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The Data Center Divide

Borough of Shippingport

Anti-Data Center Policies

Shippingport allows data centers only with conditional approval in its I-2 industrial district, subject to extensive requirements, permanent buildings, and a ban on cargo containers.

current law · Borough of Shippingport
Shippingport Borough Ordinance 240 permits data centers and data mining as conditional uses in the I-2 General Industrial District, subject to specified conditions.Shippingport Borough Ordinance 240

What this means

The ordinance would allow data centers, but only through conditional-use approval in the I-2 industrial district, with extensive application, power, environmental, emergency-planning, screening, and noise requirements (conditional use and standards). It also requires permanent buildings and bars cargo containers, creating significant costs and hurdles rather than an outright ban (permanent buildings and no cargo containers).

People behind it

  • Proposed, considered, and enacted the zoning amendment establishing regulations for data mining and data centers.

  • Municipal legislative body responsible for enacting and administering Ordinance No. 240.

  • Approved Ordinance No. 240.

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  • Signed Ordinance No. 240 on behalf of the Borough Council.

  • Borough Secretary who issued the public hearing and ordinance-adoption notice.

Restrictions & requirementsHide restrictions & requirements34
  • Data mining and data centers are allowed only as a conditional use, requiring Borough approval before development or operation.

  • Facilities may be located only in the I-2 General Industrial District, despite the ordinance's reference elsewhere to the I-1 district.

  • Applicants must submit an application and pay a fee established by Borough resolution before developing a facility.

  • Applicants must describe their corporate structure, joint ventures, and related land leases and provide the landowner's signed consent to the operation, structures, and conditional-use application.

  • Applicants must notify the landowner and every person or entity in the applicable drilling production unit before applying for conditional use.

  • Applicants must demonstrate anticipated broadband requirements and show that the facility will not disrupt common broadband use.

  • Applicants must disclose their power source and anticipated hashrate and show that the facility will not disrupt common use of the power grid.

  • If grid power is used, the operator must coordinate anticipated power requirements with providers, provide projected carbon emissions and projected groundwater or public-water usage, and demonstrate efforts to avoid service disruptions and unplanned rate increases.

  • All operational waste must be handled by a DEP-licensed waste-recycling firm, with coordination of applicable state and federal permitting requirements.

  • Facilities must post warning signs on site fencing or boundaries identifying potential dangers and providing operator or emergency contact information.

  • Temporary and permanent lighting must be directed downward and inward where practicable to reduce glare on roads, nearby properties, buildings, and homes.

  • The primary access road or driveway must have a dustless, all-weather surface that prevents stormwater erosion or sedimentation, and access improvements must buffer neighboring properties from headlights and minimize traffic noise.

  • Conditional-use applications must include perspective and section drawings showing visual impacts from the road entrance and existing or potential residences within the viewshed, using viewpoints between six and twenty feet above existing grade.

  • Sites without at least 100 feet of existing woodland on the same parcel must provide either a triple row of coniferous trees planted on staggered 20-foot centers, with trees at least four feet high and planted within six months after grading, or opaque fencing at least eight feet high during active operations.

  • Applicants must agree to Borough inspections during construction and annually or in response to complaints, with as-built drawings certified by a registered engineer or surveyor if the development does not conform to the approved plan.

  • Applicants must provide 24-hour on-site supervision and security during initial site development until occupancy permits are issued and active operations begin.

  • The Borough may impose additional conditions addressing delivery routes, four-sided equipment buildings, sound and vibration attenuation, and buffer yards for sound and light.

  • Operations must comply with Borough nuisance and pollution standards for noise, sound, light, and air.

  • All data mining, data center, and server-farm activities, including ancillary cooling equipment, must occur in permanent buildings; temporary structures and cargo containers may not be used or stored on the operational land.

  • Permanent structures must comply with the applicable district's height, coverage, lot-size, building-size, and total-building limits.

  • Building facades may expose no more than 20 percent of their area to apparatus such as vents, fans, or HVAC systems; facades facing residential properties or districts may not expose such apparatus and must use specified residential or rural design features and earth-tone colors.

  • Activities producing air, noise, vibration, exhaust, heat, or humidity must not be perceptible at the property line or within 25 feet of any receiving building.

  • Facilities may not create electric or magnetic fields that adversely affect public health, safety, or welfare or interfere with off-site equipment, instruments, radio, telephone, or television reception.

  • Noise may not exceed the ordinance's maximum permissible levels, and violations can result in revocation of the Borough business license.

  • Applications must include anticipated noise calculations verified by a qualified professional, and the operator must pay for post-construction noise testing within 30 days after operations begin and whenever the Zoning Officer requires it.

  • Construction operations are limited to 7:00 a.m. through 7:00 p.m., except for routine maintenance.

  • Applications must provide 24-hour, 365-day contact information for responsible operators, update that information annually or when circumstances change, and submit an emergency response or emergency management plan.

  • Applicants must provide emergency responders with the emergency plan and pay for an on-site orientation, although no more than one orientation is required annually.

  • Applications must include site maps, equipment and structure locations, parking and traffic arrangements, transportation and delivery routes using the best and safest routes, and descriptions of energy supply and operating hours.

  • Before operations begin, applicants must satisfy applicable bonding and permitting requirements and may be required to enter a Borough roadway maintenance and repair agreement for affected roads.

  • Operators must keep Borough roads used by the project free of dirt, mud, and debris and promptly sweep or clean materials resulting from their use.

  • Applications must include environmental-impact information, erosion and sedimentation controls, stormwater-management plans, and copies of applicable state and federal permits or permit applications and their status.

  • The Borough has up to 30 business days after receiving an application and fee to determine completeness, and an application may be resubmitted if incomplete; the ordinance states that a completed application will be issued or denied within 60 days.

  • Each person or entity constructing, owning, operating, maintaining, or removing a facility must indemnify, defend, and hold the Borough harmless from specified personal-injury and property-damage claims and must provide an approved indemnification agreement before those activities begin.

Benefits & exceptionsHide benefits & exceptions5
  • Data mining and data centers are added as a conditional use under the industrial zoning provisions, creating a specific zoning pathway for approval rather than prohibiting these facilities. The ordinance also states that facilities may be located only in the I-2 General Industrial District, although the ordinance's introductory amendment language refers to I-1. Data Mining/Data Centers are listed as a conditional use.

  • The ordinance allows an applicant to seek conditional-use approval while required state or federal permits are still pending. The applicant may submit copies of the permit applications and their status instead of already-issued permits, which can allow the local approval process to begin earlier. If permits have not been issued the application may include the applications and their status.

  • A pre-application meeting with Borough Council is strongly encouraged, allowing an applicant to discuss the project and its visual impacts before filing and potentially identify issues early. A pre-application meeting is strongly encouraged.

  • Facilities surrounded by at least 100 feet of existing woodland on the same parcel are exempt from additional screening or buffering requirements, reducing development work and associated costs where that condition exists. surrounded by existing woodland to a minimum depth of one hundred (100) feet are exempt from further screening or buffering.

  • The ordinance expressly includes cryptocurrency mining within the definition of data mining, allowing cryptocurrency-mining facilities to use the same conditional-use framework as other data-mining operations. Includes the process of cryptocurrency mining.

Sources

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