Luzerne County’s GIS, Planning, and Zoning Department updated residents on Thursday on its proposed county zoning ordinance amendment regulating data centers.
If the amendment is eventually approved by County Council, it will take effect in 19 municipalities that rely on county zoning instead of handling it on their own: the boroughs of Avoca, Courtdale, Dupont, Duryea, Hughestown, Jeddo, Laflin, New Columbus, Pringle, Warrior Run, West Wyoming, and Yatesville, and the townships of Conyngham, Fairmount, Hunlock, Huntington, Lake, Ross, and Union.
Newport Township also falls under county zoning, but county GIS, Planning and Zoning Director Dan Reese said Thursday the township is in the process of switching to in-house control of its zoning.
Reese told the approximately 10 residents gathered at the courthouse in Wilkes-Barre that several alterations have been made based on further review and citizen and county Planning Commission feedback at last month’s commission meeting.
These changes include:
• Setback
Several residents had urged the county to increase the original data center setback of 500 feet.
In response the latest version proposes doubling the setback to 1,000 feet and increasing it to 2,000 feet from the lot line of any property with residential structures, schools and daycares, community centers, worship places, recreational facilities, agricultural and conservation lands and other occupants defined as “sensitive receptors.”
• Noise
The initial draft limited data center sound to 67 decibels from 7 a.m. to 8 p.m. on weekdays and 57 decibels overnight and on weekends — a threshold some argued was too high.
As a result, Reese said the noise level has been reduced to 45 decibels at all times, regardless of the day of the week or time.
• Building height
Reduced the maximum structure height from 60 feet to 35 feet.
The department also enhanced original requirements involving power and water supply, emergency response plans, building aesthetics, the decommissioning of centers when they are no longer in use, and other factors, Reese said.
Reese said he was awaiting Thursday’s feedback before finalizing a new draft to ensure all outstanding concerns are addressed.
The amendment defines data centers, specifies the zones where they could be permitted, and mandates that all data center requests require more extensive special exception approval from the county Zoning Hearing Board.
No data center requests are currently pending in the 20 municipalities, Reese said.
Under the proposal, single data centers or campuses at least 100,000 square feet would only be considered in heavy industrial, light industrial, and mining zoning districts. Smaller center structures also could be permitted in general business and highway business zones.
Reese said the largest potential areas with required zoning and access to power sources would be in Newport and Conyngham townships, while there are smaller scattered tracts in some other municipalities.
Lake Township Supervisor Chairman Jerry Price questioned whether a developer could seek a zoning variance to place a data center on agricultural land in his municipality.
Reese said developers are not prohibited from requesting variances, but denial would be likely in such a situation if residents in that area express strong opposition.
State Rep. Jamie Walsh, R-Ross Township, requested the addition of a prohibition on nondisclosure agreements between data center developers and governing bodies, saying they prevent transparency.
Dallas Township resident Fern Leard thanked the department for “taking this issue seriously.”
Hunlock Township resident Jeremy Benscoter said he understands data centers cannot be banned altogether under zoning law, but he asked if the county amendment can prohibit the largest category of data centers, which would be “hyperscale” single structures or campuses of at least 500,000 square feet.
Reese said he would have to research if Benscoter’s suggestion is allowable.
He expects the revised version will be posted early next week in the department’s section at luzernecounty.org. It will also be further discussed at the county Planning Commission’s March 12 meeting.
The commission will have the option to request further modifications or recommend the zoning amendment to County Council, he said.