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Upper Yoder supervisors ask planner to draft data-center zoning amendment after split over need for regulations
Summary
After a lengthy discussion, the board asked Mark to draft an amendment to add data-center regulations (conditional or permitted use in the M district). Some supervisors said Upper Yoder is not likely to attract data centers and opposed spending effort now; others urged being proactive based on prior experience with turbines and solar.
Mark (Walker) asked the board to consider adding data-center regulations to the township zoning ordinance, proposing either a conditional-use section or a permitted-use designation in the M district so that approval authority and location controls would remain with the board rather than the zoning hearing board.
"We can simply add a data center as a permitted use or permitted use under ... our M district," Mark told the board, adding that sample ordinances exist and that certain issues — noise, vibration, cooling and setbacks — are better addressed with dedicated rules. He cited a model ordinance from College Township and suggested the Department of Community and Economic Development (DCED) and PSATS resources could help draft language.
Supervisors split on the urgency of the measure. One supervisor argued Upper Yoder is unlikely to attract large data centers because of infrastructure constraints and geographic factors, calling the proposal "solving a problem that doesn't exist." Another supervisor urged caution, noting previous instances (wind turbines, solar) where the board had to scramble to craft rules once interest arrived.
"If somebody would come in and propose something tomorrow and we don't have any regulations, we can't create regulations for their proposed use," Mark said, noting that regulations enacted now would apply to future applicants even if they could not be retroactively enforced against a project already under way.
The board agreed that drafting language was prudent and asked Mark to work with the solicitor and the planning commission; the board did not require immediate action but asked for a draft to review as part of the ordinance amendment process.
Why it matters: data centers can have localized impacts on power, water, noise, and road use; amending zoning now would give the township a structured approval process and allow it to restrict locations and set conditions to protect residential areas.
Next steps: Mark will draft proposed ordinance language and coordinate review with the solicitor and planning commission before the board considers formal adoption.
