Upper Frederick Township
Anti-Data Center Policies
Upper Frederick Township’s enacted ordinance limits data-center size, requires separation from existing structures and conditional-use approval, and imposes noise, utility, and decommissioning requirements.
current law · Upper Frederick TownshipRegulates data centers in Upper Frederick Township by amending the zoning code to define and regulate data centers, including cryptocurrency-mining and server-farm facilities, and imposing limits on size, height, access, setbacks, buffers, screening, façades, noise, and vibration.Pennsylvania Ordinance 2026-05 (2026)
What this means
If enacted, this ordinance would make development much harder: it caps data centers below 49,999 square feet and requires 1,000 feet of separation from lots with existing structures, along with conditional-use approval and extensive noise, utility, and decommissioning requirements (size and separation limits). These rules could rule out many sites and add substantial cost and delay, though they do not ban data centers outright.
People behind it
- Upper Frederick Township Board of Supervisors
Advertised, prepared for passage, and enacted Ordinance No. 2026-05 regulating data centers.
- Aaron Walizer
Township Manager who attested the enacted ordinance.
- William Landman
Board of Supervisors Chairman who signed the enacted ordinance.
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- Elizabeth Fischer
Board of Supervisors Vice Chairman who signed the enacted ordinance.
- William Karaffa
Board of Supervisors member who signed the enacted ordinance.
Restrictions & requirementsHide restrictions & requirements34
Data centers are limited to less than 49,999 square feet and must comply with the underlying zoning district’s requirements.
Data centers may not exceed 35 feet in height.
A data-center site must have direct access to an arterial or collector street and two direct public access points to public streets.
Mechanical equipment must be separated from an adjacent residential district by the principal building.
Areas abutting a residential use or district must have a buffer at least 100 feet wide, planted under the applicable landscaping rules, plus an eight-foot berm where the data center is adjacent to or across the street from residential property.
Data-center buildings, structures, and associated mechanical equipment may not be located within 1,000 feet of any lot containing an existing structure; the distance is measured from the closest data-center feature to the nearest applicable property line.
Mechanical equipment visible from ground level must receive full visual screening from existing and planned public roads and adjoining parcels through enhanced landscaping, lattice, cladding, or a combination of those methods.
Building façades must include at least five specified architectural design elements, such as changes in height, step-backs, fenestration, material or color changes, accent materials, or other features approved by the Board of Supervisors.
All exterior mechanical equipment must be screened by an acoustical barrier.
Noise from a data center may not exceed 50 dB(A) at the parcel line adjacent to a residential zoning district or 62 dB(A) at the parcel line adjacent to a district permitting retail or office commercial uses.
Acoustical barriers must be maintained in as-new condition.
Applicants must submit pre-construction and post-operation noise and vibration studies, with the pre-construction study submitted with the conditional-use application and the post-operation study submitted between one and twelve months after full operations begin.
If baseline noise or vibration already exceeds the ordinance limits, operations may not materially increase the baseline unless the increase is specifically authorized as a condition of approval.
If post-operation studies show noncompliance, the applicant must implement mitigation measures shown on a site plan and designed according to the study; the owner must also submit an annual third-party-engineer compliance report.
Ground vibration may not exceed 0.2 to 0.5 inches per second peak particle velocity for building-damage criteria or 65 VdB for human-perception criteria.
Applicants must demonstrate exhaustive efforts to provide on-site renewable electricity before using a public electricity provider and, if public electricity is used, must pursue specified energy-efficiency, solar, battery-storage, and off-site renewable-energy measures.
Applicants must demonstrate exhaustive efforts to use public water and sewage service before resorting to on-site water production or sewage disposal.
The conditional-use application must include a utility-provider will-serve letter or qualified engineering assessment demonstrating sufficient electrical, water, and sewer capacity, including projected future growth.
If utility capacity is insufficient, the applicant must pay for necessary system improvements; on-site water or sewage systems may be considered only if the improvements are determined infeasible by both the Township Engineer and the applicable public utility providers.
If on-site water production is the only feasible source, the applicant must submit a Water Resources Impact Study and comply with requirements protecting existing wells.
Applicants must provide Delaware River Basin Commission review and approval for covered water withdrawals or water imports or exports involving a design capacity of at least 10,000 gallons per day.
Utility lines from substations to data centers must be placed underground where practical, unless the utility company requires above-ground lines or underground placement is infeasible.
Water-based cooling systems must use closed-loop systems; open-loop, once-through, and water-intensive evaporative cooling systems are prohibited.
A professional engineer must prepare and certify a thermal-impact plan addressing waste heat, off-site impacts, heat islands, heat-reuse opportunities, and mitigation measures.
The developer must hold at least two public informational meetings before filing a conditional-use application and publicize them in a manner reasonably calculated to inform the general public.
The conditional-use application must include a safety plan approved by the Township Fire Marshal, and the owner must recertify it annually and allow an annual inspection.
Data-center parking must be provided at two spaces per 10,000 square feet of principal-structure gross floor area, with additional parking for administrative or similar office areas at six spaces per 1,000 square feet.
Before receiving a zoning permit or land-development approval, the applicant must post financial security acceptable to the Township to cover full decommissioning.
The decommissioning security must be based on a qualified professional’s cost estimate covering removal of computing, electrical, generator, fuel, cooling, structural, and hazardous-material components and site restoration; the Township may require updates every three years.
A facility is presumed abandoned after twelve consecutive months without operations or with electrical demand below 25% of designed operational load, unless the owner demonstrates ongoing bona fide operations.
After abandonment, the owner must submit a qualified-professional decommissioning plan within 90 days, and decommissioning and site restoration generally must be completed within 12 months after plan approval.
If the owner fails to decommission as required, the Township may draw on the financial security, enter the property, complete the work, and collect excess costs as a municipal lien.
Conditional-use applications must include the impact statements required by Article IIA of the Subdivision and Land Development Ordinance.
Applicants must provide procedures for safe removal and recycling or disposal of server infrastructure, hazardous materials, batteries, electronic waste, and related products.
Benefits & exceptionsHide benefits & exceptions6
The ordinance expressly authorizes a “Data Center” as a conditional use, allowing qualifying facilities to seek approval under defined standards rather than relying on an uncategorized use.
Data centers may use public electricity, water, and sewer systems if the applicant provides the required utility-capacity documentation, including a utility will-serve letter or a professional engineering assessment.
If public utility capacity is insufficient, the applicant may fund system improvements to accommodate the project; if those improvements are infeasible, the ordinance allows on-site water production and sewage disposal to be considered.
The ordinance permits certain utility lines between substations and data centers to be installed above ground when an underground installation is infeasible or the utility company requires above-ground lines.
The Township must issue a final use and occupancy permit when the post-operation study demonstrates compliance with the applicable sound and vibration limits.
The ordinance provides a defined regulatory framework for data centers, including a specific definition and detailed operating standards, which gives applicants an identified approval path for facilities, expansions, and modifications that comply with those standards.
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