BASKING RIDGE, NJ — Data centers are now banned in all township zones following a vote on Tuesday by the Bernards Township Committee.
Bernards Township unanimously adopted the ordinance that bars data centers in all township zones and removes “data processing centers” from the list of permitted uses in the township’s E-1 through E-5 office zones.
Mayor Ana Duarte McCarthy said "limiting development of highly energy-intensive facilities advances the master plan's relevant conservation and environmental resource objectives from the 2023 master plan."
She noted that the Township has a long history of being very careful where it places office buildings.
"Generally, the structures are near highways, aesthetically pleasing, and setback. Data centers, from what's been observed, are large industrial windowless structures and moreover, they can be noisy," said McCarthy. "There can be humming and vibration that emanates from the transformers."
She added the environmental concerns and sewer capacity.
"A 200,000 square foot data center could put 100,000 gallons of water into the sewer system versus 20,000 on average for an office complex, and it could go up to 180,000 gallons per day for data centers that use evaporation towers," said McCarthy.
McCarthy also said that the ordinance would potentially "protect Bernard's Township from lawsuits as courts generally give substantial deference to municipal zoning decisions, including, among other areas, the ordinance, which is tied to the master plan."
Committeewoman Jennifer Asay said she was "grateful for the thoughtfulness of this approach and specifically the specificity highlighted within this ordinance."
Ordinance 2599 was introduced on first reading May 26 before being referred to the Planning Board for master plan review.
On June 16, the Planning Board voted that the ordinance was "not inconsistent" with the township’s master plan and recommended a wording change in the definitions section.
The ordinance amends Chapter 21 of the township code, titled “Land Development.”
It adds definitions for "Critical IT Electrical Load" and "Data Centers," and updates the township’s prohibited uses section to state that data centers are prohibited in all districts unless otherwise provided.
The explanatory statement says the amendment removes "data processing centers" from the list of uses permitted in the E-1, E-2, E-3, E-4 and E-5 Office Zone.
Under the ordinance, the prohibition applies to "commercial colocation facilities, cloud computing facilities, server farms, cryptocurrency mining operations, and wholesale digital infrastructure uses."
The ordinance says the limitation does not apply to hospitals, public safety facilities or public utility infrastructure otherwise permitted by the chapter.
It also says some server rooms and accessory data processing facilities may still be allowed if they remain subordinate to a principal permitted use and meet size, electrical load, infrastructure and standby generation limits.
During the public hearing, Warren Township Committeeman Daniel Crosen noted that last week, Warren adopted a similar ordinance after months of discussion and careful consideration.
"Warren Township stands with Bernards and the many other communities across New Jersey that are working to ensure growth is guided by sound planning, responsible governance, and the long-term interests of the people that we serve," said Crosen.
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