Fermanagh Township
Anti-Data Center Policies
Fermanagh Township’s enacted ordinance allows data centers but requires large setbacks, height limits, and extensive reviews of environmental, water, power, and emergency-response impacts, potentially making projects costlier and harder to site.
current law · Fermanagh TownshipThis ordinance establishes requirements for data centers and associated infrastructure in Fermanagh Township, including siting, setbacks, height, noise, screening, power, water, emergency response, environmental review, and decommissioning.Pennsylvania Fermanagh Township Ordinance 2026-4 (2026)
What this means
The ordinance would make data center projects substantially harder: it requires very large setbacks, limits building height, and demands extensive environmental, water, power, and emergency-response reviews. It does allow data centers, but the land and approval requirements could rule out many sites and add significant costs and delays.
People behind it
- Fermanagh Township Board of Supervisors
Enacted and adopted the ordinance establishing regulations for data centers in the township
- Shane Swartz
Attested to the ordinance as secretary of the Fermanagh Township Board of Supervisors
- Steve Ramsey
Signed the ordinance as chairman of the Fermanagh Township Board of Supervisors
Restrictions & requirementsHide restrictions & requirements33
Maximum building height is 35 feet. A taller building requires a written waiver, fire-department certification, and inclusion with the land-development application.
Principal buildings, accessory structures, and data-center substations generally must be set back 1,000 feet from adjoining properties and public road rights-of-way.
Principal buildings, accessory structures, and substations must be at least 1,000 feet from existing residential structures outside the project parcel and from sensitive receptors.
Structures must be set back 200 feet from waterbodies, perennial or intermittent streams, and wetlands.
Parking must include at least one space per employee on the largest shift plus three visitor spaces, and parking lots must be at least 50 feet from public road rights-of-way and property lines.
At least one loading bay is required, and it must be located on one facade, avoid obstructing street traffic, and preserve emergency access.
The community noise equivalent level may not exceed 57 dBA at sensitive-receptor property boundaries, developed-property boundaries, or the nearest residential property line, subject to limited emergency exceptions.
Air, dust, smoke, glare, exhaust, heat, and humidity generated by the facility may not be perceptible at or beyond the property line.
Operational equipment must be housed in a metered, grounded, pre-engineered metal structure with at least a 30-minute internal electrical-fire rating and automatically closing fire baffles.
Battery storage and other stationary energy-storage systems must demonstrate compliance with NFPA 855 or similar standards and include fire-suppression systems specifically designed for battery storage.
Applicants must obtain written utility-provider verification of adequate capacity, safe infrastructure, adequate cooling and operating systems, no electrical interference or voltage fluctuations, and successful third-party inspection of electrical work.
Outdoor lighting must be shielded so it does not adversely affect adjoining properties or public streets.
The entire perimeter must have high-quality black chain-link security fencing at least eight feet high.
Data-center substations require year-round opaque landscaping or an at least eight-foot screen wall, must generally be located on the side or rear of the principal building and outside required front yards, and must be set back 200 feet from property lines and roadways and 500 feet from off-site residential structures.
New or enhanced electric lines must be underground where technically possible, and on-site power lines of 34.5 kV or less must be buried.
On-site generators must be Tier 4 or higher and operate at the lowest feasible dBA levels.
All roofs must be designed as solar-ready, and the applicant must submit a solar-energy plan addressing projected consumption, proposed systems, generation calculations, and installation timing. Solar systems must be installed no later than 12 months after the certificate of occupancy.
Loading bays, truck entrances, and truck drive aisles must be located away from sensitive receptors unless physically impossible, with required screening.
Service areas and mechanical and electrical equipment must be screened from public roads, sensitive receptors, and residential properties. Rooftop equipment must be screened on all four sides and meet specified setback-from-parapet requirements.
Enhanced buffer yards are required along sensitive receptors and collector or arterial roads. Depending on building footprint, buffers along streets and certain sensitive uses must be 100, 150, or 300 feet, with at least 50-foot buffers along other property lines.
Required buffer yards must include specified berms, evergreen and canopy trees, shrubs, and landscaping standards; impervious surfaces are generally prohibited within the buffers.
Applicants must submit an environmental and community impact analysis addressing operations, traffic, materials, infrastructure, emergency services, utilities, waste, municipal impacts, and potential environmental nuisances.
Applicants must complete an environmental impact assessment by a qualified professional, including analysis of emissions, truck idling, nuisance impacts, stormwater, comprehensive-plan consistency, alternatives, unavoidable impacts, mitigation, and critical impact areas.
Public-water or public-sewer service requires certification that the provider can supply the water and accept the sewage flow. Non-public water sources require a detailed water-feasibility study addressing supply, wells, groundwater, surface waters, agricultural irrigation, recycling, and discharge.
All data-center water-cooling systems must use closed-loop cooling that recirculates water without direct atmospheric exposure.
Applicants must coordinate emergency-radio coverage with the county, obtain a 911 address, confirm local fire departments have appropriate fire-response chemicals and supplies, and submit an emergency response plan to county emergency services and the relevant fire departments.
A Pennsylvania Natural Heritage Program study dated within two years of the application, along with required agency clearance letters, is required, and the applicant must comply with all directed species-protection measures.
Projects on, along, or within 150 feet of specified waterways, wetlands, floodplains, ponds, or reservoirs must protect, convert, or establish a riparian forest buffer generally at least 100 feet wide on each side, with additional width for slopes or wetlands.
No earth disturbance, land development, or storage or stockpiling of materials may occur within the required riparian forest buffer, which must be protected in perpetuity and shown on the final plan.
Applicants must submit a decommissioning plan and financial assurance covering at least 100 percent of estimated decommissioning costs after salvage or recycling deductions. The estimate must be updated every ten years, with increased security if costs rise.
Applications must document compliance, include drawings and an approved land-development plan, and follow the township's subdivision and land-development review process.
Applicants must pay all land-development application fees and engineering-review fees before final approval is granted.
Violations may result in civil penalties of up to $500 plus court costs and reasonable attorney fees, with each continuing day generally treated as a separate violation after the applicable determination period.
Benefits & exceptionsHide benefits & exceptions12
The ordinance expressly permits data-center accessory uses and infrastructure on the same tract or an assemblage of adjacent parcels developed as a unified campus, including generators, electrical substations, utility lines, cooling and water facilities, wastewater treatment, security structures, battery storage, and on-site solar generation.
A data-center electrical substation may serve facilities on the same or adjacent site, or on a site immediately across a road right-of-way, allowing related power infrastructure to support the data center.
The 35-foot maximum building height may be waived if the applicant submits a written request and certification from the local fire department that a taller building can be properly protected.
On-site or behind-the-meter generation using natural gas, renewable fuels, or other clean sources is expressly permissible when used to improve reliability, efficiency, or sustainability, subject to environmental, safety, and utility-interconnection standards.
All building roofs must be designed to be solar-ready, and the ordinance permits roof-mounted solar systems; a qualified professional must submit a solar plan, with installation completed within 12 months after the certificate of occupancy.
Noise limits do not apply to emergency alerts, emergency work needed to provide electricity, water, or other public utilities when public health or safety is involved, snow removal, or road repair.
The Supervisors may modify or waive the enhanced buffer-yard requirements if the waiver is in writing and submitted with the land-development application.
Existing vegetation may be used in place of new berms and plantings if approved by the Supervisors, potentially reducing the need for new landscaping work.
Utilities may be located outside required buffer yards to the maximum extent feasible and may be co-located when feasible, helping reduce utility crossings through required buffers.
An on-site electrical substation does not require buffer or screening between the substation and the data-center principal building, and it may be located beside or behind that building rather than in a required front yard.
The required setbacks for data-center electrical substations are 200 feet from adjoining property lines and roadways and 500 feet from an off-site residential structure, rather than the ordinance's 1,000-foot setbacks for data-center buildings and general accessory structures.
Riparian-buffer requirements allow an existing riparian forest buffer to remain intact without being altered to establish the ordinance's individual buffer zones, which can reduce additional site work where qualifying vegetation already exists.
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