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Committee introduces ordinance to bar data centers; solicitor says it functions as a ban
Summary
The Chemung Township Committee introduced Ordinance 2026-3 to classify data centers as a nonpermitted use in all zones; Township Solicitor Doug Heinold said the ordinance clarifies zoning and will make future use variances more difficult, effectively operating as a ban, and scheduled a second-reading/public hearing for Aug. 4.
At the meeting the committee introduced Ordinance 2026-3 to amend the township code to designate data centers as a nonpermitted use in all zones. Chair explained the measure is intended as "belt and suspenders" protection against an unanticipated data-center proposal given local infrastructure constraints such as limited water, sewer and power.
Township solicitor Doug Heinold explained the legal effect: "In simpler terms, it's a ban," he said, clarifying that while anyone may still file an application or a use-variance request under state land-use law, the ordinance explicitly identifies data centers as not permitted and makes future approvals a much heavier lift. Heinold said the ordinance lists neighborhood and environmental impacts as reasons the use should not be permitted in Chemung.
During public comment, resident Denise Ashworth asked whether a "nonpermitted use" is equivalent to a ban; Heinold reiterated the distinction between language and outcome and described the August 4 second-reading public hearing schedule. The committee voted to introduce the ordinance and set the public hearing and second reading for Tuesday, Aug. 4 at 7:30 p.m. at the municipal building.
What’s next: The ordinance will be reviewed for master-plan consistency by the land-use board and returned to the governing body for the August 4 public hearing and possible adoption.
