HomeMy WebLinkAbout2023-07-05 ORDINANCE NOc?O 30 7-0S
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:
1. 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.
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2. Data Center: A facility constructed and operated that is engaged in storage, management,
processing, and transmission of digital data, including facilities used for cryptocurrency
mining, which houses networked computer systems along with supporting equipment
such as batteries, back-up power generators, HVAC and cooling systems.
3. Decibel (dB): A unit for measuring the volume of a sound, equal to twenty (20)times to
the base 10 (10) of the ratio of the pressure of the sound measured to the referenced
pressure, which is twenty (20) micropascals (twenty (20) micronewtons per square
meter.)
4. Mechanical Equipment: The networked computer systems along with supporting
equipment such as batteries, backup generators, and cooling systems housed on the Data
Center's property.
5. Noise Attenuation: The reduction of noise levels through the use of sound-absorbing
material, architectural design techniques, and/or any other suitable means.
6. Noise Disturbance is any sound which:
a. Endangers or injures the safety or health of humans or animals; or
b. Annoys or disturbs a reasonable person of normal sensitivities; or
c. Endangers or injures person or real property.
7. Person: An individual, association, partnership, or corporation, including any officer,
employee, department, or agency.
8. Property Line: An imaginary line along the ground surface, and its vertical extension,
which separates the real property owned by one person from that owned by another
person, but not including intra-building real property divisions.
9. Sound: An oscillation in pressure, particle displacement, particle velocity or other
physical parameter, in a medium with internal forces that causes compression and
rarefaction of that medium. The description of sound may include any characteristic of
such sound, including duration, intensity and frequency.
10. Sound Level: The weighted sound pressure level obtained by the use of s sound level
meter and frequency weighting network, such as A, B, or C as specified in American
National Standards Institute specifications for sound level meters (ANSI SI. 4-1971, or
the latest approved revision thereof). If the frequency weighting employed is not
indicated, the A-weighting shall apply.
11. Sound Level Meter: An instrument which includes a microphone, an amplifier, RMS
detector, integrator or time averager, output meter, and weighting networks used to
measure sound pressure levels.
ARTICLE 3: Noise Attenuation Requirements
Before a Data Center has commenced construction or operating within this jurisdiction, the
property owner and operator proposing to build a Data Center shall comply with the following:
1. Notice Requirements
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a. The property owner and operator must notify all residents within a half-mile
radius of the parcel, including any affiliated homeowners' association operating
within the half-mile radius, that the property owner and operator intends to build
and operate a Data Center on the property. The notice required in this section
must be mailed to all postal addresses and homeowners' association addresses
contained within a half-mile radius extending from the property line where the
proposed Data Center will be built. Proof of notification shall be filed with the
city clerk's office within 30 days of providing notice. The property owner and
operator must notify the mayor that the property owner and operator intends to
build and operate a Data Center. The notification must include the location for the
proposed data center.
2. Noise Study Requirements
a. The property owner of the lands upon which the Data Center is to be located shall
conduct a sound study performed by a third-party acoustic engineer to document
baseline sound levels in the area of the proposed Data Center, including noise
levels measured at the property line in eight locations (north, south, east, west,
northeast, northwest, southeast, southwest.) The report of the study must include
sound mitigation recommendations based on the results of the sound study. The
property owner must provide a copy of the report of the study to the mayor and
file with the city clerk within 30 days of completion of the report.
3. Noise Attenuation Plan Requirements
a. The property owner must consult with a third- party architectural or design firm to
develop a building plan that includes necessary noise attenuation measures in
order to prevent the external sound level emanating from the Data Center from
exceeding the sound level limitations below which will be considered a noise
disturbance. The building plan is not required to adopt any or all of the noise
attenuation recommendations so long as the plan includes noise attenuation
measures that the architectural or design firm deems adequate to be in compliance
with this Ordinance. Noise attenuation measures may include but not limited to:
i. Soundproofing walls, screens, panels, fences, or enclosures
ii. Buffer yards
iii. Other noise attenuation measures recommended by the third-party acoustic
engineer
b. Mechanical equipment must be shown on any proposed plan and must be fully
screened on all sides. Mechanical equipment not screened by a facade of the
building must be screened by a visually solid fence, screen wall or panel, or
parapet wall and constructed with a design, materials, details, and treatment
compatible with those used on the nearest facade of the building.
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c. The property owner must provide a copy of the building plan to the mayor and
file with the city clerk within 30 days of completion of the plan prior to
construction.
d. Any additions, changes, or expansions of the Data Center must comply with the
noise attenuation requirements of this Ordinance and must be designed and
submitted to the mayor and filed with the city clerk within 30 days of completion
of the report.
4. Post Completion Noise Study Requirements
a. Upon the Data Center's completion,the Data Center operator must conduct a
post-construction noise study performed by a third-party acoustic engineer to
document noise levels emanating from the Data Center when mechanical
equipment is running at full capacity, including all HVAC units and generators
necessary for peak operation.Noise levels are to be measured at the property line
in the original eight locations used during the baseline study. The Data Center
operator must provide a copy of the report to the mayor and file with the city clerk
within 30 days of completion of the study.
b. The Data Center shall not begin operations until the completion of the post-
construction noise study and submission to the mayor and city clerk as required
above. In order for the Data Center to be in compliance,the noise study results
must show that its operation is in compliance with this Ordinance. If the results
show that the Data Center is not in compliance with this Ordinance, the Data
Center will be unable to commence operation until the required noise attenuation
measures and noise limitations are met.
c. Furthermore,the Data Center operator must conduct annual noise studies under
the baseline and post-construction studies specifications in accordance with
subsections (a) and(b) above. The Data Center operator must provide the results
to the mayor and file with the city clerk within 30 days after the anniversary date
of the first sound study report.
ARTICLE 4: Procedure for Measurement
All tests shall be conducted according to the following procedures:
1. Complaint Driven: When the measurement is the result of a complaint, measurements
will be taken at the property line of the receiving property.
2. Normal Monitoring: When the measurement procedure is in the normal course of
monitoring sound, the measurements will be taken at the real property line of the source
of the sound.
3. Outdoor Conditions: No outdoor measurements must be taken while winds exceed
(including gusts) 15 miles per hour; under conditions that will allow the sound level
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meter to become wet; or when the ambient temperature is out of range of tolerance on the
sound meter.
4. Calibration: The sound level meter must be verified and calibrated according to the
manufacturer's specifications immediately prior to taking the measurements.
5. Meter Placement: The sound level meter must be placed a minimum of four feet above
the ground or from any reflective surface. The microphone must be pointed at the sound
source.
6. Measurements: Measurements must include"high", "average", and"low"readings. If the
sound level meter does not provide these multiple readings, a minimum of three separate
measurements must be taken at a single location at varying time intervals. The average
sound level reading shall be used to determine whether there has been a violation of this
Ordinance.
7. Monitoring Report: The report for each measurement session must include:
a. The day, date and time of the measurements,
b. Date and time of recent calibration,
c. Temperature and wind speed the time of measurement,
d. Identification of the monitoring equipment,
e. Location, land use, and description of the source,
f. Location and land use of the listener, and
g. Sound level measurements.
8. Extraneous Sounds: If there are extraneous sound sources that are unrelated to the
measurements and increase the monitored sound level,the measurement shall be
postponed until these noises subside.
ARTICLE 5: Noise Limitations
It shall be unlawful for any Data Center to make, or continue to cause or permit to be made or
continued, noise levels constituting a noise disturbance. For the purposes of this section,the
external noise level emanating from Data Centers shall be deemed disturbing to a person,
reasonably calculated to disturb the peace and unreasonably offensive and injurious to the public,
or their property, if the sound level is:
1. 65 dBa or higher during the hours of 8 A.M.to 10 P.M. or 55 dBa or higher during the
hours of 10 P.M. to 8 A.M. (as determined by a third-party acoustic engineer)measured
at the property line of the receiving property.
2. The standard which may be considered in determining whether a violation of this
Ordinance exists includes but is not limited to the following:
a. The level or volume of the noise
b. The time of day or night the noise occurs
c. The duration of the noise
d. Whether the noise is recurrent, intermittent or constant
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e. Whether proper and reasonable noise attenuation methods were followed and
maintained
ARTICLE 6: Violations
1. Any or all of the following persons may be held responsible for noise violations:
a. The person operating the equipment or creating the noise;
b. The person who employs the person operating the equipment or creating the noise
at the time of the violation;
c. The person who owns or rents the property where the violation occurs.
2. The following acts, and the causing thereof, are declared to be in violation of this
Ordinance:
a. The sound level emanating from the Data Center exceeds 65 dBa or higher
during the hours of 8 A.M. to 10 P.M. or 55 dBa or higher during the hours of 10
P.M. to 8 A.M. measured at the property line of the receiving property.
b. The noise attenuation measures provided in the design plan to the mayor are not
incorporated in the construction of the Data Center.
c. Any of the required sound study results are not filed with the mayor and the city
clerk within 30 days of completion of the report.
d. The building plan is not filed with the mayor and the city clerk within 30 days of
completion of the plan prior to construction.
e. Failure to act in accordance with any other provision of this Ordinance.
3. All data centers shall be in compliance with the requirements of this Ordinance before
commencing operation; failure to do so will be deemed in violation of this Ordinance and
result in an injunction and/or a stay in commencing operation.
ARTICLE 7: Penalties
(1) Any person(s), firm, corporation, partnership, association, owner, occupant, agent or
anyone having ownership in the subject property or supervision or control over the Data
Center that violates or fails to comply with any provision of this Ordinance, shall be
guilty of a misdemeanor.
(2) Upon conviction of such violation, any offending party shall be punished by fine of$500
for any one specified offense or violation, or double that sum for repetition of the offense
or violation. If the act prohibited is continuous in time, the fine or penalty for allowing
the continuance thereof, in violation of this Ordinance, shall be $250 for each day that it
may unlawfully continue. If the prohibited act continues after conviction of violation, an
injunction in court of proper jurisdiction to abate the nuisance and violation of the
Ordinance may be sought and awarded.
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(3) The city or any citizen shall be entitled to pursue all legal and equitable remedies
available under the law in order to abate the nuisance and compel compliance with this
Ordinance, including injunctive relief and any civil damages the court deems appropriate.
(4) Until the Data Center is in compliance with this Ordinance and required noise attenuation
measures are implemented and noise limitations met, the data center shall cease
operations.
ARTICLE 8: Severability
If any provision of this Ordinance is found to be invalid by the decision of any court of
competent jurisdiction, such invalidity shall not affect the remaining sections, phrases, and
provisions of this Ordinance which remain valid and enforceable.
ARTICLE 9: Emergency Clause
The City of Batesville finds that the immediate implementation of this ordinance is necessary for
the preservation of the public's peace, health, safety, welfare, and property, an emergency is
hereby declared to exist and that this Ordinance is to be in effect immediately after its adoption.
PASSED and APPROVED this 4�day of_� 2023.
APPROVED:
Mayor Ric
ATTEST:
L104-1T.)M
Denise Johnston, C Clem
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