Allentown council tables data-center ordinance after large public turnout; asks solicitor for legal review

Allentown City Council on June 3 voted unanimously to table Bill 20, a proposed ordinance meant to add data-center specific provisions to the city code, until the next council meeting on June 17 and asked the city solicitor to perform a legal-service review.

Council President Napoli opened debate on Bill 20 after the Community and Economic Development committee forwarded the item. Councilperson Gerlach, chair of the committee, told colleagues she had concerns about the ordinance’s strength and sought clarification on how the municipal planning code (MPC) and the city’s zoning treat new uses such as data centers. She warned that, in the absence of precise language, property owners can file curative amendments that could alter how projects are reviewed.

City zoning staff explained current practice. "Where the ordinance lacks a specific data-center use, staff default to the most similar use — in this case manufacturing," zoning supervisor Mike Hanzo said, adding that manufacturing categories can trigger special-exception review or other requirements but that data centers warrant their own, use-specific standards.

Solicitor Montero told the council there are differing views about the legal effect of a municipal curative amendment and the MPC’s 180-day mechanism. She said the council could postpone the vote to obtain more definitive legal advice and that certain applications already in process — including the 2401 Emmaus Avenue application referenced at the meeting — would continue to proceed under current procedures.

A large group of residents and advocates spoke during the public-comment period, urging stronger protections. "This project could affect children with autism and those sensitive to air quality," said a resident who asked the council for a municipal curative amendment to pause application filings while the city strengthens its code. Hudum Water Watch representative Ginny Kerslake warned that passing Bill 20 "would take away your ability to pass a municipal curative amendment" and argued that the existing code does not adequately address data centers. Nick Nikoloff, who identified himself as a member of the Allentown School Board, recommended adopting both an immediate ordinance and a municipal curative amendment to preserve protections while pursuing stronger rules.

Council members voiced competing procedural and policy concerns: some said passing Bill 20 now would provide immediate safeguards that would take effect the next day, while others feared it could give developers legal arguments to move projects forward before stronger measures could be adopted. Several councilmembers said they want more precise language on setbacks, noise and heat/thermal mitigation and suggested complementary approaches such as strengthening the city’s noise code.

Councilperson Gerlach moved to table Bill 20 to June 17 to allow the solicitor time to complete a legal-service review; Councilperson Bender seconded the motion. The motion passed on a roll-call vote: 7 yeas, 0 nays. Vice President Mota withdrew an earlier motion to draft a letter to the planning commission after discussion. The council clerk recorded the vote and the tabling outcome.

Next steps include the solicitor’s LSR and continued committee work; the planning commission will also review the pending Emmaus Avenue application on June 9, which staff warned is not constrained by whatever action the council takes tonight because it is already in the review process. The council directed staff and legal counsel to report back with clearer options for balancing near-term protections and longer-term code changes.