Credit: Submitted
Falls Township officials are working on new zoning regulations for the governance of future data centers in the municipality, but made it clear to residents concerned about the Amazon project underway: The new rules cannot be retroactive.
Township officials said during the Oct. 26 Board of Supervisors meeting that a draft ordinance developed through Falls’ zoning curative amendment process had been completed and would be made available to the public. It plans to hold a public discussion on the proposed regulations during the supervisors’ November meeting. Then, there could be possible advertisement in December and adoption early next year.
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The announcement came as residents continued questioning supervisors over the Amazon data center project at The Keystone Trade Center, including its water use, wastewater, power demands, backup generators, noise and environmental impacts.
One resident asked why Falls had not previously established its own regulations specifically addressing data centers.
Manager John Shepherd said the draft ordinance is intended to do exactly that going forward.
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“The data center concern has been much very much heightened within the last year. Probably not even a year,” Shepherd said. “So, I think it hit Falls Township a little bit early.”
Other municipalities now considering data center proposals have the benefit of seeing the issues that have emerged elsewhere, he said.
Falls officials began the curative amendment process after determining that the township’s existing zoning ordinance needed to be updated to specifically address data centers. The proposed regulations will be sent to the Bucks County Planning Commission and Falls Township Planning Commission for review.
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But when a resident named Sarah asked whether the new regulations could be applied to the Amazon development already under construction, the answer was no.
“It doesn’t go backwards,” Shepherd said. “It goes forward.”
She followed up by asking whether the township therefore had no control over the data center already being developed, calling the township a “guinea pig” in the situation.
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“The control is as it was approved,” Shepherd responded.
When the resident characterized that as no control, the solicitor disagreed.
“I wouldn’t say it’s none,” he said. “It may not It’s not at the same level as the as the curative amendment ordinance.”
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The exchange was part of another lengthy public comment period focused heavily on the project at the Keystone Trade Center.
Residents questioned water sources and treatment, Pennsylvania Department of Environmental Protection permitting and whether township officials could work with neighboring municipalities facing similar data center proposals.
Township officials said the data center has already received its township approvals and remains under construction.
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When one resident asked whether the project was currently paused, officials said it was not.
“They have all their approvals already,” Chairman Jeff Dence said during the exchange.
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Residents argued that the emergence of large-scale data centers presents issues that were not contemplated when the Amazon project was originally approved.
Resident Jennifer Metzger said she understood the existing approvals could not simply be reversed, but urged supervisors to use the experience to negotiate more aggressively with future developers.
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“There’s nothing we can do about the data centers now, right?” Metzger said. “But, you’ve been nice enough to now rewrite the ordinances.”
She said residents appreciated the township addressing future projects.
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“That means that going forward, we might have a shot at negotiating,” Metzger said.
A Trevose resident pointed to Bensalem Township and municipalities across the Delaware River in New Jersey as communities confronting similar issues. Falls officials said they have heard from the mayors of Bordentown and Florence and have spoken with officials from other municipalities at conferences, although there had not necessarily been one-on-one coordination on ordinances.
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Residents also asked whether Falls officials were communicating with the Pennsylvania Department of Environmental Protection regarding outstanding permits associated with the Amazon project.
Shepherd said DEP follows its own regulatory process and the township would likely learn the outcome when DEP completes that process.
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“The permits will be issued or they won’t,” Shepherd said.
