East Pikeland Adopts Data Center Rules Before Any Proposal Is Filed

East Pikeland Township supervisors adopted new zoning regulations for data centers Tuesday night, moving to control where and how such facilities could be be built before any potential application is filed.

The move comes as municipalities across southeastern Pennsylvania race to establish local rules in response to a growing wave of proposals for hyperscale data centers, aiming to ensure they have greater control over future development if an application arrives.

In nearby Limerick Township, a conditional use hearing is underway for a proposed data center near the Limerick Generating Station and Philadelphia Premium Outlets, while a separate proposal has been submitted for another facility at the former Publicker Distillery site in Linfield. Limerick officials also voted Tuesday to strengthen their data center regulations, according to a report from the Pottstown Mercury, although those changes would not apply to either pending proposal.

In neighboring East Vincent Township, the board of supervisors voted in May to deny a hyperscale data center proposed for the Pennhurst State School and Hospital property. The developer appealed that decision in June.

Other municipalities without active proposals, including Upper Providence Township, Royersford Borough, and Spring City Borough, have also begun drafting or implementing regulations in anticipation of potential future applications.

East Pikeland supervisors ultimately voted to adopt the ordinance amendment regulating data centers during their regular meeting that followed a public hearing at Hares Hill Elementary School. Officials moved the proceedings from the municipal complex to the school to accommodate a crowd of more than 200 people.

State Sen. Katie Muth, a vocal opponent of large-scale data center development who has called for a statewide three-year moratorium, attended the hearing. Muth has become a frequent presence at data center meetings throughout the region as proposals continue to emerge across her district.

During public comment, Muth urged East Pikeland officials to adopt what she described as one of the strongest possible local ordinances governing data centers, arguing municipalities have been forced to fill a regulatory gap left by the state.

"I'm not saying what you're being asked to do is fair," Muth told the board. "The state has failed you, and I'm here as a state senator saying that. The state has failed you, and I will fight till the end."

Muth encouraged supervisors to require environmental remediation of contaminated sites before any development, cap data center campuses at 20 acres, prohibit methane gas generation, strengthen noise limits, involve emergency responders earlier in the approval process, and remove language she said could inadvertently suggest data centers qualify as public utilities. She also warned that approving one hyperscale data center could encourage additional proposals nearby because developers tend to build facilities in clusters.

In response, Board Chair Ronald Graham said the township obtained information from Muth's office for guidance as it developed the ordinance, and he hopes to continue that collaboration for future amendments. He added that township officials "don't want a data center in here any more than anybody in this room" and emphasized that the board would not be deterred by potential legal challenges from developers.

"I'm not afraid of litigation," Graham said, noting that he and fellow supervisor Emily Gorge are both trial lawyers. "We understand the process, and if we get sued by a data center, I don't want to say that's okay, but we're not afraid of it."

Muth pledged to continue assisting East Pikeland as the township amends and finalizes its regulations.

Why the Township Changed Its Zoning

Township officials said Pennsylvania law generally prevents municipalities from prohibiting an otherwise lawful land use outright. Zoning and planning official Megan Donovin told residents that under the Municipalities Planning Code, municipalities must provide reasonable opportunities for every type of use or risk court challenges based on exclusionary zoning.

"A municipality cannot pick and choose and say no to a particular use because maybe they don't like it," a township representative said. Officials cited a Schuylkill Road billboard case the township previously lost as an example of the consequences of failing to account for a use.

The amendment adds data centers as a defined use and requires them to go through a conditional use process before the board of supervisors rather than a special exception before the zoning hearing board. Officials said the change gives the elected board more control, greater public notice, and the ability to impose reasonable conditions.

The ordinance also strengthens standards governing noise, vibration, emissions, air quality, water and sewer service, road use, and emergency response, while requiring regular reporting by any operator.

Where a Facility Could Be Built

Under the new rules, a data center could be permitted only in the township's Utility District, a long, narrow strip along the Schuylkill River that includes the former Cromby coal plant site now owned by PECO.

Officials said the district's shape, existing setbacks, open space requirements, and a minimum tract size of 20 acres would naturally limit the size of any facility and make a large hyperscale operation unlikely.

Officials repeatedly emphasized throughout the hearing that no data center application is currently pending in East Pikeland and said the township is acting proactively. The township's solicitor noted that if a proposal were submitted before the new regulations existed, the township would have far less control over its location and design.

Residents Raise Concerns

Public comment during the hearing lasted more than an hour. Residents raised concerns commonly associated with large-scaled data centers such as noise, low-frequency vibration, diesel backup generators, water and electricity consumption, effects on wildlife and property values, and potential health impacts, including questions about nearby schools and people with medical devices. Others questioned the reliability of studies submitted by applicants, though East Pikeland officials explained that any studies provided by a developer would be cross-reviewed by the township's own hired experts.

A former state air quality official offered technical suggestions on emissions monitoring, while residents from East Vincent and East Whiteland townships described their own experiences with data center proposals and encouraged continued public involvement.

A Committee and Future Amendments

Township officials acknowledged that many of the suggestions raised during the hearing could not be incorporated immediately.

The township solicitor said making substantive revisions before adoption would have required restarting the ordinance review process, including planning commission reviews and public advertising. Instead, he recommended adopting the ordinance now and pursuing amendments afterward.

Graham said the board will form a committee dedicated to the data center issue and invited residents with relevant expertise to participate. Officials said they intend to incorporate community feedback into another ordinance amendment expected within the coming months.

"We're looking at this as a living document that will continue to be examined and revised," the solicitor said.