An ordinance regulating where data centers and warehouses can locate in part of the area was approved Tuesday following a 90-minute hearing held at Tamaqua Borough Hall.

The ordinance, which also adds regulations for data centers and warehouses, was prepared by the Eastern Schuylkill Regional Planning board, which handles zoning for the borough of Tamaqua and townships of Rush, Schuylkill and Walker.

Each of the municipalities held meetings after the hearing, with all approving the data center ordinance.

Another ordinance, one that would have rezoned existing enhanced agricultural preservation land to agricultural preservation land in Walker Township, however, failed to pass on a vote from Walker supervisors.

Under the data center ordinance, only two spots were rezoned as industrial to allow for their use, including land east of Sister’s Cantina in Tamaqua and a spot along Route 209 in Schuylkill Township.

“There would not be one in Walker Township and there would not be one in Rush Township,” ESRP co-solicitor Chris Reidlinger said at the start of the hearing.

Reidlinger also noted that no applications or plans had been submitted by any data center developers as of Tuesday.

He explained to the 50-plus attendees that the ESRP had to revise its zoning because its ordinance didn’t provide for data centers, warehouses and short-term rentals.

“Pennsylvania law requires what is referred to as ‘fair share zoning,’” he said. “This means that every entity that regulates its own zoning has to allow for every lawful use somewhere within its borders.”

Without a place to locate, a developer could note that the zoning is “exclusionary,” and seek court approval to “construct its use wherever it wants to,” Reidlinger said.

“Unless the ESRP group adopts a location where they can go, and puts regulations on them, they are susceptible of going anywhere with no regulations — and we don’t want that to happen,” Reidlinger said.

The land in Schuylkill Township lies along the south side of Route 209 near Catawissa Road. In Tamaqua, it is along Route 209 heading east toward Coaldale.

Residents expressed concerns about water usage, water runoff, energy consumption and noise. The ordinance requires data centers to have a recirculating water system, comply with water runoff regulations and keep noise under a certain level.

Copies of the ordinance are at each of the municipalities.

Reidlinger noted that any data center or warehouse also needs conditional approval from the municipality.

About 20 residents spoke during the hearing, after which the four municipalities’ voting bodies voted.

Rush supervisors approved both ordinances unanimously. Walker supervisors met next to pass the data center ordinance. When the ordinance related to agricultural zoning came to vote, it died for lack of a second.

Reidlinger explained each ordinance needs approval from all four ESRP municipalities to be enacted.

As a result, Tamaqua Borough Council and Schuylkill Township supervisors only voted on — and unanimously passed — the data center ordinance.