Loading map…
Regbase

The Data Center Divide

Dickinson Township

Anti-Data Center Policies

Dickinson Township’s enacted ordinance limits data centers to the Business Industrial zone, with conditional-use approval, a 50-acre minimum site, and substantial setbacks. It also requires studies and safeguards addressing noise, emissions, water, and emergency response.

current law · Dickinson Township
Restricts data centers to conditional-use approval in the Business Industrial zone and sets requirements for their location, noise, utilities, environmental impacts, emergency response, and eventual decommissioning.Dickinson Township Ordinance No. 2026-03, Regulations Pertaining to the Use of Data Centers and Battery Energy Storage Systems (Cumberland County, Pennsylvania)

What this means

The proposal would allow data centers only in the Business Industrial zone with conditional-use approval, a 50-acre minimum site, and substantial setbacks, sharply limiting where projects could be built (50 acres). It also requires costly studies and ongoing safeguards for noise, emissions, water and emergency response, making approval and operation substantially harder (Noise Impact Study).

People behind it

  • Developed the proposed ordinance over several months.

  • Proposed, held the public hearing, and was identified as the body authorized to enact the ordinance.

  • Signed the ordinance as Chairman of the Dickinson Township Board of Supervisors.

Show 3 more peopleShow fewer people
  • Signed the ordinance as Vice Chairperson of the Dickinson Township Board of Supervisors.

  • Signed the ordinance as a Dickinson Township Supervisor.

  • Municipality proposing and administering the zoning amendment and its related public-notice and filing process.

Restrictions & requirementsHide restrictions & requirements28
  • Data centers are allowed only in the Business Industrial Zone and only as a principal use through conditional-use approval, with the applicant carrying the burden of proving compliance with the ordinance.

  • Buildings, parking, staging, and loading areas must be at least 500 feet from Agricultural, Low-Density Residential, and Mixed Use zones and specified sensitive uses, and at least 200 feet from a residential use in other zones.

  • The site must have at least 300 feet of contiguous frontage on an arterial or collector road, buildings must be at least 50 feet from a street right-of-way, and parking and loading areas must be at least 50 feet from a public street right-of-way.

  • A data-center property must contain at least 50 acres, have at least 300 feet of lot width, and limit total lot coverage—including structures, drives, parking, loading, and other impervious areas—to 70 percent.

  • Building height is limited to 50 feet, including roof-mounted cooling and ventilation equipment, although additional height may be allowed based on increased yard setbacks.

  • Data centers must comply with specified access-drive standards, prevent entrance gates from causing vehicle backups onto adjoining roads, and provide one passenger parking space per employee on the largest shift plus at least five visitor spaces.

  • Applicants must submit a traffic-impact study prepared by a professional traffic engineer.

  • Applicants must provide utility capacity evidence, including a utility will-serve letter or certified engineering assessment, a written electric interconnection agreement, and a statement of total project energy needs.

  • Electric lines serving the facility must be underground, and the data center may not cause electrical interference or line-voltage fluctuations on or off the property.

  • Backup power systems may be used only during outages, natural disasters, similar emergency events, and regular reliability testing or exercising; additionally, backup systems generally may not operate or be tested when the applicable air-quality index exceeds 70, unless the system is zero-emission.

  • Data centers must use Dickinson Township Municipal Authority public water and sewer and obtain confirmation of available capacity and approvals for domestic, cooling, and industrial wastewater disposal.

  • Applicants must submit an independent noise-impact study, install any required mitigation at their expense, and keep facility sound at or below 55 dBA or 75 dBC next to residential property and 65 dBA or 85 dBC next to nonresidential property, subject to specified measurement requirements.

  • An as-built noise study is required six months after the certificate of occupancy, and the Township may require later or post-occupancy testing at the applicant's expense; a noise violation can automatically rescind the zoning permit until corrected.

  • Applicants must submit an independent vibration and electromagnetic study demonstrating that facility-generated vibration is not perceptible beyond the property line and electromagnetic waves do not extend past the property line.

  • Applicants must submit environmental and community impact analyses and an environmental impact assessment addressing operations, traffic, emergency services, water, sewage, emissions, energy use, heat, greenhouse gases, waste, schools, municipal costs, regional effects, and mitigation measures, including relationships with projects within 25 miles.

  • Air, dust, smoke, glare, exhaust, heat, and humidity generated by the use must be conducted so they are not perceptible at or beyond the property line.

  • Data centers must comply with enhanced buffering and screening requirements, including 200-foot buffer yards along specified zoning districts, residential uses, and adjoining municipalities, with a minimum 15-foot earthen berm where required.

  • Applicants must submit hazardous-materials safety plans, keep hazardous-material storage at least 100 feet from property lines, and comply with applicable RCRA, OSHA, DEP, and DOT requirements.

  • Backup-generator fuel systems require spill-prevention and containment documentation; underground fuel storage is prohibited, and additional certification is required when aboveground diesel storage exceeds 10,000 gallons.

  • Applicants must provide EPCRA, e-waste and hazardous-waste handling, air-emissions monitoring, monthly emissions reporting, and ongoing chemical-management compliance plans.

  • Before approval, applicants must submit an emergency response plan addressing fire suppression, evacuation, hazardous-material releases, emergency access, battery-related incidents where applicable, 24-hour monitoring, responder training, annual inspections, and coordination with emergency agencies.

  • Applicants must submit a fire-protection engineering report and a fire-protection water-supply report, and must pay for specified fire-department training, tabletop exercises, emergency exercises, planning, and GIS work.

  • Data centers and associated equipment must comply with the most current applicable International Codes, state amendments, National Electrical Code requirements, and applicable NFPA and UL standards, with required thermal-runaway testing and hazard-mitigation documentation where BESS is used.

  • Electrical equipment must be enclosed by security fencing with warning signs, and the operator must report failures, fires, hazardous-material leaks, injuries, or other extraordinary events to the Township within 24 hours.

  • Operators must submit an annual report containing proof of insurance, verification of decommissioning financial security, and summaries of complaints and extraordinary events; the Township may inspect the facility with 24 hours' advance notice.

  • The applicant must provide a decommissioning plan and financial security equal to 110 percent of estimated decommissioning costs, subject to Township review and adjustment every two years.

  • If a data center or its equipment ceases operation for 12 months, it is presumed permanently ceased unless the applicant proves otherwise; after permanent cessation or abandonment, equipment and related appurtenances must be removed within 12 months.

  • The applicant must pay all costs associated with required studies, inspections, Township reviews, and any Township decommissioning work, including administrative, legal, and engineering costs.

Benefits & exceptionsHide benefits & exceptions10
  • Data centers are allowed as a principal use by conditional use in the Business Industrial Zone rather than requiring a separate zoning-map amendment, although the applicant must satisfy the ordinance’s conditional-use criteria.

  • Data Center Accessory Uses may include generators, electrical substations, utility lines, cooling systems, water and wastewater facilities, renewable-energy systems, storage, security facilities, and environmental controls, provided they are on the same tract or a unified assemblage of adjacent parcels.

  • Utility-Scale BESS may be established as a principal or accessory use by conditional use in the Business Industrial Zone, allowing a data-center project to use large-scale storage for backup power, grid support, or normal operations.

  • The dimensional standards allow a minimum 50-acre lot, up to 70% lot coverage, and building height up to 50 feet, with additional height available based on increased setbacks.

  • The ordinance provides a defined path for electrical, water, and sewer capacity, through utility will-serve letters, an interconnection agreement, and required service from the Dickinson Township Municipal Authority’s public water and sewer system.

  • Backup generators are recognized as accessory equipment, and may be used during outages, natural disasters, similar emergencies, and routine reliability testing, subject to the ordinance’s air-emissions and air-quality restrictions.

  • Noise limits do not apply during a power outage affecting all or part of a data-center or principal-use BESS building, recognizing that the facility must be able to operate continuously; compliance must be restored within three hours after power returns.

  • An approved conditional-use permit is transferable to a new owner, provided the new owner registers with the Township within 30 days and accepts the existing conditions.

  • Routine maintenance and like-kind replacement of an approved Commercial-Scale or Utility-Scale BESS do not require a new conditional-use approval, although an increase in approved storage capacity requires a new conditional use.

  • Decommissioning requirements are clarified as applying to Data Center Equipment and BESS Equipment rather than the building shell, lighting, access drives, landscaping, or buffering, allowing those site improvements to remain for potential reuse after equipment removal.

Sources

Data provided by Regbase · Cookie preferences · Report missing data