Montgomery Township PA data center curative regulations (2026)

Montgomery Township, Pennsylvania — Supervisors COMPLETE the Curative Amendment Cycle: Having Declared Their Own Zoning Ordinance Substantively Invalid in March for Not Identifying Data Centers, They Unanimously Adopt Regulations Permitting Them Only as a Conditional Use in the Limited Industrial District (2026)
Montgomery Township, PA · Montgomery Township, Pa. — zoning amendment regulating data centers as a conditional use in the Limited Industrial District (2026), following a March 2026 declaration of substantive invalidity

Status
In effect
Took effect
September 1, 2026
Applies to
Data center developers in Montgomery Township, confined to the Limited Industrial District and required to obtain conditional use approval
Enforced by
Montgomery Township Board of Supervisors; township zoning administration

Montgomery Township supervisors unanimously adopted a zoning amendment establishing where data centers may operate and imposing detailed regulations intended to protect neighbouring properties. The new ordinance permits data centers as a CONDITIONAL USE within the township's LIMITED INDUSTRIAL DISTRICT. What makes this entry important is how the township got here. It began preparing the regulations after supervisors DECLARED THE ZONING ORDINANCE SUBSTANTIVELY INVALID IN MARCH 2026, because the ordinance DID NOT IDENTIFY DATA CENTERS AS A PERMITTED USE. This dataset already records Falls Township, Pennsylvania doing exactly that — declaring its own ordinance invalid to launch a curative amendment and shield itself from developer validity challenges — but Falls was recorded at the moment of declaration, with the outcome unknown. Montgomery Township shows the completed cycle: declare the defect, control the remedy, and emerge months later with an ordinance that channels the use into one district under discretionary review rather than one imposed by a successful developer challenge. That is the strategy working as designed, and it is only available under Pennsylvania's Municipalities Planning Code. The March declaration also confirms what the Clayton, Ohio and Palm Springs, California records suggest: a zoning ordinance silent on data centers is not neutral — it is a vulnerability, and Pennsylvania townships have been treating it as one.

Who is protected: Montgomery Township residents in Montgomery County, Pennsylvania, particularly properties neighbouring the Limited Industrial District

Legal detail

Montgomery Township, Pa. (Montgomery County) — ZONING AMENDMENT adopted UNANIMOUSLY by the Board of Supervisors on a Monday, establishing where data centers may operate and imposing detailed regulations intended to protect neighbouring properties. OPERATIVE STRUCTURE: data centers are permitted as a CONDITIONAL USE within the township's LIMITED INDUSTRIAL DISTRICT \u2014 a single-district confinement plus discretionary review, comparable to Portage IN Technology Campus district data center rules (2026) (Technology Campus district as the only permissible classification) and North Richland Hills TX data center SUP regulations (2026) (conversion from by-right to special use permit). THE PROCEDURAL HISTORY IS THE SIGNIFICANT CONTENT: the township began preparing the regulations AFTER SUPERVISORS DECLARED THE ZONING ORDINANCE SUBSTANTIVELY INVALID IN MARCH 2026, BECAUSE IT DID NOT IDENTIFY DATA CENTERS AS A PERMITTED USE. THIS COMPLETES A CYCLE THIS DATASET PREVIOUSLY RECORDED ONLY AT ITS START. Falls Township PA curative amendment on data centers (2026) records Falls Township (Bucks County) declaring portions of its own ordinance substantively invalid in August 2026 to initiate a curative amendment and foreclose developer-side validity challenges \u2014 but at the moment of declaration, with no outcome. MONTGOMERY TOWNSHIP DECLARED IN MARCH AND ADOPTED THE CURATIVE ORDINANCE MONTHS LATER, demonstrating the full sequence: concede the defect, retain control of the remedy, and produce an ordinance on the municipality's own terms rather than one imposed through a landowner's successful substantive validity challenge under the Pennsylvania Municipalities Planning Code. THE MARCH DECLARATION ALSO CORROBORATES A PATTERN ASSERTED ELSEWHERE IN THIS DATASET: a zoning ordinance SILENT on data centers is an exposure, not a neutral position. Clayton OH 365-day data center moratorium (2026) records staff noting a data center could be admitted as a WAREHOUSE-type use under a code with no definition; Palm Springs Data Center Moratorium (2026) records municipal and zoning codes containing no data center definition at all; Forest Park GA 90-day data center moratorium (2026) records Digital Realty building BY RIGHT for the same reason. Pennsylvania townships have been treating that silence as a legal vulnerability and curing it pre-emptively. SOUTHEASTERN PENNSYLVANIA CLUSTER: Norristown PA data center ordinance (2026), Falls Township PA curative amendment on data centers (2026), Swatara Township PA data center ordinance (2026), Ligonier Township PA data center zoning regulations (2026), and unindexed leads at Morrisville Borough, Whitemarsh Township, West Conshohocken and Upper Merion. THE DETAILED REGULATIONS THEMSELVES are not enumerated in the located source.

Key facts

JurisdictionMontgomery Township, PA
LevelCity / local
StrengthModerate
EnactedSeptember 1, 2026
CitationMontgomery Township, Pa. — zoning amendment regulating data centers as a conditional use in the Limited Industrial District (2026), following a March 2026 declaration of substantive invalidity
Private right of actionNo, agency enforcement only
PenaltiesData centers may operate only as a conditional use in the Limited Industrial District, subject to the ordinance's regulations
Topicsdata-center siting and energy · consumer protection · government use of AI
News reportMontgomery Township adopts extensive regulations for future data centers — North Penn Now

Related data-center siting and energy rules elsewhere

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