BETHLEHEM, Pa. – Bethlehem City Council approved a zoning text amendment governing data centers Tuesday night at city hall.
The changes address three separate articles and involve various changes. One amendment establishes a “data center” definition, while another permits data centers as a special exception within the Industrial zoning district. The special exception allows for a case-by-case review by the zoning hearing board.
Additional amendments require applicants to submit all plans, studies, evaluations and mitigation strategies at the time of application. Standards creating site design — including a minimum 200-foot setback from any right-of-way or lot located outside the IN district, and a minimum 1,000-foot setback from any lot located in a residential zoning district or any lot with an existing sensitive receptor — were also added.
Another section focuses on what the city terms “sensitive receptors.” These include an existing dwelling including institutional uses with residential components such as a school, child or adult daycare, park, hospital or community recreation center.
The proposed data center ordinance will be subject to a public hearing before Bethlehem City Council, scheduled for Oct. 6.
The amendments also establish maximum building height, as well as minimum yard, minimum buffer yard and maximum building coverage requirements.
The ordinance additionally sets the maximum noise levels allowed. During daytime hours, which is from 7 a.m. through 10 p.m., the maximum amount is 60 dBA and 75 dBC. The nighttime level, which is from 10 p.m. through 7 a.m., is 55 dBA and 70 dBC. The applicant will also be required to provide a vibration study.
An applicant will be required to also provide an environmental impact assessment, a water utilization report, wastewater disposal documentation and an energy management plan.
Director of Planning and Zoning Cathy Fletcher said data centers have existed for years. They are facilities of one or more buildings that house physical hardware to support digital systems.
More recently, Fletcher said the function of data centers have changed. Those changes include expansion streaming and cloud storage along with support for everyday activities such as virtual meetings, online shopping and video streaming. The changes served as the impetus for zoning amendments.
Fletcher told City Council Tuesday night that state law does not permit the banning of data centers. However, the city can determine where a particular land use is allowed and have requirements that relate specifically to that use.
Zoning officials also told councilmembers that their ability to regulate some aspects of data centers is limited because certain issues fall under the jurisdiction of state agencies, including the Pennsylvania Department of Environmental Protection and the Pennsylvania Public Utility Commission.
The amendments did not meet the approval of all City Council members. Councilmember Jo Daniels said she could not support the measure and that it needed work because it was advantageous to developers.
The developers who want to put a data center in an industrial park in Bethlehem say it will serve as a model for future data center development nationwide.
President Rachel Leon said for context that the city currently has no restrictions on data centers and the amendment would provide restrictions.
Tuesday night’s meeting was robustly attended with comments made during a public comment session that lasted almost two hours. Speakers expressed concerns about power consumption, noise complaints, water usage and a generalized anxiety about what artificial intelligence is doing to their lives.
The city is already reviewing a proposed data center on Industrial Drive. That application was submitted before the new ordinance was approved, so the project will not be subject to the new data-center-specific requirements.