A Town license is required before a data center may be constructed, expanded, operated, or maintained. Every size class requires Town Board approval after a public hearing; the Town license is in addition to applicable county and other permits. A Data Center License from the Town

Super-Scale and Hyperscale applications require Class 2 published notice and mailed notice to owners within the applicable setback (or the unmodified setback if a setback change is requested). Proposals cannot be kept from the Board or public under a confidentiality agreement. notice shall be given as a Class 2 notice

A Town license does not replace or override Iowa County zoning; it does not rezone land or authorize a county-prohibited use, and the more restrictive applicable standard controls. A Town license does not rezone land

Existing lawful facilities may continue, but a Substantial Expansion or change in use must comply with the ordinance. Substantial Expansion includes a 10% or greater increase in peak demand or footprint, adding generators where none were licensed, or a change affecting classification or setbacks. any Substantial Expansion or change in use

Nearby data centers are aggregated as one facility for classification and compliance if any property would be within the applicable setback of more than one facility; their peak electrical demands are added together. treated as a single facility

Applications must include specified plans and studies, including noise and vibration, wells and groundwater, emergency response, security, construction traffic, and decommissioning, plus county-zoning status and any requested setback-change evidence. An application for a Data Center License shall include

Applicants must meet minimum lot sizes: 5 acres for Small-Scale, 10 for Large-Scale, 40 for Super-Scale, and 80 for Hyperscale, or the greater county requirement. 5 acres for Small-Scale

A non-participating residence must be separated by 100 feet per MW without generators or 150 feet per MW with generators, subject to class-specific minimums: 2,000/3,000 feet for Small-Scale; 3,000/5,000 for Large-Scale; 10,000/15,000 for Super-Scale; and 100,000/150,000 for Hyperscale. Lot-line setbacks are 500 feet less than the applicable residence setback, but at least 1,500 feet. The minimum setback from any Non-Participating Residence

The Board may modify the per-MW residential and lot-line setback only after a public hearing and written findings on noise and vibration, closed-loop cooling and wells, emergency response capacity, and on-site accommodation of access and infrastructure; the change cannot go below the class-specific setback floors. may modify the foot-per-megawatt portion

Additional separation is required: 1,000 feet from a drinking-water system or source, 500 feet from a waterway or waterbody, and compliance with county floodplain, wetland, and shoreland setbacks. 1,000 feet from any drinking water system or source

Buildings and equipment are limited to 45 feet in height, except for interconnection transmission poles or towers. shall not exceed 45 feet

Facilities must provide continuous opaque screening along public roads and residential interfaces, use fully shielded downward-directed lighting, and may not locate in a 100-year floodplain or designated wetland except as DNR permits. Continuous opaque screening

Operational sound may not exceed 45 dBA at a non-participating residence or 50 dBA at a non-participating lot line, at any time, including with generators at full capacity. A prominent tone adds a 5 dB compliance penalty; vibration is limited to 0.1 inch per second peak particle velocity at a residence wall, or a stricter study-based limit. shall not exceed 45 dBA

Operators must conduct pre-construction and post-construction noise and vibration studies; post-construction testing is due within 60 days of commercial operation and after significant expansion. The Town may require additional testing at the operator’s expense. within 60 days of commercial operation

Routine generator testing is limited to weekdays from 9 a.m. to 3 p.m., only as reasonably necessary, with at least 72 hours’ notice to the Town Clerk and nearby non-participating residences. Emergency use during a utility outage is exempt; fossil-fueled backup generation cannot substitute for firm utility service. Monday through Friday between 9:00 a.m. and 3:00 p.m.

Cooling must be closed-loop; open-loop and once-through cooling are prohibited. A high-capacity well may not be built or used without a qualified hydrogeologist’s analysis showing no adverse impact on neighboring wells or the aquifer. Open-loop or once-through systems are prohibited

Generators must meet air-quality standards, and fuel storage must be limited, secondary-contained, and lawful. Sites with fuel tanks require baseline and periodic soil and groundwater testing; incidents that may cause contamination require prompt testing and remediation at the operator’s expense. Fuel storage shall be limited

Operators must comply with applicable codes, provide 24/7 remote monitoring, fund initial and annual first-responder training, and provide a second emergency access suitable for fire apparatus to the extent practicable. The site shall have a second emergency access

If an incident requires temporary relocation of people or livestock, the operator must pay all specified transportation, lodging, boarding, feed, and veterinary costs without a cap, until return is safe or a longer period is ordered. at the Operator’s sole expense and without any cap

Operators must maintain a security plan addressing physical security, access control, cybersecurity, unauthorized entry, and intentional attacks, and provide it to the Town and local emergency responders. shall maintain a Security Plan

Facilities must meet DNR and county stormwater and erosion-control requirements, including fire-suppression runoff containment, and take reasonable wildlife-protection measures, including avoiding known sensitive habitats where practicable. Full compliance with DNR and county stormwater

Construction noise audible at a non-participating residence is limited to weekdays, 7 a.m. to 6 p.m., unless the Board authorizes other hours in writing for a defined period. Monday through Friday, 7:00 a.m. to 6:00 p.m.

Before land disturbance, the operator must inventory Town roads on the haul route, sign a road-use and repair agreement, post repair security, promptly repair construction damage, restore roads after construction, and use only licensed haul routes and compliant driveways. Before land disturbance

Operators must carry specified liability, umbrella, pollution, and workers’ compensation insurance; minimum liability limits rise to $5 million aggregate for Super-Scale and $10 million for Hyperscale, with higher umbrella limits for those classes. Commercial general liability

Before construction, the operator must post financial assurance for estimated net decommissioning costs, update it every five years, and restore the site to pre-construction or agricultural-ready condition within 12 months after cessation. Prior to construction

Application, review, inspection, and annual license fees apply, and operators must reimburse reasonable Town engineering, legal, and third-party review costs. The Operator shall reimburse reasonable Town costs

A license expires if substantial construction has not begun within two years, unless the Board grants one extension of up to one year for good cause. Twelve consecutive months without commercial operation constitutes abandonment, subject to a Board-approved resumption period of up to six more months. within two (2) years after issuance

The Town and its consultants may inspect during business hours on reasonable notice, or at any time in an emergency. Operators must submit annual reports and notify the Town of material changes within 30 days; substantial expansion requires a new or amended license beforehand, and a new owner must assume the obligations in writing before transfer. A Substantial Expansion requires a new or amended license

If a facility causes a mutually verified net loss of local tax revenue, the operator is required to make voluntary offsetting payments unless state utility aid or an equivalent mechanism is in place. make voluntary payments to offset such loss

Small on-premises IT rooms are exempt from the ordinance’s data-center requirements if they are accessory to a non-data-center use and are both under 1 MW and under 5,000 square feet: “less than 1 MW and occupy less than 5,000 square feet”.

A project can obtain a written, recorded agreement from a neighboring landowner that waives specified setback, noise, or vibration protections for that property; the agreement must identify the project, provide consideration, and bind successors and assigns: “expressly waives identified setback, noise, or vibration protections”.

After a public hearing, the Town Board may modify the formula-based residential and lot-line setbacks if the listed noise, cooling, emergency-response, and on-site infrastructure criteria are met. The modification cannot reduce setbacks below the applicable minimum floors: “may…modify the foot-per-megawatt portion”.

Facilities that were lawfully operating when the ordinance took effect may continue operating. Substantial expansions or changes in use must comply with the ordinance: “may continue”.

A license does not expire for lack of substantial construction until two years after issuance, and the Town Board may grant one extension of up to one year for good cause: “one extension of up to one year for good cause”.

The Town Board may authorize construction noise outside the usual Monday-to-Friday, 7 a.m. to 6 p.m. window in writing for a defined period: “unless the Town Board authorizes other hours in writing”.

The 45-foot height limit does not apply to transmission poles or towers necessary for electrical interconnection: “except for transmission poles or towers necessary for electrical interconnection”.

Emergency generator operation during a utility outage is not subject to the ordinance’s restricted routine-testing hours: “Emergency operation during a utility outage is not restricted”.