The proposed data center and electrical generating facility must obtain a C-2 Conditional Use Permit, with approval based on compliance with the zoning ordinance, including applicable area, setback, height, site-plan, building, infrastructure, and safety requirements.

Before any building permit is issued, the applicant must submit a surveyed map and legal description of the entire project site for County Planner approval.

The applicant must obtain, maintain, and comply with all required federal, state, and local permits for construction and operation.

The applicant must provide the County Attorney and County Planner copies of all regulatory-agency submittals, reports, and notices of violation made during construction and operation.

Before site disturbance, the applicant must obtain approval of a Construction Management Plan addressing the schedule, working hours, haul routes, staging, storm-water control, noise control, and public notice.

Before site disturbance, the applicant must obtain approval of a Dust Control and Mitigation Plan and implement measures such as water trucks, stabilizers, gravel access points, wind fencing, and high-wind contingencies.

Before mobilizing heavy equipment, the applicant must execute a County Road Maintenance Agreement with performance guarantees for repairing project-related road damage.

Before building-permit issuance, the applicant must obtain County and UDOT review and approval of a traffic impact analysis prepared by a licensed professional engineer and implement required mitigation measures.

The applicant must prepare and annually update an Emergency Response Plan approved in consultation with the County Planner, Sheriff’s Office, Fire District, and other responders.

The applicant must allow Sheriff’s Office personnel reasonable access to the facility for familiarization and response training when requested.

The applicant must obtain County approval of a Noise Management Plan, comply with County noise standards, and conduct semi-annual noise monitoring with results submitted to the County Planner.

The applicant must submit a Water Management Plan quantifying water demand, identifying sources, including conservation measures, and demonstrating no adverse impact on existing water rights.

The applicant must obtain County approval of a dark-sky-compliant exterior Lighting Plan requiring fully shielded, downward-directed lighting and motion controls where practicable.

The applicant must obtain County approval of a Waste Management Plan covering solid and hazardous waste, storage, recycling, and disposal.

The applicant must provide the County with a summary Cybersecurity and Data Security Plan addressing critical-infrastructure protection and coordinated response protocols.

The applicant must designate a Community Liaison and submit a Community Engagement Plan covering notifications, complaint resolution, and quarterly reporting.

The applicant must analyze construction and operational workforce-housing demand and submit a mitigation strategy, including agreements with local housing providers or off-site accommodations.

Before receiving a certificate of occupancy, the applicant must post financial surety acceptable to the County Attorney to guarantee equipment removal, regrading, revegetation, and other site reclamation.

The applicant must maintain insurance coverage specified by the County Attorney and file proof of coverage annually.

Before operation, the applicant must install County-approved safety and hazard signage in accordance with applicable codes.

The Conditional Use Permit must be reviewed by December 31, 2026.

Construction must commence by December 31, 2027, or the permit expires unless the Board of County Commissioners extends it for good cause.

The executed Conditional Use Permit must be recorded with the County Recorder within 30 days of approval and copies must be provided to the County Attorney and County Planner.

All permit conditions bind successors and assigns, and the Board of County Commissioners may initiate permit amendments when necessary to protect public health, welfare, safety, or property.

The Planning Commission unanimously recommended approval of the C-2 Conditional Use Permit for Fibernet MercuryDelta’s data center and electrical generating facility, subject to reasonable conditions and final action by the Board of County Commissioners. Recommend approval of the C-2 Conditional Use Permit

The recommendation expressly finds that the data center use is a conditional use allowed in the applicable zoning district and that it may proceed if it satisfies the district’s area, setback, height, site-plan, building, infrastructure, and other regulatory requirements. The proposed use is a Conditional Use within the Zoning District

The permit allows minor modifications to be approved by the County Planner rather than requiring the full conditional-use-permit amendment process; larger amendments must follow County procedures. minor modifications may be approved by the County Planner

The permit conditions run with the land and bind successors and assigns, allowing the facility and its permit rights to continue through a change in ownership, subject to the stated conditions and interpretation in favor of the County. All conditions herein shall run with the land and bind successors and assigns

The permit establishes a construction window: construction must commence by December 31, 2027, unless the Board of County Commissioners extends the permit for good cause. This preserves the project’s authorization during that period. Construction shall commence by December 31, 2027

Before any building permit is issued, the applicant must submit a surveyed map and legal description of the entire project site for County Planner approval.

The applicant must obtain, maintain, and comply with all required federal, state, and local permits for construction and operation.

The applicant must provide the County Attorney and County Planner copies of all regulatory-agency submittals, reports, and notices of violation made during construction and operation.

Before disturbing the site, the applicant must obtain approval of a Construction Management Plan addressing the schedule, work hours, haul routes, staging, storm-water control, noise control, and public notice.

Before site disturbance, the applicant must obtain approval of a Dust Control and Mitigation Plan and implement required dust-control measures, including contingency measures for high winds.

Before mobilizing heavy equipment, the applicant must execute a Road Maintenance Agreement with the County, including financial performance guarantees for repairing County roads damaged by project traffic.

Before building-permit issuance, the applicant must commission a licensed-engineer traffic impact analysis for UDOT and County approval and implement all required mitigation, which may include turn lanes, signage, speed controls, or other improvements.

The applicant must prepare and annually update an Emergency Response Plan approved by the County Planner in consultation with emergency responders, and must provide reasonable facility access for Sheriff personnel when requested.

The applicant must obtain County approval of a Noise Management Plan, comply with County noise standards, and conduct semiannual noise monitoring with results submitted to the County Planner.

The applicant must submit a Water Management Plan quantifying water demand, identifying sources, incorporating conservation measures, and demonstrating no adverse impact on existing water rights.

The applicant must submit a County-approved, dark-sky-compliant exterior Lighting Plan requiring fully shielded, downward-directed lighting and motion controls where practicable.

The applicant must submit and implement a County-approved Waste Management Plan covering solid and hazardous waste, storage, recycling, and disposal.

The applicant must provide the County with a summary Cybersecurity and Data Security Plan addressing critical-infrastructure protection and coordinated response protocols.

The applicant must designate a Community Liaison and submit a Community Engagement Plan covering notifications, complaint resolution, and quarterly reporting.

The applicant must analyze construction and operational workforce-housing demand and submit a mitigation strategy, including local housing agreements or off-site accommodations.

Before receiving a certificate of occupancy, the applicant must post financial surety acceptable to the County Attorney to guarantee reclamation, including equipment removal, regrading, and revegetation.

The applicant must maintain insurance coverage specified by the County Attorney and file proof of coverage annually.

The facility must install County-approved safety and hazard signage before beginning operation.

The conditional use permit must be reviewed by December 31, 2026.

Construction must commence by December 31, 2027, or the permit expires unless the Board of County Commissioners grants an extension for good cause.

Amendments to the permit must follow County procedures, although the County Planner may approve minor modifications.

The County approved the C-2 Conditional Use Permit amendment for a data center and electrical-generating facility at approximately 11000 N McCornick Road, allowing the project to proceed subject to the listed conditions.

Minor modifications to the approved project may be approved by the County Planner rather than requiring a full amendment process; the permit may also be extended by the Board of County Commissioners for good cause.