By AVERY OHLIGER
BERLIN TOWNSHIP, PA — On June 16, at the end of its regular meeting, the Berlin Township Board of Supervisors unanimously passed an ordinance regulating the construction and operation of data centers. Members of the public, though concerned that measures in the ordinance were not sufficient, overwhelmingly praised the township’s preemptive action. Experts consulted by the River Reporter, however, detailed the general zoning process and voiced concerns regarding attempts by municipalities to regulate land uses without zoning ordinances in place.
Aiming to protect “the public’s health, safety, morals, and general welfare,” the ordinance orders data center applicants to fulfill specific requirements, such as submitting anticipated traffic patterns and economic and environment impact analyses, as well as water, electric and nuclear energy studies.
The ordinance also requires policies which prevent the creation and distribution of “illegal content, child sexual abuse material (CSAM) and non-consensual intimate imagery;” AI models displaying “harmful bias;” violations of “civil rights and civil liberties such as free speech, voting, and human autonomy;” and “engagement in the unauthorized practice of…law, medicine, and accounting,” likely referring to an ongoing lawsuit between the Pennsylvania Department of State over an AI chatbot claiming to be a licensed psychiatrist.
Additionally, the measure places restrictions on noise, limiting levels to 65 decibels (dB) between 7 a.m. and 8 p.m. Monday through Friday. These levels drop to 55 dB after 8 p.m. and are instituted all day Saturday and Sunday.
A work in progress
During public comment held in a public hearing prior to the adoption, attendees expressed both gratitude to the supervisors and concern that the ordinance was not sufficient.
John Pace, a resident of Berlin Township, lauded the effort for being “largely successful in bringing coherence and mitigation to what is potentially a terrible development,” while in turn sharing concerns that the ordinance did not place restrictions on plot size or the number of campus structures.
Candidates for PA state representative were also present at the meeting. Dominique Azzollini, running for district 139, asked the supervisors whether regulations would be added requiring training for Emergency Management Services (EMS) to handle potential nuclear problems as well as a notification system for residents alerting them of such issues. Kyle Devlin, candidate in district 111, which covers Berlin Township, inquired about adding requirements for decommissioning, or dismantling, retired data centers.
Responding to public comments, supervisor Tony Franklin explained that after passing the ordinance, the township would be able to add amendments to address their concerns.
“We don’t have anything in place, so we want to get something in place,” he said.
Franklin also noted that the supervisors had first considered instituting a six-month moratorium on data center applications, however this plan was found to be unfeasible due to the township’s lack of zoning.
Franklin stated that this ordinance had been developed by the township in 30 days and added that the supervisors were currently compiling ordinances from other townships and boroughs, such as Waymart, to find additional content for amendment.
The possibilities of zoning
During the public meeting, some attendees stressed to the supervisors that the township should consider adopting zoning.
“[Zoning] is a good thing because you have control of your land use in a much more thorough way,” said Barbara Arrindell, director of Damascus Citizens for Sustainability. She added that the township is “…much less likely to be stepped all over.”
Devlin agreed, adding that the interim solicitor for nearby Clinton Township, Ronald Bugaj, had made this suggestion regarding attempts to regulate future data center proposals.
A zoning ordinance regulates how property can be used within certain districts of municipalities. The measure works in line with a municipality’s comprehensive plan, a visioning document that examines a municipality’s present day demographics and plans for future growth and development.
Experts in municipal law consulted by the River Reporter detailed the process to institute a zoning ordinance and emphasized the importance of zoning when trying to finely regulate land uses such as data centers.
John Klemeyer, who has served as solicitor for Dingman Township for 50 years, outlined the process of putting in place land-use regulations, which he stated is laid out in Pennsylvania’s Municipalities Planning Code.
“First, you need a comprehensive plan. And then, based upon that comprehensive plan, you can adopt a zoning ordinance that regulates uses in the township.”
He noted that these ordinances contain a zoning map, which divides municipalities into districts and outlines what uses can take place in each district. In each district, certain limits can be placed on aspects of a business, such as electricity and water usage, as well as noise levels.
Michael Helbing, executive director of the Center for Energy Law and Policy at Penn State University, is currently researching municipal regulation of data centers. He also spoke to the scope of zoning, saying that zoning ordinances can also “regulate the size of structures and provisions for removal of structures” and create special exemptions and conditional uses which “intend to promote and preserve prime agricultural land among other things.”
Zoning is currently scarce across townships and boroughs. According to the 2025 County Annual Report, half of Wayne County’s townships and boroughs do not have zoning.
While municipalities in Wayne County are not required to have a zoning ordinance, most of them, apart from Dyberry and South Canaan townships and Prompton Borough, have passed a Subdivision and Land Development Ordinance (SALDO), which regulates the dividing of land into smaller parcels and the general commercial use of land.
A SALDO offers a township some control over the type of development that occurs within its borders. However, due to a SALDO’s general nature, Kleymeyer explained, “it would be extremely difficult to regulate everything that a municipality would likely want to regulate in terms of a data center without a zoning ordinance,” referring to regulating items like electricity and water usage and noise levels.
The township’s newly adopted data center ordinance refers to a “Conditional Use process,” and a “Zoning Permit Application.” These items are typical requirements of a zoning ordinance. It also mentions “Comprehensive Plans,” pointing to either a municipal or multi-municipal plan in addition to Wayne County’s Comprehensive Plan.
When asked if an ordinance addressing certain specific uses, such as data centers, could be passed before a township adopts a zoning ordinance, Kleymeyer expressed that this method “sounds very problematic” and that he had not seen it done in his many years of experience.
Supervisor Cathy Hunt, in a statement to the River Reporter, confirmed that Berlin Township does not currently have a zoning ordinance, nor does it have a municipal comprehensive plan. There are no current plans to institute either in the future, she said.
The Berlin Township Board of Supervisors is scheduled to meet Tuesday, July 14 at 7 p.m.