On the agenda: Whitemarsh Township meeting — Data Center (Aug 11)

WHITEMARSH TOWNSHIP
PLANNING COMMISSION MEETING (IN-PERSON)
AGENDA
AUGUST 11, 2026
6:30 PM
BUSHONG__ GLANTZ PATCHEN___ KOSTYK___ QUITEL___ SHAW-FINK___ SHULA___ NORBECK___
MANUELE (BOS) ___ GUTTENPLAN (Staff) ___ HEINRICH (Engineer) ___ SANDER (Solicitor’s Office) ___
KONETCHY (MCPC) ___

1. CALL TO ORDER
2. ANNOUNCEMENTS & CORRESPONDENCE
•

All speakers are requested to speak directly into the microphones.

3. APPROVAL OF MINUTES
•

July 15, 2026

4. ZONING HEARING BOARD APPEALS (None)
5. CONDITIONAL USE APPLICATIONS (None)
6. SUBDIVISION &/OR LAND DEVELOPMENT APPLICATIONS (None)
7. OLD BUSINESS
• Review Final Draft Data Center Ordinance and Potential Suitability Siting Analysis
8. NEW BUSINESS
9. PLANNING COMMISSION MEMBER COMMENTS
10. PUBLIC COMMENT FOR NON-AGENDA ITEMS
11. ADJOURNMENT

TENTATIVE AGENDA NEXT MEETING; September 8, 2026
CU# 04-26 The Injector Room, LLC; 431 S Bethlehem Pike; Medical Use in VC-1 District

___________________________________________________________________________________

PUBLIC PARTICIPATION INFORMATION
1.
2.
3.
4.
5.
6.

Public meetings of the Commission shall follow a prescribed agenda, which will be available to
the general public no later than the Friday preceding the meeting.
If members of the public wish the Commission to address a specific item at a public meeting, a
written request to the Staff Liaison shall be submitted at least one week before the meeting.
The written request shall specify the item or items the individual desires to be addressed.
The Commission may consider other matters for the agenda as they see fit.
The Commission will entertain Public Comment at the conclusion of the discussion of the item
and prior to specific action on the item during the meeting, at the discretion of the
Chair. Individuals must advise the Chair of their desire to offer such comment.
A Public Comment period will be provided at the conclusion of a meeting for input on any new subject.
The Commission Chair shall preside over Public Comments and may within their discretion:
a.
Recognize individuals wishing to offer comment.
b.
Require identification of such persons.
c.
Allocate total available Public Comment time among all individuals wishing to comment.
d.
Allocate up to a five (5) minute maximum for each individual to offer Public
Comment at a meeting, Township Staff shall time comments and shall announce,
“one minute remaining” and “time expired” to the Chair.
e.
Rule out of order scandalous, impertinent and redundant comment or any comment the
discernible purpose of which is to disrupt or prevent the conduct of the business of the
meeting including the questioning of, or polling of, or debating with, individual
members of the Commission.

____________________________________________________________________________________

WHITEMARSH TOWNSHIP
PLANNING COMMISSION MEETING (IN-PERSON)
MEETING MINUTES
July 15th, 2026
6:30 PM
Attendees/Participants: Scott Quitel, Donald Norbeck, Carmen Bushong, Dave Shula (Vice Chair), Aaron Kostyk (Chair),
Krista Heinrich (Township Engineer), Charlie Guttenplan (Director of Planning and Zoning), Mark Platcha (Solicitor’s Office),
Vince Manuele (BOS Liaison), Tim Konetchy (MCPC)

1. CALL TO ORDER Mr. Kostyk called the meeting to order at 6:34 PM.
2. ANNOUNCEMENTS & CORRESPONDENCE
•
•

Mr. Guttenplan reminded everyone to speak directly into the microphone.
As a re-scheduled meeting, this meeting was advertised in the Times Herald on July 9, 2026.

3. APPROVAL OF MINUTES
• June 9th, 2026
Mr. Shula motioned to approve the minutes as presented, Mr. Norbeck seconded. Motion carried
with 4-0-1(Ms. Bushong abstained; she was not at the previous meeting).
4. ZONING HEARING BOARD APPEALS (None)
5. CONDITIONAL USE APPLICATIONS
6. SUBDIVISION &/OR LAND DEVELOPMENT APPLICATIONS
• SLD #01-26 Conshohocken Public Safety Building; Land Development Waiver Request; 11091119 Fayette Street & 1201 Butler Pike, Conshohocken
Ms. Karen McNair (Gilmore Associates), representing the applicant and serving as the Borough
Engineer for Conshohocken, presented the proposed public safety facility project. She explained that
the building would be shared between Conshohocken Borough and Whitemarsh Township, with the
portion located in Whitemarsh comprising roughly half of the fire service area. The facility is designed
to house fire and EMS operations, with additional shared spaces in the center of the building. She
highlighted that the second floor would include approximately 1,800 square feet of flexible community
space intended for use by the broader community, including Whitemarsh residents. Ms. McNair walked
through renderings of the building, including views from Butler and Fayette Streets, a rear view showing
green space and gathering areas, and a pedestrian promenade running through the site to connect
Fayette and Harry Streets. She also presented the site plan, noting the orientation of surrounding
streets, the adjacent cemetery property, and existing conditions, including the demolition of the former
auto dealership on the site.
Ms. McNair further reviewed technical aspects of the project, including utilities, landscaping, erosion
and sediment control, stormwater management, and lighting. She noted that the project had received
support from the Shade Tree Commission and that the stormwater design would reduce runoff currently
flowing toward Fayette Street by capturing and redirecting it within the site. She also confirmed that
necessary permits, including an NPDES permit and PennDOT highway occupancy permit, were in
progress. She stated that the applicant had reviewed all consultant letters and had no objections to the
comments provided.
Mr. Guttenplan added that the Township engineer’s recommendation for a land development waiver
was contingent upon obtaining an earth disturbance permit, which is already underway. A Commission
Member asked for clarification on whether the applicant was seeking a waiver of land development

1

approval in both municipalities, and Ms. McNair confirmed that a similar waiver request was being made
in Conshohocken.
A Commission Member then raised concerns about potential soil contamination from the former auto
dealership use. Ms. McNair explained that the site is undergoing the Pennsylvania Act II environmental
review process and that some contamination—primarily related to motor oil and typical automotive
uses—had been identified. She stated that the proposed remediation approach is to cap the impacted
area with impervious surface, noting that groundwater is deep and not affected. In response to a followup question about specific contaminants, she reiterated that findings were limited and consistent with
prior automotive use, along with naturally occurring substances such as arsenic in Pennsylvania soils.
Another Commission Member asked Mr. Guttenplan to clarify a comment in the Township’s review letter
regarding zoning compliance. Mr. Guttenplan explained that, although the property is located in a
residential zoning district, the proposed public safety use is exempt from zoning requirements. He noted
that the requested plan revision would simply add language to clearly document that exemption on the
record for future reference.
Additional questions from the Commission focused on the building’s use and programming. A
Commission Member asked whether the facility would consolidate existing fire and EMS services, and
Ms. McNair confirmed that it would combine Conshohocken’s current fire stations and EMS operations
into a single location. Another Commission Member inquired about the community room, and Ms.
McNair stated that it would function like other public facilities, with availability for community use and
rental.
Public Comment:
Sydell Zove (Harts Ridge Road) asked whether the building would include elevator access to the second
floor and what the capacity of the community room would be. Ms. McNair confirmed that an elevator
would be provided and that the room would have a maximum capacity of 50 people. Ms. Zove then
asked whether the applicant had considered removing and properly disposing of the contaminated soil
rather than capping it, to allow for more green space. Ms. McNair responded that the impacted area is
relatively small—under 1,000 square feet—and that capping is an accepted remediation method that
protects public health while allowing for expanded usable space. When Ms. Zove asked if the decision
was cost-driven, Ms. McNair explained that the approach balances safety and usability, providing
accessible gathering space while still maintaining green space elsewhere on the site. Ms. Zove
expressed her preference for preserving as much open and planted space as possible and encouraged
removal of the contaminated soil.
A Commission Member then asked Ms. Heinrich for professional input on the remediation approach.
Ms. Heinrich noted that the impacted area lies within Conshohocken’s jurisdiction, limiting Whitemarsh’s
authority to require changes. She explained that capping is a recognized and acceptable remediation
method under DEP guidelines, particularly where there is no groundwater impact, and that it effectively
protects against human exposure. She acknowledged the tradeoff between environmental preference
and practical considerations such as cost and usability of the space.
The Commission briefly discussed the preference for soil removal versus capping, with one Commission
Member acknowledging that while removal may be ideal, it requires transporting contaminated material
elsewhere and does not eliminate the issue entirely.
With no further questions or comments, Mr. Norbeck made a motion to recommend approval of the land
development waiver request. Mr. Shula seconded the motion, and it passed unanimously by a 5-0 vote.
7. OLD BUSINESS
8. NEW BUSINESS
• Draft Zoning Ordinance provisions for data centers and siting analysis
Mr. Konetchy, the Township’s planning consultant, introduced a draft data center ordinance
developed in coordination with Township staff and the Solicitor to proactively regulate this emerging
land use. He explained that data center facilities housing servers and supporting infrastructure such

2

as cooling and power systems—are increasing in scale nationwide, making it important for the
Township to establish clear standards before any applications are submitted. The draft ordinance
is based largely on model guidance from the Montgomery and Chester County Planning
Commissions, as well as input from PennFuture and ongoing coordination with local staff.
He reviewed key components of the ordinance, including definitions, permitted zoning districts, and
a range of use standards. Proposed regulations address site design elements such as access
requirements, parking, building height, and minimum lot size, along with substantial setback
requirements, including expanded buffers from “sensitive receptors” such as residences, schools,
and healthcare facilities. He also described mapping analysis used to identify appropriate areas
within industrial and similar districts while avoiding impacts to surrounding uses.
Mr. Konetchy outlined design and environmental standards, including façade articulation, extensive
landscaping buffers, and screening requirements. He noted proposed energy standards such as
LEED certification and minimum renewable energy sourcing for larger facilities, as well as
operational regulations addressing backup power generation, emissions, and limits on generator
use. Additional provisions include water usage controls (favoring closed-loop systems), thermal
impact mitigation, and noise standards requiring both pre- and post-construction analysis to ensure
minimal off-site impacts.
He further described requirements for emergency management planning, coordination with local
responders, and ongoing inspection and training. The ordinance also includes standards for
electronic waste disposal and detailed decommissioning requirements to ensure sites are properly
restored if facilities cease operations. Mr. Konetchy summarized public comments received, which
included requests for stricter generator limitations, expanded landscaping and renewable energy
requirements, and additional notification provisions. He concluded by outlining the next steps,
including Planning Commission feedback, revisions as needed, and eventual consideration by the
Board of Supervisors following a public hearing.
A Commission Member opened the discussion by confirming receipt of public comments and
outlining the goal of reviewing the draft ordinance, identifying potential revisions, and advancing a
refined version to the Board of Supervisors. Members generally agreed with many of the public
suggestions and supported incorporating them where appropriate. Early discussion focused on
whether the ordinance should further limit the number of eligible zoning districts; Mr. Konetchy
explained the mapping of sensitive receptors and industrial areas, noting that while narrowing
locations could reduce impacts, restricting it too heavily—such as to only the quarry site—could be
considered unreasonable if few suitable areas remained available.
The Commission also examined the ordinance’s 50-megawatt threshold, with members expressing
concern that smaller data centers could avoid stricter requirements despite still having meaningful
impacts. A tiered regulatory approach was suggested, where mid-sized and large-scale facilities
would face increasing levels of scrutiny related to energy use, noise, and environmental effects.
Mr. Konetchy noted that many standards already apply broadly but acknowledged that additional
tiers and stronger provisions could be incorporated.
Significant attention was given to infrastructure impacts, particularly electrical demand and grid
capacity. Commissioners emphasized that data centers should be responsible for mitigating their
strain on the power grid, rather than shifting costs to residents, and discussed expanding the
“energy usage plan” requirements to better address long-term grid impacts. Additional concerns
included reliance on diesel backup generators, with suggestions to further encourage battery
storage or cleaner alternatives, as well as ensuring robust noise and vibration controls.
The group also discussed water consumption, efficiency, and sustainability measures, highlighting
the benefits of closed-loop cooling systems and the importance of enforceable energy standards
such as LEED or similar benchmarks. Members noted that while data centers can provide tax
revenue benefits, they generate relatively few permanent jobs, reinforcing the need for careful
regulation. The discussion concluded with agreement that the ordinance should remain flexible and
be revisited regularly, given the rapid evolution of data center technology and emerging regulatory
practices.

3

Mr. Konetchy agreed with Commission feedback that sustainability standards should be
strengthened, expressing support for requiring formal certification (such as LEED) rather than
simply referencing guidelines, and noted that newer certification processes allow for phased
approval from design through construction. Commission members discussed supplementing LEED
with additional measurable standards, such as ISO environmental performance metrics, to better
capture energy efficiency, water use, and overall sustainability outcomes.
The Commission also raised several design and operational concerns, including requiring noise
compliance to be demonstrated during the design phase, enhancing visual screening and
landscaping to reflect actual site conditions, and ensuring planting plans respond to environmental
impacts rather than relying on generic buffers. Broader discussion emphasized the need to better
understand real-world data center impacts—such as water usage, heat generation, air quality, and
waste—through case studies and existing examples, rather than relying solely on model
ordinances. Mr. Konetchy noted that many regulations are based on county and advocacy guidance
but agreed additional case study context could strengthen the Township’s approach.
During public comment, residents including Mr. Kaufman, Ms. Zove, and Mr. and Ms. Blazynski
expressed concern about legal limitations, enforcement, and long-term impacts. Key themes
included ensuring a strong burden of proof on applicants, preventing excessive zoning relief,
strengthening decommissioning and enforcement provisions, and addressing environmental and
health impacts such as air quality, noise, and energy demand. Residents also supported making
the ordinance adaptable over time, with regular updates as more data and best practices emerge.
Overall, the discussion highlighted a shared goal of advancing the ordinance promptly while
strengthening it where feasible, balancing legal constraints with proactive protections to ensure
data center development is responsibly managed and aligned with community interests.
The Commission continued discussion with additional public comments from Ms. Proud and Mr.
Kaufman, who raised concerns about timing, transparency, and legal enforceability. Ms. Proud
emphasized the importance of allowing residents adequate time—especially during the summer—
to review information and provide input, while Mr. Kaufman questioned whether the ordinance could
be structured strongly enough to withstand challenges before the Zoning Hearing Board. In
response, a Commission Member explained that the draft ordinance will still go before the Board
of Supervisors with full public notice, ensuring further opportunity for community comment, and
noted the importance of adopting baseline protections promptly to avoid gaps if a proposal is
submitted.
Commissioners broadly agreed that the ordinance should be adopted soon but revisited regularly,
with plans to reassess within six months as new case law, projects, and best practices emerge.
Discussion highlighted the balance between being sufficiently protective and avoiding overly
restrictive provisions that could invite legal challenges. Mr. Guttenplan cautioned that excessive
strictness could render the ordinance unreasonable, while other members supported leaning on
established precedent and objective standards to strengthen defensibility.
Additional discussion covered procedural considerations, including the role of the Zoning Hearing
Board versus the Board of Supervisors, potential incentives for compliance, and ensuring
requirements apply to smaller-scale data centers as well as large facilities. Commissioners also
reaffirmed support for incorporating clear, objective benchmarks—such as LEED certification and
similar standards—to guide evaluation and reduce ambiguity in enforcement.
The meeting concluded with a summary of proposed amendments compiled by Mr. Konetchy,
addressing topics such as generator regulations, notification requirements, landscaping, renewable
energy, grid impact analysis, noise mitigation, and decommissioning enforcement. While one
Commission Member expressed interest in further review before advancing, others supported
moving forward to avoid delays, emphasizing that refinements can continue after adoption. Mr.
Konetchy confirmed he could incorporate the proposed revisions quickly and present an updated
draft to the Board of Supervisors in the near term.

4

The Commission clarified that, because data centers would be classified as a conditional use, any
proposed projects would go directly before the Board of Supervisors rather than the Zoning Hearing
Board. Members viewed this as an important procedural safeguard, ensuring elected officials retain
oversight of large-scale developments. A Commission Member also noted from prior experience
that developers sometimes move quickly to submit applications when they are aware that an
ordinance is being updated—occasionally rushing incomplete plans simply to be “grandfathered”
under older, less restrictive rules. This reinforced a shared sense of urgency among the
Commission to adopt the ordinance promptly so that baseline protections are in place before any
such applications are filed.
Mr. Guttenplan and Mr. Plachta then discussed key procedural and legal requirements. They
confirmed that the ordinance must be reviewed by the County Planning Commission prior to
adoption, and that the required 30-day review period would begin once the revised draft is finalized.
Questions were also raised about how applications submitted between the time of advertisement
and final enactment would be treated under the law. Mr. Plachta indicated he would confirm the
exact legal interpretation to ensure the Township proceeds correctly. The Commission also
explored whether it could streamline the process by combining actions—specifically,
recommending approval of the ordinance while simultaneously authorizing its advertisement for a
public hearing.
As discussion continued, members emphasized the importance of maintaining momentum while
still ensuring the ordinance is legally sound and procedurally correct. They reiterated that even after
adoption, the ordinance would remain a living document, subject to ongoing review and refinement
as case law develops and as more real-world data center projects are proposed and evaluated in
surrounding municipalities. This forward-looking approach was seen as critical to balancing
urgency with long-term effectiveness.
In closing, the Commission outlined the next steps: the revised ordinance will be finalized with the
agreed-upon amendments, forwarded for County review, and then formally advertised ahead of a
Board of Supervisors meeting. At that stage, residents will again have the opportunity to review the
full document and provide public comment before any final adoption. The Commission also
indicated that the topic would be placed on a future agenda for continued monitoring and potential
updates.
The Commission then took formal action. Mr. Norbeck made a motion to recommend approval of
the draft ordinance with the following proposed amendments:

•
•

•
•
•
•
•
•
•
•

Define “critical function” and “emergency outage” (Section 116-11)
Require applicants to notify the Township before scheduled backup generator testing
(Section 330.G.)
Strengthen landscape buffer standards and ensure consistency with Chapter 55,
Tree Protection Standards (Section 330.D.)
Apply a renewable energy requirement to data centers below 50 MW and increase
the requirement beyond 10% for facilities above 50 MW (Section 330.E.)
Require buildings to be designed to accommodate rooftop solar installations
(Section 330.E.)
Require building renderings or elevations that provide a complete view of the site
(Section 330.C.)
Require notice to property owners within 1,000 feet of a proposed groundwater well
who rely on private groundwater wells (Section 330.H.)
Strengthen the requirement to study battery storage and require its use before
considering diesel generators (Section 330.E. and -F.)
Enhance energy usage plan requirements related to the electric utility provider
(Section 330.E.)
Require all noncritical functions to cease during an emergency outage (Section
330.E. and -G.)
5

•
•
•
•

Require LEED certification and establish standards related to ISO/IEC 30134 (Section
330.E.)
Require proposed noise mitigation measures to be addressed during the design
phase as part of the pre-construction acoustical study (Section 330.J.)
Require rooftop equipment to be screened from view (Section 330.C.)
Strengthen decommissioning requirements and specify that the property owner
bears all costs (Section 330.M.)

The motion was seconded by Mr. Shula and passed unanimously (5-0).
The Commission subsequently reopened the motion to include a recommendation for authorization
for advertisement of a public hearing in order to expedite the process; this amendment was also
approved unanimously.
9. PLANNING COMMISSION MEMBER COMMENTS (None)
10. PUBLIC COMMENT FOR NON-AGENDA ITEMS (None)
11. ADJOURNMENT
With no further comments from members or the public, a motion to adjourn was made by Ms.
Bushong, seconded by Mr. Norbeck, and passed 5-0. The meeting was adjourned at 8:50 PM.
Respectfully submitted,
Charles L. Guttenplan, AICP
Director of Planning & Zoning

The Planning Commission is appointed as an advisory group to the Board of Supervisors and the Zoning Hearing Board with
respect to comprehensive land use planning, existing land use, and various land use and zoning applications in Whitemarsh
Township. No formal decisions are rendered by the Planning Commission. Formal decisions are rendered by the Board of
Supervisors or Zoning Hearing Board, as prescribed by law, based on the type of application.

6

MONTGOMERY COUNTY
BOARD OF COMMISSIONERS
Jamila H. Winder, Chair
Neil K. Makhija, Vice Chair
Thomas DiBello, Commissioner

Montgomery County
Planning Commission
Montgomery County • PO Box 311
Norristown, PA 19404-0311
610-278-3722
[email protected]

www.montgomerycountypa.gov

Scott France, AICP
Executive Director

August 4, 2026
SUBJECT:

Whitemarsh Township – Draft Data Center Ordinance Revisions

TO:

Whitemarsh Township Planning Commission;
Dave Sander, Esq., Township Solicitor;
Charles L. Guttenplan, AICP, Director of Planning & Zoning/Zoning Officer;
Sam Zrillo, AICP, Township Planner;

FROM:

Tim Konetchy, AICP, Principal Community Planner I

Background
At its July 15, 2026 meeting, the Whitemarsh Planning Commission reviewed draft zoning regulations for data
centers, as well as a map titled “Data Center Potential Suitability Screening Analysis.” Staff summarized the
proposed regulations, discussed the map, and answered questions. Public input was received and discussed
among the Planning Commission.
After due deliberation, the Planning Commission voted to recommend the proposed ordinance to the Board of
Supervisors, subject to the revisions discussed below, and authorize advertisement of a public hearing. The
motion, made by Donald Norbeck and seconded by J. David Shula, carried 5-0-0.
This memo summarizes the ordinance revisions requested by the Planning Commission and updates made to the
Data Center Potential Suitability Screening Analysis map since the last meeting.
Ordinance Revisions
The Planning Commission directed staff to prepare the following revisions to the draft ordinance:
1. Define “critical function” and “emergency outage” (Section 116-11)
2. Require applicants to notify the Township before scheduled backup generator testing (Section
330.G.)
3. Strengthen landscape buffer standards and ensure consistency with Chapter 55, Tree Protection
Standards (Section 330.D.)
4. Apply a renewable energy requirement to data centers below 50 MW and increase the
requirement beyond 10% for facilities above 50 MW (Section 330.E.)
5. Require buildings to be designed to accommodate rooftop solar installations (Section 330.E.)
6. Require building renderings or elevations that provide a complete view of the site (Section
330.C.)
7. Require notice to property owners within 1,000 feet of a proposed groundwater well who rely on
private groundwater wells (Section 330.H.)

8. Strengthen the requirement to study battery storage and require its use before considering diesel
generators (Section 330.E. and -F.)
9. Enhance energy usage plan requirements related to the electric utility provider (Section 330.E.)
10. Require all noncritical functions to cease during an emergency outage (Section 330.E. and -G.)
11. Require LEED certification and establish standards related to ISO/IEC 30134 (Section 330.E.)
12. Require proposed noise mitigation measures to be addressed during the design phase as part of
the pre-construction acoustical study (Section 330.J.)
13. Require rooftop equipment to be screened from view (Section 330.C.)
14. Strengthen decommissioning requirements and specify that the property owner bears all costs
(Section 330.M.)
Since the meeting, MCPC and Township staff have incorporated the Planning Commission’s requested revisions,
and the Solicitor has put into adoptable ordinance format. The final draft ordinance is attached for review. A
detailed explanation of how each revision was addressed will be provided at the meeting.
Updated Data Center Potential Suitability Screening Analysis
During review of the Data Center Potential Suitability Screening Analysis map, staff identified a few items that were
missing or not fully shown on the map. The map has been updated to address these omissions and provide a more
complete analysis. The updated map is attached for review.
The most significant update concerns residential zoning districts, which are afforded a 500-foot buffer from data
center buildings. The previous version of the map showed the required setback for many residential districts, but
not all. The map has been revised so that all residential districts are appropriately buffered, removing much of the
white space where neither a sensitive receptor buffer nor an industrial district was shown.
Community centers are included in the definition of sensitive receptor; however, Township community centers
were not included on the previous version of the map. Township staff identified two community centers, one at
Miles Park and one at Koontz Park, which have been added to the map. Both are already located within sensitive
receptor buffers due to nearby residential zoning districts and properties. There is no impact on the potential siting
of a data center based on the addition of the community centers to the map.
Conclusion
The Planning Commission is asked to review the draft ordinance and, if the concerns raised at the July 15 meeting
have been adequately addressed, recommend that the Board of Supervisors adopt the proposed ordinance after
holding a public hearing. The Board would be able to hold a public hearing at its September 10th meeting. A formal
review of the ordinance must also be provided by the Montgomery County Planning Commission pursuant to
Section 609 of the Municipalities Planning Code. This review may occur concurrently with public notice and must
be available prior to the public hearing.
Attachments:
- Data Center Potential Suitability Screening Analysis Map, 1 page
- Draft Data Center Ordinance, 18 pages

2

Ave
Lafa
yette

Gree
lley

iss
a

WG
erm
an
Pike town

Germantown Pike

e Pi

CLI - Campus-Type Limited
Industrial

Miles

¹

Montgomery County Planning Commission, Montgomery County GIS,
Montgomery County GIS, Montgomery County DPS, Montgomery County
HHS | Published May 29, 2026; Updated July 29, 2026

d
R
ill
H
n
rre
Ba

Rd

hL

n

St

1

ort

ct
or

0.5

ov
e

He

0.25

EN

E

Note: All other locations (white background)
are >500' from sensitive receptors and are
not zoned AR, CLI, CLI-X, EX, HVY, or LIM

Gr

Ln

St

LIM - Limited Industrial

El
m

No
rth

Ce
da
r

E

HVY - Heavy Industrial

Fayette St

EX - Extraction

Fayette St

CLI-X - Modified Campus-Type
Limited Industrial

0

ke

Butler Pike

Ridg

Harts Ln

AR - Administration and Research

Church R

d

Zoning Districts

W Wissahickon Ave

d
ill R
WM

Rd

Rd

500' Sensitive Receptor Buffer
Community Centers

ick

d
lR
Hil

uth

mo
Ply

Rd

d

Flo

Private School
Public School

wn

o
urt

R

Rd

as

Long Term Care Facilities

om

rc

Sch
uyl
kill
E

xpr

ess

wa

y

Northwestern Ave

Na

Th

Libraries

litia

Day Care Centers

Mi

Hospitals

Butler Pike

Freight Rail Lines

Cr

Stenton A
ve

Joshua Rd

Collector Roadway

et

Township
Line Rd

E Mill Rd

E Va

W Valley Green Rd

nia
M Turn
ilit
pik
ia
e
H
ill
R
d

Pe

nn

sy

lva

Butler Pike

Minor Arterial Roadway

ke
Pi

Principal Arterial Roadway

em

Expressway

h
le
th

Natural Gas Pipeline

Church Rd

Be

220kV Electric Transmission
Lines

Skippack Pike

d

Hill R

n Rd

W Butler
W Butler Pike Pike

Fire Stations

e

Police Stations

Pik

Municipal Boundary

Camp

rt
n
Fo ngto y
i
sh swa
Wa pres
Ex

Legend

Pennsylvania Av
e

Lafayette
Ave
Connector

em
eh
thl
Be

Data Center Potential
Suitability Screening Analysis

W Butler W
Bu
Pike Pik tler
e

Whitemarsh Township

Morris R
d

WHITEMARSH TOWNSHIP
MONTGOMERY COUNTY, PENNSYLVANIA
ORDINANCE NO. _______
AN ORDINANCE OF WHITEMARSH TOWNSHIP, MONTGOMERY
COUNTY, PENNSYLVANIA, AMENDING THE WHTEMARSH TOWNSHIP
ZONING ORDINANCE TO ADD DEFINITIONS AND PROVISIONS
GOVERNING DATA CENTERS; REPEALING ALL INCONSISTENT
PROVISIONS; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING
AN EFFECTIVE DATE
WHEREAS, the Board of Supervisors of Whitemarsh Township has
enacted the Whitemarsh Township Zoning Ordinance, which provides
regulations for land uses in Whitemarsh Township; and
WHEREAS, data centers are a legitimate business use in the
Commonwealth of Pennsylvania and the United States as the demand for
internet services and artificial intelligence continues to increase; and
WHEREAS, the Board of Supervisors desires to define and provide for
data centers in Whitemarsh Township while at the same time adopting
regulations to protect the health, safety, and welfare of the residents of
Whitemarsh Township and the general public from the potential adverse
impacts of data centers on the community;
NOW, THEREFORE, it is hereby ORDAINED and ENACTED by the
Board of Supervisors of Whitemarsh Township as follows:
I.
Section 116-11 of the Whitemarsh Township Zoning Ordinance is
amended to add the following definitions in alphabetical order
CRITICAL FUNCTION
Operations and systems necessary to prevent the loss, corruption, or
compromise of data; maintain network security; protect public health and
safety; or prevent physical damage to buildings, equipment, or
infrastructure.
EMERGENCY OUTAGE
An unplanned and temporary interruption of electrical service caused by a
utility system failure, severe weather event, or other unforeseen
circumstances beyond the control of the property owner that impacts a
1

structure, building, property, or utility service area. This term shall not
include routine maintenance, readiness testing, scheduled service
interruptions, generator testing, demand-response events, or peak shaving.
DATA CENTER
A facility primarily used for housing and operating computer systems and
associated equipment, including servers, data storage and processing
systems, and accessory infrastructure such as cooling systems, power
generators, electrical substations, and network hardware.
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; energy generation systems designed or
used to supply power directly to a data center during normal operations;
backup energy generation systems 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 and structures
are located on the same tract or assemblage of adjacent parcels developed
as a unified development with a data center.
SENSITIVE RECEPTOR
Buildings used for residences (including institutional uses with a residential
component), schools, daycare centers, preschools, hospitals, community
centers, and similar institutional uses.
II.
Section 116-33.G. of the Whitemarsh Township Zoning Ordinance is
amended to add a new subsection (5) as follows:
“(5) Section 116-330.C.(8). shall apply to fences related to data center use.
III. The table in Section 116-184.A. of the Whitemarsh Township Zoning
Ordinance is amended to add the following in alphabetical order:
“Data center uses:
Data center

Data center: 1 per employee and 5 visitor
spaces

2

Data center
accessory use

Data center accessory use: 1 per employee”

IV.
The Whitemarsh Township Zoning Ordinance is amended to add the
following new Article XLII as follows:
“ARTICLE XLII. Data Centers
Section 329. Permitted Districts
Data centers shall be permitted only by conditional use in the following
zoning districts:
A. AR Administrative and Research District
B. CLI Campus-Type Limited Industrial District
C. CLI-X Modified Campus-Type Limited Industrial District
D. EX Extraction District
E. HVY Heavy Industrial District
F. LIM Limited Industrial District
Section 330. Standards for Use
A. Vehicular Access and Parking Standards
(1)
Data centers shall take access from an arterial or collector
road and shall have secondary access suitable for emergency
response purposes.
(2)
Parking shall be provided in accordance with the provisions
of Article XXVI.
B. Dimensional Standards
(1)
Minimum lot area. Data centers shall meet the minimum
lot area requirements of the underlying zoning district;
notwithstanding, data centers over 100,000 square feet in gross
floor area shall have a minimum lot area of 5 acres. Where any
conflicts exist between the requirements of the underlying
zoning district and standards herein, the stricter requirements
shall be used.
(2)
Maximum building height. Data centers and freestanding
accessory uses may not exceed 60 feet in height. The maximum
height shall be inclusive of rooftop appurtenances and rooftop
accessory uses.
(3)

Minimum setbacks from property lines. Data center

3

principal buildings, accessory uses, and truck idling areas shall
have a minimum setback from all property lines of 250 feet, with
the exceptions of utility lines, fiber optic lines, and security
stations.
(4)
Minimum setback from sensitive receptors. Data center
principal buildings and accessory uses shall have a minimum
setback of 500 feet from any residential district, any property
line of a residentially zoned and/or used property, and any
property line of another sensitive receptor.
(5)
Maximum building coverage. Data centers shall not exceed
the maximum building coverage requirements of the underlying
zoning district.
(6)
Maximum impervious ground cover. Data centers shall not
exceed the maximum impervious ground coverage requirements
of the underlying zoning district.
C. Aesthetic Standards
(1)
Principal building facades shall require a horizontal offset
of at least ten feet at intervals of no more than 150 linear feet
(measured horizontally) of principal building facade.
(2)
No more than 60 percent of a principal building facade
may consist of one building material.
(3)
No more than 60 percent of a principal building facade
may consist of one color, texture, or pattern.
(4)
Principal building facades shall require fenestration, stepback(s), cantilever(s), projection(s), or architectural elements
extending horizontally across at least 60 percent of the facade.
(5)
Each principal building shall include an articulated main
entrance. This entrance shall be differentiated from the rest of
the building with a change in building material, pattern, texture,
color, or architectural accent. It shall also either project or be
recessed from the adjoining building plane.
(6)
Elevations/renderings of all principal building and
accessory building facades visible from off-site shall be
submitted with the conditional use application.
(7)
Roof-mounted equipment shall be set back from the
parapet at least as far as the equipment’s height above the roof
surface. Furthermore, all roof-mounted HVAC systems,

4

mechanical equipment, or utilitarian protuberances shall be
screened from view from ground level using similar building
materials and in a manner that is consistent with the
architectural design of the building.
(8)
A fence up to 10 feet in height, used to enclose a data
center, may be erected within required front, rear and side
yards, provided that said fence is chain link or of similar
nonopaque style. Any such fence greater than six feet in height
shall be set back a distance equal to no less than half the
applicable required setback. Any such fence shall be located
between any data center or data center accessory use and any
landscape buffer, thereby screening the fence from adjoining or
abutting residential zoning district, sensitive receptor, or public
roadway.
D. Landscape Buffers
(1)
A landscape buffer is required between data centers or
data center accessory uses and any adjoining residential zoning
district, sensitive receptor, or public roadway. The landscape
buffer shall comply with the following requirements:
(a)
The requirements of this subsection shall supersede
the provisions of § 105-52. and any other conflicting
provisions of this chapter or the Subdivision and Land
Development Ordinance with respect to landscape buffers
for data centers and data center accessory uses.
(b)
The landscape buffer shall be at least 50 feet in
width and may be located within a required setback area.
(c)

The landscape buffer shall be located between any
fencing and any adjoining or abutting residential zoning
district, sensitive receptor, or public roadway in
accordance with Section C.(8).

(d)
The landscape buffer shall be arranged in a
naturalistic manner, incorporating a mix of plant species
rather than straight, uniform rows, and shall include
native drought-tolerant and heat-tolerant plantings
designed to achieve a dense, opaque, four-season
screen. At minimum, landscape buffers shall include:
[1]

Two (2) large evergreen trees per 25 linear
5

feet of buffer. The size of large evergreen trees shall
be a minimum of eight (8) feet in height at the time
of planting. American arborvitae and other weakstem species shall not be used to satisfy this
requirement.
[2]
Two (2) deciduous canopy (shade) tree per 75
linear feet of buffer. Size of canopy (shade) trees
shall be a minimum of 3-inch caliper at the time of
planting.
[3]
One (1) ornamental/flowering tree per 25
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 3-inch caliper at the time of planting for singlestemmed varieties.
[4]
Ten (10) 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.
(e)
In the event that existing vegetation is adequate to
meet the intent of the required landscape buffer to screen
the data center and data center accessory uses from
adjoining residential zoning districts, sensitive receptors,
and public roadways, the Board of Supervisors, upon
recommendation by the Shade Tree Commission, may
determine that existing topography and/or vegetation
constitutes some or all of the required landscape buffer.
(f)
Compliance with Chapter 55, Tree Protection
Standards, of the Code of Whitemarsh Township. All data
centers shall, where applicable, comply with Chapter 55 of
the Township Code. Where any conflicts exist between the
requirements of this Article and Chapter 55, the stricter
requirements shall be used.
(g)
Guarantee. The developer shall replace, in
accordance with landscaping plans, any plantings that die
or, in the opinion of a landscape architect retained by the
Township, are in an unhealthy or unsightly condition and/or
have lost their natural shape due to dead branches,
excessive pruning, inadequate or improper maintenance, or
6

any other causes due to the developer's negligence, during
an 18-month guarantee period. The developer shall not be
held responsible for acts of vandalism occurring after the
commencement of the guaranty period.
E. Energy Use Standards
(1)
Projects shall be designed, constructed, and certified to
meet the current United States Green Building Council
Leadership in Energy and Environmental Design (LEED) v5
Building Design and Construction: Data Centers rating system,
or equivalent design standard, as approved by the Township
Engineer.
(2)
The applicant shall report Power Usage Effectiveness
(PUE), Water Usage Effectiveness (WUE), Renewable Energy
Factor (REF), and Carbon Usage Effectiveness (CUE) in
accordance with ISO/IEC 30134 on an annual basis.
(3)
The applicant for a data center shall provide an energy
usage plan with the conditional use application. The energy
usage plan shall provide or identify, at a minimum:
(a)

Annual electricity demand

(b)

Energy supply sources that will be utilized

(c)

Energy storage capacity (if applicable)

(d)

Identification of all critical functions; a description of
how noncritical functions will be curtailed during an
emergency outage; a description of the anticipated
power demand required to support critical functions
during an emergency outage; and the proposed sources
of back-up power

(e)
Documentation of efforts to maximize use of
renewable and/or clean energy for all electrical and cooling
needs, including those to:
[1]
Reduce the need for new electric generation by
incorporating the best available energy efficiency
into the design of data center servers, cooling units,
and the building structure.
[2]
Design buildings to accommodate rooftop solar
installations and, to the greatest extent feasible,
cover unused roof space with solar arrays to offset a
portion of the demand on the electric grid and
reduce onsite emissions.

7

[3]
Prioritize battery storage as a backup energy
source before consideration of backup energy from
diesel as a way reduce or eliminate the pollution
associated with diesel backup generators.
[4]
Support off-site renewable energy generation
through a power purchase agreement or other
arrangement that will result in new renewable
energy generation within the PJM region.
[5]
Monitor and report energy efficiency and
emissions data to the Township on an annual basis.
(f)
If interconnecting to the energy grid, documentation
of the energy utility interconnection approval process with
answers to the following:
[1]
Documentation that an application for the
project has been filed with the electric utility provider,
and the required fee has been paid.
[2]
Documentation that a transmission security
agreement has been received by the applicant.
[3]
Documentation that the transmission security
agreement has been signed by all necessary parties.
[4]
Documentation provided by the electric utility
provider regarding available capacity, the date on which
such capacity will be available, and the proposed date
of connection and energization of the data center.
(g)
The energy usage plan will be prepared and certified
by a professional engineer. The plan shall be subject to
review and comment by the Township. The Township shall
have the right to require supplemental or amended plans
based upon comments by the Township prior to any zoning
approval.
(4)
A proposed data center whose Energy Usage Plan shows
power demand of up to 50 megawatts (MW) and that proposes
to connect to the power grid shall be required to procure a
minimum of 10% of its power from renewable generation
sources generated within the PJM region, which include solar,
wind, hydroelectric power, geothermal, and waste heat from
data center cooling processes. A proposed data center whose
Energy Usage Plan shows power demand of over 50 megawatts
(MW) and that proposes to connect to the power grid shall be
required to procure a minimum of 25% of its power from

8

renewable generation sources generated within the PJM region,
which include solar, wind, hydroelectric power, geothermal, and
waste heat from data center cooling processes. Electricity supply
shall be procured through a power purchase agreement or
similar mechanism as opposed to purchasing renewable energy
credits (RECs) only.
F. Energy Generation Standards
(1)
Any energy generation system designed or used to supply
power directly to a data center during normal operations shall be
considered an accessory use to the data center use but shall be
subject to applicable Township, utility, state and federal
regulations.
(2)
When an energy generation system is proposed as an
accessory use to the data center, the applicant shall provide
documentation describing the anticipated energy generation in
relation to anticipated energy use and shall provide an estimate
as to the amount of excess energy generated. Where excess
energy is anticipated, the applicant shall either utilize battery
storage or supply excess energy to the PJM region power grid.
(3)
The applicant shall select, design, and locate the energy
generation systems to limit noise, emissions, and visual impacts
to adjacent and nearby uses as much as possible. Data center
principal buildings shall be located between energy generation
systems and residential districts, or any other sensitive
receptors.
(4)
Electric utility substations on the same property as the
data center they serve shall be located on the side or rear of a
data center principal building, shall be screened from the public
right-of-way, and shall meet the setback requirements applicable
to a data center accessory use. On-site substations do not
require a buffer or screening between the data center principal
building and the substation.
(5)
Data center electric utility substations visible from an
arterial roadway shall include a combination of year-round
opaque landscaping and screening walls to minimize visual
impact.
(6)
Burying power lines serving the property is strongly
encouraged. On-site power lines of 34.5 kV and below shall be
buried.
G. Backup Power Generation Standards

9

(1)
Battery storage shall be prioritized before the use of
backup energy generation that uses diesel fuel.
(2)
Diesel generators shall meet Tier 4 emission standards of
the U.S. Environmental Protection Agency.
(3)
Diesel generators shall undergo annual testing, and reports
shall be provided to the Township to ensure that data center
equipment is performing as designed and that emissions from
the data center do not exceed permitted limits.
(4)
Backup energy generation that uses diesel, gasoline, or
another fossil fuel shall be used only at the following times:
(a)
When the primary source of energy is not available
due to an emergency outage. During emergency outages,
backup energy generation systems shall be used solely to
support critical functions.
(b)
During routine maintenance, or readiness testing for
a short duration of time and capped at 100 hours per
year, subject to the following:
[1]
Routine maintenance testing of back-up fossil
fuel-powered generators is restricted to the hours of
9 am through 3 pm Monday through Friday.
[2]
Prior to scheduled routine maintenance or
readiness testing, the applicant shall provide the
Township with no less than 72 hours' advance notice.
The Township may choose to issue a public
notification and, where warranted, public health
advisories.
(5)
Use of backup energy generation systems for peak shaving
or supplying power to the grid is prohibited. The applicant shall
design and locate backup energy generation systems to limit
noise and visual impacts as much as possible.
H. Water Usage Standards
(1)
No principal use on a data center site shall use private
groundwater wells or direct withdrawals from surface
watercourses as its primary source of water for cooling purposes
if a public water source is available. In cases where groundwater
withdrawal is proposed, the applicant shall provide notice by
first-class mail to the owner or owners, if their residence is
10

known, or to the occupier or occupiers, of every property within
1,000 feet of a proposed groundwater well that is served by a
private groundwater well. The applicant shall submit an affidavit
of mailing to the Township identifying the notified property
owners or occupants, their addresses, and the date the notices
were mailed.
(2)
Data centers shall be designed to include a closed-loop
water circulation system to cool data center processing
equipment. An applicant may propose an alternative cooling
system that can be demonstrated to use less water and energy
than closed-loop systems to the satisfaction of the Township
Engineer.
(3)
If the proposed source is from a public system, the
applicant shall submit certified documentation that the public
authority has the capacity to supply the water needed.
(4)
If the data center will utilize nonpublic water sources, the
applicant shall provide a water feasibility study, prepared by a
qualified professional. The purpose of the water feasibility study
is to determine if an adequate supply of water is present to
support the proposed data center’s water use and to evaluate
the potential adverse effects on the quantity and quality of
existing wells or nearby surface waters. The water feasibility
study shall include, at minimum, the following information:
(a)
Calculations of the projected water needs, including
seasonal fluctuations.
(b)
A geologic map of the proposed project area within a
radius of at least one mile from the site property
boundary.
(c)

The location of all existing and proposed wells within
1,000 feet of the site property boundary with a notation
of the capacity of all high-yield wells.

(d)
The location of all surface waters within 1,000 feet of
the site property boundary and all known point sources of
pollution.
(e)
A determination of the long-term safe yield of the
water source.
(f)

A determination that the proposed water supply
system poses no adverse impacts on the quantity and
quality of water in nearby wells, streams, and the
groundwater table.
11

(g)
Identification of how water will be recycled, treated,
or released into surrounding water bodies.
(h)
A statement of the qualifications and the
signature(s) of the person(s) preparing the study.
(5)
No permits shall be issued until all required state and
regional permits have been obtained (i.e., PADEP, SRBS, DRBC).
(6)
The applicant shall provide a drought response plan to
demonstrate compliance with state, water supplier, and local
drought declaration requirements.
(7)

Wastewater disposal analysis:
(a)
The applicant shall submit an analysis of wastewater
disposal needs to either a public sewer system or private
system, indicating the quantity of wastewater generation
expected. Wastewater shall include sewage and water
discharged as part of the data center’s HVAC system.
(b)
Any untreated wastewater generated is prohibited to
be discharged to stormwater systems or surface waters.
(c)

If wastewater will be conveyed and/or treated by a
public system, the applicant shall submit documentation
certified by the public authority that the public authority
can support the conveyance and treatment needed.

(d)
If the data center is to rely upon a private system of
wastewater disposal, a wastewater feasibility study shall be
required. The purpose of the study is to determine if there is
an adequate capacity to dispose of wastewater and that the
disposal technique does not pose adverse impacts on
surrounding water bodies. A wastewater feasibility study
shall include the following information at a minimum:
[1]
Calculations of the projected wastewater
generation including the sources of wastewater.
[2]
A geologic map of the area with a radius of at
least one mile from the site property boundary.
[3]
The location of all existing and proposed wells
within 1,000 feet of the property boundary, with
reference to the capacity of all high-yield wells.
[4]
The location of all surface waters within 1,000
feet of the property boundary and all known point
sources of pollution.
[5]

Identification of the process by which water
12

will be recycled or released into surrounding water
bodies.
[6]
A determination that the proposed wastewater
disposal system has no adverse impact on the
quantity and quality of water in nearby wells, surface
waters, and the groundwater table.
[7]
A statement of the qualifications and the
signature(s) of the person(s) preparing the study.
I. Thermal and Cooling Standards
(1)
A thermal impact mitigation plan shall be submitted with
the conditional use application, including, at a minimum:
(a)
Identification of primary sources of waste heat (air
and water based)
(b)
Evaluation of potential off-site thermal impacts
(including plume/ heat discharge and localized heat
islands) under representative seasonal conditions.
(c) Description of design measures to minimize heat impacts
(e.g., equipment siting, shielding, landscaping, cool
roofs/paving where applicable).
(d)
Evaluation of feasible opportunities for waste heat
reuse. Where re-use is not feasible, the reason(s) why
should be given, in which case alternative mitigation shall
be identified (e.g., vegetative or green roof and/or site
design modifications).
(e)
Inclusion of a monitoring/verification approach if
required by conditions of approval based on proximity to
sensitive receptors or site constraints.
(f) The plan shall be prepared and certified by a professional
engineer.
(g)
The thermal impact mitigation plan shall be subject
to review and comment by the Township. The Township
shall have the right to require supplemental or amended
plans based upon comments by the Township prior to any
zoning approval.
J. Noise and Vibration Standards
(1)

Noise studies.
(a)

Pre-construction noise study. The applicant shall

13

submit a pre-construction noise study prepared by an
acoustical engineer establishing baseline ambient noise
and vibration levels and shall include different times of
day and days of the week. The noise study shall include a
narrative describing anticipated operational impacts to
sound levels, the proposed design elements that will be
employed to mitigate noise and vibration, and it shall
include an octave band analysis. The noise study shall
account for any proposed electrical substations, onsite
power generation facilities, backup power generation
facilities, and other data center accessory uses that may
generate noise. The plan shall be subject to review and
comment by the Township. The Township shall have the
right to require supplemental information based upon
comments by the Township prior to any zoning approval.
(b)
Post-construction noise study. The applicant shall
submit a noise study of existing operations no sooner
than one month but no more than 12 months after the
issuance of the first Certificate of Occupancy.
(c)

Sound shall be measured at all property lines. The
studies shall use full spectrum modeling to address lowfrequency noise.

(d)
If the pre-construction Noise Study establishes a
baseline ambient noise level in excess of the maximum
sound level permitted under this Chapter, the PostConstruction Study shall demonstrate that operations of
the proposed use do not materially increase the baseline
ambient noise level as measured at the property line.
Any increase above the established baseline shall be
deemed a violation unless specifically authorized as a
condition of approval.
(e)
Noise mitigation measures may be required by the
zoning officer when noise studies show that the use is
generating noise approaching established limits.
(2)

Sound level.
(a)
Sound levels at the property line shall not exceed 40
dB(A) and 50 dB(C) from 7:00pm to 7:00 am, nor shall
they exceed 45 dB(A) and 60 dB(C) from 7:00am to
7:00pm.
(b)
Where baseline ambient noise measured for the preconstruction noise study exceeds that of the maximum
14

sound level above, sound levels at the property line shall
not exceed the baseline ambient noise level (for dB(A)
and dB(C)).
K. Emergency Management Standards
(1)
An emergency response plan shall be required as part of
the conditional use application and shall be prepared by a
qualified professional. The emergency response plan shall:
(a)
Evaluate the impacts, both positive and negative, of
the proposed data center upon emergency services and
fire protection.
(b)
Be reviewed by and acceptable to the Township
Emergency Management Coordinator and Fire Marshal,
Township Police Chief, local fire department and
emergency medical services providers, and any other
public safety agency that may be impacted as part of the
conditional use process.
(c)

Include detailed procedures for all hazards, including
but not limited to fire suppression, containment,
explosions, hazardous materials, ventilation, and
evacuation.

(d)
Ensure that all first responders receive annual
training specific to the installed system at the expense of
the applicant and are provided with an annual walkthrough of the facility.
(e)
Include provisions for annual fire safety inspections,
the submission of annual maintenance inspection reports,
and any other documentation necessary to demonstrate
compliance with fire safety standards to be performed by
the Township Fire Marshal or their designee on behalf of
the data center.
(2)
Each data center shall provide the Township Emergency
Management Coordinator and Fire Marshal, Township Police
Chief, local fire department and emergency medical services
providers, and any other public safety agency that may be
impacted with a 24-hour emergency contact. Required
information 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.
(3)

The applicant shall coordinate with the Township

15

Emergency Management Coordinator or their designee to ensure
there is adequate radio coverage for emergency responders
within all on-site buildings and facilities, based upon existing
coverage levels of the Township public safety radio
communications system exterior to on-site buildings. The
applicant shall install enhancement systems, as needed, to
achieve compliance.
(4)
Data centers and any data center accessory 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 shall include
fire suppression systems designed specifically for battery
storage.
(5)
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.
L. Electronic Waste Standards
(1)
An electronic waste plan shall be submitted with the
conditional use application outlining procedures for safe removal
and recycling and/or disposal of server infrastructure, hazardous
materials, batteries, electronic waste, and related products that
meet all state and federal requirements, which will apply in
cases when the equipment within the data center is updated or
decommissioned. The Report shall be subject to review and
comment by the Township. The Township shall have the right to
require supplemental or amended reports based upon comments
by the Township prior to any zoning approval.
M. Decommissioning Standards
(1)
A decommissioning plan prepared by a qualified
professional shall be submitted. The plan shall outline the
procedures for safe shutdown, removal of equipment, disposal or
recycling of materials, and site restoration. The plan shall be
subject to review and comment by the Township. The Township
shall have the right to require supplemental information based
upon comments by the Township prior to any zoning approval.
(2)
The owner shall submit a notification of closure if
operations are permanently ceased.
16

(3)
Decommissioning shall begin within 1 year of cessation of
data center operations, or upon notice of abandonment by the
operator, whichever occurs first. An extension of 1 year may be
granted by the Township if the property owner can demonstrate
that they are actively marketing the site for a compatible
replacement use. Decommissioning shall be completed within 18
months thereafter, unless extended by the Township for good
cause. The property owner shall be responsible for all costs
associated with decommissioning. If the facility is abandoned
and the property owner fails to complete decommissioning in
accordance with this Section, the Township may undertake or
cause the decommissioning to be completed and may recover all
costs incurred from the property owner through any remedy
available under applicable law.
(4)

Standards for decommissioning:
(a)
All above-ground buildings, structures, equipment,
and accessory facilities shall be removed.
(b)
Hazardous materials, including batteries, fuel, or
refrigerants, shall be disposed of in compliance with state
and federal law.
(c)

Disturbed soils shall be stabilized and re-vegetated.

(d)
Any utility connections shall be safely disconnected
and capped.
(e)
The site shall be restored to a condition compatible
with surrounding land uses or consistent with the most
restrictive adjacent zoning district.”
V.
All ordinances or parts thereof inconsistent with the provisions of this
Ordinance are hereby repealed to the extent of the inconsistency.
VI.
The provisions of this Ordinance are declared to be severable. If any
provision of this Ordinance is declared by a court of competent jurisdiction to
be invalid or unconstitutional, such determination shall have no effect on the
remaining provisions of this Ordinance or on the provisions of the
Whitemarsh Township Zoning Ordinance or the Code of Ordinances of
Whitemarsh Township.
VII. This Ordinance shall become effective on the earliest day permitted by
the Whitemarsh Township Home Rule Charter.
ENACTED and ORDAINED this _____ day of _________________, 2026.

17

ATTEST:

BOARD OF SUPERVISORS OF
WHITEMARSH TOWNSHIP

________________________
Craig McAnally, Secretary

______________________________
By: Jacy Toll, Chair

18