Draft guidelines for data centers in New Kent presented, but remain at standstill pending executive order

Two months ago, New Kent County leaders asked county staff to begin to find ways to address the continuous battles regarding the establishing of data centers within the locality. Since then, Governor Abigail Spanberger issued an executive order regarding data centers, with the expectation that guidelines would be established by January 2027. Still, concerns linger from public perception about the data centers, which was addressed as part of Tuesday morning’s work session.

New Kent Director of Community Development Joshua Airaghi presented the first set of recommendations for data center development to county supervisors, citing the process as a “temperature check” and a way to feel out leadership’s opinion on the issue.

At first, the topic almost never came to be discussed as a motion for a two-year data center moratorium for the county was presented. If that motion passed, a zoning amendment would have to be made and would delay any type of acceptance of data center applications for two years. However, the motion failed 2-3, with District 4 representative Ron Stiers and District 5 supervisor Jordan Stewart favoring it, while District 1 leader Thomas Evelyn, District 2 representative John Moyer, and District 3 leader Amy Pearson casting votes of denial.

Pearson’s vote stemmed from her conversations with the public. She indicated that information of data centers are always changing.

“A CUP (Conditional Use Permit) assists the board with making decisions based on individual merit,” she commented. “Not all data center applications will be the same.

“Data centers are everchanging and I’m not in favor of circumventing the public process for matters before the board of supervisors address them,” Pearson added.

“I have constituents against data centers, and I have some who want me to keep an open mind. The older people who do not use social media want to diversify the tax rate.

“Why are we trying to shut down the public process?” she continued, wrapping up her comments. “We should have the framework for the governor in January, and I want to hear from all the citizens.”

Stewart, who has worked in state government, said that the two-year moratorium would pass in a blink of an eye and that it wouldn’t eliminate the public from the process. Still, the motion was denied as Airaghi took his seat at the presentation table.

Airaghi began his presentation by referencing the Technology Overlay District (TOD) study that was discontinued at the direction of the board. At that time, staff was directed to develop strong performance standards for data centers, which the director of community development presented to county leadership.

Right off the bat, the application procedure for data centers would focus on three major areas. First, a pre-application meeting would be held, followed by community meetings which would require county notification, advertising in news media sources, meetings with the county, and receiving feedback. The third procedure would see all data centers head to public hearings for consideration.

Ten application requirements were listed on Airaghi’s presentation if a company has interest in establishing a data center. Those requirements are a concept plan (list of setbacks, buffers, proposed buildings), project narrative (phasing timeline, off-site impacts), community impact statement (comprehensive plan policies’ goals, public safety), preliminary grading and drainage (stormwater management, existing and proposed contours), viewshed analysis (renderings of buffers, planting, grading), environmental and cultural assessment (cultural resources survey, site-specific delineation of wetlands, floodplains, and RPAs), traffic assessment (mapping, construction-related traffic), water needs assessment (identifying water sources, conservation measures), sound study, (pre-construction noise levels, day-to-day noise levels,) and a decommissioning plan (removal of accessory equipment, hazardous materials, shell buildings).

Airaghi transitioned into specific areas of the requirements. He began with talking about siting and location, mentioning that data centers would only be allowed in industrial zoned property and a CUP would be required. Property size for two data center buildings/campuses would be allowed for up to 75 acres, with three buildings/campuses requiring 200 acres. Power and non-potable waterlines must be within a mile of the area, with road access being maintained to minor arterial or high order streets (major highways).

Standards would require buffers to be set at 300 feet and have mature vegetation and limited encroachment. Setbacks for guardhouses and outdoor storage/loading areas are pegged at 400 feet, with the data buildings, cooling equipment, generations and substations being required to be set back at 500 feet. Open space would require a minimum of 40 percent subject to the CUP.

Architectural standards are listed at 500 feet, similar to the county’s current commerce corridor overlay regulation. Facades are to be monotonous, with height limits and size limits set with no exceptions. Maximum height would be 75-feet for buildings, with fencing remaining internal (no chain links or barbed wire). Lighting is maximized at 25-feet, and additional screening applies to both ground and rooftop equipment.

Emergency backup generators are required to meet the Environmental Protection Agency (EPA) Tier 4 or higher emissions standard. They must also meet the noise requirements, standards by the Department of Environment Quality (DEQ), and have limited testing between 9 p.m.-4 a.m.

Noise levels are not to exceed 55 DCA (in use) decibels of ambient noise from the property line, or 65 DBC (continuous use) decibels. The plant’s cooling and water system must be closed-loop with no evaporative or air-cooled techniques used. If the data center were to use the county’s water, that water must be treated wastewater, with the county prohibiting groundwater and potable water. The data centers are allowed to use water-only mixtures (such as water-glycol) for cooling if it’s provided through an independent company.

Discharge and flushing has also become an area of concern according to Airaghi, who referenced an incident that happened in Wyoming. Any type of direct discharge to open public wastewater system’s will be prohibited. Cooling system waste is to be hauled to an appropriate off-site facility. There will also be limits for wastewater discharge, and the companies are required to have an emergency response plan.

If the data center is to ever stop operations, a decommissioning plan will be executed. Decommissioning permits must have insurance, and assurance must guarantee the estimated cost. A review of those costs will occur every three years. Proper notification for the closure of the data center will be required, with the county having the option to utilize financial assurance if the decommission plan is not followed. If any type of sale or transfer of the property takes place, a new financial assurance will be required within 30 days.

Once a plan is completed, they will be subject to a post-construction plan. An annual letter confirming the facility is in use will require them to note the amount of electricity that is being used. If that amount is exceeded, the company will have an opportunity to submit a plan, including a timeline, on how they plan to curtail the power usage. Companies may request an increase.

Other documentation that will be required according to Airaghi include reports on water usage, noise usage, generator usage, and any type of study or documents that are submitted at both the state and federal level.

Airaghi reiterated that the first toolkit from Spanberger’s executive order about data centers is expected to arrive in mid-November. He said that county staff will take a look at that toolkit and compare it to recommendations and guidelines that may be set at the state level.

Airaghi recommended that due to the new guidelines coming down from the state level, that no public hearing on the language for data centers take place until after January of next year. He concluded by saying he didn’t want to get too far down the rabbit hole without knowing if any adjustments will need to be made.

County supervisors thanked Airgahi and his staff for the hard work. Additional comments were withheld by leadership, with an item of having a 30-day citizen review period for the proposed data center ordinance struck from the agenda due to the new developments at the state level.