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The Data Center Divide

South Beaver Township

Anti-Data Center Policies

Pennsylvania requires data centers over 25 MW to obtain local approvals, secure power for their full demand, cover project-related grid costs, and meet added community, jobs, environmental, and reporting obligations. These rules may raise costs and delay or prevent covered projects, but do not ban them.

Rating and summary from Pennsylvania statewide as there are no scored current or future laws outside temporary restrictions for South Beaver Township.

pending · South Beaver Township
South Beaver Township has an adopted ordinance listing data centers as a permitted-by-right use in the I Industrial District.South Beaver Township data center zoning ordinance

What this means

The data-center-specific proposal would require conditional-use approval, large sites, wide separation from homes and sensitive places, and detailed plans for utilities, noise, emergencies, and shutdown. Although another source says server farms can be allowed by right in industrial zones, these specific conditions would make development substantially harder.

People behind it

  • Governing body responsible for proposing, considering, enacting, amending, and administering township ordinances and other measures.

  • Planning agency responsible for reviewing proposed zoning amendments and developments and providing recommendations.

  • Official responsible for administering and enforcing the zoning ordinance and issuing zoning-related permits and certificates.

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  • Administrative official responsible for receiving and filing ordinance and development-approval materials, maintaining records, and providing official notices and decisions.

  • Board responsible for hearing appeals, variances, special exceptions, and challenges concerning administration of the zoning ordinance.

  • Proposed multiple measures through motions and seconded or proposed additional township measures, including budget, bond-release, and agenda actions.

  • Seconded Thomas Miller's motions and thereby acted as a co-sponsor of those measures.

  • Responsible for completing the draft data center zoning ordinance for the Board's review.

  • Proposed multiple measures through motions, including approval of minutes and bills, adoption of the 2026 budget, bond release, and fire-tax funding.

  • Proposed the annual 2026 fire-department pay-per-call funding request and seconded the motion approving it.

  • Requested payment from Act 13 funds, proposed a police-applicant vacation-benefit change, and requested conditional hiring of a police candidate.

  • Was designated to prepare the memorandum of understanding implementing the proposed police vacation benefit.

Restrictions & requirementsHide restrictions & requirements45
  • Data centers require conditional-use zoning review and approval, including a written application, site or development plan, compliance statement, owner list for properties within 200 feet, application fee, Planning Commission review or expiration of its review period, and a public hearing before the Board of Supervisors. One source instead states that server farms are permitted by right in the Industrial district, creating an apparent inconsistency. Conditional-use application requirements

  • The Board of Supervisors may impose additional reasonable conditions and safeguards on a conditional use, and generally must decide the application within 45 days after the last hearing. Conditional-use conditions

  • Conditional-use approval expires if a grading permit, building permit, or zoning certificate is not submitted within 12 months, although a written extension of up to another 12 months may be granted. Conditional-use expiration

  • If data centers are treated as an unlisted use, they may be allowed only as a conditional use after the applicant demonstrates that impacts are no greater than those of a listed use, that the use will not create hazards or nuisances, that it conforms to the Comprehensive Plan, and that it meets comparable-use standards. Unlisted uses

  • Construction, alteration, enlargement, relocation, or a change in use must comply with the applicable zoning district and obtain all required permits, licenses, and approvals before proceeding. A building or zoning permit and, when applicable, a Construction Code Permit are required before construction or alteration. Construction and permit requirements

  • A certificate of occupancy is required before occupancy or use, and a new occupancy determination is required when occupants or the use of a nonresidential building changes. Building or zoning permits expire if the development or use is not completed within three years. Permit expiration

  • A data center must take access from an arterial or collector road and provide secondary access suitable for emergency response. Data-center access

  • Highly trafficked road sections serving a data center must be screened as determined by the Township. Road screening

  • The entire data-center site must have at least an eight-foot fence with a self-latching or security-controlled gate; barbed and razor wire are prohibited. Fencing

  • All applicable federal, state, county, and local permits and approvals must be obtained before the data center operates. Operating approvals

  • On-site transmission and plumbing lines must be installed underground to the extent feasible. Underground lines

  • Lighting must be directed away from adjacent properties and may not exceed 0.1 foot-candle at an adjacent lot line adjoining residential use; the Board may impose additional lighting controls. Lighting limits

  • Data-center buildings and freestanding accessory uses may not exceed 55 feet in height, with principal-building height measured inclusive of rooftop appurtenances and rooftop accessory uses. Data-center height limit

  • Principal-building facades must include specified architectural articulation across at least 60 percent of the facade, each building must have an articulated entrance, and facade elevations or renderings visible from off site must accompany the application. Facade requirements

  • A data center must occupy a lot of at least 50 acres. Minimum lot area

  • Data-center principal buildings, accessory uses, and truck-idling areas must be set back at least 250 feet from property lines, except for utility lines, fiber-optic lines, and security stations. Setbacks

  • A data center must be at least 1,000 feet from residential uses, residential zoning districts, and other sensitive receptors. Separation distance

  • Roof-mounted equipment must be set back from the parapet by at least the same distance as the equipment's height above the roof. Rooftop-equipment setback

  • Building coverage is limited to 40 percent and impervious coverage to 50 percent, unless the underlying zoning district imposes a different applicable limit. Coverage limits

  • Projects must be designed and constructed to meet the current USGBC LEED BD+C Data Centers rating system or an equivalent standard approved by the municipal engineer. Sustainability standard

  • Applicants must submit a professional-engineer-certified Energy Usage Plan covering electricity demand, energy sources, storage, backup power, renewable-energy efforts, grid interconnection, and monitoring and reporting. Energy Usage Plan

  • The Energy Usage Plan must address measures including covering 50 to 80 percent of unused roof space with solar arrays, exploring battery storage for 50 to 100 percent of backup-energy needs, limiting generator testing to 11:00 a.m. through 3:00 p.m., supporting regional renewable generation, and reporting energy-efficiency and emissions data. Energy measures

  • A grid-connected data center whose Energy Usage Plan shows demand over 50 megawatts must procure at least 30 percent of its power from qualifying renewable generation produced within the region through a power-purchase agreement or similar mechanism; renewable-energy credits alone do not satisfy the requirement. Renewable-power requirement

  • Energy-generation systems supplying a data center during normal operations are treated as a separate principal use and require separate compliance and approval under applicable municipal, state, federal, and utility regulations. Separate energy-generation use

  • A proposed substation abutting a non-industrial zoning boundary or property with a sensitive receptor must be set back at least 800 feet from the property line; substations visible from an arterial road also require opaque landscaping and screening walls. Substation restrictions

  • Cooling may not use private groundwater wells or direct withdrawals from surface waters. A closed-loop cooling system is required unless the applicant demonstrates that an alternative uses less water and energy. Cooling-water restrictions

  • Before approval, applicants must provide certified public-water capacity documentation, a detailed water-feasibility study, required state and regional permits, and a drought-response plan. Water documentation

  • Wastewater must be conveyed to and treated at a public treatment facility. The applicant must analyze projected wastewater, including HVAC discharges, and provide certified documentation that the public authority and PADEP can support the required conveyance and treatment. Wastewater requirements

  • A pre-construction noise and vibration study prepared by an acoustical engineer is required, followed by quarterly post-construction noise studies submitted to the Board after the first certificate of occupancy. Measurements must be taken at property lines using full-spectrum modeling. Noise studies

  • Data-center sound levels at property lines may not exceed 40 dB(A) and 50 dB(C) from 7:00 p.m. to 7:00 a.m., or 55 dB(A) and 60 dB(C) from 7:00 a.m. to 7:00 p.m.; where baseline noise is higher, operations may not materially increase that baseline. Data-center noise limits

  • An Emergency Response Plan acceptable to the local fire department and emergency-management services is required. It must address fire suppression, containment, ventilation, and evacuation, provide first-responder training at the applicant's expense, and provide for annual fire-safety inspections. Emergency Response Plan

  • Facilities with battery or other energy storage must demonstrate compliance with NFPA 855 or a similar standard and install fire-suppression systems designed for battery storage; approval is barred unless emergency procedures adequately protect public health, safety, and welfare. Battery-storage safety

  • An Electronic Waste Plan is required for safe removal, recycling, and disposal of servers, hazardous materials, batteries, and related waste when equipment is updated or decommissioned; the Township may require supplemental or amended reports. Electronic Waste Plan

  • A Decommissioning Plan is required. Decommissioning must begin within one year after cessation or abandonment and generally be completed within 18 months thereafter, with the facility removed and the site restored under specified standards. Decommissioning

  • The owner or operator must report cessation or discontinuation to the Township Secretary within 48 hours. If the Township independently identifies abandonment, it may require decommissioning to be completed within six months of notice. Cessation reporting

  • Before construction, the owner or operator must post and maintain decommissioning financial security equal to estimated net decommissioning costs plus 10 percent. Estimates must be submitted after the first operating year and every fifth year thereafter. Decommissioning security

  • The parking requirement for a data center is one space per employee on the peak shift plus three spaces for visiting technicians. Data-center parking

  • Buildings over 6,000 square feet require at least one off-street loading space, with additional berths at larger floor-area thresholds; each berth must be at least 14 feet wide, 55 feet long, and 14 feet high. Loading requirements

  • Projects must comply with district-specific lot-area, lot-width, setback, height, lot-coverage, and related dimensional limits. Listed maximum building heights range from 35 feet in some districts to 100 feet in the Industrial district. District dimensional limits

  • Airport overlay districts impose additional height restrictions. Development over 35 feet in a nonindustrial district or 55 feet in an industrial district requires an Airport Overlay District Permit, which becomes effective only after Pennsylvania Department of Transportation review. Airport overlay permit

  • Floodplains, ponds, watercourses, and wetlands generally must remain permanent open space; development or regrading is limited on steep slopes, forest clearing is limited, developments of one acre or more require an erosion and sedimentation plan, and stormwater permits are required before grading. Environmental and stormwater limits

  • Nonresidential development must provide landscaping, including at least one deciduous tree for each 750 square feet of building footprint, and required bufferyards may be 10, 25, or 35 feet wide depending on the adjoining use and district. Landscaping and bufferyards

  • If pursued as a Planned Non-Residential Development, the project must be in the Industrial or Retail and Commercial districts, cover at least 10 contiguous acres, preserve at least 10 percent of net site area as common open space, provide at least two principal access points, and post financial security equal to 110 percent of estimated construction and engineering costs for each development stage. PNRD requirements

  • A nonconforming data-center use or structure may not be enlarged in a way that increases its nonconformity. Expansion is generally limited to no more than 50 percent of the original ground coverage or structure size, and nonagricultural expansions require special-exception approval. Nonconforming expansion

  • All uses must comply with performance standards limiting noise, glare, vibration, dust, fumes, vapors, gases, discharges, heat, air movement, waste storage, and waste disposal. General boundary noise limits vary by adjacent use, including 60 dB(A) next to residential uses and higher daytime and nighttime limits for commercial and industrial uses. General performance standards

Benefits & exceptionsHide benefits & exceptions20
  • Server farms are permitted by right in the Industrial zoning district under one ordinance text, using the same land-development permitting process as other commercial or industrial developments and subject to applicable setbacks and height limits.

  • Another ordinance text expressly classifies data centers/server farms as a conditional use, allowing them to apply through the Township's conditional-use process rather than being treated as an unlisted use.

  • The data-center use expressly includes cryptocurrency mining, blockchain transaction processing, artificial-intelligence training, and server farms.

  • Conditional-use hearings for data centers must begin within 60 days after an administratively complete application, and the Board of Supervisors must decide within 45 days after the last hearing. Failure to meet applicable deadlines can result in deemed approval unless the applicant agrees to an extension.

  • A conditional-use approval generally remains effective for 12 months before expiring if the applicant has not submitted a grading permit, building permit, or zoning certificate, and the Township may grant one additional extension of up to 12 months upon a timely written request.

  • Planned Non-Residential Developments are allowed in the Industrial and Retail & Commercial districts on tracts of at least 10 contiguous acres held under single ownership through final approval. The process allows flexibility in mixed uses, lot design, building arrangement, and development patterns.

  • PNRDs expressly allow flex space, research and development, pilot manufacturing, wholesale warehousing and distribution centers, offices, medical uses, hotels, and restaurants, as well as other uses deemed appropriate by the Planning Commission.

  • For a PNRD that complies with tentative approval and the ordinance, the Board of Supervisors must grant final approval within 45 days without another public hearing. The approved plan may provide for phased development under its schedule and conditions.

  • After a PNRD final development plan is recorded, the zoning and subdivision regulations otherwise applicable to the land cease to apply, and development proceeds under the approved plan. Permits may be issued after recording and providing required financial security.

  • A use not specifically listed in a zoning district may be approved as a conditional use if its impacts are no greater than those of a listed use, it will not endanger public health or safety, it is compatible with the area and Comprehensive Plan, and it satisfies applicable standards.

  • Public utility facilities are permitted in all zoning districts, subject to Township restrictions on use, design, yards, setbacks, and height. Utility lines for water, sewage, electricity, gas, oil, steam, cable, and telephone service are not required to be in a particular zoning district.

  • PNRD planning supports infrastructure for utilities, roads, stormwater, parking, loading, and pedestrian circulation. Where public water and sewer are available or can be extended, the developer must connect to them; otherwise, central systems or, with approval, individual wells and septic systems may be used subject to health and environmental requirements.

  • Data centers may use public water if the applicant documents that the public authority has capacity. An alternative cooling system may be used if it demonstrably consumes less water and energy than a closed-loop system.

  • Data-center wastewater must be conveyed to and treated at a public treatment facility, subject to documentation that the public authority and Pennsylvania DEP can support the required conveyance and treatment capacity.

  • On-site energy-generation systems that directly supply a data center during normal operations may be treated as a second principal use, including solar, wind, fossil-fuel, fuel-cell, or nuclear generation, subject to applicable regulations.

  • Data centers have a defined parking requirement of one space per employee on the peak shift plus three spaces for visiting technicians.

  • Building and zoning permits generally remain valid for three years before expiring if the authorized development or use is not completed, and the permit may be transferred to a new property owner with Township approval and acknowledgment of applicable conditions.

  • A lawful nonconforming use or structure may continue. If a nonconforming structure is destroyed by an event outside the owner's control, it may be rebuilt for the same use if rebuilding begins within two years and the use resumes within one year after completion.

  • A nonconforming use or structure may be expanded by up to 50% of its original ground coverage or structure size, subject to conditions such as attachment to the existing structure, setback compliance or a variance, and generally special-exception approval.

  • The Industrial district allows a maximum building height of 100 feet and maximum lot coverage of 70%, with specified front, side, and rear yard requirements, subject to applicable overlays and other ordinance requirements.

Sources

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