On the May 27th agenda for Upper Merion Township’s planning commission is the review of four land development applications and one preliminary land development submission involving data centers, all in the Upper Merion area near the border with West Conshohocken.
The four applications and one submission are as follows:
- 2100 Renaissance Blvd – Land Development Application for a 187,946 sq ft Data Center in
the Suburban Metropolitan 1 (SM-1) Zoning District - 3200 Horizon Dr – Land Development Application for a 370,918 sq ft Data Center in the
Suburban Metropolitan 1 (SM-1) Zoning District - 2201, 2301, 2501, 2701 & 2901 Renaissance Blvd – Land Development Application for a
1,971,766 sq ft Data Center in the Suburban Metropolitan 1 (SM-1) Zoning District - 411 Swedeland Road – Land Development Application for a 1,677,800 sq ft Data Center in
the Limited Industrial (LI) Zoning District - 600 River Road – Preliminary Land Development Submission; 450,000 Sq Ft of Data Center
Development in the Heavy Industrial (HI) Zoning District
All of these items were submitted prior to the recent changes to the zoning code regulating data centers, adopted by the Upper Merion Township Supervisors. These five proposed data centers are not impacted by the zoning change. The planning commission’s role is to review the applications and make a recommendation to the board of supervisors.
It is important to note that the developer, Brian O’Neill, is not seeking the right to build these data centers. There is no zoning relief or zoning changes being sought. He is proposing them based on meeting the zoning requirements. If the land development plan for each proposed data center complies with established Subdivision and Land Development Ordinances, zoning codes, and environmental regulations, it would be difficult to deny them (and likely lead to a lawsuit).
In a recently issued statement, the Upper Merion Board of Supervisors acknowledged this reality and shared that the township is “actively working with the developer of the proposed data centers to comply with the recently adopted ordinance, even though they are not required to do so. The developer has agreed to voluntarily discuss implementing the advanced environmental standards, noise mitigations, visual buffers, and safety safeguards established in our new ordinance.”
Below is the full statement from the Upper Merion Board of Supervisors:
The Upper Merion Township Board of Supervisors share the concerns that many of you have expressed regarding the impact of data centers on our community. We remain committed to protecting the quality of life, environment, public safety, and infrastructure for our Township.
In line with this commitment, the Board of Supervisors recently enacted a targeted ordinance designed to strictly regulate the potential negative impacts of data center developments, including noise, energy and water consumption, and aesthetic concerns.
In addition, the ordinance regulates the size and height of data centers and requires data centers to be in certain zoning districts with significant residential setbacks and noise and visual buffers.
The Township must clarify the legal status of recent data center applications. Under the Pennsylvania Municipalities Planning Code (MPC), these applications were formally submitted prior to the enactment of the new ordinance. However, all existing ordinances regarding light, noise, and public safety will be strictly enforced. Pennsylvania law dictates that projects must be reviewed under the zoning regulations in effect at the same time of filing. Furthermore, the MPC prevents the Township from issuing a moratorium or enforcing an outright ban on data centers. Under state law, data centers must be recognized as a legitimate land use. Municipalities are legally required to provide a fair opportunity for all legitimate land uses to exist within their boundaries; failing to do so constitutes “exclusionary zoning,” which exposes the Township to severe legal challenges. In addition to the new applications, there are also data centers already operating within the Township that would not be subject to the recent ordinance. To date, the Township has not received complaints related to the existing data centers operations, but understands the concerns of residents related to the impact of data centers.
Despite these legal constraints, Township leadership is taking proactive measures. We are actively working with the developer of the proposed data centers to comply with the recently adopted ordinance, even though they are not required to do so. The developer has agreed to voluntarily discuss implementing the advanced environmental standards, noise mitigations, visual buffers, and safety safeguards established in our new ordinance.
In addition, the developer has agreed to hold meetings with residents related to their proposals. Upper Merion Township will continue to use every available legal and collaborative avenue to ensure these projects align with the best interests of our residents.