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The Board of Supervisors of Mahanoy Township, Schuylkill County, Pennsylvania (the

“Township”), hereby enacts and ordains as follows:

WHEREAS, the Board of Supervisors recognize residents have a right to clean air, pure water, and to the preservation of the natural, scenic, historic, and esthetic values of the environment; and

WHEREAS, without proper controls, the proliferation of data centers could harm resident’s  right to clean air and pure water because of their emissions, water use, and energy demand; and

WHEREAS, the Board of Supervisors from time to time, find a need to regulate certain new and innovative uses in the Township in order to preserve the quality of life and to promote protect and facilitate the public health, safety, welfare and prosperity; and wishes to amend said Township Zoning Ordinance; and

WHEREAS, Data centers are specialized facilities that manage, process, and share large amounts of data. They enable the digital services that people rely on daily, including websites, electronic applications, and cloud-based platforms such as email and media streaming. These services are also critical to businesses and organizations, for example, allowing businesses to make secure transactions electronically or conduct complex computing tasks using artificial intelligence (AI). Given their essential role in daily life, business, and the economy, data centers have become a critical part of the world’s digital infrastructure; and

WHEREAS, this Ordinance Amendment is enacted pursuant to Article VI of the Pennsylvania Municipalities Planning Code (the “MPC”), 53 P.S. §10601, et seq.; and

WHEREAS, the Township zoning ordinance commands to provide standards to maintain the success of the current business space and to encourage successful future business development in a harmonious and orderly fashion; AND

WHEREAS pursuant to Section 603(2) of the Municipalities Planning Code, 53 P.S. § 10603, the Township of Mahanoy is authorized and empowered to utilize provisions for Conditional Uses to be allowed or denied by the governing body after recommendations by the planning agency and hearing, pursuant to express standards and criteria set forth in the zoning ordinance. The Governing Body has exclusive Jurisdiction to hear and act upon Conditional Use requests.   In allowing a Conditional Use, the Governing Body may attach such reasonable conditions and safeguards, other than those related to off-site transportation or road improvements, in addition to those expressed in the ordinance, as it may deem necessary to implement the purposes of this act and the zoning ordinance.; AND

Whereas, pursuant to Section 609 of the Municipalities Planning Code, 53 P.S. § 10609, the Township of Mahanoy is authorized and empowered to enact amendments to the Mahanoy Township Zoning Ordinance after public hearing thereon pursuant to public notice; and

Whereas, Article IX of the Mahanoy Township Zoning Ordinance shall be amended to include Section 903.4; and

WHEREAS, after public hearing pursuant to public notice, the Board of Supervisors of the Township of Mahanoy desires to ordain and enact the amendments to the Mahanoy Township Zoning Ordinance set forth hereinafter.

NOW, THEREFORE, BE IT ENACTED AND ORDAINED by the Board of

Supervisors of Mahanoy Township, Schuylkill County, Pennsylvania, and it is hereby ordained and enacted by the authority of same that the Mahanoy Township Zoning Ordinance is amended for purposes of permitting data center uses, adding definitions related to data center uses, providing for supplementary regulations and procedures to promote responsible data center development while protecting the health, safety, and welfare of the Township residents, and permitting for data center subdivision and land development.

PURPOSE AND INTENT

To promote practical community development by accommodating reasonable overall community growth, including population and employment growth, by allowing for development of data center use.  

To provide objective supplementary regulations that align with the community character and promote health, safety and welfare while not being unduly restrictive on typical data center design and operations. 

To advance economic development and practical mitigation measures, consistent with stakeholder input principles recommended by industry and local partners.  

AMEND ARTICLE II SECTION 201 – DEFINITIONS shall be amended to add the following definitions:

DATA CENTER. A facility or group of facilities, including ancillary uses or associated structures located on the same tract or parcel of land, that are predominantly used to house working servers or similar data storage systems and that have an uninterruptible energy supply or generator backup power, or both, cooling systems, towers and other temperature control infrastructure.

DATA CENTER ACCESSORY USE: Ancillary uses or structures secondary and incidental

to a Data Center use, including but not limited to: administrative, logistical, fiber optic, storage, and security buildings or structures; sources of electrical power such as generators used to provide temporary power when the main source of power is interrupted; electrical substations; utility lines; domestic and non-contact cooling water and wastewater treatment facilities; water holding facilities; pump stations; water towers; fencing; environmental controls ( air conditioning or cooling towers, fire suppression, and related equipment); security features, provided such data center accessory uses/structures are located on the same tract or assemblage of adjacent parcels developed as a unified development with a Data Center. The use shall not include energy generation systems permanently used or intended to be used to permanently supply constant power to the Data Center during normal operations.  Exceptions to generation systems permanently used are:

1. Roof or ground mounted solar energy systems which provide electricity that is intended for use by a primary use on the same parcel are permitted outright as an accessory use and do not fall under energy storage and generation.

2. Power generation which is accessory to a site, primarily used as a backup in emergency situations, is classified as an accessory use to the primary use on the site.

3. An onsite Battery Energy Storage System (BESS) is considered an accessory use and does not fall under energy storage and generation as a primary use.

4. Energy transmission is classified as a utility facility and onsite BESS facilities are classified as accessory uses to the utility facility.

Data Center Campus. An integrated development of multiple data centers that may include data center accessory uses/structures and data center equipment. 

Data Center Equipment. Outdoor mechanical equipment adjacent to a data center that provides redundant power capacity to a data center. 

Data Center Campus Master Plan.  A plan for land development for a data center campus. 

Sensitive Receptor.  Schools, preschools, daycare centers, in-home daycares, health facilities such as hospitals, long term care facilities, retirement and nursing homes, community centers, places of worship, cemeteries, playgrounds, parks, campgrounds, dormitories, and any residence where such residence is not located on a parcel with an existing industrial, commercial, or unpermitted use as determined by the zoning officer, and any parcel where a residential use is a use permitted as a matter of right. 

AMEND DISTRICTS SECTION 407 MANUFACTURING I DISTRICT

Zoning Ordinance Article IV Section 407 entitled I-Manufacturing District shall be AMENDED to ADD Section 407.3 – CONDITIONAL USE – Data Center Regulations

The provisions of this ordinance as well as the Governing Bodies exclusive Jurisdiction apply to any data center whose gross floor area equals or exceeds 100,000 square feet, or whose continuous IT load equals or exceeds 10 mega watts. DATA CENTERS shall be permitted in the I-Manufacturing District and only as a conditional use subject to these regulations and those requirements of the Mahanoy Township Subdivision and Land Development Ordinance.   Where a regulation under this section 407.3 conflicts with a general regulation under the Mahanoy Township Zoning Ordinance, or the Mahanoy Township Subdivision and Land Development ordinance, the Section 407.3 specific regulation shall have precedence and control over the general regulation.

PUBLIC ENGAGEMENT

The applicant shall maintain a public project website beginning at least two (2) weeks prior to the first public meeting on the Zoning application, and continuing through final land development approval to keep the public abreast of the construction process.

AMEND ADD SECTION 407.3 CONDITIONAL USE – DATA CENTER REGULATIONS

1. DIMENSIONAL STANDARDS, INCLUDING SETBACKS, HEIGHT AND SIZE LIMITS.  –  Each data center shall meet all of the following dimensional requirements, in addition to those of the underlying zoning district:
2. MINIMUM LOT SIZE –  Any Lot which a DATA CENTER is proposed must be in single ownership.  A combination of contiguous lots to make up the minimum lot size is prohibited.  Any applicant may combine contiguous lots into one single legal description to make a single lot.  The minimum Lot Size for a proposed DATA CENTER Development shall be 250 acres.     
3. MINIMUM SETBACK REQUIREMENT – The Distance from any property line or public roadway to any primary or accessory building structure shall be 300 feet.  The Distance from any Private Residential Structure as measured from the nearest Private Residential Structure or Sensitive Receptor to any primary or accessory building structure shall be 1500 feet. 
4. SUBSTATION SETBACK —  1,000 ft from property line.
5. MAXIMUM BUILDING COVERAGE – 50%
6. MAXIMUM IMPERVIOUS COVERAGE –  60%
7. MAXIMUM BUILDING HEIGHT – 65 Ft.  inclusive of roof-mounted equipment such as cooling and ventilation systems, HVAC units and cooling towers.
8. BUFFER YARDS  –  In addition to the property-line private residential structure and sensitive-receptor setbacks above, the following buffer yard shall be established and continuously maintained along any boundary that abuts the indicated use category. Buffer yards of 200 ft. are measured inward from the property line.   Buffer yards shall be composed of one or more of the following, sufficient to provide year-round visual and acoustic screening:

(a) evergreen landscaping in staggered rows;

(b) earthen berms a minimum of 10 feet in height with side slopes no steeper than       3:1;

(c) opaque fencing or masonry walls a minimum of 8 feet in height; or

(d) a combination thereof. Emergency generators, transformers, chillers, loading areas, and major mechanical equipment shall not be located within a required buffer yard. The developer shall continuously maintain all buffer plantings and shall replace dead, diseased, or damaged landscaping in kind within one (1) growing season of identification.

I.  PUBLIC WATER and PUBLIC SEWER –  Public Water and Sewer hookups are required. 

PLACEMENT STANDARDS FOR DATA CENTERS

1. Building placement shall be accomplished by utilizing:

1. a demonstrable method to minimize sound levels at the property line; and
2. A demonstrable method of achieve unsightliness.

1. Building articulation

1. Principal-building facades shall include a horizontal offset of at least 10 feet at intervals no greater than 150 linear feet.
2. No more than 80% of any principal-building facade shall consist of one building material, color, texture, or pattern.
3. Principal-building facades shall include fenestration, step-backs, cantilevers, projections, or architectural elements extending horizontally across at least 60% of the facade.
4. Each principal building shall include an articulated main entrance.
5. Elevations and renderings of all principal-building facades visible from off-site shall be submitted at the time of land-development application.

1. Roof equipment – 

Roof-mounted equipment shall be set back from the parapet at least as far as the equipment’s height above the roof surface.

1. Substations and on-site lines

1. On-site substations shall be located on the side or rear of the principal building, screened from public view, and not in a required front yard.
2. On-site power lines rated 34.5 kV and below shall be buried.  It is preferred all utility lines are buried when feasible.

1. Visual screening of substations

1. Where an electric-utility substation is visible from an arterial roadway, the applicant shall provide a combination of year-round opaque landscaping and screening walls sufficient to minimize visual impact.   

1. Data Center Equipment and mechanical equipment shall be screened from view through screen walls or enclosures.  No Data Center Equipment shall be permitted in the front yard.
2. A Data Center Applicant shall submit a landscaping plan for approval by the zoning officer.  Landscaping plan shall be designed to minimize impacts to Sensitive Receptors as well as public streets.  Landscaping, fencing, and screening should be kept in good condition over time, with prompt replacement of damaged or dead plantings. 

F Fencing

1. Perimeter fencing shall not include barbed or razor wire.
2. All fencing shall be subject to the underlying municipal fence standards.
3. Security gatehouses are exempt from setback minimums.
4. Battery storage, electrical substations, on-site power generation equipment, and fuel storage shall be enclosed by security fencing a minimum of 8 feet in height with controlled vehicular and pedestrian access.

1. Equipment placement

1. Data Center Electrical Substations and all major mechanical equipment shall be located to the side or rear of the principal building. No substation, transformer pad, chiller yard, fuel-tank farm, or generator yard shall be located within a required front yard or between the principal building and the primary street frontage.
2. Substations and ground-mounted mechanical equipment shall be screened by year-round opaque landscaping and, where visible from an arterial roadway or residential property, a screening wall sufficient to break the equipment’s visual line from off-site receptors.
3. Service, loading, and refuse areas shall include a vegetative buffer or landscaped strip not less than 10 feet in width along property boundaries.
4. On-site utility distribution lines and feeder lines serving the property shall be installed underground to the maximum extent practicable.

1. Lighting plan

1. A photometric lighting plan shall be submitted with the land-development application, prepared by a qualified lighting professional, identifying fixture specifications, mounting heights, illuminance contours, and glare-control measures.
2. All exterior fixtures shall be full-cutoff, downward-directed with a maximum correlated color temperature of 3,000 K.
3. Spill at any property line abutting a residential use, residential district, sensitive receptor, or public road shall not exceed 0.1 footcandle at grade.
4. Non-essential exterior lighting shall be reduced or extinguished between 11:00 pm and 5:00 am, security and emergency egress lighting excepted.

1. Cooling system requirement

1. Data centers shall be designed to include a closed-loop water circulation system for cooling.
2. The applicant may propose an alternative cooling system only if it can be demonstrated to use the same as or less water and less energy than a closed-loop system, to the satisfaction of the municipal engineer.
3. No principal use on a data center site shall use private groundwater wells or direct withdrawals from surface watercourses as its primary cooling water source if a public water source is available within reasonable connection distance.

1. Water feasibility study (required when public water is unavailable)

The study shall include, at minimum:

1. Calculation of projected water needs, including seasonal fluctuations.
2. Geologic map covering a radius of at least one (1) mile from the property boundary.
3. Inventory of all existing and proposed wells within 1,000 feet of the property boundary, with high-yield well capacities.
4. Inventory of all surface waters within 1,000 feet of the property boundary and known point sources of pollution.
5. Determination of long-term safe yield and demonstration of no adverse impact to nearby wells, streams, or the groundwater table.
6. Description of how water will be recycled, treated, or released into surrounding water bodies.
7. Signature and qualifications of the licensed professional preparing the study.

1. Noise and Vibration

1. The applicant shall demonstrate through a sound study conducted by a professional

acoustical expert that the sound generated by a Data Center and/or Data Center Accessory Uses during normal operations shall be limited to a maximum daytime (7:00 a.m. to 8:00 p.m. Monday-Friday) decibel level of 67 dB(A) and a maximum nighttime and weekend (8:00 p.m. to 7:00 a.m. Monday-Friday and all day Saturday and Sunday) decibel level of 57 dB(A) as measured from the property line of the use. Such sound study shall be conducted using Sound Level Meters described in ANSI Sl.4-2104 and generally accepted methodology. A sound study shall be conducted at the following phases:

a. A preliminary study shall be conducted as part of the special exception/land development process. The preliminary sound study shall include recommended sound reducing materials or systems as needed to meet the aforesaid sound limits.

b. An interim sound study shall be conducted during the building permit approval

Process based on the proposed user or users of the Data Center and Data Center Accessory Uses depicted on the building plans. Any sound reducing materials or systems recommended by interim sound study shall be incorporated into the construction plans for the use.

c. An as-built sound study shall be conducted six months after issuance of the certificate of occupancy and prior to the final escrow release for any land development phase. As-built sound studies may also be required thereafter by the Township of Mahanoy. If it is determined by the as-built sound study(s) that there is a violation of the aforesaid noise limits, it shall be considered a violation of this Ordinance. The Penalty for violation of the Sound provisions of this Ordinance is $1,000.00 per day for each day the violation exists.

     2. Maximum decibel levels specified herein shall not apply during times of power outage, however the sound studies shall also evaluate and report anticipated decibel levels when all emergency power generation equipment is running, including backup generators.

     3. The applicant shall provide a vibration study prepared by a qualified professional that demonstrates that no vibration front the Data Center, Data Center Accessory Uses, or associated equipment will be perceptible to the human sense of feeling beyond the property line.

1. Workforce and Economic Development

The Owner/developer shall submit documented evidence that shall show its commitment to the utilization of local workforce engagement.

1. Transparency and Community Engagement;

1. Community Benefits Agreement

The Owner/Developer shall immediately enter into discussions with the municipality to make a Community Benefits Agreement.  Consideration of the Department of Community and Economic Development (DCED)  best practices on Community Benefit Agreements shall guide the municipality in their engagement with data centers.

Permits required prior to land development approval

1. Applicant shall provide “willserve” documentation from the applicable water/sewer providers confirming adequate capacity.  Alternatively, where applicable if withdrawing from a public water source, Applicants shall provide approvals from the applicable federal or state regulatory authority.  
2. PADEP — Water Quality Management permit (if applicable).
3. Nonpublic sources. If relying on nonpublic water, Applicant shall submit a water feasibility study addressing projected demand, source, reuse, and effects on nearby wells/surface waters.   
4. Delaware River Basin Commission (SRBC) — water withdrawal and consumptive-use approvals. (Part of Mahanoy Township lies within the Susquehanna River Basin; )
5. PADEP / Schuylkill County Conservation District — Chapter 102 NPDES permit for stormwater discharges associated with construction activities (required for earth disturbance of one acre or more), including the Erosion & Sediment Control Plan and the Post-Construction Stormwater Management (PCSM) Plan.
6. PADEP — Chapter 105 Water Obstruction and Encroachment permit, where stream, wetland, or floodway impacts are proposed.
7. Documented capacity letter from the public water authority and public sewer authority relied upon.

DROUGHT RESPONSE PLAN

The applicant shall submit a written drought-response plan demonstrating compliance with state, water-supplier, and local drought-declaration requirements. Plan shall include curtailment triggers, interruptible-supply provisions, and reporting protocols.

POWER SUPPLY AND GRID COORDINATION. 

Applicant shall provide documentation from the public electric service provider confirming available capacity and service commitment.  Applicant shall certify that  any power generation on the site shall be on a temporary basis only.  Applicant shall identify any known direct projectrelated impacts on local availability that require mitigation. 

1. Emergency/Standby Generation and uninterruptible power supply systems are permitted as Accessory Uses subject to (subsection on performance standards). 
2. Nonemergency onsite generation (e.g., solar, fuel cells, CHP) is permitted as an Accessory Use when not the primary power source and when compliant with all applicable air/water and electrical interconnection standards; otherwise, it shall be regulated under provisions for that generation use.   
3. Applicant shall provide all necessary federal and state permits related to emergency/standby or non-emergency on-site generation prior to construction of buildings. 
4. To the extent practical, utility lines, including but not limited to electronic, fiber optic, cable, and telephone lines, from sub-station(s) to a data center shall be placed under-ground.  This requirement shall not apply if the utility company requires above-ground lines or the placement of under-ground lines is not feasible.  Utility lines to the substations from off-site may be placed above-ground. 
5. Applicant shall demonstrate through verifiable means that Data Center Electrical Substations and all major mechanical equipment associated with DATA centers are the financial responsibility of either the Data Center or the Utility provider, that Data Centers are paying for all new power infrastructure upgrades required to deliver electricity to their data centers and that under no circumstance shall costs be passed on to the township residential customers.   

EMERGENCY MANAGEMENT AND SAFETY. 

Applicant shall submit an Emergency Response Plan (ERP) for review with local fire/emergency officials; include responder access, knox box access points, hydrant locations, system shutdown protocols, and all-expense paid training commitments for local firemen.  Local fire/emergency shall submit a writing to the Governing Body indicating compliance with this requirement before building permits are issued.    

EMERGENCY SERVICES COORDINATION

1. 911 addressing. The applicant shall obtain a valid 911 address for each principal building on the site and shall post that address at the primary site entrance in characters not less than six (6) inches in height.
2. 24-hour contact signage. Emergency-response signage at the primary entrance shall include: company name; site owner or representative name; a 24-hour emergency contact telephone number staffed by a live person; and the name and 24-hour telephone number of the serving electric utility.
3. Radio coverage. Prior to issuance of a certificate of occupancy, the applicant shall coordinate with the Schuylkill County Department of Public Safety and the host municipality’s primary fire chief to verify two-way radio coverage for all responder frequencies inside every occupied space within the facility. Where coverage does not meet the standard of the applicable NFPA / IFC in-building radio-enhancement criteria, the applicant shall design, install, and maintain a bi-directional amplifier (BDA) / distributed antenna system (DAS) at the developer’s sole expense for the life of the facility.
4. Specialized first-responder training. The applicant shall provide and fund specialized training for the host volunteer fire company, EMS provider, and county hazmat team in the risks specific to the facility, including: Class C electrical fires, lithium-ion thermal runaway and re-ignition behavior, large-frame gas-turbine generator response, and high-voltage substation rescue. Training shall be offered annually and at any time a material change in equipment occurs, at no cost to the responder agencies.
5. Project summary to responders. A site-specific emergency-response plan and project summary shall be filed with all primary first-response agencies and the Schuylkill  County 911 Director prior to issuance of the building permit, and updated within thirty (30) days of any material site or equipment change.

Secondary access

Each data center site shall provide a secondary access suitable for emergency-response purposes, reviewed and approved by the relevant fire chief or emergency-management coordinator.

TRAFFIC, CIRCULATION, AND PARKING

Parking:  A minimum of 40 spaces per each data center shall be provided; provided that, the minimum parking for a data center campus may be reached by aggregating all parking on a data center campus site.  No parking for a data center shall be located within fifty (50) feet of a property line abutting a residential district or having a residential use.

OWNER OBLIGATIONS FOLLOWING AN END-OF-USE EVENT.

Within twelve (12) months of an end-of-use event, the owner shall do one or more of the following, in any combination:

1. Convert to a permitted reuse. Submit a land-development or change-of-use application for a use permitted in the underlying zoning district. While that application is pending and during build-out of the approved reuse, the property is not subject to demolition.
2. Actively market the property for sale or lease as an industrial / commercial reuse opportunity, evidenced by a written marketing plan filed with the municipal engineer and updated annually. This option may be exercised for up to three (3) years from the end-of-use event. 
3. Decommission the site.

Throughout any period under option (1) or (2), the owner shall maintain the property in safe, secure, weather-tight condition; shall remove and lawfully dispose of all refrigerants, lithium-ion batteries, dielectric fluids, lubricants, fuels, and other regulated materials within 180 days of the end-of-use event (regardless of whether reuse is pursued);

DECOMMISSIONING (WHERE NO REUSE IS ACHIEVED)

If no permitted reuse has been approved and substantially commenced within these timelines, the owner shall complete decommissioning within eighteen (18) months thereafter, unless extended for good cause shown. The scope of decommissioning is:

1. Removal of all data-center-specific equipment (servers, racks, in-row cooling, UPS, switchgear, transformers, generators, fuel and gas piping not retained for reuse).
2. Removal of any structure that is unsafe, structurally compromised, or for which no permitted reuse is reasonably foreseeable; structures suitable for reuse may be retained at the owner’s election with the concurrence of the municipal engineer.
3. Where a structure is removed, removal of foundations to a depth of at least four (4) feet below finished grade.
4. Lawful disposal or recycling of refrigerants, batteries, lubricants, regulated fluids, and other regulated materials not previously removed under § 7.3.
5. Restoration of any disturbed land to a stable, vegetated condition compatible with the underlying zoning district.

 Zoning Application Submission requirements:

1. Land development plan meeting all standards of the underlying district, the Mahanoy Township Subdivision and Land Development Ordinance, and this ordinance.
2. Pre-construction noise study;
3. Water feasibility study ( if applicable)
4. Energy use plan describing peak demand, redundancy, on-site generation (if any), and curtailment commitments.
5. Decommissioning plan with cost estimate;
6. Traffic impact study including construction routing and emergency-response access plan.
7. Erosion & Sediment Control Plan and Post-Construction Stormwater Management (PCSM) Plan meeting 25 Pa. Code Chapter 102 and the Schuylkill County Stormwater Management Ordinance, prepared by a licensed professional and submitted to the Schuylkill County Conservation District.
8. Construction management plan with allowable hours, hauling routes, and dust-control measures.

AMEND ADD SECTION 903.3-A  CONDITIONAL USE: AFFECT OF FILING AN APPLICATION.

When an application for a Conditional Use has been filed with the Governing Body, and the subject matter of such application would ultimately constitute either a “land development” as defined in Section 107 or a “subdivision” as defined in Section 107 of the PA Municipalities Planning Code, Act 247, as amended, no change or amendment of the zoning, subdivision or other governing ordinance or plans shall affect the decision on such application adversely to the applicant and the applicant shall be entitled to a decision in accordance with the provisions of the governing ordinances or plans as they stood at the time the application was duly filed. Provided, further, should such an application be approved by the Governing Body, the applicant shall be entitled to proceed with the submission of either land development or subdivision plans within a period of six ( 6) months or longer or as may be approved by the  Governing Body, following the date of such approval in accordance with the provisions of the governing ordinance or plans as they stood at the time the application was duly filed before the Governing Body. If either a land development or subdivision plan is so filed within  said period, such plan shall be subject to the provisions of  Section 908 of the Zoning Ordinance and Section 10908 (1) through (4) of the PA  Municipalities Planning Code, Act 247, as amended, and specifically to the time limitations of Section  908 of the Zoning Ordinance and Section 10908 (1) through (4) of the PA  Municipalities Planning Code which shall commence as of the date of filing such land development or subdivision plan .

To obtain approval, the applicant bears the burden of demonstrating compliance with the specific, objective criteria of the zoning ordinance that relate directly to the conditional use.  In granting a conditional use, the board of supervisors may attach reasonable conditions and safeguards in addition to those explicitly expressed in the ordinances.  Any objectors must demonstrate a substantial, non-speculative threat to public welfare, and any conditions imposed must be firmly supported by evidence in the record.  This burden cannot be met with speculation, personal opinions, or bald assertions, but must show an adverse impact greater than what normally flows from the permitted conditional use.

AMEND ADD SECTION 903.4 – CONDITIONAL USE – DATA CENTER

SUBMITTALS AND REVIEW PROCEDURE. 

(a) Where the governing body, in the zoning ordinances, has stated conditional uses to be granted or denied by the governing body pursuant to express standards and criteria, the governing body shall hold hearings on and decide requests for such conditional uses in accordance with such standards and criteria. Fees for said hearings may include compensation for the secretary, notice and advertising costs, stenographer, and necessary administrative overhead connected with the hearing. 

The hearing shall be conducted by the Governing Body or the Governing Body may appoint any member or an independent attorney as a hearing officer. The decision or, where no decision is called for, the findings shall be made by the Governing Body. However, the appellant or the applicant, as the case may be, in addition to the municipality may, prior to the decision of the hearing, waive decision or findings by the board and accept the decision or findings of the hearing officer as final. In granting a conditional use, the governing body may attach such reasonable conditions and safeguards, in addition to those expressed in the ordinance, as it may deem necessary to implement the purposes of this act in the zoning ordinance.

(b) (1) The governing body shall render a written decision or, when no decision is called for, make written findings on the conditional use application within 45 days after the last hearing before the governing body. Where the application is contested or denied, each decision shall be accompanied by findings of fact or conclusions based thereon, together with any reasons therefor. Conclusions based on any provisions of this act or of any ordinance, rule or regulation shall contain a reference to the provision relied on and the reasons why the conclusion is deemed appropriate in the light of the facts found.

(2) Where the governing body fails to render the decision within the period required by this subsection or fails to commence, conduct or complete the required hearing as provided in section 908(1.2), the decision shall be deemed to have been rendered in favor of the applicant unless the applicant has agreed in writing or on the record to an extension of time. When a decision has been rendered in favor of the applicant because of the failure of the governing body to meet or render a decision as hereinabove provided, the governing body shall give public notice of the decision within ten days from the last day it could have met to render a decision in the same manner as required by the public notice requirements of this act. If the governing body shall fail to provide such notice, the applicant may do so.

(3) Nothing in this subsection shall prejudice the right of any party opposing the application to appeal the decision to a court of competent jurisdiction. A copy of the final decision or, where no decision is called for, of the findings shall be delivered to the applicant personally or mailed to him no later than the day following its date.

EFFECTIVE DATE

This ordinance shall take effect immediately.

ADOPTED at a meeting of Mahanoy Township Board of Supervisors held on __________________, 2026.

BY ORDER OF THE MAHANOY TOWNSHIP BOARD OF SUPERVISORS.

______________________________

Chairperson

______________________________

Supervisor

_______________________________

Supervisor

Attest________________________________

Cheryl Backo, Township Secretary