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Holmdel committee introduces ordinance banning data centers townwide with severability edit
Summary
The township introduced ordinance 2026‑16 to add 'data centers' to prohibited uses across Holmdel; counsel recommended and the committee agreed to add a severability clause to make the ordinance more resilient to legal challenge.
The Holmdel Township Committee introduced ordinance 2026‑16 to establish data centers as a prohibited use in the township’s development regulations and set a public hearing for August 11, 2026. Counsel explained the draft consisted primarily of a definition and the prohibition; as originally written the ordinance was non‑severable. "If somehow there were a problem with any of it, we're simply saying that the whole thing would fail," the township attorney said, and he recommended adding a severability clause to preserve as much of the ordinance as possible if a court invalidates part of it.
The committee voted to introduce the ordinance with an amendment adding severability language. Members discussed the ordinance’s reach and whether the change would affect redevelopment agreements where data centers had previously been permitted; counsel said the interaction with specific redevelopment contracts is a separate, open legal question and that the ordinance establishes the township’s position in its zoning code while recognizing that contractual redevelopment rights may require additional legal analysis.
What’s next: The ordinance was introduced for first reading and will be set for public hearing and possible adoption on 2026‑08‑11; the township anticipates further legal review regarding overlap with existing redevelopment agreements.
