Millcreek Township
Anti-Data Center Policies
Millcreek Township’s amendment is labeled enacted, though its description calls it proposed; it requires conditional-use approval, limits I1 sites to under 50,000 square feet, and sets planning, utility, setback, and decommissioning-security requirements.
current law · Millcreek TownshipThis proposed Millcreek Township zoning amendment would specifically regulate data centers by limiting them to industrial districts, according to the reported draft.Millcreek Township Data Center Zoning Amendment (2026)
What this means
The proposal would still allow data centers in industrial districts, but only through conditional-use approval, with I1 sites limited to under 50,000 square feet (industrial-district rules). Applicants would face substantial requirements, including impact and emergency plans, public water and sewer connections, a 200-foot setback from residential districts, and financial security for decommissioning (proposed data-center requirements).
People behind it
- Millcreek Township Planning & Development Department
Developed and proposed the 2026 zoning amendments, including the new data center, transitional dwelling, and significant tobacco retailer regulations.
- Millcreek Township Planning Commission
Reviewed the proposed zoning amendments and recommended their approval.
- Mark Shaw, Esq.
Township solicitor who recommended consideration and enactment of Proposed Ordinance 2026-10.
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- Kim Clear
Moved to enact Ordinance 2026-10.
- Kylie Morris
Seconded the motion to enact Ordinance 2026-10.
- Millcreek Township Board of Supervisors
Held the public hearing and unanimously enacted Ordinance 2026-10 amending Chapter 145, Zoning.
Restrictions & requirementsHide restrictions & requirements20
Data centers are allowed only through conditional use approval: in the I1 Light Industrial District, the facility must be under 50,000 square feet of gross floor area; in the I2 Heavy Industrial District, data centers are conditional uses.
A conditional-use application must include an Environmental and Community Impact Analysis addressing operations, employees, traffic, stored materials, nearby environmental and cultural resources within 500 feet, disposal methods, emergency services, water, sewage, solid waste, schools, municipal costs and revenues, and impacts such as noise, dust, heat, vibration, wastewater, stormwater and electrical disturbance.
Applicants must show that environmental and community impacts are within legally acceptable levels and provide measures to mitigate or eliminate negative impacts; no data center may be approved unless the Township finds the proposed fire, emergency, containment, ventilation and evacuation procedures sufficiently protective of public health, safety and welfare.
Applicants must submit a professional-engineer-certified Energy Management Plan describing annual electricity demand, energy sources, storage capacity and efforts to maximize renewable or clean energy, and must make good-faith efforts to maximize renewable or clean energy for electrical and cooling needs.
An applicant connecting to the electric grid must provide documentation from the electric service provider that adequate capacity is available and that the provider will serve the facility, including known project impacts on electric rates or availability for other uses.
Energy-generation systems intended to supply a data center during normal operations are not treated as part of the data center use and require separate zoning, state and federal approvals.
Data centers must connect to the public water system supplied by Erie Water Works or its successor, and the applicant must provide certification that sufficient water capacity exists and that service will be provided.
Data centers must connect to the public sanitary sewer system for domestic, cooling and industrial wastewater, and the applicant must demonstrate that all wastewater flows have approved treatment capacity.
An Electronic Waste Plan is required, covering the safe removal, recycling or disposal of server infrastructure, hazardous materials, batteries, electronic waste and related products when the facility is updated.
Data centers and their accessory uses must be set back at least 200 feet from any property line adjoining a residential zoning district.
Security fencing must use good-quality, visually appealing materials; barbed wire and razor wire are prohibited, and fencing may not exceed 10 feet in height.
A detailed Emergency Response Plan prepared by a qualified professional is required, addressing flooding, fire, explosion and catastrophic weather, fire suppression, containment, ventilation, evacuation, emergency access, hydrants, responder training and annual fire-safety inspections.
The Emergency Response Plan must be reviewed and accepted by the Millcreek Fire Department and Millcreek Emergency Management as part of the conditional-use process.
Data centers with battery or other energy storage must demonstrate compliance with International Fire Code Chapter 12 and NFPA Standard 855, or similar standards, and must provide fire-suppression systems specifically designed for battery storage.
Each data center must display 24-hour emergency contact signage at its access entrance identifying the company or owner, representative, telephone number and local power company contact information.
A decommissioning plan is required at application and must inventory equipment, establish timelines, address removal and management of physical equipment, and provide for recycling or disposal of materials.
Decommissioning must begin within 12 months after discontinuation or abandonment of the data center, whichever occurs first, and must be completed within the following 12 months unless the Township grants a written extension.
The facility owner must provide financial security equal to 110% of the estimated decommissioning cost, based on gross decommissioning costs less 90% of estimated salvage and resale value.
The decommissioning security must be updated every five years for inflation and changes in costs or salvage values; any required increase must be paid within 30 days after Township approval, and the owner must pay the Township's administrative, legal and engineering review costs.
Conditional-use approval requires proof of electricity, water, sanitary-sewer and required state or federal approvals, plus approved Electronic Waste, Emergency Response and Decommissioning Plans.
Benefits & exceptionsHide benefits & exceptions6
Creates a permitting pathway for data centers as conditional uses in the I2 Heavy Industrial District and for facilities under 50,000 square feet of gross floor area in the I1 Light Industrial District. The measure adds data centers as conditional uses subject to specified review requirements.
Allows data center accessory uses on the same parcel, including administrative, fiber-optic, storage, security, electrical-substation, utility-line, cooling-water, wastewater-treatment, water-storage, pump-station, environmental-control, and security facilities. The definition includes multiple accessory infrastructure uses.
Provides a defined utility-infrastructure route by requiring connection to public water and sanitary sewer systems, with applicants able to proceed by obtaining capacity and service certifications from Erie Water Works, the sewer authorities, and the Township. The data center must connect to the public water system.
Allows data centers to satisfy energy requirements through on-site renewable or clean-energy generation or verifiable power-purchase agreements, while also permitting energy-storage systems subject to applicable safety standards. The measure allows on-site generation or power purchase agreements.
Uses an approved parking-needs analysis for data centers instead of imposing a fixed parking ratio. Data center parking is based on an approved parking needs analysis.
Reduces the decommissioning-security calculation by allowing a credit equal to 90% of estimated salvage and resale value, although the owner must still provide security equal to 110% of the resulting cost estimate. The decommissioning formula includes a 90% salvage and resale credit.
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