The City of Statesboro is moving forward with an amendment to the regulatory framework for data centers inside the city limits.
The adoption of the ordinance comes as the county has extended its moratorium and continues to look toward an outright ‘ban’ on data centers. The moratorium and any future ban by the county, however, would only apply to the unincorporated parts of Bulloch County.
Statesboro’s ordinance includes limits on size, location, utility usage, noise levels, environmental impacts, and community benefits. It was recommended for approval by the Planning & Zoning Commission in May. Council had a first hearing at a council meeting in May and sent staff back with further revisions. Tuesday’s action was a second reading and consideration of a motion to approve the ordinance as revised.
Justin Williams, Director of Planning & Development shared that Tuesday’s draft includes the elimination of the highscale data centers of 200 acres, returning the cap to 50 acres. He said the latest draft also includes more robust requirements for sound studies, additional bioswales, and provisions to allow stormwater to be retained on site.
City Manager Charles Penny said the “significant piece for the public to understand” is that if the council approves the ordinance, it does not afford a ‘use by right.’ Meaning, if a data center wants to move to Statesboro, they must still apply through the special use permit and would be subject to approval by the mayor and city council. Essentially, the ordinance provides guardrails for how a data center would operate, but it still leaves the final say to the elected officials.
“Any concerns people have about water or wastewater, those things are still things we would have an opportunity to investigate and we would share with council,” Penny said. He also shared that he’s visited a number of data centers and they’ve become more efficient and utilize a closed-loop system.
ORDINANCE PROVISIONS
Under the ordinance, data centers would only be allowed through a Special Use Permit process in Office and Business, Highway Oriented Commercial, Light Industrial, and Mixed-Use zoning districts.
Among the definitions outlined in the ordinance:
Edge Facility – Lot sizes must be at least 10 acres and are capped at a maximum of 50 acres. They can be established in existing buildings. If the building is for ‘adaptive use,’ the lot size, setbacks, and buffer requirements can be waived if sound and water requirements are met.
Hyperscale Facility – Facilities larger than 50 acres and with a structure of 10,000 square feet to 500,000 square feet are classified as “hyperscale” data centers, and would be prohibited entirely.
Cryptocurrency mining operations are excluded entirely from the definition of a permitted data center.
Small scale data centers (server rooms & small modular centers) are permitted by-right so long as it does not exceed 15% of the building’s Gross Floor Area.
SETBACKS –
- 75-foot setback from residential zoning districts and other “sensitive receptors,” such as schools, hospitals, parks, and places of worship.
- 60-foot setback from all other property lines (non-residential/public roads)
- 50-foot-wide buffer consisting of trees and vegetation would also be required along residential boundaries and sensitive receptors.
WATER & SEWER –
- All data centers will be required to connect to public water and sewer systems and utilize closed-loop cooling systems or recycled water whenever possible. Applicants will be required to submit a detailed Water Feasibility and Management Plan outlining anticipated water consumption, wastewater management strategies, and measures to protect groundwater and surface water supplies.
McCollar shared that any facility would plug into existing infrastructure and would not require usage of wells or anything else. He said the infrastructure currently allows upward of 4 million gallons per day in usage above current usage.
- Environmental provisions in the ordinance require compliance with existing stormwater regulations and encourage the use of permeable pavement, bioswales, and other infiltration measures for at least 20% of parking areas.
UTILITIES – Any proposed natural gas demand will require a “will serve” letter from the city’s Public Utilities Department.
Notably, during the budget presentation earlier in the meeting, city manager Charles Penny shared that if an industry wanted to come to Statesboro, the city would not be able to accommodate the need because the natural gas operations are already at capacity.
- Electrical service plans will undergo review before zoning approval.
- Substations associated with data centers will be required to meet fencing and buffering standards.
NOISE – Developers will be required to submit a professional noise study.
- Noise generated by data centers and related equipment could not exceed existing ambient conditions or 50 dBa/70 dBc at nearby sensitive receptors, whichever is greater.
- Emergency generator testing would be restricted to weekdays between 10 a.m. and 5 p.m. and capped at 1 hour per session.
AESTHETICS –
- Mechanical equipment such as cooling towers, chillers, and HVAC units are required to be screened from public view – either indoors or from view, while building heights would generally be capped at 65 feet.
- The height cap does not include roof mounted structures and enclosed pop-ups for roof access from internal stairs and structures such as freight elevators, which may exceed the 65-foot height if allowing accessibility by Fire Department personnel.
- Additionally, developers would have to install an opaque wall or fence at least 8 feet tall along sides facing sensitive receptors.
ECONOMIC BENEFIT & COMMUNITY –
- In order to receive a special use permit, applicants would be required to demonstrate positive economic impacts or contribute funding toward neighborhood improvements related to the project’s effects.
- Developers would also be required to submit a decommissioning plan or financial surety to ensure the removal of equipment if the facility ceases operations.
- Special Use Permits for data centers would expire after 24 months if no land disturbance or building permits are issued. Permits would also expire following prolonged inactivity or changes in zoning classifications.
PUBLIC COMMENTS
Noel Burnsed – Asked council to explain why they’re entertaining the issue at all when no one is knocking at the door. McCollar said he likes to look at things down the road. “When I was first introduced to this, my immediate reaction was we don’t need any data centers in Statesboro,” he said. But then he asked the staff to put together an opportunity to go to the Atlanta area to look at data centers. He said his biggest concerns included noise pollution and dramatic disturbance to the environment in a long term fashion. The ordinance, he said, was drafted to “safeguard the community.”
McCollar also said a data center in the city limits would bring about $2 million a year, which would alleviate the tax burden.
Steve McDaniel – Expressed concern about the city annexing land from the county to establish a data center. He said the process does not seem transparent. “It doesn’t seem like people have much say in it. You’re going to make an ordinance and then you’re going to tell all these people to supply infrastructure for these facilities.”
Kiki Cannon – Expressed concerns about the timing of the meetings for highly contested issues. She also said the council has received a lot of “corporate propaganda” and noted that they don’t appear to have spoken with academics or researchers who have looked into data centers. She said she is an advocate of technology when it’s in the best interest of humanity. She said she objects to the construction of these centers no matter the size. “This is not a NIMBY* situation. I don’t want these in anyone’s backyard.” Cannon also referenced the damage experienced by other communities, ranging from air quality, increased power bills, and the lacking economic benefits that are promised but never delivered.
*NIMBY – Not In My Back Yard
COUNCIL COMMENTS
Councilwoman Shari Barr thanked the public for the comments and staff for their revisions. “My situation is I just keep hearing more and more and realize how much I don’t know, …even though I’ve invested a good amount of energy into this.”
She said she is not ready to vote on the ordinance at this time, with her biggest concern being water and the lack of impact the city will have on how much Georgia Power charges as a result of the data centers.
City Manager Charles Penny said the infrastructure to address her concerns is within the ordinance.
Councilman John Riggs said this ordinance puts the city in the driver’s seat. “We tell them ‘this is what you have to work with.”
Councilwoman Shari Barr said she’s still against it and does not understand the rush. “I want us to have more in place to know how much water they need.”
McCollar then called for a motion. A motion to approve was made by Riggs. Council approved the measure 3-1 with Barr opposing.
