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Fairhaven council reviews draft banning large AI/data centers; members weigh regulating power and water instead
Summary
Council discussed a draft ordinance to prohibit AI/data centers as defined by power (e.g., >20 MW) or water impacts. Members debated a phased approach, technical thresholds, and whether to regulate resource use rather than specific uses; staff recommended seeking planning and engineering expertise.
Council members reviewed a draft ordinance intended to prohibit AI/data centers and related computer facilities from locating in the borough. Christina, who drafted the ordinance language, said the proposal mirrors models used by other municipalities but was tailored to Fairhaven's preference for an outright prohibition rather than conditional permitting.
Christina explained the draft defines an AI/data center to include facilities that "generate a total peak power load in excess of 20 MWs or a measurable and distinct impact on water utility consumption compared to the aggregate land uses" and said such benchmarks are commonly used but can be adjusted. "So you have the ability to tweak that definition as well," she said.
Council members asked whether the borough can regulate connectivity (underground or overhead utility lines) and whether limits should target resource use instead of naming specific land uses. One council member favored a two‑prong approach that would: (1) trigger review for facilities that increase power use by a certain percentage over baseline, and (2) consider system utilization rates (for example, when electric or water systems reach a pre‑set capacity threshold).
Staff and planning representatives said technical questions about wattage and water use would likely require outside professional analysis and that master plan language and planner support are appropriate routes for long‑term municipal policy. A staff member noted Red Bank used its planner to develop local rules and recommended the borough consider similar assistance.
Council did not adopt the ordinance at this workshop. Several members expressed comfort adopting the draft language as an initial "first layer" while planning further technical review through the master‑plan and planner contract.
Next steps discussed included seeking consultant guidance on electrical and water impacts, amending the master plan to frame utilities considerations, and drafting a codified ordinance that would follow adoption of any master‑plan changes.
