Luzerne County’s Planning Commission forwards proposed data center zoning amendment to County Council

After four revisions and several public comment sessions, Luzerne County’s Planning Commission voted Thursday to recommend a proposed data center zoning amendment to County Council for its consideration.

If approved by council, the amendment 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.

No data center requests are pending in these municipalities, said County GIS, Planning, and Zoning Director Dan Reese.

The proposed data center amendment covers an exhaustive set of conditions that must be met and mandates more extensive special exception approval from the county Zoning Hearing Board for all data center requests.

Planning Commission member Frank Sindaco said he had presented the proposed amendment to an outside entity that performs environmental legal work and was informed it was “the best they’ve seen.”

“I think it’s an outstanding ordinance,” Sindaco said, thanking the public for providing insightful input.

Reese said he expects council will start addressing the recommendation in June. As an ordinance, the amendment would require an introduction vote and then a subsequent public hearing and majority council approval.

Council would have the ability to alter the proposal recommended by the commission.

Changes made since April in the version recommended to council include an added requirement for public engagement to make citizens aware of requests at an early stage.

It said data center applicants must hold a public meeting before requests and proposals are first discussed by the county Zoning Hearing Board and Planning Commission.

The public meeting must be advertised and present information on the nature of the proposed development, including the location, scale, and general characteristics, it said. At least one representative of the applicant with knowledge of the project and the ability to answer general questions from the public must participate in this meeting.

In addition to the public meeting, applicants also must create and maintain a project website for general public viewing that includes the following, it said: maps, renderings, and other project parameters; a description of the proposed use; construction timelines and phasing plans; dates of public meetings with municipal bodies; and the status of permits.

Language was also added to the amendment requiring the submission of plans regarding the safe disposal or recycling of electronic waste and the mitigation of thermal heat impacts, including plume/heat discharge and localized “heat islands.”

Setback requirements were also revised.

The proposal still calls for the largest “hyperscale” and “major” data centers to be set back at least 2,000 feet from the boundaries of districts with residential structures or the lot line of a lengthy list of “sensitive receptors,” such as schools, hospitals, and places of worship.

However, the latest version said that distance may be reduced to a range of 1,500 to 1,999 feet if the applicant can successfully demonstrate how it will exceed other environmental performance standards, including noise levels, visual screening, and/or aesthetic improvements.

For context, the original version called for a 500-foot setback.

Smaller “edge” and “minor” data centers are still slated to have a 1,000-foot setback from residences and sensitive receptors, although an option has been added to reduce the range from 750 to 999 feet if the applicant can prove it will exceed environmental performance standards.

A minimum setback of 750 feet to adjacent property lines was also added for data centers that border land that is not zoned for residences or containing sensitive receptors.

The full amendment document, with the most recent changes underlined in red, is posted in the commission meeting docket under the county meeting agenda section at luzernecounty.org.

In other business Thursday, the commission also approved a recommendation of a proposed zoning amendment to council — separate from data centers — that would regulate battery energy storage systems.

These systems are standalone units that kick in when electrical grids need a boost. The proposed amendment would require a zoning permit for systems with an aggregate energy capacity exceeding 600 kilowatt-hours.

Reese suggested addressing these systems because he learned a Hunlock Township property owner has been approached by a company interested in constructing one.

A council-approved ordinance also would be required for this amendment to take effect.