the application is not accepted for review — and no statutory review clock starts — until every item is delivered. Sequencing is leverage. - Cooling Architecture Disclosure: technology by type with manufacturer specifications; design WUE and PUE, annualized and peak-day, with… Full text: Chapter 1, Part D of the book.

Independent Technical Review; Cost Reimbursement. Prior to acceptance of any application for a High-Density Computing Facility, the Applicant shall deposit with the County an amount sufficient to fund independent third-party review of all water-related… Full text: Chapter 1, Part D of the book.

Cooling & Reclaimed-Water Verification The Zero-Evaporation definition, reclaimed-water conditions, and annual meter-verification clauses set out in this chapter's Loophole Insert are adopted by reference as Tool 1.3 — the enforcement companion to the disclosures of Tool 1.1. For this chapter's clause… Full text: Chapter 1, Part D of the book.

The Board Member's Five Questions For the supervisor at the dais who will never read a hydrogeology report, five questions that cannot be answered with slide fourteen: - "What is your peak-day consumption at full build-out — not your average, not… Full text: Chapter 1, Part D of the book.

Ordinance adopted (before any applicant appears) → Application filed → escrow funded → County selects independent reviewer → Completeness gate: Checklist 1.1 satisfied? If no, the clock does not start → Peak Stress Audit and Baseline Well Census entered into the… Full text: Chapter 1, Part D of the book.

Core Terms - Full Requirements Disclosure: hourly load shape, ramp schedule by quarter, coincident peak estimates, and interconnection/system-impact studies as application completeness items. - Minimum Take: payment for not less than [85]% of contracted capacity, used or not — the AEP… Full text: Chapter 2, Part D of the book.

A developer-funded escrow, replenished annually, from which the utility draws to offset any independently audited rate impact on residential and small-commercial classes attributable to the Facility — the enforcement instrument behind every 'no ratepayer impact' promise. If the… Full text: Chapter 2, Part D of the book.

Security posted before energization covering (a) stranded infrastructure costs on early termination, (b) rate-impact reimbursements exceeding the escrow, and (c) system restoration costs from facility-caused disturbances — recalculated every [3] years against actual plant investment. Tool 2.4… Full text: Chapter 2, Part D of the book.

No agreement executes against a project LLC alone. The creditworthy ultimate parent guarantees all payment and performance obligations; assignment or change of control without consent is a default. A promise from a shell is unsecured credit — Chapter… Full text: Chapter 2, Part D of the book.

Maintain, and hand to your co-op board and counsel, the AEP Ohio settlement terms and successor tariffs as the negotiation floor: 85% minimum demand, 12-year terms, exit fees, collateral. The industry has already signed these terms in a… Full text: Chapter 2, Part D of the book.

Energization in approved tranches ([50] MW steps), each conditioned on completion of corresponding supply and delivery upgrades verified by the utility's engineer — never load ahead of infrastructure. Tool 2.7 — Cost Responsibility Clause The following is specification language… Full text: Chapter 2, Part D of the book.

The following is specification language for utility counsel, not an enact-ready ordinance: All costs of generation capacity, transmission service, distribution infrastructure, ancillary services, and market obligations caused by or attributable to the Facility's load, as determined by an… Full text: Chapter 2, Part D of the book.

Ten Questions Before Any Letter of Support (1) Full build-out MW and hourly shape? (2) System impact study filed — where? (3) Who funds dedicated infrastructure, on what depreciation term? (4) Minimum-take percentage and term versus the AEP floor? (5) Exit… Full text: Chapter 2, Part D of the book.

Any representation that the Facility will be served by dedicated, co-located, or contracted generation shall be supported by executed agreements filed with the application, identifying (a) the resource, its operational status, and in-service date; (b) the Facility's full grid draw during… Full text: Chapter 2, Part D of the book.

Three High-Leverage Power Questions Before any letter of support and before any interconnection endorsement, three questions, verbatim, on the public record: 1. "Will your ultimate, creditworthy parent company sign a binding parent guaranty behind this project LLC — or are you… Full text: Chapter 2, Part D of the book.

Specification) Operational sound from the Facility shall not exceed the pre-construction background sound level (L90, measured per the Baseline Protocol) at any receiving dwelling or agricultural receptor by more than [5] dBA or [10] dBC during… Full text: Chapter 3, Part D of the book.

Developer-funded, county-selected acoustician; minimum [14] consecutive days per season represented; all identified residential and agricultural receptors; one-third-octave data; results filed as the permanent public baseline before any land disturbance. No baseline, no completeness. Tool 3.3 — The… Full text: Chapter 3, Part D of the book.

Worst-case modeling — peak thermal load, nighttime inversion, dBC and dBA contours to the [X]-mile radius, all mechanical and electrical sources plus generator testing — reviewed by the county's independent acoustician at applicant expense. Tool… Full text: Chapter 3, Part D of the book.

The Livestock & Agricultural Mitigation Fund An escrowed fund, replenished annually, paying scheduled compensation for verified acoustic-impact claims by agricultural operations within the modeled contour, per a protocol combining the herd baseline, attended measurement, and veterinary review — compensation without litigation… Full text: Chapter 3, Part D of the book.

Equipment & Expansion Trigger No equipment addition or replacement increasing rated heat rejection, generation capacity, or total sound power may be energized without an updated AIA and county approval — closing the quiet-creep loophole by which compliant facilities grow loud one… Full text: Chapter 3, Part D of the book.

Continuous Monitoring & Public Data Permanent monitoring stations at [3+] designated receptors, county-accessible, data published [monthly]; annual attended compliance survey including tonal analysis, at operator expense. Tool 3.7 — Model Enforcement Clause (specification for counsel) A verified exceedance opens a [30]-day… Full text: Chapter 3, Part D of the book.

A verified exceedance opens a [30]-day cure period. Failure to cure triggers liquidated damages of $[___] per day drawn from the Noise Compliance Security until compliance is re-verified by attended measurement. Three verified exceedance events… Full text: Chapter 3, Part D of the book.

(1) Does our ordinance specify dBC and background-relative limits — or only dBA? (2) Where is the pre-construction baseline? (3) Whose model, whose assumptions, what meteorology? (4) Generator test windows fixed by permit? (5) Continuous monitoring with public… Full text: Chapter 3, Part D of the book.

When the applicant's acoustical consultant opens the contour maps, the board does not debate whether the fans are loud. It hands the engineer a single sheet of paper carrying the dual-spectrum standard of Tool 3.1… Full text: Chapter 3, Part D of the book.

'High-Density Computing Facility' defined by function and aggregate design load exceeding [1] MW; tiers at [20] and [100] MW; applies in all districts; removes the use from all by-right tables. Article II — Aggregation: all phases and commonly controlled parcels reviewed… Full text: Chapter 4, Part D of the book.

(1) inventory every district whose use table could plausibly capture a data center under existing definitions; (2) map the acreage so zoned, overlaying transmission corridors — that intersection is your exposure map, and the site selectors already have it; (3) memo… Full text: Chapter 4, Part D of the book.

& Moratorium Decision Framework If the audit reveals material exposure and drafting will take months: consider the bounded moratorium — [12–18] months, tied to a published work plan with milestones (see The Bounded Moratorium section and the Conclusion's… Full text: Chapter 4, Part D of the book.

Once the by-right audit is complete and the overlay is adopted, the county's posture at intake fits on a single page. Three conditions precedent, delivered verbatim: 1. "This county does not recognize by-right access… Full text: Chapter 4, Part D of the book.

Prior to energization, the Operator shall fund decommissioning security equal to the County engineer's estimate of full third-party demolition, removal, and site restoration, assuming zero salvage value, in the form of cash escrow or… Full text: Chapter 5, Part D of the book.

A single controlled document, owned by a named official, listing every instrument (bonds, LCs, escrows, insurance certificates), its amount, obligor, expiry, replenishment status, and next recalculation date — reviewed at a standing annual agenda item, with outside… Full text: Chapter 5, Part D of the book.

No security releases on the calendar or at 'substantial completion' declarations. Construction bonds release against engineer-verified milestones; decommissioning security releases only upon verified restoration; operational escrows release [24] months after permanent cessation and confirmed compliance. The default posture… Full text: Chapter 5, Part D of the book.

When the development agreement reaches the dais, the board exercises the chapter's governing rule — money exits last — in three sentences: 1. "We do not accept signatures from asset-empty project LLCs. This agreement does… Full text: Chapter 5, Part D of the book.

every land-use agenda item opens with counsel's on-record statement of capacity (legislative or quasi-judicial) and the conduct rules that follow. Tool 5B.2 — The Ex Parte Disclosure Script "Before we proceed, I disclose the following contact regarding this application: on [date]… Full text: Chapter 5B, Part D of the book.

on [date], [person] communicated with me regarding [substance]. I have considered nothing outside this record, and I invite any party to respond." Tool 5B.3 — The Contact Deflection Card Wallet-sized, for every official: "I can't discuss a pending application outside the… Full text: Chapter 5B, Part D of the book.

"I can't discuss a pending application outside the hearing. Please submit your comments to the Clerk for the record — I'll read them there." Friendly, uniform, and the end of ninety percent of the trap. Tool 5B.4 — The Findings Discipline… Full text: Chapter 5B, Part D of the book.

No quasi-judicial vote without written findings applying each governing standard to record evidence, drafted or reviewed by counsel, adopted by reference in the motion. Tool 5B.5 — The Annual Training & Developer Conduct Clause A half-day annual procedural… Full text: Chapter 5B, Part D of the book.

& Developer Conduct Clause A half-day annual procedural training for all land-use boards — the classic civic-education workshop, cheap to convene and priceless in discovery — plus one clause in every development agreement: the Developer directs all communications… Full text: Chapter 5B, Part D of the book.

A licensed insurance professional reviews, annually and before any major land-use season: form type and retro dates; limits vs. defense erosion; the four exclusions above; individual-capacity coverage for officials and volunteers; tail and continuity on any… Full text: Chapter 5C, Part D of the book.

Developer shall defend, indemnify, and hold harmless the County and its officials, employees, and agents, in their official and individual capacities, from all Project-related claims regardless of merit, with defense costs paid as incurred. This… Full text: Chapter 5C, Part D of the book.

staff assembles the county's actual labor picture (BLS wages, Census County Business Patterns) so targets are achievable by design. Gate 2 — Commitments in layers, never blended: construction hours, permanent positions, and 'supported' claims stated separately with residency, wage floor, and… Full text: Chapter 6, Part D of the book.

Developer and creditworthy parent; the County; [college district / workforce board / coalition where state law permits]. Local hire: [__]% of construction work-hours by County/regional residents, set per trade from the Gate 1 baseline; bid packages unbundled where practicable. Apprenticeship: [__]%… Full text: Chapter 6, Part D of the book.

Incentives are earned annually in arrears, never granted whole against forecasts. Weighted benchmarks: permanent local jobs vs. target (30%), average wage vs. floor (20%), local construction hours (20%), apprentices and training completions hired (15%), local procurement (10%), reporting… Full text: Chapter 6, Part D of the book.

When the abatement ask arrives, the board answers with the whole chapter in four sentences: 1. "We do not grant abatements against forecasts. Incentives are earned annually in arrears, verified by the Incentive Scorecard … Full text: Chapter 6, Part D of the book.

Framework provisions for county counsel to conform to state public-records and open-meetings law before adoption: Section 1 — Policy: The County conducts the public's business in public. No official, employee, or agent shall execute any nondisclosure agreement… Full text: Chapter 7, Part D of the book.

Presumptively Public (consumption, discharge, monitoring data; incentive terms and cost-per-job; county-commissioned studies; required reports) · Presumptively Confidential (server/network architecture; security configurations; proprietary designs; customer identities; pre-assembly strategy) · Balancing Required (security-adjacent infrastructure detail; genuine edge cases, resolved by counsel with written… Full text: Chapter 7, Part D of the book.

For every claimed confidentiality, a one-page written determination by counsel before the claim is honored: (1) identify the specific information; (2) state the legal basis — the statute and each element satisfied; (3) assess partial disclosure … Full text: Chapter 7, Part D of the book.

(pre-vote, every major action) The Clerk certifies on the record before any vote on rezonings, incentives, development agreements, or infrastructure commitments: all notice and agenda requirements met to the letter (the Digital Gateway rule); every executive session's statutory… Full text: Chapter 7, Part D of the book.

When the NDA slides across the desk, the county does not negotiate its paragraphs. It slides the document back with a copy of the Anti-NDA Ordinance and three sentences: 1. "This county does not sign… Full text: Chapter 7, Part D of the book.