The Town of Davis had the first of two, maybe three, readings of a proposed “Ordinance to Abate Excessive Noise Where Such Noise is Deemed a Public Nuisance.” The reading was held during the body’s Aug. 12 meeting at Davis Town Hall.
The Ordinance was described by Mayor Al Tomson during the meeting to be an industrial noise ordinance targeted as a “preemptive measure.”
Under the Ordinance, “Noise from the operation of any Data Center, Data Center Accessory, Electric
Generating facility, Industrial facility, or any combination thereof, at any Receiving
Property may not exceed 65 dB during daytime hours (7:00 a.m. to 6:00 p.m.) and may
not exceed 50 dB during evening hours (6:00 p.m. to 10:00 p.m.), and may not exceed
45 dB during nighttime hours (10:00 p.m. to 7:00 a.m.).”
It also outlines that, “The sound from Data Center, Data Center Accessory, Electric Generating facility, Industrial facility, or any combination thereof shall not be plainly audible within a residential dwelling between the hours of 10 p.m. and 7 a.m..”
Further clarification on decibel levels outlined in the Ordinance are:
1. The sound from Data Center, Data Center Accessory, Electric Generating
facility, Industrial facility, or any combination thereof shall not exceed 50
dB(A) during daytime and evening hours.
2. The sound from Data Center, Data Center Accessory, Electric Generating
facility, Industrial facility, or any combination thereof shall not be plainly
audible within a classroom, and the ambient background noise in
classrooms shall not exceed 35 dB(A).
The Ordinance also has provisions for testing and compliance safeguards that include Pre-Construction Acoustic Modeling, Post-Construction Verification, Mandatory Real-Time Monitoring and restrictions on Emergency Infrastructure Testing such as testing of diesel backup generators or emergency cooling systems and routine maintenance testing.
The Enforcement section of the Ordinance reads as follows:
Data Center, Data Center Accessory, Electric Generating facility, Industrial facility, or any combination thereof, exceeding the thresholds serving as prohibitions in this ordinance shall be deemed a public nuisance. The Town of Davis, or any resident, owner or lessor of a Receiving Property may take legal action to abate such nuisance.
“I wonder though if we are acting for the Town, maybe we need to have the Town weigh in on it,” Fleischman said.
Tomson said that bringing the measure before the Town for a vote would be difficult. He said bringing a measure before the Town for a vote is done rarely.
“We do that very rarely, like if we were to do a Zoning Ordinance again, we would do a vote,” Tomson said. “But something like this, we were elected to do business for the Town. I think this falls under our responsibility to just be good stewards and do what we think is right for the Town.”
The purpose of the first reading, according to Tomson, is to give people notice of the proposed ordinance and allow any concerned citizens the opportunity to attend the next meeting to voice their opinions at the second reading.
Should there be any objections at the second reading, a third reading will be held, Tomson said.
Tomson said there will also be additional ordinances being addressed by the council in the future including a Grease Trap Ordinance and a William Avenue Parking Ordinance for Winter.
[PROPOSED] ORDINANCE TO ABATE EXCESSIVE NOISE WHERE SUCH NOISE IS DEEMED A PUBLIC NUISANCE
WHEREAS, the Town of Davis finds that certain levels of noise, from certain industrial
sources, constitute a threat to the public health, safety, and welfare of the community; and,
WHEREAS, certain levels of such noise may also constitute a public nuisance; and
WHEREAS, data centers and associated power stations are a rapidly expanding use, which pose a particular threat to the health, safety, and welfare of the community by, among other impacts, exerting a consistent and harmful source of vibration and low-frequency noise,
WHEREAS, Chapter Eight, Article Eleven, Section 4 of the West Virginia Code (8 W.Va. Code § 11-4) provides authority for municipalities to adopt ordinances for the protection of health safety and welfare of the community,
BE IT THEREFORE ENACTED AS FOLLOWS,
No Data Center, Data Center Accessory, Electric Generating facility, Industrial facility, or any combination thereof, shall cause or contribute to sound levels in excess of the prohibitions established herein. Violation of the standards of this ordinance shall be considered a public nuisance.
A full copy of the ordinance can be found at the Town of Davis website, the Town of Davis Facebook page or at Davis Town Hall.
Caption:
The Town of Davis Council had its first reading of a proposed “Ordinance to Abate Excessive Noise Where Such Noise is Deemed a Public Nuisance” at the body’s Aug. 12 meeting in Davis.
