Newtown Township
Anti-Data Center Policies
Newtown Township has enacted rules allowing data centers as conditional uses in its I Light Industrial District, with setbacks, impact studies, and cooling and electricity limits that may make approval and operation harder but do not ban them.
current law · Newtown TownshipWould amend Newtown Township’s zoning ordinance to define data centers and related accessory uses and allow them as a conditional use in the I Light Industrial District, subject to Board of Supervisors approval and specific standards (proposed zoning-text amendment).Pennsylvania Newtown Township O-2026-04 (2026)
What this means
The measure would allow data centers as a conditional use in the I Light Industrial District, but it adds substantial hurdles, including large setbacks, detailed impact studies, and limits on cooling and electricity use (conditional-use standards). These requirements would likely make projects more costly and difficult to approve and operate, though they do not ban data centers outright.
People behind it
- Newtown Township
Petitioner and proposing municipality for the data center zoning text amendment.
- Board of Supervisors of the Township of Newtown
Municipal legislative body that proposed and enacted the ordinance.
- Leonard B. Altieri, III
Chairman of the Board of Supervisors and signatory for the ordinance's enactment.
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- Stephen M. Nease
Township Manager/Secretary who attested to the ordinance.
Restrictions & requirementsHide restrictions & requirements51
Data centers are allowed only as a conditional use in the I Light Industrial District and require approval by the Board of Supervisors.
Data centers may not exceed 35 feet in height, except that up to 10 additional feet is allowed for roof-mounted cooling and ventilation equipment.
Data Center Accessory Uses may not exceed the height of the principal data center building, excluding roof-mounted equipment.
Data centers and accessory uses must be at least 300 feet from residential uses, residential zoning districts, or the property line of a Sensitive Receptor.
Data centers and accessory uses must be at least 150 feet from other adjoining nonresidential property lines and road rights-of-way.
A landscape buffer at least 50 feet wide is required next to residential zoning districts, Sensitive Receptors, and public roadways; the buffer cannot contain structures, dumpsters, storage, signs, loading areas, or parking.
Required landscape buffers must contain specified quantities and minimum sizes of evergreen trees, canopy trees, ornamental trees, and shrubs, use varied native species, and be maintained permanently.
Dead, removed, diseased, or severely damaged buffer plantings must be replaced on a one-for-one basis within a maximum of 150 days, subject to growing-season considerations.
Fencing along public or private roadways may not be chain-link, may not use barbed wire or similarly intrusive deterrence devices, unless the fencing is fully screened from view.
Cooling, ventilation, operating, and backup-generation equipment within 150 feet of a public roadway, residential use or district, or Sensitive Receptor must be fully enclosed or fully screened if enclosure is not mechanically feasible.
A conditional-use application must include an environmental impact study addressing impervious coverage, stormwater controls and quality, water and sewer impacts, energy consumption, backup-power facilities, emissions, and noise.
The Township may require a supplemental environmental impact study with a land-development or building-permit application.
A parking-needs analysis must accompany the conditional-use application, and the Township may require a supplemental parking study before final parking-plan approval.
A data center may not be approved without a water-feasibility study demonstrating adequate water supply and showing that withdrawals and discharges will not harm nearby groundwater or surface waters.
The water-feasibility study must document projected average and peak water use, water sources, uses such as cooling and fire suppression, recycling or discharge methods and temperatures, nearby wells and sewage systems, surface waters, habitats, and the preparer's qualifications.
Open-loop and evaporative chilling systems are prohibited; cooling must use a closed-loop or similar closed or sealed system that recirculates water or cooling fluid.
Use of a closed-loop cooling system is subject to an agreement with the Township, Municipal Authority, or public sewer provider governing safe discharge or pretreatment of cooling water or fluid.
A data center may not adversely affect water rights, water availability, water service, flow, or pressure for residences, farms, or businesses within two miles of the site.
A data center may not adversely affect sanitary sewer service, flow, or the ability of nearby residences, farms, or businesses within two miles to discharge to public systems.
A data center may not adversely affect electrical service for general public use, and the applicant must provide a utility will-serve letter with the conditional-use application.
Applicants connecting to the electric grid must provide documentation that the necessary capacity is available and that the electric provider will serve the facility, including disclosure of known project-related impacts on electric rates or availability.
During a power-grid emergency, the facility must reduce electrical draw to no more than 10 percent of normal operational capacity and enter into an agreement with the Township governing that reduction.
A full sound study is required for all operations, including emergency backup-power operation, with measurements and a color-coded sound-intensity map covering properties within 1,000 feet of the site boundaries.
Data center operations may not produce excessive noise that would be a nuisance to a reasonable person at or beyond the property line and must comply with Chapter 106.
All data center and accessory structures must incorporate sound-dampening materials or equipment, with the proposed design submitted for Township review and approval.
A data center operator is presumed responsible for adverse impacts to water or electrical supplies occurring within 60 months after the facility enters full production, unless the operator proves otherwise.
If the Board of Supervisors determines that a data center caused an adverse water or electrical impact, the operator must correct it at no cost to affected property owners.
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, hazardous materials, and major facility systems.
The Emergency Response Plan must provide for annual fire-safety inspections and must be resubmitted every five years or sooner after a material change; failure to submit it is a zoning violation.
Battery storage and other energy-storage systems must comply with NFPA 855 or similar standards and include fire-suppression systems specifically designed for battery storage.
Data centers must post 24-hour emergency-contact signage at the entrance identifying the company, owner or representative, and local power company and telephone numbers.
Façades facing roads, residential or apartment districts, or existing residences must incorporate at least two specified design changes every 150 horizontal feet.
Parking must be provided at the lesser of one space per 8,000 square feet of regularly employee-accessible floor area or one space per employee on the largest shift.
Data center electrical substations must have year-round opaque landscaping or an at least eight-foot screen wall.
On-site substations must be located to the side or rear of the principal building, screened from public view, and outside required front yards.
New or enhanced electric lines must be underground where technically possible, and on-site lines of 34.5 kV or less must be buried.
Data center electrical substations must be set back 200 feet from adjoining property lines and roadways, and 500 feet from residential structures outside the project parcel.
On-site or behind-the-meter generators must meet environmental, safety, and utility-interconnection standards and use Tier 4 or higher generators operating at the lowest dBA levels.
All data center building roofs must be designed and constructed to be solar-ready.
Applicants must submit a Solar Energy Plan showing projected annual electricity consumption, proposed solar systems and capacity, expected generation, and a schedule requiring installation no later than 12 months after the certificate of occupancy.
Any energy-generation system supplying the data center during normal operations is treated as a separate zoning use and must be approved under the regulations applicable to that use.
Before building or zoning approval, the applicant must provide required EPA air-quality permits or documentation that emissions are below Clean Air Act permitting thresholds.
Before building or zoning approval, the applicant must provide required Pennsylvania DEP air-quality permits or documentation that emissions are below applicable Air Pollution Control Act thresholds.
A Local Impact and Mitigation Report is required, addressing operations, safety systems, traffic, noise, lighting, emergency response, agency approvals, and other local impacts.
Applicants must demonstrate that the use will avoid, minimize, or reasonably mitigate emergency-response, public-safety, traffic, noise, lighting, air-quality, and similar local impacts.
The Board of Supervisors may impose mitigation measures such as site or operational changes, traffic improvements, noise or lighting controls, emergency-access improvements, responder training or equipment, and monitoring or reporting.
The owner or operator must submit an updated Local Impact and Mitigation Report every five years after operations begin.
A Decommissioning Plan is required, covering safe shutdown, equipment removal, recycling or disposal, and site restoration if the structures are not reasonably reusable.
Permanent closure must be reported, decommissioning must begin within one year of cessation or abandonment, and it generally must be completed within 18 months after commencement; limited extensions may be granted.
Decommissioning must remove electronic equipment, lawfully dispose of hazardous materials such as batteries, fuel, and refrigerants, safely disconnect and cap utilities, and reasonably grade and stabilize the site when restoration is required.
Violations are subject to zoning enforcement, with each day of a continuing violation treated as a separate violation and permits or approvals potentially suspended, revoked, withheld, or conditioned.
Benefits & exceptionsHide benefits & exceptions11
Data centers are added as a conditional use in the I Light Industrial District, creating an approval pathway for development in that district, subject to Board of Supervisors approval and the ordinance’s standards.
Data Center Accessory Uses may include administrative, logistical, fiber-optic, storage, security, generator, substation, utility-line, cooling-water, wastewater, pumping, fire-suppression, and related facilities, allowing substantial supporting infrastructure to be developed with a data center.
Accessory renewable energy systems including battery storage or on-site solar generation are permitted, provided they serve the data center.
A data center may be up to 35 feet high, plus up to 10 additional feet for roof-mounted equipment, accommodating cooling, ventilation, HVAC, and similar equipment.
Existing topography or vegetation may constitute all or part of the required buffer yard, if it adequately meets the buffer’s intended purpose, potentially reducing new landscaping and site work.
Equipment that cannot be fully enclosed because of manufacturer specifications may instead be screened, using landscaping, existing vegetation, buildings, berms, or solid screens.
Parking is required at the lesser of one space per 8,000 square feet or one space per employee, based on the largest shift, which can reduce required parking for facilities with relatively few employees.
On-site or behind-the-meter generation using natural gas, renewable fuels, or other clean sources is permissible, subject to environmental, safety, and utility-interconnection standards.
Energy-generation systems supplying a data center during normal operations are treated as a separate use, rather than as part of the data center use itself, allowing such systems to be evaluated under the zoning rules applicable to that separate use.
During a power-grid emergency, the facility must reduce electrical draw to no more than 10% of normal operational capacity, allowing continued reduced-level operation rather than requiring a complete shutdown, subject to an agreement with the Township.
All building roofs must be solar ready, facilitating later installation of roof-mounted solar systems.
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