On the agenda: Hermitage meeting — data center (Jul 2)

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SPECIAL MEETING AGENDA

CITY OF HERMITAGE
BOARD OF COMMISSIONERS

Duane Piccirilli, President
William J. Moder, III, Vice-President
Louis E. Squatrito, Member
John Moroco, Member
Cameron S. Linton, Member

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PLEASE SHUT OFF ALL CELL PHONES

July 2, 2026
6:00 PM

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Call to Order
Roll Call
Public Comments

PUBLIC HEARING of an ordinance amending the Hermitage Zoning Ordinance to
define the terms “data center” and “technology center”; provide appropriate zoning
districts; and adding specific requirements and criteria for the data center use.

FINAL VOTE of an ordinance amending the Hermitage Zoning Ordinance to
define the terms “data center” and “technology center”; provide appropriate zoning
districts; and adding specific requirements and criteria for the data center use.

Public Comments

Adjournment

CITY OF HERMITAGE
MERCER COUNTY, PENNSYLVANIA

ORDINANCE NO. - 2026

AN ORDINANCE OF THE CITY OF HERMITAGE,
MERCER COUNTY, PENNSYLVANIA, IN ACCORDANCE
WITH THE PENNSYLVANIA MUNICIPALITIES
PLANNING CODE (“MPC”), AMENDING A PORTION OF
CHAPTER 27 OF THE HERMITAGE CODE OF
ORDINANCES, RELATED TO ZONING, ALSO KNOWN AS
THE “HERMITAGE ZONING ORDINANCE”; TO AMEND
THE CURRENT DEFINITION OF “DATA CENTER” TO A
MORE APPROPRIATELY TERMED “TECHNOLOGY
CENTER” AND CREATE A NEW DEFINITION OF “DATA
CENTER” THAT APPLIES TO THE CURRENT
DESCRIPTION OF SUCH A_ USE; PROVIDING
APPROPRIATE ZONING DISTRICTS FOR THE NEW
DATA CENTER USE AS A CONDITIONAL USE; AND
ADDING SPECIFIC REQUIREMENTS AND CRITERIA
FOR THE DATA CENTER USE.

WHEREAS, the City of Hermitage encourages the reasonable development of all legal
uses of property for the benefit of City residents and guests; and

WHEREAS, the term “Data Center” in the Zoning Ordinance refers to a use that
significantly differs from the current commonly understood meaning of such a use, which requires
changing the former definition to a “Technology Center,” while providing a new definition for the
“Data Center” use; and

WHEREAS, data centers are rapidly expanding in use and are not currently regulated at
the state level in Pennsylvania and may exert significant impacts related to energy demand, water
consumption, noise, vibration, and environmental quality; and

WHEREAS, the Board of Commissioners desires to enact a provision to permit data
centers as conditional uses in the appropriate zoning district to ensure any such development is
compatible with the surrounding community and infrastructure and to protect neighboring property
owners who could be harmed by their use;

NOW, THEREFORE, BE IT ORDAINED AND ENACTED BY THE BOARD OF
COMMISSIONERS OF THE CITY OF HERMITAGE, MERCER COUNTY,
PENNSYLVANIA, AND THE CITY OF HERMITAGE HEREBY ORDAINS AND
ENACTS BY THE AUTHORITY OF THE SAME AS FOLLOWS:

SECTION 1. AMENDMENT OF CHAPTER 27, PART 2, DEFINITIONS. Chapter
27, Part 2, Section 202, related to Specific Terms is hereby amended to change the definition of
“Data Center” to “Technology Center,” based on the current understanding of such uses, and which
shall read as follows:

TECHNOLOGYDATA CENTER ~ A centralized repository. either physical or virtual

for the storage. management and dissemination of data and information organized around
a particular body of knowledge or pertaining to a particular business. Such use shall not
include those structures or uses defined as a Data Center herein.

SECTION 2. AMENDMENT OF CHAPTER 27, PART 3, DISTRICT
REGULATIONS. Chapter 27, Part 3, is hereby amended as follows:

The use tables provided for in Sections 308.20 (CC) and 310.20 (B-2) shall be amended so
that the Permitted Use of “Data Center” is amended to read “Technology Center.”

SECTION 3. AMENDMENT OF CHAPTER 27, PART 2, DEFINITIONS. Chapter
27, Part 2, Section 202, related to Specific Terms is hereby amended to provide new terms which
shall read as follows, with each term being located in alphabetical order in said section:

DATA CENTER - A facility primarily used for housing computer systems and associated

components, including servers. data storage and processing systems, and auxiliary
infrastructure or structures such as cooling systems. power generators. electrical
substations, and network hardware. Any data center or use ancillary to a data center shall
be considered a principal use.

AMBIENT NOISE LEVEL — The all-encompassing noise level associated with a given
environment, being a composite of sounds from all sources at the location constituting the
normal or existing level of environmental noise at_a_given location without extreme
atmospheric conditions, such as wind greater than three meters per second or precipitation.
and then adjusting the noise level to eliminate any noise associated with then existing
development of facilities.

The noise level shall be established based on a test performed during a continuous seventy-
two-hour time span which shall include at least one twenty-four-hour reading during either

a Saturday or Sunday. The testing shall be done by a qualified noise control engineer or

other qualified person approved by the City and shall be in accordance with specifications
ANSI $12.18-1994 Method II and ANSI SIL.4-1971. The City reserves the right to hire a

third-party consultant to witness testing and review the results. The third-party costs will

be deducted from the facility operator’s escrow deposit. The sound level meters used shall
meet the American Standard Institute’s standard for a Type I sound level meter.

DECIBEL (DB) — A unit for measuring the intensity of a sound/noise: equal to 10 times
the logarithm to the base 10 of the ratio of the measured sound pressure, squared to a
reference pressure of 20 micropascals.

SECTION 4. AMENDMENT OF CHAPTER 27, PART 3, DISTRICT
REGULATIONS. Chapter 27, Part 3, is hereby amended as follows:

The use tables provided for in Sections 314.20 (LI) and 315.20 (HI) shall be amended so
that the use of “Data Center” is permitted as a Conditional Use and Subject to the Additional
Regulations in Section 321.500.

SECTION 5. ADDITION OF SECTION 321.500, DATA CENTERS. A new Section
321.500, pertaining to Data Centers, is hereby added to provide particular use criteria, and shall
read as follows:

In addition to criteria provided in the underlying zoning district. Data Centers shall meet
the following additional requirements:

A. Setback:

1) All buildings, cooling systems. accessory facilities, and_associated accesso:

structures must be located a minimum of 1.500 feet from any residential zoning district

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(2) All buildings, cooling systems. accessory facilities, and associated accessory

structures must be located a minimum of 1.500 feet from any non-residential zoning
district boundary.

3) All buildings. cooling systems. accessory facilities, and associated accesso
structures must_be located a minimum of 1,000 feet from any stream, wetland, or

floodplain as delineated on official City maps.
(4)_No structure, accessory equipment. or appurtenance shall occupy any required

setback area.

B. Noise and Vibration

(1) The applicant _must_submit_a_professional_pre-construction_study establishing
baseline ambient noise and vibration levels, as well as predicted operational impacts.

(2) Noise from operations, including cooling units and backup generators, shall not
exceed 45 dBA or 60 dBC at the property line adjoining any residential zone between
10:00 p.m. and 7:00 a.m.. and shall not exceed 55 dBA at other times. These thresholds
are consistent with health-based guidelines established by the American National
Standards Institute (ANSI). the World Health Organization (WHO). and the U.S.
Environmental Protection Agency (EPA). and are intended to protect against both high-
frequency and low-frequency tonal noise.

(3) Following commencement of operations. an as-built noise and vibration study must
be performed within one month to confirm compliance.

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(4) The applicant shall provide a vibration study prepared by a qualified professional
that demonstrates that no vibration from the Data Center or associated equipment and
structures will be perceptible to the human sense of feeling beyond the property line.

(5) Third-party reviews shall be provided at the Applicant’s cost and from experts
agreeable to the City.

Utilities and Infrastructure

(1) Applicant shall submit at the time of application documentation of utility

interconnection agreements verifying adequate grid capacity.

(2) Applicant shall provide at the time of application an analysis of potential ratepayer
impacts. including projected effects on public electric rates or service reliability which
shall be provided by a person or entity approved by the City.

(3) Applicant shall provide at the time of application detailed estimates of daily and

annual water use.

(4) If connected to public water supplies. applicant shall include documentation of the
available water capacity at the time of application. which shall include_a_water
feasibility study.

(5) The applicant shall provide for a closed-loop or similar system. The use of water
from any waterway. and the discharge of water into a waterway, shall be prohibited.

(6) Backup Power:

1. Diesel generators shall meet Tier 4 emission standards_of the U.S.

Environmental Protection Agency.

2. Diesel generators shall undergo annual testing, and reports shall be provided to
the City to ensure that data center equipment is performing as designed and that
emissions from the data center do not exceed permitted limits.

3. Emergency energy generation that uses diesel, gasoline, or another fossil fuel
shall be used only at the following times:

a. When the primary source of energy is not available due to an emergency

outage.
b. During routine maintenance, or readiness testing for a short duration of

time and capped at 100 hours per year.
c. Routine maintenance testing of back-up fossil fuel-powered generators
is restricted to the hours of 9am through 3pm Monday through Friday.

(7) Any energy generation system designed or used to supply power directly to a
Data Center during normal operations. including energy generation systems, shall
not be considered part of the Data Center use. Such systems shall be considered a

separate use and shall be approved by a separate permit according to the zoning
regulations and federal and state regulations applicable to such use.

(8) Nuclear, coal and oil powered generation is prohibited for full-time electrical
generators. All generators must operate and comply with applicable state_and
federal guidelines and permitting standards.

D. Environmental Impact Assessment. Applicant shall submit at the time of application
a comprehensive assessment from licensed professionals in their respective field that
shall address the following subjects:

1. Effects on ecosystems. stormwater, and water resources:

2. Air quality and emissions:

3. Energy consumption and greenhouse gas impacts: and

4. Infrastructure implications, including waste. heat and traffic

E. Scale and Aesthetics

(1) Each principal building shall include an articulated main entrance. This entrance
shall be differentiated from the rest of the building with a change in building material.
pattern, texture. color, or architectural accent. It shall also either project from or be
recessed from the adjoining building plane.

(2) Fencing shall not include barbed or razor wire and shall comply with all other fence
regulations in the Zoning Ordinance.

(3) Applicant shall enclose and screen all mechanical equipment. including generators.

F. Dimensional Standards

(1) Minimum Lot Size: Data Centers over 100,000 square feet in gross floor area shall

have a minimum lot area of 5 acres.

(2) The maximum height shall be inclusive of rooftop appurtenances and rooftop
accessory uses.

(3) Roof mounted equipment shall be set back from the parapet at least as far as the
equipment’s height above the roof surface.

(4) All lights and light poles shall be located at least 10 feet from any street right-of-
way or property line, and all lighting shall be fully shielded and reflected away from
adjacent streets and properties.

G. Emergency Management. The applicant shall submit an Emergency Response Plan

(ERP) prepared by a qualified professional.

(1) The ERP shall:

a. Be reviewed and accepted by the local fire department and City public safety
services as part of the conditional uses process:

b. Include detailed procedures for fire suppression, containment. ventilation, and
evacuation:

c. Include an evaluation of the access roads and hydrant locations within the site
to ensure suitable access for emergency equipment within the site:

d. Ensure that all first responders receive adequate training specific to the installed
system: and

e. Include provisions for annual fire safety inspections demonstrating compliance
with fire safety standards to be performed by a qualified professional on behalf of
the Data Center, in addition to periodic fire inspections conducted by the City.

(2) Any Data Center use proposing battery storage or any other device or group of

devices capable of storing energy in order to supply electrical energy at a later time,

whether the energy is stored for use on-site or off-site. shall demonstrate compliance
with National Fire Protection Association (NFPA) Standard 855, Installation_of

Stationary Energy Storage Systems. or similar standards and _must_include_fire
suppression systems designed specifically for battery storage. The addition of batteries
must be approved through a land development plan.

(3) No Data Center shall be approved unless the applicant demonstrates that procedures
for fire suppression, containment. ventilation, and evacuation are sufficiently protective
of public health, safety and welfare.

(4) Applicant shall design all routes of ingress and egress from every structure on the
property to provide emergency vehicle access in accordance with practices of the fire
department.

H. Decommissioning and closure.

(1) Decommissioning Plan Required — At the time of application. the operator shall
submit a Decommissioning Plan prepared by a qualified professional. The plan shall
outline the procedures for safe shutdown, removal of equipment, disposal or recycling

of materials. and site restoration.

(2) Financial Reassurance — As part of the Decommissioning Plan, applicants must post
a bond, escrow. letter of credit, or other financial security acceptable to the City in the
amount of 110% of the cost of decommissioning and site restoration as _set by a
qualified professional engineer. The engineer shall be acceptable to the City, and all
fees shall be paid by the applicant. The financial assurance shall be reviewed and
adjusted every two (2) years to reflect inflation and updated cost estimates through a

qualified professional engineer acceptable to the City. with all such fees paid by the
applicant.

(3) Timeframe for Decommissioning — Decommissioning must begin within one year
of cessation of data center operations. or upon notice of abandonment by the operator,
whichever occurs first. Decommissioning shall be completed _within 18 months
thereafter unless extended by the City for good cause.

(4) Standards for Decommissioning:

a. All above-ground structures. equipment, and accessory facilities shall be

removed

b. Hazardous materials. including batteries. fuel. or refrigerants, shall _be
disposed of in compliance with state and federal law.

c. Disturbed soils shall be stabilized and re-vegetated

d. Any utility connections shall be safely disconnected and capped

e. The site shall be restored to a condition compatible with surrounding land
uses or consistent with the most restrictive adjacent zoning district.

I. Conditional Use Review

(1) An application fee of $5.000 shall accompany each conditional use application, and
the applicant shall pay all professional fees incurred by the City in review and

administration of this section. .

(2) The application must include:

a. Full and complete Conditional Use application

b. Documentation of required studies (noise, water. environmental, ratepayer, etc)
c. Plans for electricity and water infrastructure

d. Mitigation or contingency strategies

e. Elevations/renderings of all building facades visible from off-site.

f. Emergency Management Plan

g. Decommissioning Plan

SECTION 6. AMENDMENT OF TABLE OF CONTENTS. The Table of Contents
shall be amended to properly reflect the changes in definitions, section headings, pagination, and
all other terminology added, removed, or amended in this Ordinance.

SECTION 7. SEVERABILITY. The provisions of this Ordinance shall be severable
and, if any of the provisions hereof shall be held unconstitutional, void or otherwise unenforceable,
such shall not affect the validity of any of the remaining provisions of said Ordinance.

SECTION 8. EFFECTIVE DATE. The provisions of this ordinance shall become
effective in seven (7) days.

HERMITAGE ORDAINS AND ENACTS AND IT IS HEREBY ORDAINED AND
ENACTED FINALLY INTO LAW BY THE BOARD OF COMMISSIONERS OF THE
CITY OF HERMITAGE THIS 2nd DAY OF JULY, 2026.

CITY OF HERMITAGE
ATTEST: BOARD OF COMMISSIONERS

By:
Gary Hinkson, Secretary Duane Piccirilli, President