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Regbase

The Data Center Divide

Town of Hopkinton

This restriction takes precedence while in effect. The rating below excludes temporary restrictions.

Neutral Data Center Policies

Hopkinton’s ordinance is labeled enacted, though its description calls it proposed; it bans data centers in every zoning district, blocking new facilities and expansions.

Rating from Rhode Island statewide as there are no scored current or future laws outside temporary restrictions for Town of Hopkinton.

current law · Town of Hopkinton
This zoning amendment defines data centers and prohibits them as a distinct land use in every zoning district of Hopkinton.Hopkinton, Rhode Island — Zoning Ordinance Amendment Prohibiting Data Centers

What this means

The proposed ordinance would ban data centers in every zoning district in Hopkinton, preventing new facilities and expansions. One source describes a separate 60-day pause, but the described town-wide ban would have the greatest practical effect if enacted.

Timing

Ends
the 61st day following the date on which it was adopted

One source describes an immediate moratorium that ends sooner if superseded by duly adopted land-use amendments. It may be reenacted or extended by ordinance if the emergency still exists. Other sources describe a separate or subsequent permanent prohibition on data centers rather than a moratorium.

People behind it

  • Town Councilor and co-sponsor who introduced the proposed ordinance regarding data centers.

  • Town Councilor and co-sponsor who introduced the proposed ordinance regarding data centers.

  • Town Councilor who read the proposed moratorium and seconded the motion to adopt it.

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  • Discussed and potentially recommended the proposed zoning amendment and ordinance, and forwarded the proposed zoning ordinance amendment to the Town Council.

  • Legislative body that adopted the emergency data-center moratorium.

Restrictions & requirementsHide restrictions & requirements8

  • Imposes an immediate temporary moratorium on all data-center applications and construction, including new construction or uses requiring approval under the Town’s land-use regulations, except proceedings, applications, and petitions vested under R.I. Gen. Laws § 45-24-44.

  • The moratorium remains in effect until permanent land-use amendments take effect or until it is automatically repealed on the 61st day after adoption, unless it is sooner superseded, reenacted, or extended as allowed by the ordinance.

  • During the moratorium, the Planning Department, Planning Board, Zoning Board of Review, and other Town agencies and employees may not accept, process, approve, deny, or otherwise act on non-vested data-center applications, plans, permits, licenses, or related fees.

  • Land-use ordinances, land-development regulations, and subdivision regulations that conflict with the temporary moratorium are stayed for its duration to the extent they apply to data centers.

  • A future Zoning Ordinance amendment permanently prohibiting data centers must be considered at a Town Council or Special Town Council meeting and requires a public hearing and Town Council vote.

  • Prohibits data centers as a use in all zoning districts, preventing their construction, expansion, or operation under the Town’s zoning regulations.

  • Requires large data centers to pay for their own electrical-infrastructure upgrades.

  • Requires large data centers to report their water usage to the state.

Benefits & exceptionsHide benefits & exceptions3

  • Vested data-center rights, proceedings, applications, and petitions under RIGL 45-24-44 are not subject to the moratorium.

  • Computer, telecommunications, and data-storage equipment that is accessory and customarily incidental to another lawful principal use is excluded from the definition of a data center, including equipment supporting offices, schools, hospitals, government facilities, banks, retail establishments, research facilities, and manufacturing facilities.

  • The moratorium automatically expires on the 61st day after adoption unless it is sooner superseded or reenacted or extended by ordinance while the emergency continues.

Sources

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