Southampton Township
Anti-Data Center Policies
Southampton Township allows data centers only as conditional uses in one district, with a 10-acre minimum and extensive requirements, including studies, utilities, on-site solar, and removal funding.
current law · Southampton TownshipRestricts data centers to conditional-use approval in Southampton Township’s Highway Commercial/Light Industry district and sets requirements for setbacks, noise, utilities, safety, solar power, and cleanup when operations end.Southampton Township Ordinance Amending Zoning Chapter 150 to Add Data Centers and Battery Energy Storage Systems (2026)
What this means
The measure would allow data centers, but only as conditional uses in the Highway Commercial/Light Industry district, with a 10-acre minimum and large setbacks from homes and other sensitive places (conditional-use and setback rules). It also requires costly studies and plans, public water and sewer service, on-site solar generation, and funding for eventual removal, creating significant barriers even though development is not banned (required plans and solar provision).
People behind it
- Southampton Township Board of Supervisors
Proposed and enacted the amendment adding data centers and battery energy storage systems as conditional uses.
- Samuel Cressler
Chairman of the Board of Supervisors who moved to approve the Data Center/BESS amendment.
- Randy Brenize
Vice Chairman of the Board of Supervisors who seconded the motion to approve the Data Center/BESS amendment.
Restrictions & requirementsHide restrictions & requirements32
Data centers and battery energy storage systems (BESS) are allowed only as conditional uses in the Highway Commercial/Light Industry District (C-I), requiring conditional-use approval.
The minimum lot area is 10 acres.
All structures and equipment must be at least 75 feet from the front lot line and 50 feet from side and rear lot lines; a 200-foot setback applies where the use abuts or is adjacent to a residential use, residential zoning district, or other sensitive receptor. Structures may not be placed in a required buffer yard.
The site must have direct primary roadway access to a State Route highway or United Drive and an adequate secondary emergency-access route.
The use must comply with the Township buffer-yard requirements, including when adjacent to sensitive receptors.
Cooling, ventilation, power-generation, and other operating equipment must be inside a fully enclosed building unless enclosure is not mechanically feasible under the manufacturer's specifications. Equipment that cannot be enclosed must be screened.
Fencing along public or private roads or next to residential uses, residential districts, or sensitive receptors may not be chain-link, with or without slatted inserts, and may not use barbed wire or similar visibly intrusive deterrence devices.
Utility substations serving the facility are treated as part of the data center or BESS and must be screened from adjacent public roads, in addition to other buffering and landscaping requirements.
A lighting plan must comply with Township requirements and be reviewed by the Township's lighting consultant.
Tanks storing flammable or otherwise hazardous materials must be at least 100 feet from every property line.
Hazardous-material storage must comply with applicable Pennsylvania Department of Environmental Protection standards and include spill containment and environmental-protection measures.
The applicant must provide an electric-service interconnection agreement confirming that sufficient capacity is available and that the facility will be served.
Parking is required at a rate of one space for every employee on the largest shift, in addition to applicable Township parking requirements.
Community Noise Equivalent Level may not exceed 60 dBA at the property line of a property containing a sensitive receptor or 70 dBA at the property line of any other property. Sound lasting no more than one cumulative minute per hour may exceed the applicable limit by no more than 10 dBA.
The applicant must submit a traffic impact report prepared by a professional traffic engineer.
The applicant must submit a qualified-professional vibration study demonstrating that vibration from fans, pumps, chillers, generators, and other mechanical equipment does not extend beyond the property line.
A detailed site plan showing building placement, dimensions, internal circulation, landscaping, and other pertinent design information must be submitted for the Board of Supervisors' review.
A preliminary sound study by a professional acoustical expert is required with the initial application, including prescribed sound-level measurements, maximum sound limits, sound-mitigation recommendations, and frequency analysis.
An as-built sound study must be completed within six months after the certificate of occupancy is issued and operations begin. If sound limits are exceeded, additional sound-reduction measures and an updated study are required.
An Emergency Response Plan must be prepared by a qualified professional, accepted by the local fire department and emergency-management services, and include fire suppression, containment, ventilation, evacuation, emergency access, responder training, and annual fire-safety inspections.
BESS facilities must comply with NFPA 855 or similar amended standards, use battery-specific fire suppression systems, coordinate with specified local officials, and address site-specific storage capacity, thermal-runaway risks, liquid tanks, and flammable-gas buildup.
A water-supply feasibility study is required when the use involves water resources. The facility must use public central water, and the applicant must fund or guarantee utility improvements if capacity is insufficient.
Applicants must consider and incorporate water-efficiency and sustainability measures where possible, including closed-loop, free, air, or immersion cooling and non-potable water or renewable-energy sources.
The facility must use a public central sanitary sewer. The applicant must demonstrate adequate wastewater disposal and fund or guarantee collection, conveyance, or treatment improvements if capacity is insufficient.
All building roofs must be solar ready, and the facility must install on-site solar generation sufficient to offset at least 25% of projected annual electricity consumption during normal operations.
A qualified-professional Solar Energy Plan must document projected electricity use, solar system type and capacity, calculations showing the 25% minimum, and an installation schedule. Solar systems must be installed no later than 12 months after the certificate of occupancy.
At the end of active use, the owner must restore the site or adapt it for beneficial reuse, including removing unused equipment, structures, roads, paving, containment ponds, and related improvements.
The owner must notify the Township within 24 hours after cessation or abandonment. If the Township questions whether the facility is operational, the owner has 90 days to demonstrate continued operation, explain the discontinuation, or propose a remedy.
After cessation, the owner generally has 12 months to dismantle and remove the facility. The Township may perform the work using required financial security, and the property owner and facility owner or operator are jointly and severally liable for any shortfall.
Before receiving a land-use permit, the owner must provide financial security acceptable to the Township for decommissioning and site restoration. The amount is based on a licensed Pennsylvania engineer's cost estimate plus a 25% administrative and inflation factor, excluding salvage value.
The permittee must pay the municipality's administrative, legal, and engineering costs for reviewing the decommissioning estimate, and the Township Engineer must review the financial security five years after its initial deposit and every five years thereafter.
Before approval of a plan or permit, the applicant must enter into a Development Agreement with the municipality covering decommissioning responsibilities.
Benefits & exceptionsHide benefits & exceptions6
Data centers and battery energy storage systems are expressly allowed as conditional uses in the Highway Commercial/Light Industry District (C-I), creating a defined zoning approval pathway for these facilities.
A facility may obtain primary direct roadway access from a State Route highway or United Drive, subject to demonstrating an adequate secondary emergency-access route.
The ordinance allows mechanical or electrical equipment to remain outside a fully enclosed building when enclosure is not mechanically feasible under the manufacturer’s specifications, provided the equipment is screened.
Screening for unenclosed equipment may use an existing principal building or existing vegetation that will remain on the property or be protected by a recorded landscaping or buffer easement, rather than requiring new screening construction in every case.
Applicants may receive utility service if they provide an interconnection agreement confirming that the electric provider has available capacity and will serve the facility.
If public water or sanitary-sewer capacity is insufficient, the applicant may proceed by demonstrating and guaranteeing required utility improvements in accordance with the utility’s requirements, at the applicant’s expense.
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