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The Data Center Divide

Lehigh Township

Anti-Data Center Policies

Lehigh Township allows data centers as conditional uses in its Industrial District, but substantial siting, environmental, noise, water, emergency-planning, and operating requirements may increase costs and delays.

current law · Lehigh Township
This ordinance amends Lehigh Township’s zoning ordinance to define data centers and data-center accessory uses and permits them by conditional use in the Industrial Zoning District.Pennsylvania Lehigh Township Ordinance 2026-2 (2026)

What this means

The measure would allow data centers as a conditional use in the Industrial District, rather than ban them, but applicants would face substantial siting, environmental, noise, water, emergency-planning, and operating requirements. These rules could add considerable cost and delay, making development harder overall; the ordinance is described as adding specific requirements for data centers.

People behind it

  • Township attorney who drafted, presented, and administered the proposed data-center ordinance.

  • Reviewed the draft ordinance and formally recommended that the Board of Supervisors adopt it.

  • Moved for adoption of Ordinance 2026-2 before the Board of Supervisors.

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  • Seconded the motion to adopt Ordinance 2026-2.

  • Adopted Ordinance 2026-2 regulating data centers and data-center accessory uses.

Restrictions & requirementsHide restrictions & requirements20
  • Data centers are allowed only as a conditional use in the Industrial Zoning District, requiring approval by the Board of Supervisors and proof that all ordinance criteria will be met.

  • A data-center lot must be at least 5 acres.

  • A data center must be located along an arterial, connector, or collector road.

  • Buildings are limited to a maximum height of 60 feet, and accessory uses cannot exceed the height of the principal data-center building.

  • Data centers must be separated from residential zoning districts or sensitive receptors by the ordinance's required setback.

  • A 100-foot buffer yard with trees and shrubs must be provided and maintained in perpetuity.

  • A 14-foot berm is required along the highway frontage.

  • Noise may not exceed 67 dB(A) during the daytime or 57 dB(A) at night.

  • Applicants must submit preliminary, interim, and as-built sound studies.

  • A public-water proposal must include a utility will-serve letter.

  • A private-well proposal requires extensive testing to protect neighboring wells and continuing groundwater monitoring.

  • Facilities must submit an annual report to the Township.

  • Cooling systems must be closed-loop systems that recycle water.

  • Applicants must provide evidence of sufficient grid power or supply power through an alternate source.

  • Emergency-management plans and procedures are required.

  • Data centers must satisfy specified acoustic and aesthetic requirements.

  • Applicants must provide traffic studies and meet parking requirements.

  • An environmental-impact study is required.

  • The facility must comply with all other applicable zoning requirements.

  • Decommissioning requirements require the site to be restored to its original condition when operations cease.

Benefits & exceptionsHide benefits & exceptions4
  • Data centers and data-center accessory uses are permitted as conditional uses in the Industrial Zoning District, providing an approval pathway instead of prohibiting the use outright. Applicants must satisfy the ordinance criteria through the Board of Supervisors’ conditional-use process.

  • The ordinance allows data centers to obtain water either from a public system, with a will-serve letter, or from a private well, subject to extensive testing and continuing groundwater monitoring.

  • A data center may obtain electricity from the grid if it provides evidence of sufficient power, or use an alternate power source such as solar, fossil fuel, or nuclear generation.

  • The ordinance expressly recognizes data-center accessory uses, allowing related facilities and operations to be included with the principal data-center use, although an accessory use may not exceed the principal use’s height.

Sources

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