By Ben Appiah
Staff update at the bottom!
On June 9th, Kent County Levy Court officially joined our state in its fight for responsible data center development. Ordinance LC26-06 would act as a set of guardrails for future data center projects in Kent County. The key themes of preservation and accountability are highlighted throughout the proposed ordinance and built upon the groundwork set by its northern neighboring county. Neighbors and activists, you have a chance to make your voices heard at the Kent County Levy Court in Dover on July 21st at 7:00 pm, virtually or in person. So, why do you need this ordinance to be passed?
You may not live next to a hyperscale data center today, but you may live to regret the noise pollution, high utility bills, and overtaken farmland without the ordinance’s help in keeping a facility in check.
The amendment addresses the noise levels regularly produced by these sites, which can reach upwards of 90 db(A). To put that in perspective, an everyday conversation is around 55 db(A). Noises 85 db(A) and above are dangerous and can lead to hearing loss after extended exposure. Data centers also produce low-frequency humming which can be felt from hundreds of feet away and can cause sleep disturbances, nausea and other health issues.
To combat these issues, the ordinance states that data centers cannot exceed the 55 db(A) level. A noise study completed by a licensed Delaware engineer must be submitted before and after construction study to show compliance. Diesel generators, which also have to comply with DNREC regulations, can only be tested Monday through Friday between 10:00 am and 4:00 pm, when most of us are awake. Noise is also reduced by acoustical barriers surrounding mechanical equipment on all four sides in or near residential zoning.
Local quality of life is preserved further by landscape buffers and setback limits on zoning. Native trees and plants will create a visual barrier alongside public roads and residential areas. All buildings must be a minimum of 300 feet from residential zoning districts, and accessory equipment such as generators and cooling towers must have a setback of at least 400 feet. Kent County would still be the home of Delawareans, not just another industrial site or data center valley.
Delaware agriculture accounts for 39% of state land, with Kent County making up 27% of state agriculture sales as of the 2022 Census of Agriculture from the USDA. With farmland preservation as a key priority, the ordinance permits data centers only in IL (Limited Industrial) and IG (General Industrial) zoning districts. IL zoning provides areas for industrial development that can be compatible for residential use and close to population centers. IG zoning is specifically for more intense industrial use to be concentrated in areas least impacting neighboring land use. Data centers would thus be prohibited from being built on farmland, and offensive features such as noise and pollution would be confined to their premises and within enclosed buildings.
Global climate change and increased water usage by data centers are severe external threats to Delaware’s water supply. Precipitation levels in Delaware have declined over the past three years, and rising temperatures across the globe could worsen droughts in coming summer and fall months. The ordinance would hold data center developers accountable to their water usage by making them provide written confirmation from their water utility provider that there will be adequate capacity for usage on site. They must also get confirmation if cooling would be compatible with the local water supply. Open-loop and once-through cooling systems would be prohibited unless they use reclaimed water or if the owner can demonstrate minimal environmental impact.
Similar guidelines also apply to electrical usage. Written confirmation must report that service is either available with the existing infrastructure or contingent on upgrades and where they would take place.
Before final plans are even approved, data center developers must provide letters of no objection from Delaware departments and agencies with jurisdiction. These include DNREC, Kent County Department of Public Works, and the applicable utility providers, among other Delawarean agencies. Many competent people are looking out for the best interests of residents and consumers of Delaware agriculture. With the long-term ramifications of data centers coming to light, we can rest assured that there will be widespread expertise required to approve of their development.
The hyperscale data center industry has experienced quite a boom over the last few years due to the rise of AI applications. With fears of the industry being in a bubble, Kent’s ordinance also sets guidelines on decommissioning to keep developers financially accountable. Any facility left unused for a year is deemed abandoned and must be removed from the land by the developer. If no good-cause exemption is provided, all building and equipment must be removed within 180 days of its abandonment status. The costs and plans of decommissioning the site must be submitted along with a development application. The builder is also held to a 100% financial assurance bond for the decommissioning of the site. Furthermore, decommissioning must return the state of the site to one that avoids and removes environmental hazards, such as erosion and waste.
Land preservation, corporate accountability, and responsible development are enforced throughout this piece of legislation. New Castle County’s ordinance is a great precedent in setting the tone for how Delawareans want their land to be used. And you and your neighbors can show up for Kent County on July 21st at 7:00 pm at 555 Bay Road, Dover Delaware. If you can’t make it in person, you can also post your public comment virtually with a meeting link.
Last night, July 21st, the Levy Court unanimously passed the data center ordinance. During the final days of the ordinance being developed, several amendments were drafted by the Kent Planning Department, and additional amendments were requested by the Commissioners prior to the vote. Key amongst these were amendments to resolve issues brought forward by concerned residents of Kent County on issues related to well water usage, testing for noise pollution in the evening, and ensuring each application for a data center gets a unique public hearing. There were 5 amendments already drafted by the planning department prior to the ordinance passing, dealing with many of these issues, but Commissioners promised to come back again in the coming weeks to pass additional amendments to resolve all other outstanding concerns, including requiring a public hearing for each project by making data centers a conditional use, rather than by-right, on industrial zoned land. Making sure that every data center gets a hearing and can be examined on a case-by-case basis is a top priority for the Sierra Club Delaware Chapter, and we will continue to work with the Levy Court and Planning Staff to ensure this comes to fruition.
One issue that was brought up several times is the fact that this is a County ordinance, meaning it only impacts county lands, not lands within municipal boundaries. Many residents from Cheswold and other municipal areas in Kent County came out last night to express concerns about potential data centers coming to their neck of the woods, and the Commissioners had to tell them that each municipality now needs to pass similar protections in order for these residents to have guardrails on the books. Sierra Club is committed to addressing this both at the municipal and state level to ensure ALL Delawareans are protected from the harms of data center development.
Thank you very much to all the community members and advocates, and a special shout-out to Sierra Club Executive Board Alum, Greg Layton, for all the work to get folks turned out for this hearing. We felt it was vital to have SOMETHING on the books to protect Kent residents, but the work is not over yet!
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