Before a data center has commenced construction or operating within this jurisdiction, the property owner and operator proposing to build a data center shall comply with the following:
(A) Notice requirements. The property owner and operator must notify all residents within a half-mile radius of the parcel, including any affiliated homeowners' association operating within the half-mile radius, that the property owner and operator intends to build and operate a data center on the property. The notice required in this section must be mailed to all postal addresses and homeowners' association addresses contained within a half-mile radius extending from the property line where the proposed data center will be built. Proof of notification shall be filed with the County Clerk's office within 30 days of providing notice. The property owner and operator must notify the County Judge that the property owner and operator intends to build and operate a data center. The notification must include the location for the proposed data center.
(B) Noise study requirements. The property owner of the lands upon which the data center is to be located shall conduct a sound study performed by a third-party acoustic engineer to document baseline sound levels in the area of the proposed data center, including noise levels measured at the property line in eight locations (north, south, east, west, northeast, northwest, southeast, southwest). The report of the study must include sound mitigation recommendations based on the results of the sound study. The property owner must provide a copy of the report of the study to the County Judge and file with the County Clerk within 30 days of completion of the report.
(C) Noise attenuation plan requirements.
(1) The property owner must consult with a third-party architectural or design firm to develop a building plan that includes necessary noise attenuation measures in order to prevent the external sound level emanating from the data center from exceeding the sound level limitations below which will be considered a noise disturbance. The building plan is not required to adopt any or all of the noise attenuation recommendations so long as the plan includes noise attenuation measures that the architectural or design firm deems adequate to be in compliance with this chapter. Noise attenuation measures may include but not be limited to:
(a) Soundproofing walls, screens, panels, fences, or enclosures;
(b) Buffer yards;
(c) Other noise attenuation measures recommended by the third-party acoustic engineer.
(2) Mechanical equipment must be shown on any proposed plan and must be fully screened on all sides. Mechanical equipment not screened by a facade of the building must be screened by a visually solid fence, screen wall or panel, or parapet wall and constructed with a design, materials, details, and treatment compatible with those used on the nearest facade of the building.
(3) The property owner must provide a copy of the building plan to the County Judge and file with the County Clerk within 30 days of completion of the plan prior to construction.
(4) Any additions, changes, or expansions of the data center must comply with the noise attenuation requirements of this chapter and must be designed and submitted to the County Judge and file with the County Clerk within 30 days of completion of the report.
(D) Post completion noise study requirements.
(1) Upon the data center's completion, the data center operator must conduct a post-construction noise study performed by a third-party acoustic engineer to document noise levels emanating from the data center when mechanical equipment is running at full capacity, including all HVAC units and generators necessary for peak operation. Noise levels are to be measured at the property line in the original eight locations used during the baseline study. The data center operator must provide a copy of the report to the County Judge and file with the County Clerk within 30 days of completion of the study.
(2) The data center shall not begin operations until the completion of the post-construction noise study and submission to the County Judge and County Clerk as required above. In order for the data center to be in compliance, the noise study results must show that its operation is in compliance with this chapter. If the results show that the data center is not in compliance with this chapter, the data center will be unable to commence operation until the required noise attenuation measures and noise limitations are met.
(3) Furthermore, the data center operator must conduct annual noise studies under the baseline and post-construction studies specifications in accordance with divisions (1) and (2) above. The data center operator must provide the results to the County Judge and file with the County Clerk within 30 days after the anniversary date of the first sound study report.
(Ord. 2023-18, passed 7-18-23)