-David Crowder, WRGA News-
The Floyd County Commission has approved new regulations for data center projects.
Data centers will be allowed only in the Heavy Industrial zoning district, and there are several safeguards and standards that must be met before any permits are considered.
These requirements are intended to address many of the concerns residents commonly raise about large data center projects: noise, utility and water usage, environmental impacts, and future land use.
“There is a potential of a fine of $1,000 a day for violations, which is the most allowed by state law,” said Rome-Floyd County Planning Director Brice Wood. “Repeated or continued non-compliance may result in suspension or revocation of a business license or certificate of occupancy. We also have the right to not approve any additional permits or certificates of occupancy if they have unresolved violations. These things are typically built in phases with about one building per year. There are also requirements here that they have to have a decommissioning plan and provide assurances that we will not be responsible when and if the technology does become obsolete, so we are not stuck with a massive building.”
Prior to the vote, a public hearing was held.
Most of those who spoke support the regulations, although some felt like they did not go far enough.
“I know some people here would probably like to ban data centers,” Wood added. ”I would not recommend that. It has not worked well in the states that it has been tried. You’ve seen multiple states where a bunch of cities got together to ban them, and the state took that authority away.”
Some highlights of the ordinance amendment
Noise limits apply at property lines
The proposed ordinance requires every data center applicant to complete an acoustic or noise study. Sound-reducing walls would be required around outdoor generator areas, and additional noise-control measures could be required for the main buildings.
When a facility is next to residential zoned property, noise measured at the property line could not exceed 65 dB(A) between 7:00 a.m. and 11:00 p.m. and 55 dB(A) between 11:00 p.m. and 7:00 a.m. The limit next to other zoning districts will be 70 dB(A).
For reference, federal hearing-health resources generally place a whisper near 30 dBA and normal conversation between 60 and 70 dBA. These comparisons are approximate because perceived noise depends on distance, duration, surroundings, and the type of sound being produced.
These standards would apply to cooling equipment, facility operations, and backup generators.
The ordinance would also require primary data center buildings to use sound-reducing construction materials. Metal-panel construction would be permitted only when an acoustic analysis shows that the building can meet the County’s property-line noise limits.
Data center buildings will be required to remain at least 600 feet from an existing home. A 300-foot setback and buffer would be required next to residential- or agricultural-zoned property, with additional setback requirements for nearby commercial and industrial properties. Generators and related equipment would also be subject to residential setbacks and evergreen screening.
Utility capacity documentation required
Before receiving permits, a developer would have to submit a power, water, and broadband internet impact study showing the project’s expected demand at full development, its proposed construction phases, and any off-site improvements needed to serve it.
No permits could be issued until affected utility providers confirmed in writing that adequate electricity, water, sewer, and natural-gas capacity would be available when the project was completed.
The developer will be required to enter into binding agreements with utility providers to fund and complete necessary utility extensions or improvements. Those agreements will require monitoring, reporting and enforcement provisions.
Facilities expected to use more than 10 megawatts of electricity will be required to submit an energy and sustainability plan to explain how the company will improve efficiency, reduce carbon intensity, and limit environmental effects.
Water use restrictions
The proposed ordinance would prioritize closed-loop cooling systems, which reuse water rather than continuously drawing a new supply.
A data center proposing water-cooled equipment would have to install a water reclamation and reuse system. The developer would also have to demonstrate that its chosen cooling system is the least water-intensive technology feasible for the site.
Facilities will be required to follow water-use limits and efficiency requirements established by the applicable utility provider. The proposal would prohibit private wells, direct connections to surface-water sources or aquifers, and private septic systems. Public sewer service would be required.
Environmental and neighborhood protections
The ordinance requires that the projects utilize dark-sky-compatible outdoor lighting and limit light spilling across property lines. Public-facing security fencing cannot consist of chain link, barbed wire, razor wire, or solid metal panels. Landscaping or decorative materials would be required to reduce the visual impact from public roads.
Backup generators would generally be limited to emergency use, with required testing and commissioning. The proposal also contains generator performance and emission control standards.
Each facility would have to prepare an emergency response plan in coordination with local fire and emergency services before receiving a Certificate of Occupancy. Appropriate fire-suppression systems would be required, and operators could be required to participate in emergency drills with local agencies.
Developers responsible for site cleanup
Before any permits are issued for a proposed data center project, its developer will have to submit a plan for eventually closing the facility, removing equipment and structures, safely disposing of hazardous materials, testing soil and groundwater, cleaning up contamination, and restoring the property.
The developer will also have to provide a bond, escrow account, letter of credit, or another approved financial guarantee to cover the full cost of decommissioning and restoring the site.
The County will be able to use that money to complete the work if the developer fails to meet its responsibilities. The financial guarantee would not be released until inspectors verified that the site had been properly cleaned and restored.
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