Selma Approves 14 Code Changes, Delays Data Center Rules

SELMA, N.C. – The Selma Town Council approved 14 changes to the town’s Code of Ordinances on Sept. 8, including new restrictions involving narrow-street parking, through truck traffic and camping, but delayed action on what became the most controversial proposal of the night — regulations governing data centers.

Several people spoke during a public hearing in opposition to allowing a data center in Selma.

Rather than approve the proposed data center regulations that night, council members moved toward making them more restrictive, including requiring any future data center to obtain a special use permit and provide its own electricity and water rather than relying on the Town of Selma utility systems.

At the request of Mayor Byron McAllister, the council tabled the data center amendment until October to give council members and town staff additional time to review the regulations and determine whether they should be strengthened further.

Data Center Rules

The proposed ordinance would establish the town’s first specific development standards for data centers, which the town defines as facilities housing computer servers, data storage equipment and related telecommunications systems.

Even before the additional restrictions were discussed Sept. 8, the staff proposal contained a number of safeguards.

Buildings would have to be at least 500 feet from property containing a school, hospital or childcare center, or property zoned residential, and at least 50 feet from a publicly maintained road. Buildings generally could not exceed 65 feet in height.

The draft also prohibited using groundwater for cooling and required a geothermal closed-loop cooling system. A water and sewer study would be required to examine anticipated demand and long-term effects on utility infrastructure.

Noise would be capped at 55 decibels at any property line, and an acoustical study would be required before a council decision and again one year after a certificate of occupancy was issued.

The proposal also contained decommissioning requirements and would require the developer to pay the full cost of utility infrastructure upgrades needed to serve the project.

Council members indicated Sept. 8 they want to go further.

Under the direction discussed by council, a data center would require a special use permit, putting an individual project before the Town Council for consideration rather than allowing it simply because it met zoning requirements.

Those provisions will now return for additional review in October before the council considers the ordinance again.

New Parking Rules For Narrow Streets

One of the amendments that did win approval establishes specific parking regulations for streets the town considers too narrow for unrestricted parking.

The ordinance initially designates White Street, Spindale Street, Tower Street, Ray Street, Wood Street, Millbrook Street and Mitchner Street as narrow streets. Additional streets or portions of streets may be added later by Town Council resolution.

Parking is prohibited when a vehicle obstructs or unreasonably impedes an emergency or service vehicle, leaves insufficient roadway width for those vehicles, blocks access to a street, driveway, alley or intersection, or violates posted signs or pavement markings.

The town must install signs, curb markings or other traffic-control devices before enforcement begins on newly designated streets.

Violators may face a civil penalty, and vehicles may be towed when allowed by state law and town policy, particularly when emergency access is blocked.

Through Truck Traffic Restricted

Council members also approved clearer rules for through truck traffic.

The ordinance applies to vehicles with three or more axles or a gross vehicle weight greater than 26,000 pounds, whether loaded or empty.

Those vehicles may not travel on town-owned or maintained streets posted as “No Through Truck” routes unless they are making a scheduled or lawful stop or delivering to a specific address along the route.

The designated routes include portions of East Lizzie Street, Firetower Road, North Sumner Street, East and West Anderson streets, River Road, West Oak Street and West Noble Street.

Emergency vehicles, school buses, solid waste vehicles and town public works trucks are exempt.

Violations are subject to a civil penalty.

Town Establishes Camping, Encampment Rules

Another ordinance creates detailed definitions and enforcement standards for camping and encampments on both public and private property.

“Camping” includes using property for living accommodations, including sleeping or preparing to sleep with bedding, sleeping bags, mattresses, cardboard, tents, tarps or similar temporary shelters.

An “encampment” is defined as one or more people camping at the same location, whether or not tents or shelters are present.

On private property, a person must have written consent from the property owner or lawful possessor and be able to produce that consent when requested by code enforcement or law enforcement. The requirement does not apply to a person camping on his or her own property.

Camping on public property is prohibited unless it takes place in an area specifically designated by the town for that purpose.

The ordinance also prohibits camps or encampments from blocking sidewalks, streets, entrances, fire lanes and emergency access points, and addresses trash, human waste, hazardous materials and open flames.

Generally, the town must post 24 hours’ notice before removing a prohibited campsite.

The 24-hour notice requirement does not apply when authorities have reason to believe other illegal activity is occurring or when an emergency presents an immediate threat to health or safety. Violations are treated as civil infractions.

Other Code Changes Approved

The council approved several other amendments as part of the broader review of town ordinances.

Among them, Selma expanded its definition of a nuisance vehicle to include a vehicle leaking fluid that stains or enters public streets or water systems.

Another amendment gives the town clearer authority to complete nuisance abatement when a property owner fails to bring a violation into compliance, with the costs of the work subject to recovery by the town.

Other changes addressed issues including residential garbage container locations, nonconforming properties, accessory structures and golf carts and low-speed vehicles.