search icon

Jefferson County Unincorporated
City Zoning Code

ARTICLE X

Data Center Regulations And Performance Standards

Section 400.3660 Purpose And Intent.

[Ord. No. 26-0203, 4-27-2026]
The purpose of this Article is to establish performance standards governing the development and operation of Data Centers within Jefferson County. These standards are intended to protect public health, safety, and welfare; ensure compatibility with surrounding land uses; promote efficient use of infrastructure and natural resources; and minimize adverse environmental and community impacts.

Section 400.3670 Applicability.

[Ord. No. 26-0203, 4-27-2026]
A. 
These standards apply to all Data Centers, whether principal or accessory use.
B. 
These standards apply to new facilities and major expansions [greater than or equal to ten percent (≥ 10%) increase in building area or utility demand].
C. 
Data Centers shall only be permitted with an approved development plan in the Planned Business Park ("PB") and Planned Industrial ("PI") Zone Districts as set forth in Section 400.1650, Table 5-1, Zoning Matrix Table of this UDO.
D. 
Throughout these regulations the terms "applicant," "developer," "owner," and "operator" shall be used interchangeably and shall apply to each regardless of the term used therein.
E. 
Where conflicts arise between these standards and other County regulations, the more restrictive requirement shall govern.
F. 
The standards set forth in this Article constitute minimum standards as they relate to Data Centers and related uses. The County may, in its judgment, apply additional, stricter, or supplementary standards to individual developments should the County, in its sole discretion, deem it reasonable to do so in an effort to further protect the health, safety, and welfare of its citizens.
G. 
The enforcement and interpretation of the standards set forth in this Article shall be subject to the sole discretion of the Director of County Services and Code Enforcement, subject to the standards set forth in Section 400.210 of this UDO.

Section 400.3680 Definitions.

[Ord. No. 26-0203, 4-27-2026]
As used in this Article the following terms shall have the meanings indicated:
BEST MANAGEMENT PRACTICES (BMPs)
Structural and non-structural measures used to manage stormwater runoff.
CORRELATED COLOR TEMPERATURE (CCT)
Measure of light color in Kelvins.
DATA CENTER
A facility used primarily for the housing, management, processing, transmission, or storage of data through servers and related equipment, including associated mechanical and electrical systems.
DATA CENTER, ACCESSORY USE
Ancillary uses or structures secondary and incidental to a Data Center use, including, but not limited to: administrative, logistical, fiber optic, storage, and security buildings or structures; sources of electrical power such as generators used to provide temporary power when the main source of power is interrupted; electrical substations; utility lines, domestic and non-contact cooling water and wastewater treatment facilities; water holding facilities; pump stations; water towers; environmental controls (air conditioning or cooling towers; fire suppression, and related equipment), and security features, provided such Data Center accessory uses/structures are located on the same tract or assemblage of adjacent parcels developed as a unified development with a Data Center. The use shall not include energy generation systems used or intended to be used to supply power to the Data Center during normal operations.
dBA (A-WEIGHTED DECIBEL LEVEL)
A unit of sound level measurement expressed in decibels measured using the A-weighting network as specified in ANSI standards, which adjusts sound measurements to approximate the frequency response of the human ear, de-emphasizing very low- and very high-frequency sounds.
dBC (C-WEIGHTED DECIBEL LEVEL)
A unit of sound level measurement expressed in decibels measured using the C-weighting network as specified in ANSI standards, which provides a relatively flat frequency response and includes greater sensitivity to low-frequency sound (approximately 20-200 Hz) than A-weighted measurements.
DARK SKY (IDA)
Outdoor nighttime lighting that is designed, installed, and operated to minimize light pollution, including skyglow, glare, light trespass, and ecological disruption, through the use of fully shielded luminaires, appropriate light levels, warm color temperatures, and lighting controls, consistent with the principles and guidance of the International Dark-Sky Association (IDA).
FOOT-CANDLE
Enough light to saturate a one-foot square with one (1) lumen of light.
FULL CUTOFF FIXTURE
A fixture emitting no light above the horizontal plane.
ILLICIT DISCHARGE
Any discharge to a stormwater system not composed entirely of stormwater, except as allowed by permit.
LIGHT TRESPASS
Unwanted light transmitted beyond the boundaries of the property.
POWER USAGE EFFECTIVENESS (PUE)
A ratio of total facility energy use to IT equipment energy use.
RENEWABLE ENERGY
Electricity generated from wind, solar, hydro, geothermal, or qualifying renewable resources.
STORMWATER MANAGEMENT PLAN (SWMP)
A plan prepared by a licensed professional engineer detailing stormwater quantity and quality controls.

Section 400.3690 Environmental And Community Impact Analysis.

[Ord. No. 26-0203, 4-27-2026]
A. 
The applicant shall provide an environmental and community impact analysis upon application for regulatory consideration and prior to any public hearing. The environmental and community impact analysis shall include:
1. 
A narrative description of the nature of the on-site activities and operations, including the market area served by the facility, the hours of operation of the facility, the total number of employees on each shift, the times, frequencies, and types of vehicle trips generated, the types of materials stored and the duration period of storage of materials.
2. 
A site plan of the property indicating the location of proposed improvements, flood plains, wetlands, any cultural and historic resources on the property and within five hundred (500) feet of the boundaries of the property.
3. 
Evidence that the disposal of materials will be accomplished in a manner that complies with State and Federal regulations.
4. 
An evaluation of the potential impacts of the proposed use, both positive and negative, upon:
a. 
Emergency services and fire protection;
b. 
Water supply;
c. 
Sewage disposal;
d. 
Solid waste disposal;
e. 
School facilities; and
f. 
County revenues and expenses.
5. 
Any environmental impacts that are likely to be generated (e.g., odor, noise, smoke, dust, litter, glare, heat islands, vibration, electrical disturbance, wastewater, stormwater, solid waste, etc.) and specific measures employed to mitigate or eliminate any negative impacts. The applicant shall further furnish evidence that the impacts generated by the proposed use fall within acceptable levels, as regulated by applicable laws and ordinances.
6. 
A Phase 1 Survey as defined in Section 127.2 "Historic Preservation and Cultural Resources" of the Missouri Department of Transportation Engineering Policy Guide to identify archaeological sites and buildings upon the property.
7. 
Said plan shall be evaluated by a certified professional environmental engineer in the State of Missouri that shall be selected by the County and all expenses incurred for said review shall be the sole responsibility of the applicant.

Section 400.3700 Siting And Building Design.

[Ord. No. 26-0203, 4-27-2026]
A. 
Purpose. To ensure that the development of Data Centers occurs in a manner that is compatible with surrounding land uses, protects community character, and mitigates the unique visual and operational impacts associated with large-scale, technology-intensive facilities and minimizes any adverse impacts to adjoining properties to the maximum extent practical. These standards are intended to promote high-quality site and building design while supporting responsible economic development.
B. 
Building Placement And Orientation.
1. 
Buildings shall be sited and oriented to achieve the following:
a. 
Minimize visual impacts of the bulk of the building when examined on a line-of-sight basis from adjacent public streets and public and private properties.
b. 
Provide safe and convenient vehicular access to the site, including sufficient on-site queuing areas at security gates.
c. 
Accommodate adequate parking.
d. 
Minimize impacts to natural resources including working with the existing site topography in an effort to minimize grading.
e. 
Incorporate appropriate stormwater management practices.
2. 
Data Center campuses containing more than one (1) building are required to cluster all buildings to the maximum extent practical and be designed in a manner that provides a variety in building size, massing, siting, and appearance by transitioning from smaller or lower buildings along street frontages to larger and taller structures on the interior of the site. Consideration of topography shall be given to avoid placement of larger, taller, or more massive buildings in a prominent location on the property or along a public street.
3. 
Connection to public water and public sewer utilities shall be required.
C. 
Buffer Yards And Screening.
1. 
All Data Center operations shall provide buffer yards and screening along all property boundary lines, except for areas of ingress and egress for the site.
2. 
The buffer yard may be located within the required building setback lines. No impervious surface is permitted within the buffer yard aside from sidewalks, trails, and other minor associated improvements.
3. 
Service areas, loading bays, refuse collection areas, and service entrances shall be screened from view from existing or planned roads (whether public or private in nature) and all adjacent residentially zoned or used properties.
4. 
Data Center sites abutting residentially zoned or used properties and/or public roads with a functional classification of a collector road or greater shall include an enhanced buffer yard with required plantings located on an earthen berm with a grade no steeper than 2:1. The minimum height of the berm shall be six (6) feet.
5. 
A minimum 150-foot buffer yard shall be provided along the entire length of any street frontage of any property upon which the Data Center is located and along any property line which abuts or is within five hundred (500) feet of an existing residential property line or zone, school, daycare center, hospital, place of worship, designated park, or public open space.
6. 
A minimum 50-foot buffer yard shall be provided along any property line adjacent to a non-residential use or zone.
7. 
Utilities shall be located outside of buffer yards to the maximum extent feasible to maintain a cohesive buffer yard, protect landscaping, and preserve open space. Utilities shall be colocated when feasible to minimize the number of utility crossings through the required buffer yard, particularly when such crossings cannot be avoided.
8. 
Use of existing vegetation (other than that deemed nuisance and scrub) for landscaping and screening is strongly encouraged and may be substituted for new berms and plantings if approved by the Director of County Services.
9. 
Buffer yards along roadways shall be measured from the street right-of-way line.
10. 
Where a lot line, drainage, stormwater, or utility easement is required, the buffer yard shall be measured from the inside edge of the easement.
11. 
A landscape plan shall be required as prepared by a landscape architect that includes all landscaping and buffering requirements.
12. 
The buffer yard shall include a dense landscape buffer consisting of the following and shall be required to be illustrated on the landscape plan:
a. 
One (1) large evergreen tree per twenty-five (25) linear feet of buffer. The size of large evergreen trees shall be a minimum of eight (8) feet in height at the time of planting.
b. 
Narrow/upright evergreen species may also be used within buffers at a ratio of 3:1. No more than twenty-five percent (25%) of the total required large evergreen species can be substituted with narrow/upright species.
c. 
One (1) canopy (shade) tree per seventy-five (75) linear feet of buffer. The size of canopy (shade) trees shall be a minimum of two and one-half (2 1/2) inch caliper at the time of planting.
d. 
One (1) ornamental/flowering tree per fifty (50) linear feet of buffer. The size of ornamental/flowering trees shall be a minimum of eight (8) feet in height for multi-stemmed varieties, or two and one-half (2 1/2) inch caliper at the time of planting for single-stemmed varieties.
e. 
Five (5) shrubs per twenty-five (25) linear feet of buffer. Shrubs shall be fully branched and a minimum of three (3) feet in height at the time of planting. Shrubs shall be a combination of evergreen and deciduous species, with a minimum of fifty percent (50%) evergreen.
f. 
The landscape buffer shall be located along the outer edge of the buffer yard and plant material shall meet the following:
(1) 
Be resistant to emergency exhaust.
(2) 
Not identified on the most current MoDNR invasive species or watch lists.
(3) 
Missouri native species plantings shall be required to be utilized as the primary component of all landscaping.
(4) 
Be hardy within USDA hardiness Zone 6 for the St. Louis Missouri Metropolitan Region.
(5) 
Shall be planted on the top and the exterior of any berm in order to provide effective screening.
(6) 
Shall be arranged in groupings to allow for ease of maintenance and to provide a natural appearance.
(7) 
Shall provide a diversity in plant species, such that no one (1) species accounts for more than twenty-five percent (25%) of each plant type.
(8) 
The plantings shall be arranged to provide a complete visual screen of the property at least twelve (12) feet in height, measured in addition to the height of any required berm, within three (3) years of planting.
D. 
Mechanical Equipment And Screening.
1. 
In an effort to minimize any adverse impacts of utility substations and emergency generators on the public view shed, said utility substations and emergency generators shall be located within the side or rear yards of the principal building and shall be prohibited in any front yard. On-site substations do not require a buffer or screening between the principal building and the substation.
2. 
Ground Mounted Mechanical Equipment.
a. 
Ground-mounted mechanical equipment adjacent to and serving the principal building shall be completely screened behind an opaque wall or fence with a minimum height of ten (10) feet and architecturally designed to complement the design of the principal structure(s). When equipment is located between buildings, a combination of walls and gates may be used at the openings between buildings.
b. 
When in or adjacent to any industrial or commercial use or zoning district, ground-mounted equipment screening is only required from any existing or planned road.
c. 
Ground-mounted equipment is prohibited in any required setback.
d. 
Utility substations shall include year-round opaque landscaping or a fully opaque decorative screen wall a minimum of ten (10) feet in height to minimize visual impact.
e. 
Utility substations shall be setback from all adjoining property lines three hundred (300) feet.
3. 
Roof Top.
a. 
All roof top-mounted equipment shall be screened by a parapet wall, equipment penthouse, or visually solid screen on all four (4) sides that is constructed of materials complementary to those used in the exterior construction of the Data Center principal building. This shall be accomplished by setting the penthouse or screened area back from the facade of the building such that the top of the penthouse or screen is below a 45-degree line drawn from the top of the parapet. Roof top equipment to be screened, includes, but is not limited to, cooling, ventilation, and power supply machinery.
b. 
Roof top equipment that is visible above the parapet wall shall be set back from the exterior or parapet wall a distance no less than the height of said equipment.
c. 
Roof top equipment may exceed the applicable maximum district building height by no more than ten (10) feet when completely screened pursuant to this Article.
E. 
Building Height.
1. 
The maximum building height for Data Centers shall be established as follows:
a. 
Urban Growth Area of the Visualize Jefferson County Master Plan — Eighty (80) feet.
b. 
Suburban Growth Area of the Visualize Jefferson County Master Plan — Seventy (70) feet.
c. 
Rural Growth Area of the Visualize Jefferson County Master Plan — Fifty (50) feet.
2. 
Parapets and roof top screens shall not be allowed to extend more than ten (10) feet above the approved structure.
F. 
Setbacks.
1. 
All principal structures shall be set back from all external property lines as follows:
a. 
When adjoining a non-residential property, the setback shall be two hundred (200) feet; and
b. 
When adjoining any residentially developed property the setback shall be five hundred (500) feet.
(1) 
The required setback may be reduced by the Director in the event that the adjoining property exhibits unique topography or other natural conditions that mitigate said requirement.
2. 
All accessory structures, including, but not limited to, generators and utility substations, shall be required to be located behind the rear building plane of the associated structure opposite any primary facing facade including parking lot and public street facing facades.
3. 
Parking lots shall be set back as follows:
a. 
Shall be setback at least one hundred fifty (150) feet from all external property lines that adjoin non-residential property; and
b. 
Shall be setback at least four hundred fifty (450) feet when adjoining any residentially developed property.
G. 
Parking Requirements.
1. 
A minimum of one (1) parking space per employee on the maximum shift shall be required, plus an additional two (2) visitor spaces per each twenty-five thousand (25,000) square feet of gross building area with a maximum cap on visitor spaces established at eight (8) per principal structure.
H. 
Off-Street Loading.
1. 
A minimum of one (1) loading space shall be required per principal structure. Loading spaces/bays shall be limited to one (1) facade of each principal structure.
I. 
Adverse Impacts.
1. 
Any use or activity producing air, dust, smoke, glare, exhaust, heat, or humidity in any form shall be carried on in such a manner that it is not perceptible at or beyond the property line.
J. 
Power Lines.
1. 
Power lines serving the property shall be required to be buried.
K. 
Massing.
1. 
Buildings shall include a defined base, middle, and top or equivalent architectural relief.
L. 
Massing Elements.
1. 
For any facade that faces any street frontage or parking area(s) that face any property that abuts or is within five hundred (500) feet of an existing residential property line or zone, school, daycare center, hospital, place of worship, designated park, or public open space each hundred (100) linear feet, including the first one hundred (100) linear feet shall contain at least two (2) differentiated massing elements. Other facades, except those containing service and loading areas, shall contain at least one (1) differentiated massing element within each one hundred (100) linear feet. Differentiated massing elements may include:
a. 
Horizontal offsets such as projections and recesses;
b. 
Vertical offsets such as varied rooflines;
c. 
Varied upper story setbacks; and
d. 
Primary entrance features meeting the criteria of Subsection (P), Primary Entrance Design.
M. 
Facade Design.
1. 
Any part of a rear or side facade that presents visibility from any public street or residentially used or zoned property shall provide the same roof lines, building materials, and colors as the front facade.
2. 
Windows.
a. 
All façade(s) that front any public street or parking area, or residentially used or zoned property, windows shall comprise twenty-five percent (25%) of the façade area between two (2) and ten (10) feet above grade.
b. 
Windows, if not opaque or translucent, shall be oriented in such a manner to preclude a direct line of sight into any adjacent residentially used or zoned property to the greatest extent possible.
3. 
Design Features. Within each one hundred (100) linear feet of public street and parking area facing facades that face residentially used or zoned property of the building, at least three (3) of the following different design features shall be provided:
a. 
Belt courses of a different texture and/or color.
b. 
Medallions.
c. 
Columns.
d. 
Pilasters.
e. 
Trellis containing planting.
f. 
Projecting cornice.
g. 
Projecting metal canopy.
h. 
Decorative tilework.
i. 
Opaque or translucent glass.
j. 
Artwork.
k. 
Awnings.
l. 
Similar architectural details, approved by the Director, that meet the specific intent of this Subsection.
N. 
Building Materials.
1. 
Buildings and accessory structures shall not include the following as primary building materials or architectural finish:
a. 
Corrugated steel.
b. 
Smooth finish concrete block (cinder block).
c. 
Smooth finish poured concrete, whether painted or unpainted.
d. 
Vertical rough-sawn wood siding (T-111/T-19).
e. 
Tensile fabrics.
f. 
Single layer uninsulated materials.
2. 
The exterior finish of buildings that present a facing side to any residentially used or zoned property shall include at least three (3) different visible materials, including windows.
3. 
With the exception of windows, no more than forty (40%) percent of any façade shall be comprised of the same material unless varied by color, pattern, or texture.
4. 
Building surfaces shall be designed so as to not reflect light into residentially used or zoned property or allow light from inside the building to intrude into residentially used or zoned property.
O. 
Building Colors.
1. 
The external building materials shall utilize a color palette that utilizes colors that are earth tones or muted industrial colors. Fluorescent and metallic colors shall be expressly prohibited as exterior wall colors.
P. 
Primary Entrance Design.
1. 
The primary entrance to a building shall be oriented to the adjacent street or parking area and shall be marked by:
a. 
Ornamentation around the door; and
b. 
At least one (1) of the following:
(1) 
Recessed entrance [recessed at least three (3) feet].
(2) 
Protruding entrance [protruding at least three (3) feet].
(3) 
Canopy [extending at least five (5) feet].
(4) 
Portico [extending at least five (5) feet].
(5) 
Overhang [extending at least five (5) feet].
2. 
Ground-floor facades along streets and parking areas shall incorporate architectural detailing or screening elements.
3. 
Buildings within the same project or development may be clustered so that their primary entrances face internal parks, open spaces, landscape infiltration areas, ponds and bioswales or trails in lieu of an adjacent street or parking area.
Q. 
On-Site Substations.
1. 
Substations shall include year-round opaque landscaping primarily by utilizing evergreens or a fully opaque decorative screen wall consistent with the architectural design of the site's principal structure(s) a minimum of ten (10) feet in height to minimize visual impact.
2. 
High-voltage equipment shall not be visible from the public view shed unless screened by a fully opaque decorative screen wall, a minimum of 10-foot wall consistent with the design of the site's principal structure(s) and supporting landscaping.
R. 
Emergency Generators.
1. 
Emergency generators shall be housed in architecturally compatible enclosures consistent with the design of the site's principal structure(s) or behind a fully opaque decorative screen wall a minimum of ten (10) feet in height and designed in a manner consistent with the design of the site's principal structures.
S. 
Security And Fencing.
1. 
Chain-link fencing, including types that incorporate slats and other site proofing measures shall be prohibited.
2. 
Acceptable types of fencing include the following:
a. 
Decorative metal;
b. 
Steel picket;
c. 
Masonry; or
d. 
Composite panels.
3. 
Barbed wire shall be prohibited except when deemed necessary for security purposes and shall not be permitted within two hundred (200) feet of any public road or residence.
T. 
Development In Regulatory Floodplains And Floodways Prohibited.
1. 
Development shall be prohibited in all regulated floodplains and floodways even when removed from classification via any and all regulatory processes.

Section 400.3710 Exterior Lighting.

[Ord. No. 26-0203, 4-27-2026]
A. 
Purpose. To ensure Data Centers minimize light pollution, protect nighttime environments, and reduce nuisance lighting impacts on nearby residential properties and neighborhoods, wildlife, and dark skies.
B. 
A lighting/photometric plan and study and analysis shall be required and shall be prepared and sealed by a qualified professional and required to demonstrate compliance with all lighting standards. Said plan and study shall be required to demonstrate one-tenth (0.1) foot-candles measured at the property line next to residentially used or zoned property measured line-of-sight and from any point on the receiving residential property. For all other adjoining non-residential property five-tenths (0.5) foot-candles shall not be exceeded.
C. 
Dark Sky (IDA) compliance shall be required when designing site lighting.
D. 
All site lighting shall comply with the Illuminating Engineering Society (IES) standards.
E. 
Horizontal Surfaces. For the lighting of predominantly horizontal surfaces, such as, but not limited to, parking areas, roadways, vehicular and pedestrian passage areas, loading docks, building entrances, sidewalks, bicycle paths, and site entrances, luminaires shall be aimed down, and shall meet Illuminating Engineering Society of North America (IESNA) full cutoff/fully shielded criteria.
F. 
Non-Horizontal Surfaces. For the lighting of predominantly non-horizontal surfaces, such as, but not limited to, facades, landscaping, and signs, luminaires shall be shielded and shall be installed and aimed to not project their output into the windows of neighboring residences, adjacent uses, past the object being illuminated, skyward, or onto a public roadway.
G. 
Adjacent Residential Uses. The illumination projected onto a residential use shall at no time exceed one-tenth (0.1) foot-candle, measured at line-of-sight and from any point on the receiving adjoining residential property.
H. 
Adjacent Non-Residential Uses. The illumination projected from any property onto a non-residential use shall at no time exceed five-tenths (0.5) initial foot-candle, measured at line-of-sight from any point on the receiving property.
I. 
Glare. Vegetation screens shall not be employed to serve as the primary means for controlling glare. Rather, glare control shall be achieved primarily using such means as cutoff luminaires, shields and baffles, and appropriate application of luminaire mounting height, wattage, aiming angle, and luminaire placement.
J. 
LED Lights. All site lighting shall be LED and shall have a correlated color temperature that does not exceed three thousand (3,000) K.
K. 
Light Pole Standards.
1. 
Lighting poles shall be no taller than twenty (20) feet above grade.
2. 
Luminaires shall not be mounted more than twenty (20) feet above the finished grade of the surface being illuminated.
3. 
No pole-mounted lighting on the roof of any structure shall be permitted.
L. 
Lighting After Hours. Lighting for parking areas and vehicular traffic ways shall be automatically extinguished nightly within one-half (1/2) hour of the close of the facility. On/off control shall be by an astronomic programmable controller with battery or capacitor power-outage reset. When after-hours site safety/security lighting is proposed, such lighting shall not exceed twenty-five percent (25%) of the number of fixtures required or permitted for illumination during regular business hours. Where there is reduced but continued on-site activity throughout the night that requires site-wide even illumination, the use of dimming circuitry to lower illumination levels by at least fifty percent (50%) after 11:00 P.M. or after regular business hours, or the use of motion sensor control, shall be permitted.
M. 
All exterior lighting shall meet the following:
1. 
Full cutoff and fully shielded.
2. 
Directed downward to minimize glare and skyglow.
3. 
Designed to minimize spillover and trespass.
4. 
No direct light source shall be visible across any property line boundary.
N. 
Automatic lighting controls shall be required as follows:
1. 
Motion sensors or adaptive dimming for non-security lighting shall be required.
2. 
Timers to reduce non-essential lighting after business hours shall be required.
O. 
Security And Emergency Lighting.
1. 
Security lighting shall be limited to areas deemed necessary for surveillance and access control.
2. 
Security lighting shall utilize:
a. 
Motion-activated controls where feasible; or
b. 
Smart systems that dim to less than or equal to thirty percent (≤ 30%) intensity when no activity is detected.
c. 
Emergency lighting shall operate only during emergency events and alarm or power-loss events.
P. 
Operational And Maintenance Standards.
1. 
Annual inspection and certification of compliance with all lighting standards shall be required and shall be submitted directly to the office of Planning and Zoning and the Director thereof.
2. 
The replacement of all lighting, including, but not limited to, lamps or fixtures, shall maintain the same or higher level of compliance standard as the original design.
3. 
Light spill complaints shall trigger an immediate code enforcement inspection and immediate corrective action.
4. 
All third-party testing and verification of compliance shall be at the sole expense of the owner/operator.
5. 
All efforts related to compliance shall be at the sole expense of the owner/operator. This, includes, but is not limited to, any and all administrative costs borne by the County.

Section 400.3720 Noise.

[Ord. No. 26-0203, 4-27-2026]
A. 
Purpose. To prevent excessive noise from Data Center operations that may adversely impact public health, safety, and the peaceful enjoyment of nearby properties.
B. 
Maximum allowable sound limits from all equipment shall not exceed the following as measured at property lines:
1. 
Daytime (7:00 A.M. to 10:00 P.M.).
a. 
Maximum Limit: 55 dBA.
b. 
Maximum Low-Frequency Limit: 65 dBC.
2. 
Nighttime (10:00 P.M. to 7:00 A.M.).
a. 
Maximum Limit: Fifty (50) dBA.
b. 
Maximum Low-Frequency Limit: Sixty (60) dBC.
3. 
The above limits apply if the adjoining property(s) are zoned or used as residential (whether including a dwelling unit or vacant), institutional, or agricultural with a dwelling.
4. 
For all adjoining property(s) used or zoned for non-residential purposes and not identified above the above limits may be increased by five (5) dB.
C. 
Tonal, impulsive, or rhythmic noise meaning any noise that contains pure tones, rhythmic oscillation, or identifiable low-frequency hum shall be deemed three (3) dBA louder than actual measurement for enforcement purposes.
D. 
Noise Modeling Requirements.
1. 
Before the issuance of any construction permit, the applicant shall submit:
a. 
A 3D acoustic model using ISO 9613-2 or equivalent methodology.
b. 
Modeling for worst-case operating conditions (summer peak day + nighttime scenario).
c. 
Impacts at all property lines and nearest residences.
d. 
Proposed mitigation measures with quantifiable sound reductions.
2. 
County staff may require peer review at the applicant/owner/operator's expense.
E. 
Emergency Generator Operation.
1. 
Emergency generators shall only be utilized during emergency events and during scheduled testing periods.
2. 
When more than one (1) principal building is located within the development emergency generators shall be located in the center of the clustered buildings so as to minimize adverse impacts.
3. 
Routine emergency generator testing shall be limited to weekdays between the hours of 10:00 A.M. to 4:00 P.M. excluding holidays.
4. 
The schedule of routine generator testing shall be required to be submitted to the Office of Planning and Zoning and shall be subject to the review and approval of the Director thereof. Any changes to the approved testing schedule shall also be required to follow this process.
5. 
Testing shall not exceed sixty (60) minutes per generator per month.
6. 
Generators shall not be tested under load.
7. 
Generators shall be fully enclosed within sound and emission attenuating housings or buildings designed to reduce particulate and gaseous emissions escaping and shall achieve a minimum of twenty-five (25) dBA reduction.
F. 
Cooling System Noise.
1. 
Cooling towers, roof top fans, and HVAC units shall include:
a. 
Acoustic barriers, baffles, or shrouds.
b. 
Variable-speed fans to prevent nighttime exceedances.
c. 
Placement away from residential property lines whenever feasible.
2. 
Cooling towers shall not be roof-mounted unless the applicant proves equal or superior noise performance.
G. 
Post Construction Compliance Testing Required.
1. 
Testing for compliance with noise regulations shall be required after the site has been issued final occupancy and is fully operations. The following shall be required:
a. 
Testing shall occur within sixty (60) days of issuance of full occupancy and after full operational status has been achieved.
b. 
Measurements shall taken by an independent, qualified acoustical engineer.
c. 
Testing shall occur under reasonable worst-case operational conditions.
d. 
Results shall be submitted to the Office of Planning and Zoning and shall be publicly posted on the County's website.
H. 
Ongoing Sound Monitoring Required.
1. 
Permanent sound monitoring stations shall be required near all adjoining properties and in locations deemed sufficient to provide accurate continual monitoring of site conditions and performance.
2. 
Annual certifications of compliance shall further be required to be submitted to the Office of Planning and Zoning.
3. 
Results of the sound monitoring stations and annual certifications of compliance shall be made readily available to the public for inspection.

Section 400.3730 Energy.

[Ord. No. 26-0203, 4-27-2026]
A. 
Purpose. To reduce energy consumption, improve grid reliability, and ensure that Data Centers operate with high energy efficiency while minimizing environmental and community impacts.
B. 
A Data Center permit application must include a Utility Capacity Letter confirming:
1. 
Sufficient grid capacity is available to serve the proposed load.
2. 
No adverse impacts will be presented to residential customers of the electric utility in serving the proposed Data Center development.
3. 
Identification of any and all required transmission or substation upgrades.
4. 
Timeline for any systemic development necessitated systemic upgrades.
C. 
In order to manage peak loads Data Centers shall:
1. 
Participate in utility demand-response programs when and where available.
2. 
Manage cooling loads to reduce stress during peak periods.
3. 
Provide load-shedding plans for emergency scenarios.
D. 
Data Center operators shall bear the reasonable and proportionate cost of:
1. 
Substation upgrades.
2. 
Transmission extensions.
3. 
Distribution system improvements deemed required due to the Data Center proposed or real energy consumption and usage.
E. 
Renewable Energy Use Required.
1. 
Upon issuance of occupancy, and annually thereafter, Data Centers shall be required to provide certification that at least forty percent (40%) of annual electricity/energy consumption is derived from renewable sources or qualifying renewable energy resource programs.
2. 
Within five (5) years of operation Data Centers shall be required to provide certification to the County that at least sixty percent (60%) of annual electricity/energy consumption is derived from renewable sources or qualifying renewable energy source programs unless:
a. 
The applicant demonstrates technical infeasibility via documented and supported evidence; and
b. 
The County approves a compliance extension based on evidence supporting need provided from the owner/operator. Need shall not include financial considerations but shall be based upon evidentiary supported extenuating circumstances.
F. 
Energy Storage And Backup Systems.
1. 
Generators shall be required to meet EPA Tier 4 Final Standards.
2. 
Emergency generators shall only be used as follows:
a. 
For emergency power supply in the event of a power disruption.
b. 
Emergency usage shall be required to adhere to the EPA's Clean Air Act rules on emergency generator operation during situations compliant with the definition therein of emergency situations as related to said emergency generators.
c. 
For permitted and approved scheduled testing.
d. 
Emergency generators shall not be used for grid power consumption reduction, peak shaving, or any market financial incentive programs.
3. 
The installation of on-site battery energy storage systems (BESS) shall be evaluated as the first option to provide power continuity and to further minimize grid impacts and to reduce the need for emergency backup generators. Should said evaluation of BESS's prove their insufficiency for use documentary evidence as to the rationale shall be provided to the Director for his/her consideration.

Section 400.3740 Water.

[Ord. No. 26-0203, 4-27-2026]
A. 
Purpose. To ensure that Data Center operations present no adverse impacts to the public water supply, groundwater sustainability, or the availability of water for residential and commercial users.
B. 
Water shall be required to be obtained from the respective public water district and shall be prohibited from being obtained from any private well operated outside of the purview of the respective public water supply district.
C. 
Applicants shall disclose proposed cooling technology and maximum daily water demand at full buildout.
D. 
Liquid cooled, closed loop cooling systems with limited evaporation technology shall be required at the time of development unless there is a more advanced technology available at the time of application that provides greater efficiency (less water consumption) as related to water consumption. The requirement for utilization of the most water efficient cooling technology shall apply to any and all cooling system upgrades.
E. 
Once through water cooling systems shall be prohibited.
F. 
Water reuse, including wastewater and stormwater, shall be reused on-site in an effort to reduce water usage, to the maximum extent practical.
G. 
Developer shall provide verification from the public water supplier demonstrating:
1. 
Adequate source capacity; and
2. 
Adequate treatment and distribution system capacity.
H. 
If infrastructure expansion is needed, the applicant shall fund or construct improvements without burdening existing users or the respective district.
I. 
To ensure long-term compliance, facilities shall:
1. 
Report monthly water consumption (gallons and gallons/MWh) to the County for the first three (3) years or until stable operations are verified.
2. 
Provide annual certification of continued compliance with:
a. 
Water supply permits; and
b. 
Cooling efficiency commitments.
J. 
The utilization of reclaimed water shall be required on-site to the maximum extent practical.

Section 400.3750 Wastewater.

[Ord. No. 26-0203, 4-27-2026]
A. 
Purpose. To regulate wastewater discharges from Data Centers to protect public infrastructure, water quality, and the environment.
B. 
Wastewater Impact Assessment.
1. 
All applications shall include a Wastewater Impact Assessment prepared by a qualified licensed engineer in the State of Missouri with a focused demonstrated expertise in wastewater. The assessment shall include the following:
a. 
Expected daily and peak wastewater flows;
b. 
Chemical composition, including IDS, chloride, and additives;
c. 
Temperature of discharge;
d. 
Impacts to the receiving sewer system; and
e. 
Proposed pretreatment systems.
C. 
Pretreatment Requirements.
1. 
All process wastewater shall comply with local and State pretreatment standards, including but not limited to limits for:
a. 
Total dissolved solids (IDS);
b. 
Chlorides;
c. 
pH;
d. 
Temperature;
e. 
Chemical additives; and
f. 
Heavy metals.
2. 
In addition, the County may also require the following:
a. 
Neutralization;
b. 
Filtration or RO treatment;
c. 
Side-stream treatment;
d. 
Flow equalization tanks; and
e. 
Zero-liquid discharge (ZLD) in sensitive areas.
D. 
Cooling System Wastewater.
1. 
Cooling tower blowdown shall not exceed:
a. 
One thousand (1,000) mg/L TDS unless explicitly approved;
b. 
Two hundred fifty (250) mg/L chloride unless treated; and
c. 
One hundred four degrees Fahrenheit (104° F.) (40° C.) discharge temperature.
2. 
All cooling chemicals shall be disclosed, including:
a. 
Biocides;
b. 
Corrosion inhibitors;
c. 
Scale inhibitors; and
d. 
Anti-foaming agents.
3. 
Discharge of biocides that interfere with biological treatment is prohibited.
E. 
Brine And High Salinity Wastewater.
1. 
Discharge of water softening brine to the public sewer shall be prohibited unless treated to meet local chloride limits. Wastewater exceeding chloride standards must use:
a. 
On-site reuse;
b. 
Concentration and disposal;
c. 
Zero Liquid Discharge (ZLD) systems; and
d. 
Other approved alternatives.
F. 
Flow Management.
1. 
The County may require flow equalization tanks to reduce peak discharge rates.
2. 
Data Centers shall not discharge wastewater in a manner that causes hydraulic shock or surcharging to the sewer system.
G. 
Prohibited Discharges.
1. 
Data Centers shall not discharge the following:
a. 
Cooling wastewater containing prohibited biocides;
b. 
Water exceeding temperature limits;
c. 
Wastewater that interferes with treatment plant operations;
d. 
Stormwater mixed with process water; and
e. 
High-salinity waste above permitted limits.
H. 
Any blowdown or processed water shall be treated to meet all local, State, and Federal requirements prior to discharge.
I. 
Thermal discharge shall not increase receiving water temperature beyond permitted thresholds.
J. 
Discharge monitoring reports shall be supplied to the County upon request.
K. 
A copy of the valid wastewater operating permit shall be provided annually to the County.
L. 
Monitoring And Reporting.
1. 
Facilities shall install flow meters, temperature sensors, and electronic monitoring equipment.
2. 
Facilities shall submit semiannual reports to the County and respective public wastewater district documenting:
a. 
Discharge volumes;
b. 
Chemical analyses;
c. 
Temperature logs; and
d. 
Pretreatment performance data.
3. 
The County may require third party audits by a qualified professional selected by the County and at the expense of the owner/operator.

Section 400.3760 Air Quality.

[Ord. No. 26-0203, 4-27-2026]
A. 
Purpose. The purpose of this Section is to protect public health, ensure compatibility with surrounding land uses, and mitigate air quality impacts associated with Data Centers by establishing standards for emissions, backup generators, cooling systems, and related equipment.
B. 
Air Quality Impact Assessment Required — Air Quality Report. All applicants shall submit an air quality impact assessment prepared by a qualified professional addressing:
1. 
Emergency generator emissions;
2. 
Cooling system refrigerants and leakage potential;
3. 
Construction-phase emissions;
4. 
Cumulative impacts from all phases of development; and
5. 
Compliance with Missouri Department of Natural Resources (MoDNR) and applicable EPA standards.
C. 
The County may require modeling of particulate matter (PM10 and PM2.5), nitrogen oxides (NOx), sulfur dioxide (SO2), volatile organic compounds (VOCs), and greenhouse gases.
D. 
Cooling System Emissions And Refrigerants.
1. 
All cooling equipment shall use refrigerants with a Global Warning Potential (GWP) less than seven hundred fifty (750).
2. 
Facilities shall maintain a refrigerant management plan including:
a. 
Leak detection systems;
b. 
Annual reporting of refrigerant use and losses; and
c. 
Immediate corrective action upon detection of any leak exceeding fifty (50) pounds.
E. 
Reporting And Compliance.
1. 
Facilities shall submit a semi-annual air quality compliance report to the County, including:
a. 
Generator test logs;
b. 
Emissions data;
c. 
Refrigerant leakage reports; and
d. 
Any notices of violation issued by MoDNR or EPA.
F. 
The County reserves the right to perform inspections and require third-party audits at the expense of the owner/operator.

Section 400.3770 Stormwater Management.

[Ord. No. 26-0203, 4-27-2026]
A. 
Purpose. To establish stormwater management standards for Data Centers to ensure protection of public infrastructure, water quality, and natural resources; to prevent flooding and erosion; and to regulate non-stormwater discharges.
B. 
Stormwater Management Plan Required.
1. 
All applicants shall submit a Stormwater Management Plan (SWMP) for review and approval that shall include all elements required and included in Chapter 400 and Chapter 505, "Erosion and Sediment Control/Stormwater Management Design Manual," and the following:
a. 
Existing and proposed site conditions;
b. 
Hydrologic and hydraulic calculations;
c. 
Pre- and post-development runoff modeling;
d. 
Identification of all stormwater outfalls;
e. 
Location and design of all BMPs;
f. 
Identification of high-risk equipment areas; and
g. 
Construction phasing impacts, if applicable.
2. 
The County may require the review of said SWMP by a third-party engineer with a demonstrated expertise in stormwater management. Said expert shall be selected by the County and all expenses of said review shall be at the sole expense of the applicant.
C. 
Stormwater Quality Control Requirements.
1. 
Developments shall provide permanent on-site stormwater management facilities sufficient to ensure that:
a. 
Post-development peak runoff rates shall be less than pre-development rates for the 1-year, 2-year, 10-year, 25-year, and 100-year storm events.
b. 
Runoff volume from the first one and one-half (1.5) inches of rainfall shall be captured on site through infiltration, bioretention, or equivalent retention BMPs.
c. 
Multi-phase projects shall submit cumulative hydrologic modeling.
2. 
Pre-development conditions shall be modeled assuming existing site conditions prior to any clearing, grading, or disturbance.
3. 
Acceptable methods for achieving runoff reduction, include, but are not limited to, infiltration practices, extended detention, green infrastructure, permeable pavements, and reuse systems, as approved by the respective designated County Engineer.
4. 
The County may require additional detention, downstream system improvements, and stream channel grade protection if modeling shows adverse impacts.
5. 
All runoff shall receive treatment through approved BMPs, including, but not limited to, bioretention, sand filters, proprietary hydrodynamic devices, constructed wetlands, or infiltration systems.
6. 
BMP Performance Standards.
a. 
Stormwater BMP treatment devices shall meet County-adopted water quality performance standards, including pollutant removal efficiency and hydraulic capacity.
b. 
All BMPs shall be inspected at least semi-annually [once every six (6) months] by a third party qualified in the inspection of said facilities. The third party shall be selected by the County and said expenses shall be paid by the Developer. Said inspection reports shall be required to be submitted to the County no later than within thirty (30) days of completion.
c. 
If a BMP fails to meet established performance standards or degrades over time, the County shall have the authority to require repair, retrofit, or replacement at the owner's expense.
7. 
Groundwater Protection Required.
a. 
Infiltration best management practices (BMPs) shall maintain a minimum vertical separation of three (3) feet between the bottom of the facility and seasonal high groundwater.
b. 
Applicants shall submit site-specific soil and groundwater evaluations prepared by a qualified professional prior to approval of infiltration practices.
c. 
Infiltration BMPs are prohibited within or downgradient of areas containing fuel storage, chemical storage, transformers, generators, or loading areas.
8. 
Runoff from the following areas shall receive additional treatment:
a. 
Generator yards;
b. 
Fueling and emergency storage areas;
c. 
Cooling tower equipment pads;
d. 
Transformer areas; and
e. 
Chemical handling or storage locations.
9. 
Spill prevention and containment must be integrated with stormwater management controls as follows:
a. 
All generators, transformers, fuel storage tanks, and associated piping shall be located within secondary containment systems designed to contain not less than one hundred ten percent (110%) of the maximum volume of the largest vessel, plus precipitation from a 25-year, 24-hour storm event.
b. 
Containment areas shall include impermeable liners or concrete pads with sealed joints to prevent infiltration to soils or groundwater.
c. 
Fuel and oil systems shall include automatic shutoff valves and isolation capability to prevent discharge to stormwater systems in the event of a leak or spill.
d. 
Stormwater from containment areas shall be routed through oil-water separators prior to any discharge or reuse, unless fully captured and disposed of off-site.
e. 
Under no circumstances shall spills or contaminated runoff be discharged to any storm drainage system, surface waters, or infiltration facilities.
D. 
Extreme Storm And Flood Resilience.
1. 
All stormwater detention, retention, and containment facilities shall provide a minimum of one (1) foot of free board above the design storm elevation.
2. 
Facilities shall be designed to safely pass flows exceeding the design storm without structural failure or release of pollutants.
3. 
Detention and water quality treatment capacity shall be constructed concurrently with each phase of development. No temporary or permanent loss of required capacity is permitted during buildout.
4. 
Stormwater systems relying on pumps shall include redundant pumps, backup power, and fail-safe overflow pathways. Primary reliance on pumped systems without redundancy is prohibited.
E. 
Non-Stormwater Discharge Prohibitions.
1. 
The following discharges shall be prohibited from entering the stormwater system:
a. 
Cooling tower blowdown.
b. 
Fire system test water.
c. 
HVAC condensate (unless otherwise approved).
d. 
Treated process water.
e. 
Water softener regeneration or brine discharge.
2. 
Such discharges shall be managed through approved disposal methods.
F. 
Utility Infrastructure Integration.
1. 
Stormwater systems shall be designed around major power and fiber corridors to ensure accessibility and avoid conflicts.
2. 
All underground stormwater features shall include access for inspection and maintenance.
3. 
Roof leaders must be separated from utility conduits and prevent washdown into equipment yards.
G. 
Fire Suppression And Emergency Water Management.
1. 
Applicants shall design facilities to capture, contain, and manage firefighting runoff and fire suppression system test water, including foam- or chemical-laden water.
2. 
A Fire Water Management Plan shall be submitted and approved prior to site plan approval, identifying containment volumes, emergency discharge points, and approved disposal methods.
3. 
Any emergency discharge points shall be pre-approved by the County and designed to prevent erosion, flooding, or contamination of receiving waters.
4. 
Uncontrolled discharge of firefighting runoff to stormwater infrastructure is prohibited.
H. 
Construction And Phasing Requirements.
1. 
Long-term, multi-phase construction shall include:
a. 
A phasing plan for stormwater controls.
b. 
Stabilization between phases.
c. 
Sediment and erosion controls meeting State requirements.
I. 
Long-Term Ownership And Operation And Maintenance.
1. 
All applications shall submit a Stormwater Operations and Maintenance (O&M) Plan.
2. 
Annual certifications of BMP functionality shall be provided to the County.
3. 
All stormwater operation and maintenance obligations shall be recorded and binding on all current and future owners and operators.
4. 
Upon transfer of ownership or operational control, the new owner/operator shall recertify compliance with the approved stormwater management plan within ninety (90) days of said transfer.
5. 
The County retains the authority to inspect, require corrective action, and enforce maintenance obligations for the life of the facility, regardless of ownership or operational changes and at the full expense of the Developer.
6. 
The County may require third-party inspection of said facilities at the expense of the owner/operator.

Section 400.3780 Monitoring And Compliance.

[Ord. No. 26-0203, 4-27-2026]
A. 
Operators shall submit to the County:
1. 
Annual certifications of compliance with noise, lighting, and water performance;
2. 
Updated emergency and generator testing schedules; and
3. 
Consumption data upon request.
B. 
Complaints shall trigger a prompt and immediate County investigation.
C. 
Violations shall be subject to the provisions of Section 400.140 of this UDO. In addition to the penalties set forth in Section 400.140 of this UDO, the Director shall have authority to issue orders to abate violations and instances of non-compliance which may result in penalties up to and including utility disconnection to the site for a prescribed duration of time. Should the County elect to pursue civil injunctive relief as authorized by Section 400.140(E) of this UDO, and as may be amended, a civil penalty of up to one thousand dollars ($1,000.00) may be imposed by the court for each day the property remains in non-compliance.
D. 
If during the course of construction an unmarked human burial or human skeletal remains are encountered, developer shall immediately notify the Sheriff of Jefferson County, Missouri, the Director of County Services and Code Enforcement, and the Missouri State Historic Preservation officer; further, the developer shall comply with Missouri's Unmarked Human Burial Sites Law, Sections 194.400, et seq., RSMo., and all other Missouri and Federal laws respecting the discovery of an unmarked human burial or human skeletal remains and shall cease all construction activity within a radius of fifty (50) feet of the point of discovery, in accordance with the Missouri Unmarked Human Burial Sites Law, and shall not, in accordance with Section 194.406, RSMo., resume construction activity without specific authorization from the party having jurisdiction over and responsibility of such remains pursuant to said law.

Section 400.3790 Site Closure, Decommissioning, And Remediation.

[Ord. No. 26-0203, 4-27-2026]
A. 
Purpose. To protect the public health, safety, and welfare of the public by ensuring that Data Center facilities are responsibly decommissioned at the end of their useful life or upon abandonment, and that sites are restored in a manner that prevents environmental harm, visual blight, and long-term fiscal or land-use burdens on the County.
B. 
Applicability. This Section shall apply to all Data Centers regardless of approval mechanism or associated approved agreement.
C. 
Definition Of Closure.
1. 
Permanent cessation of Data Center operations for a period exceeding twelve (12) consecutive months;
2. 
Disconnection of the facility from primary electrical service without intent to resume operations;
3. 
Written notice by the owner or operator of intent to discontinue operations; or
4. 
Abandonment of the site, as determined by the County.
D. 
Decommissioning Plan Required.
1. 
Submission Required.
a. 
Prior to commencement of operations, the owner or operator shall submit a Data Center Decommissioning and Site Remediation Plan for approval by the County; and
b. 
Said Data Center Decommissioning and Site Remediation Plan and all associated elements and financial costs and impacts shall be required to be updated no less than every five (5) years.
2. 
Plan Contents.
a. 
Inventory of on-site infrastructure and equipment, including generators, fuel storage tanks, transformers, batteries, cooling systems, and hazardous materials;
b. 
Procedures for the removal and lawful disposal or recycling of all equipment and materials;
c. 
Methods for remediation of any soil, groundwater, or surface water contamination;
d. 
Restoration of the site to a condition suitable for future permitted use;
e. 
Estimated cost of decommissioning and remediation;
f. 
Proposed timeline for completion.
3. 
Updates. The plan shall be reviewed and updated at least once every five (5) years, or upon substantial modification of the facility.
E. 
Decommissioning And Remediation Standards.
1. 
Upon closure the owner/operator shall:
a. 
Cease Data Center operations;
b. 
Remove of all infrastructure deemed not integral to site reuse or redevelopment;
c. 
Remove all hazardous materials;
d. 
Perform environmental remediation;
e. 
Restore the site.
F. 
Timeline For Completion.
1. 
Decommissioning and remediation shall commence within ninety (90) days of closure.
2. 
All required activities shall be completed within twelve (12) months, unless an extension is granted by the County for good cause shown.
G. 
Financial Assurance.
1. 
Prior to issuance of a certificate of occupancy, the owner or operator shall provide financial assurance in a form acceptable to the County, including, but not limited to:
a. 
Performance bond;
b. 
Letter of credit; or
c. 
Cash escrow.
2. 
Amount. The amount of financial assurance shall be equal to one hundred percent (100%) to one hundred twenty-five percent (125%) of the County-approved estimated cost of decommissioning and remediation.
3. 
Use Of Funds. In the event the owner or operator fails to complete decommissioning or remediation, the County may draw upon the financial assurance to complete the work.
4. 
It shall be the absolute duty of the owner to keep the financial assurance current. Failure to renew financial assurance, or allowing financial assurance to expire shall be considered an instance of non-compliance subject to Sections 400.140 and 400.3760 of this UDO.
H. 
County Right Of Entry And Enforcement.
1. 
The County shall have the right to enter the property, upon reasonable notice, to inspect compliance with this Article.
2. 
Failure to comply shall constitute a violation of the zoning ordinance and may result in:
a. 
Revocation of permits;
b. 
Use of financial assurance;
c. 
Civil penalties or other remedies authorized by law.
I. 
Alternate Plan.
1. 
An alternate to the requirements as detailed above may include an alternate plan that includes the following:
a. 
Transfer of ownership to the County in an effort to find a suitable user for the site;
b. 
Removal of all items and improvements, needing abatement and not deemed by the County as suitable or conducive for adequate site repurposing; and
c. 
Escrow shall be required in an amount deemed acceptable to mitigate said items needing mitigation and removal from site that in the opinion of the County would impede the repurposing and reuse of the site.
J. 
Transfer Of Ownership.
1. 
Any transfer of ownership or operational control shall not relieve the original owner or operator of responsibility under this Section unless expressly approved by the County in writing and accompanied by replacement financial assurance.

Section 400.3800 Development Agreement.

[Ord. No. 26-0203, 4-27-2026]
A. 
Required. Pursuant to Section 4001230(C) of this UDO, and as a part of the approval of any development plan, a development agreement shall be required to address and mitigate any adverse impacts associated with the development plan that may or may not be addressed within these regulations. In order for any development agreement to be valid, it must be acceptable to both the applicant and the County.
B. 
Contents. The contents of the development agreement shall be determined based on the context of the development and the perceived impacts to the adjoining area(s) and entities (whether public or private). This shall be accomplished in a manner to provide the benefit to the community of protecting the health, safety, and welfare of the residents of the County. In order for a development agreement to be acceptable to the County, the contents, shall include, but not be limited to, the following terms and conditions and to:
1. 
Provide measurable, enforceable, and lasting benefits to Jefferson County and its residents, while mitigating impacts associated with intensive land use, energy consumption, infrastructure demands, and environmental effects and address the following generally:
a. 
Promote equitable economic development and local workforce participation;
b. 
Ensure that public infrastructure and services are not unduly burdened by Data Center operations;
c. 
Address site-specific impacts related to utilities, transportation, noise, air quality, water resources, and emergency services;
d. 
Secure long-term commitments for site maintenance, closure, decommissioning, and remediation;
e. 
Provide transparency, accountability, and enforceable obligations tied to zoning and development approvals; and
f. 
Align private investment with the County's comprehensive plan, sustainability goals, and fiscal interests.
C. 
Applicability And Term.
1. 
A Development agreement shall be required for:
a. 
Any new Data Center development; and
b. 
Any expansion of an existing Data Center development.
2. 
The development agreement shall be expressly incorporated by reference into, and made a condition of any development plan approval granted by Jefferson County for the project.
3. 
Failure to comply with the material terms of said agreement shall constitute a violation of the applicable development plan approval and may result in enforcement action, including revocation or modification of approvals, in addition to any other remedies available at law.
4. 
The development agreement shall commence upon the issuance of the first building permit for the project and shall remain in effect for the life of the facility or thirty (30) years, whichever is longer.
5. 
Obligations shall be scaled with development and apply per phase of development should it develop in phases.
6. 
The development agreement shall run with the land and be binding upon any and all successors, assigns, and any transferee of the project.
7. 
The requirements contained herein shall constitute general minimums that shall be permitted to be modified upon mutual agreement of both the County and the developer.
D. 
Annual Infrastructure Impact Improvement Payment.
1. 
Due to environmental concerns, strain on existing County infrastructure, and potential need for new or additional utility infrastructure. the developer and Jefferson County shall agree to make a determined and agreed upon annual payment made to Jefferson County.
2. 
Payments shall be indexed annually to the Consumer Price Index (CPI-U) as established by the St. Louis Regional Federal Reserve.
E. 
Use Of Funds.
1. 
The developer and Jefferson County shall agree to the use of the funds deemed eligible, including, but not limited to, the following:
a. 
Parks, trails, and conservation projects;
b. 
Road and bridge development, expansion, and maintenance;
c. 
Utility and other supportive infrastructure planning, development, and expansion;
d. 
Public safety and other related emergency services including emergency management; and
e. 
Broadband and digital inclusion initiatives.
F. 
Up-Front Contributions. The developer and the County shall agree to the provision of a one-time up-front payment which shall be required to be paid prior to the issuance of a Certificate of Occupancy for the first building in order to provide for the necessary and required improvements as set forth above.
G. 
Disclosure Of Tax Incentives And Revenue Protections Required. The developer shall disclose all requested or approved tax abatements, exemptions, or incentives with any and all taxing entities.
H. 
Workforce And Development Inclusion.
1. 
Construction Phase.
a. 
A good faith effort shall be made to attain at least twenty-five percent (25%) of the construction labor hours to be performed by residents of Jefferson County. Should the labor be unable to be attained after demonstrating a good faith effort to do so, then this number may be reduced upon mutual agreement.
b. 
The a good faith effort to attain the twenty-five percent (25%) [or balance left from above if less or greater than fifty percent (50%)] of labor shall come from the St. Louis Metropolitan Region. Should these minimum thresholds prove unattainable after demonstrating a good faith effort to do so, then this may also be reduced upon mutual agreement.
c. 
Use of registered apprenticeships shall be required where available. If proven unavailable the project shall make efforts to develop said registered apprenticeship programs.
(1) 
This requirement shall not be construed so as to disqualify local contractor participation who do not employ apprenticeship programs. However, the use of local contractors who employ apprenticeship programs shall be given priority over those who do not employ said programs.
d. 
Contractors shall be required comply with prevailing wage standards.
e. 
An executed Project Labor Agreement (PLA) shall be required to be submitted to the County by the developer prior to the issuance of the first building permit for the project.
2. 
Operations Phase.
a. 
Developer shall partner with Jefferson College and local High Schools to provide support for workforce training and development.
b. 
Developer shall offer internships, job shadowing, or training opportunities for County residents.
c. 
At least fifty percent (50%) of the full-time employment positions and labor hours shall be performed by residents of Jefferson County.
3. 
Operational And Physical Plant Upgrade Workforce Training.
a. 
Developer shall fund and implement ongoing training programs whenever the Data Center Project expands or improves the physical structure/plant, integrates new technology, expands server capacity, or undertakes structural or systems modifications. Such programs shall:
(1) 
Provide certifications or credentials recognized in the industry (e.g., networking, cybersecurity, facilities engineering).
(2) 
Use of registered apprenticeships shall be required where available. If proven unavailable the developer shall make efforts to develop said registered apprenticeship programs.
(3) 
Be offered not fewer than twice annually and open to all qualified candidates who meet baseline eligibility requirements.
(4) 
The developer must establish a workforce retention and upskilling fund dedicated to continued education and cross-training for existing employees to ensure local workers remain competitive as technology evolves.
I. 
Infrastructure And Public Services.
1. 
Developer shall:
a. 
Fund or construct any and all necessary roads, intersections, or signal improvements;
b. 
Coordinate with all applicable public safety entities, including the Jefferson County Sheriffs Department and the provision of funding for any and all required and necessary specialized equipment and training; and
c. 
Upgrade or extend utility infrastructure serving the project without cost to existing customers.
J. 
Community Investment Program.
1. 
Developer shall fund an annual Community Grant Program at a determined amount per year, administered by the County, supporting:
a. 
STEM education and schools;
b. 
Community facilities and non-profits;
c. 
Youth mental health programs;
d. 
Social economic grants for County residents qualifying based upon income level.

Section 400.3810 through Section 400.3870. (Reserved) [1]

[1]
Editor's Note—At the discretion of the County and prior to the adoption of the code in December 2010, the County removed the material prior contained in article x herein regarding land disturbance and stormwater management due to it's duplication in another area of the code which was more recently updated than the material prior contained herein. Material regarding land disturbance and stormwater management can be found in chapter 505, article ii, sections 505.130 et seq., of this code.