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Board asks staff to draft data-center ordinance after public concerns about Technology Overlay District
Summary
After extensive public comment on proposed Technology Overlay District provisions, the New Kent County Board of Supervisors directed staff to draft a data-center ordinance within roughly two months that would include public-hearing requirements and protections for water and power resources.
The New Kent County Board of Supervisors asked county staff to draft a data-center ordinance after multiple residents raised concerns about a proposed Technology Overlay District that could streamline approvals for large data centers.
Residents at the June 8 meeting told the board the overlay, as presented, would create an administrative pathway for future data-center projects that could bypass project-specific public hearings if minimum standards are met. "Planning is not approval, but streamlining is streamlining," said Mike Joyce, who urged the board to clarify standards, safeguards, exceptions and enforcement before adopting a separate approval lane for major corporations.
Aaron Merrion, identifying himself as an inspector general in the U.S. Army, told the board to consider water-supply implications, noting the county's public notice for a raw-water intake project and warning that data centers could draw far more water than planned. "How does the board plan to prepare for a deficit of up to 42 million gallons per day?" he asked.
Kirsten Quazesi said constituents have not heard where the board stands on data centers and urged transparency on tax abatements, conflicts of interest and water usage. "We don't really know why we haven't heard specific opinions from our own New Kent County Board of Supervisors," she said.
In response, several supervisors said they want an explicit draft ordinance, not only an overlay map. "Before I'm prepared to vote on the TOD, I would like to see a draft data center ordinance in the next two months," said a board member, calling for provisions that protect county water and power, require public hearings and require data centers to "pay their way." Staff indicated a draft presentation can be prepared for the board prior to any formal planning commission hearing.
No formal ordinance vote occurred at the meeting; the board's action was direction to staff to prepare a draft ordinance and bring it back for review and public comment. The discussion followed public comment and will be revisited in upcoming public meetings and town halls.
The board has not yet decided whether to retain an overlay with an administrative approval track or to adopt performance standards that require use permits and public hearings similar to the county's solar standards. Board members said they will solicit additional community feedback in coming weeks.
