Borough of New Beaver
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 Borough of New Beaver.
pending · New Beaver BoroughWould regulate data centers and related accessory uses to promote community health, safety, and welfare, making them conditional uses in the Industrial Park Overlay District and subjecting projects to standards for siting, setbacks, screening, noise, vibration, lighting, energy, water, emergency response, and environmental impacts (proposed amendment).New Beaver Borough Ordinance No. XX of 2026 (proposed data center zoning amendment)
What this means
If enacted, the proposal would allow data centers only as conditional uses in the Industrial Park Overlay District and require 300-foot setbacks. It also demands extensive studies and plans for noise, water, power, and emergency response, creating major approval costs and delays, though it does not ban data centers outright.
People behind it
- D. Badger
Moved to advertise the current draft data center ordinance under the pending ordinance doctrine and previously moved to transmit the draft for County Planning review.
- R. Yost
Seconded the motion to advertise the current draft data center ordinance under the pending ordinance doctrine.
- New Beaver Borough Council
Legislative body responsible for adopting the zoning-amendment ordinance and directing its processing.
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- Attorney Alan Sable
Retained as special counsel to assist with the data center ordinance and related land-use matters.
Restrictions & requirementsHide restrictions & requirements48
Data centers and energy generation systems are allowed only as conditional uses in the Industrial Park Overlay District, requiring conditional-use approval before development.
Data centers are subject to a maximum building height of 80 feet, excluding roof equipment, with the combined building and roof-equipment height capped at 100 feet; accessory uses are capped at 80 feet.
Data center and accessory-use buildings, structures, and facilities generally must be set back at least 300 feet from property lines and public road rights-of-way, unless an approved, notarized, recorded waiver applies.
Data center and accessory-use facilities may not be located in a flood zone.
Data center lots may have no more than 50 percent impervious coverage.
Data centers and accessory uses may not be used for unrelated third-party offices, retail, or walk-in customer-service operations.
Energy generation systems serving a data center during normal operations are treated as separate principal uses and require separate conditional-use approval and compliance with the data-center dimensional standards.
Construction or operation of a nuclear energy generation facility within the unified data-center development is prohibited.
Battery Energy Storage Systems are allowed only as accessory uses to a lawfully established data center and may not operate as stand-alone or merchant energy-storage facilities.
Electrical substations must generally be screened with year-round opaque landscaping, a screen wall, or both, with screening at least eight feet high.
Electrical substations abutting a non-Industrial zoning district or a property containing a Sensitive Receptor must be set back at least 300 feet from the applicable property line.
Landscape buffer yards are required between data centers or accessory uses and adjoining residential or agricultural districts, Sensitive Receptors, and public roadways.
For data-center footprints under 250,000 square feet, buffers must generally be 100 feet along public street frontages and property lines abutting or within 500 feet of residential districts or Sensitive Receptors, and 50 feet elsewhere.
For data-center footprints of 250,000 square feet or more, buffers must generally be 300 feet along public street frontages and property lines abutting or within 500 feet of residential districts or Sensitive Receptors, and 50 feet elsewhere.
Required buffers must include specified native trees and shrubs, berms in specified locations, and plantings arranged to provide a complete visual screen at least 12 feet high within three years.
Cooling, ventilation, power-generation, and other operating equipment must generally be enclosed in buildings or acoustically rated enclosures; if enclosure is infeasible, the equipment must be fully screened by approved vegetation, buildings, berms, or solid fencing.
Data centers, accessory uses, and energy generation systems must meet maximum equivalent sound levels of 55 dBA and 65 dBC during the day and 45 dBA and 55 dBC at night, measured at or beyond the applicable property line.
At residential or Sensitive Receptor property lines, facility sound may not exceed the applicable numerical limits or increase preconstruction ambient sound by more than five dBA or five dBC, whichever is more restrictive.
Applicants must submit preconstruction, updated, postconstruction, and—when warranted—additional sound and vibration studies prepared by qualified professionals, including testing during specified operating, seasonal, load, and meteorological conditions.
Ground- or structure-borne vibration is limited to 72 VdB at residential or Sensitive Receptor property lines and 75 VdB at other property lines.
Routine testing and maintenance of emergency or backup generators must occur only from 9:00 a.m. to 3:00 p.m. Monday through Friday, excluding legal holidays, must meet the sound limits, and generally requires five business days' notice for simultaneous testing of multiple generators or testing lasting more than 30 minutes.
Violations of noise or vibration standards require interim mitigation, a corrective-action plan within 30 days, compliance testing, and potentially Borough-required monitoring at the owner's or operator's expense.
Outdoor lighting must use full-cutoff fixtures, meet a photometric plan, and be limited to 0.1 footcandles at residential uses and 0.5 initial footcandles at nonresidential properties.
LED lighting may not exceed a 3000K correlated color temperature, and nonessential exterior lighting must be extinguished after 11:00 p.m.; lighting remaining after that time must be reduced through controls such as dimming or motion sensors.
Projects must meet the current applicable LEED data-center standard or an equivalent efficiency standard approved by the Borough Engineer.
Conditional-use applications must document electric-service requests, projected demand and consumption, grid capacity, interconnection status, required system upgrades, reliability effects, upgrade costs, phasing, and energization schedules.
Applicants must submit a professional-engineer-certified Energy Usage Plan covering power demand, energy sources, storage, backup generation, cooling design, PUE, phasing, utility interconnection, renewable-energy efforts, and material changes.
A grid-connected data center with projected peak demand above 50 megawatts must obtain at least 10 percent of its electricity from new or incremental renewable generation within the PJM region through a power purchase agreement or similar arrangement, rather than relying solely on unbundled renewable-energy credits.
Applicants must demonstrate an adequate and reliable water supply for initial operation, each development phase, full buildout, cooling, fire protection, emergency conditions, and associated on-site generation.
If public water is used, the applicant must provide detailed provider documentation addressing average and peak demand, available capacity, required improvements, service conditions, and impacts on existing customers; a general willingness-to-serve letter is insufficient.
Private groundwater wells or direct surface-water withdrawals may not be the primary cooling source when public water is available, and proposed withdrawals require specific Borough and agency approval.
Applicants must generally use closed-loop cooling for data-center processing equipment unless they demonstrate that an alternative has equal or lower water consumption and environmental impacts while meeting operational requirements.
Applicants must submit a certified Water Feasibility and Conservation Plan establishing water-demand calculations, source safety and yield, effects on wells and surface waters, conservation measures, water-efficiency metrics, and maximum withdrawal and consumptive-use limits.
Before changes that may increase approved water use, the owner or operator must submit an updated water plan and obtain required approvals.
Applicants must analyze wastewater generation and disposal, including cooling-system discharge, blowdown, treatment residuals, and power-generation wastewater; untreated wastewater may not be discharged to stormwater systems, groundwater, or surface waters.
Public wastewater service requires detailed documentation of collection and treatment capacity, acceptance of the discharge, pretreatment and discharge limits, required improvements, and responsibility for improvement costs; a general willingness-to-serve letter is insufficient.
Private wastewater systems require a feasibility study demonstrating lawful capacity and no adverse effects on groundwater, surface waters, wells, adjoining properties, public health, or the environment.
Applicants must identify and obtain all applicable federal, state, regional, PADEP, water, wastewater, air-emissions, utility, and generation permits before regulated activities begin.
Battery storage requires compliance with applicable safety codes, including NFPA 855 and the International Fire Code, plus an emergency response plan addressing thermal runaway, fire, explosion, gas release, runoff, emergency shutdown, and responder training before operation.
Data centers must submit an emergency response plan for review by local emergency responders and the Lawrence County Department of Public Safety, update it at least annually and after material changes, and pay associated preparation, review, training, equipment, and inspection costs.
The facility must provide required emergency access, fire lanes, fire detection and suppression, monitoring, emergency isolation, gas detection where applicable, hazardous-material controls, and protection against vehicle impacts.
Data centers with a combined principal-building footprint exceeding 100,000 square feet must prepare an Environmental Impact Assessment addressing emissions, stormwater, traffic, noise, vibration, lighting, ecological resources, vegetation removal, generators, fuel storage, and mitigation.
A Principal Solar Energy System serving or associated with a data center must be located on a separate parcel from the data center and any other principal use.
All uses producing air, dust, smoke, glare, exhaust, heat, or humidity must operate so those impacts are not perceptible at or beyond the property line.
Conditional-use applicants must reimburse the Borough for reasonable review costs, including consultants, attorneys, engineers, and experts, and may be required to maintain an escrow account; an application is not complete and approval may not issue until required deposits and reimbursements are paid.
Data centers must submit a decommissioning plan for removal, demolition, remediation, restoration, and related activities, and the Borough may require financial assurances and other safeguards.
Violations can result in monetary penalties and temporary, preliminary, or permanent injunctive relief, including an order stopping all or part of data-center operations until compliance is demonstrated.
Owners, operators, constructors, maintainers, and removers of data centers and related facilities must indemnify, defend, and hold the Borough harmless for claims arising from construction, operation, maintenance, or removal.
Benefits & exceptionsHide benefits & exceptions15
Data centers are made a Conditional Use in the Industrial Park Overlay District, creating an approval pathway for development.
Data Center Accessory Uses may include offices, storage, security facilities, telecommunications infrastructure, backup generation, substations, batteries, utility connections, water facilities, wastewater facilities, cooling systems, and fire-suppression equipment, allowing many supporting facilities to be developed as part of a unified data-center project.
The ordinance allows a Data Center building to reach 80 feet, with roof equipment bringing the total height to 100 feet, subject to the stated limits.
The otherwise required 300-foot setback may be waived by adjacent nonparticipating property owners or Sensitive Receptors through a written, notarized, recorded waiver that satisfies the ordinance’s documentation requirements.
The ordinance permits up to 50% impervious coverage on a lot, subject to other site and environmental requirements.
Energy Generation Systems serving a data center are separately authorized as Conditional Uses in the Industrial Park Overlay District and receive the same dimensional standards and exceptions applicable to data centers.
Battery Energy Storage Systems are expressly allowed as accessory uses to lawfully established data centers for backup power, reliability, peak shaving, load management, and related operational support, although they may not operate as stand-alone merchant or utility-scale storage facilities.
Existing vegetation may substitute for required berms and plantings when the Borough determines that it provides substantially equivalent screening, potentially reducing new landscaping and earthwork.
Cooling, ventilation, generation, and other operating equipment generally must be enclosed, but the ordinance allows enclosure alternatives when the applicant demonstrates that enclosure would impair safe operation, cooling capacity, efficiency, warranty, or maintenance.
The numerical noise limits do not apply during an actual utility interruption requiring emergency or backup power operation; the exception lasts for the interruption and a reasonable restoration period. Routine testing remains subject to the limits and specified scheduling rules.
The Borough may grant local approval conditioned on receipt of required outside-agency permits when an outside agency requires local approval before issuing its permit, allowing the local approval process to proceed conditionally.
The renewable-energy requirement for grid-connected projects applies specifically to projects with projected peak demand over 50 megawatts; projects at or below that threshold are not subject to the ordinance’s separate 10% new-or-incremental PJM renewable-generation requirement.
An Environmental Impact Assessment is required only when the combined footprint of the principal data-center structures exceeds 100,000 square feet, so smaller projects avoid that additional submission.
The parking requirement allows compliance through either one space per 8,000 square feet of regularly employee-accessible floor area or one space per employee on the largest shift, providing an alternative method that may reduce required parking.
The ordinance states that it takes effect immediately upon adoption and that its provisions control over conflicting or inconsistent provisions of the existing Zoning Ordinance, providing immediate and controlling zoning rules for covered projects.
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