Data centers, accessory structures, power substations, and campuses are allowed only by conditional use in the I-1 General Industrial District; they are not allowed in residential, agricultural, or commercial districts.

A conditional-use application must be approved by the Board of Supervisors after a public hearing, with review and recommendations from the Township Planning Commission; data-center applications must also be submitted to the Luzerne County Planning Commission for review and comment.

Conditional-use applications require a detailed site plan, including buildings, parking, loading, buffers, access, nearby streets, water features, easements, nearby residences, parcel information, location maps, topography, and other information requested by the Board.

The applicant bears the burden of proving that all development and operational aspects of the data center will not adversely affect public health, safety, welfare, surrounding areas, or community character.

A conditional-use hearing must generally be convened within 60 days of a complete application, subsequent hearings must generally occur within 45 days, and the Board must decide within 45 days after the final hearing unless the applicant agrees to an extension.

Conditional-use approval expires after one year if construction has not commenced; one extension of up to one additional year may be granted upon written request and a finding of continued compliance.

Every data center, accessory structure, power substation, and campus must be at least 400 feet from property lines and 450 feet from a sensitive receptor, agricultural use, street, stream, or delineated wetland.

Data-center sites must contain at least 50 acres, buildings may not exceed 220,000 square feet, structures may not exceed 45 feet in height, and lot coverage may not exceed 20 percent.

No structure, accessory equipment, or appurtenance may occupy a required setback area.

A continuous vegetative buffer at least 50 feet wide must be maintained along property lines, using approved native evergreen and deciduous trees and shrubs at least four feet high when planted.

Tree removal is limited: trees six inches or more in diameter at breast height may be removed only when necessary for the data-center use, and no more than 50 percent of qualifying tree masses, tree lines, hedgerows, or individual trees may be removed.

An Environmental Impact Statement is mandatory for every data center, accessory structure, power substation, and campus, and the Board may not waive that requirement.

The Environmental Impact Statement must address soil, surface water, stormwater, vegetation, topography, groundwater, water supply, sewage, solid waste, air quality, noise, wildlife, traffic, critical areas, governmental approvals, and potential environmental impacts; adverse impacts that cannot be fully mitigated may justify denial.

Applicants must provide environmental and utility-rate impact analyses demonstrating that the project will not shift costs to utility ratepayers or impose direct or indirect economic burdens on them.

Data centers using nonpublic water sources must submit a water-feasibility study addressing water needs, hydrogeology, nearby wells and surface waters, water quality, safe yield, effects on nearby water resources, and recycling or discharge; the Township may expand the study area beyond the required minimums.

Applicants must use nonpotable water sources, exhaust reasonable efforts to use existing waterlines, and demonstrate the best available waterless or water-conservation technology, including closed-loop or recirculating cooling where feasible.

Projects withdrawing at least 100,000 gallons per day over a 30-day average, or using at least 20,000 gallons per day consumptively over a 30-day average, must provide proof of Susquehanna River Basin Commission review and approval.

The Township may require an independent water study by a firm it selects, at the applicant's expense; water use must be reported quarterly by a third party, and a water-infrastructure bond of at least $5 million is required, subject to increase by the Township.

Noise must not exceed 45 dBA or 60 dBC at the property line from 7:00 a.m. to 7:00 p.m., or 40 dBA at other times; vibration may not be perceptible beyond the property line.

Applicants must provide preconstruction, operational, expansion, and post-construction noise and vibration studies, with testing over a continuous 72-hour period including a 24-hour weekend reading; studies and any third-party reviews are at the applicant's expense.

Data-center buildings must use construction materials and design techniques engineered to limit noise propagation, and the Township may require ongoing noise monitoring and immediate mitigation of exceedances.

Outdoor lighting must use full cut-off fixtures directed downward, meet specified light-trespass and glare limits, remain within 20,000 lumens per acre, limit parking-lot lighting to 0.5 foot-candles average illumination, and turn off nonessential lighting from 7:00 p.m. to 7:00 a.m.; a lighting and photometric plan is required.

Standby-generator testing is limited to 9:00 a.m. through 5:00 p.m., Monday through Friday, excluding federal holidays, and requires a Township-reviewed schedule and an impact statement addressing noise, emissions, and vibration.

An Emergency Response Plan must be approved before operation and must address hazards, emergency procedures, evacuation, notification, fire suppression, training, drills, site access, utility shutoffs, and annual fire inspections at the applicant's expense.

Before receiving a certificate of occupancy, the applicant must fund specialized semiannual training and equipment for local firefighters and other emergency responders, with additional ongoing training as required.

Data centers using battery or other energy-storage systems must comply with NFPA 855 or similar standards and install fire-suppression systems specifically designed for battery storage.

Primary power must come from a public utility with a capacity letter showing adequate service without substantial impact on other ratepayers; the applicant must prove by clear and convincing evidence that the project will cause zero increases in existing or future customers' electric rates.

On-site generation is limited to periods when the primary power source is unavailable and may not operate for more than 30 days in any 90-day period.

New or upgraded transmission and distribution lines must minimize visual impacts, may be required to be underground at the applicant's expense, and must not impose an undue burden on existing community electrical infrastructure.

A decommissioning plan is required at application, and the applicant must provide financial assurance of at least $25 million, subject to increase by the Township; the assurance must be reviewed and adjusted every two years.

Decommissioning must begin within one year after operations cease or abandonment is declared and must be completed within 18 months thereafter unless the Supervisors grant a written extension for good cause.

Each conditional-use application requires a $10,000 fee and an escrow account for independent review, monitoring, and enforcement costs of at least $150,000 per year for each year of the expected project life.

Material increases in computing load, water consumption, power demand, or noise output require an amended conditional-use application and approval after another public hearing.

Violations of approved operating terms, including noise or environmental limits, require prompt remediation and may result in permit revocation or suspension of operations.

Data centers, accessory structures, power substations, and campuses are expressly allowed as conditional uses in the I-1 General Industrial District, providing a designated zoning pathway for development. permitted by Conditional Use

The ordinance defines a data center campus to include contiguous or non-contiguous parcels under common ownership or control, allowing an integrated facility to span separate parcels. contiguous or non-contiguous parcel or parcels

The definition of data center expressly includes low-water-consumption facilities and facilities using renewable power, so those characteristics do not exclude a facility from the authorized use category. low water consumption facilities and facilities with a renewable power supply

Conditional-use hearings must generally begin within 60 days of a complete application, and the Board must decide within 45 days after the final hearing; failure to meet specified deadlines can result in approval being deemed granted. the decision shall be deemed to have been rendered in favor of the applicant

The ordinance permits primary power to come from a public utility and permits on-site generation when the primary source is unavailable, subject to a limit of 30 total days of operation in any 90-day period. Primary power will be from a public utility

A data center may be transferred to a new owner or majority owner by giving written notice to the Supervisors and obtaining the new owner’s written confirmation that the approval conditions will continue to be met. Any transfer of ownership of a Data Center