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Summit introduces ordinance to bar large data centers; council debate focuses on megawatt threshold and loopholes

City of Summit Common Council · June 3, 2026
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Summary

Council introduced an amendment to the development code that would prohibit principal-use data centers above a megawatt threshold (draft sets 20 MW peak load). Members and public urged a lower threshold or an unconditional ban; staff cited Pinelands benchmarks and said hyperscale AI centers consume hundreds of megawatts.

The Summit Common Council introduced an amendment to the city’s development regulations designed to prevent large-scale data centers from becoming a principal land use in the city. The draft ordinance (introduction ID 12590) defines prohibited uses by a set of characteristics that include a peak electrical load threshold; planners recommended a 20-megawatt peak-load threshold to capture conventional data centers while distinguishing them from smaller server rooms at hospitals or universities.

Council members and residents questioned the choice of 20 megawatts as the cut-off. Council Member Ber argued the threshold "opens the door" to undesirable facilities and urged lowering it; he voted against introduction. Staff cited a Pinelands Commission benchmark saying conventional data centers commonly draw around 20 MW at peak, while hyperscale AI centers consume multiple hundreds of megawatts. "If you want to make it impossible for this to happen, you can lower the threshold," the city planner told council.

Public commenters urged a clearer, unconditional ban. James Catra said, "If we don't want AI data centers, then let's say no AI data centers," arguing that a numeric threshold could leave loopholes.

Council introduced the ordinance as drafted and recorded the introduction vote; members said they can return with amendments during the hearing period. The ordinance as introduced would make any principal land use that meets the defined characteristics — including peak power consumption thresholds and related utility impacts — a prohibited use; that would not affect ordinary server rooms or computer centers incidental to other permitted uses.

Next steps: the ordinance was set for public hearing on June 16. Council members signaled they may propose substantive changes during the introduction-to-hearing period, including lowering the megawatt threshold or adding noise and water-use limits.