Scott Township
Anti-Data Center Policies
Scott Township allows data centers only with conditional approval in industrial areas, on sites of at least 60 acres and separated from homes. Applicants must provide extensive studies and meet ongoing water, noise, and other operating rules.
current law · Scott TownshipAmends Scott Township’s 2003 zoning ordinance to regulate solar farms and data centers in the Industrial District as conditional uses, excluding them from other zoning districts, under Ordinance No. 04-2026-002, enacted April 21, 2026 and effective five days later.Scott Township Ordinance (2026)
What this means
The measure allows data centers, but only by conditional use in the Industrial District, with a 60-acre minimum and substantial separation from homes (60 acres and setback requirements). Applicants must also fund and prepare extensive studies and meet ongoing water, noise, and other operating rules, creating significant costs and hurdles (data center criteria).
People behind it
- Scott Township Board of Supervisors
Enacted and adopted the ordinance.
- Michael Giannetta
Chairman of Scott Township and signatory to the ordinance's enactment.
- Brian Brenzel
Scott Township Supervisor and signatory to the ordinance's enactment.
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- William Novak
Scott Township Supervisor and signatory to the ordinance's enactment.
- Secretary
Attested the ordinance for Scott Township.
- Richard A. Fanucci
Scott Township solicitor who approved the ordinance as to form.
Restrictions & requirementsHide restrictions & requirements32
Data centers are allowed only as conditional uses in the Industrial District (ID) Zone and are excluded from all other zoning districts.
A data center site must contain at least 60 acres, have at least 750 feet of lot width and depth, and have maximum lot coverage of 40%.
Buildings must be set back at least 300 feet from front, rear, and side lot lines, and at least 400 feet from any existing primary residential structure on an adjoining lot, with a separate requirement that data centers be at least 400 feet from any residential property line.
Principal and accessory buildings are limited to 70 feet in height, with rooflines limited to 100 feet unless a variance is granted; water towers are limited to 70 feet and power-generation facilities to 100 feet.
A data center requires conditional-use approval, including Township review and a public hearing, before it may be developed.
The developer must submit a master plan covering all parcels in the data center campus, and parcels may be added to or removed from the campus only with Township approval.
The master plan must identify proposed buildings, data center equipment, backup generation, power storage, energy-generation stations, substations, cooling systems, water and fuel systems, wastewater and waste-disposal facilities, infrastructure, preserved land, roads, emergency access, environmental features, buffers, landscaping, and setbacks.
Master-plan submissions must include professional surveys and studies, including a Pennsylvania-licensed boundary and topographic survey, wetland and waterway delineations, traffic information, an environmental impact statement, stormwater plans, and required conditional-use materials.
A pre-application meeting must occur at least 30 days before formal submission to the Township and Lackawanna County regional planning commissions.
The master-plan submission requires the Township's published fee plus a $20,000 escrow deposit for Township professional fees, replenished in $10,000 increments when depleted.
The site must have direct access to an arterial or collector street and maintain a second means of ingress and egress suitable for emergency access.
A woodland buffer at least 100 feet deep must be maintained along all exterior property boundaries; where existing woodland is insufficient, qualifying trees must be planted.
A campus must be enclosed by a 6- to 12-foot fence with a fire-department-accessible locking gate, without razor or barbed wire, and must maintain a 25-foot tree- and shrub-free area outside the perimeter fence.
Ancillary facilities, including offices, employee parking, and accessory structures, must be at least 100 feet from property lines and road rights-of-way.
Data center equipment may not be located between a building and the street it fronts unless approved during the conditional-use process, and it must be substantially separated from adjacent residential uses by the principal building it serves.
The applicant must submit a traffic or community-impact study documenting potential impacts and required mitigation measures.
The developer must provide a decommissioning agreement and bond; all data center buildings and equipment must be removed within six months after discontinued use at the owner's expense.
The applicant must submit a certified-hydrologist analysis of raw-water needs and a water-feasibility study addressing projected demand, nearby wells and streams, safe yield, water-quality impacts, recycling or discharge, and other specified groundwater effects.
Data centers must use closed-loop cooling, and well water may be used only for domestic purposes and fire protection, not for data center equipment cooling.
A water-quality baseline study is required before soil disturbance, followed by annual testing of 20% of identified wells until all wells are tested over five years; testing continues until data center equipment decommissioning is complete and accepted.
Projects withdrawing at least 100,000 gallons per day averaged over 30 days, or using at least 20,000 gallons per day of consumptive water over that period, must obtain applicable Lackawanna River Basin Commission or Delaware River Basin Commission review and approval.
Before construction, the applicant must provide an electric interconnection agreement demonstrating sufficient capacity, no reduction in service to existing Township users, disclosure of project-related rate or availability impacts, utility approval of power consumption, and any utility-required financial security.
Noise must not exceed 65 dB(A) at external property lines during weekday daytime hours or 55 dB(A) during weekday nighttime and weekend hours, and may not exceed 55 dB(A) at a property line adjoining a residential structure.
A preliminary professional sound study is required during conditional-use review, and an as-built sound study is required six months after the certificate of occupancy before final escrow release; Township-commissioned studies are charged to the developer or owner.
If an as-built sound study finds a violation, the zoning permit is rescinded until compliance is demonstrated, and continued failure to remedy the violation may result in permit revocation. During a power outage the noise limits are suspended, but compliance must be restored within three hours after power returns.
A pre-construction air-quality study by a Township-approved professional is required at the developer's expense, and the Township may require post-construction studies at the owner's or operator's expense.
The applicant must submit a preliminary radiological land survey covering the entire site, including perimeter points within 400 feet of residential or commercial activity, and the Township may require additional surveys at the applicant's or developer's expense.
An as-built radiological survey is required six months after the certificate of occupancy before final escrow release; a radiation violation rescinds the zoning permit until corrected, and failure to remediate may result in permit revocation.
Small modular reactors and all other nuclear reactors or nuclear generators are prohibited in a data center campus.
Township officials must be allowed access to campus buildings and grounds at least four times per year for inspections, emergency-management activities, and fire training, and the owner must provide the Township's fire departments with necessary firefighting equipment at the owner's expense.
Backup generators are limited to outages, natural disasters, similar emergency events, and regular reliability testing and exercising.
Violations may lead to injunctive relief, monetary fines set by Board resolution, permit-related enforcement actions, and recovery by the Township of attorneys' fees, costs, and expenses.
Benefits & exceptionsHide benefits & exceptions10
Data centers are authorized as a conditional use in the Industrial District, and the ordinance expressly includes server farms, cryptocurrency mining, blockchain transaction processing, and similar facilities within the data-center definition. Data Center as a Conditional Use
A data-center campus may include numerous supporting facilities as accessory uses, including power-generation plants, battery or other power-storage systems, substations, backup generators, cooling equipment, water and fuel systems, wastewater facilities, and related manufacturing operations. These uses may be approved through the conditional-use process. All Data Center accessory uses that are approved as part of the conditional use process
The ordinance allows a data-center campus to generate electricity for on-campus use or for sale to or by a utility, providing operational flexibility in meeting power needs. creates electricity to be used on the Campus, sold to or by a utility company
The development standards provide a defined framework for construction in the Industrial District: a 60-acre minimum lot, 300-foot front, rear, and side setbacks, maximum principal-building height of 70 feet, possible rooflines up to 100 feet by variance, and 40% maximum lot coverage. ID 60 Acres
The ordinance permits parcels separated by a public road or public-utility land to be treated as contiguous for area and land-mass calculations when commonly owned or developed as a unified development, which can facilitate campus-scale projects. deemed to be contiguous for the purpose of all area and land mass calculations
The master-plan process allows the proposed plan to be amended during land development to comply with federal, state, county, and municipal requirements, providing flexibility as the project is designed and reviewed. The proposed plan may be amended to comply with Federal, State, County, and Municipal laws
Applicants may request alternative sketch plans, and the developer may submit a preliminary plan with or without a prior Township recommendation on the master plan, creating procedural options during project review. The applicant may request to submit alternative sketch plans
The ordinance requires a pre-application meeting and provides for informal Township dialogue about conformity and possible plan modifications before formal review, allowing issues to be identified earlier in the approval process. It shall provide informal dialogue with the applicant
An electric interconnection agreement can establish that the required capacity is available and that the data center will receive service while maintaining existing service levels for Township residents and businesses, supporting project access to utility infrastructure. the necessary capacity is available
Noise limits do not apply during a power outage affecting all or part of a data-center building or campus; compliance must be restored within three hours after power returns. during a power outage
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