Montgomery Township declares zoning provision invalid over missing data-center use, orders curative amendment

Montgomery Township supervisors voted unanimously on March 23 to adopt Resolution 2026-05 after township legal counsel advised that the current zoning ordinance does not explicitly include a use category for data centers and therefore is substantively deficient.

Township Manager Carolyn McCreary relayed the solicitor’s advice that many municipalities are updating zoning documents to regulate location and siting requirements for data centers. McCreary said the solicitor recommended adopting a resolution that would "declare our zoning ordinance substantively invalid due to the failure to include a data center use and to propose to prepare a curative amendment to overcome such invalidity." The board moved to adopt the resolution and the motion carried.

Why it matters: declaring a portion of the ordinance substantively invalid starts a formal process to amend zoning text so the township can set use and site standards for data centers rather than risk ad hoc or legally vulnerable decisions. The curative amendment process will include drafting new language and public review steps required by Pennsylvania law.

What was decided: the board approved Resolution 2026-05 and directed staff and the solicitor to prepare a curative amendment addressing data center use. No public votes with numeric tallies were recorded in the transcript; minutes show the motion carried with the customary "All those in favor say I." The timetable for drafting and public hearings was not specified at the meeting.

Next steps: staff will work with the solicitor to draft amendment language and bring a proposed curative amendment back to the board for public review and formal action.