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Planning board finds proposed ban on data centers inconsistent with master plan
Summary
Jackson Township Planning Board voted that a proposed ordinance seeking to prohibit data centers is not substantially consistent with the township master plan, citing legal exposure and duplication of existing land‑use protections. The board’s formal consistency finding was 6–1 against the ordinance.
The Jackson Township Planning Board voted that a draft ordinance aimed at banning "data centers" is not consistent with the township’s master plan.
Ernie Peters, the board planner, framed the board’s role before the discussion and read the governing statute, saying: "Such ordinance shall either be substantially consistent with the land use plan element of the master plan or designed to effectuate such plan element." He told the board their task was to determine whether the council’s draft ordinance met that test.
Board members raised legal and practical concerns. Several members argued the master plan does not mention data centers and that explicitly prohibiting a use in an ordinance can increase the evidentiary burden at a subsequent D1 variance hearing—potentially encouraging litigation rather than preventing development. "If you prohibit something, what it does is it adds an additional detriment to the zoning and ordinance negative prong," a board attorney/expert warned during deliberations.
After discussion, a motion that the ordinance is "not consistent" with the master plan passed on roll call: Brazie (yes), Marzo (yes), Heler (no), Parks (yes), Rogers (yes), Sullivan (yes), Dr. Campbell (yes). The board recorded the finding so that the governing body and applicants have a formal consistency determination on the record.
Why it matters: A planning-board consistency finding is advisory to the governing body but remains a formal part of the municipal land‑use process. The board’s conclusion does not nullify the council’s authority to adopt an ordinance; it documents the board’s professional judgment that the draft does not align with the existing land‑use element. The board and several speakers urged clearer statutory and plan-based language if the council wants long-term protection against certain high-intensity uses.
What comes next: The council retains the power to adopt, amend or withdraw the ordinance. The board’s finding will be forwarded as part of the formal record for any further council action or legal review.
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