A 12-month moratorium was approved on development approvals for critical digital infrastructure facilities, meaning the Town would not approve new permits for covered facilities during the moratorium period. (12-month moratorium)

Critical digital infrastructure facilities may be established only through conditional zoning, rather than ordinary zoning approval. The process requires a master plan, supporting text, Planning Board review, and Town Council approval with mutually agreed conditions. (established through the application and approval process of Conditional Zoning)

The facility must be at least 50 feet from all property lines, 500 feet from residential dwelling units, and 1,000 feet from schools, hospitals, and assisted-living facilities.

A continuous evergreen vegetative buffer at least 20 feet wide must be maintained along all property lines, recorded as a required landscape buffer, and kept in good condition.

Cargo containers, railroad cars, semi-truck trailers, and similar outdoor storage containers or open-air structures may not be used for any component of the facility's operation.

Noise from all facility operations and equipment may not exceed 55 dBC and 40 dBA at any property line at any time.

Applications must include a professional-engineer sound study covering normal operation, generator testing, emergency operation, equipment specifications, and each construction phase. Actual sound levels must be measured within 90 days after occupancy and every two years thereafter, with corrective action required within 90 days if limits are exceeded.

The facility may not produce ground-transmitted vibration that is discernible without instruments beyond the property line, and particle velocity may not exceed 2 inches per second or other Town-approved industry standards.

Applications must include a vibration impact study, and actual vibration levels must be measured within 90 days after occupancy and every two years thereafter. Corrective action is required within 90 days if limits are exceeded.

On-site generators must meet Tier 4 or equivalent emissions standards and may not be the primary or sole source of normal operating power.

Generator testing is limited to Monday through Friday from 8:00 a.m. to 5:00 p.m.; generally, only one generator per building, or the minimum necessary number, may be tested at a time for no more than 60 minutes. Permanent generators must be enclosed or placed in sound-proofed or acoustically treated enclosures.

Applicants must submit a water-use and conservation plan identifying normal and peak demand, water-saving measures, and impacts on public water systems and watershed requirements.

Before a zoning permit, applicants using public electricity, potable water, or sanitary sewer must obtain written provider verification that sufficient capacity and infrastructure exist, or will be upgraded, without materially harming existing service.

The applicant is responsible for electrical-system improvements or infrastructure upgrades needed to serve the facility.

The entire facility boundary must be fenced with a minimum six-foot fence. Chain-link and barbed-wire fencing are prohibited along public or private street frontages; decorative metal, masonry, or Town-approved materials are required there.

Facility lighting must be fully shielded and directed downward so it does not create glare or illuminate adjacent properties or public rights-of-way.

Electronic waste must be handled by a North Carolina Department of Environmental Quality-licensed electronic-waste recycling firm.

No structures, equipment, storage, or buildings associated with the facility may be located in a Special Flood Hazard Area.

Any expansion that increases building floor area, electrical demand, mechanical-equipment capacity, or operational intensity requires prior review and approval under the critical digital infrastructure standards.

If the facility ceases operation for 12 continuous months, the use is considered discontinued, and the owner must remove equipment, generators, fuel-storage systems, machinery, and related operational infrastructure within a Town-approved timeframe. Reestablishment requires new approval.

A conditional-zoning application must include a decommissioning and site-restoration plan, and a financial assurance must be provided before a zoning permit. The assurance must equal 1.25 times estimated decommissioning cost minus 50% of salvageable value, or $75,000, whichever is greater, and must be reevaluated every four years or after an expansion.

Critical Digital Infrastructure Facilities, including data centers and cryptocurrency-mining facilities, are recognized as an eligible use and may be approved through conditional zoning rather than being categorically prohibited.

A conditional-zoning application may be initiated voluntarily by the property owner or authorized agent and may establish a project-specific master plan, permitted uses, development standards, and mutually agreed conditions governing the facility.

After conditional-zoning approval, the approved master plan and conditions become the zoning regulations for the property, providing a defined framework for development and operation.

Minor changes to an approved conditional-zoning project may be approved administratively, including up to a 10% or 1,000-square-foot increase in nonresidential intensity, whichever is less, up to a 10% increase in residential density, or limited changes to street alignment and lot configuration.

The ordinance provides an express process for facility expansion: any increase in building floor area, electrical demand, mechanical-equipment capacity, or operational intensity may proceed after review and approval under the critical-infrastructure standards.

A facility may continue operating during temporary interruptions because it is not considered discontinued until it has ceased operation continuously for 12 months; reestablishment after that period requires new approval.

Emergency generators are allowed for emergency power, testing, maintenance, and other limited operational scenarios, and generator testing is expressly authorized during specified weekday hours.

The ordinance creates a utility-capacity review process under which an applicant can obtain written verification from electric, water, and sewer providers that adequate capacity exists or can be made available through upgrades, subject to the applicant's responsibility for required electrical-system improvements.

The Town Council approved a temporary moratorium on development approvals for critical digital infrastructure facilities. The minutes state that, if adopted, the Town would approve no new permits for the next year. no new permits for the next year

A data center, cryptocurrency-mining facility, or similar critical digital infrastructure facility may be established only through conditional zoning, requiring approval under the conditional-zoning process and an approved major site plan. established through the application and approval process of Conditional Zoning

Outdoor cargo containers, railroad cars, semi-truck trailers, and similar open-air storage structures cannot be used for any component of the facility's operation. prohibited

Structures must be at least 50 feet from all property lines, 500 feet from residential dwelling units, and 1,000 feet from schools, hospitals, and assisted-living facilities. setback requirements

A continuous evergreen vegetative buffer at least 20 feet wide, designed to grow at least six feet high, must be maintained along all property lines and recorded as a required landscape buffer. continuous 20-foot wide

Facility noise may not exceed 55 dBC and 40 dBA at any property line at any time. Applications must include an acoustical sound study, and actual sound levels must be tested within 90 days after occupancy and every two years thereafter. Exceedances require corrective action within no more than 90 days and can result in suspension or revocation of the zoning certificate. maximum combined sound pressure levels

Facilities may not produce discernible ground-transmitted vibration beyond the property line or vibration exceeding two inches per second particle velocity. A vibration-impact study and testing within 90 days after occupancy and biennially thereafter are required, with corrective action required for exceedances. No vibration may be produced

Generators must meet Tier 4 or equivalent emissions standards, cannot be the primary or sole source of normal operating power, and generator testing is generally limited to Monday through Friday from 8:00 a.m. to 5:00 p.m., with only one generator per building tested at a time for no more than 60 minutes. Permanent generators must be enclosed or placed in sound-proofed or acoustically treated enclosures. Generators must meet or exceed Tier 4

Applicants must submit a water-use and conservation plan addressing normal and peak demand, potable-water reduction measures, and impacts on the public water system and watershed requirements. water use and conservation plan

Before a zoning permit, applicants using public utilities must obtain written verification of adequate electrical, potable-water, and sanitary-sewer capacity and infrastructure. Required electrical upgrades are the applicant's responsibility. Any system improvements or infrastructure upgrades

The entire property must be fenced with a minimum six-foot fence. Chain-link and barbed-wire fencing are prohibited along public or private street frontages, requiring decorative metal, masonry, or other Town-approved materials. minimum six-foot height

Lighting must be fully shielded and directed downward so it does not create glare or illumination on adjacent properties or public rights-of-way. fully shielded and directed downward

Electronic waste must be handled by a North Carolina Department of Environmental Quality-licensed electronic-waste recycling firm. licensed electronic waste recycling firm

No structures, equipment, storage, or buildings may be located within a Special Flood Hazard Area. No structures, equipment, storage, or buildings

Any expansion that increases building floor area, electrical demand, mechanical-equipment capacity, or operational intensity requires prior Town review and approval. Any expansion

If operations cease continuously for 12 months, the use is considered discontinued and the owner must remove equipment, machinery, generators, fuel-storage systems, and related infrastructure within a Town-approved timeframe; reestablishment requires new approval. ceases operation for a continuous period of twelve (12) months

A decommissioning and site-restoration plan is required, along with financial assurance before issuance of a zoning permit. The assurance must equal 1.25 times estimated decommissioning costs minus 50% of salvageable value, or $75,000, whichever is greater. financial assurance

Critical Digital Infrastructure Facilities—including data centers and cryptocurrency-mining facilities—are allowed in the General Manufacturing District through the conditional-zoning process, rather than being categorically prohibited. The use requires an approved conditional zoning and site plan. Critical Digital Infrastructure Facility (see Section 10.10) PC

Once conditional zoning is approved, the approved conditional zoning, master plan, and site plan govern the facility's development and use, providing an established approval framework for construction. An approved conditional zoning and the approved site plan shall govern all uses and development activities

Expansion of a Critical Digital Infrastructure Facility is expressly authorized as a development pathway. Expansion may increase building floor area, electrical demand, mechanical-equipment capacity, or operational intensity, but it requires prior Town review and approval under the facility standards.

Projects that had already been built or had established vested rights before the zoning ordinance took effect are treated as existing development. This includes projects with substantial expenditures made in good-faith reliance on approval, a valid building permit, or an approved site-specific or phased development plan.

Existing development is exempt from the watershed-protection requirements. Expansions of existing structures must comply with the watershed rules, but the existing built-upon area does not have to be included in density calculations.

A lawful nonconforming facility or use may continue even if later zoning rules would prohibit it. The protection is limited: the use generally may not be enlarged, and it can lose nonconforming status after 180 consecutive days of discontinued operation.

Approved site-specific or planned-unit-development plans receive a vested period exceeding two years but not more than five years, and approved multi-phase developments of at least 25 acres receive seven years of vesting. This can protect an approved data-center project from later zoning changes during those periods.