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2023-07-05
CITY-OF-BATESVILLE
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2023-07-05
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a. The property owner and operator must notify all residents within a half-mile <br /> radius of the parcel, including any affiliated homeowners' association operating <br /> within the half-mile radius, that the property owner and operator intends to build <br /> and operate a Data Center on the property. The notice required in this section <br /> must be mailed to all postal addresses and homeowners' association addresses <br /> contained within a half-mile radius extending from the property line where the <br /> proposed Data Center will be built. Proof of notification shall be filed with the <br /> city clerk's office within 30 days of providing notice. The property owner and <br /> operator must notify the mayor that the property owner and operator intends to <br /> build and operate a Data Center. The notification must include the location for the <br /> proposed data center. <br /> 2. Noise Study Requirements <br /> a. The property owner of the lands upon which the Data Center is to be located shall <br /> conduct a sound study performed by a third-party acoustic engineer to document <br /> baseline sound levels in the area of the proposed Data Center, including noise <br /> levels measured at the property line in eight locations (north, south, east, west, <br /> northeast, northwest, southeast, southwest.) The report of the study must include <br /> sound mitigation recommendations based on the results of the sound study. The <br /> property owner must provide a copy of the report of the study to the mayor and <br /> file with the city clerk within 30 days of completion of the report. <br /> 3. Noise Attenuation Plan Requirements <br /> a. The property owner must consult with a third- party architectural or design firm to <br /> develop a building plan that includes necessary noise attenuation measures in <br /> order to prevent the external sound level emanating from the Data Center from <br /> exceeding the sound level limitations below which will be considered a noise <br /> disturbance. The building plan is not required to adopt any or all of the noise <br /> attenuation recommendations so long as the plan includes noise attenuation <br /> measures that the architectural or design firm deems adequate to be in compliance <br /> with this Ordinance. Noise attenuation measures may include but not limited to: <br /> i. Soundproofing walls, screens, panels, fences, or enclosures <br /> ii. Buffer yards <br /> iii. Other noise attenuation measures recommended by the third-party acoustic <br /> engineer <br /> b. Mechanical equipment must be shown on any proposed plan and must be fully <br /> screened on all sides. Mechanical equipment not screened by a facade of the <br /> building must be screened by a visually solid fence, screen wall or panel, or <br /> parapet wall and constructed with a design, materials, details, and treatment <br /> compatible with those used on the nearest facade of the building. <br /> 3 <br />
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