'Demanding Approval By Tantrum': Plymouth Twp. Council Calls Out Data Center Developer

PLYMOUTH TOWNSHIP, PA — The developer for the massive data center proposal in Plymouth Township has refused to negotiate with a new series of health and safety conditions presented by commissioners, instead "demanding approval by tantrum," officials alleged Monday in a lengthy and unusual public disclosure regarding the ongoing bargaining.

The council gave developer Brian O'Neill a 43-point list of various safeguards, including noise limits, buffer zones, water and wastewater restrictions, no public grid power, and more. O'Neill, who is on his second application to build the data center at the former Cleveland Cliffs steel plant on 900 Conshohocken Road, not only rejected every condition, but also filed a challenge to the challenging the validity of the Township's zoning ordinance, claiming it is too difficult to work with.

"Although the applicant rejected these conditions and safeguards, we are not backing down," Plymouth Township Council President Lynne Viscio said Monday. "We remain steadfast in our commitment to protect the long-term health, safety, and welfare of the Township, our environment, and our residents."

The council reiterated the legal point that has been shared by other municipalities fighting against data centers: local officials say they cannot legally choose to not hear a proposal for data center development, according to Pennsylvania law.

"It does not mean that we are welcoming data center applications and applicants with open arms," she added. "It does not mean that we do not review these applications with the highest scrutiny. And it does not mean that developers can build and operate a data center in Plymouth Township in any manner they choose."

So instead of seeking to ban data center development outright, something that 74 percent of Pennsylvanians have advocated for, along with a bipartisan coalition of lawmakers, the township put together a very specific 43-point list of conditions (the full list is included at the bottom of this article).

The council had already public opposed this project in a statement in early June, though the proposal has gone through public hearings since.

O'Neill's refusal to engage with the list of conditions in any capacity, and his ensuing formal protest, was not met well by the council. It seems to have spurred their public disclosure of the state of negotiations Monday.

"The township will not entertain such theatrics," the council said. "Council will continue to oppose the special exception application, and any challenge to its zoning ordinance, for as long as the application blatantly disregards the health, welfare, and safety of the community."

The disclosure Monday also provides context to an outraged public that has shown massive and coordinated opposition to the plan ever since its first iteration came to light last autumn.

O'Neill, who is also behind the massive data center cluster proposal in nearby Upper Merion, has been in close contact with Gov. Shapiro's administration about loosening rules against data center zoning and even urging the right to appeal be stripped from residents, according to emails obtained in a Right to Know request by the advocacy group Concerned Citizens of Montour County.

The next public hearing on the proposal is set for Thursday, Aug. 6 at 7 p.m. at Colonial Middle School.

The full 43-point list of conditions presented by the township to the developer is included below:

1. The Project shall be limited to the existing footprint of the current improvements on the Subject Property.
2. The Project shall not exceed two (2) stories in occupiable height; in no instance shall the Project increase the existing height beyond that of any current building on the Subject Property.
3. Developer agrees to attempt to reduce any coverages or other dimensional nonconformities on the Subject Property.
4. Developer agrees to identify, design and construct a pedestrian connection, adhering to PennDOT standards, in the form of a sidewalk or other all-weather (paved) trail, from the existing termination of the sidewalk along Conshohocken Road/New Elm Street at the overpass of Interstate Route 476 (the Blue Route) and for the width of the Subject Property along Conshohocken Road.
5. Any portion of the Project containing mechanical or electronic improvements (e.g. servers, power generation, mechanical support systems) and/or any equipment that may generate noise shall not be located closer than 500 feet to any residential zoning district boundary line and/or property line of a property with a residential use.
6. Developer shall maintain a minimum 100-foot planted buffer where abutting a residential zoning district and/or abutting a property with a residential use. For these purposes, abutting zones or properties shall include those on the opposite side of any right-of-way from the Subject Property. Such buffer shall be vegetated with both trees and shrubbery, arranged to reduce visual impact and mitigate sound, to the satisfaction of the Township.
7. All features installed on the rooftop of the building(s) shall be screened by a parapet sound wall to mitigate the impact of any machinery so placed.
8. All exterior light fixtures shall meet Dark Sky Standards, as defined by DarkSky International and/or applicable Township Ordinances.
9. Developer shall demonstrate perpetual compliance with one (1) or more of the following standards: LEED for Data Centers at Gold Level or higher; EPA Energy Star; GBI Green Globes; ISO 50001 Energy Management and ISO 14001 Standard for Environmental Management Systems; or other equivalent standards as approved by the Township for so long as the Project is operational.
10. Noise, Vibration and Sound:
11. iii. Cause vibration interfering with reasonable use and enjoyment of neighboring property.
12. ii. Cause perceptible vibration causing recurring rattling of windows, walls, floors, ceilings, or household contents.
13. i. Exceed Peak Particle Velocity (PPV) of 0.02 inches per second at any property line.
14. c. Developer shall ensure the Project does not:
15. i. Where baseline ambient noise exceeds the maximum sound level above, property-line sound levels shall not exceed the baseline (for dB(A) and dB(C)).
16. b. The Project shall not generate sound equaling or exceeding 50 decibels at any property boundary, and shall adhere to all applicable low-frequency noise standards and the Township's noise ordinance at all times.
17. vi. Octave-band limits at any property line shall not exceed: 16 Hz: 65 dB / 31.5 Hz: 60 dB / 63 Hz: 55 dB / 125 Hz: 50 dB. If ANSI, ISO, EPA, or other recognized authority adopts more protective methodologies, Developer must comply within six (6) months unless the Township sets another timeframe.
18. v. Noise mitigation may be required by the zoning officer when studies show noise approaching established limits.
19. iv. If pre-construction baseline exceeds the Noise Ordinance's maximum, the post-construction study must show operations don't materially increase that baseline; any increase is a violation unless specifically authorized.
20. iii. Sound shall be measured at all property lines using full spectrum modeling to address low-frequency noise.
21. ii. Post-construction Noise Study — submitted no sooner than 1 month but no more than 12 months after the first Certificate of Occupancy.
22. i. Pre-construction Noise Study — prepared by an acoustical engineer, establishing baseline ambient noise/vibration levels at different times of day, including a narrative on anticipated operational impacts, an octave band analysis, and accounting for substations, on-site power generation, and other accessory uses.
23. a. Prior to building permits, Developer shall fund a third-party provider (selected by the Township) to establish benchmark sound (decibel) and noise (frequency) levels before construction and at full operation:
24. Prior to building permits, Developer shall provide a Thermal Impact Mitigation Plan, including:
25. i. An annual report covering: electrical consumption; waste heat recovery systems; estimated waste heat reused; modifications to thermal mitigation; and thermal-related complaints and responses.
26. h. Material changes to the approved plan (cooling technology, equipment capacity/location, mitigation measures) require an amended plan for Township review/approval before implementation.
27. g. Subject to Township review/comment, with the right to require supplemental or amended plans prior to building permits.
28. f. Preparation and certification by a PA-licensed professional engineer.
29. e. A monitoring and verification approach, where required based on proximity to sensitive receptors or site constraints.
30. d. Evaluation of feasible waste heat reuse opportunities; if not feasible, reasons and alternative mitigation must be given.
31. c. Description of design measures to minimize heat impacts (equipment siting, shielding, landscaping, cool roofs/paving, etc.).
32. b. Evaluation of potential off-site thermal impacts at property boundaries and nearby sensitive receptors (plume/heat discharge, heat islands) under representative seasonal conditions.
33. a. Identification of primary waste heat sources (air- and water-based).
34. Developer shall ensure all electric/electronic equipment is shielded so no radio, television, or other broadcast interference is discernible at the property boundary.
35. The Project shall use a closed-loop/closed-circuit cooling system with non-toxic coolant. Coolant shall not be drawn from any public system nor discharged into a watercourse, sewer system, or in a manner that could contaminate groundwater. A filling and discharge plan must be provided prior to permits.
36. Developer shall provide an estimated annual water consumption report (including water source) prior to and annually after issuance of a Certificate of Occupancy.
37. Developer shall not draw water from the Schuylkill River or other watercourse, nor from any public water system, except potable water for human consumption/use (restrooms, kitchens, etc.).
38. Developer shall not discharge into the Schuylkill River at any time.
39. Flow Identification and Controls — Developer shall quantify all project flows and, at the Township's sole discretion, be subject to discharge limitations and metering requirements as determined by the Township Sewer Engineer or other jurisdictional authority.
40. Discharge Quality and Pretreatment:
41. b. Prohibition on introducing process wastewater, cooling system fluids, or other industrial discharges absent express permission from the appropriate authority.
42. a. Compliance with all applicable pretreatment standards for any discharge.
43. Wastewater Discharge Plan — subject to review/approval and perpetual compliance, addressing:
44. c. If relying on private disposal, a feasibility study including: wastewater generation calculations; a geologic map within a 1-mile radius; location of wells within 1,000 feet; location of surface waters/pollution sources within 1,000 feet; identification of recycling/release processes; a determination of no adverse impact on nearby wells, surface water, and groundwater; and qualifications/signature/seal of the preparer.
45. b. Confirmation of public system capacity from the wastewater authority.
46. a. Estimated wastewater volumes (sewage, HVAC/coolant discharge).
47. Monitoring and Enforcement — Developer shall provide a dedicated sampling location and permit unimpeded inspection/monitoring/enforcement access at all times.
48. Change-in-Use/System Modifications — No modification increasing sanitary flow or changing discharge characteristics without Township/authority review and express approval.
49. The Project shall be power self-sufficient via on-site generation, not drawing from public utilities, with an attempt to use renewable generation (preference for solar) to the greatest extent possible. Documentation of renewable efforts required before the Certificate of Occupancy and annually thereafter.
50. Developer shall offer excess on-site generated power back to the utility grid where possible, but on-site generation's primary purpose shall be the Project itself, not off-site power provision.
51. If the Project uses battery storage, Developer must demonstrate compliance with NFPA Standard 855 (or similar) and include fire suppression systems designed specifically for battery storage.
52. The Project shall demonstrate that fire suppression, containment, ventilation, and evacuation procedures sufficiently protect public health, safety, and welfare.
53. Developer agrees to use a clean air micro-grid or CHP system to address emissions/pollution; all emissions shall meet the highest EPA or PA DEP standards; generators must meet or exceed Tier 4 emissions standards, with practices optimized to reduce generator runtime and enhance emission controls.
54. Developer shall conduct a Traffic Impact Study (TIS) for both construction-phase and operational traffic, per PennDOT standards.
55. Developer shall ensure the Project does not adversely affect the level of service on surrounding roadways.
56. Developer shall design all access points and on-site circulation to prevent queuing or operational impacts on public roadways.
57. Developer shall conspicuously post signage at the property entrance with 24-hour emergency contact info (owner, operator, phone, email), plus contact info for any third-party service providers.
58. Developer shall develop and maintain an Emergency Response Plan (prepared by a qualified professional) on file with the Township and emergency services, which shall:
59. e. Include annual fire safety inspections by a qualified professional.
60. d. Ensure first responders receive adequate training on the installed system, at applicant's expense.
61. c. Include detailed fire suppression, containment, ventilation, and evacuation procedures.
62. b. Be reviewed and accepted by the local fire department/emergency management prior to building permits.
63. a. Evaluate positive/negative impacts on emergency services and fire protection.
64. All Emergency Response Plan provisions shall be implemented as required by the Township's Fire Marshal, including fire suppression, containment, alarms, and other warning/emergency systems.
65. Applicant shall coordinate with the municipal emergency management coordinator to ensure adequate radio coverage for emergency responders within all on-site buildings, based on existing coverage levels, and install enhancement systems as needed.
66. Developer shall develop a plan to recruit and hire locally, commit to prevailing wage/benefit rates, employ local workforce (including registered apprenticeship programs and skilled construction labor) for site prep and construction, and provide comprehensive training for all hires as appropriate.
67. An Electronic Waste Plan shall be reviewed and approved prior to building permits, covering safe removal/recycling/disposal of server infrastructure, hazardous materials, batteries, and e-waste, meeting all state/federal requirements, for replacement or decommissioning.
68. Developer shall develop a Decommissioning Plan to the Township's satisfaction, with all decommissioning costs borne by Developer. Financial security equal to the decommissioning cost must be provided prior to building permits, held until released by the Township.
69. Developer shall provide an annual report on energy consumption, emissions output, water intensity, renewable energy use, and other operational/environmental factors requested by the Township; the Township may make this report public at its discretion.
70. Developer agrees to grant the Township full access to the Subject Property to monitor, inspect, and evaluate compliance with all conditions and Township Ordinances.
71. Developer agrees to pay all permit fees as calculated by the Township.
72. Developer agrees to seek no variances from the Plymouth Township Zoning Ordinance of 1960, as amended.
73. Public Information and Monitoring — Developer shall develop and maintain a Continuous Monitoring Plan (approved before the Certificate of Occupancy), including a publicly accessible portal reporting on air quality, water usage, thermal impact, noise, and vibration. The Township may require additional monitoring criteria. This obligation is perpetual until decommissioning and completion of any Decommissioning Plan.
74. Advancements in Technology (Reopener Clause) — The Township may reopen review of these conditions upon: Following review, the Township may require additional mitigation, including: additional acoustic barriers; enhanced vibration isolation; equipment replacement/retrofit; operational restrictions; additional monitoring locations; enhanced reporting; revised low-frequency sound/vibration limits; additional setback/buffering for future phases; and/or other reasonably necessary measures. Any required updated Acoustic, Low-Frequency Sound, and Vibration Impact Assessment shall be at Developer's expense, and the Township may retain independent consultants at Developer's cost. Developer acknowledges compliance with numerical standards does not create a vested right to continue operations causing documented adverse impacts if future evidence shows more protection is needed. All required modifications must be implemented and operational within six (6) months of Township approval.
75. F. Development of new residential neighborhoods, schools, hospitals, parks, or other sensitive receptors nearby.
76. E. Material expansion or substantial changes to equipment, cooling, power, generators, or facility configuration; and/or
77. D. Repeated verified complaints despite technical compliance;
78. C. Verified evidence of impacts not adequately addressed by existing standards;
79. B. New or revised standards from ANSI, ISO, EPA, OSHA, NIOSH, ASHRAE, state agencies, or comparable bodies;
80. A. New federal/state/international/peer-reviewed research on health, safety, sleep, nuisance, property, or quality-of-life impacts from low-frequency sound, infrasound, tonal noise, or vibration from similar facilities;
81. Assurances that all taxes will be paid, and Developer shall not attempt to reduce the tax burden owed to the Township.