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The Data Center Divide

Upper Burrell Township

Anti-Data Center Policies

Upper Burrell Township has an enacted 2026 ordinance, though its description calls it a proposal; it limits data centers to conditional approval in industrial areas and requires large setbacks, baseload power, and extensive reviews.

current law · Upper Burrell Township
Would amend Upper Burrell Township’s zoning ordinance to regulate data centers and accessory uses, with requirements addressing conditional-use approval, setbacks, utility and water capacity, noise and vibration, environmental protection, emergency response, security, traffic, landscaping, reporting, and decommissioning, including 150% decommissioning security.Upper Burrell Township Data Center Ordinance of 2026

What this means

The proposal would make data centers conditional uses only in industrial areas and require large setbacks from property lines and homes, sharply limiting suitable sites (conditional use and setback rules). It also requires developers to provide baseload power and complete extensive utility, water, noise, safety, and environmental reviews, creating major added costs and hurdles.

People behind it

  • Proposed, held the public hearing on, and adopted the data center ordinance amendment.

  • Enacts and administers the ordinance, including permitting, inspections, enforcement, and decommissioning oversight.

Restrictions & requirementsHide restrictions & requirements44
  • Data centers and data center accessory uses are allowed only as conditional uses in the Industrial District, requiring conditional-use approval before development.

  • Data center buildings and accessory uses must be set back at least 500 feet from property lines and at least 1,000 feet from residentially zoned property lines or occupied residences, measured radially from the building or exterior equipment.

  • Applicants must submit architect renderings, elevations, utility analyses, noise and vibration studies, and documentation demonstrating compliance with decommissioning requirements.

  • All required studies and monitoring must be paid for by the developer or operator, and the Township selects the consultants or companies conducting them.

  • A data center must provide its own baseload generation power, including new generation or repurposed retired generation assets, and must pay its own costs for interconnection with transmission and distribution systems.

  • Projects using electricity from a public utility, municipality, or municipal authority must provide a provider certification that the grid can serve the facility without reducing existing service, an executed utility agreement, and quarterly service reports.

  • Exclusive on-site generation systems, including solar, wind, fossil-fuel, geothermal, or nuclear systems, are treated as separate uses requiring approval under the zoning rules applicable to those uses.

  • Battery or other energy-storage systems must comply with NFPA 855 or similar standards and include fire-suppression systems specifically designed for battery storage.

  • On-site turbines, generators, or diesel engines not powered by the public grid must be housed in buildings with noise and vibration mitigation, automatic fire suppression, and heat and gas detection systems.

  • Applicants must document anticipated raw-water needs and sources; public-water proposals require provider certification, an executed agreement, and quarterly reports showing that existing service will not be adversely affected.

  • Projects using nonpublic water sources require a water-feasibility study addressing supply yield, projected demand, water use, recycling or discharge, nearby wells and surface waters, groundwater impacts, droughts, floods, and at least 10 years of flow-volume data.

  • The owner or operator must provide proof of review and approval from the Pennsylvania Department of Environmental Protection.

  • Power transmission lines, wires, and conduits must generally be installed underground, except for power switchyards and areas within substations.

  • Data centers must use energy-efficiency technology, submit annual reports on efficiency upgrades and independently reviewed technological advances, and use current water-conservation technology and closed-loop systems where applicable.

  • Temporary power-generation sources must satisfy the same requirements imposed on permanent power-generation sources.

  • Applicants or operators must demonstrate that domestic, cooling, and industrial wastewater disposal has been provided and approved by the Pennsylvania Department of Environmental Protection.

  • Hazardous and potentially hazardous materials used by a facility must be stored, handled, transported, and disposed of in compliance with Township, Pennsylvania, and federal requirements.

  • Facilities must comply with Pennsylvania Uniform Construction Code and NFPA fire-protection requirements, provide annual specialized firefighting training and necessary equipment to responding fire companies, and provide accessible gas shut-off controls.

  • No individual data center or accessory-use building may exceed 125,000 gross square feet, and the site must provide an approved hardtop surface and a 30-foot-wide gravel cartway between buildings.

  • Each building must have a Knox Emergency Electrical Shut-off accessible to fire and emergency personnel.

  • Before construction, the developer or operator must complete an environmental-impact assessment, establish baseline air-quality and water-purity measurements, and conduct periodic follow-up studies.

  • Before construction, the developer or operator must investigate methane pockets and possible mine subsidence; construction is prohibited in areas where methane pockets or mine subsidence are identified.

  • Operators must immediately report failures, fires, hazardous-material leaks, injuries, and other extraordinary or catastrophic events to the Township and provide a written follow-up within 72 hours.

  • An Emergency Response Plan must be prepared by a qualified professional, accepted by the Township fire department and emergency-management services, made available for site inspection, and include fire, evacuation, access, training, inspection, and material-safety information.

  • Owners and operators must participate in public-safety meetings every six months and conduct emergency drills every six months with Township, county, and facility personnel.

  • Drainage facilities must be inspected annually by robotic camera, beginning before operation, with repairs required within 60 days after discovery and proof submitted to the Township.

  • Facilities must provide a truck-rejection lane, a continuously monitored security kiosk, 24-hour main-entrance security, and an eight-foot-high anti-climb perimeter fence with controlled access.

  • Data centers and accessory uses are limited to 45 feet in height, including rooftop equipment, and cannot have blank exterior walls; exterior walls require fenestration, rustication, and breaks every 35 linear feet.

  • Applicants must provide a licensed-engineer road-capacity study, a Construction Transportation Plan, a road-maintenance agreement, a road bond, an Overweight Use Permit, and an Excess Maintenance Agreement.

  • Construction is limited to 7:00 a.m. through 9:00 p.m., with no construction allowed on Sundays or federal holidays.

  • Applicants must submit preconstruction and post-construction sound and vibration studies, install professionally designed sound and vibration attenuation, and submit the post-construction sound study before receiving an occupancy permit.

  • Noise must remain at or below 60 dBA CNEL in specified residential and agricultural areas, 65 dBA CNEL in specified commercial and mixed-use areas, and 75 dBA CNEL in specified recreational, cemetery, industrial, and utility areas.

  • Rooftop and ground-mounted sound-producing equipment must be fully screened, and equipment within 300 feet of a roadway, residential district, or sensitive receptor must generally be fully enclosed or screened through specified structures, berms, vegetation, or solid walls.

  • A landscape buffer at least 100 feet wide is required next to residential districts, existing residences, sensitive receptors, and public roadways, with specified native trees and shrubs; utilities, equipment, and stormwater facilities generally cannot occupy the buffer.

  • Planned maintenance is limited to 6:00 a.m. through 6:00 p.m.; manual generators used for maintenance must have vibration and noise controls and may operate no more than 120 cumulative hours per year.

  • Lighting is limited to what is necessary for safe operation, must remain within the lot, cannot create visible glare, must use shielded or full-cutoff fixtures, cannot be mounted more than 20 feet above finished grade, and after-hours parking and traffic lighting must shut off within 30 minutes of closing.

  • Before permitting approval, the developer must submit a Township-approved written five- to 10-year Master Development Plan and obtain approval of an updated plan every two years.

  • Owners must execute a Community Benefit Agreement satisfactory to the Township.

  • Operators must submit an annual report containing proof of insurance, financial-security verification, complaint and extraordinary-event information, and updated emergency contacts.

  • The Township may inspect a data center or accessory use with 24 hours' advance notice.

  • All county, state, and federal permits must be obtained before operation, and a Township building permit is required for construction even if the applicant might otherwise be exempt under state law.

  • Upon abandonment, the operator must post financial security equal to 150% of the estimated decommissioning, code-enforcement, and reclamation costs, less salvage value; the amount is reviewed annually and must be posted within 15 business days after conditional-use approval.

  • If operations cease or the property is not used for data-center purposes for more than 18 months, or decommissioning begins, the operator must complete environmental review, responsibly dispose of equipment, maintain hardware chain-of-custody records, remove power and cooling infrastructure, train workers, document the process, and notify public-safety personnel.

  • Violations may result in a fine of $500 per day for each violation, prosecution costs, and up to 90 days' imprisonment for nonpayment, in addition to other legal remedies.

Benefits & exceptionsHide benefits & exceptions7
  • Allows data centers and their accessory uses as conditional uses in the Industrial District, creating a zoning pathway for approval.

  • Permits a broad range of accessory facilities and infrastructure on the same tract or unified adjacent parcels, including generators, substations, utility lines, cooling and wastewater systems, water facilities, storage, fiber-optic facilities, server farms, and security structures.

  • Allows data center proposals to receive electricity from a public utility, municipality, or municipal authority if the provider certifies that it has sufficient capacity and maintains existing service levels, and the parties provide an executed agreement to the Township.

  • Allows dedicated generation systems, including solar, wind, fossil-fuel, geothermal, or nuclear systems, to serve a data center without treating those systems as part of the data center use; those systems instead receive separate zoning review under the rules for that use.

  • Allows data centers to be developed as multiple buildings, with each individual data center or accessory-use building permitted to contain up to 125,000 gross square feet, subject to the ordinance’s other requirements.

  • Provides for a five- to 10-year Master Development Plan approved by the Township, with updates every two years, allowing the developer to plan development over a multiyear period.

  • Requires the Township to apply the stricter provision only when the new ordinance and existing zoning ordinance address the same subject, while leaving all other existing zoning provisions in effect.

Sources

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