Union Township board passes data center ordinance, tables short-term rental rules

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Any data center to be built in Union Township’s industrial park zone must obtain zoning board exemptions and comply with certain requirements that would make it difficult for developers to build in the township under an ordinance passed by the board of supervisors 3-0 on Wednesday.

Data centers have as late united many Republicans, Democrats, and independents in opposition to their proliferation across the nation over concerns about their noise, water consumption, environmental issues, and associated increases in power utility rates.

But an update of the ordinance for short-term rentals proved more controversial among a dozen or so residents attending the township’s public hearing on the six new or rewritten ordinances held before the board’s regular monthly meeting Wednesday evening. Board member Stephen Lum also objected to restrictions on short-term rentals in the township and said he would not vote for the ordinance’s rewrite.

Instead, the three-member board tabled the ordinance for reconsideration at its next meeting. If the board does not vote on the short-term rental ordinance on Sept. 9, it must be rewritten and advertised to be considered at a later meeting, township solicitor Paul Bametzreider said.

Supervisors also ruled 3-0 in favor of each of four updates to existing ordinances.

Bametzreider said the data center ordinance requires any proposal for a data center in Union Township’s industrial park zone to “obtain a special exception from the zoning hearing board and comply with certain conditions before receiving that approval.”

The ordinance is written to prevent developers from building data centers in abandoned warehouses in the township, said Kerry McCrary, board president.

When Bametzreider read the list of all six ordinances during the public hearing and before board votes on five of them, resident Helen Light called the township solicitor a “dictator,” referring to the short-term rental ordinance.

“I’m sorry?” Bametzreider replied.

“A dictator. That’s what you are,” Light said. “The people here have their own property. You’re telling them what they can do and what they can’t do? Isn’t that a form of dictatorship?”

“You don’t want a data center next to your house, do you?” Bametzreider said.

“It don’t bother me,” Light replied. “I’m a country girl.”

“It won’t bother you until you have one,” the solicitor responded.

The hearing had become more of a discussion between those who feel individual property owners should not be over-regulated for renting out a part of their property, short-term, and those who counter that township residents could be living next door to a run-down property or junkyard without such ordinances.

Aside from the short-term rental ordinance, Lum said, the other updates were made to provide better clarity and more flexibility for Union Township residents.

As for the short-term rental ordinance, Lum singled out a provision that he said would allow inspectors to visit a short-term rental any time, unannounced. McCrary countered that inspections would be a one-time thing, but Lum disagreed.

When resident Lisa Cramer asked if McCrary read the entire ordinance, the board president said he had not.

The four ordinance updates adopted by 3-0 vote, in addition to the new data center reference, are:

• Roadside stands in the open space (timberland and conservation) and agricultural zoning districts are now allowed to sell produce and other products not grown at the stand’s site.
• A zoning permit is required for new fences, walls, and hedges, though not for ordinary maintenance or repair work. The fence, wall (except retaining walls), or hedge permitted in a front yard must not be more than 36 inches high. Fences exceeding 36 inches are permitted in a front yard provided the fence contains an open area of not less than 75%.
• Non-commercial livestock may be held in a single-family detached dwelling that is not contained within a farm. This includes breeding, raising, caring for, housing and the principal hobby or personal use of non-commercial, domestic livestock and their products and allows incidental sales, but not stock-in-trade sales, a sales building or sales area.
• No more than two unregistered and/or uninspected vehicles or trailers may be parked outdoors on any property. Any more than two such vehicles or trailers may be parked or stored only in completely enclosed buildings, on state licensed and approved car or trailer lots, or properly licensed and approved junkyards.

Other board action and news:

• A pretrial conference date for Mohammed Kenz has been set for 8:30 a.m. Wednesday, Sept. 2, Bametzreider told the board. Last June, the township filed a complaint against Kenz for allegedly failing to restore his property at 11 Wolfe Lane from commercial use back to residential use.
• Board voted 3-0 to release $19,978.50 from the letter of credit for Martin and Gloria Champ’s stormwater management plan at 9 Huckleberry Road, to leave a balance of $12,472.74 after township engineer Steve Sherk said the plan was less than what the township sought.
• Board voted 3-0 to approve waiver requests in Burkentine Builders & Son’s land development improvements agreement, stormwater facilities maintenance and monitoring agreement and deed for sanitary sewer easement at its Jonestown Steel Grid Warehouse LLC development at 3217 State Route 72.
• The township received a letter from V/S Lebanon Galvanizing LLC, 153 Micro Drive, that the company is submitting an air operation permit application to the Department of Environmental Protection to remove a restriction in its current operating permit.