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Upper Moreland to consider curative zoning amendment to regulate data centers; 180‑day drafting window proposed
Summary
Township solicitor recommended a curative amendment declaring the zoning ordinance partially invalid for failing to regulate data centers; commissioners agreed to move a declaration to the May board so staff has 180 days to draft regulations and temporarily pause unregulated applications.
Township solicitor Alex told the committee that Upper Moreland's zoning ordinance currently lacks specific provisions for data‑center uses and recommended a curative amendment process that would temporarily bar new data‑center applications while the township drafts regulations.
"It's an arms race at this point," Alex said of the rush of data‑center proposals in many municipalities and explained the three‑step curative amendment process: (1) the board declares the ordinance invalid for failing to provide for a lawful use, (2) the board adopts a resolution documenting the basis for the declaration, and (3) the municipality has 180 days to draft and adopt regulations to govern the use. Alex and staff recommended placing the declaration before the full board on the May agenda so the township can work with Montgomery and Chester County model language and the county's 30‑day review process.
Commissioners agreed and asked staff to begin drafting model provisions tailored to Upper Moreland's context. Staff noted that while larger data centers typically target larger, resource‑rich parcels elsewhere, the township should adopt rules now to prevent applicants from exploiting gaps in the existing ordinance during a period of fast‑moving demand.
