsimg.com/blobby/go/c640b4d9-9005-4e97-a822-79a7a991c7e8/Ordinance%20101%20%20Data%20Centers.pdf#:~:text=Data%20Centers%20shall%20follow%20existing%20Industrial%20district%20standards)

  • Self-supplied or additional energy systems used during normal operations—including solar, wind, fossil-fuel, and battery systems—are recognized as separate uses that may be permitted under township, state, and federal regulations. Material changes to energy systems or operational load remain subject to Township review and approval. (https://img1.wsimg.com/blobby/go/c640b4d9-9005-4e97-a822-79a7a991c7e8/Ordinance%20101%20%20Data%20Centers.pdf#:~:text=Any%20energy%20generation%20system%20used%20to%20supply%20the%20Data%20Center)

  • Open-loop, once-through, or other high-consumption evaporative cooling systems may be approved as an exception when the applicant demonstrates that no feasible alternative exists and that the system will not adversely affect public water supplies, groundwater, or surrounding properties. (https://img1.wsimg.com/blobby/go/c640b4d9-9005-4e97-a822-79a7a991c7e8/Ordinance%20101%20%20Data%20Centers.pdf#:~:text=shall%20be%20prohibited%20unless%20specifically%20authorized)

  • A temporary Certificate of Occupancy may be requested while post-construction acoustical verification testing is pending, although a final Certificate of Occupancy requires verification and compliance. (https://img1.wsimg.com/blobby/go/c640b4d9-9005-4e97-a822-79a7a991c7e8/Ordinance%20101%20%20Data%20Centers.pdf#:~:text=A%20temporary%20Certificate%20of%20Occupancy%20may%20be%20requested)

  • The Township may facilitate community-benefit discussions, but a Community Benefit Agreement cannot be required as a condition or prerequisite for zoning or land-development approval, and its existence or terms cannot be considered when deciding whether the applicant meets the ordinance’s substantive standards. (https://img1.wsimg.com/blobby/go/c640b4d9-9005-4e97-a822-79a7a991c7e8/Ordinance%20101%20%20Data%20Centers.pdf#:~:text=shall%20not%20constitute%20a%20zoning%20requirement)

  • Confidential, proprietary, security-sensitive, and critical-infrastructure information submitted in connection with electrical-load disclosures or wastewater compliance may be protected from public disclosure to the extent permitted by law. (https://img1.wsimg.com/blobby/go/c640b4d9-9005-4e97-a822-79a7a991c7e8/Ordinance%20101%20%20Data%20Centers.pdf#:~:text=Confidential%2C%20security-sensitive%2C%20critical%20infrastructure%2C%20or%20proprietary%20information)

Sources

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