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Solicitor warns that inaction could allow Special Exceptions; commission weighs Overlay zone
Summary
Township solicitor told the Planning Commission that doing nothing could permit developers to seek Special Exceptions that would limit local control; the commission discussed creating an Overlay Zone to restrict where data centers are allowed.
At the Jan. 20 meeting, Solicitor Andy Herrold told commissioners that failing to adopt zoning controls could open the township to developer requests for Special Exceptions, a process that would constrain the board's ability to impose location or design conditions.
Commissioners discussed an Overlay Zone that would permit data centers only in specified portions of Agricultural and Commercial districts. They raised legal cautions about "spot zoning" if overlays were applied inconsistently. No ordinance language was adopted; the solicitor was asked to research zoning restrictions in the Commercial District and report back at the next meeting.
The commission's discussion framed the decision as a choice between proactive local controls (an Overlay) and a reactive posture that could rely on Special Exception proceedings. That legal distinction will inform whether the township retains discretionary controls over siting and conditions for future data center proposals.
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