2023-07-25-AGENDA - Laserfiche WebLink

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ORDINANCE NO. AN EMERGENCY ORDINANCE ADOPTING CERTAIN RULES AND REGULATIONS CONCERNING EXTERNAL NOISE ATTENUATION OF DATA CENTERS AND TO PREVENT NOISE DISTURBANCE IN THE CITY OF BATESVILLE; TO DECLARE AN EMERGENCY; AND FOR OTHER PURPOSES WHEREAS, the equipment associated with the cooling systems and generators required to operate data centers generate broadband noise and low -frequency hums that result in noise disturbance. Noise disturbance is the cause of degradation and may produce negative impacts on public health, property, and the environment. WHEREAS, noise attenuation should be an integral part of the design and construction of data centers in order to prevent noise pollution and noise disturbance. WHEREAS, the City finds that the public interest is served by the prevention of unreasonable noise emanating externally from the Data Centers and the provisions of this Ordinance are enacted for the purpose of preserving and protecting the public health, safety, welfare and property of the citizens of Batesville, Arkansas. THEREFORE, BE IT ORDAINED BY THE CITY OF BATESVILLE, ARKANSAS, AS FOLLOWS: ARTICLE 1. Purpose and Applicability All Data Centers constructed within this jurisdiction shall be designed and built to incorporate external noise attenuation measures in order to minimize the impact of noise disturbance on the residents of Batesville, Arkansas. This ordinance shall apply to limit the noise disturbance originating within the municipal limits of Batesville, Arkansas. ARTICLE 2: Definitions For the purpose of this Ordinance, the following definitions shall apply unless the context clearly indicates or requires a different meaning: Ambient Noise: The all -encompassing noise level associated with a given environment, being a composite of sounds from all sources, excusing the alleged offensive noise, at the locations and approximate time at which comparison with the alleged offensive noise is to be made.