Following a public hearing earlier in the month where several residents suggested changes to a county order regulating data centers, the Warren County Commission finalized rules for the facilities Thursday, Sept. 24.
Changes to the county’s order included the addition of a decommissioning permit requirement, Presiding Commissioner Joe Gildehaus noted. He added, though, that after further review, county officials found that not all changes discussed at the Sept. 8 public hearing could be made.
“The commission requested that we look at the number of generators and whether that would apply on a parcel-by-parcel basis, or a site-by-site basis,” GIldehaus said, reading from guidance provided by the county’s legal counsel.
“The commission then requested that generators be limited to four per site. However, after reviewing the regulations, that is not practicable. Four is the minimum number of generators needed to qualify as a large-scale (data center), which is the point that the regulations kick in. Accordingly, there is no amendment limiting the number of generators to four.”
A new section was added that requires annual updating of an emergency operations and response plan, including updates on any hazardous materials stored on-site.
Setbacks were also increased, from 100 feet from the nearest property line in the previous draft to 200 feet in the new one, and going from 250-foot setbacks from the nearest residential structure in the previous draft to requiring 300 feet from nearby residences in the order finalized Sept. 24.
More specifics were also added to the natural resource preservation plan requirements within the buffering, screening and landscaping section of the data center regulations.
“The natural resource preservation plan shall include a detailed description of all proposed plantings and other items that will be incorporated as part of any buffer required herein, including the type, number, size, spacing, location, and approximate mature height and width of proposed vegetation, and the location, height, materials, and design of any proposed berms, fencing, walls, or other screening features,” according to the newly approved order.
“The plan shall demonstrate that the proposed buffer is reasonably designed to provide the visual screening required by this Section.”
County officials have noted that the data center order, like others approved this week, was not implemented in response to any specific ongoing or planned project.
“That will give, if somebody does happen to come in, quite a few boxes they would have to check,” Gildehaus said.
At the same Sept. 8 meeting where the public hearing on the data center order was held, hearings were also held for orders regulating battery energy storage systems, outdoor recreation venues, and recreational vehicle parks. Those three orders were also approved, following requested revisions, at the Sept. 24 meeting.
As with the data center order, a decommissioning permit requirement was added to the battery energy storage systems order. Setback requirements were also increased, from 100 feet in the earlier draft, to 200 feet from the nearest adjacent parcel in the final version.
For the order regulating outdoor recreation venues, the number of temporary camping periods allowed per year was reduced from six to two, with the length of those periods reduced from five consecutive nights down to three consecutive nights. Wastewater disposal requirements were also made more specific.
The category of “special events, occasional” for outdoor recreation venues was amended to require conditional use permits in the county’s agricultural zoning district for such events, “including but not limited to circuses, fairs, carnivals, and festivals” that occur no more than twice per year for a maximum of 10 days each.
The commission also made several changes to the RV parks order prior to approving it.
“For the special event concept, we amended the regulations to allow RV parks to host events for their patrons, such as concerts, barbecue cook-offs, and other leisure activities, so long as the park does not charge an admission fee for the event,” Gildehaus said.
“These activities would likely not qualify as an outdoor recreational venue or entertainment facility. Accordingly, we made sure that these types of events are permitted for park patrons as part of the overall RV park operation.”
A change was also made to remove a section of the order that could have prevented an RV park from operating a general store within the park, Gildehaus said.
Landscape buffer regulations were amended to require that any part of an RV park that is regularly used for parking RVs within 100 feet of a residential property must be screened, but that such screening is not required in areas of the park where RVs aren’t regularly parked.
The commissioners approved all four orders unanimously.
