20260308_LCPC_Zoning_Oridnance_Amendment_1_of_2026_V2_1_Data_Centers
500,000 ft2 to a maximum of 499,999 ft2 and a maximum consumption of 100 MWs.
Edge Data Center: Consists of a singular structure or campus with an area strictly less than 20,000 ft2 up to 99,999 ft2 (may include modular data centers) and a maximum consumption of 20 MWs.
Developers Agreement: An agreement in writing prepared and submitted by the applicant/developer at time of submission to zoning hearing board. This agreement shall include, but is not limited to, the intent of a community incentive package, an agreement to submit all annual reports and studies set forth in this ordinance, any proposal from said applicant/developer that intends to include “bring your own power”, alternative, and renewable energy resources, and an affidavit of understanding that financial security in the form of bonds, letters of credit, escrow accounts, cash, or other financial instruments accepted by the governing body in the amount sufficient to cover applicable bonding set forth in this ordinance shall be required prior to the submission of a land development plan in accordance with the SALDO of Luzerne County, in amounts to be determined by the County Engineer.
SMR – Small Modular Reactor: The small modular reactor (SMR) is a class of small nuclear fission reactors, designed to be built in a factory, shipped to operational sites for installation and then used to power buildings or other commercial operations. SMR designs include pressurized water, generation IV, thermal-neutron reactors, fast-neutron reactors, molten salt, and gas-cooled reactor models, as examples. An SMR must be of a design fully licensed and permitted by the NRC (Nuclear Regulatory Commission). Nuclear reactors similar to Susquehanna Steam Electric Station, Three-Mile Island and The Limerick Generating Station are expressly excluded from the definition of an SMR and are not permitted in the DCET. An SMR may only be considered after approval as a Special Exception. An SMR will be considered a Data Center Accessory Use.
All of the municipalities that have included this definition have required the use be considered separate from the Data Centers and considered a special exception or conditional use.
I’ve recommended municipalities discuss the release of cooling waters from the SMR systems with their solicitors, to see if they can require a water study, or documentation indicating where/how any cooling water will be released, because I’m not sure if it is legally sound. Requiring such a study or documentation may go beyond the federal requirements.
Community Incentive Package: Programs or contributions to public safety, health, education, community amenities, or infrastructure enhancements designed