Solicitor outlines data‑center ordinance work as council seeks protections
Summary
The borough solicitor said staff are drafting a data‑center ordinance using other municipalities' templates and warned municipal zoning need only be 'reasonable' not exhaustive; an executive order and state policy were cited for large, high-energy projects.
The solicitor told council staff are drafting a data‑center ordinance and drawing on work done by neighboring municipalities to identify appropriate zoning districts, size limits and technical standards. He said the borough can benefit from other municipalities' drafting experience while tailoring a local ordinance to Morrisville's scale and constraints.
When council members raised concerns about ensuring protections for residents, the solicitor summarized relevant case law and policy: municipalities are required to be reasonable in their zoning but cannot be expected to foresee every novel industrial use. He added that a recent gubernatorial executive order adds state oversight for larger data centers that require more than 25 megawatts, which could make very large projects subject to additional state review.
"You don't have to be perfect. You have to be reasonable," the solicitor told council, describing the legal standard he expects courts to apply. Staff said they expect to deliver a draft ordinance in the coming months for council review and public input.
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