Concord Township officials wrapped up their public hearings regarding a proposed data center ordinance Wednesday night, setting the stage to advertise a formal adoption date for the regulations. The upcoming rules would restrict data center developments to the L-I Zoning District, requiring minimum lot sizes of 12 acres and approval through a conditional use process.
Under the draft legislation, building heights would be capped at 35 feet. However, developers could build up to 45 feet high if the structure is pushed back an additional 50 feet. The framework also sets strict boundaries on power generation. Facilities must rely entirely on electricity provided by a regional utility provider, banning on-site energy systems except for emergency backup needs.
Energy and Generator Regulations
The regulatory text specifies that diesel generators may only serve as emergency backups and must comply with Environmental Protection Agency standards. Operators seeking alternative backup power sources must submit a detailed plan prepared and certified by a professional engineer. The township retains the authority to review, comment on, and ultimately reject any such alternative proposals.
To prevent operators from gaming compliance timelines, the ordinance mandates that yearly generator tests be separated by at least six months. Township solicitor Hugh Donaghue explained during the hearing that this provision ensures operators cannot conduct tests on December 31 of one year and January 1 of the following year to satisfy annual requirements.
During the public comment portion, resident Sharon King raised concerns about whether independent professionals certifying compliance could have conflicts of interest. Donaghue acknowledged that self-interested entities sometimes attempt to influence professionals, noting that the township mitigates this risk through rigorous independent reviews conducted by firms like Pennoni Engineering.
Conditional Use Oversight
Township officials emphasized that no data center can proceed without rigorous scrutiny. Council President Dominic Pileggi pointed out that the conditional use framework triggers a formal hearing before any land development plans are formally evaluated.
“This is permitted by conditional use, so if an applicant came in, there would be a hearing in front of us even before land development, to approve the use,” Pileggi said. He added that the council retains authority to attach site-specific conditions to any approved land development.
When questioned about potential violations, Donaghue stated that the township would take enforcement action. “We’ll shut them down,” he said.
Upcoming Council Schedule
With the hearing officially closed, the township council could vote to enact the ordinance during its November 4 meeting. Officials noted there will be no meeting on Tuesday, November 3, as that date is reserved for election day.
