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Waxhaw board directs clerk to draft data‑center moratorium, plans hearing for August
Summary
After a staff briefing on local and state activity, commissioners voted to direct the clerk to prepare a moratorium ordinance on data‑center approvals so the town can study noise, heat, utility and decommissioning rules; staff noted House Bill 1189 (a proposed two‑year moratorium) is pending in the state rules committee.
Senior staff Janet (speaker 12) summarized the emerging regional approach to data centers and said the town currently treats server farms as allowable in certain EC zoning districts but lacks specific standards for modern large‑scale data centers. She noted that House Bill 1189 — the "Data Center Transparency Act" — would impose a two‑year moratorium beginning 08/01/2026 if enacted; the bill was described as sitting in the House Rules Committee.
Janet listed regulatory issues that would need to be addressed in a local ordinance: definitions for data centers, minimum parcel sizes, separation and buffering, noise and heat studies, utility capacity requirements, and decommissioning procedures. Several commissioners said they favored a moratorium to allow time for drafting a protective ordinance; one commissioner suggested an initial moratorium period of a year or longer to provide a cushion for research and public engagement. Town counsel (speaker 11) explained the statutory criteria required for moratoria: the town must state the problems the moratorium is intended to solve, explain why alternatives are inadequate, define what uses will be subject, set a termination date, and describe actions the town expects to take during the moratorium.
The board voted to direct the clerk to prepare a moratorium and to schedule a public hearing so the board could consider adoption after hearing public input—staff aimed to publish notice and hold the hearing on August 11. No moratorium ordinance was adopted at Tuesday’s meeting; the motion directed staff to draft the ordinance language and notice schedule.
