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East Norriton board declares zoning provision inadequate for data centers, directs curative amendment
Summary
The Board of Supervisors approved Resolution 2935 declaring a portion of the zoning ordinance likely invalid for failing to define data center uses and directed staff to draft a curative amendment within 180 days; supervisors described the step as an immediate pause on data center applications while the ordinance is revised.
The East Norriton Board of Supervisors on April 27 approved Resolution 2935, declaring that a portion of the township zoning ordinance is likely invalid because it does not clearly define data center uses and accessory uses, and directing staff to prepare a curative amendment within 180 days.
Township Solicitor Kyle Miller told supervisors counsel reviewed the code and concluded that, ‘‘as it currently stands, it could potentially be determined that the zoning code is unconstitutional due to the absence of defined uses and accessory uses for data centers and related buildings or establishments.’’ Miller said the resolution follows the procedural requirement in ‘‘section 609.2 of the MPC’’ to make specific findings about the ordinance’s deficiencies and to set objective criteria for siting and operating data centers.
During discussion supervisors said the action is intended to ‘‘get ahead of it’’ and described the immediate effect as a temporary pause on accepting any new data center applications while staff drafts a comprehensive ordinance. One supervisor summarized the practical effect as, ‘‘we're putting a freeze on any applications for data center’’ while the township prepares a more detailed regulatory framework.
The resolution requires the township to enact the curative amendment within 180 days of the declaration. The board moved, seconded and unanimously approved the declaration and the companion resolution directing the curative amendment.
Next steps include drafting the ordinance language and returning it to the board for public consideration and a vote within the required 180-day window.
