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The Data Center Divide

North Whitehall Township

Anti-Data Center Policies

North Whitehall Township allows data centers only in its Mineral Extraction/Industrial district with conditional-use approval, noise limits, setbacks, and infrastructure requirements.

current law · North Whitehall Township
This ordinance amends North Whitehall Township’s zoning ordinance to regulate Data Centers, High Impact Data Centers, and Data Center Accessory Uses, allowing them by conditional use only in the Mineral Extraction/Industrial district.Pennsylvania North Whitehall Township Ordinance 2026-7 (2026)

What this means

The measure would make data center projects harder to approve and operate: they could be built only with conditional-use approval in the Mineral Extraction/Industrial district, and must meet noise limits, setbacks, and repeated sound-study requirements (conditional-use approval, sound studies). Applicants also must show adequate infrastructure capacity and disclose power and backup-generator details (infrastructure capacity). These are significant hurdles, but the measure does not ban data centers.

People behind it

  • Legislative body that proposed, enacted, and ordained the data center zoning amendment.

  • Moved to authorize advertisement of the proposed data center amendment.

  • Seconded authorization of the proposed amendment and seconded its adoption.

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  • Moved to adopt the data center ordinance amendment.

Restrictions & requirementsHide restrictions & requirements12
  • Data Centers, High Impact Data Centers, and Data Center Accessory Uses may be located only in the Mineral Extraction/Industrial (ME/I) zoning district and only through conditional-use approval. permitted by Conditional Use only

  • During conditional-use review, the applicant must identify any proposed end users and the specific purpose or function of the Data Center or accessory use, and prove compliance with all applicable zoning requirements. identified during the Conditional Use approval process

  • A High Impact Data Center is one with a full-build-out critical IT load of at least 50 MW; the threshold also applies cumulatively to affiliated or commonly owned Data Centers on contiguous parcels or within one mile. fifty megawatts (50 MWs) or greater

  • Data Centers and accessory uses must be at least 300 feet from property boundaries, 500 feet from any residential zoning-district boundary, and 500 feet from any parcel containing a Sensitive Receptor. set back at least three hundred feet (300')

  • During normal operations, no principal or accessory use may generate more than 60 dBA at any property line containing the use. sound level exceeding 60 dBA

  • Applicants must obtain a sound study from a qualified independent acoustical engineer, using specified ANSI and ISO standards, with baseline measurements and predictive modeling that accounts for all significant normal-operation noise sources and simultaneous operation of major equipment. sound study conducted by a qualified, independent acoustical engineer

  • Sound studies are required at multiple stages: a preliminary study for conditional-use review, an interim study during building-permit review unless the user and function remain unchanged from the preliminary study, and an as-built study six to nine months after the principal building's certificate of occupancy and before final escrow release for a land-development phase. An as-built sound study shall be conducted no sooner than six (6) months but not later than nine (9) months

  • If the as-built study finds a noise violation, the Township may issue a cease-and-desist order preventing occupancy or use until remediation brings noise into compliance. the Township may issue a cease and desist order

  • During conditional-use review, the applicant must provide an independent professional vibration study showing that normal operations will not produce vibration perceptible without instruments inside any dwelling. will not generate vibration that is perceptible

  • Unless the cooling system is closed-loop or otherwise does not require continuous groundwater withdrawal, the applicant, owner, or operator must annually submit an independent professional report identifying cooling-related water use and confirming the continued feasibility of withdrawing groundwater at that rate. provide to the Township on an annual basis a report

  • Applicants must disclose anticipated total and maximum electrical demand at full build-out, including IT load, cooling, and supporting infrastructure, and demonstrate through independent studies that sufficient infrastructure capacity exists without adverse impacts to public health, safety, or welfare. adequate infrastructure capacity exists

  • Applicants must disclose the number and combined capacity of backup generators, anticipated generator-testing hours, and total onsite fuel storage at full build-out; each fuel-storage area must be at least 500 feet from any property line. Total onsite fuel storage volume

Benefits & exceptionsHide benefits & exceptions2
  • Data centers and data center accessory uses are expressly allowed by conditional use in the Mineral Extraction/Industrial (ME/I) zoning district, subject to the ordinance’s conditional-use requirements. Data Centers and Data Center Accessory Uses are permitted by Conditional Use

  • The ordinance creates a High Impact Data Center category for facilities with a critical IT load of at least 50 megawatts, including affiliated facilities within one mile that collectively reach that threshold, and allows these uses by conditional use in the ME/I district. High Impact Data Center

Sources

current law · North Whitehall Township
This ordinance amended North Whitehall Township’s zoning ordinance to allow and regulate Data Center uses and Data Center Accessory Uses.Pennsylvania North Whitehall Township Ordinance 2026-2 (2026)

What this means

The measure would allow data centers only in the Mineral Extraction/Industrial district and require conditional-use approval, limiting where projects can be built. Large setbacks, a 60 dBA noise limit, and studies showing adequate infrastructure add substantial hurdles, though they do not amount to a ban.

People behind it

  • Legislative body that enacted Ordinance 2026-2 and Ordinance 2026-7 amending the Township zoning ordinance.

  • Moved adoption of Ordinance 2026-2 and signed it as a Township Supervisor.

  • Seconded adoption of Ordinance 2026-2, seconded adoption of Ordinance 2026-7, and signed the ordinances as a Township Supervisor.

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  • Signed Ordinance 2026-2 as a Township Supervisor and moved adoption of Ordinance 2026-7.

Restrictions & requirementsHide restrictions & requirements28
  • Data Centers, High Impact Data Centers, and Data Center Accessory Uses may be approved only by conditional use in the Mineral Extraction/Industrial (ME/I) zoning district; the prior authorization in the Light Industrial/Business district is removed.

  • The conditional-use applicant must identify the proposed end user or users, if any, and the specific purpose or function of the Data Center or accessory use, and must prove compliance with all zoning requirements and conditional-use criteria.

  • A High Impact Data Center is defined as a facility with a critical IT load of at least 50 megawatts at full build-out, including affiliated or commonly owned facilities on contiguous parcels or within one mile that collectively reach that threshold.

  • Data Centers and accessory uses must be at least 300 feet from any property boundary, with a minimum setback of 500 feet from any residential zoning district or any parcel containing a Sensitive Receptor.

  • A landscape buffer at least 25 feet wide is required between the facility and adjoining residential zoning districts, parcels containing Sensitive Receptors, or public roadways, with specified minimum numbers, sizes, and types of native trees and shrubs.

  • Cooling, ventilation, power-generation, and other operating equipment within 300 feet of a public roadway, residential zoning district, or parcel containing a Sensitive Receptor must be fully enclosed or screened by approved vegetation, buildings, berms, or solid fencing or walls, unless enclosure is not mechanically feasible.

  • Property fencing is restricted: fencing along public or private roadways may not be chain-link, with or without slatted inserts, and may not use barbed wire or similar visibly intrusive deterrence devices unless the fencing is fully screened.

  • Data Center Accessory Uses are subject to a maximum height of 50 feet, including roof-mounted equipment, and may not exceed the height of the principal Data Center building.

  • During normal operations, no principal or accessory use may generate more than 60 dBA at any property line containing the use.

  • Applicants must submit a sound study by a qualified independent acoustical engineer using specified ANSI and ISO standards, including baseline ambient measurements and predictive modeling of significant noise sources and simultaneous major-equipment operation.

  • Sound studies are required at preliminary conditional-use, interim building-permit, and as-built stages, unless the identified user and function remain unchanged so that the interim study is unnecessary; the as-built study must occur six to nine months after the principal building's certificate of occupancy and before final escrow release.

  • If the as-built study shows a noise violation, the Township may issue a cease-and-desist order preventing occupancy or use until remediation brings the facility into compliance.

  • The applicant must provide a vibration study showing that normal operations will not produce vibration perceptible to a person of average sensibilities without instruments within any dwelling under the referenced ordinance standard.

  • If public water is proposed, the applicant must provide certification that the public authority has sufficient capacity and will serve the facility, and must submit a water feasibility study addressing demand, source, uses, safe yield, recycling or discharge, nearby geology, wells, surface waters, and potential effects on nearby water resources.

  • Projects withdrawing at least 100,000 gallons per day over a 30-day average from sources in the Delaware River Basin, or using at least 20,000 gallons per day consumptively over a 30-day average, must obtain Delaware River Basin Commission review and approval.

  • The applicant must demonstrate that domestic, cooling, and industrial wastewater disposal has been provided and approved by the Township Sewage Enforcement Officer or the Pennsylvania Department of Environmental Protection.

  • Unless the facility uses closed-loop or similar cooling that does not continuously withdraw groundwater, the owner or operator must annually provide a report from a qualified independent professional identifying cooling-system water use and confirming the continued feasibility of groundwater withdrawal at that rate.

  • A facility proposing connection to the electric grid must provide the electric service provider's certification that sufficient capacity exists and that service will be provided, including disclosure of known project effects on electric rates or availability for other uses.

  • Energy-generation systems intended to supply the Data Center during normal operations are not treated as accessory Data Center uses; they are separate uses requiring approval under the zoning rules applicable to those systems.

  • Battery or other energy-storage systems must comply with NFPA 855 or similar standards and include fire-suppression systems specifically designed for battery storage.

  • A Data Center cannot be approved unless the applicant demonstrates that fire suppression, containment, ventilation, and evacuation procedures adequately protect public health, safety, and welfare.

  • Applicants must submit an Emergency Response Plan prepared by a qualified professional, accepted by the Township Fire Code Administrator, covering emergency procedures, site access and hydrants, first-responder training, and annual professional fire-safety inspections.

  • The operator must coordinate with the Township and Lehigh County to provide adequate emergency-radio coverage inside the building and install enhancement systems when necessary.

  • The operator must maintain visible emergency-contact signage at the main access point listing the operator, a 24/7 emergency contact, and the electric service provider.

  • Data Centers must provide parking equal to the lesser of one space per 8,000 square feet of floor area regularly accessed by employees or one space per employee during the largest shift.

  • Applicants must disclose total anticipated and maximum designed electrical demand at full build-out, including IT load, cooling, and supporting infrastructure, and must demonstrate through independent professional studies that adequate infrastructure capacity exists without adverse impacts on public health, safety, or welfare.

  • Applicants must disclose the full-build-out number of backup generators, combined standby-generation capacity, anticipated generator-testing hours, and total on-site fuel storage.

  • Fuel-storage areas must be located at least 500 feet from every property line.

Benefits & exceptionsHide benefits & exceptions8
  • Data centers, high-impact data centers, and data center accessory uses are authorized as conditional uses in the Mineral Extraction/Industrial (ME/I) zoning district, providing an expressly established approval pathway. permitted by Conditional Use only in the Mineral Extraction/Industrial (ME/I) zoning district

  • The definition of data center accessory uses expressly allows numerous supporting facilities on the same tract or unified adjacent-parcel development, including substations, utility lines, cooling and wastewater facilities, water storage, pump stations, generators for temporary backup power, and security and environmental-control structures. Ancillary uses or structures secondary and incidental to a Data Center use

  • At conditional-use approval, the applicant need identify proposed end users only if there are any, allowing approval without an identified end user. the proposed end user(s), if any

  • An interim sound study is not required during building-permit review when the user and specific function were already identified in the preliminary study and remain unchanged, eliminating one additional review step in that circumstance. the applicant shall not be required to conduct an interim sound study

  • The parking requirement is limited to the lesser of one space per 8,000 square feet of employee-accessed floor area or one space per employee on the largest shift, which can reduce required parking. provide the lesser of

  • The 60 dBA noise limit does not apply during power outages, although emergency-generation sound levels must still be evaluated in the sound studies. Maximum decibel levels specified herein shall not apply during times of power outage

  • If a closed-loop cooling system or a similar system that does not continuously withdraw groundwater is used, the annual report on cooling-system water use and continued groundwater-withdrawal feasibility is not required. Unless a closed-loop water cooling system

  • Energy-generation systems supplying a data center during normal operations are treated as separate uses rather than as part of the data center use, allowing them to proceed under the zoning rules applicable to those separate systems. shall not be considered part of the Data Center use

Sources

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