Upper Providence planners recommend new data‑center zoning rules after lengthy public comment

Upper Providence Township’s Planning Commission voted on June 3 to recommend that the Board of Supervisors proceed with an advertised zoning text and map amendment to regulate data‑center development, after staff presented a drafted ordinance and the public urged stricter safeguards.

Staff said the packet included a county model ordinance adapted for the township and that staff and counsel had proposed several local changes. Attorney Zach (speaker 7) cautioned commissioners that while municipalities can adopt standards, zoning changes must be legally defensible under Pennsylvania law and cannot impose requirements that would render the use impossible on all available parcels.

State Sen. Katie Booth (speaker 11) told the commission she has reviewed multiple municipal ordinances and urged the board and commission to include “decommissioning” language and measurable performance standards so the ordinance would be defensible in legal challenges. She recommended a residential setback of about 2,500 feet in some municipalities and cited the Office of Attorney General’s recommended language and a named bill in support of decommissioning provisions.

“...it is an incredibly important part of your ordinance that you need to include,” Booth said, urging the commission to consider setbacks, sound metrics and provisions that address the long‑term costs to taxpayers when industrial uses are abandoned.

Commission and staff discussion referenced the county review and the limits of what municipal zoning can require; counsel said the draft seeks to place data centers where they are least disruptive (M‑2 industrial districts) and to require rigorous project review rather than an outright ban. Commissioners acknowledged that certain numeric standards (setbacks, sound metrics, water and power requirements) will require technical data to avoid legal vulnerabilities.

The commission approved a motion recommending the supervisors hold the scheduled public hearing and consider the proposed amendments; staff said the commission can return to amend details after receiving technical input and public testimony at the supervisors’ hearing. The supervisors’ hearing on the ordinance was scheduled in the packet for June 15.

The commission did not adopt final numeric standards at this meeting. Several residents and the senator asked that decommissioning language, clear notification/communication protocols and measurable sound and vibration standards be added before final adoption.