Detour Township
Anti-Data Center Policies
Detour Township requires approval for new data centers, 2,500-foot setbacks from habitable buildings, noise limits, and impact studies, adding costs and delays. The enacted ordinance restricts siting but does not ban it.
current law · DeTour TownshipRequires data centers in DeTour Township to obtain a permit and meet strict rules for siting, water and power use, noise, safety, and community and environmental impacts.Detour Township Data Center Siting Ordinance
What this means
The ordinance would make new data centers much harder to site and operate: it requires township approval and setbacks of 2,500 feet from habitable buildings. Applicants must also meet strict noise limits and provide studies of water, traffic, environmental, and community impacts, creating substantial costs and delays. It is not a ban, but the combined requirements are severe.
People behind it
- Thomas Lehman
Township Board member who moved adoption of the ordinance; the ordinance was signed by the Township Supervisor identified as Tommy Lehman.
- Bob Vaught
Township Board member who supported the motion to adopt the ordinance.
- DeTour Township Township Board
Adopted the ordinance, issues and reviews data center permits, and is responsible for enforcing the measure.
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- DeTour Township
Municipality that enacted the data center ordinance and administers its requirements.
Restrictions & requirementsHide restrictions & requirements27
A Data Center Permit (DCP) is required before anyone may install, construct, maintain, or operate a data center in DeTour Township.
The Township Board may grant, condition, or deny a DCP after review, and may require application changes or impose construction and operating conditions.
Construction must begin within two years after a DCP is issued, although the Township Board may grant one extension of up to two additional years for good cause.
A DCP application must include a detailed, professionally prepared site plan and extensive information about property boundaries, structures, utilities, access, security, drainage, lighting, decommissioning, noise, and the applicant.
Data centers are limited to 60% lot coverage, or 75% when served by municipal public water.
Connection to municipal public water is required unless the Township Board grants a waiver after determining that the project will not unreasonably burden available potable water.
Applicants must provide a water feasibility study addressing projected demand, water sources, recycling and discharge, safe yield, nearby wells and surface waters, and potential effects on groundwater and water quality.
Cooling water must use a closed-loop or recycled-water system, and cooling-water flushing and refills are limited to amounts approved in the DCP.
Applicants must demonstrate that adequate domestic, cooling, and industrial wastewater-disposal methods have been provided and approved by the Township.
Before DCP approval, the applicant must demonstrate adequate electrical capacity, properly sized utility infrastructure, no harmful electrical interference or voltage fluctuations, and later provide written verification of a third-party final electrical inspection.
Data-center buildings are limited to 35 feet in height unless the Township Board approves a different height.
Principal buildings, accessory structures, substations, mechanical equipment, battery storage, and associated equipment must generally be set back at least 1,000 feet from property lines, 2,500 feet from habitable structures, and 500 feet from public road rights-of-way; parking must be 1,000 feet from property lines and 500 feet from public road rights-of-way.
Generators may undergo routine maintenance only Monday through Friday from 10:00 a.m. to 4:00 p.m.; must be enclosed to limit sound to 70 dBa measured 23 feet away; and must meet or exceed EPA Tier 4 emissions standards.
Battery energy storage systems must comply with NFPA 855 and applicable UL standards, be approved through the DCP, and include detailed safety plans, hazard detection, explosion detection, and required fire-safety measures.
Data centers must meet noise limits of 55 dBa during daytime and 35 dBa at nighttime at the property line; the Township Board may allow up to 65 dBa daytime and 45 dBa nighttime only after finding that the increase will not exceed ambient noise at any dwelling within one-quarter mile.
Applicants must submit baseline, predictive, and post-construction noise studies prepared or supervised by qualified third-party acoustical professionals, and operators must repeat noise studies every five years.
A data center may not begin operating until the post-construction noise study is submitted and demonstrates compliance; noncompliance requires noise attenuation and correction before operations may begin.
Data centers must provide approved landscaping and screening, including two staggered rows of approved evergreen trees at least 15 feet on center next to public roads, residential areas, and rural areas; barbed-wire fencing is prohibited.
Exterior lighting requires Township Board approval, must be shielded and aimed to control glare, must meet limits of 0.1 footcandle at residential uses and 0.5 footcandle at nonresidential uses, and generally must be reduced or extinguished after business hours.
Applicants must submit community-impact, environmental, financial-impact, traffic, and emergency-response studies or plans addressing public services, wildlife, water, waste, roads, emergency access, fire protection, and related effects.
Applicants must establish a Township-approved complaint-resolution process and maintain a business-hours telephone contact for adjacent residents and property owners.
A data center unused for 12 successive months is deemed abandoned and must be dismantled and removed, with the land restored to its original condition within 60 days unless good cause for nonoperation is demonstrated.
Applicants must fund a Township escrow account for reasonable permit-review costs, including attorney, engineering, and consultant expenses; the Township may require additional deposits, and review may stop if replenishment is not made within 60 days.
Before construction, an approved applicant must provide an irrevocable, non-cancelable surety or other financial security sufficient for complete decommissioning and land restoration, maintained for at least 25 years or until removal is complete, whichever is later.
Permits are subject to annual reporting and Township review; identified noncompliance generally receives 180 days for correction, after which the Township may order action to achieve compliance following notice and an opportunity for a hearing.
Each continuing violation may result in a municipal civil infraction and a fine of up to $500 per day, plus costs and other remedies such as injunctive relief.
The Township Board may grant waivers only upon a clear and convincing showing of practical difficulties or unnecessary hardship, and only if the waiver satisfies specified public-interest, safety, nuisance, environmental, and neighboring-property conditions.
Benefits & exceptionsHide benefits & exceptions8
Establishes a Data Center Permit (DCP) that authorizes a person to operate, maintain, construct, erect, or modify a data center, and requires the Township Board to issue the permit when all ordinance conditions and specifications are satisfied.
Allows construction to begin within two years after DCP issuance, with a possible extension of up to two additional years upon a showing of good cause.
Permits the Township Board to waive or modify ordinance requirements when the applicant clearly and convincingly shows practical difficulties or unnecessary hardship, subject to limits protecting the public interest, property values, safety, utilities, and neighboring properties.
Allows lot coverage of up to 75% when the property is served by municipal public water, compared with a 60% maximum otherwise.
Allows the Township Board to waive the municipal-water connection requirement if it finds that the proposed design will not impose an unreasonable burden on available potable water.
Provides that, after construction, a permit vests for the life of the data-center project unless the project is abandoned or decommissioned, subject to continuing compliance with the ordinance and permit conditions.
Requires the Township to give a permittee 180 days to correct identified noncompliance before taking further enforcement action, along with written notice and an opportunity for a hearing.
Allows unused funds in the permit-review escrow account to be returned to the applicant within two years after construction is completed and commercial operation begins.
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