East Rockhill Data Center Ordinance Deliberations

Executive Summary

On May 26, the East Rockhill Township Board of Supervisors tabled a proposed ordinance designed to regulate data center development. Despite previous recommendations for adoption from both township and county planning commissions, the Board paused the process in response to significant public opposition.

Residents argued that the current draft is insufficiently restrictive and fails to protect the township’s rural character and natural resources. Key points of contention include noise pollution, potential groundwater depletion in a community reliant on private wells, and the adequacy of setbacks.

The township solicitor maintains that while the municipality cannot legally prohibit data centers, an ordinance is essential to mitigate vulnerability to unregulated development. The Board has committed to further research and a comparative analysis of neighboring West Rockhill’s more restrictive regulations before the next meeting on June 23.

Overview of the Proposed Ordinance

The proposed ordinance was drafted as a preemptive measure to manage the national surge in AI data center construction. It establishes specific criteria for the “data center use” within East Rockhill, primarily focusing on land use, dimensions, and utility consumption.

Key Regulatory Provisions

Strategic and Legal Justifications

The township’s move to create a formal ordinance is driven by a desire to establish a legal framework before receiving specific applications.

• Legal Necessity: Township solicitor Will Oetinger stated that the board cannot legally prohibit the construction of data centers. Therefore, codifying regulations is a defensive strategy.
• Township Vulnerability: Oetinger argued that “not having an ordinance makes the township vulnerable,” as it would leave the municipality without specific tools to control where and how these facilities are built.
• Proactive Planning: Although no formal applications have been submitted, the rise of AI-driven facilities across the region has made the issue a priority for local governance.

Primary Points of Public Concern

At the May 26 meeting, residents expressed unanimous opposition to the ordinance in its current form, characterizing it as “not tough enough.” The community’s resistance centers on the transition of the area from a rural environment to a “high-impact industrial” hub.

Environmental and Resource Risks

• Groundwater Extraction: This is a critical concern due to the township’s heavy reliance on private wells. Residents fear that data centers, which require significant cooling, will deplete local water tables. One resident noted that “the possibility of groundwater extraction poses a direct threat to everyone in the township.”
• Inadequate Protections: Critics argue the ordinance legalizes industrial use without ensuring that facilities are “sustainable, solar, [or] green.”
• Noise and Air Pollution: Community members requested more stringent restrictions on noise levels, fearing the constant hum of cooling systems would disrupt the “quiet, rural character” of the area.

Regulatory Rigor

• Impact Studies: Residents are calling for more robust environmental and ratepayer impact studies to be conducted before any ordinance is finalized.
• Setbacks and Dimensions: The current 200-foot setback is viewed by some as insufficient for a facility of this scale.

Comparative Analysis and Future Action

A significant factor in the board’s decision to table the ordinance was the comparison to neighboring West Rockhill Township, which recently approved its own data center regulations.

• Differing Standards: Public speakers pointed out that West Rockhill’s ordinance specifically prohibits groundwater extraction, a protection missing from the East Rockhill draft.
• Supervisor Commitment: Supervisor Gary Volovnik emphasized the need for “homework,” stating the board needs more time to analyze the differences between the two ordinances and address the specific concerns raised by the public.

The Board of Supervisors is scheduled to revisit the matter at their next meeting on June 23. For background, read “East Rockhill Township Takes Aim at Data Centers With New Zoning Rules”.