As part of the assistance provided to many communities throughout the U.S., I’ve reviewed numerous local data center ordinances, both existing and proposed. The ordinance recently adopted by Butler Township, Pennsylvania, is the best I’ve seen. It appears though that the ordinance is somewhat lacking with regard backup diesel generators air pollution and health impacts. A partial solution is offered below. This summary was sent to individuals and organizations concerned about proposed data centers throughout the U.S. Please let me know if you’ve seen a data center ordinance or other laws that you feel are worth noting. Convincing local elected officials to adopt a highly-effective data ordinance has proven to be one of the best tactics to safeguard residents.

Here are the Butler Township ordinance provisions that I view as especially critical to safeguarding those living both near and far from proposed data centers:

• Data centers are restricted to sites zoned Industrial,
• Special Exception Permit Required. A Special Exception Permit is similar to a Conditional Use or Special Use Permit, all of which usually require two public hearings, one before the local Planning Commission/Board then another before the local elected legislative body (Board of Supervisors, County Commissioners, Town Council, etc.).  These permits also allow the imposition of conditions to resolve impacts that go by the minimums set forth in local law. I really like the required findings to grant a data center Special Exception on pages 45-46 of the Butler ordinance.
• The ordinance applies to not just data center buildings but all accessory uses such as substations, Battery Energy Storage Systems, cooling equipment, etc.
• Data center buildings and accessory uses must be a minimum of 1,250 feet (¼ mile) from residential zoning district boundaries.
• For Sensitive Receptors (not in a residential zoning district) there must be a minimum 600-foot setback from data center buildings and accessory uses. Sensitive Receptors include: “existing residences; school; preschool; childcare or daycare facility; hospital; nursing home; assisted living facility; personal care home; place of worship; public park or public recreational facility; community center; cemetery; or other similar use at which persons may reasonably be expected to experience heightened sensitivity to noise, vibration, lighting, or other operational impacts associated with a Data Center.”
• “No Data Center Principal Building or other principal operational equipment shall be located within one thousand (1,000) feet of a perennial stream, wetland, or delineated floodplain unless the applicant demonstrates through competent professional studies that the proposed location and design will not result in significant adverse impacts to the identified environmental resource, groundwater, stormwater management, or neighboring properties and that adequate avoidance, mitigation, and protective measures have been incorporated into the project design.” From having assessed data centers and other major projects, I have invariably found that applicant claims to have resolved aquatic resource impacts to seldom hold up. For further detail visit the Sensitive Wetlands, Streams & Lakes section of the CEDS data center webpage.
• Data center building height is limited to 50 feet.
• Noise limits apply to not just A-weighted decibels but C-weighted and octave bands as well. These limits protect area residents from low-frequency noise. The ordinance also addresses infrasound which nearby residents may sense more as vibration than sound.
• Rather than the applicant paying for and selecting the consultants who perform impact assessment studies, the Butler ordinance requires the applicant to provide the local government with the necessary funds. The independent expert is then selected by the local government which increases the likelihood of unbiased, objective studies.

Greatest Weakness: Backup Diesel Generator Air Pollution-Health Impacts

The ordinance appears weakest with regard to backup diesel generator air pollution emissions and impacts to the health of those near and far as documented in the health impact assessment studies funded by groups such as the Southern Environmental Law Center, the Piedmont Environmental Council, and others. To address this deficiency I recommend calling upon local elected officials to require applicants to fund a health impact assessment akin to that recently commissioned by Lackawanna County, Pennsylvania. The assessment must be conducted by an independent expert selected solely by local elected officials.

Expanding Health Impact Assessments

I have been talking with the Lackawanna County consultant and other experts about a study of not just data center health impacts as proposed but examining how the use of highly-effective mitigation measures, like Tier-4 compliant generators vs. Tier-2, would reduce – perhaps even resolve – adverse health effects. Hopefully this would then allow a local government to require, as conditions, these highly-effective measures along with reducing generator numbers and duration of generator operation to a point where health would no longer be at risk. Additionally, the study should be expanded to address noise, excessive water use, ground or surface water contamination, property value impacts, and other potential adverse effects.

Other Key Ordinance Provisions

Here are other Butler Township ordinance provisions that are essential to gaining data center benefits without harm:

• The Site Plan must show:
  • Property boundaries;
  • Existing and proposed structures;
  • Parking areas and access drives;
  • Utility infrastructure;
  • Stormwater facilities;
  • Existing and proposed easements;
  • Environmentally sensitive features;
  • Setbacks and buffers required by this Ordinance; and
  • Existing land uses and zoning classifications within 2,000 feet of the property.
  • Sensitive Receptors within two thousand five hundred (2,500) feet of the property;
  • Known private wells and springs within the area required by subsection D;
  • Known active or inactive mining permit areas and reclamation areas affecting the property; and
  • Existing and proposed phases of the Data Center Campus.
• The following plans are required:
  • Utility Infrastructure Plan
  • Traffic Impact Study
  • Water Supply and Cooling Plan
  • Hydrogeologic Study
  • Noise Impact Study
  • Lighting Plan
  • Emergency Response Plan
  • Environmental Impact Study
  • Pennsylvania Natural Diversity Inventory (PNDI) Environmental Review
  • Landscaping and Buffering Plan
  • Decommissioning Plan
  • Additional Information. “The Township, Township Engineer, Planning Commission, Zoning Hearing Board, or any consultant retained by the Township may request additional information reasonably necessary to evaluate compliance with this Ordinance and the protection of the public health, safety, and welfare.”
• The Butler ordinance contains the following specific protection standards:
  • Water Resource Protection Standards
  • Mine Subsidence, Geotechnical, and Abandoned Mine Land Standards. Butler is in a coal-mining region.
  • Noise, Vibration, and Generator Standards
  • Lighting, Landscaping, Screening, and Visual Impact Standards
  • Emergency Response, Fire Protection, and Hazardous Materials Standards
  • Utility Infrastructure and Electrical Demand Standards
  • Environmental Impact and Natural Resource Protection Standards
  • Decommissioning and Abandonment
  • Financial Security
  • Enforcement and Violations
• The ordinance provides Butler officials with the ability to conduct independent technical reviews using funds provided by the data center applicant with experts selected by the Town of Butler.

Gaining Data Center Benefits While Safeguarding the Public

While these provisions should safeguard area residents from most impacts, they do not appear to be so stringent to preclude a well-designed data center in Butler Township. I’ve found this factor is essential to winning the support of local elected officials anxious to gain the economic benefits a data center may provide.