North Franklin Township
Anti-Data Center Policies
North Franklin Township’s enacted ordinance, described in conflicting terms as a measure that “would” apply, limits data centers to two zoning districts and imposes substantial siting and operating conditions, but does not ban them.
current law · North Franklin TownshipWould regulate data centers, server farms, and cryptocurrency mining as conditional uses limited to North Franklin Township’s Industrial and Planned Economic Development districts, addressing potential impacts on noise, water and electricity demand, public safety, and the Township’s rural character (ordinance).Pennsylvania North Franklin Township Data Center Ordinance (2026)
What this means
The measure would allow data centers only as conditional uses in two zoning districts and impose substantial requirements, including large setbacks, minimum lot sizes, utility-capacity proof, sound studies, water-conservation measures, and financial security for decommissioning. These conditions would make finding a suitable site and securing approval significantly harder, though they do not ban data centers outright.
People behind it
- North Franklin Township Board of Supervisors
Proposed, considered, and enacted the ordinance regulating cryptocurrency mining and data centers.
- Gary Sweat
Township solicitor who introduced and presented the proposed ordinances at the public hearing and administered the hearing process.
Restrictions & requirementsHide restrictions & requirements22
Data centers, including cryptocurrency-mining facilities and server farms, may operate only as a conditional use in the Industrial (I-1) and Planned Economic Development (PED) zoning districts.
A proposed data center must undergo the conditional-use approval process, including review at a public hearing before the Township.
The facility and all exterior equipment must be at least 500 feet from an existing residential building, unless the building owner provides written consent.
The facility and all exterior equipment must be at least 1,000 feet from a protected structure, including a hospital, school, cemetery, religious institution, or other public building.
The minimum lot size is five acres for a data center below 40 megawatts and 30 acres for a data center of 40 megawatts or more.
All equipment and machinery must be stored inside a completely enclosed building.
Office space may not exceed 10 percent of the total building area.
An applicant must provide proof from the applicable water and electric utilities that sufficient utility capacity is available.
A proposal must use the latest water-conservation technology, including closed-loop systems, to reduce demand on public water supplies.
Applicants must provide the project summary and site plan to local emergency services and cooperate, upon request, in developing an emergency-response plan.
Any gated emergency or secondary access route must have a Knox-box-type device specified by the fire department.
The applicant must provide proof of adequate liability insurance before construction begins and before the Township issues zoning or building permits.
Server, computer, and communications-equipment areas must provide parking at the greater of one space per 1,500 square feet of gross floor area or 1.5 spaces per employee during peak hours.
The applicant must submit a pre-construction sound study and, within 30 days after operation begins, a second sound study confirming compliance after system activation.
Data centers must comply with the Township's applicable performance standards and other general standards and requirements.
The Board of Supervisors may impose additional reasonable conditions during conditional-use review, including limits on generation capacity; more restrictive location, setback, buffer, wildlife-corridor, soil, and deforestation requirements; and requirements concerning construction hours, job fairs, public safety, and EMS training.
A decommissioning plan prepared by a professional engineer or contractor and approved by the Township Engineer must be submitted during land development and before execution of a Developer's Agreement.
The decommissioning plan must estimate the costs of removing the facility, foundations, underground lines, permanent roads, computers, batteries, electrical components, and other infrastructure, and restoring the site.
The decommissioning plan must be updated every three years and whenever ownership of the property or data center changes, with a revised plan also submitted for review five years after the building permit and every three years thereafter.
Before construction, the applicant must post financial security equal to 125 percent of the approved decommissioning cost, naming the Township as beneficiary; the security must be updated every three years and upon a transfer of ownership.
A data center may be deemed abandoned after 12 continuous months without generating and delivering commercial quantities of electricity to the utility grid, unless the cessation is caused by an event beyond the owner's or applicant's control and the facility is properly decommissioned.
Violations may result in civil penalties of up to $1,000 for building, housing, property-maintenance, health, fire, public-safety, water, air, and noise violations, or up to $600 for other Township Code violations, plus prosecution costs and authorized attorney fees.
Benefits & exceptionsHide benefits & exceptions6
Data centers are expressly allowed as a principal conditional use in the Industrial (I-1) and Planned Economic Development (PED) zoning districts, rather than being prohibited or left unclassified. Data Centers are a conditional use in the Industrial and Planned Economic Development zoning districts only
The definition of a data center includes supporting infrastructure and equipment, such as substations, switch stations, cooling systems, backup power, communications connections, fire suppression, and security, allowing these functions to be included within the permitted data-center use. A data center use also includes accessory and supporting public utilities
The 500-foot setback from an existing residential building can be waived when the building owner gives written consent, creating a potential path for a site that otherwise would not meet the setback. unless the owner of the building provides written consent
The ordinance establishes relatively defined minimum lot sizes—five acres for facilities under 40 MW and 30 acres for facilities of 40 MW or more—so an applicant can determine the minimum land area needed for development. Data Centers less than 40 MW
A data center may include office space up to 10% of the total building area, allowing on-site administrative or operational offices. Office space may be provided which shall not exceed 10%
The ordinance recognizes cooling systems, electrical substations, transformers, generators, fuel cells, telecommunications, and other mechanical systems as accessory data-center uses, allowing necessary operational infrastructure to support the facility. Systems, equipment, facilities, and/or components used in the cooling system
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