Swatara township passes data center, residential forest revision ordinance

This article was funded by LebTown donors as part of our Civic Impact Reporting Project.

The Swatara Township Board of Supervisors unanimously agreed to adopt an ordinance making revisions to the residential forest district and governing data centers at its regular monthly meeting Aug. 13 following a public hearing.

The ordinance establishes definitions for data centers and places them as an allowed use in the industrial district, with limitations such as a 35-foot maximum height, 300-foot setback from residential zoning districts, and a required 25-foot landscape buffer. It also requires a sound study and as-built sound study to enforce a daytime limit of 67 decibels and nighttime/weekend limit of 57 decibels.

This portion of the ordinance also requires documentation from an electric service provider that will serve the data center, a traffic study, and an emergency management plan, among other requirements.

Though many residents are opposed to data centers due to concerns like utility usage and noise levels, Pennsylvania municipalities do not have the authority to ban them outright. And, without specific language zoning ordinance, a developer could make the argument to place a data center in any zone.

Solicitor Colleen Gallo explained last month that the ordinance is interim and intended to create minimum requirements and restrict the use to the industrial district. However, the planning commission plans to continue considering options for data center regulation, as well as adapting to changes in state legislation.

The ordinance also makes the following changes to the residential forest district:

• Removes as a permitted use “customary agricultural operations” including gardening, truck farming, and flower and tree nurseries.
• Adds as a permitted use timbering following DEP standards, excluding and banning “deforestation and forest clearing, including grubbing of land.”
• Changes minimum lot sizes for nonresidential buildings, single-family detached with or without public water/sewer, and other permitted uses with landscape sloping over 20% to five acres. Minimum lot sizes were previously three acres (nonresidential buildings), two acres (single-family detached without utilities), 1.5 acres (single-family detached with public water or sewer), and three acres (all permitted uses with landscape sloping over 20%).
• Adds a requirement for new land development plans, construction, or earth disturbance projects to have stormwater plans designed by an engineer, with no exemptions for projects over 180 square feet.
• Adds a requirement that existing farmland comply with DEP requirements for erosion and sediment pollution controls.

The board also heard public comment from the Taylor family, whose shed was recently destroyed for the third time in a crash.

In other news, the board:

• Unanimously agreed to make the first payment of $149,175.88 for the Old Jonestown Road streambank and bridge project and the Airport Road pipe replacement project, with around $10,000 in payments remaining.
• Heard that a conditional-use hearing for a revised plan from Lebanon A Solar will be held Aug. 20. The plan, approved as a conditional use last year, has since undergone significant changes as a variance request in Bethel Township (where most of the panels were planned to be located) was denied.

• Unanimously authorized an application for the Union Township Recreation Grant for park maintenance and routine springtime costs.
• Unanimously approved a $1,300 upgrade to the website to achieve ADA compliance.
• Unanimously acknowledged the 2027 pension minimum municipal obligation of $34,478.
• Unanimously approved the rental of a boom mower for a total of $9,300 including transportation costs.
• Unanimously agreed to ratify a $1,670.56 excavator rental.
• Unanimously authorized tree removal on seven properties.
• Unanimously approved the release of $11,551 for the Funck bond.