Falls Twp. Declares Part Of Zoning Ordinance ‘Invalid’ After Data Center Outcry

The Falls Township Board of Supervisors voted Monday to declare portions of the municipality’s zoning ordinance “substantively invalid.”

The move, which is known as a curative amendment under the Pennsylvania Municipalities Planning Code, starts a 180-day review period where township officials will draft updated zoning regulations specifically targeting data center developments.

The amendment approved Monday evening does not stop construction of the approved data center.

Township Solicitor Lauren Gallagher described the measure as a protective shield against potential legal challenges from developers while officials study and revise the code.

“If a developer was to bring a substantive validity challenge for any of those sections that are cited, the township would not have to entertain that,” Gallagher told the supervisors and public. “It’s just that protective mechanism.”

Related: Tensions Flare At Falls Twp. Town Hall Over Amazon Data Center

Gallagher explained that staff will review Chapter 209 of the zoning ordinance, which covers district regulations, general requirements, and exceptions, and determine revisions before bringing proposed amendments back to the supervisors within six months.

The Amazon Web Services data center in Falls Township, which received approval in March 2025, is under construction at the Keystone Trade Center, a former steel mill brownfield site.

Spanning more than 3 million square feet, the multi-billion-dollar project drew heightened scrutiny after thousands of residents signed petitions opposing the hyperscale data center campus.

As part of Pennsylvania’s zoning laws, municipalities cannot outright ban a specific land use and must permit it somewhere within the municipality where it is deemed most reasonable.

Local officials across the state have pushed for greater authority to regulate the facilities.

There was public comment from residents demanding stricter zoning, clearer definitions for data centers, and more infrastructure standards in the wake of the approved data center, which received little pushback when it made its way through the development process.

“We heard the people,” Supervisor John Palmer said.

Resident Toni Battiste asked the supervisors to establish limits on water and energy usage and regulate future campus expansions, offering to help gather community volunteers to assist in the process.

Supervisors Vice Chairperson Erin Mullen, who presided over Monday’s meeting, assured residents that supervisors are taking their feedback while balancing legal requirements.

“We don’t have a magic wand to just say ‘you have to do these 100 things in order to come to our township,’” Mullen said. “There are legal things involved. You can’t be so restrictive that it’s impossible for a business to come here.”

The township plans to share updates and pursue solutions grounded in facts, professional guidance, and long-term municipal interests, Mullen said.

Dr. Seema Kazmi cited the Pennsylvania Constitution’s environmental protections and questioned officials about peak electrical loads, planned substations, and air quality monitoring surrounding the facility’s backup generators.

Another resident, a registered nurse, presented a 2024 transparency resolution and asked that Amazon voluntarily release township officials from non-disclosure agreements signed during initial negotiations.

Mullen explained that the agreement was limited in scope to conceal Amazon’s identity as the end user prior to public disclosure and noted it remains a public record accessible via Right-to-Know requests.

“We weren’t barred from saying it was a data center,” Mullen said, citing reporting on the data center from the time.

On environmental oversight, Township Manager John Shepherd said that key environmental approvals fall under state and federal jurisdiction rather than local authority.

Questions regarding air quality permits for the facility’s 280 natural gas-fired and three diesel emergency generators must be addressed with the Pennsylvania Department of Environmental Protection, Shepherd said.

State officials recently said Amazon committed to operating as a “synthetic minor source.” The company plans to use add-on controls to cap volatile organic compound and nitrogen oxide emissions below 25 tons annually.

Township officials said concerns regarding water allocations from the Delaware River fall under an interstate compact involving federal and state authorities.

According to John Warenda Jr., executive director of the Morrisville Municipal Authority, the facility’s potable water demand will average 19,000 gallons per day — equivalent to about 70 single-family homes — falling well within the authority’s 6-million-gallon daily capacity.

Cooling operations will rely on ambient outside air for roughly 94 percent of the year using an evaporative cooling system without cooling towers. During peak heat periods, service water will be drawn from a separate raw water intake system originally constructed for U.S. Steel, which holds a 243-million-gallon daily allocation. Amazon anticipates a peak cooling demand of 4.4 million gallons per day, with roughly 40 percent of used water treated at an industrial wastewater facility before returning to the Delaware River.

As the township begins its 180-day zoning review, resident Jennifer Metzger asked supervisors to use the window to establish strict local standards for utility costs, emissions monitoring, and emergency planning on future projects.

Shepherd confirmed that once draft zoning amendments are prepared, they will be submitted to both the Falls Township and Bucks County planning commissions, posted on the township website, and advertised prior to public hearings.