Tobyhanna Township
Neutral Data Center Policies
Tobyhanna Township allows data centers on designated properties, but projects must meet requirements for lot size, setbacks, noise, and documentation.
current law · Tobyhanna TownshipAllows data centers only on designated properties in Tobyhanna Township and sets rules for their development.Pennsylvania Tobyhanna Township Ordinance No. 580 (2025)
What this means
The measure creates a zoning path for data centers on designated properties, making development easier there. But projects must meet substantial conditions, including minimum lot size, setbacks, noise limits, and documentation, so the overall benefit is modest.
People behind it
- Tobyhanna Township Board of Supervisors
Proposed and enacted Ordinance No. 580 establishing the Data Center Overlay District and related regulations, and administers related reviews and approvals.
Restrictions & requirementsHide restrictions & requirements20
Data centers are allowed only in the designated Data Center Overlay District, which covers only mapped properties; the overlay rules apply when elected by the owner or applicant and do not authorize data centers elsewhere.
The overlay's only expressly permitted principal use is a data center.
Before construction or expansion, a proposed data center must obtain zoning approval through the applicable conditional-use and land-development review process.
A data-center lot or tract must contain at least 50 acres, be near a 230-kV-or-greater transmission line or facility, and have direct access to an arterial or collector street.
Applicants must submit detailed plans and supporting information addressing site layout, utilities, traffic, stormwater, landscaping, screening, emergency access, and other site-design matters.
Projects must meet dimensional limits, including minimum setbacks of 100 feet from front, side, and rear property lines, 200 feet from residential-adjacent property, and 300 feet for equipment or accessory structures.
Buildings are limited to 100 feet in height, excluding rooftop equipment; lot coverage may not exceed 45%, and impervious coverage may not exceed 55%.
Off-street parking, loading, and unloading require a parking plan approved by the Board of Supervisors during land-development review, supported by evidence of comparable data-center parking demand; parking may not exceed one space per employee.
Accessory utility installations must be necessary for the project, avoid adverse effects on public electric service, include adequate screening and sound barriers, provide sufficient off-street parking, and comply with applicable area, yard, and coverage requirements.
The project must have public or private sanitary sewage service or an approved privately owned on-site sewerage system, as well as public or private water distribution service.
If no public water system serves the project, the developer must obtain a Pennsylvania DEP water-withdrawal permit for wells; withdrawals averaging at least 100,000 gallons per day over 30 days also require Delaware River Basin Commission approval and a qualified hydrologist's study showing no harm to neighboring properties.
Applicants connecting to the electric grid must provide utility documentation certifying that sufficient capacity is available and that the provider will serve the data center.
Exterior ground-level mechanical equipment facing an existing residential use in a separate residential zoning district must be screened by an acoustical barrier.
A professional acoustic expert must prepare a noise study for the land-development application. Project noise generally may not exceed 60 dBa at any exterior property line, subject to a limited allowance of up to 10 additional dBa when existing and project noise together exceed 60 dBa; a post-construction noise study is required 18 months after construction completion and operational startup.
The measure imposes operating controls on noise, lighting, outdoor equipment, backup generators, and generator testing.
Before filing a preliminary land-development application, the developer must attend a pre-submission conference with the Board of Supervisors or its designees to determine which impact statements or studies are required.
The Board of Supervisors may require studies on matters including traffic, hydrogeology, wetlands, environmental effects, stormwater, fire protection, emergency services, waste disposal, landscaping, noise, historical and archaeological resources, flooding, air quality, electrical emissions, airports, and public transportation.
After reviewing required studies, the Board of Supervisors may require the developer to implement their recommendations or action steps as a condition to protect public health, safety, and welfare.
Data centers must comply with the Township's Design Standards; waivers are available only when the Board grants final land-development approval based on a hardship.
The applicant or operator must provide required financial assurances or other arrangements for compliance, site restoration, or decommissioning if the facility is abandoned.
Benefits & exceptionsHide benefits & exceptions12
Creates a mapped Data Center Overlay District where data centers, including data processing, storage, and telecommunications facilities, are expressly permitted, subject to the overlay's standards and approval requirements.
An applicant may elect the overlay option, which substitutes the overlay's development standards for conflicting requirements in the underlying zoning district and makes the overlay rules control in case of inconsistency. the provisions for the DCO District shall substitute certain underlying provisions
Section 155-89 of the Zoning Ordinance does not apply within the Data Center Overlay District. shall not apply
Recognizes associated power and environmental-control systems as part of a data-center use and permits customary accessory facilities, including electric substations, water-cooling facilities, on-site power generation other than wind turbines, thermal storage, and water-reuse systems. Electricity substations
Allows utility accessory installations necessary for the data-center project, provided they do not adversely affect neighborhood or local electric service, meet noise-screening requirements, provide adequate parking, and comply with the overlay's area, yard, and coverage rules. necessary for the operation of the data center project
Sets tailored development standards, including a 50-acre minimum lot, a 100-foot maximum building height, 45% maximum lot coverage, 55% maximum impervious coverage, 100-foot front/side/rear setbacks, a 200-foot setback from adjacent residential property, and a 300-foot setback for equipment or accessory structures. The height limit does not apply to rooftop equipment. Data Center Overlay District
Allows eligible sites near a high-voltage transmission line or facility capable of transmitting at least 230 kV, if the site is also at least 50 acres and directly accesses an arterial or collector street. capacity to transmit 230kv or greater
Allows a data center to use either a publicly or privately owned sanitary sewage system and either a publicly or privately owned water distribution system. publicly or privately owned water distribution system
For projects connecting to the electric grid, allows the applicant to proceed by providing documentation from the electric service provider certifying that sufficient capacity is available and that the provider is committed to serving the data center. necessary capacity is available
Requires a project-specific parking plan during land-development review, but limits required parking to no more than one space per data-center employee. shall not exceed one space per employee
Requires a pre-submission conference at which the Board of Supervisors or its staff determines which listed impact statements or studies are necessary, rather than automatically requiring every study. determine which of the following impact statements and/or studies are deemed necessary
Allows the Board of Supervisors to waive certain Township design-standard requirements when a hardship exists as part of final land-development approval. may waive certain requirements
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