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when Commissioner Amie Vassey explained to her fellow commissioners and work session attendees that she had learned that an individual had inquired about land in the County with the potential of constructing a data center.
“I had a citizen reach out to me and say that they had received a report that there was a company or a person intending to bring a data center to Montgomery County, and of course, when I hear these things, I always assume they're gossip to start with until I can research it and find some facts. So, I called the chief tax appraiser at the appraiser's office, and I did a telephone interview with her, and she did confirm that in January, a gentleman came to her office, and he specifically looked at parcel 036-12 and 036-13, which are currently owned by Georgia Transmission/ Georgia Power. He indicated that he was intending to lease that land to build a data center. Now, I looked this parcel up, and because it's masked, you can't really see that acreage compared to parcels around it. It appears to be roughly two acres, and if you do a satellite view – I have not had an opportunity to drive by this parcel myself – it appears to currently be some sort of substation,” she told the commissioners.
Vassey asked the commissioners if they were aware of this and began sharing information about data centers to explain her concern. She explained that she had learned that most data centers were very large – requiring 2001,000 acres – but there were also smaller facilities, known as edge centers, that sit on 1.5 to 2-acre plots, which is what she believes this potential center would be. After looking further into the plot of land, Vassey said that she had discovered it was at the intersection of Braddy Road and Hilton Memory Road. She also shared concerns about the long-term effects on citizens’ health and homes because of the vibration and noise from these centers, as well as the amount of water which they would use, which would harm the agriculture within the County.
Since then, citizens have also spoken out about the potential of data centers entering the county, as many have shared they do not want these facilities near their homes. During the work session on Thursday, June 4, citizen Adam Craft spoke to the commissioners about his experience and knowledge of data centers, as he has worked to build them throughout his career.
He began by explaining that he had lived in Montgomery County for 60 years, and was concerned about recent developments in the County, including the new Amazon facility, the Silicon Ranch Solar Farm, and potential data centers. “These companies come in, and even though they butter it up and make it sound great, it's not all what it seems to be in the end,” Craft explained. “Even though it's here, it's already done, and there's nothing we can do about it, the problem I am having with this — and I think a lot of people are — is the fact that none of the citizens knew about it [coming] and about the solar fields [being built].”
Craft continued, “Now what I do for a living is construction — construction of all types of different buildings, systems, and very high secure areas. The way these things operate is once they get in, they can multiply just like rabbits — doing what they want to do, taking over what they want.”
He referenced the high voltage transmission lines, which will be used to power a data center, that are being built in Toombs, Emanuel, and Washington Counties from Plant Hatch to Wadley. Craft emphasized that people’s land was being taken for these lines through eminent domain, and that this action was not even necessary, as Plant Vogtle is closer to Wadley than Plant Hatch, as he stressed that these data centers are not designed to help the citizens of the communities surrounding them.
Craft told the commissioners that he was concerned about the multiple back-up systems that these data centers would require, as he said that even a small data center could grow into a large problem.
“What we need to do is to be alerted. All citizens of Montgomery County need to know when these people are coming to look [at putting development in], so we can say, ‘Hey, what are the benefits of it?’ [We don’t need to be informed] after the fact that the land's been cleared, the money's been allocated, and the permission's been granted. We need it before, when they first come to look at the land, or look at anything in the streets. We need to know,” he concluded.
Later, during the work session, the commissioners discussed the possibility of creating a land use ordinance, would place rigid restrictions on anyone attempting to construct data centers within the County.
County Manager Heather Scott told the commissioners that she had shared the commissioners’ concerns about data centers with County Attorney Ron Daniels, and he had worked to draft a land use ordinance. He also clarified why the commissioners could not simply pass legislation saying that no data centers could be in the County without implementing zoning within the county because it would deny citizens their constitutional right to do with their property what they wish.
“Through the Constitution of the United States and the Georgia Constitution, you have the right to enjoy and use your property,” Daniels explained, as he said that deliberate restrictions on data centers could only be made if zoning was effective in the counties – meaning that there were no areas zoned for data centers – or if a special use permit ordinance was in place. “Generally, you’re entitled to have your property and do with it what you please. It's your property you get to do with it what you want to, except for when the government takes it.”
Commissioner Leland Adams and Commissioner Vassey briefly discussed whether the County should seek zoning to ensure that data centers are dealt with, but Vassey stated that she had not spoken with any citizens who were in favor of zoning and felt like the issue needed to be addressed more quickly than what it would take to enact zoning.
Daniels overviewed the draft of the land use ordinance, as he explained several of its guidelines, including: A $10,000 fee to ap ply for the permit to create a data center e provision of the property’s address; the name, address, phone number, and email address of the facility’s constructor; the name of the facility’s operator; the names and addresses of any individual or entity having ownership interest in the applicant; and the names of any businesses or businesses which the data center is employed by or associated with or a member of A statement under oath that its members, itineraries, and affiliates are not owned in whole or in part and are not managed, controlled in whole or in part by a foreign country or countries A statement under oath that the applicant, its successors, and so forth, will not seek a tax abatement for the data center Details about the center’s structure A topographical study of the area which the center will be located Two community meetings, which will be scheduled after the permit application is submitted but before the Commissioners review it; these meetings must take place between 5 p.m. and 8 p.m.; the meetings must be advertised in the newspaper Provide copies of all the information that's required in the application, including the environmental impact analysis, to the public Post signs around the parcel where the potential data center could be with the date and time of all those things; these signs must remain up through the concluding of the meeting Send every prop erty owner and residents within one-and-a-half mile distance from the property lines a letter informing them of the meetings Design must mini mize any adverse visual effects Centers must be painted either Sherwin-Williams SW7742 or Behrs S4005M, often known as “Go Away Green” Must have a 1,500 tt. barrier from the property line to the center, or from the center to any public right of way Must be 3 miles from any body of water Must be 3 miles from any property which is primarily being used for agricultural purposes and has regularly or historically used an irrigation system for those agricultural purposes For every one-acre in which a facility is proposed to be built, three acres has to remain undisturbed Must be surrounded by minimum 8-foot high anti-climb fencing Maximum noise that can be heard from 25 feet from the property line is 35 decibels (equivalent to the sound of a dishwasher running) Backup generators that exceed the maximum sound level is not permitted at any time except for an emergency power outage Construction man agers must coordinate with the county manager, the fire chief, the EMS director, the sheriff, and the road superintendent; these officials may require a bond for any construction traffic Equipment gen erators, substation enclosures, and screening must be internal and 1,500 feet from the property line An environmen tal impact analysis must be procured from a third party who is not affiliated with the applicant or any governmental entity that regularly does business in that field Final copies of the findings of the environmental impact analysis must be given to any adjacent property owner 30 days prior to any community meeting, and the copies have to be available to the public at the community meeting Must coordinate with our EMA director or their designee to perform specialized training at least once annually to include all the public safety agencies, and reimburse the county for all costs to perform any kind of specialized training and any necessary equipment related to the data center facility If there are ba(ery backups, center must have specialized equipment to be able to extinguish the fires If the Center is sold or ownership is transferred, a new permit must be filed and all requirements must be met, again “I think this is perhaps the most restrictive special use permit for data centers currently being considered by any county or municipal government in the state of Georgia that does not have zoning,” Daniels summarized. “Prohibitions are really the meat of this. You retain the right to deny or revoke a permit upon any of the following purposes.”
Commissioners continued to discuss the issue, as they asked Daniels about things that they could to help strengthen the ordinance.
During the Commissioners’ monthly meeting on Monday, June 8, Citizen Matthew Beggarly addressed the issue, as he asked the Commissioners to work to block data centers from entering the County, and suggested implementing a limitation on the amount of square footage that a data center could be, as he stated this is an easy way to deter potential data center developers. “You can limit the maximum square footage of any building in the county. A 20,000 square foot data center is basically a closet for a data center – nobody is going to move,” he said.
Beggarly added, “The thing to keep in mind is that if you do allow them, you're opening up the door for land grabbing in the county. A handful of people buy up every possible potential parcel of land at three times the market value and turn it around and sell it for a hundred times the market value, regardless of what the people want.”
He also suggested requiring data centers to be operated on closed water loop systems to help avoid pumping water from these centers back into agricultural or residential usage. “You can also require a company to go ahead and donate or invest into an environmental protection fund that is managed by the county. It's substantial,” Beggarly continued. “The $10,000 application fee is a drop in the hat for a million-dollar company, but a $2.5 million up-front potential environmental impact could save this county millions in the long run. If we had to start busing or trucking in water for residents or for farmland, you're now talking hundreds of millions of dollars. So, remember, please take that into consideration. These places thrive when there's no competition for resources. They don't care about how many people live in this county and how many people care about the county.”
During the meeting, County Manager Scott asked commissioners to continue reviewing the land use ordinance draft, and to share anything that they would like added or changed within the next month, as she hoped the commissioners could vote on the legislation at the next monthly meeting, which is slated for Monday, July 13.
