Large-scale data centers must obtain the Data Center Overlay, an exclusive-use overlay, rather than developing under ordinary zoning. The overlay may be permitted only in the A1 Agricultural, M2 General Manufacturing, or M3 Heavy Manufacturing districts.

Data-center buildings in a phased or multi-building campus must be evaluated together when determining whether the project exceeds the applicable electrical-capacity or water-use threshold.

An overlay application requires detailed site documentation, including property and neighboring uses, buildings, topography, floodplain, waterways, soils, vegetation, berms, and existing transmission lines.

An overlay application requires a preliminary development plan addressing the applicant and operator's qualifications and environmental history, structures, roads, parking, electrical connections and equipment, transmission lines, and stormwater controls.

An environmental impact statement is required, including reviews of vegetation, threatened species, habitat, natural grasslands and woodlands, clearing and grading, ground-cover plans, noxious weeds, buffer uses, fauna, migratory species, and critical habitat.

A stormwater management plan, drainage study complying with Article 4.4, and a KDHE National Pollutant Discharge Elimination System permit are required. The applicant must obtain necessary stormwater permits before site clearing or construction.

Site clearing must be limited to what is necessary for access, safe operation, and maintenance; tree removal must be minimized; and groves or shelter belts cannot be removed without written approval from affected adjacent landowners.

During construction, erosion controls and protective fencing around mature trees and other environmentally sensitive areas must be installed and maintained until specified vegetation is established or construction is complete.

An emergency services plan and a fire mitigation response plan are required, with review by specified emergency and fire officials and approval by the Board of County Commissioners.

Outdoor lighting must use downcast fixtures, and lighting must be screened from neighboring properties as much as feasible.

Backup-generator testing is limited to 9:00 a.m. through 5:00 p.m., Monday through Friday, and is prohibited on federal holidays. The restriction does not apply to emergency generator use during grid failures or blackouts.

Average hourly noise at the property line may not exceed 65 decibels, except during short-term events such as severe windstorms. Exterior mechanical equipment must also be screened to reduce noise.

Security fencing may not exceed 12 feet in height, excluding barbed wire on top.

All data-center complex elements other than fencing must be at least 150 feet from road rights-of-way and 200 feet from project-extent boundaries, unless an adjacent property owner agrees in writing to a lesser setback.

Applicants must submit a plan or narrative showing how local water depletion will be mitigated through measures such as recycling, stormwater capture and reuse, closed-loop cooling, or other conservation strategies.

Before construction begins, the applicant must create a road maintenance plan covering construction routes, existing road conditions, needed improvements, maintenance during construction, restoration afterward, and other transportation impacts. The County Engineer must approve the plan.

Before construction begins, the applicant and operator must enter into a developer's agreement with the county addressing additional impacts on county emergency services.

Before construction begins, the applicant must submit and obtain approval of a final plat meeting the UDR requirements, including identification of the buffer area's proposed use.

Before any building permit is issued, the applicant must provide written verification from the proposed power provider that planned electrical consumption has been calculated and that utility supply and related infrastructure are sufficient.

The overlay district is subject to annual county inspections for compliance with district requirements and approved site plans. Uncorrected noncompliance is referred to the Planning Commission for review.

The overlay expires if construction has not begun within five years after approval, requiring a new overlay application for the project.

The overlay is revoked if the data center stops operating for more than 12 consecutive months, requiring a new overlay application to restart operations.

Failure to correct noncompliance within a reasonable period can lead to Planning Commission review and revocation of the overlay; if revoked, all data-center uses must be suspended until a new overlay is approved.

Creates an exclusive Data Center Overlay District specifically for large-scale data centers and their accessory facilities, allowing projects to be approved without rezoning property to a potentially incompatible designation such as heavy manufacturing. exclusive use overlay

Allows the overlay to be established in A1 Agricultural, M2 General Manufacturing, or M3 Heavy Manufacturing zoning districts, expanding the locations where a large-scale data center may be developed. any of the following zoning districts

Defines a data center to include numerous accessory uses and structures, including staff offices, water-storage tanks, cooling towers, fuel-storage tanks, security facilities, chillers, transformers, and generators, allowing these functions to be included as part of the data-center use. accessory uses that include offices

Permits emergency use of backup generators at any time, because the weekday daytime testing restriction does not limit generator use during grid failures or blackouts. not be construed to be a limit

Allows adjacent property owners to waive the 200-foot Project Extent setback in writing, enabling a facility to locate closer to a boundary when the affected neighbor agrees. unless a lesser setback is agreed to

Allows adjacent property owners to waive the normal 65-decibel average hourly property-line noise limit and agree in writing to a higher level. voluntarily agree

Allows security fences up to 12 feet high, in addition to barbed wire on top, supporting more extensive site security. maximum fence height allowed shall be 12 feet

Provides up to five years after overlay approval for construction to begin before the overlay expires, giving an approved project time to proceed without immediately seeking a new overlay. within 5 years