Planning commission begins review of revised data center ordinance with stricter setbacks, noise limits and decommissioning rules

The West Hanover Township Planning Commission received an overview of a revised data center ordinance on May 28 that incorporates East Hanover provisions and county model language and adds conditions township staff said will protect residents and public infrastructure.

The township manager, presenting the draft, said the updated ordinance "has now changed the ordinance to reflect that only public water sources will be permitted, which is what's actually serviced in our industrial zone where this would go, so there will be no wells." He also described tightened setbacks and protective measures: a 300‑foot setback for residential zoning and lots that contain dwellings (100 feet for nonresidential areas), a 30‑foot buffer with a 7.5‑foot earthen berm, annual reporting and a 125% financial security requirement for decommissioning.

Manager and staff emphasized noise and public‑safety protections. The draft establishes an on‑site standard for equipment and accessory equipment: "Any equipment ... that generates a noise greater than 60 decibels to reduce it to 60 decibels 10 feet away," the manager said, and added layered protections including noise abatement around equipment, vegetative screening, and the earthen berm. Commissioners asked whether the standard addresses tonal sounds and how measurements would be made; staff said the ordinance requires measurement at the property line and allows additional sound‑buffering measures on site.

Commission discussion also addressed emergency response and groundwater protections. The ordinance requires a study of existing wells and aquifer conditions near a proposed site and a site‑specific action plan to address potential contamination from battery fire or chemical leaks. Staff said the ordinance provides for annual drills and access for the county emergency management coordinator and emergency responders to evaluate radios and response plans.

The planning commission opened the formal public review: the township manager said a 30‑day public comment period is underway following the supervisors' notice and that supervisors will conduct the formal hearing at their July meeting. The planning commission is expected to collect feedback and make a recommendation at its June meeting. Manager cautioned that substantial ordinance changes after the public notice could require restarting the hearing process.

Commissioners and attendees praised the comprehensive approach but raised questions about applicability to existing data centers and technical measurement details. One commissioner/resident noted a nearby facility and said, "Because my house is about 1000 feet from the Highmark data center ... if I walk out on my patio at night, I can hear the ... from that facility," underscoring local sensitivity to noise. Staff said the ordinance focuses on new conditional uses and layered mitigation that the supervisors and court review would need to consider for legal defensibility.

The commission will receive any public comments submitted during the 30‑day window and consider a recommendation at its next meeting. If substantive changes are proposed after the notice, the manager said the hearing process may need to be restarted.