HomeMy WebLinkAboutCommissioners - Data Center Ordinance
COUNTY OF FRANKLIN
COMMONWEALTH OF PENNSYLVANIA
ORDINANCE NO. 2026-02
AN ORDINANCE OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF
FRANKLIN, PENNSYLVANIA, ESTABLISHING REGULATIONS, SPECIFICATIONS, AND
RESTRICTIONS FOR THE USE AND/OR INSTALLATION OF DATA CENTERS IN THE
COUNTY.
WHEREAS, the Board of County Commissioners of Franklin County has
determined that it is in the best interest and general health, safety and welfare of the
residents of the County to establish standards and requirements for Data Centers
within the County; and
WHEREAS, the purpose of this ordinance is to facilitate the construction,
installation, and operation of Data Centers in Franklin County in a manner that
promotes economic development and ensures the protection of health, safety, and
welfare while also avoiding adverse impacts to important areas such as agricultural
lands, conservation lands, and other sensitive lands. This ordinance is not intended
to abridge safety; health, or environmental requirements contained in other
applicable codes, standards, or ordinances.
NOW THEREFORE, be it ORDAINED and ENACTED by the Board of County
Commissioners of the County of Franklin as follows:
CONTENTS:
SECTION l - TITLE
SECTION 2 - SHORT TITLE
SECTION 3 - PURPOSE
SECTION 4 - DEFINITIONS
SECTION 5 - SPECIFIC USE CRITERIA
SECTION 6 - DECOMMISSIONING SECTION
SECTION 7 - ENFORCEMENT SECTION
SECTION 8 - SEVERABILITY SECTION
SECTION 9 - EFFECTIVE DATE
Page 1 of 22
SECTION I -TITLE
An Ordinance of the Board of Commissioners of the County of Franklin,
Pennsylvania, establishing regulations, specifications, and restrictions for the use
and/or installation of Data Centers in the County.
SECTION 2 - SHORT TITLE
This Ordinance shall be known as and may be cited as the "Data Center Ordinance."
SECTION 3- PURPOSE
The purpose of this ordinance is to set standards for data centers in order to protect
and promote the safety and welfare of the citizens of the community; to help ensure
the safety of the environment and to avoid any hazards that may occur from the
development; to help mitigate any future environmental impacts to the land in the
future; to promote economic development through responsible investment in digital
infrastructure, encourage high-quality design and ensure that data centers can be
built and operated efficiently while fitting in with surrounding land uses.
SECTION 4 - DEFINITIONS
CAMPUS DEVELOPMENT - A single site or group of contiguous parcels planned and
developed as one integrated Data Center facility.
CLOSED LOOP COOLING SYSTEM - Designed to circulate water within a closed
circuit, allowing it to absorb heat from equipment and then release that heat
through a heat exchanger or cooling tower. This system minimizes water loss and
reduces environmental impact by reusing the same water repeatedly.
COMMUNITY NOISE EQUIVALENT LEVEL (CNEL) - The 24-hour A-weighted
average sound level from midnight to midnight, obtained after the addition of 5 dB
to sound levels occurring in the evening from 7 PM to 10 PM and after the addition
of 10 dB to sound levels occurring in the night between 10 PM and 7 AM.
DATA CENTER - A facility used primarily for the storage, management, processing,
and transmission of digital data, which houses computer or network equipment,
systems, servers, appliances and other associated components related to digital data
operations.
The facility may also include air handlers, power generators, water cooling and
storage facilities, utility substations, and other associated utility infrastructure to
support sustained operations at the Data Center.
Page 2 of 22
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; sources of
electrical power such as generators 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), and security features,
provided such Data Center Accessory Uses/structures are located on the same tract
or assemblage of adjacent parcels developed as a unified development with a Data
Center. Accessory renewable energy systems including battery storage or on-site
solar generations serving the Data Center are permitted.
DATA CENTER ELECTRICAL SUBSTATION - A facility used for the transformation
or transmission and/or switching of voltages to distribution voltages which
switches circuits and distributes usable/consumable electric power, specifically for
Data Center users on the same or adjacent site, or on a site immediately across a
road right-of-way.
DATA CENTER PRINCIPAL BUILDING - A building that contains the office and/or
data storage functions of a Data Center.
LEED - Leadership in Energy and Environmental Design.
LEED CERTIFICATION - A globally recognized symbol of sustainability achievement
in building design, construction, and operation.
NATIONAL FIRE PROTECTION ASSOCIATION (NFPA) - The world's leading
resource on fire, electrical, and related hazards, dedicated to eliminating loss
through knowledge.
SENSITIVE RECEPTORS - Schools, preschools, day care centers, in-home daycares,
agricultural land, conservation land, health facilities such as hospitals, long term
care facilities, retirement and nursing homes, community centers, places of worship,
campgrounds, prisons, dormitories, and any residence where such residence is not
located on a parcel with an existing industrial, commercial, or unpermitted use.
STATIONARY ENERGY STORAGE SYSTEMS - Large scale technologies designed to
store electricity for later use.
SECTION 5 - SPECIFIC USE CRITERIA
Page 3 of 22
The following requirements shall apply to all Data Centers. In the event that any of
the following regulations are found to be in conflict with regulations found
elsewhere in the Franklin County Subdivision and Land Development Ordinance, the
most restrictive regulations shall be applied, unless otherwise stated.
A. Building Placement and Orientation
(1) All principal and accessory structures associated with a Data Center
shall be arranged, designed, and constructed to be harmonious and
compatible with the site and with the surrounding properties. In
general, Data Centers that visually approximate commercial office
buildings are encouraged.
(2) Buildings shall be sited and oriented to:
a. Minimize visual impacts of the bulk of the building when examined
on a line-of-sight basis from adjacent public streets and Sensitive
Receptor areas.
b. Provide safe and convenient vehicular access to the site, including
sufficient on-site queuing areas at security gates.
c. Accommodate adequate parking.
d. Minimize impacts to natural resources.
e. Incorporate appropriate stormwater management practices.
(3) Data Center campuses containing more than one building shall provide
a variety in building size, massing, siting, and appearance by
transitioning from smaller or lower buildings along street frontages to
larger and taller structures on the interior of the site. Consideration of
topography shall be given to avoid placement of larger, taller, or more
massive buildings in a prominent location on the property or along a
public street.
B. Maximum Height
The maximum building height for Data Centers shall be 35 feet. The developer may
request a waiver from this building height. The waiver must be in writing, shall
include a certification from the local fire department which services the proposed
location or the Data Center that a building taller than 35 feet can be properly
protected, and shall accompany and be part of the application for Land Development
review.
C. Setbacks
Page 4 of 22
All Data Center principal buildings, accessory structures, and Data Center Electric
Utility substations shall maintain the following setback distances:
(1) Property lines, road rights of way - 1,000 feet from all adjoining
properties and public road right of ways.
(2) Residential structures or other occupied buildings – 1,000 feet from any
existing residential structure not located on the project parcel or any
sensitive receptor.
(3) Parking lots - 50 feet from public road rights-of-way, and from all
property lines.
(4) Waterbodies - 200 feet to any body of water, perennial or intermittent
stream or wetland.
D. Parking Requirements
A minimum of 1 parking space per employee on the largest shift is required, plus an
additional 3 visitor spaces.
E. Off Street Loading
A minimum of one loading bay is required. Loading bays shall be located on one
facade of the Data Center Principal Building. These bays shall be designed to cause
no obstructions to adjacent street traffic whether during backing and parking or
parking and unloading. Sufficient area shall be provided to allow for emergency
access around loading areas.
F. Noise/Vibration
(1) Community Noise Equivalent Level (CNEL)
a. The CNEL at the boundary of the property containing a Sensitive
Receptor shall not exceed a noise standard of 57 dBA.
b. The CNEL at the boundary of any developed property not
containing a Sensitive Receptor shall not exceed a standard of 57
dBA.
c. The CNEL at the boundary the nearest residential property line
shall not exceed a standard of 57 dBA.
d. The maximum sound levels listed above do not apply to
emergency alerts, emergency work to provide electricity, water, or
other public utilities when public health or safety is involved,
snow removal, or road repair.
Page 5 of 22
(2) A noise reduction barrier or device may be required at the discretion of
the planning commission when it is inconclusive that noise level tests
do not conform to acceptable noise levels.
G. Negative Impacts
Any use or activity producing air, dust, smoke, glare, exhaust, heat, or humidity in
any form shall be carried on in such a manner that it is not perceptible at or beyond
the property line.
H. Safety
The equipment used in any Data Center operation shall be housed in a metered,
electrically grounded, and pre-engineered metal-encased structure with a fire rating
designed to resist an internal electrical fire for at least 30 minutes. The containment
space shall contain baffles that automatically close in the event of fire, independent
of a possible electric system failure.
Any Data Center 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 must
include fire suppression systems designed specifically for battery storage.
I. Power
The applicant shall provide written verification from the applicable service provider
stating the following:
(1) Adequate capacity is available on the applicable supply lines and
substation to ensure that the capacity available to serve the other needs
of the service area is consistent with the normal projected load growth
envisioned by the provider,
(2) Utility supply equipment and related electrical infrastructure are
sufficiently sized and can safely accommodate the proposed use,
(3) Any system designed for cooling and operation of the facility
(electricity, water, or other means) shall be adequate and will not
negatively impact the surrounding region,
(4) The use shall not cause electrical interference or fluctuations in line
voltage on and off the operating premises, and
Page 6 of 22
(5) The applicant shall provide the planning commission with written
verification that the electrical work has passed a third-party final
inspection.
J. Lighting – All outdoor lighting fixtures shall be properly shielded so that such
lighting will not adversely affect any abutting property or public street.
K. Perimeter Fencing/Security
The Perimeter shall be surrounded by black chain link security fencing and shall be
a minimum of eight feet in height above ground and shall be of high-quality design
and materials.
L. Power Lines and Data Center Electric Utility Substations
(1) Data Center Electric Utility Substations must include year-round
opaque landscaping or a screen wall a minimum of eight feet in height
to minimize visual impact.
(2) Electric Utility Substations on the same property as the Data Center
they serve must be located on the side or rear of a Data Center Principal
Building so they are screened from public view and must not be located
in a required front yard. On-site substations do not require a buffer or
screening between the Data Center Principal Building and the
substation.
(3) All new and enhanced electric lines, both transition and distribution,
must be located underground if technically possible. On-site power
lines of 34.5 kV and below must be buried.
(4) The Data Center Electric Utility Substation shall be setback 200ft from
all adjoining properties lines and roadways. The setback for residential
structures shall be 500ft from the residential structure not on the
project parcel. Setbacks shall be measured from the edge of the
compound containing the substation to the property boundary of the lot
it occupies.
M. On-site Power Generation
On-site or behind the meter generation using natural gas, renewable fuels, or
other clean sources when used to improve reliability, efficiency, or
sustainability is permissible. All systems shall meet environmental, safety, and
utility interconnection standards.
The applicant shall use Tier 4 or greater generators that are subject to
stringent emission standards aimed at reducing pollutants and improving air
quality and that operate at the lowest dBA levels.
Page 7 of 22
All building roofs shall be solar ready, which includes designing and
constructing buildings in a manner that facilitates and optimizes the
installation of roof-mounted solar energy systems at some point after the
building has been constructed. All Data Center and battery energy storage
system uses shall install on-site solar energy generation systems sufficient to
offset a minimum of 25% of the facility's projected annual electricity
consumption during normal operations. The applicant shall submit a Solar
Energy Plan prepared by a qualified professional demonstrating:
(a) The use's projected annual electricity consumption in kilowatt hours
(kWh);
(b) The type, capacity, and location of proposed solar energy systems;
(c) Calculations showing that the proposed systems will generate at least 25%
of the projected annual consumption;
(d) A timeline for installation of solar energy systems, which shall be
completed no later than 12 months following issuance of the certificate of
occupancy for the Data Center or BESS.
N. Emergency Contact Information
Each Data Center operation shall provide 24-hour emergency contact signage
visible at the access entrance. Signs 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.
O. Sensitive Receptors
Unless physically impossible, loading bays, truck entries, and truck drive aisles
shall be located away from nearby Sensitive Receptors. Screening as described
in Section P below shall be provided. When making feasibility decisions, the
planning commission must consider existing laws and regulations and balance
public safety with the site development's potential impacts on nearby Sensitive
Receptors.
P. Buffer Yards and Screening
All Data Center operations shall provide buffer yards and screening along all
property boundary lines, except for areas or ingress and egress into the site.
(1) Service Areas - Loading bays, refuse collection areas, and service
entrances shall be screened from view from existing or planned public
roads, Sensitive Receptors, and residential properties.
Page 8 of 22
(2) Mechanical/Electrical Equipment Screening
a. Ground-Mounted
i. Ground-mounted equipment adjacent to and serving the
Data Center Principal Building shall be completely screened
behind an opaque wall or fence. When the equipment is
located between buildings, a combination of walls and
gates may be used at the openings between buildings.
ii. When in or adjacent to an industrial use, ground-mounted
equipment screening is only required from any existing or
planned public road.
iii. Ground-mounted equipment is prohibited in any required
setback.
b. Roof Top
i. All rooftop-mounted equipment shall be screened by a
parapet wall, equipment penthouse, or visually solid screen
on all four sides that is constructed of materials
complementary to those used in the exterior construction
of the Data Center Principal Building. This shall be
accomplished by setting the penthouse or screened area
back from the facade of the building such that the top of the
penthouse or screen is below a 45-degree line drawn from
the top of the parapet. Roof-top equipment to be screened
includes, but is not limited to, the following: cooling,
ventilation, and power supply machinery.
ii. Roof top equipment that is visible above the parapet wall
shall be set back from the exterior or parapet wall a
distance no less than the height of said equipment.
(3) Buffering
a. Data Center sites abutting Sensitive Receptors or collector/arterial
roads must include an enhanced buffer yard with required
plantings located on an earthen berm with a grade no steeper than
2:1. The minimum height of the berm abutting Sensitive Receptors
is two feet, and abutting collector/arterial roads is two feet. The
Planning Commission may grant a modification or waiver from
any of the requirements below. The waiver must be in written
form and accompany the Land Development application.
Page 9 of 22
i. Where the combined footprint of the principal structure or
structures is less than 100,000 square feet:
(a) A minimum 100-foot buffer yard shall be provided
along the entire length of any public street frontage
of any property upon which the Data Center is
located and along any properly line which abuts or
is within 1,000 feet of an existing residential
property line or zone, school, daycare center,
hospital, place of worship, designated park or public
open space.
(b) A minimum 50-foot buffer yard shall be provided
along any property line adjacent to a non-residential
use or zone.
ii. Where the combined footprint of the principal structure or
structures is between 100,000 square feet and 250,000
square feet:
(a) A minimum 150-foot buffer yard shall be provided
along the entire length of any public street frontage
of any properly upon which the Data Center is
located and along any property line which abuts or
is within 1,000 feet of an existing residential
property line or zone, school, daycare center,
hospital, place of worship, designated park, or public
open space.
(b) A minimum 50-foot buffer yard shall be provided
along all other property lines.
iii. Where the combined footprint of the principal structure or
structures exceeds 250,000 square feet:
(a) A minimum 300-foot buffer yard shall be provided
along the entire length of any public street frontage
of any property upon which the Data Center is
located and along any property line which abuts or
is within 1,000 feet of an existing residential
property line or zone, school, daycare center,
hospital, place of worship, designated park, or public
open space.
Page 10 of 22
(b) A minimum 50-foot buffer yard shall be provided
along all other property lines.
iv. Utilities should be located outside of buffer yards to the
maximum extent feasible to maintain a cohesive buffer
yard, protect landscaping, and preserve open space.
Utilities should be co-located when feasible to minimize
the number of utility crossings through the required buffer
yard, particularly when such crossings cannot be avoided.
v. Use of existing vegetation for landscaping and screening is
strongly encouraged and may be substituted for new
berms and plantings if approved by the planning
commission.
vi. Where a lot line drainage or utility easement is required,
the buffer yard shall be measured from the inside edge of
the easement.
vii. Buffer yards shall not include environmental
encumbrances such as, but not limited to, wetlands,
wetland transition areas, riparian buffers, and flood
hazard areas as may be imposed by outside agencies.
viii. The buffer yard shall include a dense landscape buffer
consisting of the following or plant material approved by
the Planning Commission.
(a) One (1) large evergreen tree per 25 linear feet of
buffer. The size of large evergreen trees shall have
a minimum of eight (8) feet in height at the time of
planting. Narrow/upright evergreen species may
also be used within buffers at a ratio of 3:1. No
more than 25% of the total required large
evergreen species can be substituted with
narrow/upright species.
(b) One (1) canopy (shade) tree per 75 linear feet of
buffer. The size of canopy (shade) trees shall be a
minimum of 2 ½ inch caliper at the time of
planting.
(c) Five (5) shrubs per 25 linear feet of buffer Shrubs
shall be fully branched and a minimum of three (3)
feet in height at the time of planting. Shrubs shall
Page 11 of 22
be a combination of evergreen and deciduous
species, with a minimum of 50% evergreen.
ix. The landscape buffer shall be located along the outer edge
of the buffer yard.
x. Plant material within buffer plantings shall meet the
following requirements:
(a) Be resistant to diesel exhaust.
(b) Not identified on the most current DCNR invasive
species or watch lists.
(c) Shall be planted on the top and the exterior of any
berm in order to provide effective screening.
(d) Shall be arranged in groupings to allow for ease of
maintenance and to provide a natural appearance.
xi. The buffer yard may be located within the required
building setback lines. No impervious surface is permitted
within the buffer yard aside from access drives,
sidewalks, and associated improvements.
Q. Environmental and Community Impact Analysis
The applicant shall provide an environmental and community impact analysis.
The environmental and community impact analysis shall include:
(1) A narrative description of the nature of the on-site activities and
operations, including the market area served by the facility, the hours of
operation of the facility, the total number of employees on each shift,
the times, frequencies, and types of vehicle trips generated, the types of
materials stored and the duration period of storage of materials.
(2) A site plan of the property indicating the location of proposed
improvements, flood plains, wetlands, waters of the Commonwealth
and cultural and historic resources on the property and within 500 feet
of the boundaries of the property.
(3) Evidence that the disposal of materials will be accomplished in a
manner that complies with state and federal regulations.
(4) An evaluation of the potential impacts of the proposed use, both
positive and negative, upon:
a. Emergency services and fire protection,
Page 12 of 22
b. Water supply,
c. Sewage disposal,
d. Solid waste disposal,
e. School facilities and school district budget, and
f. Municipal revenues and expenses.
(5) Any environmental impacts that are likely to be generated (e.g., odor,
noise, smoke, dust, litter, glare, heat islands, vibration, electrical
disturbance, wastewater, stormwater, solid waste, etc.) and specific
measures employed to mitigate or eliminate any negative impacts.
(6) The applicant shall further furnish evidence that the impacts generated
by the proposed use fall within acceptable levels, as regulated by
applicable laws and ordinances.
R. Building Colors
External building materials shall be of colors that are low-reflective, subtle, or
earth tone. Fluorescent and metallic colors shall be prohibited as exterior wall
colors.
S. Water and Sewer
(1) If the use will be served by a public water supply and/or public sewage
system, the applicant shall submit documentation from the public
authority certifying that the public authority will supply the water
needed and the sewage system can accept the additional flow.
(2) If the use is to rely upon non-public sources of water, the applicant shall
provide a water feasibility study. The purpose of the study is to
determine if there is an adequate supply of water for the proposed use
and to estimate the impact of the use on existing wells, groundwater,
and surface waters in the vicinity. No data center shall be approved
unless the water feasibility study demonstrates that the anticipated
water supply yield is adequate for the project and that the proposed
water withdrawals and discharges will not endanger or adversely affect
the quantity or quality of groundwater supplies or surface waters in the
vicinity. The water feasibility study shall include the following
information at a minimum:
a. The projected water demands of the Data Center.
b. The source of water to be used.
Page 13 of 22
c. A description of how water will be used, including the amount or
proportion of water to be used for each purpose (e.g. cooling,
humidity control, fire suppression, and domestic usage).
d. The long-term safe yield of the water source.
e. A description of the amount and portion of water withdrawn
that will be recycled or discharged and by what means.
f. A geologic map of the area with a radius of at least one mile from
the site.
g. The location of all existing and proposed wells within 1,000 feet
of the property boundary, with a notation of the capacity of all
high-yield wells.
h. The location of all surface waters, including perennial and
intermittent streams, rivers, lakes, reservoirs, ponds, wetlands,
springs, natural seeps, and estuaries, within 1,000 feet of the
property boundary.
i. determination of the effects of the proposed water supply
system on the quantity and quality of water in nearby wells,
surface waters, and the groundwater table.
j. A statement of the qualifications and the signature(s) of the
person(s) preparing the study.
(3) Any water cooling systems in a Data Center shall utilize a closed-loop
cooling system to manage temperature by recirculating water without
direct exposure to the atmosphere.
T. Emergency Responders
The applicant shall coordinate with the Franklin County Department of
Emergency Services 911 Coordinator to ensure there is adequate radio
coverage for emergency responders within the building based upon the
existing coverage levels of the county Public Safety Radio Communications
System at the exterior of the building and shall install enhancement systems as
needed to meet compliance. A 911 address shall be obtained. It shall be
confirmed that the local emergency departments have the proper
chemicals/supplies in the event of a fire emergency. The applicant shall submit
an Emergency Response Plan (ERP) to the Franklin County Department of
Emergency Services and to the local fire department(s) having jurisdiction.
Page 14 of 22
U. Environmental Impact Assessment
An Environmental Impact Assessment shall be performed. The assessment
shall be prepared by a professional engineer, ecologist, environmental planner,
or other qualified individual. An assessment shall include a description of the
proposed use, including location, relationship to other projects or proposals,
with adequate data and detail for the planning commission to assess the
environmental impact. The assessment shall also include a comprehensive
description of the existing environment and probable future effects of the
proposal. The description shall focus on the elements of the environment most
likely to be affected as well as potential regional effects and ecological
interrelationships. At a minimum, the assessment shall include an analysis of
the items listed below regarding the impact of the proposed use and the
mitigation of any such impacts. The assessment shall also include a detailed
examination of public resources most likely impacted by the development plan
and include the following focus areas:
(1) Air pollution impacts emissions from vehicle operations, including from
truck engines during idle time. The applicant shall identify all stationary
and mobile sources of fine particulate matter (PM2.5), volatile organic
compounds, and nitrogen oxides at the site. The applicant shall specify
best management practices for preventing and reducing the
concentration of air-polluting emissions at the site. The owner or
operator of the facility shall have anti-idling signs prominently posted
in areas where 15 or more trucks may park or congregate.
(2) The potential for public nuisance to residents resulting from operations
and truck traffic, including noise, glare, light, and visual obstacles,
exists.
(3) A stormwater management plan will be required consistent with any
applicable local stormwater ordinance, and all Commonwealth of
Pennsylvania Department of Environmental Protection regulations and
requirements.
(4) Consistency with the municipal and county comprehensive plan. The
applicant shall submit an assessment report of the impact of the
proposed use on the goals of the respective plans. Where the proposed
use conflicts with the comprehensive plan, the assessment report shall
identify mitigation measures that may be undertaken to offset any
degradation, diminution, or depletion of public natural resources.
(5) Additional considerations. The following shall also be addressed:
Page 15 of 22
a. Alternative analysis. A description of alternatives to the impacts.
b. Adverse impacts. A statement of any adverse impacts that cannot
be avoided.
c. Impact minimization. Environmental protection measures,
procedures, and schedules to minimize damage to critical impact
areas during and after construction, including design
considerations.
d. Mitigation steps. A listing of steps/structural controls proposed
to minimize damage to the site before and after construction.
(6) Critical impact areas. In addition to the above, plans should include any
area, condition, or feature that is environmentally sensitive or that, if
disturbed during construction, would have an adverse impact on the
environment.
a. Critical impact areas include, but are not limited to, floodplains,
riparian buffers, streams, wetlands, slopes greater than 15%,
highly acid or highly erodible soils, hydric soils, hydrologic soil
groups, areas of high-water table, and mature stands of native
vegetation and aquifer recharge and discharge areas.
b. A statement of impact upon critical areas and of adverse impacts
that cannot be avoided.
c. Environmental protection measures, procedures, and schedules
to minimize damage to critical impact areas during and after
construction.
V. Green Building Techniques
Data Centers are encouraged to implement low-impact development practices
in site design and energy efficiency, such as, but not limited to, the following:
(1) Site Design
a. Select sites that avoid sensitive lands such as wetlands,
floodplains, and steep slopes.
b. Minimize land disturbance.
c. Maximize tree preservation.
d. Minimize impervious surfaces.
e. Minimize potential nuisance impacts (noise, glare, vibration,
etc.) on adjacent properties, public roadways, and the vicinity.
Page 16 of 22
(2) Energy/Resource Efficiency
a. Orient buildings to take advantage of passive cooling and
daylight opportunities.
b. Utilize alternative energy sources (solar, wind, hydro, nuclear or
other alternative source) as much as possible, subject to
obtaining all required governmental approvals and permits.
c. Provide an energy storage system to monitor and regulate usage
of alternative energy for usage during off peak hours.
d. Encourage systems that limit the use of finite natural resources
and their disposal.
e. Encourage fuel storage that limits impacts on the environment
from potential spills.
f. Install water-efficient landscape materials.
g. Utilize reclaimed water for cooling.
h. Implement energy management best practices and carbon
reduction techniques such as, but not limited to, those promoted
through the U.S. Department of Energy's Better Buildings
initiative and U.S. Green Building Council's LEED (Leadership in
Energy and Environmental Design) Certification system.
W. LEED (Leadership in Energy and Environmental Design) Certification
LEED certification is strongly encouraged, as well as the installation of roof-
mounted accessory solar energy systems.
X. Threatened and Endangered Species
(1) PNDI
A Pennsylvania Natural Heritage Program study (PNDI Receipt) dated
within two years of the submission of an application for conditional
use/special exception or subdivision and land development, whichever
is first, as well as any state agency clearance letters required thereby,
shall be provided to the municipality.
(2) Compliance
The applicant shall comply with all measures directed by the clearance
letters to avoid, minimize, or mitigate impacts to endangered,
threatened, and special concern species and their habitat.
Y. Riparian Forest Buffer Area
Page 17 of 22
Data Centers subject to the requirements of this Section must satisfy the
stricter of the requirements of this Section, or of 25 Pa. Code 102.14, Riparian
Buffer Requirements.
(1) For purposes of this Section, a riparian buffer is an area of permanent
vegetation along a waterway that is left undisturbed to allow for the
natural succession of native vegetation. A riparian forest buffer is a type
of riparian buffer that consists predominantly of native trees, shrubs,
and forbs, providing at least 60% uniform canopy cover.
(2) Where the project site contains, is along, or is within 150 feet of a
perennial or intermittent river, stream, or creek, lake, wetland,
floodplain, pond, or reservoir, whether natural or artificial, the use will
be subject to the requirements of this Section and shall, in accordance
with the requirements of this subsection, do one of the following:
a. Protect an existing riparian forest buffer.
b. Convert an existing riparian buffer to a riparian forest buffer.
c. Establish a new riparian forest buffer.
(3) Where a riparian forest buffer exists, it shall be left intact to meet the
width requirements in subsections (6) and (7). An existing riparian
forest buffer need not be altered to establish individual Zones I and 2
under subsection (9).
(4) Riparian buffers that consist predominantly of native woody vegetation
that do not satisfy the composition requirements for a riparian forest
buffer in subsection (1) or the width requirements in subsections (6)
and (7) shall be enhanced or widened, or both, by additional plantings
in open spaces around existing native trees and shrubs to provide at
least 60% uniform canopy cover for the required width and shall be
composed of zones in accordance with subsection (9).
(5) On sites without native woody vegetation, a riparian forest buffer
providing at least 60% uniform canopy cover shall be established to
meet the width requirements in subsections (6) and (7) and be
composed of zones in accordance with subsection (9).
(6) The width of the riparian forest buffer shall be a minimum of 100 feet
on each side of the water body as measured from the top of the bank.
The boundary of the buffer shall follow the natural streambank or
shoreline.
Page 18 of 22
(7) Measured within the 100-foot buffer, the following additional distances
shall be added to the minimum width of the riparian forest buffer:
a. 10 feet if the average slope is 10-15%,
b. 20 feet if the average slope is 16-17%,
c. 30 feet if the average slope is 18-20%,
d. 50 feet if the average slope is 21-23%,
e. 60 feet if the average slope is 24-25%, or
f. 70 feet if the average slope exceeds 25%.
(8) In the case or the presence of a nontidal wetland or vernal pond wholly
or partially within the riparian buffer area, an additional 25 feet shall be
added to the width of the riparian forest buffer area for that portion of
the buffer area along the wetland, floodplain, or pond.
(9) A new riparian forest buffer or a converted riparian forest buffer shall
be composed of zones as follows:
a. Zone 1 shall begin at the top of the streambank or normal pool
elevation of a lake, pond, or reservoir and occupy a strip of land
50 feet in width, measured horizontally on a line perpendicular
from the top of the streambank or normal pool elevation of a
lake, pond, or reservoir. Predominant vegetation must be
composed of a variety of native riparian tree species identified in
Appendix C. I of the PA Department of Environmental Protection
Guidance Document 394-5600-001, entitled Riparian Forest
Buffer Guidance.
b. Zone 2 shall begin at the landward edge of Zone 1 and occupy an
additional strip of land a minimum of 50 feet in width, measured
horizontally on a line perpendicular from the top of the
streambank or normal pool elevation of a lake, pond, or
reservoir. Predominant vegetation must be composed of a
variety of native riparian trees and small tree/shrub species
identified in Appendix C.1 of the PA Department of
Environmental Protection Guidance Document, 394-5600-001,
entitled Riparian Forest Buffer Guidance.
(10) No earth disturbance, land development, or storing or stockpiling of
materials shall occur within the riparian forest buffer area.
Page 19 of 22
(11) In the management of riparian buffers, noxious weeds and invasive
species shall be removed or controlled to the greatest extent possible.
(12) Existing, converted, and newly established riparian buffers, including
access easements, must be protected in perpetuity through deed
description, conservation casement, permit conditions, or any other
mechanisms that ensure the long-term functioning and integrity of the
riparian buffer.
(13) The riparian buffer shall be designated on the final subdivision and/or
land development plan.
SECTION 6 - DECOMMISSIONING
A decommissioning plan that ensures the return of all participating properties to a
useful condition, including removal of above-surface facilities and infrastructure
that have no ongoing purpose, shall be provided by the applicant.
The decommissioning plan shall include, but is not limited to, financial assurance in
the form of a bond, a parent company guarantee, or an irrevocable letter of credit,
but excluding cash, to be determined by the applicant. The amount of the financial
assurance shall not be less than the estimated cost of decommissioning the facility,
after deducting salvage or recycling value, as calculated by a third party with
expertise in decommissioning, hired by the applicant.
ln no event shall the security be less than 100% of the estimated cost of
decommissioning. The owner shall provide a new estimate of the cost of
decommissioning every ten years thereafter and increase its security if the cost
increases.
The County is granted the right to seek injunctive relief to effect or complete
decommissioning, as well as the county's right to seek reimbursement from the
owner or owner successor for decommissioning costs in excess of the amount
deposited in the account and to file a lien against any real estate owned by the
owner or owner successor, or in which they have an interest, for the amount of the
excess, and to take all steps allowed by law to enforce said lien.
SECTION 7 -ADMINISTRATION AND ENFORCEMENT
A. Applications
1. Applications shall document compliance with this Ordinance and shall
be accompanied by drawings showing the location of the Data Center,
including all buildings and property lines.
Page 20 of 22
2. The approval shall be revoked if the Data Center, whether new or
preexisting, is moved or otherwise altered, either intentionally or by
natural forces, in a manner which causes the Data Center not to be in
conformity with this Ordinance.
3. The Data Center must be properly maintained and be kept free from all
hazards, and unsafe conditions detrimental to public health, safety or
general welfare.
4. An approved land development plan shall accompany all applications.
The county Subdivision and Land Development Application shall be
used.
5. The review of plans will be followed as stated in Subdivision and Land
Development Ordinance (SALDO) Article III.
B. Fees and Costs
The Applicant shall pay all land development application fees and engineer
review fees when seeking approval of a Data Center under this Ordinance. All
fees shall be paid before final approval is granted.
C. Enforcement
Any person, partnership, or corporation who or which has violated the
provisions of this Ordinance shall, upon being found liable therefore in a civil
enforcement initially brought before a magisterial district judge by the
Commission, pay a judgment of not more than $5,000.00 plus all court costs,
including reasonable attorney fees incurred by the Commission as a result
thereof. No judgment shall commence or be imposed, levied or payable until
the date of the determination of a violation by the magisterial district judge. If
the defendant neither pays nor timely appeals the judgment, the Commission
may enforce the judgment pursuant to the applicable rules of civil procedure.
Each day that a violation continues shall constitute a separate violation, unless
the magisterial district judge, determining that there has been a violation,
further determines that there was a good faith basis for the person,
partnership or corporation violating the Ordinance to have believed that there
was no such violation, in which event there shall be deemed to have been only
one such violation until the fifth day following the elate of the determination of
a violation by the magisterial district judge and thereafter each day that a
violation continues shall constitute a separate violation.
Nothing herein shall prevent the County from seeking such other legal
remedies available to prevent or remedy any violations of this code.
Page 21 of 22
SECTION 8- SEVERABILITY
If any sentence, clause, section, or part of this Ordinance is for any reason found to
be unconstitutional, illegal, or invalid, such unconstitutionality, illegality, or
invalidity shall not affect or impair any of the remaining provisions, sentences,
clauses, sections, or parts of this Ordinance. It is hereby declared as the intent of the
Board of County Commissioners of Franklin County that this Ordinance would have
been adopted had such unconstitutional, illegal, or invalid sentence, clause, section,
or part thereof had not been included herein.
SECTION 9- EFFECTIVE DATE
The Franklin County Data Center Ordinance shall become effective upon adoption.
This Ordinance shall apply to all Data Center Plans submitted on or after the
effective date.
DULY ADOPTED AND ENACTED by the Board of Commissioners of the County of
Franklin, this ______ day of _________________, 2026, in lawful session duly assembled.
Franklin County Board of Commissioners:
Page 22 of 22