Upper Merion Township, Montgomery County
J. Brian O'Neill's second Montgomery County front: five data center applications totaling more than 4.6 million square feet across King of Prussia, filed just before Upper Merion's stricter data center ordinance took effect and therefore reviewed under the older rules.
Sketch plans went to the township May 9, 2025, and the zoning officer issued a preliminary opinion on August 6, 2025 that the developer later cited to argue data centers count as a specialized warehouse. The five land development applications were filed in early March 2026, with 600 River Road submitted March 12, the same day Upper Merion adopted stricter data center rules, so they are reviewed under the older rules. The first Planning Commission review on May 27, 2026 drew a packed and at times unruly crowd and produced no recommendation, and township officials declined the tenant nondisclosure agreement in late May. On July 22 the Planning Commission voted unanimously to recommend disapproval of three applications. On August 12 the developer sued and won a temporary injunction, which was vacated August 13; that evening the supervisors voted 5-0 to deny the extension requests and all five preliminary plans. After a July 20 letter from the zoning officer asking about on-site energy generation, the MLP entities filed seven Zoning Hearing Board applications appealing that letter or seeking variances by estoppel. On September 10 the supervisors authorized Solicitor John Walko to oppose them, and on September 16 the developer filed land-use appeals in the Montgomery County Court of Common Pleas through attorney Marc Kaplin, alleging bad faith and asking for a court-appointed referee. The state Department of Environmental Protection's permit tracker lists five of the sites as proposed, with no applications received. The developer withdrew the appeal claims on October 7 and the variance claims on October 19, and the October 21 Zoning Hearing Board hearings were cancelled. The court appeals remain pending.
Update, October 26, 2026. On October 23, 2026 the developer's attorney, Marc Kaplin, told the Philadelphia Inquirer that withdrawing the zoning applications doesn't affect the land-use appeals of the August 13 denials, which he said are ongoing in the Montgomery County Court of Common Pleas.
Residents describe the hyperscale campus as 'power plants with hard drives' that would make the community unlivable; the applications predate the township's stricter noise limits and are reviewed under the older rules.
NBC10 PhiladelphiaResidents raised emissions, vibration and heat concerns across five sites totaling more than 4.6 million square feet in a developed suburban area.
Philadelphia InquirerFive-site campus adds substantial load in the same PJM zone as the 900 Conshohocken Road proposal, compounding capacity costs already passed to ratepayers.
Montco.TodayRight to Know records show the same developer told the Governor’s office he was building an 800 megawatt power plant in connection with his Montgomery County data center work and sought state help securing a term sheet with Digital Realty, one of the largest data center companies in the world.
Commonwealth of Pennsylvania (RTK release)Part of the 411 Swedeland Road plan sits on the former Montgomery County landfill, where methane monitoring wells under some proposed improvements have exceeded the lower explosive limit in the owner's quarterly reports, the township planner told supervisors on August 13.
Upper Merion TownshipThe developer asked the Zoning Hearing Board to declare generators, substations and backup power systems shown on its sketch plans to be accessory uses permitted by right, and has said the campus would generate its own electricity on site.
Upper Merion TownshipSecond large O'Neill proposal in Montgomery County (about 4.6M sq ft); neighbor pushback over scale and local impacts.
Philadelphia InquirerO'Neill states the facilities would use closed-loop water systems; residents and commissioners have pressed for verification of consumption and discharge.
Philadelphia Inquirer2100 Renaissance Boulevard is next to the Crater Resources Superfund site, with groundwater monitoring wells tied to the Operable Unit Six plume, and the 2201 to 2901 Renaissance Boulevard campus is on the Superfund site; another plan would replace an operating daycare on Horizon Drive.
Montco.TodayResidents raised fire safety and emergency preparedness for hyperscale facilities at the July 22 review.
NBC10 PhiladelphiaNeighbors argue the scale of the campus, larger than Philadelphia International Airport, would permanently alter surrounding residential areas.
NBC10 PhiladelphiaThe 2201 to 2901 Renaissance Boulevard campus is on the Crater Resources Superfund site, and 2100 Renaissance Boulevard is next to it, with groundwater monitoring wells tied to the site's Operable Unit Six plume, according to the August 13 minutes.
Upper Merion TownshipO'Neill claims property tax increases of 54 percent for the township and 28 percent for the school district, or $7,817 per child annually; permanent staffing for hyperscale data centers is typically small relative to footprint.
Montco.TodayThe developer's August economic impact study claims 15,000 jobs a year during construction, 717 permanent jobs and $55.4 million in local tax revenue. These are the developer's figures and haven't been independently checked.
PhillyVoiceLeaders: Resident organizers including Courtney Smith and Zachary Davis; supported by State Sen. Katie Muth
Tactics: Packed Planning Commission hearings at Upper Merion Area Middle School with overflow crowds, orange "HUGE DATA CENTERS IN UPPER MERION, ABSOLUTELY NOT" signs, a Change.org petition rejecting the campus and all future AI data centers in King of Prussia, coordinated public comment on fire safety, noise, power and zoning
The group estimated 1,000 to 1,200 people at the May hearing, inside and out. At the July 22 review nearly the entire auditorium stood when asked who opposed the project, and the Planning Commission then voted unanimously to recommend disapproval of the three applications before it. Shares a developer and a river with the 900 Conshohocken Road fight in Plymouth Township.
Leaders: Rob Erickson and Patti Erickson
Tactics: Neighborhood organizing in Hughes Park, turnout at Planning Commission and Board of Supervisors meetings, public comment on buffers and vesting, coordination with the wider Upper Merion opposition
The association has focused on the vesting problem: the township adopted far stricter data center rules days after these applications were filed, so the campus is reviewed under the old ordinance. Patti Erickson called that the real kicker for residents.
Tactics: Tracks the zoning and court fight and posts updates for residents
After the October 19 withdrawals it told followers, 'We need to stay informed and stay vigilant,' and said O'Neill is still suing the township. May overlap with Upper Merion Data Centers.
Five separate land development applications totaling more than 4.6 million square feet across Renaissance Boulevard, Horizon Drive, 2100 Renaissance Boulevard and the River/Swedeland Road area. Filed before the township’s stricter data center ordinance took effect, so reviewed under the older rules.
900 Conshohocken Road LLC affiliates / MLP Ventures (J. Brian O'Neill) · Under reviewO'Neill maintains the campus is permitted under current zoning with no variances required; township officials disagreed about whether data centers are allowed in all three zoning districts involved.
Applicant vs. township officials · OpenSuit alleging the township violated the applicant’s right to an extension and treated him unfairly during review. A temporary injunction freezing township action was granted August 12 and vacated August 13, after which the board denied all five applications. The developer has said he will appeal the denial.
J. Brian O'Neill / MLP Ventures v. Upper Merion Township, Board of Supervisors and Planning Commission · Injunction vacated; denial issuedAppeals of the August 13 denials asking the court to reverse them, grant preliminary approval and appoint an independent referee to hold an evidentiary hearing; the filing alleges bad faith and denial over minor technical items.
MLP Ventures affiliates v. Upper Merion Township Board of Supervisors · PendingSeven applications appealing the zoning officer's July 20, 2026 letter or, in the alternative, seeking a variance by estoppel declaring the data centers, including energy generation infrastructure shown on the sketch plans, permitted by right.
Breyemere Holding LLC, Innovation River Road LLC, Innovation 411 Fee Owner LLC, Innovation 2100 LLC and Renaissance Campus owners; Upper Merion Township (opposing) · Withdrawn October 19, 2026 (appeal claims withdrawn October 7, variance by estoppel claims withdrawn October 19); October 21 hearings cancelledIn Pennsylvania, the local zoning ordinance sets the route. A conditional use is decided by the elected governing body (supervisors, commissioners or council). A special exception or variance, and an appeal of a zoning officer’s decision, go to the Zoning Hearing Board. Each is a public hearing on a record: affected neighbors can ask for party status, cross-examine witnesses, and appeal. Municipalities can also adopt data center ordinances with enforceable standards.
Know your rights →Organized community opposition is the single most effective check on these projects in Pennsylvania. Show up to hearings, submit comment when it is taken, support legal and expert-witness costs, and press your municipality for a real ordinance. Pennsylvania municipalities cannot simply freeze applications, but a curative amendment under the Planning Code gives them a defined window to fix a defective ordinance.
How communities push back →