Data Center Ordinance: Wolf in Sheeps Clothing?

Our municipal governments are developing the guardrails for data center development. Most recently, Nesquehoning posted its proposed Data Center Ordinance (downloads as a PDF). In the proposed ordinance, we see that key protections such as impervious surface and setbacks (Section 3. B, items 4 and 6) are greatly reduced compared to similar ordinances from other municipalities like Penn Forest Township. While drafting an ordinance is a step in the right direction, unless it protects our residents, wildlife, and water, then it isn't worth the paper it's written on. Let's take setbacks as an example. The ordinance specifies a setback of 100' from any stream and 25' from any wetland. The setback from a wetland should be the same as the setback from a stream, and a 100-foot setback is typical for freshwater and state-protected wetlands. Why? Setbacks from wetlands are essential to protect water quality, manage flood risks to ensure proper stormwater management, and safeguard habitats by creating a buffer between development and special places like the vernal ponds that we see every spring. Vernal ponds are vital breeding grounds for frogs, salamanders, and hellbenders, protecting their eggs from aquatic predators. Setbacks of 100 feet from wetlands are important to prevent erosion, filter pollutants from runoff, and preserve crucial, undeveloped space for wildlife. Setbacks are necessary to ensure wetlands continue to provide these functions after a parcel is developed. Draining, dredging, filling, and excavating in wetlands and their associated setbacks remove the flood control, erosion control, and water quality protection services these resources provide and require local municipalities to absorb costly stormwater management infrastructure. If you are a resident of Nesquehoning or share the same aquifer, please take the time to review the proposed Data Center Ordinance and prepare your comments for the upcoming Public Hearing on Wednesday, April 22 at 5 PM. Together we can stop the wolf!