DUBUQUE COUNTY

DATA CENTER ORDINANCE DEVELOPMENT ROADMAP

A CLEAR PROCESS. PROTECTING LAND. SERVING PEOPLE. PLANNING FOR THE FUTURE.

ESTABLISH THE FOUNDATION

PUBLIC VISIONING

COMPREHENSIVE PLAN CONSISTENCY

FACT FINDING

  • Adopt guiding principles that drive every decision and ordinance provision.
  • Conduct independent technical assessments (not developer-provided).
  • Engage the public early and meaningfully.
  • Ensure all policies align with the Comprehensive Plan.
  • Verify compatibility with future land use, agricultural, conservation, and infrastructure goals.
  • Use “conditions” approach.
  • Define County priorities.
  • Land, utilities, environment, infrastructure, community, and economic analysis.
  • Hold workshops and stakeholder meetings.
  • Affirm commitment to public health & safety, land preservation, and fiscal responsibility.
  • Do not rely on developer-provided data. and priorities.
  • No ordinance language should contradict the Plan
  • Document community values and priorities.
  • Ensure transparent public process.
  • Map exclusion areas: prime farmland, floodplains, wetlands, karst, parks, schools, scenic corridors, historic resources, etc.
  • Identify only limited Opportunity Areas.

INFRASTRUCTURE CAPACITY STUDY

FISCAL IMPACT ANALYSIS

  • Require applicant-funded, independent studies.
  • Conduct independent fiscal impact review.
  • Evaluate electrical, water, wastewater, roads, bridges, fiber, emergency services, and more.
  • Evaluate revenues, expenses, services, infrastructure, long-term maintenance, and opportunity costs.
  • No approval until deficiencies are identified and funded. Net fiscal benefit must be demonstrated over 30 years.

RISK ASSESSMENT

  • Assess environmental, economic, and community risks.
  • Identify and evaluate potential short- and long-term impacts.
  • Plan for mitigation and contingencies.

ORDINANCE FRAMEWORK

PUBLIC REVIEW & ADOPTION

  • Draft ordinance with clear standards and requirements.
  • Publish draft for public review (minimum 30 days).
  • Include zoning, siting, environmental, operational, performance, monitoring, financial assurance, enforcement, and decommissioning.
  • Planning & Zoning, Township, Utility, and Legal review.
  • Public hearing(s).
  • Revise as needed.

POST-ADOPTION IMPLEMENTATION & OVERSIGHT

  • Require annual reporting from data center operators.
  • Monitor compliance through inspections and audits.
  • Report publicly on performance and impacts.
  • Review ordinance annually and update as needed.

ANNUAL REPORTS SHOULD INCLUDE:

  • Water use • Tax revenue
  • Electrical consumption • Environmental monitoring
  • Jobs and payroll
  • Noise and light complaints Emergency responses
  • Emergency responses
  • Compliance history
  • Decommissioning fund status

ORDINANCE KEY COMPONENTS (INCLUDED IN PHASE 9)

SITING STANDARDS

INFRASTRUCTURE REQUIREMENTS

OPERATIONAL STANDARDS

PERFORMANCE STANDARDS

PUBLIC HEALTH & SAFETY

FINANCIAL ASSURANCE

ENFORCEMENT

  • Setbacks & buffers • Noise • Road improvements
  • Emergency plans
  • Max decibel levels
  • Protect public health
  • Max decibel levels Max light spill
  • Protect public health
  • Road bond
  • Annual inspections | Inspections
  • Define data center.
  • Minimum acreage • Lighting
  • Bridge improvements | Hazardous materials
  • Max light spill
  • Emergency response
  • Stormwater bond
  • Violations
  • Emergency response coordination
  • Independent audits
  • campus, expansion.
  • Max footprint Heat
  • Traffic control
  • Generator testing
  • Max water use coordination• Landscaping bond• Water monitoring
  • Landscaping bond
  • Civil penalties
  • and accessory uses
  • Air emissions
  • Utility upgrades • Battery storage
  • Max emissions
  • Fire safety
  • Decommissioning
  • Noise testing
  • Fire safety
  • Maintenance
  • Chemical & fuel storage safety
  • Specify when permits
  • Fiber
  • Maintenance
  • Max vibration storage safety bond • Lighting verification
  • Permit revocation
  • are required • Setbacks & buffers
  • Building height limits
  • Water conservation
  • Utility restoration bond
  • Power
  • Snow removal
  • Annual reporting
  • Injunction authority
  • Air & water quality protection
  • Never permitted
  • Minimum acreage
  • Road frontage
  • Wetlands
  • Water
  • Security
  • Never p by right
  • by right • Visual screening & • Groundwater
  • Environmental
  • [F
  • [F23]
  • [F22]
  • [F2]
  • landscaping
  • Tree preservation
  • cleanup bond
  • [F3] 2 [F4]
  • [F25] [F7] [F22]
  • Dust

DECOMMISSIONING

Foundation Utility

Equipment

Foundation Removal

Soil

Removal Removal Removal Restoration

Removal

Agricultural

Agricultural

Restoration

Bond release only after completion

CROSS-CUTTING PRINCIPLES

AVOIDANCE – Can impacts be avoided?

MINIMIZATION – Can remaining impacts be reduced?

MITIGATION – Can unavoidable impacts be offset?

MONITORING – Will compliance be verified over time?

ENFORCEMENT – Are meaningful remedies available?

DECISION GATE MATRIX (ALL GATES MUST BE PASSED)

1 Comprehensive Plan Consistent with adopted county plans.

2 Site Suitability Outside exclusion areas or meets strict exceptions.

3 Infrastructure Capacity exists or upgrades are fully funded by developers.

4 Environmental Protection Independent studies demonstrate compliance.

5 Fiscal Neutrality Public costs fully covered and long-term benefits demonstrated.

6 Community Compatibility Noise, lighting, traffic, visual impacts meet standards.

7 Financial Assurance Bonds and guarantees in place before construction.

8 Public Interest Board finds project advances public health, safety, and welfare.

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PROTECT LAND. PROTECT RESOURCES. PROTECT OUR FUTURE.