From New York to Texas, state and local governments have heard the message: Their constituents are wary of data centers. Across the political spectrum, large numbers of Americans agree that these facilities should pay taxes, cover the bill for water and power upgrades, keep noise to a minimum, and employ locals at decent wages. In other words, data centers should legitimately benefit the communities whose land and power they use.
Developers often express a willingness to do these things—until they see the specific list of requirements.
A pitched battle in the Philadelphia suburbs provides a vivid illustration of this dynamic. Developer Brian O’Neill wants to build a 2 million-square-foot data center in a former steel plant. Under Pennsylvania law, Plymouth Township (in which the plant is located) cannot simply say “no” to any lawful land use, but it can enforce zoning rules and require project mitigations in the name of health and safety.
According to the township, O’Neill’s company “represented that they would implement any provisions that the Township proposed.” The township developed a 43-point plan that covers nine printed pages. O’Neill balked.
His lawyers are now challenging the township’s zoning ordinance on the grounds that the conditions have become too burdensome to develop the facility.
On Monday night, Plymouth Township released a 12-page statement claiming that O’Neill’s challenge is “a blatant attempt by the Applicant to demand approval by tantrum. The Township will not entertain such theatrics.”
Lynne Viscio, president of the township council, told the Philadelphia Inquirer this week that O’Neill has “bullied” and “intimidated” township officials.
Council member Chris Manero offered the statement’s most conciliatory view, arguing that data centers can deliver technological and financial benefits. But he said officials should not have to sacrifice residents’ health and well-being to secure those benefits, and he too opposes the current application.
Plymouth Township has helpfully published its entire list of requirements, which provides insight into what it has been hearing from residents and planners. The main concerns are power, water, pollution, and noise.
A partial list, paraphrased for clarity, includes these items:
To O’Neill, all of this looks like an attempt to keep him from making legal use of his land. He told the Inquirer this week that claims against him are a “bold-faced lie” [sic] and that he has already agreed to “the majority” of what the township wanted.
“We are sympathetic to the fact that they are under tremendous political scrutiny from people outside the township, as well as residents inside the township, and that makes giving a landowner their property rights… challenging,” he told the paper. “However, I am a landowner, and I do have rights, and it is their job to be impartial and fair in their analysis and response.”
O’Neill hopes to build six data centers across the area. Success may turn on whether these township demands are normal zoning conditions designed to protect residents—or so onerous that they amount to prohibition by another name.
