Before submitting an application, the developer must hold a publicly advertised meeting, record public comments with a certified court stenographer, and submit the record to the Planning Commission. Advertising must occur twice, no more than 30 days and no less than 7 days before the meeting. public meeting and recorded comments

Construction may not begin until the data-center plan has been submitted to and approved by the Somerset County Planning Commission. may not begin construction

The maximum building height is 65 feet. A waiver requires written engineering, architectural, and safety analyses, may require an independent third-party review at the developer's expense, and may be granted only if no reasonable alternative exists and specified impacts are avoided. maximum building height

Principal buildings, accessory structures, and data-center electrical substations must generally be set back 250 feet from adjoining properties and public road rights-of-way, 1,000 feet from existing off-site residences and Sensitive Receptors, and 200 feet from waterbodies, streams, and wetlands. required setback distances

Parking lots must be at least 50 feet from public road rights-of-way and all property lines, and the facility must provide at least one parking space per employee on the largest shift plus three visitor spaces. parking requirements

Each facility must provide at least one loading bay on one facade of the principal building, designed not to obstruct adjacent street traffic and to preserve emergency access. minimum of one loading bay

Community Noise Equivalent Level may not exceed 57 dBA at Sensitive Receptor property boundaries, developed property boundaries, or the nearest residential property line, and the Commission may require noise barriers or devices. Noise or vibration adversely affecting life or comfort outside the property may be treated as a nuisance. 57 dBA noise standard

Air, dust, smoke, glare, exhaust, heat, and humidity must be controlled so they are not perceptible at or beyond the property line, and waste must be handled consistently with state and federal law. not perceptible at or beyond the property line

Data-center equipment must be housed in grounded, metal-encased structures with at least a 30-minute internal electrical-fire rating and automatic fire baffles. Battery or other stationary energy-storage systems must comply with NFPA 855 or similar standards and include dedicated fire suppression. 30 minutes

Applicants must obtain written utility-provider verification of adequate supply capacity, properly sized infrastructure, sufficient cooling and operating systems, no harmful electrical interference, and a third-party final inspection of electrical work. Primary on-site generation must equal 150% of maximum data-center load. 150% of max load

Site and building lighting must be fully shielded, exterior lighting generally may not exceed 3,000K, residential and agricultural boundary lighting should average no more than 0.2 foot-candles, and nonessential lighting must be reduced overnight through timers, dimming, or motion sensors. full-cutoff/fully shielded

The perimeter must have security fencing at least eight feet high and made of high-quality materials. minimum of eight feet

Electrical substations require year-round opaque landscaping or an eight-foot screen wall, generally must be placed to the side or rear of the principal building and outside required front yards, and must be set back 200 feet from property lines and roadways and 500 feet from off-site residential structures. On-site power lines of 34.5 kV or less must be buried. substation setback

Backup generators must be Tier 4 or greater, meet applicable environmental, safety, and interconnection standards, support critical operations, and be tested only between 8:00 a.m. and 5:00 p.m. EDT. Tier 4 or greater generators

Data centers must provide boundary buffer yards and screening. Required enhanced buffers vary by combined building footprint: 100 feet for footprints under 100,000 square feet, 150 feet for footprints from 100,000 to 250,000 square feet, and 300 feet for footprints over 250,000 square feet along specified roads and nearby residential or sensitive uses; other property lines generally require 50-foot buffers. minimum 300-foot buffer yard

Applicants must submit an environmental and community impact analysis covering operations, employees, vehicle trips, stored materials, nearby environmental and cultural resources, disposal methods, emergency services, water, sewage, solid waste, schools, municipal finances, and anticipated environmental impacts. environmental and community impact analysis

Public-water or public-sewer projects must provide authority certifications that adequate water will be supplied and additional sewage flow accepted. Projects using nonpublic water must provide a detailed water-feasibility study addressing demand, sources, safe yield, wells, surface waters, groundwater effects, recycling, and discharges. water feasibility study

All data centers must use closed-loop cooling. Open-loop, once-through, and discharge-based cooling systems are prohibited, and releases or contamination affecting areas outside the property may be treated as a nuisance. Open-loop, once-through, or discharge-based cooling systems are prohibited

Applicants must coordinate with the County 911 Coordinator, provide adequate in-building emergency radio coverage, obtain a 911 address, confirm local fire-department supplies, and submit an Emergency Response Plan to County emergency services and the responsible fire departments. submit an Emergency Response Plan

A professional Environmental Impact Assessment is required, including analysis of air emissions, truck-idling impacts, nuisance risks, stormwater, comprehensive-plan consistency, alternatives, unavoidable impacts, mitigation, and critical impact areas. A stormwater plan is also required under the County subdivision and land-development ordinance. Environmental Impact Assessment

Projects within 150 feet of specified waterways, wetlands, floodplains, ponds, or reservoirs must protect, convert, or establish a riparian forest buffer. The minimum buffer is 100 feet on each side, with additional width for slopes and certain wetlands; no earth disturbance or material storage may occur in the buffer, which must be protected in perpetuity. minimum of 100 feet on each side

A PNDI study dated within two years of the applicable application, along with required agency clearance letters, must be provided, and the applicant must comply with all directed measures concerning threatened, endangered, and special-concern species. dated within two years

A Certificate of Completion must be obtained after preliminary approval, required permits, and construction completion; the ordinance also bars title transfer before a Certificate of Completion is obtained. Certificate of Completion

Operators must submit quarterly reports on primary, backup, and other electrical production, total electrical usage, groundwater usage, and water discharges. Quarterly reporting

The application must include a decommissioning plan covering shutdown, equipment removal, disposal or recycling, and site restoration, together with financial assurance of at least 100% of estimated net decommissioning cost. The estimate must be updated every 10 years, decommissioning must begin within one year after cessation, and generally must be completed within 18 months. financial assurance

The filing fee for a data-center plan is $10,000. Incomplete plans require a new application and filing fee, and the County may hire specialty or professional reviewers at the developer's expense. Data Center Plan ... $10,000

Violations may be prosecuted as summary offenses with a $1,000 fine for each violation, and each day a violation continues constitutes a separate offense. The County may also seek civil relief, recover enforcement costs, and impose a municipal lien. One Thousand and 00/100 ($1,000.00) Dollars for each violation

Data Center accessory uses are permitted when located on the same tract or an adjacent-parcel assemblage developed as a unified facility. These may include generators, electrical substations, utility lines, cooling and wastewater facilities, water storage, pump stations, security features, battery storage, and on-site solar generation. Accessory renewable energy systems ... are permitted.

A data center may request a waiver from the 65-foot maximum building height. The request must include engineering, architectural, and safety analyses, and the County must find that the height will not impair emergency response, environmental resources, or adjacent properties and that no reasonable alternative exists. The maximum building height ... shall be 65 feet.

Electrical substations serving a data center are expressly authorized on the same or adjacent site, or on a site immediately across a road right-of-way. A facility used ... specifically for Data Center users.

Backup or behind-the-meter power generation using natural gas, renewable fuels, or other clean sources is permissible for reliability, efficiency, or sustainability. Generators must be Tier 4 or better, meet applicable standards, and be tested only between 8:00 a.m. and 5:00 p.m. EDT. Back-up on-site or behind the meter generation ... is permissible.

The Planning Commission may approve existing vegetation as a substitute for newly required berms and plantings, allowing a project to satisfy screening requirements without installing all-new landscaping. Use of existing vegetation for landscaping and screening ... may be substituted.

The Planning Commission may grant written modifications or waivers from the enhanced buffer-yard requirements for sites next to sensitive receptors or collector or arterial roads. The Planning Commission may grant a modification or waiver.

Noise limits do not apply to emergency alerts, emergency work needed to provide electricity, water, or other public utilities when public health or safety is involved, snow removal, or road repair. The maximum sound levels listed above do not apply to emergency alerts.

LEED certification and roof-mounted accessory solar systems are strongly encouraged rather than required, leaving those design choices optional. LEED certification is strongly encouraged.