BETHLEHEM, Pa. – Bethlehem City Council approved zoning text amendment changes governing data centers on second reading Tuesday night at city hall.
Specifically, the amendments alter Section 13 of the city’s zoning ordinance. 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.
President Rachel Leon noted prior to the bill’s passage that any data center proposed prior to the legislation would be reviewed under the old ordinance.
Laura Collins, director of community and economic development, said Tuesday night the city is seeking voluntary compliance from the developer for a proposal submitted for 2184 Industrial Drive.
She added further that “another proposal” has been submitted to the city. This proposal is in the city’s Industrial zone and also was submitted prior to the amendment’s passage Tuesday night.
At a Glance
Additional amendments approved by city council require data center 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.” This includes an existing dwelling including institutional uses with residential components such as a school, child or adult day care, park, hospital or community recreation center.
Lastly, the amendments establish maximum building height, minimum yard, minimum buffer yard and maximum building coverage requirements.
The ordinance establishes maximum allowed noise levels. 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.
Minimum front, side and rear yard setback requirements are at 80 feet. A data center will also be subject to at least a 200-foot setback from any right-of-way or from the lot line of any lot not located in the IN district. The setback will be at least 1,000 feet from the lot line of any lot located in any residential zoning district or existing dwelling such as a school, child or adult day care, park, hospital, or community recreation center.
An applicant will be required to also provide an environmental impact assessment, a water utilization report, and wastewater disposal documentation and an energy management plan.
Director of Planning and Zoning Cathy Fletcher said during the amendment’s first reading Oct. 6 state law does not permit banning data centers. However, the city can determine where a particular land use is allowed and have requirements that relate specifically to that use.
Leon said that night for context that the city currently has no restrictions on data centers and the amendment would provide restrictions.
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