09/02/2026
At tonight’s town hall following the city council meeting in Childersburg I handed Councilman Wallace a copy of the following moratorium proposal.
We will see how the council responds.
ORDINANCE NO. ______
AN ORDINANCE OF THE CITY OF CHILDERSBURG, ALABAMA, ESTABLISHING A TWELVE-MONTH TEMPORARY MORATORIUM ON CERTAIN APPROVALS FOR HIGH-INTENSITY COMPUTING AND DIGITAL PROCESSING FACILITIES WITHIN THE CHILDERSBURG INDUSTRIAL PARK; DIRECTING A COMPREHENSIVE REVIEW OF LAND-USE, INFRASTRUCTURE, WATER, ELECTRICAL, NOISE, ENVIRONMENTAL, PUBLIC-SAFETY, AND COMMUNITY-IMPACT STANDARDS; ESTABLISHING TECHNOLOGY-NEUTRAL DEFINITIONS AND ANTI-CIRCUMVENTION PROVISIONS; ESTABLISHING INDEPENDENT AND PUBLICLY REVIEWED TECHNICAL EXPERT SELECTION PROCEDURES; PROVIDING FOR LIMITED EXCEPTIONS; AND PROVIDING AN EFFECTIVE DATE
WHEREAS,
The City of Childersburg, Alabama, possesses zoning and land-use authority pursuant to applicable Alabama law to regulate the use, development, location, character, and intensity of land and structures within the City's jurisdiction; and
WHEREAS,
the Childersburg Industrial Park constitutes a significant industrial and economic-development asset of the City and Talladega County and contains substantial acreage intended for industrial development; and
WHEREAS,
the Childersburg Industrial Park contains or has access to substantial electrical, water, sewer, natural-gas, telecommunications, transportation, and other infrastructure; and
WHEREAS,
the City recognizes that large-scale computing and digital-processing facilities can have infrastructure and operational characteristics materially different from conventional industrial users, including substantial electrical demand, high-density computing equipment, cooling systems, water consumption, emergency generation, continuous mechanical operation, noise, heat rejection, telecommunications infrastructure, and associated utility requirements; and
WHEREAS,
the City has previously amended its zoning regulations concerning data centers and related uses; and
WHEREAS,
the City Council finds that additional technical information and regulatory analysis are necessary to determine whether existing regulations adequately address the potential scale, intensity, infrastructure requirements, and community impacts associated with high-intensity computing and digital-processing facilities; and
WHEREAS,
the City Council finds that a temporary moratorium is reasonably necessary to preserve the City's ability to conduct an orderly planning process before additional discretionary approvals are issued that could materially affect the City's long-term land-use pattern, infrastructure capacity, water resources, electrical system, surrounding properties, and public services; and
WHEREAS,
the purpose of this Ordinance is temporary and regulatory in nature and is intended to allow the City sufficient time to evaluate appropriate generally applicable standards for high-intensity computing and digital-processing facilities rather than permanently prohibit such facilities; and
WHEREAS,
the City Council intends that any permanent regulations adopted following this review shall be based upon objective planning considerations, competent technical information, and standards capable of being applied consistently to similarly situated uses; and
WHEREAS,
the City Council further finds that public confidence in technical studies and regulatory decisions requires meaningful safeguards against actual or perceived conflicts of interest, including transparent selection of independent technical professionals and public disclosure of their qualifications, relationships, compensation, methodologies, and findings;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CHILDERSBURG, ALABAMA, AS FOLLOWS:
SECTION 1. PURPOSE AND INTENT
The purpose of this Ordinance is to establish a temporary twelve-month moratorium on specified discretionary approvals for High-Intensity Computing and Digital Processing Facilities within the Childersburg Industrial Park while the City conducts a comprehensive evaluation of appropriate land-use, infrastructure, environmental, public-safety, and performance standards.
The twelve-month period is intended to provide sufficient time for the City Council, Planning Commission, municipal staff, technical consultants, utilities, emergency-service providers, affected governmental entities, property owners, and members of the public to meaningfully evaluate the long-term implications of such facilities.
SECTION 2. DEFINITIONS
A. High-Intensity Computing and Digital Processing Facility
"High-Intensity Computing and Digital Processing Facility" means any building, group of buildings, campus, parcel, group of parcels, or other development whose principal purpose, or substantial operational function, is the housing, operation, processing, storage, transmission, management, or support of substantial quantities of computing or digital-processing equipment.
The term includes, without limitation:
1 data centers;
2 hyperscale data centers;
3 enterprise data centers;
4 colocation data centers;
5 cloud-computing facilities;
6 artificial-intelligence computing facilities;
7 machine-learning computing facilities;
8 high-performance computing facilities;
9 supercomputing facilities;
10 cryptocurrency-mining facilities;
11 blockchain-processing facilities;
12 server farms;
13 server campuses;
14 digital-processing campuses;
15 computing campuses;
16 distributed-computing facilities;
17 edge-computing facilities exceeding applicable intensity thresholds;
18 dedicated artificial-intelligence processing facilities;
19 facilities principally engaged in large-scale digital storage or processing;
20 facilities principally engaged in rendering or other computationally intensive processing;
21 facilities principally engaged in digital-asset processing;
22 facilities principally engaged in large-scale scientific or engineering computation;
23 facilities principally engaged in cloud or network infrastructure;
24 modular or containerized computing facilities;
25 prefabricated or mobile computing facilities installed or operated on a permanent or semi-permanent basis;
26 phased computing campuses;
27 facilities operated by multiple tenants where the combined use constitutes a High-Intensity Computing and Digital Processing Facility; and
28 any other substantially similar facility, regardless of the terminology used by an applicant, owner, developer, operator, utility, marketing entity, or other party to describe the facility.
The classification of a proposed use shall be determined based upon the actual or reasonably anticipated physical characteristics, operational function, infrastructure requirements, and intensity of the proposed use rather than solely upon the name or description supplied by an applicant.
B. Industrial Park
"Industrial Park" means the area generally identified by the City of Childersburg or Talladega County Economic Development Authority as the Childersburg Industrial Park, including parcels subject to the City's applicable PUD, industrial, or related zoning classifications.
The Planning Director, City Engineer, or other designated municipal official shall identify the precise geographic area to which this Ordinance applies using official City zoning and parcel records.
SECTION 3. FUNCTIONAL AND INTENSITY-BASED APPLICATION
For purposes of determining whether a proposed development constitutes a High-Intensity Computing and Digital Processing Facility, the City may consider, individually and cumulatively:
1 electrical demand;
2 electrical service capacity;
3 number and density of computing devices;
4 server capacity;
5 computing capacity;
6 cooling-system capacity;
7 water consumption;
8 wastewater generation;
9 backup-generation capacity;
10 fuel-storage capacity;
11 mechanical-equipment capacity;
12 building area;
13 number of buildings;
14 number of computing modules or containers;
15 number of tenants or operators;
16 anticipated hours of operation;
17 anticipated continuous operation;
18 heat-rejection capacity;
19 telecommunications infrastructure;
20 substations and electrical equipment;
21 transmission or distribution infrastructure;
22 generator capacity;
23 transformer capacity;
24 power-density characteristics; and
25 other objective characteristics reasonably indicative of a high-intensity computing or digital-processing use.
No single factor shall necessarily be determinative.
SECTION 4. ANTI-AVOIDANCE PROVISION
No person, entity, owner, developer, operator, applicant, tenant, or affiliated entity may avoid application of this Ordinance by:
1 changing the name or terminology used to describe the proposed facility;
2 dividing the facility into multiple buildings;
3 dividing the facility into multiple parcels;
4 dividing the development into multiple phases;
5 describing the facility as an industrial, manufacturing, technology, telecommunications, warehouse, research, or other use when its actual principal function is high-intensity computing or digital processing;
6 using separate legal entities for different portions of the facility;
7 locating electrical, cooling, generation, telecommunications, or other supporting infrastructure on separate parcels;
8 characterizing computing equipment as accessory equipment where the computing function is actually the principal use;
9 utilizing temporary, modular, mobile, containerized, or prefabricated structures;
10 establishing multiple facilities that are functionally integrated or operationally dependent upon one another; or
11 otherwise restructuring the physical, legal, operational, or organizational form of the development for the purpose of circumventing this Ordinance.
Functionally integrated facilities shall be evaluated based upon their combined characteristics and reasonably foreseeable operation, notwithstanding separate ownership, leasing, parceling, construction phases, or applications.
SECTION 5. AFFILIATED OR PHASED DEVELOPMENT
Where multiple parcels, buildings, applications, tenants, or development phases are reasonably related to a common computing operation, the City may evaluate the proposed development collectively for purposes of determining whether it constitutes a High-Intensity Computing and Digital Processing Facility.
Factors may include:
1 common ownership or control;
2 common management;
3 common electrical infrastructure;
4 common substations;
5 common cooling infrastructure;
6 common water infrastructure;
7 common telecommunications infrastructure;
8 common security infrastructure;
9 common access roads;
10 shared buildings or equipment;
11 coordinated construction;
12 common contractual arrangements;
13 common utility service;
14 common operational purpose; and
15 other evidence demonstrating functional integration.
SECTION 6. EXPANSIONS AND MATERIAL CHANGES
The moratorium shall apply not only to entirely new facilities but also to any expansion, modification, conversion, redevelopment, or change in operation that materially increases:
1 electrical demand;
2 computing capacity;
3 water consumption;
4 cooling capacity;
5 generator capacity;
6 building area;
7 mechanical equipment;
8 impervious surface;
9 noise-producing equipment;
10 fuel storage; or
11 other material characteristics of the covered use.
A series of individually minor modifications shall not be treated as independent where the modifications are reasonably related and collectively constitute a material expansion.
SECTION 7. TEMPORARY MORATORIUM
For a period of twelve (12) months following the effective date of this Ordinance, the City shall not accept, process, approve, or issue discretionary land-use approvals authorizing the establishment or material expansion of a High-Intensity Computing and Digital Processing Facility within the Industrial Park.
The moratorium shall include, to the extent legally applicable:
1 zoning amendments;
2 conditional-use approvals;
3 special exceptions;
4 PUD amendments;
5 development-plan approvals;
6 site-plan approvals requiring discretionary approval;
7 amendments to previously approved development plans that materially increase computing capacity, electrical demand, water consumption, building area, or mechanical infrastructure; and
8 other discretionary land-use approvals necessary to establish or materially expand a covered facility.
SECTION 8. EXISTING RIGHTS AND LIMITED EXCEPTIONS
Nothing in this Ordinance shall be interpreted to:
1 invalidate a lawfully issued permit;
2 terminate a vested property right;
3 prohibit ordinary maintenance or repair;
4 prohibit emergency work necessary to protect life, safety, or property;
5 prohibit ordinary industrial uses that do not constitute a covered facility; or
6 impair any right that has vested under applicable Alabama law before the effective date of this Ordinance.
The City Attorney shall determine the applicability of any claimed vested right or other legal exception.
SECTION 9. PLANNING COMMISSION REVIEW
During the twelve-month moratorium, the Planning Commission shall conduct a comprehensive review of regulations applicable to High-Intensity Computing and Digital Processing Facilities.
The review shall include, at minimum:
A. Electrical Infrastructure
The City shall evaluate:
• anticipated electrical demand;
• maximum site demand;
• substation requirements;
• transmission requirements;
• distribution upgrades;
• transformer installations;
• power-quality impacts;
• backup-generation requirements;
• utility reliability;
• emergency-power systems; and
• allocation of extraordinary infrastructure costs attributable to the facility.
B. Water and Cooling
The City shall evaluate:
• maximum daily and annual water consumption;
• peak water demand;
• cooling technology;
• evaporative cooling;
• once-through cooling;
• closed-loop cooling;
• wastewater generation;
• drought conditions;
• municipal water-system capacity;
• fire-flow requirements; and
• cumulative effects of multiple facilities.
C. Noise and Vibration
The City shall evaluate:
• continuous operational noise;
• nighttime noise;
• tonal noise;
• low-frequency noise;
• vibration;
• cooling equipment;
• transformers;
• generators;
• mechanical equipment;
• cumulative noise; and
• appropriate measurement locations.
The City shall consider requiring independent acoustic modeling and post-construction verification.
D. Site Design
The City shall evaluate:
• setbacks;
• separation from residential properties;
• separation from schools and institutional uses;
• building height;
• building footprint;
• floor-area ratio;
• lot coverage;
• equipment-yard location;
• screening;
• landscaping;
• visual impacts; and
• campus density.
E. Emergency Generation
The City shall evaluate:
• emergency-generator requirements;
• fuel storage;
• generator testing;
• operating hours;
• emissions;
• noise;
• air-quality monitoring; and
• restrictions on non-emergency generation.
F. Environmental and Public-Safety Considerations
The City shall evaluate:
• stormwater;
• impervious surface;
• heat rejection;
• air emissions;
• hazardous materials;
• fire protection;
• emergency access;
• traffic;
• construction impacts;
• lighting;
• security infrastructure; and
• other reasonably foreseeable impacts.
SECTION 10. INFRASTRUCTURE CAPACITY STUDY
The City shall request, obtain, or commission appropriate technical information concerning the ability of existing municipal infrastructure to support a large-scale High-Intensity Computing and Digital Processing Facility.
The study may include consultation with:
• Childersburg Waterworks, Sewer & Gas Board;
• Alabama Power Company;
• Talladega County;
• Talladega County Economic Development Authority;
• emergency-service providers;
• qualified engineers;
• qualified environmental professionals; and
• other governmental or utility entities having jurisdiction over affected infrastructure.
The study shall identify, where reasonably practicable:
1 existing infrastructure capacity;
2 projected facility demand;
3 required upgrades;
4 estimated costs;
5 responsible parties;
6 potential impacts on existing customers;
7 system-reliability considerations; and
8 appropriate conditions for future development approvals.
SECTION 11. PERMANENT REGULATORY OPTIONS
The Planning Commission shall consider whether the City's zoning ordinance should establish a distinct High-Intensity Computing and Digital Processing Facility use classification or overlay.
Potential standards may include:
1 minimum setbacks;
2 maximum building height;
3 maximum building footprint;
4 maximum lot coverage;
5 maximum electrical demand;
6 water-use limits;
7 cooling-system requirements;
8 noise-performance standards;
9 generator restrictions;
10 lighting standards;
11 landscaping and visual screening;
12 stormwater standards;
13 independent technical studies;
14 ongoing monitoring;
15 reporting requirements;
16 decommissioning plans;
17 financial assurances; and
18 developer responsibility for extraordinary infrastructure improvements, to the extent permitted by law.
SECTION 12. INFRASTRUCTURE COST RESPONSIBILITY
The City shall evaluate lawful mechanisms through which extraordinary infrastructure improvements directly attributable to a proposed High-Intensity Computing and Digital Processing Facility may be financed by the applicant or otherwise allocated in accordance with applicable law.
Such evaluation may include:
• developer-funded infrastructure;
• utility extension agreements;
• water and sewer improvements;
• electrical infrastructure improvements;
• road improvements;
• fire-protection infrastructure;
• drainage improvements; and
• other improvements directly attributable to the development.
Nothing in this Ordinance shall establish utility rates, require a utility to alter rates, or interfere with regulatory authority reserved to another governmental entity.
SECTION 13. DECOMMISSIONING AND FINANCIAL ASSURANCE
The Planning Commission shall evaluate whether future High-Intensity Computing and Digital Processing Facilities should be required to provide reasonable financial assurance sufficient to address:
1 removal of abandoned equipment;
2 demolition of structures where appropriate;
3 removal of obsolete mechanical and electrical infrastructure;
4 environmental remediation where legally required;
5 restoration of disturbed property; and
6 other reasonably foreseeable abandonment obligations.
Any financial-assurance requirement shall be based upon reasonable estimates of potential costs and shall be reviewed by the City Attorney.
SECTION 14. PUBLIC PARTICIPATION
During the twelve-month moratorium, the City shall provide reasonable opportunities for public participation.
The Planning Commission may conduct public workshops and hearings concerning:
• infrastructure;
• water;
• electricity;
• noise;
• environmental considerations;
• public safety;
• land-use compatibility;
• economic development; and
• proposed permanent regulations.
SECTION 15. INDEPENDENT TECHNICAL EXPERT SELECTION AND PUBLIC OVERSIGHT
Any technical study, testing, modeling, inspection, monitoring, certification, or other professional evaluation required pursuant to this Ordinance or any permanent regulations adopted pursuant to this Ordinance shall be performed by qualified independent professionals who have no material financial, business, employment, contractual, familial, or other conflict of interest with the applicant, developer, owner, operator, utility, or other party whose interests may be materially affected by the outcome.
A. Minimum Competitive Solicitation
Whenever reasonably practicable, the City shall solicit qualifications and proposals from at least three (3) qualified independent professionals or firms for each material technical discipline requiring independent review.
If fewer than three qualified professionals or firms are reasonably available, the City shall document the efforts made to obtain three or more candidates and shall publicly disclose the reason fewer candidates were considered.
B. Publicly Transparent Selection Process
Before appointment of an independent professional or firm, the City shall make publicly available:
1 the name of each proposed professional or firm;
2 professional qualifications and relevant licenses;
3 relevant experience;
4 proposed scope of work;
5 proposed compensation arrangements;
6 identity of the party responsible for payment;
7 all material current or prior business relationships with the applicant, developer, owner, operator, utility, or their affiliates;
8 disclosed potential conflicts of interest;
9 proposed testing methodologies;
10 proposed evaluation criteria; and
11 the City's comparative evaluation and scoring of the candidates.
C. Public Comment and Approval
Members of the public shall be provided a reasonable opportunity to review and comment upon proposed independent technical professionals before appointment.
No individual or firm shall be appointed to conduct a material technical study under this Ordinance unless the appointment has been considered at a publicly noticed meeting and approved by the City Council following the public-comment opportunity required by this Section.
The Mayor shall not have unilateral authority to select, replace, direct, or dismiss an independent technical professional appointed pursuant to this Section.
D. Transparent Selection Criteria
The City shall use objective selection criteria appropriate to the technical discipline involved.
Such criteria may include:
1 professional qualifications;
2 relevant technical experience;
3 experience with facilities of comparable scale;
4 applicable licenses or certifications;
5 independence;
6 conflict-of-interest history;
7 proposed methodology;
8 quality-control procedures;
9 availability;
10 proposed cost;
11 relevant professional references; and
12 demonstrated ability to perform technically defensible work.
The criteria and resulting comparative scores shall become part of the public record, subject to applicable law.
E. Conflict-of-Interest Requirement
Each proposed professional or firm shall provide a written conflict-of-interest disclosure identifying any material relationship during the preceding five (5) years with:
1 the applicant;
2 the proposed developer;
3 the property owner;
4 the proposed facility operator;
5 any parent, subsidiary, or commonly controlled entity;
6 any principal contractor;
7 any utility directly involved in providing infrastructure to the proposed facility; or
8 any consultant acting on behalf of the applicant or developer.
The City Council may reject any proposed professional where the disclosed relationship could reasonably create an appearance of bias or a material conflict of interest.
F. Independent Control of Methodology
The independent professional shall have authority to select technically appropriate testing procedures and methodologies consistent with applicable law, recognized professional standards, and the scope approved by the City.
Neither the Mayor, City Council, applicant, developer, owner, operator, utility, nor any other interested party shall direct the professional to modify, suppress, omit, or alter a technical result.
G. Public Access to Results
Except for information lawfully protected from disclosure, all final reports, testing results, models, measurements, certifications, monitoring data, and supporting documentation produced pursuant to this Ordinance shall be made available for public inspection.
Where technically practicable, ongoing monitoring data shall be made available through a publicly accessible electronic system.
H. Payment by Applicant
Where permitted by applicable law, the applicant or developer may be required to pay the reasonable costs of independent technical review.
Payment by the applicant or developer shall not create any contractual relationship between the applicant or developer and the independent professional concerning the professional's conclusions, methodology, findings, or recommendations.
Any payment shall be made through a mechanism established by the City that preserves the professional's independence.
I. Removal or Replacement
An independent professional may be removed or replaced only by action of the City Council following public notice and an opportunity for public comment.
The Mayor shall not possess unilateral authority to remove or replace an independent professional appointed pursuant to this Section.
J. Applicability
This Section shall apply to all material technical studies, testing, modeling, inspections, certifications, monitoring, or evaluations concerning:
1 electrical demand;
2 electrical infrastructure;
3 water consumption;
4 water-system capacity;
5 wastewater;
6 noise;
7 low-frequency sound;
8 vibration;
9 air quality;
10 generator emissions;
11 stormwater;
12 traffic;
13 fire protection;
14 emergency response;
15 environmental impacts;
16 decommissioning;
17 infrastructure costs; and
18 other technical matters designated by the City Council or Planning Commission.
SECTION 16. PROTECTION AGAINST UNDUE INFLUENCE
No elected official, including the Mayor, or municipal employee shall direct an independent technical professional to reach a particular conclusion, modify a finding for political or economic reasons, suppress unfavorable information, or otherwise interfere with the professional's independent judgment.
Any allegation of material interference shall be documented and referred to the City Council and City Attorney for appropriate action.
SECTION 17. PUBLIC RECORD OF TECHNICAL REVIEW
The City shall maintain a publicly accessible record of:
1 proposed technical professionals;
2 conflict-of-interest disclosures;
3 selection proceedings;
4 selection criteria;
5 comparative scoring;
6 contracts or engagement agreements, subject to applicable law;
7 technical methodologies;
8 interim reports;
9 final reports;
10 testing results;
11 monitoring data;
12 written recommendations; and
13 material communications concerning the substance of the technical review, subject to applicable public-records and confidentiality laws.
Nothing in this Section shall require disclosure of information protected by law.
SECTION 18. LEGAL REVIEW
Before adoption of permanent regulations, the proposed regulations shall be reviewed by the City Attorney for consistency with applicable Alabama and federal law.
The review shall specifically consider:
1 statutory zoning authority;
2 procedural requirements;
3 vested rights;
4 equal protection;
5 due process;
6 property-rights protections;
7 takings considerations;
8 utility regulation;
9 applicable environmental requirements; and
10 whether the cumulative effect of proposed regulations could operate as an unintended prohibition.
SECTION 19. PROSPECTIVE AND GENERALLY APPLICABLE REGULATIONS
Any permanent regulations developed following this moratorium shall be drafted to apply prospectively and generally to similarly situated High-Intensity Computing and Digital Processing Facilities.
The City shall not adopt standards for the purpose of favoring or disfavoring a particular applicant, owner, developer, company, or parcel.
Nothing herein prevents the City from adopting different standards for different zoning districts or land-use contexts when such distinctions are supported by legitimate planning considerations and applicable law.
SECTION 20. REPORT TO CITY COUNCIL
Before expiration of the moratorium, the Planning Commission shall provide the City Council with a written report containing:
1 findings concerning infrastructure capacity;
2 findings concerning water resources;
3 findings concerning electrical demand;
4 findings concerning noise and vibration;
5 findings concerning emergency generation;
6 findings concerning land-use compatibility;
7 recommendations concerning appropriate zoning classification;
8 proposed performance standards; and
9 recommendations concerning whether additional amendments to the City's zoning ordinance are warranted.
SECTION 21. NO PERMANENT PROHIBITION
This Ordinance shall not constitute a permanent prohibition on High-Intensity Computing and Digital Processing Facilities.
The City Council recognizes that such facilities may provide economic-development opportunities and may be appropriate in certain locations and under appropriate conditions.
The purpose of this Ordinance is to ensure that future approvals are considered under regulations adequately addressing the unique characteristics and infrastructure requirements of such facilities.
SECTION 22. EARLY TERMINATION
Nothing in this Ordinance shall prevent the City Council from terminating the moratorium before the expiration of twelve (12) months if the City Council determines that the purposes of the moratorium have been satisfied and appropriate permanent regulations have been adopted or otherwise lawfully established.
SECTION 23. SEVERABILITY
If any provision of this Ordinance is determined to be invalid or unenforceable, the remaining provisions shall remain in effect to the maximum extent permitted by law.
SECTION 24. EFFECTIVE DATE AND EXPIRATION
This Ordinance shall become effective upon adoption as provided by applicable law.
Unless earlier terminated pursuant to Section 22, the moratorium established herein shall expire twelve (12) months after its effective date.
ADOPTED this ____ day of __________, 2026.
CITY COUNCIL OF THE CITY OF CHILDERSBURG, ALABAMA
Mayor
City Clerk
