On the agenda: Luzerne County meeting — Data Center (Apr 9)

DOCKET
LUZERNE COUNTY PLANNING COMMISSION
April 9, 2026

MINUTES
Action on the Minutes of the March 12, 2026, meeting.

OLD BUSINESS:
1. The Luzerne County GIS, Planning & Zoning Department is reviewing an
amendment to the Luzerne County Zoning Ordinance, that was adopted March 9,
2021, for consideration and comment from the Luzerne County Planning
Commission and the public. The Ordinance amending the Luzerne County Zoning
Ordinance includes definitions pertaining to Data Centers, related uses, land use
conditions, standards for such uses and the zoning districts that Data Centers will
be permitted. (Enclosed)
2. The Luzerne County GIS, Planning & Zoning Department is introducing an
amendment to the Luzerne County Zoning Ordinance, that was adopted March 9,
2021, for consideration and comment from the Luzerne County Planning
Commission and the public. The Ordinance amending the Luzerne County Zoning
Ordinance includes definitions pertaining to Battery Energy Storage Systems
(BESS), related uses, land use conditions, standards for such uses and the zoning
districts where BESS will be permitted. (Enclosed)
3. The Luzerne County GIS, Planning & Zoning Department is introducing an
amendment to the Luzerne County Zoning Ordinance, that was adopted March 9,
2021, for consideration and comment from the Luzerne County Planning

Commission and the public. The Ordinance amending the Luzerne County Zoning
Ordinance includes definitions pertaining to new requirements for landscape
buffers between industrially zoned land and residentially zoned land. (Enclosed)
4. The Luzerne County GIS, Planning & Zoning Department is introducing an
amendment to the Luzerne County Subdivision/Land Development Ordinance
(SALDO), adopted November 14, 1963, and updated September 25, 2012,
consideration and comment from the Luzerne County Planning Commission. The
Ordinance amending the Luzerne County Subdivision/Land Development
Ordinance (SALDO) includes definitions pertaining transit considerations for land
developments near fixed route transit. (Enclosed)
5. The Luzerne County GIS, Planning & Zoning Department is introducing an
amendment to the Luzerne County Subdivision/Land Development Ordinance
(SALDO), adopted November 14, 1963, and updated September 25, 2012,
consideration and comment from the Luzerne County Planning Commission. The
Ordinance amending the Luzerne County Subdivision/Land Development
Ordinance (SALDO) includes definitions pertaining to Financial
Security/Performance Bonding and Developer’s Agreement, alterations to plan
submission requirements and general updates to plan design standards and plan
requirements.

20260308_LCPC_Zoning_Oridnance_Amendment_1_of_2026_V3_Data_Centers

Luzerne County Zoning Ordinance
Amendment 1 of 2026
Version 3
All text in this document that is the color black is the same as version 2.1 If text in this
document, that is red and underlined, has been added in version 3. If the text in this version of
the document is red and has a strikethrough, it has been removed in version 3. Version 3 is a
clean-up of version 2.1.

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LUZERNE COUNTY, PENNSYLVANIA
ORDINANCE NO. _______
AN ORDINANCE OF THE LUZERNE COUNTY COUNCIL,
PENNSYLVANIA, TO AMEND THE LUZERNE COUNTY ZONING
ORDINANCE TO DEFINE AND ADD SPECIFIC REQUIREMENTS FOR
DATA CENTERS AND DATA CENTER ACCESSORY USES WITHIN
MUNICIPALITIES UNDER LUZERNE COUNTYS ZONING ORDINANCE
JURISDICTION.
WHEREAS, Article VI of the Pennsylvania Municipalities Planning Code, 53
P.S. § 10601, et seq., authorizes LUZERNE COUNTY to enact, amend and repeal Zoning
Ordinances within the COUNTY and
WHEREAS, the LUZERNE COUNTY COUNCIL deems it to be in the best
interest and general welfare of the residents of LUZERNE COUNTY to update and
amend provisions of the LUZERNE COUNTY Zoning Ordinance to provide for Data
Centers and Data Center Accessory Uses; and
WHEREAS, the LUZERNE COUNTY COUNCIL of LUZERNE COUNTY desires to
add provisions to the Zoning Ordinance relating to Data Centers and Data Center Accessory
Uses;
NOW, THEREFORE, BE IT ORDAINED AND ENACTED, by the LUZERNE
COUNTY COUNCIL of LUZERNE COUNTY as follows:
Section 1. Section 203 of the Luzerne County Zoning Ordinance, entitled Definitions, is
amended to add the following definitions:
Battery/Stationary Energy Storage Systems - Large scale technologies designed
to store electricity for later use.
Campus Development: a single site or group of contiguous parcels planned and
developed as one integrated Data Center Facility
Closed Loop Cooling System: Designed to circulate water within a closed circuit,
allowing it to absorb heat from equipment and then release that heat through a heat
exchanger or cooling tower. This system minimizes water loss and reduces
environmental impact by reusing the same water repeatedly.
Community Incentive Package: Programs or contributions to public safety,
health, education, community amenities, or infrastructure enhancements designed
to offset project impacts and promote County/Municipal welfare. Must be
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proportional to project scope and impact, and enforceable via Developer’s
Agreement.
Data Center: A building or buildings which are occupied primarily by computers
and/or telecommunications and related equipment where digital information is
processed, transferred and/or stored, primarily to and from offsite locations. This
use does not include computers or telecommunications related equipment that is
secondary and customarily incidental to an otherwise permitted use on the property,
such as servers associated with an office building. This use shall also include
cryptocurrency mining, blockchain transaction processing, server farms, general
computing, and artificial intelligence (AI) computing. The facility may also include
air handlers, power generators, water cooling and storage facilities, utility
substations, and other associated utility infrastructure to support sustained
operations at the Data Center. A Data Center may include Data Center Accessory
Uses.
Excluded Uses. Data Center Accessory Uses do not include a utility-scale
electric generating plant or other primary power production facility
intended for sale/export of electricity or for normal, continuous, nonemergency operations beyond the site, which shall be regulated as a separate
principal use.
Modular Data Center: A mobile pre-engineered and/or prefabricated building,
complete with power and cooling infrastructure, used to house computer servers
and network equipment.
Data Center Accessory Use: Ancillary uses or structures secondary and incidental
to a Data Center use, including but not limited to: administrative, logistical, fiber
optic, storage, and security buildings or structures; sources of electrical power such
as generators used to provide temporary power when the main source of power is
interrupted; electrical substations; utility lines; domestic and non-contact cooling
water and wastewater treatment facilities; water holding facilities; pump stations;
water towers; environmental controls (air conditioning or cooling towers, fire
suppression, and related equipment); security features, provided such data center
accessory uses/structures are located on the same tract or assemblage of adjacent
parcels developed as a unified development with a Data Center. The use shall not
include energy generation systems used or intended to be used to supply power to
the Data Center during normal operations.
Excluded Uses. Data Center Accessory Uses do not include a utility-scale
electric generating plant or other primary power production facility
intended for sale/export of electricity or for normal, continuous, nonemergency operations beyond the site, which shall be regulated as a separate
principal use.
Data Center Electrical Substation: A facility used for the transformation or
transmission and/or switching of voltages to distribution voltages which switches
circuits and distributes usable/consumable electric power, specifically for Data
Center users on the same or adjacent site, or on a site immediately across a road
right-of-way.
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Data Center Equipment: Equipment, systems, and appurtenances customarily
associated with and incidental to the operations of a Data Center, including:
electrical switchgear; transformers; uninterruptible power supply (UPS) systems;
battery energy storage systems (BESS) serving UPS or emergency functions;
cooling and heat rejection equipment (including chillers, cooling towers, dry
coolers, pumps, and related mechanical systems); standby/emergency generators;
fuel storage tanks serving standby/emergency generators; and associated enclosures
of this Ordinance, including noise, lighting, buffering/screening, stormwater, and
safety requirements.
Data Center Campus: Two (2) or more Data Centers, together with associated
Data Center Accessory Uses, Data Center Equipment (DCE), and supporting
infrastructure, located on one parcel of land, planned and operated as an integrated
facility pursuant to a unified development plan.
Data Center Principal Building: A building that contains the office and/or data
storage functions of a Data Center.
Data Centers can fall under the three categories below:
•

Hyperscale Data Center: Consists of a singular structure or a campus
comprising of a minimum of 100,000 ft2 and a maximum consumption of
200 MWs.

•

Major Data Center: Consists of a singular structure or campus comprising
a minimum of 20,000 ft2 and strictly less than 100,000 ft2 and a maximum
consumption of 100 MWs.

•

Edge Data Center: Consists of a singular structure or campus with an area
strictly less than 20,000 ft2 (may include modular data centers) and a
maximum consumption of 20 MWs.

Developers Agreement: An agreement in writing prepared and submitted by the
applicant/developer at time of submission to zoning hearing board. This agreement
shall include, but is not limited to, the intent to include of a community incentive
package, an agreement to submit all annual reports and studies set forth in this
ordinance, by an accredited or licensed professional, any proposal from said
applicant/developer that intends to include “bring your own power”, alternative,
and renewable energy resources, and an affidavit letter of understanding that
financial security in the form of bonds, letters of credit, escrow accounts, cash, or
other financial instruments accepted by the governing body in the amount sufficient
to cover applicable bonding set forth in this ordinance shall be required prior to the
submission of a land development plan in accordance with the SALDO of Luzerne
County, in amounts to be determined by the County Engineer. The
applicant/developer is required to provide at the time of application an affidavit
agreeing to the provisions set forth in this developer’s agreement.
Operator: Any person or entity that owns, leases, manages, operates, or controls a
Data Center or Data Center Campus, including any successor operator.

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SMR – Small Modular Reactor: The small modular reactor (SMR) is a class of
small nuclear fission reactors, designed to be built in a factory, shipped to
operational sites for installation and then used to power buildings or other
commercial operations. SMR designs include pressurized water, generation
IV, thermal-neutron reactors, fast-neutron reactors, molten salt, and gas-cooled
reactor models, as examples. An SMR must be of a design fully licensed
and permitted by
the
NRC
(Nuclear Regulatory
Commission). Nuclear reactors similar to Susquehanna Steam Electric
Station, Three-Mile Island and The Limerick Generating Station are expressly
excluded from the definition of an SMR and are not permitted in the DCET. An
SMR may only be considered after approval as a Special Exception. An SMR will
be considered a Data Center Accessory Use.
•
•

All of the municipalities that have included this definition have
required the use be considered separate from the Data Centers and
considered a special exception or conditional use.
I’ve recommended municipalities discuss the release of cooling
waters from the SMR systems with their solicitors, to see if they can require
a water study, or documentation indicating where/how any cooling water
will be released, because I’m not sure if it is legally sound. Requiring such
a study or documentation may go beyond the federal requirements.

Sensitive Receptors: Includes residential uses, schools, preschools, daycare
centers, in-home daycares, long term care facilities, retirement and nursing homes,
hospitals, animal rescues, animal hospitals, kennels, community centers, places of
worship, cemeteries, historical sites, parks/park land (including trails/water trails ),
recreational facilities, agricultural lands, conservation lands (including state forests
and state game lands), PA Fish and Boat Commission “Class A” and “Exceptional
Value (EV)” waters, fisheries, fish farms, campgrounds, prisons, and dormitories,
and any residence where such residence is not located on a parcel with an existing
industrial, commercial, or unpermitted use.
Section 2. Article 5 (Standards for Specific Uses) is amended to add Section 552, Data Centers
and Data Center Accessory Uses:
Data Centers and Data Center Accessory Uses
A. Hyperscale Data Centers and Major Data Centers shall be permitted by SPECIAL
EXCEPTION in the HEAVY INDUSTRIAL (HI), and MINING (MI) Zoning Districts
when approved in compliance with the procedures, standards, and criteria contained in this
ordinance. Hyperscale Data Centers and Major Data Centers shall also be permitted by
SPECIAL EXCEPTION in the LIGHT INDUSTRIAL (LI), GENERAL BUSINESS (GB),
and HIGHWAY BUSINESS (HB), barring any additional/applicable state and federal
regulations, if the proposed data center development is on the same parcel as an existing
power generation station as of the date this ordinance is enacted.
B. Edge Data Centers (including Edge data centers, Microdata centers, and Modular data
centers) shall be permitted by SPECIAL EXCEPTION in the GENERAL BUSINESS
(GB), HIGHWAY BUSINESS (HB), HEAVY INDUSTRIAL (HI), LIGHT INDUSTRIAL
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(LI) and MINING (MI) Zoning Districts when approved in compliance with the
procedures, standards, and criteria contained in this ordinance
C. No data center development shall be permitted through a variance on any other zoning
designation as of the date this ordinance is enacted.
D. Setbacks
1. Edge and Minor Data Centers (including Data Center Accessory Uses) shall be set
back [1000] feet from the boundary of [RESIDENTIAL ZONING DISTRICT(S)
INCLUDING AGRICTULTURAL AND CONSERVATION ZONES WITH A
RESIDENCE] or the lot line of any property developed with a sensitive receptor.
2. Hyper and Major Data Centers (including Data Center Accessory Uses) shall be set
back [2000] feet from the boundary of [RESIDENTIAL ZONING DISTRICT(S)
INCLUDING AGRICTULTURAL AND CONSERVATION ZONES WITH A
RESIDENCE] or the lot line of any property developed with a sensitive receptor.
3. Road rights-of-way – 1,000 feet from all adjoining properties and public road
rights-of-way.
4. Parking lots – 50 feet from public road rights-of-way, and from all property lines.
5. Waterbodies – 500 feet to any body of water, perennial or intermittent stream or
wetland.
E. Dimensional/Architectural Standards. The dimensional standards of Data Centers and
Data Center Accessory Uses shall be in accordance with [SECTION 308 (EXISTING
STANDARDS APPLICABLE TO RELEVANT ZONING DISTRICT)], with the
following exceptions:
1. The maximum building height for a Data Center shall be determined by Appendix 2 of
the zoning ordinance, inclusive of roof-mounted equipment such as cooling and
ventilation systems, HVAC units and cooling towers. The developer may request a
waiver from this building height. The waiver must be in writing, shall include
certification from the local fire department which services the proposed location or the
Data Center that a building taller than the heights outlined in Appendix 2 can be
properly protected, and shall accompany and be part of the application for Land
Development review.
1. The maximum height of Data Center Accessory Uses shall be no greater than the height
of the principal building.
2. Unless physically impossible, loading bays, truck entries, truck drive aisles, and refuse
collection points shall be located away from nearby Sensitive Receptors.
3. Guardhouse/Kiosk Exception. A single-story guardhouse/security kiosk at the primary
entrance driveway may be located no closer than twenty-five (25) feet from the street
right-of-way, provided it: (i) is not closer than two hundred (200) feet to any other
exterior boundary of the parcel; (ii) does not exceed four hundred (400) square feet of
gross floor areas; (iii) contains no fuel storage and no power generation equipment; and
(iv) complies with applicable sight-distance and clear-sight triangle requirements.
4. Landscape Buffer. A landscape buffer is required between Data Centers and Data
Center Accessory uses and any adjoining [residential zoning districts including
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agricultural and conservation zones with a residence], sensitive receptor, or public
roadway. The landscape buffer shall comply with the following requirements:
a. The landscape buffer shall be at least [100] [50] feet in width and may be
part of the minimum setback distance.
b. Buffer plantings shall consist of native, non-invasive species and consist
of pollinator habitat restoration to offset all habitat loss and planted as
follows:
1. One (1) large evergreen tree per 25 linear feet of buffer. The size of
large evergreen trees shall be a minimum of eight (8) feet in height
at the time of planting.
2. One (1) deciduous canopy (shade) tree per 75 linear feet of buffer.
Size of canopy (shade) trees shall be a minimum of 2½ inch caliper
at the time of planting.
3. One ornamental/flowering tree per 50 linear feet of buffer. The size
of ornamental/flowering trees shall be a minimum of eight (8) feet
in height for multi-stemmed varieties, or 2½ inch caliper at the time
of planting for single-stemmed varieties.
4. Five (5) shrubs per 25 linear feet of buffer. Size of shrubs shall be
fully branched and minimum of three feet in height at the time of
planting. Shrubs shall be a combination of evergreen and deciduous
species, with a minimum of 50% being evergreen.
c. In the event that existing vegetation is adequate to meet the required buffer
yard to screen the Data Center and Data Center Accessory Uses from
adjoining residences, sensitive receptors, and public roadways, the Zoning
Hearing Board upon recommendation by the Township Engineer and
Planning Commission, may determine that existing topography and/or
vegetation constitutes all or part of the required buffer yard.
5. Landscape Bond
a. The developer or landowner shall provide deposit with the County a sum
of money equal to the amount necessary to cover the cost of purchasing,
planting, maintaining, and replacing all vegetative materials for a period
of (18) months.
b. Any tree or shrub planted as a part of the landscape buffer requirements
within (18) months of planting or replanting is deemed, in the opinion of
the County, not to have survived or to have grown in a manner
uncharacteristic of its type shall be replaced in kind within ninety (90)
days of County notice or by the end of the next planting season, whichever
is later. Substitutions for certain species of plants may be made only when
approved by the County
6. In the case where berms are not feasible due to utilities, topography, or other valid
constraints, the following alternative screening methods may be approved:
c. Decorative walls with integrated landscaping (minimum of six (6) feet in
height).
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d. Dense evergreen hedge planting (minimum of eight (8) feet in height at
maturity).
e. Combination of existing vegetation preservation and supplemental
planting.
7. Existing Vegetation/Topography Credit. Existing vegetation and/or topography may be
credited toward the buffer requirements where the Applicant demonstrates, through
plans and field verification, that the existing conditions provide substantially equivalent
year-round screening. The Applicant shall submit: (i) a plan identifying
vegetations/topography to remain, (ii) construction protection measures (including
limits of disturbance and tree protection, and (iii) any supplemental planting required
to achieve equivalent screening. Any credited vegetation removed or destroyed shall
be replaced to meet the requirements of this Section.
F. Screening and Fencing
1. To provide visual screening and reduce noise levels, ground-mounted and roofmounted equipment used for cooling, ventilating, or otherwise operating the facility,
including power generation or other power supply equipment, that is located within
[300] feet of a public roadway, residential zoning districts including agricultural and
conservation zones with a residence [RESIDENTIAL ZONING DISTRICT(S)
INCLUDING AGRICTULTURAL AND CONSERVATION ZONES WITH A
RESIDENCE], or the lot line of any sensitive receptor must be fully enclosed, except
where not mechanically feasible based on the manufacturer’s specifications. If it is not
mechanically feasible to fully enclose the equipment, it must be fully screened from
public view and public right-of-way using one or more of the following means:
a. The landscape buffer required by subsection (E) above.
b. By existing vegetation that will remain on the property.
c. By the principal Data Center building or an accessory building
d. A berm averaging a minimum of fifteen (15) feet in height above the
adjacent average ground level with a maximum side slope of 3:1, provided
that the berm shall be covered by a well-maintained all season natural
ground cover and any required screening plantings shall be arranged on the
outside and top of the berm.
e. A visually solid fence, screen wall or panel, parapet wall, or other visually
solid screen that shall be constructed of materials compatible with those
used in the exterior construction of the principal building.
2. Fencing of the property is permitted, provided that fencing along public and private
roadways is not chain-link, with or without slatted inserts, and does not include barbed
wire or other similarly visibly intrusive deterrence device. An applicant shall not be
required to comply with this requirement if fencing is fully screened from view by one
or more of the means identified in subparagraph 1 above. Fences shall be six (6) feet
height at a minimum (may not exceed ten (10) feet in height).
G. Noise and Vibration [Additionally, see section 808 (Environmental Impact Statement) and
808.10 (Noise)]
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1. The applicant shall demonstrate through a sound study from all directions of the
site conducted by a third party professional acoustical expert that the sound
generated by a Data Center and/or Data Center Accessory Uses during normal
operations shall be limited to a maximum daytime (8:00 a.m. to 5:00 p.m.
Monday-Friday) decibel level of 55 dB(A) and a maximum nighttime and
weekend (5:00 p.m. to 8:00 a.m. Monday-Friday and all day Saturday and Sunday
and holidays) decibel level of 45 dB(A) as measured from the property line of the
use and does not exceed pre-development ambient noise levels by greater than 10
dB(A). Infrasound (sound below 20 Hz) from data centers shall be limited to 80
dB(z). Such sound study shall be conducted using Sound Level Meters described
in ANSI S1.4-2104 (or successor) and generally accepted methodology.
Measurements shall be conducted at a minimum microphone height of four (4) to
five (5) feet above grade, under meteorological conditions suitable for
environmental noise measurement (no precipitation; sustained wind at
microphone at ≤ 12 mph). A sound study shall be conducted at the following
phases:
a. A preliminary study shall be conducted as part of the [special
exception/land development] process. The preliminary sound study shall
include recommended sound reducing materials or systems as needed to
meet the aforesaid sound limits.
b. An interim sound study shall be conducted during the building permit
approval process based upon the proposed user or users of the Data Center
and Data Center Accessory Uses depicted on the building plans. Any
sound reducing materials or systems recommended by interim sound
study shall be incorporated into the construction plans for the use.
c. An as-built sound study shall be conducted six months after issuance of
the certificate of occupancy and prior to the final escrow release for any
land development phase. An as-built sound study may also be required
thereafter by the [county or municipality]. If it is determined by the asbuilt sound study that there is a violation of the aforesaid noise limits, it
shall be considered a violation of this Ordinance.
2. Maximum decibel levels specified herein shall not apply during times of power
outage, however the sound studies shall also evaluate, and report anticipated decibel
levels when all emergency power generation equipment is running, including
backup generators.
3. The applicant shall provide a vibration study prepared by a qualified professional
that demonstrates that no vibration from the Data Center, Data Center Accessory
Uses, or associated equipment will be perceptible to the human sense of feeling
beyond the property line, and to mitigate any negative impacts to wildlife and
pollinator populations.
4. Tonal noise penalty
a. Each sound study shall include a narrow band frequency analysis for the
purpose of identifying audible tones generated by the use. Audibility of
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tones shall be calculated in accordance with International Organization
for Standardization Technical Specification (ISO/TS) 20065:2022 –
Acoustics – Objective Method for Assessing the Audibility of Tones in
Noise – Engineering Method.
b. If the decisive audibility of any narrow-band averaged spectrum is 10 dB
or more, a 6 dB penalty shall be applied to the overall A-weighted sound
measurement for purposes of determining compliance with Paragraph
(1) above.
H. Water and Sewer
1. The use may utilize a closed-loop cooling system.
a. The use shall deploy technologies for water conservation including, not
limited to, installing closed-loop or recirculation systems to reduce
demands on the water supply.
2. If the use is served by a public water supply, the applicant shall submit
documentation from the public authority certifying that the public authority will
supply the water needed.
3. If the use is to rely upon nonpublic sources of water, the applicant shall provide a
water feasibility study. The purpose of the study is to determine if there is an
adequate supply of water for the proposed use and to estimate the impact of the use
on all existing wells, groundwater, and surface waters in the vicinity. No Data
Center shall be approved unless the water feasibility study demonstrates that the
anticipated water supply yield is adequate for the project and that the proposed
water withdrawals and discharges will not endanger or adversely affect the quantity
or quality of groundwater supplies or surface waters in the vicinity. The water
feasibility study shall include the following information at a minimum:
a. The projected water demands of the Data Center;
b. The source of water to be used;
c. A description of how water will be used, including the amount or
proportion of water to be used for each purpose (e.g. cooling, humidity
control, fire suppression, and domestic usage);
d. The long-term safe yield of the water source;
e. A description of the amount or portion of water withdrawn that will be
recycled or discharged and by what means;
f. A geologic map of the area with a radius of at least one mile from the site;
g. The location of all existing and proposed wells within one (1) mile of the
property boundary, with a notation of the capacity of all high-yield wells,
including residential and commercial wells not registered with the State of
Pennsylvania;
h. The location of all surface waters, including perennial and intermittent
streams, rivers, lakes, reservoirs, ponds, wetlands, springs, natural seeps,
and estuaries, within one (1) mile of the property boundary;
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i. A determination of the effects of the proposed water supply system on the
quantity and quality of water in nearby wells, surface waters, and the
groundwater table;
j. A statement of the qualifications and the signature(s) of the person(s)
preparing the study.
4. The applicant shall provide proof of review and approval from the Susquehanna
River Basin Commission and/or Delaware River Basin Commission for projects
proposing:
a. Water withdrawals of 100,000 gallons per day (gpd) or more over a 30-day
average from any source or combination of sources within the Susquehanna
River Basin; or
b. Any consumptive water use of 20,000 gpd or more over a 30-day average
from any water source.
5. The applicant shall demonstrate that adequate means of wastewater disposal, including
domestic wastewater and wastewater used for cooling or industrial purposes, have been
provided and approved by the Sewage Enforcement Officer and/or the Pennsylvania
Department of Environmental Protection.
6. The applicant shall provide for review by the Zoning Hearing Board, Planning
Commission, Engineer, and/or other appropriate entity(ies) as applicable an
Environmental Impact Statement, as outlined in Section 808, to disclose the potential
environmental consequences of the proposed project. This shall include the creation
and management of a Pollinator Protection Plan in accordance with the Pennsylvania
Pollinator Protection Plan (P4) from the Pennsylvania Department of Agriculture, the
Pennsylvania State University, and a consultant of the municipalities choosing.
7. A Drought Contingency Plan shall be submitted if the county declares a water shortage
due to a drought emergency.
I. Power Supply
1. If the applicant proposes connecting the Data Center to the electric grid, the applicant
shall provide documentation from the applicable electric service provider certifying
that that the necessary capacity is available, and that the electric service provider will
serve the Data Center. Impacts on electric rates or availability for other uses directly
attributable to the Data Center project shall be noted. It is encouraged that the applicant
attempt to avoid having peak energy demand at the site coincide with general consumer
peak energy demand when possible.
2. Data Center Electric Utility Substations must include year-round opaque landscaping
or a screen wall a minimum of eight (8) feet in height to minimize visual impact.
3. Electric Utility Substations on the same property as the Data Center they serve must be
located on the side or rear of a Data Center Principal Building so they are screened
from public view and must not be located in a required front yard. On-site substations
do not require a buffer or screening between the Data Center Principal Building and
the substation.
4. All new electric lines on the site of a data center development, both transmission and
distribution, must be located underground if technically possible. On-site power lines
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of 34.5 kV and below must be located underground. The developer may request a
waiver regarding power line location. The waiver must be in writing and shall
accompany and be part of the application for Land Development review.
5. The Data Center Electric Utility Substation shall be setback 200 feet from all adjoining
properties lines and roadways. The setback for residential structures shall be 500 feet
from the residential structure not on the project parcel. Setbacks shall be measured from
the edge of the compound containing the substation to the property boundary of the lot
it occupies.
6. Any energy generation system designed or used to supply power directly to a Data
Center during normal operations, including solar, wind, fossil fuel, or nuclear energy
generating systems, shall not be considered part of the Data Center use. Such systems
shall be considered a separate use and shall be approved according to the zoning
regulations applicable to such use.
7. All generators, whether portable or fixed/permanent, shall be equipped with
functioning mufflers and enclosures to comply with the noise limits in § 808.10 and all
other applicable noise restrictions contained within the Luzerne County Zoning
Ordinance. Furthermore, all generators shall be Tier IV diesel certified generators.
8. Non-residential or non-light commercial portable or backup generators shall not be
operated between 5:00 p.m. .and 8:00 a.m. except during declared emergencies as
ordered by Luzerne County EMA and/or grid/utility operator with applicable authority
unless the facility is deemed essential.
9. Renewable energy sources are encouraged to be utilized to offset energy consumption
from offsite sources. Rooftop solar and onsite windmills can be implemented to
minimize power consumption from other sources and reduce strain on the power grid.
See § 542, 543, and 551 for all solar and wind zoning regulations, dimensional
standards will be regulated by data center amendment.
10. Alternative energy sources, including, but not limited to, on-site nuclear and other
technologies, shall require further approval standards.
11. All Bulk Fuel Storage must comply to the supplemental land use regulations detailed
in Section 508.
J. On-Site Power Generation:
1. On-site or behind the meter generation using natural gas, renewable fuels, or other
clean sources when used to improve reliability, efficiency, or sustainability is
permissible. All systems shall meet environmental, safety, and utility
interconnection standards.
2. The applicant shall use Tier 4 or greater generators that are subject to stringent
emission standards aimed at reducing pollutants and improving air quality and that
operate at the lowest dBA levels.
3. All building roofs shall be solar ready, which includes designing and constructing
buildings in a manner that facilitates and optimizes the installation of roof-mounted
solar energy systems at some point after the building has been constructed. All Data
Center and battery energy storage system uses shall install on-site solar energy
generation systems sufficient to offset a minimum of 25% of the facility's projected
annual electricity consumption during normal operations. The applicant shall
submit a Solar Energy Plan prepared by a qualified professional demonstrating:
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a. The use's projected annual electricity consumption in kilowatt hours
(kWh);
b. The type, capacity, and location of proposed solar energy systems;
c. Calculations showing that the proposed systems will generate at least 25%
of the projected annual consumption;
d. A timeline for installation of solar energy systems, which shall be
completed no later than 12 months following issuance of the certificate of
occupancy for the Data Center or BESS.
K. Emergency Management
1. The applicant shall submit an Emergency Response Plan (ERP) prepared by a qualified
professional. The ERP shall:
a. Be reviewed and accepted by the local fire department and emergency management
services as part of the [conditional use/special exception/land development]
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;
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.
f. Each Data Center operation shall provide 24-hour emergency contact signage
visible at the access entrance. Signs shall include the company name (if applicable),
the owner/representative's name, the telephone number, and the corresponding local
power company's name and telephone number.
g. Each Data Center operation shall provide municipal officials, and any emergency
responders that serve that community with a copy of an emergency response plan.
h. Each Data Center operation shall provide residents within 0.5 miles an emergency
preparedness plan.
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.
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. A campus security plan should be prepared in consultation with police and local
emergency officials.
5. Safety:
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a. The equipment used in any Data Center operation shall be housed in a
metered, electrically grounded, and pre-engineered metal-encased
structure with a fire rating designed to resist an internal electrical fire for
at least 30 minutes. The containment space shall contain baffles that
automatically close in the event of fire, independent of a possible electric
system failure.
b. 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 offsite, 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.
L. Emergency Responders:
1. The applicant shall coordinate with the Luzerne County Department of Emergency
Services 911 Coordinator to ensure there is adequate radio coverage for emergency
responders within the building based upon the existing coverage levels of the
county Public Safety Radio Communications System at the exterior of the building
and shall install enhancement systems as needed to meet compliance. A 911 address
shall be obtained. It shall be confirmed that the local emergency departments have
the proper chemicals/supplies in the event of a fire emergency. The applicant shall
submit an Emergency Response Plan (ERP) to the Luzerne County Department of
Emergency Services and to the local fire department(s) having jurisdiction.
M. Aesthetics
1. Any Data Center and Data Center Accessory Use building façade that faces a road, or
existing residential use must incorporate at least two of the following design elements
every 150 horizontal feet:
a. External building materials shall be of colors that are low-reflective, subtle, or earth
tone. Fluorescent and metallic colors shall be prohibited as exterior wall colors.
b. A change in building material, pattern, texture, or color;
c. A change in building height;
d. Building step-backs or recesses having a minimum depth of five (5) feet;
e. Uninterrupted blank wall façades shall be prohibited to the extent that they are
visible from a public right-of-way or a residential area. Design variations on long
exterior walls shall be employed in order to create visual interest. Examples of such
design variations include, but are not limited to, banding, windows, scoring of
building facades, color changes, texture or material changes, and a variety in
building height across a single building.
f. Exterior walls shall incorporate elements that create patterns of façade recession,
offsets, and extrusions along the entire length of the façade. For every 200 feet of
building length, a recession, offset, and/or extrusion must be incorporated at a
minimum of 20 feet in length and five (5) in depth.
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g. On all four sides of each building, roof-mounted equipment shall be screened with
materials that are consistent and harmonious with the building’s façade and
character. Such screening shall be provided in order to conceal the equipment from
off-site view and to buffer sound generated by such equipment.
h. All lighting shall comply with current county lighting standards within this
ordinance. All equipment shall be fully enclosed or shielded. All exterior lighting
shall utilize full-cutoff, downward directed fixtures. No light source shall be visible
from adjacent residential properties. be subject to the Outdoor Lighting section of
the zoning ordinance, namely Section 412.
N. Green Building Techniques:
1. Data Centers are encouraged to implement low-impact development practices in
site design and energy efficiency, such as, but not limited to, the following:
a.

O. Parking

Site Design

1. Select sites that avoid sensitive lands such as wetlands, floodplains,
and steep slopes.
2. Minimize land disturbance.
3. Maximize tree preservation.
4. Minimize impervious surfaces.
5. Minimize potential nuisance impacts (noise, glare, vibration, etc.)
on adjacent properties, public roadways, and the vicinity.
b. Energy/Resource Efficiency
1. Orient buildings to take advantage of passive cooling and daylight
opportunities.
2. Utilize alternative energy sources (solar, wind, hydro, nuclear or
other alternative source) as much as possible, subject to obtaining
all required governmental approvals and permits.
3. Provide an energy storage system to monitor and regulate usage of
alternative energy for usage during off peak hours.
4. Encourage systems that limit the use of finite natural resources and
their disposal.
5. Encourage fuel storage that limits impacts on the environment from
potential spills.
6. Install water-efficient landscape materials.
7. Utilize reclaimed water for cooling.
8. Implement energy management best practices and carbon reduction
techniques such as, but not limited to, those promoted through the
U.S. Department of Energy's Better Buildings initiative and U.S.
Green Building Council's LEED (Leadership in Energy and
Environmental Design) Certification system.

1. Data Centers are to be provided with at least one parking space per 8,000 square feet
of floor area designed and intended to be accessible regularly by employees, or one
parking space for every one employee, based upon the maximum number of employees
on site during the largest shift, whichever is lesser, plus an additional 3 visitor spaces
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per unit. The number of ADA parking spaces is to be determined by the total number
of parking spaces required for the facility.
P. Decommissioning:
1. A decommissioning plan shall be required at the time of application for all proposed
data centers under the jurisdiction of this zoning ordinance that establishes detailed
inventory, timelines, management and removal of physical equipment, disposal of
recycling materials, and plans for future use or restoration of the site.
2. Decommissioning must begin within one (1) year of discontinuation 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 County in writing for good cause.
3. Standards for Decommissioning:
a. Hazardous materials, including, but not limited to, batteries, fuel, or
refrigerants, shall be disposed of in compliance with state and federal law.
b. Disturbed soils shall be stabilized and revegetated.
c. All utility providers must be notified of the discontinuation of operations.
4. Financial security in the form of bonds, letters of credit, escrow accounts, cash, or
other financial instruments will be a requirement for the decommissioning plan. In
no event shall the security be less than 100% of the estimated cost of
decommissioning. The owner shall provide a new estimate of the cost of
decommissioning every five (5) years thereafter and increase its security if the cost
increases.
5. The County is granted the right to seek injunctive relief to effect or complete
decommissioning, as well as the county’s right to seek reimbursement from the
owner or owner successor for decommissioning costs in excess of the amount
deposited in the account and to file a lien against any real estate owned by the owner
or owner successor, or in which they have an interest, for the amount of the excess,
and to take all steps allowed by law to enforce said lien.
Q. Community Incentive Package:
1. Any proposed Hyperscale or Major Data Center development under the jurisdiction
of this zoning ordinance shall include a community incentive package within the
municipality(s) the development is located and/or localized area/vicinity of the
development. Any proposed Minor or Edge Data Center development under the
jurisdiction of this zoning ordinance may include a community incentive package
within the municipality(s) the development is located and/or localized area/vicinity
of the development.
R. General Financial Security
1. Financial security in the form of bonds, letters of credit, escrow accounts, cash, or
other financial instruments in an amount sufficient to cover the cost(s) of
requirements of all provisions not explicitly defined in this ordinance and/or for the
purpose of any financial cost(s) or liabilities incurred by the county as a result of
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negligence to provide any such documentation, report, study, or improvement, etc.
by the applicant/developer.
Section 3: SPECIAL EXCEPTION Review. In addition to all other requirements for Special
Exception uses, the following supporting documents must be submitted as a part of the Special
Exception application to the Zoning Hearing Board:
1. Site Plan of the proposed project
2. Declaration of on-site energy production, renewables, alternatives, etc.
3. Plans for electricity and water infrastructure
4. Emergency Response Plan
5. Decommissioning Plan
6. Developer’s Agreement Affidavit
Section 4: Severability. If any sentence, clause, section, or part of this Ordinance or of the Zoning
Ordinance is for any reason found to be unconstitutional, illegal or invalid, such
unconstitutionality, illegality or invalidity shall not affect or impair any of the remaining
provisions, sentences, clauses, sections, or parts hereof. It is hereby declared as the intent of the
Luzerne County Council that this amendment to the Luzerne County Zoning Ordinance would
have been adopted had such unconstitutional, illegal or invalid sentence, clause, section or part
thereof not been included herein.
Section 5. Repealer. All Ordinances or parts of Ordinances conflicting with any provision of this
Ordinance are hereby repealed insofar as the same affects this Ordinance.
Section 6 Codification. Pursuant to the [APPPLICABLE MUNICIPAL CODE] and the
Pennsylvania Municipalities Planning Code, the Luzerne County Zoning Ordinance shall hereby
be codified to incorporate the above-referenced amendments.
Section 7. Effective Date. This amendment to the Luzerne County Zoning Ordinance shall take
effect fifteen (15) days after its adoption. The ordinance shall apply to all Data Center Plans in
municipalities under Luzerne County Zoning jurisdiction submitted on or after the effective date.
DULY ADOPTED AND ENACTED by the Luzerne County Council, this ______ day of ______,
2026, in lawful session duly assembled.
Luzerne County Council:

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LUZERNE COUNTY, PENNSYLVANIA
ORDINANCE NO. _______
AN ORDINANCE OF THE LUZERNE COUNTY COUNCIL,
PENNSYLVANIA, TO AMEND THE LUZERNE COUNTY ZONING
ORDINANCE TO DEFINE AND ADD SPECIFIC REQUIREMENTS FOR
BATTERY ENERGY STORAGE SYSTEMS WITHIN MUNICIPALITIES
UNDER LUZERNE COUNTYS ZONING ORDINANCE JURISDICTION.
WHEREAS, Article VI of the Pennsylvania Municipalities Planning Code, 53
P.S. § 10601, et seq., authorizes LUZERNE COUNTY to enact, amend and repeal Zoning
Ordinances within the COUNTY and
WHEREAS, the LUZERNE COUNTY COUNCIL deems it to be in the best
interest and general welfare of the residents of LUZERNE COUNTY to update and
amend provisions of the LUZERNE COUNTY Zoning Ordinance to provide for Battery
Energy Storage Systems; and
WHEREAS, the LUZERNE COUNTY COUNCIL of LUZERNE COUNTY desires to
add provisions to the Zoning Ordinance relating to Battery Energy Storage Systems;
NOW, THEREFORE, BE IT ORDAINED AND ENACTED, by the LUZERNE
COUNTY COUNCIL of LUZERNE COUNTY as follows:
Section 1. Section 203 of the Luzerne County Zoning Ordinance, entitled Definitions, is
amended to add the following definitions:
Augmentation: The process of supplementing or replacing some or all of the system
components to maintain the nameplate capacity (measured in megawatts).
Battery Energy Storage Management System: An electronic system that protects
energy storage systems from operating outside their safe operating parameters and
disconnects electrical power to the energy storage system or places it in a safe condition
if potentially hazardous temperatures or other conditions are detected.
Battery Energy Storage System (BESS): One or more devices, assembled together,
capable of storing and discharging electricity primarily intended to supply electricity to a
building or to the electrical grid. This includes, but is not limited to, the following:
battery cells; enclosures and dedicated-use buildings; thermal, battery, and energy
management system components; inverters; access roads; distribution, collection, and
feeder lines; wires and cables; conduit; footings; foundations; towers; poles; crossarms;
guy lines and anchors; substations; interconnection or switching facilities; circuit
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breakers and transformers; overhead and underground control, communications and radio
relay systems, and telecommunications equipment; utility lines and installations; and
accessory equipment and structures.
Commissioning: A systematic process that provides documented confirmation that a
battery energy storage system functions according to the intended design criteria and
complies with applicable code requirements.
Decommissioning: The process of removing equipment and other infrastructure
associated with a project and restoring the site for viable reuse consistent with the zoning
district.
Dedicated-Use Building: A building that is only used for battery energy storage system
components and equipment, as defined in the NFPA 855 Standard for the Installation of
Stationary Energy Storage Systems.
Non-Participating Property: Real property that is not participating property.
On-Site Battery Energy Storage System: A Battery Energy Storage System (BESS) that
is intended primarily to serve the electricity needs of the applicant property but may, at
times, discharge into the electric grid.
Off-Site Battery Energy Storage System: A Battery Energy Storage System (BESS) for
the primary purpose of off-site use through the electrical grid.
•
•

•

Small Off-Site Battery Energy Storage System: An Off-Site Battery Energy
Storage System (BESS) with a nameplate capacity of 20 MW or less.
Medium Off-Site Battery Energy Storage System: An Off-Site Battery Energy
Storage System (BESS) with a nameplate capacity greater than 20 MW and less
than 50 MW. Off-Site BESS with a nameplate capacity of 50 MW or more but
with an energy discharge capability of less than 200 MWh are also considered
Medium Off-Site BESS.
Large Off-Site Battery Energy Storage System: An Off-Site Battery Energy
Storage System (BESS) with a nameplate capacity of 50 MW or more and an
energy discharge capability of 200 MWh or more.

Participating Property: Real property that is either owned by an applicant or that is the
subject of an agreement that provides for the payment by an applicant to a landowner of
monetary compensation regardless of whether any part of the BESS system is constructed
on the property.
Repowering: The process of reconfiguring, supplementing, or replacing some or all of
the system components to increase the nameplate capacity (measured in megawatts).

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Section 2. Article 5 (Standards for Specific Uses) is amended to add Section 553, Battery Energy
Storage Systems (BESS) and BESS Accessory Uses:
1. ON-SITE BATTERY ENERGY STORAGE SYSTEMS (BESS)
1. On-Site BESS are permitted as an accessory use in all zoning districts and shall
follow the regulations associated with accessory uses.
2. A zoning permit is required for On-Site BESS with an aggregate energy capacity
of more than 600 kWh. Documentation showing compliance with NFPA 855 shall
be submitted for review by Luzerne County Planning and Zoning. On-Site BESS
with an aggregate energy capacity of less than or equal to 600 kWh do not require
a zoning permit.
2. OFF-SITE BATTERY ENERGY STORAGE SYSTEMS (BESS)
1. Small Off-Site BESS (≤ 20 MW) shall be permitted in Highway Business (HB),
General Business (GB), Mining (MI), Light Industrial (LI), and Heavy Industrial
(HI) and a special exception in Conservation (CO), and Agricultural (AG) zoning
districts and subject to Site Plan Review by the zoning officer.
2. Medium Off-Site BESS (>20 MW and <50 MW):
a. Are a permitted land use in Highway Business (HB), General Business
(GB), Mining (MI), Light Industrial (LI), and Heavy Industrial (HI)
zoning districts and subject to Site Plan Review by the zoning officer.
b. In Conservation (CO), and Agricultural (AG) zoning districts, Medium
Off-Site BESS are a special land use subject not only to the
requirements for Off-Site BESS, but also to the applicable standards and
requirements for Special Exception Land Uses outlined in Section 306,
as well as the following criteria for approval:
i. The public benefits of the proposed BESS justify its construction.
Public benefits include, but are not limited to, any contributions to
meeting identified energy, capacity, reliability, or resource
adequacy needs of this jurisdiction.
3. Large Off-Site BESS (≥50 MW) are permitted in Mining (MI), Light Industrial
(LI), and Heavy Industrial (HI).
4. Hybrid Energy Projects: If an Off-Site BESS is to be co-located with another
energy facility, such as a wind or solar energy facility, both land uses may be
included in one application and each component shall be reviewed for compliance
with the appropriate standards.
5. Use Standards: All Off-Site BESS shall comply with the following use standards.
a. System Certification: All Off-Site BESS shall be in compliance with the
latest edition of NFPA 855 Standard for the Installation of Stationary
Energy Storage Systems at the time of application. Compliance includes
that all system components and equipment shall be listed by a Nationally
Recognized Testing Laboratory to UL 9540 (Standard for Energy
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Storage Systems and Equipment) and that BESS are subject to UL
9540A (Test Method for Evaluating Thermal Runaway Fire Propagation
in Battery Energy Storage Systems), as applicable.
b. Setbacks:
i. Setback distances shall be measured from the nearest edge of the
perimeter fencing.
ii.
Small Off-Site BESS: A Small Off-Site BESS shall follow the
setback distance for primary buildings or structures for the district
in which it is sited.
iii. Medium Off-Site BESS: The following minimum setback
distances shall apply to any Medium Off-Site BESS:
1. 300 feet from any community buildings and occupied
dwellings on a non-participating property.
2. 50-100 feet from the front property line.
3. 100 feet from the side or rear property line.
4. 300 feet from any existing dwelling unit on a participating
property.
iv. Large Off-Site BESS: The following minimum setback distances
shall apply to any Large Off-Site BESS:
1. XX feet from any community buildings and occupied
dwellings on a non-participating property.
2. XX feet from the front property line.
3. XX feet from the side or rear property line.
4. XX feet from any existing dwelling unit on a participating
property.
c. Sound:
i. Small Off-Site BESS shall comply with the noise ordinance of the
municipality where the development is proposed (if applicable).
ii. For Medium Off-Site BESS, the sound pressure level shall not
exceed a noise level of 55 dBA (Leq (1-hour)) or the existing
ambient noise level, whichever is greater, modeled at the nearest
property line of an adjoining non-participating property; or, outer
wall of the nearest dwelling located on a non-participating
property. Decibel modeling shall use the A-weighted scale as
designed by the American National Standards Institute.
d. Lighting: The BESS shall implement dark sky-friendly lighting solutions
that are designed to minimize the amount of light that escapes upward
into the sky.

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e. Fencing: If perimeter fencing is installed, barbed wire is prohibited,
unless there is no other option that would comply with other applicable
codes.
f. Vegetation/Tree-Cutting: All combustible vegetation or other
combustible growth within 25 feet of an Off-Site BESS enclosure shall
be cleared and any tree stumps shall be removed. Single specimens of
trees, shrubbery, or cultivated ground such as green grass, ivy, or similar
plants used as ground covers shall be permitted provided that they do not
form a means of readily transmitting fire. Otherwise, removal of trees
from any portion of the site outside of the perimeter fence should be
minimized to the extent possible.
g. Screening/Visibility: An Off-Site BESS shall be subject to screening and
landscaping requirements of the underlying zoning district. Any
screening and landscaping shall be placed outside the perimeter fencing.
Screening is not subject to setbacks.
i.
In districts that call for screening or landscaping along rear or side
property lines, these shall only be required where an adjoining
non-participating property has an existing residential or public use.
ii. When current zoning district screening and landscaping standards
are determined to be inadequate based on a legitimate community
purpose consistent with local government planning documents, the
Zoning Administrator [or Planning Commission] may require
substitute screening consisting of native deciduous trees planted 30
feet on center, and native evergreen trees planted 20 feet on center
along existing non-participating residential uses.
iii. The Zoning Administrator [or Planning Commission] may reduce
or waive screening requirements provided that any such adjustment
is in keeping with the intent of the Ordinance and is appropriately
documented (e.g., abutting participating properties; existing
vegetation).
h. Lot Size and Lot Coverage: An Off-Site BESS shall not be subject to
minimum or maximum lot size requirements, or lot coverage
requirements of the underlying zoning district.
i. Access Drives: Access drives shall be maintained to enable year-round
emergency vehicle access.
j. [Stormwater Management: The entire site upon which Off-Site BESS is
located must comply with stormwater requirements as outlined in 917.
Stormwater management structures shall be designed based on the final
footprint of the BESS project, accounting for any planned augmentation,
if applicable.]
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i.

[For BESS in a well-head protection zone and/or if the Fire
Response Plan requires liquids for firefighting, then the
Stormwater Management System must include a containment
system within 10 feet of any BESS enclosure, designed so as to
retain run-off on site in case of emergency release of liquids with
the use of water retention liners or similar impervious material.]
k. Height: Any Dedicated-Use Building shall be a single story subject to
the height restrictions for principal structures in the underlying zoning
district, unless otherwise noted, but not to exceed 35 feet. The total
height of an Off-Site BESS enclosure, including any roof-mounted
mechanical equipment, shall not exceed 16 feet. Other equipment (e.g.,
poles, substations, towers) is exempted from height requirements if
alternative design options are not feasible.
l. Wiring: All on-site utility lines shall be placed underground to the extent
feasible, with the exception of the main service connection at the utility
company right-of-way and any new interconnection equipment,
including without limitation, any poles, with new easements and rightof-way.
m. Signage:
i. Safety Signage: Safety signage shall comply with NFPA 855 or
other applicable safety codes and is exempt from maximum sign
surface area calculations in Section 415.
ii. Other Signage: Additional signage may be permitted subject to the
requirements of Section 415.
n. Repair, Augmentation, and Repowering: In addition to repairing or
replacing BESS components to maintain the system, an Off-Site BESS
may at any time be augmented or repowered without the need to submit
a new site plan so long as the augmentation or repowering is within the
same footprint (e.g., same dedicated use building or on
footings/foundations in the same location) as the original permit and
there is no significant change in the battery chemistry (e.g., a change
from one lithium-ion battery type, such as Lithium Iron Phosphate, to
another, such as Nickel Manganese Cobalt). When a BESS is anticipated
to be augmented, the applicant shall submit an augmentation plan as part
of the site plan application.
i. A proposal to change the project footprint or a significant change
in battery chemistry shall be considered a new application, subject
to the ordinance standards at the time of the request.
o. Decommissioning: A Decommissioning Plan is required for any Off-Site
BESS at the time of application.
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i.

ii.

iii.

iv.

The Decommissioning Plan shall include the specifications laid out
in Section 542.3 and the requirements for Decommissioning Plans
outlined in NFPA 855.
An update of the Decommissioning Plan, including a review of the
amount of the financial security based on inflation and the current
removal costs, shall be completed 5 years, for the duration of
commercial operations, and approved by the. The amount shall be
calculated by a mutually-agreed-upon third party with expertise in
decommissioning, hired by the BESS system owner. The amended
and approved Decommissioning Plan shall be provided to the
department.
An Off-Site BESS owner may at any time:
1. Proceed with the approved Decommissioning Plan and
remove the system as indicated after prior notification of
the planning commission, or
2. Amend the Decommissioning Plan with zoning officer
approval and proceed according to the revised plan after
prior notification of the planning commission.
A BESS that has not stored electrical energy 12 consecutive
months shall prompt an abandonment hearing. Decommissioning
an Off-Site BESS, in accordance with an approved
Decommissioning Plan, must be completed within 18 months after
abandonment.

Section 3. Site Plan Requirements: Off-Site BESS are not subject to site plan requirements in
_____ [reference to the section in your zoning ordinance that includes general site plan
requirements] but instead shall include the following:
1. Site Layout and Context: A site plan at a scale and format that allows details to be clear
and legible (e.g., as separate maps, or by showing some areas at a finer scale) showing:
a. The location and dimensions (including footprint and height) of all BESS
components proposed for the final stage of installation (i.e., accounting for any
future augmentation, if applicable), including enclosures or dedicated-use
buildings, ancillary structures and electric equipment, buried or above ground
wiring, utility connections, temporary and permanent access drives;
b. The location of existing structures on participating property;
c. The location of existing dwellings and primary structures on non-participating
properties within 1,000 feet of the property boundary;
d. Participating and non-participating property lines;
e. Setbacks;
f. Details of proposed fencing, screening/landscape, berm, and signage;
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g. A photometric plan.
2. Land Clearing and/or Grading Plan: A plan showing proposed clearing and/or grading as
required for the installation and operation of the system.
3. Stormwater Management Plan: Computations and design of a stormwater management
system as outlined in the Luzerne County SALDO.
a. [For a BESS in a well-head protection zone and/or if the Fire Response Plan
requires liquid agents for firefighting, additional calculations and design of the
emergency runoff retention system in the area within 10 feet of the BESS shall be
submitted].
4. Pre-Development Sound Modeling Study including sound isolines extending from the
sound source(s) to all property lines and dwellings on non-participating properties within
1,000 feet of the property boundary. A Pre-Development Sound Modeling Study is not
required for Small Off-Site BESS.
5. Augmentation Plan (if applicable): Demonstrating through description and an annotated
site plan the anticipated augmentation phases, including which structures/components are
expected to be installed in which time frames.
6. Preliminary Equipment Specification Sheet: This sheet documents the proposed battery
energy storage system components, inverters, and associated electrical equipment that are
to be installed. A Final Equipment Specification Sheet shall be submitted as part of PostConstruction Reporting.
7. System Maintenance Plan: A detailed maintenance schedule covering all affected
equipment and the activities performed as outlined in the NFPA 855 Standard for the
Installation of Stationary Energy Storage Systems
8. Contact Information: Name, address, and contact information of proposed or potential
system installer and the owner and/or operator of the battery energy storage system.
Information of the final system installer shall be submitted as part of Post-Construction
Reporting.
9. NFPA 855 Compliance: Confirmation that the facility complies with the latest edition of
NFPA 855“Standard for the Installation of Stationary Energy Storage Systems.”
10. Fire and Emergency Response Plans: An Emergency Response Plan and a Fire Response
Plan developed in consultation with the AHJ for fire safety shall be submitted and contain
the following:
11. Emergency Response Plan (ERP): The ERP shall include:
a. An identification of contingencies that would constitute a safety or security
emergency (fire emergencies are to be addressed in a separate Fire Response
Plan);
i. Emergency response measures, evacuation control measures, and
community notification measures by contingency;
ii. An identification of potential approach and departure routes to and from
the facility site for police, fire, ambulance, and other emergency vehicles;
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20260308_LCPC_Zoning_Oridnance_Amendment_2_of_2026_V2_BESS

iii. A commitment to review and update the ERP with fire department(s), first
responders, and county emergency management agency at least once every
2 years.
iv. An analysis of whether plans to be implemented in response to an
emergency can be fulfilled by existing local emergency response capacity,
and identification of any specific equipment or training deficiencies in
local emergency response capacity;
v. Other information the applicant finds relevant.
b. Fire Response Plan (FRP): The FRP shall include:
i. A description of all on-site equipment and systems to be provided to
prevent or handle fire emergencies;
ii. A description of all contingency plans to be implemented in response to
the occurrence of a fire emergency, including evacuation control measures
and community notification measures;
iii. The results of a toxic and flammable gas plume dispersion analysis for the
anticipated BESS equipment in a severe fire emergency scenario to assess
potential impacts on surrounding communities.
iv. A commitment to offer to conduct, or provide funding to conduct, sitespecific training drills with emergency responders before commencing
operation, and at least once per year while the facility is in operation, at
the expense of the project owner. Training should familiarize the local fire
department(s) with the project, hazards, procedures, and current best
practices.
v. A commitment to review and update the FRP with fire department(s), first
responders, and county emergency managers at least once every 3 years.
vi. An analysis of whether plans to be implemented in response to a fire
emergency can be fulfilled by existing local emergency response capacity.
The analysis should include identification of any specific equipment or
training deficiencies in local emergency response capacity and
recommendations for measures to mitigate deficiencies.
vii. Other information the applicant finds relevant.
c. Copies of Fire and Emergency Response Plans shall be maintained at an approved
on-site location accessible to facility personnel, the local fire department, and
emergency responders, which should be outside the perimeter fence.
12. The Decommissioning Plan shall, in addition to requirements for Decommissioning Plans
in NFPA 855 include:
a. A narrative description of the activities to be accomplished for removing the
BESS from service, including who will perform that activity and at what point in
time, for complete physical removal of all BESS components, structures,
equipment, security barriers, and transmission lines from the site. The description
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shall also include hazardous material use and removal from the site based upon
what is known at the time the application is filed;
b. A description of which above-grade and below-grade improvements will be
removed, retained, or restored for viable use of the property consistent with the
zoning district;
c. A listing of any contingencies for removing an intact operational BESS, and for
removing a BESS that has been damaged by a fire or other event;
d. The projected decommissioning costs for BESS removal and site restoration [not
to include salvage value] and how said estimate was determined by a mutuallyagreed-upon third party with expertise in decommissioning, hired by the
applicant;
e. The method of ensuring that funds will be available for site decommissioning and
restoration (in the form of surety bond, irrevocable letter of credit, or cash
deposit);
f. The method by which the decommissioning cost will be kept current, including in
the case of a change of ownership or operational authority.
13. Statement of Public Benefits: For Off-Site BESS that require Special Land Use approval,
a statement explaining the expected public benefits of the proposed BESS.
Section 4. Post-Approval Documentation: Any Zoning Permit or Special Land Use Permit for
any Off-Site BESS shall be conditioned upon the submission of the following documents:
1. Pre-Construction Documents: Prior to the commencement of construction activities, the
following documents shall be prepared and/or updated in compliance with NFPA 855 and
developed in consultation with the AHJ for fire safety. These shall be submitted to the
AHJ for fire safety and the Zoning Officer. Copies of all Pre-Construction Documents
shall be maintained at an approved on-site location accessible to facility personnel, the
local fire department, and/or emergency responders.
a. Final Equipment Specification Sheet: Documenting the final battery energy
storage system components, inverters, and associated electrical equipment.
b. Contact Information: Name, address, and contact information of the system
installer and the owner and/or operator of the battery energy storage system.
c. Amended ERP and FRP (if applicable): Changes to the design, type,
manufacturer, etc. of BESS facilities or equipment after site plan approval must
be analyzed to determine if changes are necessary to the ERP or FRP. Additional
consultation with the fire department(s), first responders, and county emergency
managers is required for amended plans.
d. Commissioning Plan: A Commissioning Plan as outlined in NFPA 855.
e. Hazard Mitigation Analysis (HMA): A Hazard Mitigation Analysis as outlined in
NFPA 855.

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20260308_LCPC_Zoning_Oridnance_Amendment_2_of_2026_V2_BESS

2. Post-Construction Reporting: Prior to the commencement of commercial operations, the
following documents shall be prepared and/or updated in compliance with NFPA 855 and
developed in consultation with the AHJ for fire safety. These shall be submitted to the
AHJ for fire safety and the zoning officer prior to final inspection and approval by the
building inspector. Copies of all Post-Construction Reporting shall be maintained at an
approved on-site location accessible to facility personnel, the local fire department, and
emergency responders.
a. Amendments or updates to any Pre-Construction Documents
b. Commissioning Report: A Commissioning Report as outlined in NFPA 855.
c. Emergency Operations Plan: An Emergency Operations Plan as outlined in NFPA
855. [An Emergency Operations Plan shall be required for all applications,
including applications for any facilities under the exclusive control of electric
utilities, notwithstanding any potential exemption of this requirement provided by
NFPA 855.]
3. Post-Construction Sound Survey: Documentation of sound pressure level measurements
shall be provided to the Zoning Administrator by a third-party qualified professional
selected by the Planning Commission and at the expense of the BESS system owner
within 6 months of the commencement of the operation of the project. The study will be
designed to verify compliance with sound standards applicable to this ordinance. Small
Off-Site BESS are exempt from this requirement.

Section 4: Severability. If any sentence, clause, section, or part of this Ordinance or of the Zoning
Ordinance is for any reason found to be unconstitutional, illegal or invalid, such
unconstitutionality, illegality or invalidity shall not affect or impair any of the remaining
provisions, sentences, clauses, sections, or parts hereof. It is hereby declared as the intent of the
Luzerne County Council that this amendment to the Luzerne County Zoning Ordinance would
have been adopted had such unconstitutional, illegal or invalid sentence, clause, section or part
thereof not been included herein.
Section 5. Repealer. All Ordinances or parts of Ordinances conflicting with any provision of this
Ordinance are hereby repealed insofar as the same affects this Ordinance.
Section 6 Codification. Pursuant to the Luzerne County Charter and the Pennsylvania
Municipalities Planning Code, the Luzerne County Zoning Ordinance shall hereby be codified to
incorporate the above-referenced amendments.
Section 7. Effective Date. This amendment to the Luzerne County Zoning Ordinance shall take
effect fifteen (15) days after its adoption. The ordinance shall apply to all Data Center Plans in
municipalities under Luzerne County Zoning jurisdiction submitted on or after the effective date.
DULY ADOPTED AND ENACTED by the Luzerne County Council, this ______ day of ______,
2026, in lawful session duly assembled.

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Luzerne County Council:

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20260308_LCPC_Zoning_Oridnance_Amendment_3_of_2026_V1_Buffer_Yards

LUZERNE COUNTY, PENNSYLVANIA
ORDINANCE NO. _______
AN ORDINANCE OF THE LUZERNE COUNTY COUNCIL,
PENNSYLVANIA, TO AMEND THE LUZERNE COUNTY ZONING
ORDINANCE TO ADD SPECIFIC REQUIREMENTS FOR BUFFER
YARDS WITHIN MUNICIPALITIES UNDER LUZERNE COUNTYS
ZONING ORDINANCE JURISDICTION.
WHEREAS, Article VI of the Pennsylvania Municipalities Planning Code, 53
P.S. § 10601, et seq., authorizes LUZERNE COUNTY to enact, amend and repeal Zoning
Ordinances within the COUNTY and
WHEREAS, the LUZERNE COUNTY COUNCIL deems it to be in the best
interest and general welfare of the residents of LUZERNE COUNTY to update and
amend provisions of the LUZERNE COUNTY Zoning Ordinance to provide for Buffer
Yards; and
WHEREAS, the LUZERNE COUNTY COUNCIL of LUZERNE COUNTY desires to
add provisions to the Zoning Ordinance relating Buffer Yards;
NOW, THEREFORE, BE IT ORDAINED AND ENACTED, by the LUZERNE
COUNTY COUNCIL of LUZERNE COUNTY as follows:
Section 1. Section 203 of the Luzerne County Zoning Ordinance, entitled Definitions, is
amended to add the following definitions and requirements:
Buffer Yards and Screen Planting: Unless otherwise regulated, where buffer yards are
required by the terms of this ordinance, they shall be provided with the following
standards:
1. A buffer yard of at least 30 feet shall be required where development involves
abutment of nonresidential and residential uses. The buffer yard shall be provided by
whomever initiates the development, and shall not apply to agricultural uses
involving the raising of crops and animals. Buffer yards shall not be applied to
existing uses unless an expansion greater than 50% is proposed.
2. At least 15 feet of the buffer yard shall be planted with a dense screen planting having
an opacity of 80% after the first year and thereafter and shall consist of native, noninvasive. The remainder of the buffer yard area shall be planted with grass, seed, sod
and ground cover. Pollinator habitat development is strongly encouraged in these
buffers. Buffer yards shall be kept free of all debris and rubbish.
a. Landscape Bond
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20260308_LCPC_Zoning_Oridnance_Amendment_3_of_2026_V1_Buffer_Yards

i. The developer or landowner shall provide deposit with the County a
sum of money equal to the amount necessary to cover the cost of
purchasing, planting, maintaining, and replacing all vegetative materials
for a period of (18) months.
ii. Any tree or shrub planted as a part of the landscape buffer requirements
within (18) months of planting or replanting is deemed, in the opinion
of the County, not to have survived or to have grown in a manner
uncharacteristic of its type shall be replaced. Substitutions for certain
species of plants may be made only when approved by the County
3. When said district boundary is a public street, the buffer yard may be reduced to 10
feet and shall be planted with a dense screen planting, having an opacity of 80% after
the first year and thereafter.
4. The required yard space for the district in which the use is located may be considered
as all or part of the buffer yard area.
5. No structure, storage are or parking, loading/unloading area shall be permitted in the
required screen planting area; however, such area may be crossed by access drives.
Automobile parking may be permitted in that portion of the buffer yard not required
for screen planting.
6. The screened buffer may consist of a masonry wall, wood fence, trees, shrubs, berms
or a combination thereof. In the event a masonry wall or wood fence is used for
screening purposes, vegetative landscaping shall be placed and maintained between
the wall or fence and the property line adjacent to the residential district or use to
form an ornamental screen.
Section 2: Severability. If any sentence, clause, section, or part of this Ordinance or of the Zoning
Ordinance is for any reason found to be unconstitutional, illegal or invalid, such
unconstitutionality, illegality or invalidity shall not affect or impair any of the remaining
provisions, sentences, clauses, sections, or parts hereof. It is hereby declared as the intent of the
Luzerne County Council that this amendment to the Luzerne County Zoning Ordinance would
have been adopted had such unconstitutional, illegal or invalid sentence, clause, section or part
thereof not been included herein.
Section 3. Repealer. All Ordinances or parts of Ordinances conflicting with any provision of this
Ordinance are hereby repealed insofar as the same affects this Ordinance.
Section 4 Codification. Pursuant to the Luzerne County Home Rule Charter and the Pennsylvania
Municipalities Planning Code, the Luzerne County Zoning Ordinance shall hereby be codified to
incorporate the above-referenced amendments.
Section 5. Effective Date. This amendment to the Luzerne County Zoning Ordinance shall take
effect fifteen (15) days after its adoption. The ordinance shall apply to all Data Center Plans in
municipalities under Luzerne County Zoning jurisdiction submitted on or after the effective date.
DULY ADOPTED AND ENACTED by the Luzerne County Council, this ______ day of ______,
2026, in lawful session duly assembled.
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20260308_LCPC_Zoning_Oridnance_Amendment_3_of_2026_V1_Buffer_Yards

Luzerne County Council:

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LUZERNE COUNTY, PENNSYLVANIA
ORDINANCE NO. _______
AN ORDINANCE OF THE LUZERNE COUNTY COUNCIL, PENNSYLVANIA,
TO AMEND THE LUZERNE COUNTY SUBDIVISION AND LAND
DEVELOPMENT ORDINANCE (SALDO) TO DEFINE AND ADD SPECIFIC
REQUIREMENTS
FOR
TRANSIT
CONSIDERATIONS
WITHIN
MUNICIPALITIES UNDER LUZERNE COUNTYS SALDO JURISDICTION.
WHEREAS, Article V of the Pennsylvania Municipalities Planning Code, 53 P.S. § 505,
et seq., authorizes LUZERNE COUNTY to enact, amend and repeal Subdivision and Land
Development Ordinances within the COUNTY and
WHEREAS, the LUZERNE COUNTY COUNCIL deems it to be in the best interest and
general welfare of the residents of LUZERNE COUNTY to update and amend provisions of the
LUZERNE COUNTY Subdivision and Land Development Ordinance to provide for Transit
Consideration; and

NOW, THEREFORE, BE IT ORDAINED AND ENACTED, by the LUZERNE
COUNTY COUNCIL of LUZERNE COUNTY as follows:

Section 1. Section 9 of the Luzerne County Subdivision and Land Development Ordinance, entitled
Definitions, is amended to add the following definitions:
DEFINITIONS

Bus Stop Loading Pad. A level loading area where the front, side, or rear door of a bus
opens to receive and discharge passengers.
Section 2. Section 5 (Design Standards) is amended to add Section 5.7, Transit Considerations:
DESIGN STANDARDS
A. Designated Fixed Route Bus Boarding and Alighting Areas.
1. General provisions.
a. In the case of a residential subdivision or land development, the plan shall provide for
adequate school bus stop facilities, including bus shelters and safe gathering areas for
students. Upon request of the municipality, such facilities shall be reviewed by the
School District.
b. When a proposed subdivision or land development is located within five hundred feet
(500') of an existing designated stop along fixed route public transit service,
L C T A , H P T , or the appropriate transit provider shall be notified.
c. A level loading pad shall be provided at a minimum where the front doors of a fixed
route bus service open to receive and discharge passengers at a designated bus stop. A
second loading pad located at the rear door of the bus may be required.
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d. The level loading pad must be connected via an ADA accessible route to adjacent
pedestrian infrastructure, such as a sidewalk, path, or multi-use trail.
e. The location and design of the loading pad shall be coordinated with LCTA, HPT or
the appropriate transit provider and approved by the County Engineer.
f. Boarding and alighting areas for fixed route bus stops shall be designed and constructed
in accordance with the Section 810 of the United States Department of Transportation's
ADA Standards for Transportation Facilities, 2006 and updates to the DOT Final
Rule effective January 2025.
2. Minimum design standards.
a. Dimensions.
i) The minimum clear width of five feet (5') shall be provided for the loading pad,
measured parallel to the roadway.
ii) The minimum clear length of eight feet (8') shall be provided for the loading pad,
measured perpendicular to the curb or roadway edge.
iii) If directed by the County Engineer due to safety or accessibility concerns, a wider
loading pad or separate bus waiting area shall be provided.
b. Slope.
i) Parallel to the roadway, the slope of the loading pad shall be the same as the
roadway, to the maximum extent practicable. Perpendicular to the roadway, the
slope of the loading pad shall not be steeper than 1:48.
3. Minimum construction standards.
a. Bus stop boarding and alighting areas shall have a firm, stable, and slip resistant
surface, preferably concrete built consistent with the minimum construction standards
for sidewalks or asphalt.

Section 3: Severability. If any sentence, clause, section, or part of this Ordinance or of the
Subdivision and Land Development Ordinance is for any reason found to be unconstitutional,
illegal or invalid, such unconstitutionality, illegality or invalidity shall not affect or impair any of
the remaining provisions, sentences, clauses, sections, or parts hereof. It is hereby declared as the
intent of the Luzerne County Council that this amendment to the Luzerne County Zoning
Ordinance would have been adopted had such unconstitutional, illegal or invalid sentence, clause,
section or part thereof not been included herein.
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Section 4. Repealer. All Ordinances or parts of Ordinances conflicting with any provision of this
Ordinance are hereby repealed insofar as the same affects this Ordinance.
Section 5 Codification. Pursuant to the Luzerne County Home Rule Charter and the Pennsylvania
Municipalities Planning Code, the Luzerne County Subdivision and Land Development Ordinance
shall hereby be codified to incorporate the above-referenced amendments.
Section 6. Effective Date. This amendment to the Luzerne County Subdivision and Land
Development Ordinance shall take effect fifteen (15) days after its adoption.
DULY ADOPTED AND ENACTED by the Luzerne County Council, this ______ day of ______,
2026, in lawful session duly assembled.
Luzerne County Council:

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