West Whiteland Planning Commission narrows draft data-center rules to I-2 district, asks staff for redline

West Whiteland Township Planning Commission Chair Keith Choper opened a March 17 meeting focused on a draft zoning amendment to regulate data centers and directed staff to refine the language for another review.

Planning Director John Weller presented the draft and said the Township currently allows data centers as a conditional use in the I-2 industrial district under $325-19.B(11)(i) of the Zoning Ordinance. After staff review of other communities’ regulations, the Commission agreed in discussion to allow data centers only in the I-2 district, not in I-1, citing the district’s greater separation from residential uses.

The commission’s discussion centered on operational, environmental and community impacts and on ensuring that regulations meet the legal standard of a "rational nexus" to Township objectives. Commissioner Dan Cote asked whether the draft’s purpose was to allow and control data centers or to prevent them; Mr. Weller responded the goal is to accommodate the use while protecting residents from adverse impacts.

Commissioners raised several specific concerns that staff will address in a revised draft. Members sought clearer language to prevent accessory-use provisions from being interpreted to permit primary on-site power generation; Ms. Virginia Kerslake said she wants primary generation expressly excluded from accessory uses and Mr. Weller agreed to revise the draft. The draft currently does not allow developers to establish their own primary power source because the Public Utilities Commission regulates such generators, but commissioners asked for explicit definitions and cross-references.

On energy and climate measures, Mr. Weller pointed to a provision requiring a developer to "purchase sufficient NEW renewable energy to offset 100% of the projected electricity consumption of the data center operation" to avoid raising residents’ electric costs. That requirement and how it would be implemented drew discussion but not a final decision.

Noise was a recurring concern. Ms. Kerslake emphasized that data centers produce a continuous low-frequency hum; staff proposed adding a dBC-based limit to the existing dBA-focused Noise Ordinance. The draft cites a 60 dBC operational limit drawn from a Food & Water Watch model ordinance, and members asked staff to analyze nighttime impacts and enforcement practicalities.

Separation distances were debated. Some members proposed large buffers (1/2 mile) from residential areas; the group agreed those distances could create a de facto exclusion and directed staff to evaluate a more practicable 1,000-foot minimum separation and whether it would unduly restrict sites in West Whiteland. Mr. Weller noted the I-2 district contains roughly 26 tax parcels over about 220 acres but warned that developers may assemble multiple lots to create larger sites.

Members also discussed back-up generator use and testing, noting that diesel generators can violate noise limits and that testing typically occurs one unit at a time. Commissioners expressed concern that statutory fines (noted during discussion as up to $1,000 per day under the Municipalities Planning Code limits) may be difficult to enforce in practice. Mr. Patrick Gorman and Mr. Weller said operational limits can be set through the conditional-use review process.

On development standards, the Commission agreed to retain an existing 120-foot height limit for communication towers and to keep current building-height and setback formulas in the I-2 district (front setback 100 feet; side/rear 75 feet; base building height 35 feet, convertible up to 50 feet with additional setback). Lighting standards remain governed by the Township’s existing regulations.

The draft addresses electronic waste and decommissioning. Commissioners asked for stronger language to prevent indefinite on-site storage of electronic waste and for annual inspections to confirm fire-safety compliance, suggesting the Fire Marshal review the proposed standards. Ms. Priyanka Gupta asked staff to clarify timing when only part of a multi-building facility ceases operation and to consider an inflation clause for decommissioning cost estimates; Mr. Weller noted the draft allows the Township to review and periodically update decommissioning costs but cannot force sale of land if operations stop.

There was no public comment. Mr. Choper asked members to submit written comments to Mr. Weller; Mr. Weller will prepare a redline second draft for the Commission to review at a future meeting. The Commission adjourned at 8:35 p.m.