Warren's data-center ban, explained

How the ordinance started

At the April 16, 2026 Township Committee meeting, under “Discussion,” Committeeman Croson raised “the impact of data centers on communities, including to noise and energy impacts.” He said other New Jersey municipalities had passed ordinances limiting or prohibiting them and asked Township Attorney William Willard to research what Warren could do. Willard and Township Planner Katie Sarmad discussed recommendations and said they would draft an ordinance for the Committee to consider.

At the May 14 introduction, Croson said there were “currently no applications or plans for a data center” He called the introduction “an example of the Township Committee’s responsible planning.”

The ordinance’s recitals cite the Master Plan’s emphasis on environmental and historic resources and list concerns about electricity consumption, noise, air quality, water use and community character. They cite preliminary legislative data that large data centers “can use as much as 3 to 5 million gallons (OCR) of water in a single day,” preliminary studies indicating some require 300 MW (OCR), and a stated increase of more than 20% (OCR) in consumer energy costs across most of the state in the last year. The ordinance attributes these figures to state legislative sources; LocalWhy has not reviewed the underlying sources.

What it prohibits

The ordinance changes Chapter 16 in three places. Section 16-5.25(a)(7) adds “All Data Centers and any and all uses related to the same” to the uses “expressly prohibited from all zones.” Section 16-17.2 removes data centers from the permitted uses in the GI General Industrial District. The entry for this district now reads “Data Centers. Reserved.”

The definition in §16-4.2 covers “Any facility used primarily for the storage, management, and processing of digital or electronic data, which houses computer and network systems.” It lists servers, network equipment, telecommunications and storage systems, infrastructure monitoring, internet-related equipment and services, data connections, environmental controls, fire protection and security systems. A data center “is not a warehouse.” Ancillary functions may include cooling, fire suppression, generators, redundant power and security; transformers, substations and utility infrastructure “shall be considered separate uses.”

The threshold sentence in the ordinance’s OCR text reads: “Any use with a power density of 2 to 4W (OCR) or more per acre shall be considered a data center.” The text does not use “MW.” LocalWhy has not determined if this is a drafting or transcription error.

The prohibition applies to every zone. Therefore, the supplementary standards only apply if an applicant seeks relief. McCarey asked at both readings why standards were written for a prohibited use. Willard said they “set some guidelines if a variance application comes before the Board of Adjustment,” Croson said the planner and attorney recommended them “in case a use variance was ever granted.” Section 16-23.14(a) repeats that data centers are prohibited in every zone.

Standards if an application arises

The standards in §16-23.14 apply “to any application for data center uses.” Because data centers are prohibited in every zone, such an application could reach the Board of Adjustment only as a use-variance request.

• Separate uses. Substations and generation or transmission switching “shall be considered a separate principal use and shall not be permitted on the same tract.”
• Energy. The facility “shall only be powered by renewable or clean energy,” and the operator must pay power-infrastructure costs. Operations must not cause electrical interference or line-voltage fluctuations.
• Heat. A heat waste recovery system is required.
• Distance. No data center within 200 feet (OCR) of a sensitive receptor. The ordinance lists schools, preschools, day care and in-home daycares, health facilities, community centers, places of worship, playgrounds, parks, trails, campgrounds, and residences not on a parcel in an existing industrial or commercial zone.
• Setback and noise. Buildings must be at least 300 feet (OCR) from any property line. Noise-reduction barriers are required regardless of measured noise levels, and pre- and post-construction sound studies must be by an INCE Board Certified Engineer, subject to review by a Township-selected engineer.
• Impact analysis. A professional report must cover emergency services and fire, water, sewage, solid waste, schools and school budgets, municipal revenues and expenses, stormwater and other likely effects.
• Decommissioning. A bond or similar assurance must cover full cleanup, infrastructure removal and environmental remediation.

Two structural questions follow from the text. The 200-foot separation and 300-foot setback apply to a use that the same section prohibits. “sensitive receptor” and “separate use” may have definitions elsewhere in Chapter 16. The full chapter was not in the records LocalWhy reviewed.

Votes and public comments

The Committee discussed data centers on April 16, 2026 without a vote. On May 14 it introduced Ordinance 26-19 on first reading. The roll call was McCarey – no; Blick – yes; Croson – yes; Deputy Mayor Kian – yes; Mayor Fine – yes (4–1, OCR).

At the May 14 meeting, a public commenter “thanked the Township Committee for introducing the ordinance regarding data centers.”

The public hearing was on June 18, 2026. Two speakers from outside Warren addressed it. One speaker, identified in the minutes as from Springfield, described opposition to a data center in Kenilworth. A speaker identified as from Union “also commended the Township Committee for their position on data centers and discussed environmental and other concerns.”

McCarey said he agreed with prohibiting data centers but had concerns about the wording of the criteria. He encouraged revision. Croson said the planner and attorney suggested supplementary standards “in case a use variance was ever granted.” The hearing closed. Croson made the motion, seconded by Deputy Mayor Kian. The roll call vote was McCarey – yes; Blick – yes; Croson – yes; Kian – yes; Fine – yes (5–0, OCR).

After adoption, a resident from Sage Drive said he “is pleased with the adoption of Ordinance 26-19 regarding data centers.” The minutes reviewed record no Warren resident speaking against the ordinance.

Text and access questions

Several parts of the record are open.

• The power-density wording. The ordinance’s OCR text reads “2 to 4W (OCR) or more per acre.” LocalWhy has not resolved whether a unit was dropped or the threshold is intended as printed.
• Publication. Section 14 says the ordinance takes effect upon its adoption, passage and publication. LocalWhy has not reviewed proof of publication.
• Planning Board review. The June 10, 2026 Planning Board agenda listed Ordinance 26-19 under “Ordinance to Review for Master Plan Consistency” and a separate resolution on consistency. The minutes link returned errors when the runner requested it, so the Board’s action needs a browser. LocalWhy has not reviewed it.
• Chapter 16 definitions. Whether “separate use,” “sensitive receptor” or “power density” are defined elsewhere in the code was not reviewed.
• Later items. No data-center item appears in the Committee minutes and agendas reviewed for July through October 2026.
• Studies behind the recitals. The water-use, 300 MW and energy-cost figures are attributed in the ordinance to state legislative sources. LocalWhy has not verified them.