Davie County
Data Center Moratorium

At the July 6 meeting, County Commissioners are expected to propose a moratorium on data center development. Below is a sample moratorium that will be replaced with the commissioner approved moratorium after the July 6 meeting.

Note: At the July 6 meeting, Davie Against Data representatives will request that the commissioners include in their moratorium the creation of a Community Advisory Committee. The Advisory Committee will work with the planning department on data center recommendations and will include community members with no ties to the data center industry, real estate developers, builders, and utilities on the committee.

SAMPLE ONLY

A RESOLUTION ESTABLISHING A TEMPORARY MORATORIUM ON DATA CENTER DEVELOPMENT IN DAVIE COUNTY, NORTH CAROLINA.

Whereas, Davie County has received inquiries from/applications by data center developers proposing facilities within Davie County; and

Whereas the zoning code of Davie County does not define “data center” or set rules for the unique impacts of data center facilities; and

Whereas, data centers present impacts not addressed by existing regulations, including but not limited to: high electricity demand, water consumption for cooling, and noise from mechanical equipment; and

Whereas, these impacts also include backup diesel generator emissions, light pollution, and demands on public infrastructure; and

Whereas, Davie County has not conducted a study of the impacts of data center development on water supply, electric grid, noise levels, property values, or public services; and

Whereas, the County Commissioners Board finds that a temporary moratorium is needed to protect the health, safety, and welfare of residents while Davie County studies these impacts and writes proper rules;

NOW THEREFORE BE IT RESOLVED:

Section 1. Moratorium. A temporary moratorium is hereby placed on the acceptance, review, and approval of applications for new data center facilities within Davie County. For purposes of this resolution, “data center” means a building used mainly for storing, managing, or processing digital data, including its power and cooling systems. A facility meets this definition if it covers more than 10,000 square feet of floor area or needs more than 2 megawatts of power.

Section2. Duration. The moratorium shall stay in effect for 12 months from the date of adoption, or until Davie County adopts new rules for data center projects, whichever comes first.

Section 3. This moratorium does not apply to:

A) data center facilities that have received a valid building permit or conditional use permit before the date of this resolution;

B) existing data center facilities, including routine upkeep and equipment swaps that do not expand the facility’s footprint or power use;

C) Facilities below the size threshold defined in Section 1.

Section 4. Study. The Planning Department shall conduct a study of data center impacts on Davie County, including water supply, electricity demand, noise, air quality, traffic, property values, and fiscal impact. The study shall include recommendations for zoning rules, permit requirements, and performance standards for data center projects. The study shall be completed and presented to the board within 6-9 months. An advisory committee shall work with the planning department on the recommendations and include community members with no ties to the data center industry, real estate developers, builders, and utilities on the committee.

Section 5. Effective date. This resolution takes effect right away upon adoption.