local regulation comparison

 

 

  Zoning District(s) Setbacks/Buffering Noise Level at boundary Min Lot Size Max coverage Max building height
Food & Water Watch Example Ordinance Industrial – Conditional 2,500 feet from residential boundary1,500 feet from boundary of an Agricultural, Rural, Conservation or Commercial boundary1,000 feet of any stream, wetland, or floodplain 45 dBA or 60 dBC at the property line adjoining any residential zone at nighttime hoursNot to exceed 40 dBA at other times.      
Cumberland County Planning Commission Recommendations “The way data centers are permitted, by right, conditional use, or special exception should be related to municipal land use policies.”* Recommends using existing commercial/industrial zoning setbacks, increasing when taller structures adjoin residential uses.Suggests 100 ft buffer yard from residential areas 57-67 decibels at the property line, not applicable during a power outageBecause data centers are 24/7 operations, regulating noise by time of day is not recommended 3 acres or existing min lot size for commercial or industrial uses 60-80% 80 – 100 ft
Middlesex Twp Data Center Overlay (Enacted) Overlay District – Permitted 35 ft yard setbacksParking lots must be 50 ft from residential boundaryStructures must be 100 ft from residential boundary No specified noise restrictionsIf abutting residential, mechanical equipment must be shielded by an “acoustical barrier.” 25 acres 70% 75 ft
North Middleton Twp Amendment (Enacted) Industrial (I) – ConditionalCommercial/Light Industrial (C/LI) – Conditional 100 ft when abutting residentialOtherwise, 75 ft in front; 50 side and rear Must not exceed pre-development noise levels by greater than 10 dB(A)max 55 dB(A) during daytime hours and 45 dB(A) during nighttime/weekend hours at the property line 1 acre** I: 70%**
C/LI: 60%**
I: 65 ft**
C/LI: 50 ft**
Hampden Twp Draft (Denied) Industrial General (IG) – PermittedOffice-Park (OP) – Conditional 100 ft buffer yard when abutting residentialShould be separated by occupied residential buildings by 200 ft Daytime: 67 dB(A)Nighttime/weekend: 57 dB(A) from the property line OP: 50 acres
Min lot size not required in Industrial
OP: 60%**
IG: 80%**
OP: 100 ft max, 50 ft at building line**
IG: 35 ft, but may be increased proportional to yard size**
Southampton Twp (Enacted) Overlay District – Conditional 50 ft front; 150 ft side/rear No specified noise restrictionsIf abutting residential, mechanical equipment must be shielded by an “acoustical barrier.” 3 acres 65% 35 ft

* Cumberland County’s whitepaper suggests the following guidance about districts for data centers, but ultimately states that the municipality should make this decision based on their existing land-use policies:

  • Industrial, light industrial, manufacturing – Permitted
  • Commercial – Permitted
  • Business or technology – Permitted
  • Mixed use – Conditional or special exception
  • Agricultural – Conditional or special exception
  • Overlay district in proximity to high voltage lines – Permitted or Conditional use or special exception

** Not defined in the data center section of the ordinance; drawn from zoning district’s ordinance language

Join us on June 11th for our informational Data Center Panel at the Carlisle Theater!
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