06/16/2026
AI Data Center FAQs
Provided below is additional information on the proposed ordinance to prohibit AI data centers in Summit.
Common Council will hold a hearing and vote on this ordinance at tonight's council meeting at 7:30pm in Council Chamber at City Hall (512 Springfield Avenue). Residents are encouraged to attend to ask questions and share comments on the proposed ordinance.
The proposed ordinance is available on the city website, in the June 16 Common Council Meeting Agenda Packet (starting on page 76): https://www.cityofsummit.org/AgendaCenter/ViewFile/Item/838?fileID=124277.
Q: Are there any AI data centers coming to Summit?
A: As of this moment, there are no development applications for a proposed AI Data Center. It has been communicated by the public to the city that there is no interest in allowing the development of these types of land uses. Because AI Data Centers are not explicitly permitted in Summit, they are prohibited. The ordinance put forward by Common Council, and the definitions included, serve to inform how a Zoning Official or Zoning Board should analyze this type of land use in order to protect the Summit community.
Q: The proposed ordinance says that only AI data centers with a peak power output of 20 megawatts or greater will be prohibited. Doesn't this mean that data centers with peak power outputs of less than 20 megawatts will automatically be permitted?
A: No. The ordinance states that if a data center produces 20 megawatts or more, it should automatically be considered an AI Data Center and, therefore, is banned in all zones. Even if a project has a low power load, officials still look at all features in the definition, like water use, special power systems, high performance servers, cooling systems, or AI/cloud data handling, and the purpose of the technology being used. If any of those apply, it counts as an AI Data Center and is prohibited.
Q: Can a company put up multiple smaller AI Data Centers to effectively create a larger center?
A: No, if the intent is to have a structure that has the principal use of an AI Data Center, the size does not matter as the facilities, or connected facilities, for this would be prohibited for that use.
Q: Why doesn't council pass a complete ban on data centers in Summit?
A: The ordinance bans all AI Data Centers; the type of large, high impact facilities that strain electric, water, and sewer systems. However, Summit already has buildings with small-scale server rooms or computer equipment. To avoid harming existing lawful uses, the city needed a second definition: “Computer Center.” This definition protects normal office type computer rooms while preventing developers from using the permitted “Computer Center” as a loophole to build large data centers. In short: the ordinance bans data centers, while still allowing existing, low impact computer rooms that might use AI to operate.
Q: What if an application for an AI Data Center doesn’t meet one of the statements in the definition. Does that mean they are exempt from the ban?
A: No. The definition helps to inform a Zoning Official or Zoning Board of some of the characteristics and intention of the ban. Even if the exact content of an application does not match the definition, the city staff or board would still look at all the characteristics to determine if the property falls within the ban.
Q: What is the difference between our proposed ordinance and the ordinances other towns have passed?
A: The proposed ordinance is the same in function compared to other ordinances passed in Pemberton, Waterford, Milleville, Andover, and many other cities, towns, and boroughs. Summit’s model follows the same outline, sets the same categories, and talks about the same impacts. The city’s ordinance, on the other hand, is more imposing on the technology itself. By including the technology as it currently exists, and any other potential forms for the future, it provides local officials more discretion in their interpretation to justify the banning of a large-scale data center.
Q: Does this ban mean that a business cannot have a server room?
A: A business would still be allowed to have a server room that serves a larger purpose for on-site work if a Computer Center is permitted in that zone. This is why the definition of “Computer Center” has been included, because the computer center definition can control for the character, scope, size, and the manner in which technology is used to serve the main purpose of that business.
Q: Could a developer use the Computer Center definition as an excuse to put in an AI Data Center?
A: When it comes to Land Use enforcement, anyone can try to do anything, but that doesn’t guarantee they will be successful. In practice, Zoning officials and board members can test and question the scope of both definitions and make a determination to see which one applies based on the totality of the circumstances. This exercise adds a level of protection for the city and both boards in exercising discretion.
