Delaware County, Pennsylvania officials move to regulate data centers before development begins

Townships write rules early

Delaware County communities are moving to regulate data centers before developers file project proposals, turning zoning language into an early tool for local land-use control and public review.

Tinicum, Marple, Newtown, and Concord have each taken up the issue, showing how facility questions are moving through township government before construction proposals arrive in several local communities.

County review moved forward

The Delaware County Planning Commission agenda for August 20 listed data center zoning matters from Tinicum Township, Marple Township, and Newtown Township for review under Pennsylvania planning law.

That county review remains advisory under Pennsylvania planning rules, so each municipality keeps final authority over whether its own zoning changes become local law after public consideration ends.

Marple set a later hearing

Marple Township continued its data center ordinance hearing to September 14, leaving the proposal pending while local officials collect reviews and consider revised language at the township level.

The proposal would amend Chapter 300 of the zoning code, adding definitions and specific standards for data centers and related accessory uses before any final adoption process advances.

State rules also tightened

Governor Josh Shapiro signed an executive order on August 18 requiring Pennsylvania data center proposals seeking state permits to meet environmental and transparency safeguards during required state review.

The order also removed data centers from the PA Permit Fast Track Program and made nondisclosure agreements for related projects impermissible at agencies within the Governor’s direct authority.

Marple limits locations

Marple’s proposal would allow data centers only as conditional uses in the I Light Industrial District, rather than allowing the use across other zoning areas with local approval.

The draft sets a two-acre minimum lot area and requires 1,000-foot setbacks from residential zoning boundaries, sensitive receptors, adjoining property lines, and public road rights-of-way for each application.

Accessory uses get defined

The Marple draft defines accessory uses tied to data center operations, including utility substations, generators, cooling equipment, water towers, and energy storage systems within submitted facility plans and applications.

By listing these features, the ordinance treats supporting infrastructure as part of the review, not as a minor add-on left outside the main application package during municipal hearing processes.

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Buffers and screens matter

The proposal would require a 50-foot landscape buffer between data centers and nearby sensitive receptors, public roads, or residential property lines when those conditions apply under draft standards.

Applicants would also face planting, screening, and fencing standards meant to reduce views of ground-mounted equipment, rooftop systems, and related operating structures from nearby streets, homes, and parcels.

Sound rules add detail

Marple’s draft sets separate daytime, evening, and nighttime sound limits, with stricter levels near residential districts and sensitive receptors around sites reviewed under the proposal for each application filed.

Applicants would need professional sound and vibration studies before approval, plus follow-up testing after occupancy to confirm each facility meets local performance standards during future operation and compliance.

Water reviews are central

No Marple data center would receive approval unless the applicant shows adequate water supply and proves withdrawals or discharges would not strain nearby resources or other existing users.

Projects using public water would need provider documentation, while certain nonpublic withdrawals would trigger river basin approval or a detailed local feasibility study before municipal approval moves forward.

Groundwater rules go further

For larger nonpublic groundwater use, the Marple draft would require notice to nearby property owners and an offer to test existing wells before work begins under the draft proposal.

The proposal also calls for groundwater monitoring plans, quarterly reporting, well inspections, and complaint procedures if neighbors report water supply problems linked to operations at a facility site.

Equipment faces oversight

Backup generators and other mechanical equipment would have to meet monitoring, screening, and operational standards, especially when placed near homes, roads, or sensitive receptors under the proposal in Marple.

The proposal would also require applicants to address electrical substations, cooling systems, utility lines, and related infrastructure during review before municipal approval for each proposed facility inside Marple Township.

End plans are required

Marple’s proposal reaches beyond construction by requiring long-term site planning for operations, upgrades, decommissioning, and handling of obsolete electronic equipment from data center facilities before approval under the draft ordinance.

Those provisions treat data centers as long-life sites that may need future changes, rather than buildings reviewed once when land development plans first begin under township review procedures.

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More towns may follow

Chadds Ford Township has adopted data center zoning language, while other Delaware County communities are weighing rules before major local projects move ahead under their own separate ordinances.

The county activity shows a broader Pennsylvania pattern as local governments balance data infrastructure interests against questions about power demand, water use, traffic, and approval standards near homes.

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What do you think about Delaware County officials regulating data centers before development begins? Share your thoughts in the comments.

This slideshow was made with AI assistance and human editing.

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