Summit, NJ Common Council — Proposed Ordinance Categorically Banning AI Data Center Facilities as a Prohibited Land Use (Code Ch. 35 Amendment)

Summit, New Jersey's Common Council adopted Ordinance 26-3390 on June 16, 2026, categorically banning large AI data center facilities — those with 20 megawatts or more of peak power — as a prohibited land use in every zone of the city. The ban amends Chapter 35 of the city code and is one of the first U.S. examples of a permanent (non-moratorium) categorical zoning prohibition on AI data centers. Some residents and one council member argued the 20 MW threshold is too lax; the council directed staff to prepare a revised version (potentially without the threshold) for introduction July 7, 2026.

Technical detail

Adopted amendment to Summit Code Ch. 35 'Prohibited Uses' (Ordinance 26-3390, adopted June 16, 2026) adding AI data center facilities (≥20 MW peak power) as a citywide categorically prohibited use. Passed by majority vote, lone dissent Council Member Jamel Boyer. Per N.J. practice, a municipal ordinance takes effect ~20 days after adoption/publication (≈July 6, 2026). Council directed staff to incorporate modifications — including possible removal of the 20 MW automatic-classification threshold — into a revised ordinance slated for introduction July 7, 2026. Distinct in design from moratorium-style pauses — this is a permanent zoning prohibition, not a time-limited study pause.

Who is protected: Summit residents and surrounding Union County communities

Who must comply: Data center developers seeking land-use approvals in Summit

Key facts

Related data-center siting and energy rules elsewhere

• Superior WI Data Center Moratorium (1-year) · In effect
• Dane County WI Hyperscale Data Center Moratorium · In effect
• Madison WI Data Center Moratorium (1-year) · In effect
• Manitowoc County WI Data Center Moratorium · In effect
• WA SB 5982 (Data Center / Clean Energy) · In effect
• Dayton OH data center moratorium (180-day, Apr 2026) · In effect