Plymouth Township data center plan challenged over 43 conditions

A proposed Plymouth Township data center has turned into a fight over how far a local government can go in setting conditions for a major tech project. Developer Brian O’Neill wants to build a 2 million-square-foot facility at a former steel plant, while township officials say the project must meet 43 requirements tied to noise, utilities, pollution, jobs and taxes.

Ars Technica reported that Pennsylvania law does not allow Plymouth Township to reject a lawful land use outright, but the township can apply zoning rules and require steps meant to protect health and safety. O’Neill’s lawyers are challenging the township’s zoning ordinance, arguing that the conditions are too burdensome for the project to proceed.

A data center is a building filled with servers and related equipment that store, process and move digital information. Large facilities can require substantial power, cooling systems and backup infrastructure, which has made them a growing point of conflict in communities asked to host them.

What are Plymouth Township's data center demands?

Plymouth Township published a 43-point plan running nine printed pages. The requirements focus on four broad areas: power, water, noise and pollution, along with land-use and financial conditions.

The township plan would require sound walls around rooftop machinery, noise studies before and after construction, and limits on vibration that could cause nearby homes’ windows, walls, floors or contents to rattle. It also calls for shielding electronic equipment so radio, television or other broadcast interference is not detectable at the property line, and it requires exterior lighting to meet Dark Sky standards.

For cooling, the township says the facility must use a closed-loop system with non-toxic coolant. The plan bars the project from drawing cooling water from public systems or local waterways, except for ordinary restroom and kitchen uses, and requires annual water-use reporting.

The township also wants the site to generate its own power rather than rely on public utilities for the project. Its plan says the developer should try to use renewable energy, with a preference for solar, and should use a clean-air microgrid or combined heat and power system to address emissions and pollution.

Other requirements include limits on building height, a pedestrian trail connecting the property to a nearby interstate overpass, landscaping buffers near residential areas, local hiring efforts and prevailing wage and benefit commitments. The township also wants a decommissioning plan backed by financial security and assurances that the developer will pay taxes and will not try to reduce what it owes the township.

Developer says township has gone too far

Plymouth Township said in a 12-page statement released Monday that O’Neill’s company had represented it would implement provisions proposed by the township. The township accused the developer of making “a blatant attempt” to demand approval “by tantrum,” and said it would not accept that approach.

Lynne Viscio, president of the township council, told the Philadelphia Inquirer that O’Neill had “bullied” and “intimidated” township officials. Council member Chris Manero said data centers can bring technology and financial benefits, according to the township statement, but said officials should not give up residents’ health and well-being to get them; he opposed the current application.

O’Neill told the Inquirer that accusations against him were a “bold-faced lie” and said he had already accepted “the majority” of the township’s requests. He said he is a landowner with rights and that township officials must be impartial and fair in reviewing the project.

Ars Technica reported that O’Neill hopes to build six data centers in the area. The Plymouth Township fight now turns on whether the conditions are ordinary zoning safeguards or so restrictive that they effectively block a legal use of the land.

This story draws on original reporting from Ars Technica.