Title
AN ORDINANCE AMENDING TITLE 41, ZONING AND LAND USE REGULATIONS, REVISED GENERAL ORDINANCES OF THE CITY OF NEWARK, NEW JERSEY, 2000, AS AMENDED AND SUPPLEMENTED, TO ESTABLISH A ONE YEAR MORATORIUM ON THE DEVELOPMENT OF DATA CENTERS IN THE CITY OF NEWARK, AND TO AMEND THE DEFINITION OF “DATA CENTER” AS SET FORTH THEREIN.
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WHEREAS, Title 41, Zoning and Land Use Regulations of the Revised General Ordinances of the City of Newark, New Jersey, 2000 has limited provisions dealing with data centers and lacks specific standards regarding that use; and
WHEREAS, for purposes of this Resolution, “Data Center” shall mean a facility whose primary services are the storage, management, and processing of digital data and that is used to house computer and network systems, including associated components such as servers, network equipment and appliances, telecommunications and data storage systems, systems for monitoring and managing infrastructure performance, Internet-related equipment and services, data communications connections, environmental controls, fire protection systems, and security systems and services; and
WHEREAS, technological progress or investment is beneficial, but it must not come at the expense of the health, safety, and welfare of the City and its residents, and must occur in a planned and environmentally sustainable manner that protects the long-term interests of the City of Newark and its residents; and
WHEREAS, the development of data centers in the City poses unique and significant implications for the health, safety, and welfare of Newark, its residents, and its neighborhoods, including concerns over electrical grid capacity and reliability, noise concerns from generators and cooling equipment, air quality, development density, and compatibility with surrounding uses; and
WHEREAS, there is a national trend in data center expansion, with concentrated adverse impacts in already overburdened low-income and environmental justice communities, creating disproportionate health risks-including asthma, cardiovascular disease, and hearing loss-while raising utility costs for ratepayers and threatening groundwater, wetlands, and local ecosystems; and
WHEREAS, data centers are being proposed in neighboring communities, and Newark’s strategic location makes it a target for additional data center siting; and
WHEREAS, the typical siting process for new data center projects often involves on-site fossil fuel generation, waivers of stormwater protections, and abbreviated public notice procedures that bypass critical safeguards and impose severe cumulative harms on communities already stressed by water quality violations and elevated air pollution levels; and
WHEREAS, several New Jersey municipalities have passed data center moratoriums, as have New York and Texas, to fully consider the impacts that data centers have; and
WHEREAS, for the health, safety, and welfare of the residents of the City of Newark, and for the protection of its natural resources, portions of Title 41, Zoning and Land Use, must be revised and rewritten to regulate data centers and clearly define the parameters for their operation; and
WHEREAS, the Municipal Council of the City of Newark has concluded that it is necessary to direct the City’s Department of Economic and Housing Development, Central Planning Board, and Newark Environmental Commission to study the issues involving data centers and make recommendations regarding text amendments to Title 41, Zoning and Land Use to ensure a consistent, cohesive, and sensible policy which conforms to the most recent jurisprudence is developed and maintained concerning data centers and regulation of data centers; and
WHEREAS, the Municipal Council has determined that, during deliberations on the anticipated revisions, there shall be a deferral of review of data center applications; and
WHEREAS, a one-year moratorium is the most effective instrument to pause further data center siting to allow a study of the relevant state of the law, a comprehensive cumulative impact analysis, meaningful engagement of affected communities, and development of a durable regulatory framework that meets or exceeds municipal, state, and federal environmental standards.
NOW, THEREFORE, BE IT RESOLVED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT:
1. This Moratorium shall become effective immediately upon adoption of this Resolution.
2. For a period commencing on the date of the adoption of this Resolution and terminating one (1) year thereafter, and except as otherwise provided herein, there shall be no consideration or action taken by the Municipal Council, Central Planning Board, or other City entity, official, or agent, on applications that meet the definition of Data Center and are larger than 5,000 square feet, under Title 41, Zoning and Land Use or any other applicable section of the Revised General Ordinances.
3. No new data center applications, permits, licenses, conditional use requests, rezoning petitions, or certificates of occupancy for a facility larger than 5,000 square feet shall be accepted, reviewed, processed, considered, approved, or otherwise allowed during the moratorium period.
4. The Central Planning Board, along with the Deputy Mayor/Director of the Department of Economic and Housing Development, City Planners, City Engineers, City Officials, and Corporation Counsel, shall study the relevant state of the law, and shall present to the Municipal Council before the end of the moratorium period, a set of recommendations for amending Title 41, Zoning and Land Use, or the Revised General Ordinances, or any combination thereof, with respect to data centers.
5. The Newark Environmental Commission shall conduct cumulative impact analyses and present the findings to the Municipal Council, Central Planning Board, and Department of Economic and Housing Development for consideration in the development of the aforementioned set of recommendations for amending Title 41, Zoning and Land Use, or the Revised General Ordinances, or any combination thereof, with respect to data centers.
6. The Central Planning Board shall conduct a public hearing on the aforementioned set of recommendations for amending Title 41, Zoning and Land Use, or the Revised General Ordinances, or any combination thereof, with respect to data centers.
7. The Department of Economic and Housing Development and Central Planning Board shall prepare a comprehensive status report and present it to the Municipal Council every six (6) months during the pendency of this Resolution.
8. The Newark Environmental Commission shall prepare a comprehensive cumulative impact analysis and present it to the Municipal Council, Central Planning Board, and Department of Economic and Housing Development every six (6) months during the pendency of this Resolution.
9. The Municipal Council may extend the term of this Resolution, and multiple extensions are allowed, upon a determination that additional time is necessary to complete the required studies, public review, or proposed amendments concerning data centers and regulation of data centers. The Municipal Council shall hold a public hearing to present a comprehensive status report and a comprehensive cumulative impact analysis in advance of any extension. All other provisions of this Resolution shall remain in full force and effect during any such extension period.
10. Any data center permit, license, conditional use request, rezoning petition, or certificate of occupancy for a facility larger than 5,000 square feet that is issued in violation of this Resolution shall be deemed null and void from the moment it is granted.
11. If any provision of this Resolution is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
STATEMENT
This resolution requires a data center moratorium for the duration of one (1) year, and directs the Central Planning Board, Department of Economic and Housing Development, and Newark Environmental Commission to study the relevant state of the law and cumulative impacts with respect to data centers and present a set of recommendations to the Newark Municipal Council for the revision of Title 41, Zoning and Land Use, or the Revised General Ordinances, or any combination thereof.