Data Center Ban Ordinance Backed By Bernards Township Planning Board

BASKING RIDGE, NJ — The Bernards Township Planning Board is backing a land-use ordinance proposing a data center ban.

The ordinance was introduced by the Township Committee on May 26 before being sent to the Planning Board for master plan review.

On Tuesday, the Planning Board voted that Ordinance No. 2599 — which would amend Chapter 21, land development, on uses permitted in the E1, E2, E3, E4 and E5 office zones — was "not inconsistent" with the township’s master plan.

The Board also recommended a wording change in the definitions section.

Board Planner Allison Fahey told the board the ordinance has three parts.

She said it would add definitions related to "data centers" and "critical IT electrical load," amend the section on prohibited uses throughout the township, and remove "data processing centers" from the list of permitted uses in the office districts.

After reviewing the 2023 master plan, Fahey said she found multiple land use goals and objectives that support the prohibition and "no mention whatsoever of a preference for data centers" or data processing centers in the plan.

"In my professional opinion, after finding a lot of goals and objectives that align with prohibition and finding no mention whatsoever of a preference for data centers or data processing centers within the master plan, I believe that this ordinance is not inconsistent with the master plan, but in fact consistent with your master plan," she said.

The board also discussed a recommended technical edit from Board Attorney Jonathan Drill.

The recommendation was to move repeated language about what qualifies as a data center, and what is excluded from that definition, into the code’s definitions section rather than repeating it in the prohibited uses section.

Board members agreed that the exception for "hospitals, public safety facilities or public utility infrastructure otherwise permitted by this chapter" should remain part of the definition language.

Board member John Crane said the ordinance preserves existing office building uses for data processing if they meet size standards, while limiting future high-impact uses.

He pointed to utility and environmental concerns, including sewer plant capacity, water use, electricity costs and possible effects on streams.

"I think this is a well-written ordinance with a lot of thought to it. It maintains our office building uses for data processing," said Crane.

He added that the Township has a history of restricting office buildings to the interstate area to avoid residential impacts.

"I think our history of not having an impact on residential stays in place here. It allows the existing use to stay in its existing use. It eliminates high-impact use for the future," said Crane.

Chairwoman Kathleen Mastrangelo asked for a motion to deem the ordinance "not inconsistent with our master plan" and to forward the suggested definitional edits to the township.

The motion was seconded and approved on a roll call vote, with members voting yes.

The ordinance now returns to the Township Committee with the board’s recommendation and proposed revisions.

• Previous Reporting: Bernards Township Moves To Ban Data Centers

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