Board sets public hearing on data center ordinance

     During the April 15 Jones County Board of Supervisors meeting, the board set a public for Tuesday, April 29, at 9:15 a.m. on the proposed Jones County Data Center and Cryptocurrency Ordinance.

   This issue stems from last fall when a representative from U-R Energy, a company that builds data centers and energy storage systems, visited with the board with the intent on creating data centers in rural Jones County.

   At the time, Land Use Administrator Whitney Amos suggested the board look into a countywide ordinance addressing data centers, and put a moratorium in place. A six-month moratorium was enacted last October. It was then extended until May 31.

   In the draft Data Center and Cryptocurrency Ordinance, it states the purpose “is to promote and regulate the design, siting, construction, operation, maintenance, and decommissioning of cryptocurrency facilities and data centers to protect the health, safety, and welfare of neighbors and the public, and to avoid unintended impacts on resources and adjacent uses.”

   Cryptocurrency is defined as “a digital currency in which encryption techniques are used to regulate the generation of units of currency and to verify the transfer of funds while operating independently of a central bank.”

   A cryptocurrency data center is defined as “Leased or owned boundaries of floor space devoted to the operating data processing equipment for commercial cryptocurrency mining: excludes spaces for data centers not otherwise engaged in commercial cryptocurrency mining, commercial offices, storage, shipping and receiving, warehousing, or any other space that is not electronic processing.”

   Data mining is defined as “The commercial process by which volumes of data are analyzed to find patterns, discover trends, and gain insight into how the data can be used will constitute a commercial data mining operation.”

   Data centers and cryptocurrency operations are allowed in A2-Agricultural, C1-Commerical, C2-Highway Commercial, I-Industrial, and I2-Heavy Industrial zoning districts throughout the county.

   “There is no A2 in Jones County so they’d have to rezone,” Amos noted.

   When an applicant seeks to build a data center, for example, they must submit a site plan, apply for special permitted use, provide a project development timeline, must inform adjacent property owners and interested stakeholders, provide aerial photos of the entire proposed project area showing the proposed location of the facility, and provide a report prepared by a qualified third-party analyzing the noise profile of the project area.

   When it comes to re-zoning, that would require a public hearing with the Jones County Planning & Zoning Commission, as well as another public hearing with the board of supervisors.

   “Once the rezoning was approved, then they have to file a special permitted use application with the Board of Adjustment (BOA) for the data center itself,” continued Amos. “And that would also need a public hearing. So there would essentially be three public hearings for this.”

   When someone wants to re-zone their property or applies for a special permitted use, Land Use just notifies adjacent neighbors and landowners. For this specific ordinance, she said P&Z felt those within a mile of the proposed project should all be notified.

   The ordinance states, “Audible noise caused by data centers and cryptocurrency mining operations, not including existing ambient noise, shall not exceed 60 dB (decibels) continuously during daytime hours or a nighttime continuous sound level of 50 dB.

   The board asked Amos what 60 dB is equivalent to. She said she used 60 dB because that’s what other counties specified in their ordinances.

   “That’s really the baseline for it,” explained Amos. “Fifty dB is like the hum from your refrigerator. Sixty dB is from a wind turbine. A hog confinement at 75 yards is at 63 dB.”

   “It doesn’t state at what distance the decibels are measured,” offered Supervisor Joe Oswald of the proposed ordinance. “That would be a concern I would have.”

   Amos said the noise would be measured from the property line.

   All structures on the site shall have concrete foundations. The use of cargo containers, railroad cars, semi-truck trailers, and other similar storage containers for any component of the operation are prohibited.

   The P&Z held their public hearing on the proposed ordinance during their meeting on April 8. Amos said they received no public comments.