Bernards planners find ordinance limiting data centers “not inconsistent” with master plan

The Bernards Township Planning Board on June 16, 2026 voted to deem Ordinance 2599 — an amendment to Chapter 21 of the township land-development code addressing data/data-processing centers in E1–E5 office zones — “not inconsistent” with the township master plan and to forward the ordinance to the Township Committee with suggested definitional revisions.

Planner staff member Ms. Fahey told the board she prepared a master-plan consistency memo (dated June 12, 2026) and concluded that adding definitions for “data centers” and “critical IT electrical load,” removing “data processing centers” from permitted office uses, and adding related prohibitions is aligned with multiple goals and objectives in the 2023 master plan related to land use, conservation and environmental resources.

“The ordinance amends the definitions section to add a definition pertaining to data centers as well as critical IT load,” Ms. Fahey said, and she recommended moving detailed carve-outs into the definitions section so the prohibitions in the zoning text are not duplicative. She advised the board that, under the Municipal Land Use Law, the appropriate finding for the planning board to make is whether the ordinance is “not inconsistent” with the master plan.

During discussion, board member Mr. Crane raised concerns about utility and environmental impacts from large data centers, including increased water and sewer flows from evaporation towers. “If you had a 200,000-square-foot office building, you’d be generating 100,000 gallons going into the sewer,” Mr. Crane said, adding that evaporation-tower discharges and higher electric demand could stress the township’s sewer plant and local streams. He stated he serves as vice chair of the sewerage authority but said he was speaking as a resident.

Several members supported a drafting change to move language that defines exclusions (for example, hospitals, public safety facilities and permitted public-utility infrastructure) into the definitions section (21-3.1) and to keep the prohibition language in the zoning use section (21-10.3) concise. The board agreed that retaining explicit exceptions was important.

A motion to deem Ordinance 2599 not inconsistent with the master plan and to forward it to the Township Committee with suggested definitional edits passed on a roll-call vote with all voting members present voting yes. No board vote was taken on adoption of the ordinance itself; the referral sends the board’s determination and recommended drafting changes back to the Township Committee for next steps.

The Township Committee will receive the planning board’s referral and the suggested drafting edits; no further action by the planning board on adoption was taken at the June 16 meeting.