Marple Township
Anti-Data Center Policies
Marple Township allows data centers only with conditional-use approval in its light industrial district, subject to 1,000-foot setbacks. Required studies, monitoring, solar planning, and water limits add significant costs and hurdles.
current law · Marple TownshipRegulates data centers and related infrastructure by allowing them only as conditional uses in Marple Township’s I Light Industrial District and prohibiting them elsewhere.Pennsylvania Marple Township O-26-? (2026)
What this means
The measure would allow data centers only by conditional-use approval in the light industrial district, with 1,000-foot setbacks, which could make finding a suitable site very difficult. It would also require extensive studies and ongoing monitoring, plus measures such as on-site solar planning and limits on water use; these conditions create substantial costs and hurdles, despite allowing data centers in that district.
People behind it
- Township of Marple
Municipality that enacted and administers Ordinance No. 2026-3.
- Board of Commissioners
Municipal legislative body that proposed, approved, and enacted the ordinance.
- Joseph Rufo
President of the Board of Commissioners who signed the ordinance on behalf of the Township.
Restrictions & requirementsHide restrictions & requirements42
Data centers and their accessory uses are allowed only in the I Light Industrial District, only by conditional use, and are prohibited in every other zoning district. permitted by CONDITIONAL USE
The applicant must obtain approval from the Board of Commissioners and satisfy all ordinance-specific standards before developing a data center. Board of Commissioners' approval
The minimum lot area is two acres. minimum lot area shall be 2 acres
Data center buildings are limited to 35 feet in height, with only up to 10 additional feet for specified roof-mounted equipment; accessory uses may not exceed the principal building's height, excluding roof equipment. maximum building height
Data centers and accessory uses generally must be set back at least 1,000 feet from residential zoning or uses, sensitive receptors, adjoining property lines, and road rights-of-way. set back a minimum of 1,000 feet
Data center electric substations must meet additional setbacks: 1,000 feet from property lines and road rights-of-way and from residential structures or sensitive receptors, 50 feet from project parking lots, and 200 feet from waterbodies, streams, or wetlands. Data Center Electric Utility substations
A 50-foot-wide landscape buffer is required along adjoining residential uses or districts, sensitive receptors, and public roadways, with specified evergreen, canopy, ornamental, and shrub planting densities and ongoing replacement obligations. landscape buffer shall be at least 50 feet
The applicant must post a performance guarantee covering the estimated cost of required buffer plantings and installation; the guarantee is not released until after the second growing season. performance guarantee
Fencing along public and private roadways may not be chain-link, with or without slatted inserts, and may not use barbed wire or similarly intrusive deterrence devices unless fully screened from view. fencing along public and private roadways
Cooling, ventilation, and operating equipment, including backup generators, within 1,000 feet of specified roads, residential areas, or sensitive receptors must be fully enclosed unless manufacturer specifications make enclosure infeasible; otherwise it must be fully screened. must be fully enclosed
Data centers and accessory uses must comply with location- and time-specific sound limits, including limits as low as 45 dB during nighttime hours for rural or low-density residential properties and sensitive receptors, plus separate maximum, peak, and pure-tone limits. Sound level limits
Mechanical or acoustically induced vibration may not exceed 200 micrometers per second RMS in any one-third octave band and may not exceed the ISO 2631-2 Residential Day criteria. shall not exceed 200
Applicants must submit a professional sound-modeling study with the application and an as-built sound study six months after the certificate of occupancy and before final escrow release; later studies may also be required by the Township. as-built sound study
A data center must demonstrate an adequate water supply and must show that withdrawals and discharges will not adversely affect nearby groundwater or surface water. adequate supply of water
Public-water users must provide certification from the public authority that it will supply the required water; nonpublic users may need Delaware River Basin Commission approval for withdrawals of at least 100,000 gallons per day over a 30-day average or consumptive use of at least 20,000 gallons per day over a 30-day average. public authority certifying
Projects relying on nonpublic groundwater or surface-water withdrawals must submit a water feasibility study, including projected demand, sources and uses, recycling or discharge information, mapping, wells and surface waters, and technical analyses. Water Feasibility Study
Groundwater projects must include a licensed professional geologist's hydrogeologic report, aquifer testing, sustainable-yield analysis, drought availability analysis, cone-of-depression analysis, and assessment of impacts on nearby wells and surface waters. hydrogeologic report
A nonpublic groundwater project withdrawing or discharging at least 50,000 gallons per day over any consecutive 30-day period must notify property owners within 3,000 feet or the applicable cone of depression and offer baseline well testing before the constant-rate aquifer test. 50,000 gallons per day
Operators must submit a groundwater monitoring plan, install at least one upgradient and three downgradient monitoring wells unless the facility is most upgradient, inspect monitoring wells at least monthly, and submit quarterly withdrawal, groundwater, precipitation, and equipment-accuracy reports. at least three monitoring wells
For up to 60 months after production wells reach full production, the operator is presumed responsible for adverse impacts to water-supply wells within the area of influence and bears the burden of proving otherwise. presumed to be responsible
If the Township determines that a data center caused an adverse water-supply impact, the operator must provide remediation at no cost to affected property owners, such as deepening or replacing wells or connecting properties to public water. alleviate the adverse impact
The applicant must post financial security equal to $10,000 multiplied by the number of other groundwater wells in the hydrologic environment; the security generally remains available until 60 months after the operator's wells reach full production. $10,000 by the number
Applicants connecting to the electric grid must provide certification that sufficient capacity is available and that the provider will serve the facility; impacts on electric rates or availability for other uses must be identified. necessary capacity is available
On-site generation used to supply normal data center operations is treated as a separate use requiring approval under the zoning rules applicable to that type of generation. considered a separate use
Applicants must submit an emergency response plan accepted by the local fire department and emergency management services, covering fire suppression, containment, ventilation, evacuation, emergency access, responder training, and annual fire-safety inspections. Emergency Response Plan
Battery or other energy-storage systems must comply with NFPA 855 or similar standards and include fire-suppression systems specifically designed for battery storage. NFPA Standard 855
Buildings facing a road, zoning district, or existing residential use must incorporate at least two specified façade design elements every 150 horizontal feet. at least two
Data centers must provide at least one parking space per 8,000 square feet of regularly employee-accessible floor area or one space per employee on the largest shift, whichever is less. one parking space per 8,000 square feet
Substations require year-round opaque landscaping or an at least eight-foot screen wall; new or enhanced electric lines must be underground when technically possible, and on-site lines of 34.5 kV or below must be buried. must be buried
On-site generation must use Tier 4 or greater generators, and all data center roofs must be solar-ready; a Solar Energy Plan must be submitted and solar systems installed no later than 12 months after the certificate of occupancy. completed no later than 12 months
A conditional-use applicant must submit an Environmental Impact Study addressing groundwater, surface water, air, fire, combustible materials, contaminants, and specified emissions and operational impacts, along with mitigation measures. Environmental Impact Study
A conditional-use applicant must submit a professional Traffic Impact Study covering roads, intersections, traffic volumes, residential-area effects, level of service, parking, hazards, and required mitigation within at least a one-half-mile radius, subject to expansion by the Township Engineer. one-half-mile radius
A conditional-use applicant must submit an economic impact study estimating Township-related infrastructure, emergency-preparedness, administrative, police, and fire costs and projected tax and other revenues. economic impact study
Approval may be conditioned on one or more Community Benefit Agreements addressing impacts on environmental and historical resources, emergency responders, roads, sewer, infrastructure, and local government administration, including payments in lieu of specified measures. Community Benefit Agreements
Applicants must submit a long-term site master plan identifying current and future data center parcels, equipment, utilities, infrastructure, setbacks, buffers, emergency access, environmental features, and a second means of emergency ingress and egress; parcels may be added or removed only through a subsequent conditional-use application. parcels may only be added or removed
A Development Agreement is required to address community impacts and document preemptive public improvements, including potential fire-company equipment and training and electric-grid upgrades. Development Agreement
Cooling systems must use closed-loop, air-cooled chiller technology; open-loop or once-through evaporative chilling is prohibited. Open-loop or "once-through" evaporative chilling are prohibited
Backup power generation may be used when the utility provider indicates grid vulnerability, while regular unnecessary use is prohibited. regular unnecessary use is prohibited
Applicants must provide no-impact or will-serve confirmation letters, implement on-site water recycling, and pretreat wastewater before sewer discharge, specifically addressing PFAS. No-Impact/Will-Serve
Applicants must execute a curtailment agreement requiring automatic reduction to maintenance-only electrical usage, not exceeding 10% of normal operating capacity, during a grid emergency, peak-demand event, or voltage reduction. not to exceed 10% of normal operational capacity
Applicants must provide decommissioning and upgrade guidelines, specify removal and disposal of obsolete electronic materials, and post upfront bonding to cover potential municipal abandonment or decommissioning costs. Upfront bonding
Operators must submit an annual compliance report detailing monthly utility use and efficiency, generator use, efficiency declines, and energy or water-use spikes. Annual Compliance Reporting
Benefits & exceptionsHide benefits & exceptions15
Data centers and their accessory uses are expressly permitted by conditional use in the I Light Industrial District, subject to Board of Commissioners approval; they are not prohibited in all zoning districts. (permitted by CONDITIONAL USE in the I LIGHT INDUSTRIAL Zoning District)
The ordinance allows a data center project to include numerous accessory facilities on the same tract or a unified assemblage of adjacent parcels, including generators, substations, energy storage, cooling and water facilities, utility lines, security structures, and wastewater treatment facilities. (Ancillary uses or structures secondary and incidental to a Data Center use)
Accessory renewable-energy systems, including on-site solar generation and battery storage serving the data center, are expressly permitted. (Accessory renewable energy systems including battery storage or on-site solar generations serving the Data Center are permitted)
The minimum lot area for a data center is set at two acres, allowing qualifying facilities to be developed on lots smaller than would be required under a larger minimum-lot standard. (The minimum lot area shall be 2 acres)
The building-height standard allows a data center to be 35 feet high plus up to 10 additional feet for roof-mounted cooling and ventilation equipment, providing room for necessary rooftop infrastructure. (35 feet, plus up to 10 additional feet for roof-mounted equipment)
Existing topography or vegetation may count toward all or part of the required landscape buffer, potentially reducing the amount of new landscaping needed. (existing topography and/or vegetation may constitute all or part of the required buffer yard)
Cooling, ventilation, and backup-power equipment that cannot be fully enclosed for mechanical reasons may instead be screened through specified alternatives, including landscaping, existing vegetation, buildings, berms, or solid screens. (except where not mechanically feasible based on the manufacturer’s specifications)
Emergency standby generators are exempt from the ordinary sound limits while being used for emergencies. Routine testing may also exceed the limits by up to 20 dBA, or 20 dB for peak measurements, for up to one cumulative hour per seven-day period when conducted during specified daytime hours. (Emergency standby generators during emergency use)
A public-water project can satisfy the ordinance’s water-approval requirement by submitting certification from the public authority that it will supply the needed water. (the public authority will supply the water needed)
For nonpublic water sources meeting specified Delaware River Basin Commission thresholds, proof of Commission review and approval substitutes for the ordinance’s additional water-feasibility study. (shall not be required to provide an additional water feasibility study)
Certain small surface-water withdrawals are exempt from demonstrating compliance with the ordinance’s detailed flow-protection table if they qualify as de minimis withdrawals, subject to drainage-area and percentage limits. (An applicant is exempt from the requirement to demonstrate compliance with Table 1)
On-site or behind-the-meter generation using natural gas, renewable fuels, or other clean sources is permitted for reliability, efficiency, or sustainability, subject to environmental, safety, and interconnection standards. (On-site or behind the meter generation)
Parking may be calculated using the lesser of one space per 8,000 square feet regularly accessible to employees or one space per employee on the largest shift, allowing a lower parking requirement where the employee-based calculation is smaller. (or one parking space for every one employee)
Financial security posted for potential groundwater impacts must be returned 60 months after the operator’s wells reach full production, except for amounts needed to address unresolved claims. (the Township shall return to the Applicant all financial security)
An on-site electrical substation serving the data center does not require a buffer or screening between the substation and the principal data-center building, although it must meet the ordinance’s other location and screening requirements. (On-site substations do not require a buffer or screening between the Data Center Principal Building and the substation)
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