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Planning commission forwards data-center conditions and process recommendations after heavy public comment
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Summary
After lengthy commissioner discussion and extensive public comment, the Planning Commission voted to recommend that the Board of County Commissioners limit grandfathering for data centers to when construction begins and asked staff to draft text amendment language on generator testing windows, construction traffic management plans and decommissioning/bond requirements.
The Calvert County Planning Commission on April 21 reviewed a staff briefing on proposed text amendment No. 26-23 to add conditions for data centers and forwarded a package of recommendations to the Board of County Commissioners after extensive commissioner input and a large public-comment turnout.
Rachel O’Shea, deputy director of zoning, told commissioners the BOCC had directed staff to draft additional conditions for data centers and to return with options. The Planning Commission was asked to review and provide recommended language and comments for the BOCC’s consideration.
Commission discussion focused on setbacks, noise limits and metrics, required independent testing, site decommissioning bonds, generator-testing hours, construction traffic management plans, and grandfathering/vesting timing. One commissioner proposed a 1,200-foot residential setback and a 45‑dBA property‑line limit (40 dBC for low‑frequency noise), with ambient sound readings taken by a certified acoustical engineer before and after operation; another commissioner urged testing of existing facilities to check whether berms or other mitigation would be effective.
The commission voted unanimously to recommend to the BOCC that grandfathering for proposed data centers be tied to the start of construction rather than to early application dates, and separately voted to have staff prepare text amendment language to: limit generator testing to weekdays between 10 a.m. and 4 p.m., require a construction traffic management plan, and require a site decommissioning plan including a bond or escrow to cover removal and remediation costs.
Public comment that followed the staff and commissioner discussion ran long and detailed. Speakers raised concerns about noise, air and groundwater contamination, water-sewer capacity and rates, environmental impacts including a potential ‘‘data heat island’’ effect, and the transparency of negotiations and NDAs. Among the public speakers, Patrick Flaherty urged the commission to recommend deletion of data center language from the zoning ordinance and a clean restart of the process; Sherry Verdin (Marley Run) asked for a clear timeline showing how infrastructure planning and funding intersect with land-use decisions and flagged potential ratepayer impacts; others asked for an independent, peer‑reviewed noise study, limits on low‑frequency noise, stronger decommissioning guarantees and a one‑mile student safety zone adjacent to Southern Middle School.
O’Shea said the commission’s comments and recommendations would be compiled and presented to the BOCC at a future work session. The commission also asked staff to include the public’s written comments received through the submission deadline in the materials forwarded to the BOCC.
Next steps: staff will draft amendment language reflecting the commission’s directions and provide the BOCC the Planning Commission's recommendations (including the grandfathering recommendation and requested technical requirements). Commissioners and members of the public signaled they expect continued follow-up on independent testing, agency review and whether the BOCC will adopt the recommended language.
Votes at a glance: motion to recommend grandfathering only upon construction start — unanimous; motion to prepare text amendment language on generator testing windows, construction traffic management and decommissioning — unanimous.
