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The Data Center Divide

Milford Township

Anti-Data Center Policies

Pennsylvania requires data centers over 25 MW to obtain local approvals, secure power for their full demand, cover project-related grid costs, and meet added community, jobs, environmental, and reporting obligations. These rules may raise costs and delay or prevent covered projects, but do not ban them.

Rating and summary from Pennsylvania statewide as there are no scored current or future laws outside temporary restrictions for Milford Township.

pending · Milford Township
Would amend Milford Township’s zoning ordinance and zoning map to create an optional data-center overlay and regulate data centers and related uses, which would generally require conditional-use approval and address impacts on public health, infrastructure, utilities, neighboring properties, water resources, noise, and emergency services (proposed ordinance).Milford Township Ordinance No. ___, Amending the Zoning Ordinance and Zoning Map to Define and Add Specific Requirements for Data Centers and Data Center Related Uses (2026)

What this means

These measures do not ban data centers, but limit where they can be built and require conditional-use approval or a mapped overlay with detailed special standards for data centers. Strict noise and water rules, extensive studies and monitoring, and required financial security would make approval, expansion, and operation substantially harder.

People behind it

  • Governing body that ordained and enacted the Bucks County data-center ordinance.

  • Governing body responsible for considering, advertising, and adopting the Pike County data-center ordinance.

  • Forwarded the latest edited and clean versions of the Pike County data-center ordinance for consideration.

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  • Prepared the public advertisement for the Pike County data-center ordinance hearing.

  • Pike County supervisor authorized to coordinate publication of the data-center ordinance hearing advertisement.

Restrictions & requirementsHide restrictions & requirements51
  • Bucks County Milford Township permits data centers only in the PI Planned Industrial District and only through conditional-use approval.

  • Pike County Milford Township establishes a DC Data Center Overlay District on the area shown in Appendix A; data center applications in the overlay require conditional-use approval, and the overlay standards supersede conflicting underlying-district standards.

  • Bucks County requires a minimum five-acre lot, 500-foot lot width, and 200 feet of public-road frontage.

  • Pike County requires a minimum five-acre lot for data centers and related uses.

  • Bucks County limits principal buildings to 60 feet, although conditional-use approval may allow up to 80 feet if operational need, setbacks, noise, lighting, and visual-impact requirements are satisfied.

  • Pike County limits data-center buildings to 45 feet, with up to 15 additional feet for roof-mounted cooling, ventilation, or HVAC equipment; related uses may not exceed the principal building's height excluding roof equipment.

  • Bucks County imposes 250-foot front, side, and rear yards; a 200-foot setback from external public roads; and a 1,000-foot setback from existing residential dwellings and residential zoning districts.

  • Pike County requires data centers and related uses to be at least 100 feet from adjoining property lines and street rights-of-way.

  • Bucks County limits building and impervious coverage to 60 percent, requires at least 20 percent landscaped open space, and counts substations, cooling facilities, parking, loading, roads, fuel facilities, and other impervious improvements in the coverage calculations.

  • Pike County sets maximum lot coverage at 25 percent, with increases up to 65 percent for lots of 50 acres or less and 50 percent for larger lots only through the standards and discretionary considerations in Section 414, while retaining the 100-foot setback.

  • Pike County requires the Supervisors to consider public health and welfare, sensitive-receptor buffers, environmental, traffic, community-impact, and historical or cultural-resource studies, as well as proposed community benefits, when deciding whether to increase lot coverage.

  • Bucks County requires a continuous 100-foot landscape buffer where a data center abuts a residence, residential district, public park, school, preserved agricultural property, or conservation easement.

  • Pike County requires landscaped buffers along all property lines and streets: 50 feet next to sensitive receptors, residential districts, or streets, and 25 feet along other property lines, with specified evergreen, canopy-tree, ornamental-tree, and shrub plantings.

  • Pike County prohibits structures, dumpsters, storage, loading areas, and parking within required landscape buffers; fencing is permitted only if fully screened, and plantings must be maintained and replaced within a maximum of 150 days when necessary.

  • Bucks County requires complete screening from residential properties and public roads of generators, substations, transformers, cooling equipment, fuel tanks, loading docks, service yards, mechanical equipment, and refuse facilities.

  • Bucks County requires primary vehicular access from an arterial roadway or another road shown by a traffic-impact study to have sufficient capacity, and construction access must be designed to minimize impacts on residential streets.

  • Bucks County requires a sealed Utility Impact Assessment for every conditional-use application, identifying electrical demand, utility infrastructure, water and wastewater demands, cooling systems, fuel systems, BESS, backup generation, environmental effects, and emergency-access implications.

  • Bucks County requires applicants to submit available utility-coordination materials, including Will Serve letters, capacity reservations, interconnection status, utility correspondence, transmission or distribution studies, and required utility approvals.

  • Pike County requires a notarized landowner affidavit or agreement confirming that the data-center owner or operator is authorized to apply for permits and land-development approval.

  • Pike County requires a power-supply certification from the electric provider confirming capacity, service, and that electric rates and availability for existing users will not be affected, together with professional documentation of power demand, sources, storage, and rate or availability impacts.

  • Pike County requires a water-feasibility study demonstrating adequate water supply and no unacceptable effects on groundwater or surface water; public-water projects must provide certification from the public authority.

  • Pike County requires Delaware River Basin Commission approval for nonpublic water sources involving withdrawals of at least 100,000 gallons per day averaged over 30 days or consumptive use of at least 20,000 gallons per day averaged over 30 days.

  • Pike County requires groundwater projects to provide a Pennsylvania-licensed hydrogeologic report, aquifer testing, sustainable-yield analysis, drought analysis, and evaluation of effects on nearby wells, surface waters, and groundwater levels.

  • Pike County requires applicants using nonpublic groundwater to notify property owners within 3,000 feet, or within the production wells' cone of depression if greater, and to offer and pay for baseline testing of consenting owners' wells.

  • Pike County requires post-construction groundwater monitoring, including at least one upgradient and three downgradient monitoring wells, monthly inspection, continuous or approved flow measurement, and quarterly reports on withdrawals, groundwater levels, precipitation, and monitoring results.

  • Pike County presumes the data-center owner and operator responsible for adverse impacts to water-supply wells within the area of influence after production wells begin full operation, subject to the ordinance's hearing process and rebuttal procedures.

  • Pike County requires the owner and operator to remediate water-supply impacts at no cost to affected owners, potentially by deepening or replacing wells or connecting properties to public water, and allows the Township to use posted security if remediation is not begun within five days after a final determination.

  • Pike County requires financial security for potential groundwater-well damage, with the amount updated after the first year of occupancy and every other year thereafter.

  • Bucks County requires an acoustical analysis covering cooling, electrical, generator, loading, HVAC, and other significant stationary sources, plus post-construction testing before a certificate of occupancy and additional testing after specified major equipment changes.

  • Pike County imposes maximum day and nighttime equivalent and maximum sound limits based on the receiving property's zoning district, along with a ground-borne vibration limit based on the ISO Residential Day Vibration curve.

  • Pike County requires sound and vibration studies with the conditional-use application, an as-built study six months after the certificate of occupancy and before final escrow release, and permits Township verification studies whose costs may be charged to the applicant or operator when a violation is found.

  • Bucks County limits routine generator testing to Monday through Friday from 9:00 a.m. to 5:00 p.m.; emergency operation is exempt.

  • Pike County requires at least 24 hours' advance public-website and Township notice for routine generator operation, limits routine operation to 30 minutes per day between 9:00 a.m. and 5:00 p.m. on weekdays excluding holidays, and exempts generators supplying backup power during outages.

  • Pike County requires ground-mounted and roof-mounted cooling, ventilation, and backup-generation equipment to be fully enclosed.

  • Both ordinances require emergency-access planning; Pike County additionally requires a Knox-type box, adequate emergency-radio coverage, a certified Emergency Response Plan, annual fire-safety inspections and property tours, responder training funded by the applicant or operator, and specialized fire-suppression measures for battery storage.

  • Bucks County requires an Emergency Operations Plan before a certificate of occupancy and annual updates or updates after material operational changes.

  • Bucks County requires parking at one space per employee on the largest shift plus spaces for company vehicles and demonstrated visitor demand, subject to a possible reduction only after a Parking Demand Study.

  • Pike County requires 1.5 parking spaces for every employee working the largest shift.

  • Bucks County requires Truck Access and Freight Operations Plans, Construction Management Plans, and, where extraordinary construction traffic is expected, possible roadway surveys, restoration obligations, and financial security.

  • Bucks County limits construction activities generating significant noise to 7:00 a.m. through 7:00 p.m., Monday through Saturday, unless otherwise approved or required by emergency conditions.

  • Pike County limits construction noise to weekdays from 7:00 a.m. to 6:00 p.m., subject to specified noise controls, with limited exceptions for emergency work.

  • Pike County requires documentation of procedures for removal, recycling, or disposal of electronic waste, servers, batteries, hazardous substances, and related materials.

  • Pike County requires street-facing or sensitive-receptor-facing building façades to meet specified articulation, fenestration, entrance, color, and material standards, including windows on at least 30 percent of the façade surface area.

  • Bucks County treats additional buildings, material increases in electrical demand, additional substations, increased generator or BESS capacity, increased water or wastewater demand, additional cooling towers, access-road expansion, or increased coverage as major modifications requiring additional Township approval.

  • Bucks County allows administrative approval of minor modifications only when the applicant demonstrates no increase in off-site impacts and continued compliance with setbacks, noise, buffering, lighting, and other approvals.

  • Bucks County requires annual owner certifications beginning one year after the certificate of occupancy and continuing thereafter, with records available for reasonable zoning-enforcement requests and inspections.

  • Bucks County treats a data center as abandoned after 24 continuous months of ceased operations unless intent to resume is demonstrated, and requires a decommissioning plan within 12 months after abandonment.

  • Pike County requires notice after six months of inactivity and presumes discontinuance or abandonment after 12 continuous months, followed by decommissioning and site restoration within 12 months.

  • Pike County requires a Township-approved decommissioning agreement before conditional-use approval and financial security equal to 110 percent of the approved decommissioning and revegetation cost before final land-development approval, with periodic updates and continued security until restoration is complete.

  • Bucks County permits financial security, where authorized by law, for roadway restoration, public improvements, landscaping, and stormwater facilities.

  • Violations under the Pike County ordinance may result in the maximum civil fine allowed by law, with each day treated as a separate violation, and the Township may seek an injunction and recovery of costs and attorney's fees.

Benefits & exceptionsHide benefits & exceptions11
  • In Bucks County Milford Township, data centers are authorized as a conditional use in the PI Planned Industrial District, with approval required under stated objective standards rather than an outright prohibition. Data Centers shall be permitted only within the PI – Planned Industrial District

  • The Bucks County ordinance directs the Board of Supervisors to approve a conditional-use application when the applicant demonstrates compliance with the ordinance’s objective standards and required findings. The Board of Supervisors shall approve a Conditional Use application upon determining

  • After conditional-use approval in Bucks County Milford Township, accessory facilities such as substations, generators, cooling systems, BESS installations, transformers, utility corridors, and communications infrastructure may be approved as accessory uses without being treated as separate principal uses. Data Center Accessory Uses and Structures shall be permitted by right

  • The Bucks County ordinance allows minor modifications to be approved administratively without another conditional-use approval when they do not increase off-site impacts and maintain compliance with applicable standards. Examples include server replacement, equivalent-capacity cooling or generator replacement, software upgrades, repairs, and internal reconfiguration. Minor Modifications may be approved administratively

  • The Bucks County ordinance permits a principal building up to 60 feet by right and allows the Board to approve a height up to 80 feet when additional height is shown to be necessary and the facility satisfies setback, noise, lighting, and visual-impact requirements. The Board of Supervisors may approve a building height not exceeding eighty (80) feet

  • The Bucks County ordinance protects lawful zoning, conditional-use, subdivision, land-development, zoning, and building approvals issued before the ordinance takes effect, although later expansions or major modifications remain subject to applicable requirements. Nothing contained herein shall invalidate any lawful zoning approval

  • In Pike County Milford Township, the DC Data Center Overlay District is optional, allowing an applicant to develop under either the overlay standards or the underlying zoning standards; for a data-center application using the overlay, the overlay standards supersede conflicting underlying-district regulations. an applicant shall have the option of developing property

  • The Pike County ordinance permits data centers and related uses in the mapped DC Overlay District, with data centers listed as conditional uses and related uses listed as accessory uses. DC Data Center Overlay District

  • The Pike County ordinance allows lot coverage to increase from the 25% base limit to up to 65% for lots of 50 acres or less and 50% for larger lots, subject to Supervisors’ consideration of public impacts, buffers, studies, and community-benefit commitments; the 100-foot setback still applies. The maximum lot coverage may be increased to 65%

  • The Pike County ordinance defines data-center-related accessory uses broadly, including normal-operation energy-generation systems, backup generators, substations, fuel storage, utility lines, cooling and water systems, wastewater treatment, and security facilities, allowing these facilities to function as ancillary components of the data center when located on the same tract or unified adjacent parcels. Data Center Related Use

  • For surface-water withdrawals in the Pike County ordinance, an applicant may avoid the detailed Table 1 flow-impact demonstration when the withdrawal qualifies as de minimis: no more than 5% of monthly P95 flow for streams with drainage areas from 10 to 1,000 square miles, or 10% for streams with drainage areas of at least 1,000 square miles. A withdrawal is de minimis

Sources

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