Council committee unveils first draft zoning rules for data centers; sets extra review steps

Chris Delphs, director of Community Planning and Economic Development, presented a first-draft zoning text amendment aimed at data centers, saying staff worked with the solicitor, outside land-use counsel and regional planners to accelerate a traditionally deliberative process. "Formulating zoning code was designed to be deliberative," Delphs said, and the draft will proceed through required government reviews and public hearings. The nut graf: The draft would prohibit data centers in most districts and allow them only in Central Manufacturing and Suburban Manufacturing districts by special exception through the zoning hearing board. It adds standards and submission requirements covering noise mitigation plans, air quality and generator emissions (EPA Tier 4 or equivalent), an energy management plan and a water utilization report; it also requires a public informational meeting before formal hearings. Delphs read the draft definition: a data center is a facility whose primary purpose is to centralize digital data storage, processing or dissemination, and typically includes backup generators, cooling and redundancy. On noise, staff proposed requiring a noise mitigation plan and compliance with the city's noise control ordinance rather than a single decibel threshold. On air quality, the draft requires backup power to meet or exceed applicable state and federal emission standards and annual testing with reports to the city and state agencies. For energy, the ordinance would require a good-faith effort to maximize renewable or clean energy through on-site generation or verifiable power purchase agreements and a submitted energy management plan detailing demand and supply sources. For water, staff said applicants must submit daily intake, discharge volumes, cooling type and demonstrate compliance with stormwater rules; Delphs noted the Susquehanna River Basin Commission and state agencies regulate water. Public comment at the Community Planning Committee hearing was extensive, including concerns about noise, environmental effects, energy sourcing, water use and the timing of the draft. Speakers included community organizers, residents and industry commenters. Several asked whether the ordinance would apply retroactively to two data center proposals already at different stages; Delphs said the city had not reached a definitive legal position about retroactivity and that reasonable attorneys could disagree. The committee voted to move Council Bill 10 to full council on Oct. 14 for further consideration and the planning commission will review the draft on Oct. 15 as part of the continuing process that includes the county review and a mandatory public hearing. Ending: Staff said they are simultaneously negotiating a community benefits agreement with one developer; Delphs warned the zoning text and any CBA will evolve through additional feedback and legal review before final council action.