East Brandywine supervisors send draft data‑center zoning to county amid strong public concern

East Brandywine Township supervisors voted on June 4 to forward a draft ordinance that would regulate data centers in the township to the Chester County Act 247 review process, after a staff presentation and an extended public comment period.

Luke, the staff presenter, told the board the draft would define “data center,” allow the use as a conditional use in the township’s CSLI (light industrial) district and add supplemental regulations covering lot size, setbacks, visual‑impact mitigation, an energy‑use plan, generator controls, mandatory connection to public water, a thermal mitigation plan, an electronic‑waste plan and noise and vibration limits. He explained that the township is handling two parallel matters: a curative amendment and validity challenge filed by a private applicant (which will be heard in a formal evidentiary hearing) and the board’s separate effort to write local standards for future data‑center proposals.

The vote to refer the draft to county review came after residents and experts urged tougher, measurable requirements. Mara Salana, who identified herself as having 25 years’ experience in data‑center work, asked the board to adopt precise technical standards and reporting requirements rather than general goals. “This is an opportunity for East Brandywine to be a differentiator and set the bar for green, higher standards for data centers,” Salana said, recommending the township consider ISO/IEC 30134 metrics, dry‑cooling technology to avoid water withdrawals, and explicit decommissioning and e‑waste obligations.

Other residents pressed for larger residential setbacks than the draft’s 250 feet and for binding remediation and enforcement steps. “If remediation efforts are required, the code should be explicit that operations be shut down until remediation is shown to be effective,” Gan Patel said during public comment. Tom Davis and others asked the board to distinguish between permitting a use and permitting all scales of it; staff and board members replied that lot‑size, height and setback limits in the draft are intended to control scale while complying with applicable Pennsylvania case law that bars exclusion of lawful uses.

Several speakers raised safety and operational concerns: potential fire risk from large battery systems, demands on emergency responders, and the need for robust monitoring protocols so the township can detect and require interim mitigation if a facility is violating noise, thermal or other operational limits. A resident asked for clearer, accessible information on the township website to reduce social‑media confusion; board members acknowledged earlier communication gaps and said they would work to improve public information.

Board members and staff repeatedly emphasized the tension between speed and completeness. Several supervisors argued that enacting an initial ordinance quickly would give the township regulatory authority if an applicant files while the board continues to refine technical provisions after receiving county comments. One board member said delaying adoption for a comprehensive rewrite could leave the township without applicable data‑center standards if an application is filed immediately; staff noted Chester County’s review provides comment but does not itself approve ordinances.

The board’s action formally refers the draft to Chester County for Act 247 review; staff said they will continue to accept public input and may amend the ordinance after county comments are received. The board also said the curative amendment and the separate validity challenge filed by a private applicant will be addressed in the appropriate hearing forum, where testimony and evidence will be received.