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Summit introduces strict data‑center ordinance after heated public debate over size and noise
Summary
Council introduced Ordinance 12633 to broadly prohibit data centers and tightened accessory-use thresholds (a 1,000 sq. ft or 20% cap). Residents and planning‑board members urged more study, and council members debated caps (1,000 vs 12,000 sq. ft) and electrical/noise measures; consultant Joe Burgess said the draft effectively prohibits data centers and recommended planning‑board review.
The City of Summit introduced Ordinance 12633 on July 7 to amend Chapter 35 (development regulations) and add a new restriction intended to prohibit new data centers, including AI data centers, within the municipality.
Council member Chris Crisafulli summarized the ordinance as a response to resident concerns and noted the drafting input from Burgess & Associates and the planning board. The ordinance introduces a tightened definition for accessory data‑processing facilities, limiting them to the lesser of 20% of gross floor area or 1,000 square feet in aggregate across continuous parcels. Crisafulli said the change was intended to prevent applicants from rebranding large server farms as accessory uses.
Planning‑board consultant Joe Burgess explained the rationale: the 1,000‑square‑foot cap was chosen after discussions and replaced earlier, larger thresholds; Burgess said the draft is ‘‘a very strongly worded ordinance, which will basically prohibit data centers throughout the municipality.’’ He recommended the next step be the planning board’s statutory 35‑day review.
Residents and planning‑board members pushed back during public comment and council debate. Delia Hamlet, a planning‑board member speaking from the audience, said the 1,000‑square‑foot cap was ‘‘not gonna be legally defensible’’ and urged the council to publish redlined drafts and the consultant’s memo for transparency. Council members acknowledged differing views on the precise threshold: some supported a larger square‑foot cap (12,000 was previously discussed), while others argued that a 1,000‑square‑foot aggregate cap combined with electrical‑capacity limits offered a stronger barrier to full‑scale data centers. Several council members said the ordinance would be sent to the planning board for further analysis and that staff/consultant follow‑up is expected before final action.
Why it matters: Data centers raise concerns about local electrical capacity, noise, and land‑use compatibility. Summit’s proposed ordinance seeks to block those facilities while carving limited allowances for small, accessory computer rooms used by existing institutions.
What’s next: The council introduced the ordinance and voted to refer it for planning‑board review and continued council consideration at its next meeting; staff and Burgess will continue to refine enforcement and measurement mechanisms (e.g., how to test compliance with caps and electrical thresholds).
