On the agenda: Westwhiteland meeting — data center (Apr 14)

WEST WHITELAND TOWNSHIP
Planning Commission
Agenda
Tuesday, April 14, 2026
7:00 P.M.

Etiquette for
hybrid meetings

Meeting will be held in-person and via Zoom
Register for Zoom Meeting
Call by Phone: 1-646-558-8656
Meeting ID: 873 0897 0242
Passcode: 507637
Meeting Packets can be found on the Township website
Reminder to meeting participants: Please speak clearly into the microphone.
CALL TO ORDER
REVIEW OF MEETING MINUTES
Approval of Meeting Minutes: March 17, 2026
PUBLIC COMMENT/CONCERNS/QUESTIONS
Comments or questions regarding issues NOT on the agenda should be raised at this time.
Members of the public will have an opportunity to ask questions and comment upon agenda
items during the discussion on those items.
PLANS
NEW BUSINESS
Review and recommendation regarding the final draft of the Comprehensive Plan.
An electronic version of the draft plan can be found on the Township website:
https://www.westwhiteland.org/161/Township-Comprehensive-Plan
OLD BUSINESS
Draft ordinance regarding data centers.
ANNOUNCEMENTS
ADJOURNMENT
Next Meeting: April 28, 2026

MEMORANDUM
TO:

Planning Commission

FROM:

John R. Weller, AICP
Director of Planning and Zoning

SUBJECT:

Public meeting to present complete draft of new
Comprehensive Plan

DATE:

April 10, 2026

Background
The Comprehensive Plan is perhaps the most basic planning tool provided to the Township by
the Pennsylvania Act 247, the Municipalities Planning Code (MPC). The Plan expresses the
Township’s development philosophy, provides the policy foundation for our Zoning Ordinance
and other land use regulations, and supports many of our grant applications. Our current Comprehensive Plan was created in 1994 and adopted in 1995, with major updates in 2015, 2019,
and 2022. While we have long realized the need for a new Plan, work did not begin in earnest
until 2024, when we received a $50,000 Vision Partnership Program Grant toward that effort
from the Chester County Planning Commission (CCPC).
With the CCPC as our professional consultant and the guidance of a Task Force appointed by
the Board of Supervisors, work on the project began with the first of a series of public meetings
in July 2026. The initial research included meetings with focus groups and an on-line public
survey. The survey ran from October 1, 2024 to February 1, 2025, resulting in nearly 2,000
responses from residents and business owners, suggesting areas of concern and priorities for
the next ten years, including traffic congestion, open space preservation, and stormwater
management.
The Plan includes not only written text, but numerous maps and illustrations. The CCPC prepared the draft over a series of months, assuring that it not only addressed the concerns noted
in the survey but that the Plan would also satisfy all State requirements. As each element of
the Plan was completed, it was reviewed by the Task Force, who discussed the contents and
provided feedback. Finally, at their meeting of February 10, 2026, the Task Force determined
that the draft was complete and unanimously passed a motion recommending that the Board of
Supervisors initiate the adoption process.
The Adoption Process
The process for adopting a Comprehensive Plan is established in Article III of the MPC:
•

After the Board of Supervisors authorizes advertisement of the Plan, the Township Planning
Commission must hold a public meeting to present the final draft version to the public. That
is the purpose of tonight’s meeting. The Plan will be presented by both CCPC personnel
(our consultant) and Township personnel. Planning Commission members are encouraged
to comment and to ask questions; the public is also to be invited to comment. If you find

1

the draft Plan satisfactory, you should pass a motion recommending that the
Board adopt the Plan. You also have the option of passing a motion that recommends
approval subject to specific revisions or conditions. That motion officially begins the review
period mandated by the MPC.
•

Following your motion, Staff will provide copies of the draft Plan to each of the municipalities bordering West Whiteland, the West Chester Area School District, and the CCPC. Each
of these agencies has forty-five days to provide their comments 1 to the Township. After
that 45-day period, we may proceed with the adoption process regardless of whether everyone has responded.

•

When the review period has ended, the Board of Supervisors must convene a public hearing. At the hearing, the Board will review any comments received from the surrounding
municipalities, the school district, the CCPC, the Township Planning Commission, and the
public; the public may still comment in the course of this hearing. The hearing is tentatively
scheduled for June 10, 2026. At the conclusion of that hearing, the Board may direct
changes to the Plan (which, once made, will need to be reviewed and presented at another
hearing) or may formally adopt is as the Township Comprehensive Plan. Once adopted, the
process is complete.

PC MMO’s – Miscellaneous\2026\260410 – Draft CP

1

While it may seem redundant to provide a copy to the CCPC since they were our principal consultant in
this process, it is nevertheless necessary. The requirement for review by the County planning agency is
required by the MPC, as that agency is NOT the consultant for the great majority of Comprehensive
Plans prepared by Pennsylvania municipalities. The County review gives the County the opportunity to
advise as to whether or not the proposed Plan is consistent with County policies and goals.

2

MEMORANDUM
TO:

Planning Commission

FROM:

John R. Weller, AICP
Director of Planning and Zoning

SUBJECT:

Proposed zoning regulations for data centers

DATE:

March 31, 2026

The attached “red line” draft of the proposed amendment to the Township Zoning Ordinance
shows revisions made by Staff in response to the discussion at the meeting of March 17, 2026,
as well as additional research. Please note:
•

Section 1 lists new terms to be defined. The definition proposed for the term “data
center” is consistent with other communities, and we discussed that it applies not only
to the large, stand-alone facilities we are most concerned about, but also to smaller
ones that may be within and accessory to an office or industrial building. For this reason, the draft allows data centers smaller than 20,000 sq.ft. in all zoning districts as an
accessory use. While the term includes smaller facilities, the regulations proposed here
would apply only to data centers that are either the principal use of a property, regardless of size, or have a floor area larger than 20,000 sq.ft., even if they’re part of some
other use. 1 Staff remains of the opinion that this is sufficient, particularly since 20,000
sq.ft. is the threshold beyond which conditional use review is required, but another
approach is to amend the definition of “data center” to exclude the smaller ones. A
model ordinance developed in Allegheny County (metropolitan Pittsburgh) and endorsed
by PennFuture2 has a similar definition for “data center,” except that it includes the disclaimer, “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.” What are your thoughts on
taking this approach instead?

•

In March, we agreed that there should be a minimum separation distance between data
centers and other land uses that would be most sensitive to their impact; this is now
included in Section 4. Some communities (like East Vincent Twp.) call these “sensitive
receptors” and define them as residential uses, educational uses, religious uses, and
hospitals. This approach could create a de facto exclusion 3 for us, as “educational use”
would include the Collegium School athletic fields now under construction along Clover
Mill Rd. (and actually within the I-2 zoning district), and “religious use” would include
Grace Covenant Church in Oaklands. For this reason, we are recommending that the

1

Of course, the smaller facilities allowed as accessory uses by right still need to comply with the physical
performance standards in §325-41 of the Zoning, which apply to all uses everywhere in the Township.

2

“Citizens for Pennsylvania’s Future,” a non-profit environmental advocacy organization based in
Harrisburg.

3

A situation where a use is on the list of permitted uses, but other restrictions – such as a minimum
separation distance – result in there being no legal location for the use in the district(s) where the use
is otherwise permitted.

1

minimum separation distance be measured only from residential uses, so we are
proposing the definition of “residential use” shown here.
•

We have eliminated Section 2, which allowed data centers in the I-1 district, but kept
Section 3, limiting them to the I-2 district. Recall that we agreed not to amend these
regulations to allow buildings taller than fifty feet. Here – and in some other parts of
the draft – we have not yet renumbered subsequent sections to respond to the elimination provisions; we will make sure that the final version is properly numbered.

•

Section 4 still contains the actual regulatory language to be incorporated into Article
VIII of the Zoning Ordinance as a new §325-38.4. There are a lot of changes here:
these are explained below.

•

Section 5 provides parking standards for data centers and is unchanged from before.

•

Sections 6 and 7 are administrative items and are also unchanged.

Comments on the proposed regulations (Section 4).
1. The introductory portion of Subsection C now prohibits primary energy sources as an
accessory use. Back-up energy sources and solar energy systems have been added to the
list of permitted accessory uses. Some of you were uncomfortable with the “catch-all”
clause – now paragraph (9) – but we still recommend including it, as it’s unlikely that we
can anticipate all possible accessory uses, particularly those related to employee amenities
(like an on-site cafeteria or fitness center). Bear in mind, these facilities will need to go
through the conditional use process, so details of any such accessories will be brought to
light at that time and may be addressed by conditions of approval.
2. We agreed that “wireless communications facilities” (i.e., cell towers) should be retained as
a permitted accessory use, but that we would not amend Article XXII to allow towers taller
than 120 feet. It was noted that the design of the facility in East Whiteland once included
150-foot-tall towers, but the most recent design eliminated them, evidently due to new
technology. So this may end up being a moot issue anyway.
3. Subsection D still lists the supplementary information to be provided with the conditional
use application for a data center. There was a question about the use of the term “public
utility” in §D(2)(b). Our research found that while the State PUC regulates only eleven electric suppliers state-wide (one of them being PECO), any entity that distributes and sells
energy on the open market must still have a license from the PUC. We therefore eliminated
the phrase “public utility” here and replaced it with “utility regulated or licensed by the
Pennsylvania Public Utility Commission.”
4. Paragraph D(3) is now split to add a separation requirement. As noted above, the distance
cannot be so large that it creates a de facto exclusion. For example, the model ordinance
from Food and Water Watch recommends that no data center be allowed within 2,500 feet
of a residential zoning district. This is not a feasible restriction for our I-2 district as it
would exclude the entire district except for a 2-acre portion of one parcel. Reducing this to
1,000 feet, as we discussed, still eliminates about half of the district since the southern edge
of the I-2 district abuts the R-1 Residential district. If we change the restriction to apply to
properties actually in residential use, portions south of Clover Mill Rd. become viable, but

2

about half of the area north of Clover Mill Rd. is now excluded due to the J Creekside apartment community. 4 In conclusion, we are recommending a separation distance of 750 feet
from a residential use as the best balance between protecting our residents and allowing
a reasonable number of sites. We will have maps at the meeting to illustrate the impact of
this distance, and we can certainly discuss other options. For now we note:
-

Recall that much of the area north of Clover Mill Rd. is in the floodplain for Valley Ck.
Development in a floodplain requires not only a zoning variance, but also extensive engineering to document that any such development will not worsen the likelihood of flooding downstream. This must be shown to the satisfaction of FEMA.

-

Some ordinances establish a minimum separation distance from schools, hospitals, and
houses of worship in addition to residential. We have not done so here, principally due
to the fact that the Collegium Charter School athletic fields are in the I-2 district, so
requiring a buffer from “educational uses” would eliminate nearly all the property
remaining in the I-2 district after applying the buffer from residential uses.

-

The I-2 district is bisected by the U.S. Route 30 expressway, abuts an active rail line,
and includes a quarry. While we have legitimate concerns about noise and vibration
caused by a data center operation, bear in mind that these existing features also generate noise and vibration: the existing conditions in this area are not pristine.

-

We state that the separation distance is to be measured from the property line of the
residential use (to assure that all of the residential property is protected) to the exterior
walls of the data center operation.

5. The requirement for an emergency response plan has been amended to add that it must
address disposal of waste created by event.
6. A new paragraph D(5) has been added to require a noise and vibration study as part of the
conditional use application. The previous draft had no such requirement, but our research
shows that this is a nearly universal requirement. As proposed, there are three parts to the
study: (1) an analysis of conditions prior to construction of the data center, (2) an estimate
of the noise that would be generated by the data center (specifically including the cooling
system and emergency power supplies), and (3) a post-construction analysis to document
the actual noise. We direct that this analysis be conducted “within three months of the first
August 31 that the … center is fully operational” in order to assure that it will include the
period when temperatures are highest and power demand is greatest.
7. We have amended subsection E, “operational requirements,” to eliminate the dBC noise
limit, since we agreed that this should be added to the Noise Disturbance Ordinance,
thereby making is applicable to all uses and not just data centers. We discussed whether
60dBC was too high a limit. Staff has researched this matter and found information suggesting that the limit could be higher: sources 5 note that the human ear is less sensitive to
4

These apartments are in the O/R Office/Residential zoning district, which is a “commercial/professional”
zoning district, not “residential.” Similarly, the Clover Mill townhouse community in East Caln is in their
OC-3 (office, commercial, hotel/motel campus) district. By specifying residential use rather than district
in the regulations, we protect these residents while simultaneously eliminating properties (like the rail
line) that are in a residential zoning district but could not actually be developed for residential use.

5

Environmental Noise Control, Inc., a California-based specialist in noise control, and the Hearing Health
Foundation, a non-profit organization.

3

this range of noise. In contrast, information from Lancaster County (attached) notes that
sounds beyond the range of human hearing can still affect livestock and wildlife. Based
upon this research, Staff is comfortable with keeping the limit at 60 dBC, but we do not
support making it any lower.
8. Some communities include architectural standards for data centers. We have not included
any here for three reasons: first, we do not have any such standards for other large structures; second, we require extensive landscaping to shield the building(s) from public view,
so one could question the justification for such standards; third, some of the standards we
have seen in other communities are extensive and detailed, creating concerns about interpretation and enforcement.
9. Subsection F addresses the Community Benefits Agreement that is an increasingly common element of data center proposals. These are sometimes proffered by the data center
developer, but we thought it would be helpful to put any developers on notice about the
kinds of benefits we’re really interested in – and that are obviously related to the data
center operation and not just a random wish list.
10. Subsection G is the decommissioning requirement. While we don’t have this requirement
for any other use, Staff finds it appropriate for data centers given the extraordinary size of
the buildings and the likelihood of their obsolescence. The language – including the financial security requirement – is based upon model ordinances we reviewed.
In addition to the red-line of the draft language, we have attached copies of a summary
provided by the Chester County Planning Commission of a March 2026 event at which they discussed data centers as well as a publication by the Lancaster County Planning Commission on
this topic.
As before, if you have any questions, they must be discussed at a public meeting, but you can
provide them to Staff before the meeting so we can be prepared. Dan Cote provided us with a
review of the text that had been generated by AI, which made for interesting reading! Some
points were way off base (it didn’t recognize that we were limiting large data centers to the I-2
district, so it concluded that we’d be allowing them everywhere by right), but others were more
pertinent. We can discuss if you like. Finally, we will not be providing a copy to the Township
Solicitor until the Commission is satisfied with the proposed language, so they have yet to
review it; they may direct changes based upon legal concerns.
Attachments:
1. Draft Ordinance red-line version, dated April 2026.
2. “Data Center Event Recap,” Chester County Planning Commission, dated March 18, 2026.
3. “A Planning Guide Pertaining to Data Centers in Lancaster County, PA,” Lancaster County Planning Commission, dated November 2025.
PC MMO’s – Miscellaneous\2026\260331 – data center zoning

4

BOARD OF SUPERVISORS
WEST WHITELAND TOWNSHIP
CHESTER COUNTY, PENNSYLVANIA
ORDINANCE NO. _______
AN ORDINANCE AMENDING CHAPTER 325, “ZONING,” OF THE WEST
WHITELAND TOWNSHIP CODE OF ORDINANCES TO PROVIDE FOR THE
REGULATION OF DATA CENTERS AS A PERMITTED USE IN THE
TOWNSHIP, INCLUDING DEFINITIONS OF TERMS, ESTABLISHING
PERMITTED LOCATIONS, CONDITIONS FOR APPROVAL, OPERATIONAL
STANDARDS, AND DECOMMISSIONING
BE IT HEREBY ENACTED AND ORDAINED by the Board of Supervisors of West Whiteland Township, Chester County, Commonwealth of Pennsylvania as follows:
Section 1.
Section 325-8, “Definitions,” of Chapter 325, “Zoning,” of the West Whiteland
Township Code of Ordinances is hereby amended to add definitions for the following terms:
DATA CENTER – A building or a portion of a building that houses computer systems and
associated components for the purpose of storage, management, processing, and/or
transmission of digital data. These systems and components may include but are not
limited to servers, switches, routers, communication hardware, and back-up energy
sources, including but not limited to battery storage.
RESIDENTIAL USE – A lot improved with a structure or structures used or suitable for
use as a permanent dwelling or dwellings, including but not limited to convents,
dormitories, life care facilities, monasteries, and personal care facilities. This term
does not include hotels, inns, motels, and similar commercial operations providing
accommodation for a limited duration.
Section 2.
Section 325-18, “I-1 Limited Industrial District,” of Chapter 325, “Zoning,” of
the West Whiteland Township Code of Ordinances is hereby amended by the addition of a new
Section 325-18.B(10)(d), as follows:
d.

Data centers with a total floor area of more than 20,000 sq.ft. or as the
principal use of a property, regardless of size, subject to the additional
provisions of §325-28.4 of this Chapter.

Section 3.
Section 325-19, “I-2 General Industrial District,” of Chapter 325, “Zoning,” of
the West Whiteland Township Code of Ordinances is hereby amended by the addition of a new
Section 325-19.B(11)(l), as follows:
l.

Data centers with a total floor area of more than 20,000 sq.ft. or as the
principal use of a property, regardless of size, subject to the additional
provisions of §325-28.4 of this Chapter.

DRAFT – APRIL 2026

1

Section 4.
Article VIII, “Supplementary Land Use Regulations,” of Chapter 325, “Zoning,”
of the West Whiteland Township Code of Ordinances is hereby amended by the addition of a
new Section 325-28.4, “Data Centers,” as follows:
§325-28.4: Data Centers
A.

Purpose.
The purpose of this section is to assure that the operation of a data center will not adversely affect the health, safety, or general welfare of
the occupants of neighboring other properties or of the public
generally.

B.

C.

Applicability.
(1)

The provisions of this section apply to all data centers that are
the principal use of a property and to data centers that are
accessory to some other principal use of a property where the
total floor area occupied by the data center use is 20,000 square
feet or more. Where a single building contains multiple areas
meeting the definition of a “data center,” the applicability of
this section shall be based upon the combined floor area of all
such data center areas.

(2)

Data centers smaller than 20,000 sq.ft. are permitted as an
accessory use by right in all zoning districts.

Accessory uses.
Facilities and/or equipment designed and intended to be the primary
energy source for the data center are hereby prohibited as an accessory
use. The following uses are specifically permitted when ancillary to the
data center operation:
(1)

Administrative offices.

(2)

Security provisions, including offices and other accommodations
for security personnel, and security structures, including but not
limited to fences and barriers.

(3)

Wireless communications facilities, subject to the provisions of
Article XXII of this Chapter.

(4)

Storage facilities, except that outdoor storage is prohibited.

(5)

Electrical substations.

DRAFT – APRIL 2026

2

D.

(6)

Equipment to provide emergency energy supply should any or all
of the utilities and/or other primary energy providers
temporarily cease to provide energy.

(7)

Roof-mounted solar energy systems, as provided for by §325-44
of this Chapter.

(8)

Water treatment facilities, including facilities for storage of
water, provided that the Applicant can demonstrate to the satisfaction of the Township during the conditional use review process that such facilities will not present a hazard to any
surrounding other property or to the public generally.

(9)

Any other use or structure required to support the data center
operation, provided that the Applicant can satisfy the Township
as to the need for such use or structure in the course of the conditional use review process, and that such use or structure will
not present a hazard to any surrounding other property or to the
public generally.

Conditional use requirements.
In the course of the conditional use review required for data centers
subject to the provisions of this section, the applicant shall address the
following issues to the satisfaction of the Township, in addition to the
impact studies and statements required by §325-124.A of this Chapter.
(1)

DRAFT – APRIL 2026

Water usage. The conditional use application shall include a
description of the water needs of the data center and all proposed accessory uses. This description shall be prepared by a
qualified professional satisfactory to the Township, and shall, as
a minimum:
(a)

Provide estimates of the volume of water to be withdrawn and consumed, and of the volume of wastewater
to be discharged.

(b)

Identify the source(s) of all water to be used by the facility. Where the source(s) include a public utility, the
Applicant shall provide documentation from such utility
stating that they have the capacity to meet the needs of
the project.

(c)

Quantify the impacts of usage and discharge upon the
natural environment and the existing users of the water
source(s), including the impacts upon groundwater and
surface waters, and the fiscal impact upon existing users
and the general public.

3

(2)

(3)

Energy consumption. The conditional use application shall
include a description of the energy needs of the data center and
all proposed accessory uses. This description shall be prepared
by a qualified professional satisfactory to the Township, and
shall, as a minimum:
(a)

Provide an estimate of both the average and peak energy
demands of the facility.

(b)

Identify the source(s) that will meet the projected energy
needs of the facility. Where the source(s) include a public utility regulated or licensed by the Pennsylvania Public
Utility Commission, the Applicant shall provide
documentation from such utility stating that they have
the capacity to meet the needs of the project. If the
documentation from the utility indicates the need for
capital improvements to the generation and/or
distribution infrastructure in order to meet said needs,
the estimated cost of such improvements shall be noted.

(c)

Describe the impact of the facility upon the energy infrastructure and the existing customers of any and all public
utilities that have agreed to supply the facility, including
but not limited to any impact upon service reliability and
the fiscal impact upon existing customers and the general
public.

(d)

The data center operator shall be required to develop or
purchase sufficient new renewable energy to offset one
hundred percent (100%) of the projected electricity
consumption of the data center operation. The effects
and timing of such development and/or purchase shall be
included in the analysis required by §325-28.4.D(2)(d),
hereabove.

(e)

Provide a description of provisions for back-up power,
should any or all of the utilities and other energy providers cease to provide energy temporarily.

Design requirements.
(a)

DRAFT – APRIL 2026

The data center shall be in full compliance with the area
and bulk requirements of the zoning district within which
it is located. The plan provided with the conditional use
application shall demonstrate the feasibility of full
compliance with the landscaping requirements of Article
IV of Chapter 281, “Subdivision and Land Development,”
of the Township Code of Ordinances, including the

4

provision of a “screening buffer” around the perimeter of
the site, pursuant to §281-35.D of the said Article.
(b)

(4)

(5)

Emergency response plan.
(a)

The information submitted with the conditional use application shall include an emergency response plan (“ERP”)
outlining potential emergency situations, including, at a
minimum, fire, flooding and other weather-related
events, and structural damage to the building(s).

(b)

The ERP shall include detailed procedures for responses
to all identified emergency situations, including provisions for fire suppression and containment, evacuation of
the building, and notification of first responders and
other emergency service providers as may be needed in a
given situation.

(c)

If the ERP identifies an emergency situation with the
potential to affect other properties, the ERP shall include
a procedure for providing public notice.

(d)

The ERP shall include a recovery strategy that shall
provide for the safe disposal of waste generated by the
emergency event as well as the restoration of off-site
property damaged by both the emergency event and the
response to the event.

(e)

The ERP shall be reviewed by and found satisfactory to
the Township’s Emergency Management Coordinator
(“EMC”). Should the EMC require the services of a professional consultant to review the ERP, the cost of such
consultant shall be borne by the applicant.

Noise and vibration.
(a)

DRAFT – APRIL 2026

No part of any data center structure, including structures
accommodating accessory uses as provided for above,
shall be closer than 750 feet to any residential use in
existence at the time of submission of the conditional use
application. This distance shall be measured from the
exterior walls of the data center or accessory use
structure to the property line of the lot accommodating a
residential use.

The information submitted with the conditional use application shall include a report on noise and vibration,
prepared by a qualified professional acceptable to the
Township.
5

DRAFT – APRIL 2026

(b)

The report shall include documentation of the noise and
vibration characteristics of the proposed data center
location and the surrounding area to establish the preconstruction conditions. The physical extent of the area
to be analyzed shall be determined in consultation with
an acoustic engineer or similarly qualified professional
retained by the Township.

(c)

The report shall include an estimate of the noise levels
and vibration generated by the data center operation,
specifically including but not limited to cooling
equipment and emergency power supplies.

(d)

If the report determines that the data center will
produce noise in violation of Chapter 213, “Noise
Disturbance,” of the Township Code of Ordinances, the
report shall identify mitigation measures sufficient to
bring the operation into compliance with the said
Chapter.

(e)

If the report determines that the data center will
produce any vibration perceptible to human sense or
feeling beyond the property line of the data center
property, the report shall identify mitigation measures
sufficient to reduce the vibration to the point where it is
no longer humanly perceptible.

(f)

Within three (3) months of the first August 31 that the
data center is fully operational, the data center operator
shall submit to the Township a post-construction report
documenting the noise and vibration generated by the
operation, specifically noting the noise and vibration
generated during testing of back-up power equipment
and of cooling equipment during period of highest
demand.

(g)

If the post-construction report finds that the data center
produces noise in violation of Chapter 213, “Noise
Disturbance,” and/or any vibration perceptible to human
sense or feeling beyond the property line of the data
center property, the data center operator shall take
immediate steps to bring the operation into compliance.

(h)

This reporting requirement shall not be interpreted to
prevent the Township from enforcing Chapter 213 or any
other Township ordinance or regulation prior to the
submission of the report.

6

E.

Operational requirements.
(1)

Data centers shall operate in compliance with the physical performance standards established in §325-41 of this Chapter. In
addition to the noise limits established by Chapter 213 of the
Township Code of Ordinances and cited in said §325-41, the data
center and accessory uses on the property shall not produce
sound exceeding 60 dBC at any time, as measured at the property line of the data center property. [Recall that we agreed
that the dBC sound limit is to be included in the Noise
Disturbance Ordinance so that it will be applicable to all uses,
not just data centers. Also, Staff research indicates that 60 dBC
is the lowest practical limit.]

(2)

Any accommodations for energy storage devices, including but
not limited to batteries, shall comply with National Fire Protection Association Standard 855, “Installation of Stationary Energy
Storage Systems,” and shall be provided with a fire suppression
system(s) designed for the devices being used.

(3)

Electronic waste generated by a data center shall be disposed of
through an entity specializing in the recycling and safe disposal
of electronic waste. Such entity shall be acceptable to the
Township, and the data center operator shall be required to
maintain a log of all such waste provided to such entity. This log
shall be available to the Township upon request.

(4)

The data center shall be inspected at least once annually to
confirm continuing compliance with fire safety standards.

DRAFT – APRIL 2026

(a)

This inspection shall be conducted by or at the direction
of the Township Fire Marshal, or by a third-party entity
retained by the data center operator acceptable to the
Township Fire Marshal.

(b)

In addition to documenting compliance with said standards, the inspection shall note if any site-specific training
and/or equipment should be provided to first responders.

(c)

Should any necessary, site-specific training and/or equipment for first responders be identified, such training
and/or equipment shall be provided to the first responders at the expense of the data center operator and at no
cost to the first responders, the Township, or any other
public entity.

7

F.

Community Benefits Agreement (“CBA”).
The Township shall have the right to require a CBA as a condition of
approval of a conditional use application for a data center. The intent
of a CBA is to define how the data center operator will be required to
offset the impacts of the data center upon the community. Benefits
required by a CBA shall be established in consideration of the following:

G.

(1)

Impacts upon the community identified by the impact studies
and statements required pursuant to §325-124.A and §325-28.4.D
of this Chapter, particularly including the impacts upon traffic,
the natural environment, and historic resources.

(2)

The need for specialized equipment and/or training to monitor
compliance with the provisions of this Chapter as well as any
conditions imposed by the conditional use decision and order.

(3)

The need for specialized equipment and/or training for emergency service providers as identified in the ERP or in consultation with such providers.

(4)

The potential for stream and floodway restoration projects that
will enhance stormwater management facilities, reduce flood
risk, and/or support the Township’s Pollution Reduction Plan.

(5)

Options for enhancing public open spaces and recreational facilities, including but not necessarily limited to how best to satisfy
the requirements established in §281-47 of Chapter 281, “Subdivision and Land Development,” of the Township Code of
Ordinances.

(6)

Opportunities for the preservation, restoration, or adaptive reuse of historic resources upon or in proximity to the site.

(7)

Other concerns as may arise in the course of the conditional use
hearing.

Decommissioning and closure.
The conditional use application shall include a Decommissioning Plan for
the safe shutdown, removal of equipment, disposal and/or recycling of
materials, and site restoration of the data center buildings and property
for implementation at such time that the data center operation ceases.
(1)

DRAFT – APRIL 2026

The Decommissioning Plan shall establish that the decommissioning process will begin within one year of the cessation of data
center operations and that the entire process will be completed
within a period of eighteen months thereafter, unless a longer
period is agreed to by the Board of Supervisors.
8

(2)

The Decommissioning Plan shall provide for:
(a)

The removal of all above-ground structures and equipment;

(b)

The removal of sub-surface infrastructure, including but not
limited to building foundations, underground tanks and other
storage, and utilities;

(c)

The disposal of any hazardous materials in accordance with
applicable law;

(d)

The safe disconnection of all utilities; and

(e)

The stabilization and landscaping of disturbed areas and the restoration of the site generally to a condition compatible with the
surrounding area to the satisfaction of the Township.

(3)

The Board of Supervisors may exempt features from the above
removal requirements where they determine that there is
sufficient public benefit to such features remaining;

(4)

The Decommissioning Plan shall include an estimated cost for
the decommissioning process.

(5)

As a condition of final approval of the land development plan for
the data center, the applicant shall be required to provide financial security in a form acceptable to the Township sufficient to
cover the full cost of executing the Decommissioning Plan.

(6)

In the event that the Decommissioning Plan is not executed to
the satisfaction of the Township, the Township shall have the
right to draw upon the financial security to complete the work.
Should the cost of completing the decommissioning exceed the
amount of the financial security, the Township shall have the
right to pursue all legal means to reimburse the Township for
costs incurred relative to the decommissioning, including placing
a lien upon the subject property.

(7)

The Township shall have the right to direct the data center operator to review the Decommissioning Plan from time to time (but
not more than once in a 24-month period) for the purpose of
confirming its viability, updating the cost estimate, and adjusting the financial security accordingly.

Section 5.
Section 325-39.H(6) of Chapter 325, “Zoning,” of the West Whiteland Township
Code of Ordinances is hereby amended by the addition of the following to the chart in that
section.
DRAFT – APRIL 2026

9

Data centers (20,000 sq.ft. or less)

2 spaces; or 1 space/4,000 sq.ft.
of floor area, whichever is more

Data centers (larger than 20,000 sq.ft.)

As needed, to be determined in the
course of the conditional use hearing for the facility

Section 6.
The provisions of this Ordinance are severable, and if any section, sentence,
clause, part, or provision thereof shall be held illegal, invalid, or unconstitutional by any court
of competent jurisdiction, such decision of the court shall not affect or impair the remaining
sections, sentences, clauses, parts, or provisions of this Ordinance.
Section 7.
enactment.

This Ordinance shall take effect and be in force five (5) days from the date of

ENACTED AND ORDAINED this _____ day of _________ 2026.
BOARD of SUPERVISORS
WEST WHITELAND TOWNSHIP

Brian Dunn, Chair

Rajesh Kumbhardare, Vice-Chair

Libby Madarasz, Supervisor

ATTEST:

Pam Gural-Bear, Township Manager

DRAFT – APRIL 2026

10