Tobyhanna Township, PA Zoning Ordinance

Intended purpose. The Data Center Overlay ("DCO") District is intended to provide areas for data center development within the area designated as being overlayed with the DCO District, as shown on Attachment "A" and the Zoning Map.

Overlay concept. The Data Center Overlay ("DCO") District shall be an overlay to the existing underlying district, and as such, the provisions for the DCO District shall substitute certain underlying provisions as described in this section, when the owner/applicant elects the Data Center Overlay option.

Conflicts. Where there is any conflict or inconsistency between Sections of the Zoning Ordinance and this § 155-17.1, the provisions of this § 155-17.1 shall govern and control when the Data Center Overlay option is elected.

Sections of the Zoning Ordinance not applicable. The following sections of the Zoning Ordinance shall not apply to the Data Center Overlay ("DCO") District:

(1)

§ 155-89.

Permitted uses. Permitted uses in the overlay shall be as follows:

(1)

Data center.

Accessory uses. Accessory uses and buildings customarily incidental to any principal data center use are permitted within the DCO District and include, without limitation:

(1)

Accessory uses and structures, including but not limited to:

(a)

Electricity substations.

(b)

Water cooling facilities.

(c)

Site power generation, excluding wind turbines.

(d)

Thermal storage.

(e)

Water reuse systems.

(2)

Identification, directional and informational signs within the DCO District where a data center is located shall be approved as part of any land development application and shall meet the requirements of Chapter 155, Article XI, Signs.

(3)

Other customary accessory uses, buildings and improvements, provided that such uses are clearly incidental to the principal use.

(4)

Utility accessory uses shall meet the following requirements:

(a)

The proposed installation is necessary for the operation of the data center project and will not adversely impact public utility electric service to the neighborhood, or locality in which the data center project is located.

(b)

Adequate screening and sound barriers will be provided to achieve the noise levels set forth in this section.

(c)

Adequate off-street parking will be provided to meet the needs of the use.

(d)

All of the area, yard and coverage requirements of this section will be met.

Off-street parking, loading and unloading spaces. Off-street parking, loading and unloading spaces shall be provided and permitted pursuant to a parking plan subject to review and approval of the Board of Supervisors at the time of land development, which shall depict off-street parking, loading and unloading spaces as reasonably necessary to serve the data center and supported by evidence of parking demands of other similar data centers in operation elsewhere, which parking requirement shall not exceed one space per employee of the data center.

Height, lot and yard regulations. The height, lot size, yard setback and other limitations for the Data Center Overlay ("DCO") District is set forth below and is substituted for the height, lot size, yard setbacks and limitations of the underlying district:

	Minimum Front, Side, Rear Setback	Residential Adjacent Property Setback	Equipment/Accessory Structures Setback	Max Bldg. Height	Min Lot Size	Max Lot Coverage	Max Impervious Coverage
Data Center Overlay District	100'	200'	300'	100'	50 acres	45%	55%

The maximum building height limit above shall not apply to rooftop equipment.

Special Regulations Applicable to Data Center Overlay District.

(1)

Data center shall be:

(a)

A lot or tract comprised of at least 50 acres; and

(b)

The lot or tract must be located in close proximity to a high voltage power transmission line or facility with the capacity to transmit 230kv or greater; and

(c)

The lot or tract shall have direct access to an arterial or collector street.

(2)

Water.

(a)

Data center shall:

[1]

Be served by a publicly or privately owned sanitary sewage collection system or privately-owned on-site sewerage collection and disposal system. Will serve letter for publicly owned sewer systems shall be provided upon the submission of land development; and

[2]

Be served by a publicly or privately owned water distribution system.

[3]

If the data center is not served by a publicly owned water distribution system, the developer of a data center Project shall obtain a water withdrawal permit issued by the Commonwealth of Pennsylvania Department of Environmental Protection for any water wells serving the data center and provide proof of review and approval from the Delaware River Basin Commission water withdrawals of 100,000 gallons per day or more over a 30-day average from any source or combination of sources within the Delaware River Basin. In addition, the developer shall submit a hydrogeologic study by a qualified hydrologist demonstrating that the water withdrawal will not adversely affect the health and welfare of neighboring properties. Data centers are strongly encouraged to deploy technologies for water conservation, including utilizing closed-loop or recirculation systems to reduce the demand for water usage.

(3)

Power supply. If the applicant proposes to connect the data center to the electric grid, the applicant shall provide the documentation from the applicable electric service provider certifying that the necessary capacity is available, and that electric service provider will serve the data center.

(4)

Noise.

(a)

Ground level mechanical equipment that are located exterior of a building shall be screened by an acoustical barrier on any side facing an existing residential use within a separate residential zoning district. For purposes of this section, an acoustical barrier is defined as an exterior solid or louvered wall containing soundproofing materials designed to absorb noise and protect abutting residential properties from noise pollution.

(b)

A noise study shall be performed and included in the land development application. The noise study shall be performed by a professional acoustic expert. Noise from a data center project shall not exceed 60 dBa as measured from any exterior property line; provided, however, it shall be permissible for the noise level to exceed 60 dBa by up to an additional 10 dBa if the noise study shows existing noise levels at the applicable exterior property line (for example, caused by highway noise) when taken together with anticipated noise levels from a data center project would exceed 60 dBa. As a condition of land development approval, a Post Construction Noise Study shall be conducted at 18 months following the completion of construction and operational start of the data center.

(5)

Studies required. The developer of a proposed data center project shall participate in a pre-submission conference with the Board of Supervisors or staff designees to determine which of the following impact statements and/or studies are deemed necessary as a condition of preliminary land development submission.

(a)

List of impact statements/studies. Impact statements/studies may include but are not limited to:

[1]

Traffic impact;

[2]

Hydrogeologic;

[3]

Wetlands;

[4]

Environmental;

[5]

Stormwater management (See § 155-16.1J);

[6]

Fire protection;

[7]

Police and security;

[8]

Emergency services (to include but not firefighting response, emergency medical be limited to services and emergency management);

[9]

Geotechnical subsurface exploration;

[10]

Sewage and waste treatment and disposal;

[11]

Solid waste disposal;

[12]

Architectural and general aesthetics;

[13]

Landscaping and buffering;

[14]

Social/economic;

[15]

Noise control/sound study;

[16]

Historical;

[17]

Archaeological;

[18]

Flood;

[19]

Air quality;

[20]

Control of radioactivity, electrical emissions and electrical disturbances;

[21]

Airport/airspace; and

[22]

Public transportation.

(b)

The Board of Supervisors, upon review of any and all Impact Statements/Studies, may require the recommendations and/or action steps be implemented as described in the impact statements/studies to ensure the health, safety, and welfare of the Township residents and surrounding properties.

(6)

Design standards and impact statement/studies criteria. Data centers shall adhere to the Township of Tobyhanna Design Standards as attached to Chapter 135, Subdivision and Land Development, and as amended from time to time by the Board of Supervisors. In the event of a hardship with the design standards, the Board of Supervisors may waive certain requirements as a part of final land development approval. Criteria for impact statements/studies will be set forth in an attachment to Chapter 135, Subdivision and Land Development, and as amended from time to time by the Board of Supervisors.

Tobyhanna Township City Zoning Code

ARTICLE IXA

§ 155-17.1 Data Center Overlay ("DCO") District.