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The Data Center Divide

Town of Gainesboro

Anti-Data Center Policies

Gainesboro’s enacted rule limits data centers to industrial zones and requires plans and studies before permits; the description calls it a proposal, and the studies’ details are unclear.

current law · Town of Gainesboro
This Gainesboro ordinance, reported as having passed first reading, would restrict data processing facilities to industrial zoning districts within the town and require developers to submit complete environmental and impact studies before construction is permitted.Gainesboro ordinance restricting data processing facilities to industrial zones

What this means

The proposal would allow data centers only in industrial zones and require plans and studies before permits, adding meaningful hurdles to building them. The notice does not say what those studies involve, so the added cost or delay is unclear.

People behind it

  • Will hold the public hearing and administer the proposed zoning text amendment.

  • Adopted and enacted the Gainesboro Municipal Code and authorized its amendment and administration.

  • Prepared and codified the municipal code and provides its updating service.

Restrictions & requirementsHide restrictions & requirements18
  • Data processing facilities would be allowed only in the Industrial Zoning District.

  • Plans, studies, and related materials must be submitted to the Town before permitting and construction.

  • Data center development must comply with the Town's zoning ordinance; zoning violations are subject to penalties, with each continuing day treated as a separate offense.

  • Development in a special flood hazard area requires a floodplain development permit before construction or other development begins, along with required site plans, technical information, certifications, and final elevation documentation.

  • New construction and substantial improvements in special flood hazard areas must meet flood-resistant standards, including anchoring, protected utilities, elevation or floodproofing, and flood openings; applicable structures generally must be elevated at least one foot above base flood elevation, or three feet above the highest adjacent grade where base flood data is unavailable.

  • Development or encroachment in designated floodways is generally prohibited unless a professional engineer demonstrates no increase in flood levels or floodway width; projects that would increase them require FEMA map-revision approvals before and after construction.

  • Data centers must comply with the 2018 International Fire Code and 2021 NFPA 101 Life Safety Code, including later amendments; violations may result in civil penalties, with each continuing day treated as a separate offense.

  • An industrial user connecting to or discharging into the municipal wastewater system must obtain a wastewater discharge permit before connecting or contributing; permits may require technical information, pretreatment plans, engineering certification, monitoring, reporting, and compliance schedules, may last no more than five years, and are not transferable without Town approval.

  • Wastewater discharges are subject to prohibited substances and numerical limits, including restrictions on hazardous, obstructive, toxic, corrosive, excessively hot, oily, or stormwater-contaminated discharges; violations may lead to service suspension, permit suspension or revocation, corrective costs, penalties, or litigation expenses.

  • Industrial wastewater users must install and maintain monitoring facilities at their own expense, allow Town inspections and sampling, submit compliance reports, and retain monitoring records for at least three years.

  • When a public sanitary sewer is within 100 feet of a property line over public access, the owner must connect within 60 days after official notice, obtain a written permit and inspection, and pay the connection and installation costs.

  • Water and sewer service requires a signed standard contract and service deposit; connection, tap, road-bore, and related fees apply, and persons requesting main extensions generally must pay the full extension, engineering, and state-fee costs.

  • Excavating or tunneling in a public street, alley, or public place requires a permit, a $50 fee, a $500 cash deposit where no pavement is involved or $1,000 where pavement is involved, restoration obligations, specified insurance, safety measures, and compliance with work-time limits.

  • Cross-connections with the public water supply are prohibited unless approved and supervised as required; the Town may require an owner-funded backflow preventer, maintenance, testing, and repairs, and may discontinue service for noncompliance.

  • Businesses exercising a privilege taxable under state law must obtain an effective municipal privilege license and pay the applicable municipal privilege tax before operating in the Town.

  • Construction, excavation, demolition, alteration, or repair in residential areas generally may occur only from 7:00 A.M. to 6:00 P.M. on weekdays, unless an applicable exception, emergency permit, or specific permission applies.

  • Unreasonably loud, disturbing, or unnecessary noise is prohibited, and amplified or public-address systems require a permit specifying permitted hours.

  • Water and sewer service may be refused or discontinued for violations of utility rules, the service application or contract, or nonpayment; reconnection requires payment or satisfactory arrangements, correction of the violation, and a $25 reconnection charge.

Benefits & exceptionsHide benefits & exceptions7
  • Creates a zoning definition for data processing facilities, giving them a specific category in the zoning ordinance.

  • Allows data processing facilities in the Industrial Zoning District, subject to the ordinance's location limits.

  • Allows applicants to fund water and sewer main extensions; after completion and town approval, the extensions become town property and are incorporated into the municipal systems, with service subject to system limitations.

  • Allows the board of mayor and aldermen to approve water or sewer main extensions under alternative terms when it determines that doing so is in the town's best interest, although the town is not required to make the extension or provide service.

  • Requires excavation and tunneling permit applications for streets, alleys, and public places to be approved or rejected within 24 hours, subject to required fees, deposits or bonds, insurance, safety measures, and restoration obligations.

  • Provides town-installed water connections with a specified amount of pipeline from the main to the property line, while requiring the customer to pay roadway-boring costs; the cited code provisions describe the included distance as either up to 50 feet or up to 100 feet.

  • Provides electricity and gas service to the town and its inhabitants through designated franchise providers under agreements setting the parties' rights and obligations.

Sources

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