Plymouth Township Shows How NOT to Back Down to Data Center
Executive Summary
This briefing outlines the formal position and requirements of the Plymouth Township Council regarding an application for a hyperscale data center at the former Cliffs Steel Plant, located at 900 Conshohocken Road. Under Pennsylvania law, the Township is prohibited from excluding legitimate land uses, including data centers; however, the Council maintains the authority to regulate such uses to protect public health, safety, and welfare.
The Township developed a list of 43 stringent conditions—covering noise, thermal impact, water usage, and infrastructure—intended to mitigate the adverse effects of a hyperscale facility in a Heavy Industrial Zoning District. The applicant, 900 Conshohocken Road LLC, has rejected these safeguards and is currently challenging the validity of the Township’s zoning ordinance. In response, the Township Council has authorized its Solicitor to formally oppose the application, citing the developer's disregard for community welfare.
Legal and Procedural Framework
Mandatory Land Use Provisions
Pennsylvania law requires municipalities to provide locations for all legitimate land uses within their boundaries. Plymouth Township utilizes “catch-all” zoning provisions for uses not explicitly named in the zoning ordinance. Such uses may be permitted as a “special exception” following a hearing before the Zoning Hearing Board, provided the applicant proves:
- The proposed use is of the same general character as an explicitly permitted use in the district.
- The proposed use will not have a detrimental impact on the health, safety, and welfare of the community.
Application History
- Initial Inquiry: The applicant sought to classify the data center under “warehousing and distributing” provisions. The Township rejected this classification.
- First Application: A special exception application was submitted and subsequently withdrawn after the first hearing.
- Current Application: A second special exception application is before the Zoning Hearing Board.
- Ordinance Challenge: Following the rejection of the Township’s 43 demands, the applicant filed a challenge to the validity of the zoning ordinance, claiming the development process is “too difficult.”
The Township’s 43 Demands for Development
The Council established a comprehensive list of requirements to ensure the data center operates with minimal impact. The applicant’s rejection of these terms is the primary driver of the current opposition.
Site and Structural Constraints
- Footprint and Height: Development is limited to the existing building footprint and may not exceed two stories or the height of current improvements.
- Buffers: A minimum 100-foot planted buffer consisting of trees and shrubs is required where the site abuts residential zones.
- Infrastructure: The developer must construct a PennDOT-standard pedestrian connection, such as a sidewalk or trail, along Conshohocken Road.
Acoustic and Vibration Standards
The Township proposed rigorous sound monitoring and limits to prevent neighborhood disturbance:
- Setbacks: Equipment generating noise must be at least 500 feet from residential property lines.
- Sound Limits: Operations must not exceed 50 decibels at the property boundary. Specific octave-band limits were set for low frequencies, including 65 dB at 16 Hz and 60 dB at 31.5 Hz.
- Studies: Mandatory pre-construction and post-construction noise studies must be conducted by Township-selected third parties.
- Vibration: Peak Particle Velocity, or PPV, must not exceed 0.02 inches per second.
Environmental and Resource Management
- Thermal Impact: A certified Professional Engineer must provide a thermal impact mitigation plan to address waste heat, heat islands, and plume discharge.
- Cooling Systems: The facility must utilize a non-toxic, closed-loop cooling system. Drawing water from the Schuylkill River or public water systems, except for potable human use, is prohibited.
- Sustainability: The project must achieve Gold-level LEED for Data Centers certification or an equivalent standard, such as ISO 50001 or ISO 14001.
Energy and Utilities
- Self-Sufficiency: The facility must be power self-sufficient through on-site generation, with a preference for renewable technology, including solar power, and Tier 4 emission-standard generators.
- Grid Interaction: Excess power should be offered back to the utility grid, but the primary purpose of the generation system must be on-site use.
- Battery Safety: Compliance with NFPA 855 standards for energy storage and specialized fire-suppression systems is required.
Public Safety and Accountability
- Emergency Response: A comprehensive Emergency Response Plan must be developed, including specialized training for first responders at the developer's expense.
- Monitoring Portal: A publicly accessible website must provide real-time reporting on air quality, water usage, noise, and vibration.
- Decommissioning: The developer must provide financial security for the total cost of future decommissioning before building permits are issued.
- Local Labor: The developer must commit to hiring locally and paying prevailing wage rates.
Council Leadership Perspectives
The Plymouth Township Council has expressed a unified stance against the current application due to the lack of developer cooperation.
| Official | Key Position |
|---|---|
| Lynne Viscio Council President |
States that while the law prevents a flat “No,” the Township will not welcome applicants who refuse “highest scrutiny” or disregard environmental safeguards. |
| Kristin Frederick Leonard Vice Chair |
Asserts that Council will not be “intimidated” into sacrificing community character for a single developer's interests. |
| William Winchester, Jr. Ward 1 Commissioner |
Opposes the data center due to “known and unknown risks” and emphasizes that the 43 demands are a necessary “reasonable and robust plan.” |
| Chris Manero Councilmember At-Large |
Recognizes the financial benefits of technology but maintains that elected leaders should never sacrifice health and wellness for development. |
Debate
Conclusion
The Plymouth Township Council remains committed to opposing the 900 Conshohocken Road LLC application in its current form. The Council views the applicant’s challenge to the zoning ordinance as an attempt to bypass necessary public protections. The Township Solicitor has been authorized to continue legal opposition to ensure that any future data center development adheres to the established health, safety, and welfare standards.
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