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The Data Center Divide

Franklin County

Anti-Data Center Policies

Franklin County’s ordinance is labeled enacted, though its description says it would impose large setbacks, a 35-foot height limit, strict noise rules, and water and environmental studies; it does not ban projects or require on-site solar.

current law · County measure
Requires data center projects in Franklin County to meet rules for siting, noise, water use, environmental review, safety, emergency planning, and cleanup when facilities are decommissioned.Franklin County Ordinance No. 2026-02 — Data Center Ordinance / SALDO amendment

What this means

The measure would make data center projects significantly harder through large setbacks, a 35-foot height limit, strict noise rules, and required water and environmental studies (setbacks and height limits). It does not ban data centers, and the adopted version does not require a set share of on-site solar, but the combined requirements are substantial barriers to building and expanding facilities.

People behind it

  • Proposed and adopted the data center amendment to the county's SALDO.

  • Chairman and signer of the ordinance adopted by the Franklin County Board of Commissioners.

  • Signer of the ordinance adopted by the Franklin County Board of Commissioners.

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  • Signer of the ordinance adopted by the Franklin County Board of Commissioners.

  • Reviews applicable plans, assesses community impacts, and may recommend amendments to the SALDO.

Restrictions & requirementsHide restrictions & requirements30
  • The ordinance applies the most restrictive requirement when its standards conflict with other Franklin County subdivision and land development rules.

  • Data center buildings are limited to 35 feet in height unless the developer obtains a written waiver supported by local fire-department certification that a taller building can be properly protected.

  • Principal buildings, accessory structures, and substations must generally be set back 1,000 feet from adjoining properties and public road rights-of-way, and 1,000 feet from existing residences or sensitive receptors.

  • Buildings must be at least 200 feet from bodies of water, perennial or intermittent streams, and wetlands; parking lots must be at least 50 feet from public rights-of-way and property lines.

  • A data center must provide at least one parking space per employee on the largest shift plus three visitor spaces, and at least one loading bay.

  • Noise is limited to a 57 dBA Community Noise Equivalent Level at sensitive-receptor property boundaries, developed-property boundaries, and the nearest residential property line; the Planning Commission may require noise barriers or other reduction devices.

  • Air, dust, smoke, glare, exhaust, heat, and humidity from operations must not be perceptible at or beyond the property line.

  • Operational equipment must be housed in electrically grounded, metal-encased structures designed to resist an internal electrical fire for at least 30 minutes, with automatically closing fire baffles.

  • Battery or other energy-storage systems must comply with NFPA 855 or similar standards and include fire-suppression systems designed for battery storage.

  • Applicants must obtain written utility-provider verification that adequate grid capacity and equipment exist, cooling and operating systems will not negatively affect the region, the facility will not cause electrical interference or voltage fluctuations, and the electrical work passed a third-party final inspection.

  • Outdoor lighting must be shielded so it does not adversely affect adjoining properties or public streets.

  • The site perimeter must have a minimum eight-foot-high, high-quality black chain-link security fence.

  • Data center substations require year-round opaque landscaping or an opaque screen wall at least eight feet high; on-site substations must be placed to the side or rear, and substations 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 while meeting environmental, safety, and utility-interconnection standards.

  • All building roofs must be solar-ready, and applicants must submit a qualified professional's Solar Energy Plan describing projected electricity use, proposed solar systems, expected generation, and installation within 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.

  • Data center sites must provide enhanced bermed buffer yards when adjacent to sensitive receptors or collector or arterial roads. Required widths are 100, 150, or 300 feet along specified boundaries depending on whether the combined building footprint is under 100,000 square feet, between 100,000 and 250,000 square feet, or over 250,000 square feet; other property lines generally require 50-foot buffers.

  • Buffer yards must include specified landscaping, including large evergreen trees, canopy trees, and shrubs, and generally cannot contain impervious surfaces other than access drives, sidewalks, and related improvements.

  • Applicants must submit an environmental and community impact analysis addressing operations, traffic, materials, emergency services, water, sewage, waste, schools, municipal finances, and potential environmental impacts.

  • Public-water or public-sewer projects must obtain authority certification that sufficient water is available and the sewer system can accept the additional flow.

  • Projects using non-public water must provide a detailed water-feasibility study demonstrating adequate supply and no harmful effects on wells, groundwater, surface water, or agricultural irrigation; data center cooling systems must use closed-loop cooling.

  • Applicants must coordinate emergency radio coverage, obtain a 911 address, verify that emergency departments have appropriate fire-response chemicals and supplies, and submit an Emergency Response Plan to county emergency services and the responsible fire departments.

  • A professional Environmental Impact Assessment is required, including analysis of air emissions, truck idling, nuisance impacts, stormwater, comprehensive-plan consistency, alternatives, unavoidable impacts, mitigation, and environmentally sensitive areas.

  • Applicants must provide a Pennsylvania Natural Heritage Program study dated within two years of the applicable application and comply with state clearance measures protecting threatened, endangered, and special-concern species.

  • Projects within or near specified waterways, wetlands, floodplains, ponds, or reservoirs must establish or protect a riparian forest buffer generally at least 100 feet wide on each side, with possible additional width based on slope and wetlands; no earth disturbance, development, or material storage is allowed within the buffer.

  • Applicants must submit a decommissioning plan and financial assurance covering at least 100 percent of estimated decommissioning costs, excluding salvage or recycling value, with the estimate updated every ten years and security increased if costs rise.

  • Data center applications must document ordinance compliance, include building and property-line drawings, use an approved land development plan, follow SALDO Article III review procedures, and pay all land-development and engineering-review fees before final approval.

  • Approval may be revoked if a data center is moved or altered, intentionally or by natural forces, so that it no longer conforms to the ordinance.

  • Violations may result in civil judgments 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 & exceptions6
  • The ordinance expressly permits data-center accessory facilities and infrastructure, including administrative and storage buildings, generators, electrical substations, utility lines, cooling and wastewater facilities, water-holding facilities, pump stations, fire-suppression equipment, security features, battery storage, and on-site solar systems, when located on the same tract or an assemblage of adjacent parcels developed as a unified facility. Accessory uses are permitted

  • On-site or behind-the-meter electricity generation using natural gas, renewable fuels, or other clean sources is permitted when used for reliability, efficiency, or sustainability, subject to environmental, safety, and utility-interconnection standards and the use of Tier 4 or better generators. On-site or behind-the-meter generation is permissible

  • A developer may request a written waiver from the 35-foot maximum building height if the local fire department certifies that a taller building can be properly protected and the waiver is included with the land-development application. The developer may request a waiver from this building height

  • The Planning Commission may approve written modifications or waivers from enhanced buffer-yard and landscaping requirements, and may approve existing vegetation as a substitute for new berms and plantings. The Planning Commission may grant a modification or waiver

  • The 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 maximum sound levels listed above do not apply to emergency alerts

  • The adopted ordinance requires buildings to be solar-ready and requires a Solar Energy Plan, but it does not require data centers or battery-storage facilities to install solar generation equal to a fixed percentage of electricity consumption. The commissioners have decided not to require a fixed amount of on-site solar

Sources

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