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The Data Center Divide

Mount Joy Township

Anti-Data Center Policies

Mount Joy Township requires data centers to obtain conditional-use approval on at least 20 contiguous acres, with extensive studies and plans. They must also use closed-loop cooling and meet noise, water, screening, and ongoing reporting requirements.

current law · Mount Joy Township
Adopts zoning requirements for data centers and battery energy storage systems (BESS).Mt. Joy Township Data Centers and Battery Energy Storage Systems Amendment (2026)

What this means

The measure would make data centers conditional-use projects and require at least 20 contiguous acres, along with extensive studies and plans before approval (20-acre minimum). It would also require closed-loop cooling and impose strict noise, water, screening, and ongoing reporting requirements, creating substantial costs and hurdles for building and operating a facility (closed-loop cooling requirement).

People behind it

  • Proposed, held the public hearing on, and enacted Ordinance No. 202602 amending the zoning regulations.

  • Moved to adopt the ordinance.

  • Seconded the motion to adopt the ordinance.

Restrictions & requirementsHide restrictions & requirements37
  • Data centers may be developed only through conditional-use approval, rather than by right, and must comply with the ordinance's additional procedures, standards, and criteria.

  • A data-center tract must contain at least 20 contiguous acres.

  • Impervious coverage is limited to 65% of the tract, including driveways, parking areas, and truck-loading areas, and gross building coverage is limited to 50%.

  • A data center must maintain a 300-foot setback from residential uses or residential zoning districts, plus minimum front, side, and rear setbacks of 75 feet, 50 feet, and 50 feet, respectively, from nonresidential uses or districts unless a greater district setback applies.

  • New data-center buildings must meet specified facade-design standards, including multiple architectural design elements and an appearance resembling an office or professional building rather than an equipment-storage or logistics structure.

  • Specified building materials are prohibited or limited on visible facades, including smooth-faced concrete block, tilt-up concrete panels, prefabricated steel panels, and metal cladding exceeding stated percentage limits.

  • A permanent buffer yard is required where a data center abuts a residential zone or use or a public roadway, generally including a berm at least 7.5 feet high, specified slopes, and prescribed native plantings.

  • Applicants must submit a sight-line plan, and any approved preexisting screening must be maintained permanently; if it is lost, replacement screening meeting the ordinance must be installed within one year and secured by a recorded restrictive covenant.

  • Cooling systems, substations, transformers, generators, fuel cells, pumps, fans, blowers, and other accessory equipment must be screened, with additional enclosure requirements for sound-producing roof equipment.

  • Utility substations installed specifically to transmit power to a data center must be visually screened by an opaque man-made barrier at least 12 feet high.

  • Noise-producing equipment must be located behind the data-center building when adjacent to residential property, or on the side with the greatest setback when multiple residential boundaries are involved.

  • A photometric plan is required, and exterior lighting generally may not produce more than 0.0 footcandles at abutting lot lines, subject to the stated public-safety access-drive exception.

  • Exterior lighting is limited to a maximum mounting height of 15 feet, must be fully shielded or cutoff, may not be strobing or colored, may not be pole-mounted on roofs, and LED lighting may not exceed 3000K color temperature.

  • Hazardous-material storage tanks must be at least 300 feet from residential property and 50 feet from nonresidential property, and applicants must submit a hazardous-materials plan addressing environmental protection and notification of the Township and fire companies.

  • Before conditional-use approval, applicants must provide written verification from the electric service provider that grid capacity and infrastructure are sufficient and that the project will not undermine capacity needed for normal projected growth.

  • Loading docks and truck-maneuvering areas must be at least 50 feet from public-road rights-of-way and nonresidential property lines and 300 feet from residential districts or uses.

  • Applicants must submit an emergency-response plan prepared by a qualified professional and accepted by the local fire company and Township emergency-management coordinator, including fire suppression, containment, ventilation, evacuation, emergency access, responder training, and annual fire-safety inspections.

  • Applicants must submit a traffic-impact study covering daily traffic and emergency-response access, and a construction traffic-control plan; construction traffic must use an arterial road and avoid collector or minor streets when possible.

  • A water-supply feasibility study is required. Public-water projects must provide a will-serve letter, while private-well projects require a licensed geologist or hydrogeologist's water-resources impact study, pumping and recovery tests, well and aquifer analyses, groundwater-budget calculations, and other specified investigations.

  • Private wells for data-center development require at least one test well for proposed withdrawals of 25,000 gallons per day or less and at least two test wells for withdrawals greater than 25,000 but less than 100,000 gallons per day; additional wells may be required by the Township.

  • New test wells must undergo at least eight continuous hours of pumping, recovery monitoring to 90% recovery, timed drawdown measurements, laboratory water testing, and analysis of aquifer characteristics and impacts on surrounding users.

  • The Board of Supervisors may approve on-lot nonresidential wells only if the study justifies their necessity, demonstrates adequate yield, and shows that adjacent groundwater supplies will not be harmed.

  • Data centers may not use private potable wells as the primary source of cooling makeup water.

  • New data centers and qualifying expansions must use closed-loop cooling for server racks and IT equipment; open evaporative cooling towers are prohibited unless the Board grants a conditional exemption based on clear and convincing engineering evidence that closed-loop technology is infeasible.

  • A conditional cooling exemption requires a written request submitted with the conditional-use application, detailed documentation from a licensed professional engineer, proposed alternative technologies, and compliance with the ordinance's water-use, noise, and environmental standards.

  • A preliminary sound study is required with the zoning application, an interim sound study is required before a building permit is issued, and an as-built sound study is required six months after the certificate of occupancy and before final escrow release.

  • Operational and testing noise must generally remain no more than 10 dB(A) above predevelopment ambient levels and may not exceed 55 dB(A) during the defined daytime period or 45 dB(A) during the defined nighttime period at the property line; violations must be remediated, and additional Township sound-study costs may be charged to the operator if a violation is confirmed.

  • Data centers must provide sound studies with frequency analysis and vibration-impact assessment, and backup power supplies must be enclosed by absorptive barriers or sound walls at least two feet higher than the power supply.

  • A vibration and electromagnetic study is required to show that ground vibration is not perceptible at property lines and electromagnetic waves do not extend beyond the property; baseline seismograph readings, FCC Part 15 or equivalent compliance certification, and a post-commissioning report are also required.

  • Wastewater disposal must be demonstrated and approved by the appropriate sewage, environmental, and regional sewer authorities; sewer-served projects must provide a will-serve letter and sufficient data for Township Act 537 planning.

  • At least 33% of lawn, open, nonwooded, or pervious space must use a combination of trees, non-turf-grass lawns, and meadow plantings, with each landscaped area containing all three elements.

  • Primary access must be from an arterial or collector street, with secondary egress and emergency access where applicable; access roads must be at least 26 feet wide, and at least one 26-foot-wide fire lane for aerial apparatus must meet specified marking, clearance, and building-distance requirements.

  • Security fencing, including appendages such as barbed wire, may not exceed 10 feet in height.

  • Woodland disturbance must be minimized, and no more than 50% of an existing qualifying tree mass, tree line, hedgerow, or group of qualifying trees may be removed.

  • Applicants must submit a decommissioning plan and financial assurance in the form of a bond, parent-company guarantee, or irrevocable letter of credit, excluding cash, for at least 100% of the estimated decommissioning cost net of salvage or recycling value.

  • Decommissioning-cost estimates and financial assurance must be updated every 10 years, with increased security required if costs rise; the Township may seek injunctive relief, reimbursement, and liens for costs exceeding the security.

  • Data-center owners must submit an annual operating compliance report by March 31 documenting water use, an updated water-supply feasibility study, updated groundwater-availability impacts, and applicable SRBC or DEP filings.

Benefits & exceptionsHide benefits & exceptions7
  • The amended use table allows Data Centers through conditional-use approval, rather than prohibiting them outright; the ordinance requires compliance with the specified procedures and standards.

  • Battery Energy Storage Systems are added as a conditional use in the BPC-O zoning district, creating a zoning pathway for those facilities.

  • The Data Center definition expressly includes co-location facilities, cloud-computing centers, enterprise data centers, crypto mining, high-intensity computer-only centers, and similar uses, allowing a broad range of data-center operations.

  • For sites adjoining nonresidential uses or zoning districts, the ordinance sets front, side, and rear setbacks of 75 feet, 50 feet, and 50 feet, respectively, unless a greater underlying zoning requirement applies; the 300-foot setback applies when adjoining residential uses or districts.

  • Existing vegetation or other site conditions may be approved as an alternative to the required berm and planting screen when the Board of Supervisors determines that they provide the same or greater screening, subject to permanent maintenance and a recorded restrictive covenant.

  • During a power outage, the maximum noise limits do not apply while Data Center or BESS equipment is operating; the exemption ends three hours after the outage ends.

  • Although closed-loop cooling is generally required for new Data Centers and qualifying expansions, the Board of Supervisors may grant a conditional exemption for open evaporative cooling when the applicant proves closed-loop technology is infeasible and satisfies the ordinance's engineering and permitting conditions.

Sources

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