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West Whiteland board declares zoning provision invalid for data centers, opens 180‑day curative amendment process
Summary
The Board of Supervisors unanimously declared a portion of the Zoning Ordinance substantively invalid for failing to regulate data centers and authorized staff to prepare a curative amendment under the Municipalities Planning Code, starting a 180‑day period to adopt new rules.
The West Whiteland Township Board of Supervisors voted unanimously April 22 to declare a portion of the township Zoning Ordinance substantively invalid because it does not contain specific regulations for data centers, and directed staff to prepare a curative amendment under the Municipalities Planning Code (MPC). Solicitor Alex Baumler explained that the curative amendment route allows the Board to identify a narrow invalidity — here, an otherwise lawful use lacking regulating standards — and gives the township 180 days to remedy the deficiency.
The action began when Baumler outlined the two‑step curative amendment process: the Board first votes to find the ordinance provision invalid and then adopts a resolution setting forth the legal findings that support that declaration. Supervisor Libby Madarasz made the motion to declare the provision invalid; Vice Chair Rajesh Kumbhardare seconded, and the motion passed unanimously.
During the public comment period following the motion, resident Virginia Kerslake thanked the Board "for taking such action" and asked whether the Planning Commission's ongoing work on data center regulations would continue. Baumler said the Planning Commission’s work will continue but noted the 180‑day statutory timeframe for completing and adopting the amendment.
The Board subsequently enacted Resolution 2026‑18 making specific findings of invalidity and formally initiating the curative amendment process. The resolution freezes any new applications that would rely on the current language, so pending or new development proposals would be processed only after the amendment is adopted or the 180‑day period lapses without action.
What happens next: township staff and the Planning Commission will prepare proposed ordinance text for the Board’s consideration within the MPC's 180‑day window; the Board may refer draft language for review, hold public hearings, and then adopt amendments by resolution or ordinance as required by state law.
